govt.fyi
Back to SB 2394
Illinois General Assembly· SB 2394Governor Approved

FIRST 2025 GENERAL REVISORY, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Large document: the complete text runs about 752,000 words on this one page, so it can take a moment to load and render.
SB2394 Enrolled                       LRB104 09208 AMC 19265 b

1   AN ACT to revise the law by combining multiple enactments

2 and making technical corrections.

3   Be it enacted by the People of the State of Illinois,

4 represented in the General Assembly:

5   Section 1. Nature of this Act.

6   (a) This Act may be cited as the First 2025 General

7 Revisory Act.

8   (b) This Act is not intended to make any substantive

9 change in the law. It reconciles conflicts that have arisen

10 from multiple amendments and enactments and makes technical

11 corrections and revisions in the law.

12  This Act revises and, where appropriate, renumbers certain

13 Sections that have been added or amended by more than one

14 Public Act. In certain cases in which a repealed Act or Section

15 has been replaced with a successor law, this Act may

16 incorporate amendments to the repealed Act or Section into the

17 successor law. This Act also corrects errors, revises

18 cross-references, and deletes obsolete text.

19  (c) In this Act, the reference at the end of each amended

20 Section indicates the sources in the Session Laws of Illinois

21 that were used in the preparation of the text of that Section.

22 The text of the Section included in this Act is intended to

23 include the different versions of the Section found in the

24 Public Acts included in the list of sources, but may not
    SB2394 Enrolled          -2-  LRB104 09208 AMC 19265 b

1 include other versions of the Section to be found in Public

2 Acts not included in the list of sources. The list of sources

3 is not a part of the text of the Section.

4   (d) Public Acts 103-584 through 103-1059 were considered

5 in the preparation of the combining revisories included in

6 this Act. Many of those combining revisories contain no

7 striking or underscoring because no additional changes are

8 being made in the material that is being combined.

9   Section 5. The Statute on Statutes is amended by changing

10 Section 1.33 as follows:

11  (5 ILCS 70/1.33) (from Ch. 1, par. 1034)

12  Sec. 1.33. Whenever there is a reference in any Act to the

13 School Construction Bond Act, or the Illinois Coal and Energy

14 Development Bond Act, such reference shall be interpreted to

15 include the General Obligation Bond Act.

16 (Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.)

17  Section 10. The Regulatory Sunset Act is amended by

18 changing Sections 4.39 and 4.40 as follows:

19  (5 ILCS 80/4.39)

20  Sec. 4.39. Acts and Section repealed on January 1, 2029

21 and December 31, 2029.

22  (a) The following Acts and Section are repealed on January
    SB2394 Enrolled           -3-          LRB104 09208 AMC 19265 b

1 1, 2029:

2           The Electrologist Licensing Act.

3           The Environmental Health Practitioner Licensing Act.

4           The Illinois Occupational Occupation Therapy Practice

5   Act.

6           The Crematory Regulation Act.

7           The Illinois Public Accounting Act.

8           The Private Detective, Private Alarm, Private

9   Security, Fingerprint Vendor, and Locksmith Act of 2004.

10          Section 2.5 of the Illinois Plumbing License Law.

11          The Veterinary Medicine and Surgery Practice Act of

12  2004.

13          The Registered Surgical Assistant and Registered

14  Surgical Technologist Title Protection Act.

15  (b) The following Act is repealed on December 31, 2029:

16          The Structural Pest Control Act.

17 (Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23;

18 103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff.

19 8-4-23; 103-605, eff. 7-1-24; revised 10-24-24.)

20  (5 ILCS 80/4.40)

21  Sec. 4.40. Acts repealed on January 1, 2030. The following

22 Acts are repealed on January 1, 2030:

23  The Auction License Act.

24  The Genetic Counselor Licensing Act.

25  The Illinois Architecture Practice Act of 1989.
    SB2394 Enrolled         -4-     LRB104 09208 AMC 19265 b

1   The Illinois Certified Shorthand Reporters Act of 1984.

2   The Illinois Professional Land Surveyor Act of 1989.

3   The Orthotics, Prosthetics, and Pedorthics Practice Act.

4   The Perfusionist Practice Act.

5   The Professional Engineering Practice Act of 1989.

6   The Real Estate License Act of 2000.

7   The Structural Engineering Practice Act of 1989.

8 (Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25;

9 103-816, eff. 8-9-24; revised 11-26-24.)

10  (5 ILCS 80/4.35 rep.)

11  Section 12. The Regulatory Sunset Act is amended by

12 repealing Section 4.35.

13  Section 15. The Illinois Administrative Procedure Act is

14 amended by changing Section 5-45.52 and by setting forth,

15 renumbering, and changing multiple versions of Section 5-45.55

16 as follows:

17  (5 ILCS 100/5-45.52)

18  (Section scheduled to be repealed on August 4, 2025)

19  Sec. 5-45.52. Emergency rulemaking; Public Act 103-568. To

20 provide for the expeditious and timely implementation of

21 Public Act 103-568, emergency rules implementing Public Act

22 103-568 may be adopted in accordance with Section 5-45 by the

23 Department of Financial and Professional Regulation. The
    SB2394 Enrolled           -5-  LRB104 09208 AMC 19265 b

1 adoption of emergency rules authorized by Section 5-45 and

2 this Section is deemed to be necessary for the public

3 interest, safety, and welfare.

4   This Section is repealed on August 4, 2025 on December 8,

5 2024 (Public Act 103-568).

6 (Source: P.A. 103-568, eff. 12-8-23; 103-601, eff. 7-1-24;

7 103-605, eff. 7-1-24; revised 7-23-24.)

8   (5 ILCS 100/5-45.55)

9   (Section scheduled to be repealed on January 1, 2026)

10  Sec. 5-45.55. Emergency rulemaking; the Department of

11 Natural Resources. To provide for the expeditious and timely

12 implementation of Section 13 of the Rivers, Lakes, and Streams

13 Act, emergency rules implementing Section 13 of the Rivers,

14 Lakes, and Streams Act may be adopted in accordance with

15 Section 5-45 by the Department of Natural Resources. The

16 adoption of emergency rules authorized by Section 5-45 and

17 this Section is deemed to be necessary for the public

18 interest, safety, and welfare.

19  This Section is repealed January 1, 2026 (one year after

20 the effective date of Public Act 103-905) this amendatory Act

21 of the 103rd General Assembly.

22 (Source: P.A. 103-905, eff. 1-1-25; revised 12-3-24.)

23  (5 ILCS 100/5-45.58)

24  (Section scheduled to be repealed on June 5, 2025)
    SB2394 Enrolled       -6-        LRB104 09208 AMC 19265 b

1   Sec. 5-45.58 5-45.55. Emergency rulemaking; Substance Use

2 Disorder Act. To provide for the expeditious and timely

3 implementation of the changes made to Section 55-30 of the

4 Substance Use Disorder Act by Public Act 103-588 this

5 amendatory Act of the 103rd General Assembly, emergency rules

6 implementing the changes made to that Section by Public Act

7 103-588 this amendatory Act of the 103rd General Assembly may

8 be adopted in accordance with Section 5-45 by the Department

9 of Human Services or other department essential to the

10 implementation of the changes. The adoption of emergency rules

11 authorized by Section 5-45 and this Section is deemed to be

12 necessary for the public interest, safety, and welfare.

13  This Section is repealed June 5, 2025 (one year after the

14 effective date of this Section).

15 (Source: P.A. 103-588, eff. 6-5-24; revised 10-3-24.)

16  (5 ILCS 100/5-45.59)

17  (Section scheduled to be repealed on June 7, 2025)

18  Sec. 5-45.59 5-45.55. Emergency rulemaking; Medicaid

19 hospital rate updates. To provide for the expeditious and

20 timely implementation of the changes made to Section 14-12.5

21 of the Illinois Public Aid Code by Public Act 103-593 this

22 amendatory Act of the 103rd General Assembly, emergency rules

23 implementing the changes made by Public Act 103-593 this

24 amendatory Act of the 103rd General Assembly to Section

25 14-12.5 of the Illinois Public Aid Code may be adopted in
    SB2394 Enrolled            -7-        LRB104 09208 AMC 19265 b

1 accordance with Section 5-45 by the Department of Healthcare

2 and Family Services. The adoption of emergency rules

3 authorized by Section 5-45 and this Section is deemed to be

4 necessary for the public interest, safety, and welfare.

5   This Section is repealed June 7, 2025 (one year after the

6 effective date of Public Act 103-593) this amendatory Act of

7 the 103rd General Assembly.

8 (Source: P.A. 103-593, eff. 6-7-24; revised 10-7-24.)

9   (5 ILCS 100/5-45.60)

10  Sec. 5-45.60 5-45.55. Emergency rulemaking; Network

11 Adequacy and Transparency Act. To provide for the expeditious

12 and timely implementation of the Network Adequacy and

13 Transparency Act, emergency rules implementing federal

14 standards for provider ratios, travel time and distance, and

15 appointment wait times if such standards apply to health

16 insurance coverage regulated by the Department of Insurance

17 and are more stringent than the State standards extant at the

18 time the final federal standards are published may be adopted

19 in accordance with Section 5-45 by the Department of

20 Insurance. The adoption of emergency rules authorized by

21 Section 5-45 and this Section is deemed to be necessary for the

22 public interest, safety, and welfare.

23 (Source: P.A. 103-650, eff. 1-1-25; revised 12-3-24.)

24  Section 20. The Freedom of Information Act is amended by
    SB2394 Enrolled         -8-        LRB104 09208 AMC 19265 b

1 changing Section 7.5 as follows:

2   (5 ILCS 140/7.5)

3   Sec. 7.5. Statutory exemptions. To the extent provided for

4 by the statutes referenced below, the following shall be

5 exempt from inspection and copying:

6   (a) All information determined to be confidential

7   under Section 4002 of the Technology Advancement and

8   Development Act.

9   (b) Library circulation and order records identifying

10  library users with specific materials under the Library

11  Records Confidentiality Act.

12  (c) Applications, related documents, and medical

13  records received by the Experimental Organ Transplantation

14  Procedures Board and any and all documents or other

15  records prepared by the Experimental Organ Transplantation

16  Procedures Board or its staff relating to applications it

17  has received.

18  (d) Information and records held by the Department of

19  Public Health and its authorized representatives relating

20  to known or suspected cases of sexually transmitted

21  infection or any information the disclosure of which is

22  restricted under the Illinois Sexually Transmitted

23  Infection Control Act.

24  (e) Information the disclosure of which is exempted

25  under Section 30 of the Radon Industry Licensing Act.
    SB2394 Enrolled  -9-  LRB104 09208 AMC 19265 b

1   (f) Firm performance evaluations under Section 55 of

2   the Architectural, Engineering, and Land Surveying

3   Qualifications Based Selection Act.

4   (g) Information the disclosure of which is restricted

5   and exempted under Section 50 of the Illinois Prepaid

6   Tuition Act.

7   (h) Information the disclosure of which is exempted

8   under the State Officials and Employees Ethics Act, and

9   records of any lawfully created State or local inspector

10  general's office that would be exempt if created or

11  obtained by an Executive Inspector General's office under

12  that Act.

13  (i) Information contained in a local emergency energy

14  plan submitted to a municipality in accordance with a

15  local emergency energy plan ordinance that is adopted

16  under Section 11-21.5-5 of the Illinois Municipal Code.

17  (j) Information and data concerning the distribution

18  of surcharge moneys collected and remitted by carriers

19  under the Emergency Telephone System Act.

20  (k) Law enforcement officer identification information

21  or driver identification information compiled by a law

22  enforcement agency or the Department of Transportation

23  under Section 11-212 of the Illinois Vehicle Code.

24  (l) Records and information provided to a residential

25  health care facility resident sexual assault and death

26  review team or the Executive Council under the Abuse
    SB2394 Enrolled  - 10 - LRB104 09208 AMC 19265 b

1   Prevention Review Team Act.

2   (m) Information provided to the predatory lending

3   database created pursuant to Article 3 of the Residential

4   Real Property Disclosure Act, except to the extent

5   authorized under that Article.

6   (n) Defense budgets and petitions for certification of

7   compensation and expenses for court appointed trial

8   counsel as provided under Sections 10 and 15 of the

9   Capital Crimes Litigation Act (repealed). This subsection

10  (n) shall apply until the conclusion of the trial of the

11  case, even if the prosecution chooses not to pursue the

12  death penalty prior to trial or sentencing.

13  (o) Information that is prohibited from being

14  disclosed under Section 4 of the Illinois Health and

15  Hazardous Substances Registry Act.

16  (p) Security portions of system safety program plans,

17  investigation reports, surveys, schedules, lists, data, or

18  information compiled, collected, or prepared by or for the

19  Department of Transportation under Sections 2705-300 and

20  2705-616 of the Department of Transportation Law of the

21  Civil Administrative Code of Illinois, the Regional

22  Transportation Authority under Section 2.11 of the

23  Regional Transportation Authority Act, or the St. Clair

24  County Transit District under the Bi-State Transit Safety

25  Act (repealed).

26  (q) Information prohibited from being disclosed by the
    SB2394 Enrolled  - 11 - LRB104 09208 AMC 19265 b

1   Personnel Record Review Act.

2   (r) Information prohibited from being disclosed by the

3   Illinois School Student Records Act.

4   (s) Information the disclosure of which is restricted

5   under Section 5-108 of the Public Utilities Act.

6   (t) (Blank).

7   (u) Records and information provided to an independent

8   team of experts under the Developmental Disability and

9   Mental Health Safety Act (also known as Brian's Law).

10  (v) Names and information of people who have applied

11  for or received Firearm Owner's Identification Cards under

12  the Firearm Owners Identification Card Act or applied for

13  or received a concealed carry license under the Firearm

14  Concealed Carry Act, unless otherwise authorized by the

15  Firearm Concealed Carry Act; and databases under the

16  Firearm Concealed Carry Act, records of the Concealed

17  Carry Licensing Review Board under the Firearm Concealed

18  Carry Act, and law enforcement agency objections under the

19  Firearm Concealed Carry Act.

20  (v-5) Records of the Firearm Owner's Identification

21  Card Review Board that are exempted from disclosure under

22  Section 10 of the Firearm Owners Identification Card Act.

23  (w) Personally identifiable information which is

24  exempted from disclosure under subsection (g) of Section

25  19.1 of the Toll Highway Act.

26  (x) Information which is exempted from disclosure
    SB2394 Enrolled  - 12 - LRB104 09208 AMC 19265 b

1   under Section 5-1014.3 of the Counties Code or Section

2   8-11-21 of the Illinois Municipal Code.

3   (y) Confidential information under the Adult

4   Protective Services Act and its predecessor enabling

5   statute, the Elder Abuse and Neglect Act, including

6   information about the identity and administrative finding

7   against any caregiver of a verified and substantiated

8   decision of abuse, neglect, or financial exploitation of

9   an eligible adult maintained in the Registry established

10  under Section 7.5 of the Adult Protective Services Act.

11  (z) Records and information provided to a fatality

12  review team or the Illinois Fatality Review Team Advisory

13  Council under Section 15 of the Adult Protective Services

14  Act.

15  (aa) Information which is exempted from disclosure

16  under Section 2.37 of the Wildlife Code.

17  (bb) Information which is or was prohibited from

18  disclosure by the Juvenile Court Act of 1987.

19  (cc) Recordings made under the Law Enforcement

20  Officer-Worn Body Camera Act, except to the extent

21  authorized under that Act.

22  (dd) Information that is prohibited from being

23  disclosed under Section 45 of the Condominium and Common

24  Interest Community Ombudsperson Act.

25  (ee) Information that is exempted from disclosure

26  under Section 30.1 of the Pharmacy Practice Act.
    SB2394 Enrolled  - 13 - LRB104 09208 AMC 19265 b

1   (ff) Information that is exempted from disclosure

2   under the Revised Uniform Unclaimed Property Act.

3   (gg) Information that is prohibited from being

4   disclosed under Section 7-603.5 of the Illinois Vehicle

5   Code.

6   (hh) Records that are exempt from disclosure under

7   Section 1A-16.7 of the Election Code.

8   (ii) Information which is exempted from disclosure

9   under Section 2505-800 of the Department of Revenue Law of

10  the Civil Administrative Code of Illinois.

11  (jj) Information and reports that are required to be

12  submitted to the Department of Labor by registering day

13  and temporary labor service agencies but are exempt from

14  disclosure under subsection (a-1) of Section 45 of the Day

15  and Temporary Labor Services Act.

16  (kk) Information prohibited from disclosure under the

17  Seizure and Forfeiture Reporting Act.

18  (ll) Information the disclosure of which is restricted

19  and exempted under Section 5-30.8 of the Illinois Public

20  Aid Code.

21  (mm) Records that are exempt from disclosure under

22  Section 4.2 of the Crime Victims Compensation Act.

23  (nn) Information that is exempt from disclosure under

24  Section 70 of the Higher Education Student Assistance Act.

25  (oo) Communications, notes, records, and reports

26  arising out of a peer support counseling session
    SB2394 Enrolled          - 14 - LRB104 09208 AMC 19265 b

1   prohibited from disclosure under the First Responders

2   Suicide Prevention Act.

3   (pp) Names and all identifying information relating to

4   an employee of an emergency services provider or law

5   enforcement agency under the First Responders Suicide

6   Prevention Act.

7   (qq) Information and records held by the Department of

8   Public Health and its authorized representatives collected

9   under the Reproductive Health Act.

10  (rr) Information that is exempt from disclosure under

11  the Cannabis Regulation and Tax Act.

12  (ss) Data reported by an employer to the Department of

13  Human Rights pursuant to Section 2-108 of the Illinois

14  Human Rights Act.

15  (tt) Recordings made under the Children's Advocacy

16  Center Act, except to the extent authorized under that

17  Act.

18  (uu) Information that is exempt from disclosure under

19  Section 50 of the Sexual Assault Evidence Submission Act.

20  (vv) Information that is exempt from disclosure under

21  subsections (f) and (j) of Section 5-36 of the Illinois

22  Public Aid Code.

23  (ww) Information that is exempt from disclosure under

24  Section 16.8 of the State Treasurer Act.

25  (xx) Information that is exempt from disclosure or

26  information that shall not be made public under the
    SB2394 Enrolled           - 15 - LRB104 09208 AMC 19265 b

1   Illinois Insurance Code.

2   (yy) Information prohibited from being disclosed under

3   the Illinois Educational Labor Relations Act.

4   (zz) Information prohibited from being disclosed under

5   the Illinois Public Labor Relations Act.

6   (aaa) Information prohibited from being disclosed

7   under Section 1-167 of the Illinois Pension Code.

8   (bbb) Information that is prohibited from disclosure

9   by the Illinois Police Training Act and the Illinois State

10  Police Act.

11  (ccc) Records exempt from disclosure under Section

12  2605-304 of the Illinois State Police Law of the Civil

13  Administrative Code of Illinois.

14  (ddd) Information prohibited from being disclosed

15  under Section 35 of the Address Confidentiality for

16  Victims of Domestic Violence, Sexual Assault, Human

17  Trafficking, or Stalking Act.

18  (eee) Information prohibited from being disclosed

19  under subsection (b) of Section 75 of the Domestic

20  Violence Fatality Review Act.

21  (fff) Images from cameras under the Expressway Camera

22  Act. This subsection (fff) is inoperative on and after

23  July 1, 2025.

24  (ggg) Information prohibited from disclosure under

25  paragraph (3) of subsection (a) of Section 14 of the Nurse

26  Agency Licensing Act.
    SB2394 Enrolled    - 16 - LRB104 09208 AMC 19265 b

1   (hhh) Information submitted to the Illinois State

2   Police in an affidavit or application for an assault

3   weapon endorsement, assault weapon attachment endorsement,

4   .50 caliber rifle endorsement, or .50 caliber cartridge

5   endorsement under the Firearm Owners Identification Card

6   Act.

7   (iii) Data exempt from disclosure under Section 50 of

8   the School Safety Drill Act.

9   (jjj) Information exempt from disclosure under Section

10  30 of the Insurance Data Security Law.

11  (kkk) Confidential business information prohibited

12  from disclosure under Section 45 of the Paint Stewardship

13  Act.

14  (lll) Data exempt from disclosure under Section

15  2-3.196 of the School Code.

16  (mmm) Information prohibited from being disclosed

17  under subsection (e) of Section 1-129 of the Illinois

18  Power Agency Act.

19  (nnn) Materials received by the Department of Commerce

20  and Economic Opportunity that are confidential under the

21  Music and Musicians Tax Credit and Jobs Act.

22  (ooo) (nnn) Data or information provided pursuant to

23  Section 20 of the Statewide Recycling Needs and Assessment

24  Act.

25  (ppp) (nnn) Information that is exempt from disclosure

26  under Section 28-11 of the Lawful Health Care Activity
    SB2394 Enrolled  - 17 - LRB104 09208 AMC 19265 b

1   Act.

2          (qqq) (nnn) Information that is exempt from disclosure

3   under Section 7-101 of the Illinois Human Rights Act.

4          (rrr) (mmm) Information prohibited from being

5   disclosed under Section 4-2 of the Uniform Money

6   Transmission Modernization Act.

7          (sss) (nnn) Information exempt from disclosure under

8   Section 40 of the Student-Athlete Endorsement Rights Act.

9 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

10 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

11 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

12 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

13 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

14 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

15 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.

16 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,

17 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;

18 103-1049, eff. 8-9-24; revised 11-26-24.)

19  Section 25. The Illinois Public Labor Relations Act is

20 amended by changing Sections 5 and 15 as follows:

21  (5 ILCS 315/5) (from Ch. 48, par. 1605)

22  Sec. 5. Illinois Labor Relations Board; State Panel; Local

23 Panel.

24  (a) There is created the Illinois Labor Relations Board.
    SB2394 Enrolled  - 18 - LRB104 09208 AMC 19265 b

1 The Board shall be comprised of 2 panels, to be known as the

2 State Panel and the Local Panel.

3   (a-5) The State Panel shall have jurisdiction over

4 collective bargaining matters between employee organizations

5 and the State of Illinois, excluding the General Assembly of

6 the State of Illinois, between employee organizations and

7 units of local government and school districts with a

8 population not in excess of 2 million persons, and between

9 employee organizations and the Regional Transportation

10 Authority.

11  The State Panel shall consist of 5 members appointed by

12 the Governor, with the advice and consent of the Senate. The

13 Governor shall appoint to the State Panel only persons who

14 have had a minimum of 5 years of experience directly related to

15 labor and employment relations in representing public

16 employers, private employers, or labor organizations; or

17 teaching labor or employment relations; or administering

18 executive orders or regulations applicable to labor or

19 employment relations. At the time of his or her appointment,

20 each member of the State Panel shall be an Illinois resident.

21 The Governor shall designate one member to serve as the

22 Chairman of the State Panel and the Board.

23  Notwithstanding any other provision of this Section, the

24 term of each member of the State Panel who was appointed by the

25 Governor and is in office on June 30, 2003 shall terminate at

26 the close of business on that date or when all of the successor
    SB2394 Enrolled  - 19 - LRB104 09208 AMC 19265 b

1 members to be appointed pursuant to Public Act 93-509 this

2 amendatory Act of the 93rd General Assembly have been

3 appointed by the Governor, whichever occurs later. As soon as

4 possible, the Governor shall appoint persons to fill the

5 vacancies created by this amendatory Act.

6   The initial appointments under Public Act 93-509 this

7 amendatory Act of the 93rd General Assembly shall be for terms

8 as follows: The Chairman shall initially be appointed for a

9 term ending on the 4th Monday in January, 2007; 2 members shall

10 be initially appointed for terms ending on the 4th Monday in

11 January, 2006; one member shall be initially appointed for a

12 term ending on the 4th Monday in January, 2005; and one member

13 shall be initially appointed for a term ending on the 4th

14 Monday in January, 2004. Each subsequent member shall be

15 appointed for a term of 4 years, commencing on the 4th Monday

16 in January. Upon expiration of the term of office of any

17 appointive member, that member shall continue to serve until a

18 successor shall be appointed and qualified. In case of a

19 vacancy, a successor shall be appointed to serve for the

20 unexpired portion of the term. If the Senate is not in session

21 at the time the initial appointments are made, the Governor

22 shall make temporary appointments in the same manner

23 successors are appointed to fill vacancies. A temporary

24 appointment shall remain in effect no longer than 20 calendar

25 days after the commencement of the next Senate session.

26  (b) The Local Panel shall have jurisdiction over
    SB2394 Enrolled              - 20 - LRB104 09208 AMC 19265 b

1 collective bargaining agreement matters between employee

2 organizations and units of local government with a population

3 in excess of 2 million persons, but excluding the Regional

4 Transportation Authority.

5   The Local Panel shall consist of one person appointed by

6 the Governor with the advice and consent of the Senate (or, if

7 no such person is appointed, the Chairman of the State Panel)

8 and two additional members, one appointed by the Mayor of the

9 City of Chicago and one appointed by the President of the Cook

10 County Board of Commissioners. Appointees to the Local Panel

11 must have had a minimum of 5 years of experience directly

12 related to labor and employment relations in representing

13 public employers, private employers, or labor organizations;

14 or teaching labor or employment relations; or administering

15 executive orders or regulations applicable to labor or

16 employment relations. Each member of the Local Panel shall be

17 an Illinois resident at the time of his or her appointment. The

18 member appointed by the Governor (or, if no such person is

19 appointed, the Chairman of the State Panel) shall serve as the

20 Chairman of the Local Panel.

21  Notwithstanding any other provision of this Section, the

22 term of the member of the Local Panel who was appointed by the

23 Governor and is in office on June 30, 2003 shall terminate at

24 the close of business on that date or when his or her successor

25 has been appointed by the Governor, whichever occurs later. As

26 soon as possible, the Governor shall appoint a person to fill
    SB2394 Enrolled         - 21 - LRB104 09208 AMC 19265 b

1 the vacancy created by this amendatory Act. The initial

2 appointment under Public Act 93-509 this amendatory Act of the

3 93rd General Assembly shall be for a term ending on the 4th

4 Monday in January, 2007.

5   The initial appointments under Public Act 91-798 this

6 amendatory Act of the 91st General Assembly shall be for terms

7 as follows: The member appointed by the Governor shall

8 initially be appointed for a term ending on the 4th Monday in

9 January, 2001; the member appointed by the President of the

10 Cook County Board shall be initially appointed for a term

11 ending on the 4th Monday in January, 2003; and the member

12 appointed by the Mayor of the City of Chicago shall be

13 initially appointed for a term ending on the 4th Monday in

14 January, 2004. Each subsequent member shall be appointed for a

15 term of 4 years, commencing on the 4th Monday in January. Upon

16 expiration of the term of office of any appointive member, the

17 member shall continue to serve until a successor shall be

18 appointed and qualified. In the case of a vacancy, a successor

19 shall be appointed by the applicable appointive authority to

20 serve for the unexpired portion of the term.

21  (c) Three members of the State Panel shall at all times

22 constitute a quorum. Two members of the Local Panel shall at

23 all times constitute a quorum. A vacancy on a panel does not

24 impair the right of the remaining members to exercise all of

25 the powers of that panel. Each panel shall adopt an official

26 seal which shall be judicially noticed. The salary of the
    SB2394 Enrolled             - 22 - LRB104 09208 AMC 19265 b

1 Chairman of the State Panel shall be $82,429 per year, or as

2 set by the Compensation Review Board, whichever is greater,

3 and that of the other members of the State and Local Panels

4 shall be $74,188 per year, or as set by the Compensation Review

5 Board, whichever is greater.

6   (d) Each member shall devote his or her entire time to the

7 duties of the office, and shall hold no other office or

8 position of profit, nor engage in any other business,

9 employment, or vocation. No member shall hold any other public

10 office or be employed as a labor or management representative

11 by the State or any political subdivision of the State or of

12 any department or agency thereof, or actively represent or act

13 on behalf of an employer or an employee organization or an

14 employer in labor relations matters. Any member of the State

15 Panel may be removed from office by the Governor for

16 inefficiency, neglect of duty, misconduct or malfeasance in

17 office, and for no other cause, and only upon notice and

18 hearing. Any member of the Local Panel may be removed from

19 office by the applicable appointive authority for

20 inefficiency, neglect of duty, misconduct or malfeasance in

21 office, and for no other cause, and only upon notice and

22 hearing.

23  (e) Each panel at the end of every State fiscal year shall

24 make a report in writing to the Governor and the General

25 Assembly, stating in detail the work it has done to carry out

26 the policy of the Act in hearing and deciding cases and
    SB2394 Enrolled           - 23 - LRB104 09208 AMC 19265 b

1 otherwise. Each panel's report shall include:

2   (1) the number of unfair labor practice charges filed

3   during the fiscal year;

4   (2) the number of unfair labor practice charges

5   resolved during the fiscal year;

6   (3) the total number of unfair labor charges pending

7   before the Board at the end of the fiscal year;

8   (4) the number of unfair labor charge cases at the end

9   of the fiscal year that have been pending before the Board

10  between 1 and 100 days, 101 and 150 days, 151 and 200 days,

11  201 and 250 days, 251 and 300 days, 301 and 350 days, 351

12  and 400 days, 401 and 450 days, 451 and 500 days, 501 and

13  550 days, 551 and 600 days, 601 and 650 days, 651 and 700

14  days, and over 701 days;

15  (5) the number of representation cases and unit

16  clarification cases filed during the fiscal year;

17  (6) the number of representation cases and unit

18  clarification cases resolved during the fiscal year;

19  (7) the total number of representation cases and unit

20  clarification cases pending before the Board at the end of

21  the fiscal year;

22  (8) the number of representation cases and unit

23  clarification cases at the end of the fiscal year that

24  have been pending before the Board between 1 and 120 days,

25  121 and 180 days, and over 180 days; and

26  (9) the Board's progress in meeting the timeliness
    SB2394 Enrolled         - 24 - LRB104 09208 AMC 19265 b

1   goals established pursuant to the criteria in subsection

2   (j) of Section 11 of this Act; the report shall include,

3   but is not limited to:

4   (A) the average number of days taken to complete

5   investigations and issue complaints, dismissals, or

6   deferrals;

7   (B) the average number of days taken for the Board

8   to issue decisions on appeals of dismissals or

9   deferrals;

10  (C) the average number of days taken to schedule a

11  hearing on complaints once issued;

12  (D) the average number of days taken to issue a

13  recommended decision and order once the record is

14  closed;

15  (E) the average number of days taken for the Board

16  to issue final decisions on recommended decisions when

17  where exceptions have been filed;

18  (F) the average number of days taken for the Board

19  to issue final decisions decision on recommended

20  decisions when no exceptions have been filed; and

21  (G) in cases where the Board was unable to meet the

22  timeliness goals established in subsection (j) of

23  Section 11, an explanation as to why the goal was not

24  met.

25  (f) In order to accomplish the objectives and carry out

26 the duties prescribed by this Act, a panel or its authorized
    SB2394 Enrolled    - 25 - LRB104 09208 AMC 19265 b

1 designees may hold elections to determine whether a labor

2 organization has majority status; investigate and attempt to

3 resolve or settle charges of unfair labor practices; hold

4 hearings in order to carry out its functions; develop and

5 effectuate appropriate impasse resolution procedures for

6 purposes of resolving labor disputes; require the appearance

7 of witnesses and the production of evidence on any matter

8 under inquiry; and administer oaths and affirmations. The

9 panels shall sign and report in full an opinion in every case

10 which they decide.

11  (g) Each panel may appoint or employ an executive

12 director, attorneys, hearing officers, mediators,

13 fact-finders, arbitrators, and such other employees as it may

14 deem necessary to perform its functions. The governing boards

15 shall prescribe the duties and qualifications of such persons

16 appointed and, subject to the annual appropriation, fix their

17 compensation and provide for reimbursement of actual and

18 necessary expenses incurred in the performance of their

19 duties. The Board shall employ a minimum of 16 attorneys and 6

20 investigators.

21  (h) Each panel shall exercise general supervision over all

22 attorneys which it employs and over the other persons employed

23 to provide necessary support services for such attorneys. The

24 panels shall have final authority in respect to complaints

25 brought pursuant to this Act.

26  (i) The following rules and regulations shall be adopted
    SB2394 Enrolled  - 26 - LRB104 09208 AMC 19265 b

1 by the panels meeting in joint session: (1) procedural rules

2 and regulations which shall govern all Board proceedings; (2)

3 procedures for election of exclusive bargaining

4 representatives pursuant to Section 9, except for the

5 determination of appropriate bargaining units; and (3)

6 appointment of counsel pursuant to subsection (k) of this

7 Section.

8   (j) Rules and regulations may be adopted, amended or

9 rescinded only upon a vote of 5 of the members of the State and

10 Local Panels meeting in joint session. The adoption,

11 amendment, or rescission of rules and regulations shall be in

12 conformity with the requirements of the Illinois

13 Administrative Procedure Act.

14  (k) The panels in joint session shall promulgate rules and

15 regulations providing for the appointment of attorneys or

16 other Board representatives to represent persons in unfair

17 labor practice proceedings before a panel. The regulations

18 governing appointment shall require the applicant to

19 demonstrate an inability to pay for or inability to otherwise

20 provide for adequate representation before a panel. Such rules

21 must also provide: (1) that an attorney may not be appointed in

22 cases which, in the opinion of a panel, are clearly without

23 merit; (2) the stage of the unfair labor proceeding at which

24 counsel will be appointed; and (3) the circumstances under

25 which a client will be allowed to select counsel.

26  (1) The panels in joint session may promulgate rules and
    SB2394 Enrolled           - 27 - LRB104 09208 AMC 19265 b

1 regulations which allow parties in proceedings before a panel

2 to be represented by counsel or any other representative of

3 the party's choice.

4   (m) The Chairman of the State Panel shall serve as

5 Chairman of a joint session of the panels. Attendance of at

6 least 2 members of the State Panel and at least one member of

7 the Local Panel, in addition to the Chairman, shall constitute

8 a quorum at a joint session. The panels shall meet in joint

9 session at least annually.

10 (Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)

11  (5 ILCS 315/15) (from Ch. 48, par. 1615)

12  (Text of Section WITHOUT the changes made by P.A. 98-599,

13 which has been held unconstitutional)

14  Sec. 15. Act takes precedence Takes Precedence.

15  (a) In case of any conflict between the provisions of this

16 Act and any other law (other than Section 5 of the State

17 Employees Group Insurance Act of 1971 and other than the

18 changes made to the Illinois Pension Code by Public Act 96-889

19 this amendatory Act of the 96th General Assembly), executive

20 order or administrative regulation relating to wages, hours

21 and conditions of employment and employment relations, the

22 provisions of this Act or any collective bargaining agreement

23 negotiated thereunder shall prevail and control. Nothing in

24 this Act shall be construed to replace or diminish the rights

25 of employees established by Sections 28 and 28a of the
    SB2394 Enrolled  - 28 - LRB104 09208 AMC 19265 b

1 Metropolitan Transit Authority Act, Sections 2.15 through 2.19

2 of the Regional Transportation Authority Act. The provisions

3 of this Act are subject to Section 5 of the State Employees

4 Group Insurance Act of 1971. Nothing in this Act shall be

5 construed to replace the necessity of complaints against a

6 sworn peace officer, as defined in Section 2(a) of the Uniform

7 Peace Officers' Officer Disciplinary Act, from having a

8 complaint supported by a sworn affidavit.

9   (b) Except as provided in subsection (a) above, any

10 collective bargaining contract between a public employer and a

11 labor organization executed pursuant to this Act shall

12 supersede any contrary statutes, charters, ordinances, rules

13 or regulations relating to wages, hours and conditions of

14 employment and employment relations adopted by the public

15 employer or its agents. Any collective bargaining agreement

16 entered into prior to the effective date of this Act shall

17 remain in full force during its duration.

18  (c) It is the public policy of this State, pursuant to

19 paragraphs (h) and (i) of Section 6 of Article VII of the

20 Illinois Constitution, that the provisions of this Act are the

21 exclusive exercise by the State of powers and functions which

22 might otherwise be exercised by home rule units. Such powers

23 and functions may not be exercised concurrently, either

24 directly or indirectly, by any unit of local government,

25 including any home rule unit, except as otherwise authorized

26 by this Act.
    SB2394 Enrolled  - 29 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;
2 revised 7-23-24.)

3   Section 30. The State Employees Group Insurance Act of

4 1971 is amended by changing Sections 3, 6.11, and 10 and by

5 setting forth and renumbering multiple versions of Section

6 6.11D as follows:

7   (5 ILCS 375/3) (from Ch. 127, par. 523)

8   Sec. 3. Definitions. Unless the context otherwise

9 requires, the following words and phrases as used in this Act

10 shall have the following meanings. The Department may define

11 these and other words and phrases separately for the purpose

12 of implementing specific programs providing benefits under

13 this Act.

14  (a) "Administrative service organization" means any

15 person, firm, or corporation experienced in the handling of

16 claims which is fully qualified, financially sound, and

17 capable of meeting the service requirements of a contract of

18 administration executed with the Department.

19  (b) "Annuitant" means (1) an employee who retires, or has

20 retired, on or after January 1, 1966 on an immediate annuity

21 under the provisions of Articles 2, 14 (including an employee

22 who has elected to receive an alternative retirement

23 cancellation payment under Section 14-108.5 of the Illinois

24 Pension Code in lieu of an annuity or who meets the criteria
SB2394 Enrolled  - 30 - LRB104 09208 AMC 19265 b

 1 for retirement, but in lieu of receiving an annuity under that
 2 Article has elected to receive an accelerated pension benefit
 3 payment under Section 14-147.5 of that Article), 15 (including
 4 an employee who has retired under the optional retirement
 5 program established under Section 15-158.2 or who meets the
 6 criteria for retirement but in lieu of receiving an annuity
 7 under that Article has elected to receive an accelerated
 8 pension benefit payment under Section 15-185.5 of the
 9 Article), paragraph (2), (3), or (5) of Section 16-106
10 (including an employee who meets the criteria for retirement,
11 but in lieu of receiving an annuity under that Article has
12 elected to receive an accelerated pension benefit payment
13 under Section 16-190.5 of the Illinois Pension Code), or
14 Article 18 of the Illinois Pension Code; (2) any person who was
15 receiving group insurance coverage under this Act as of March
16 31, 1978 by reason of his status as an annuitant, even though
17 the annuity in relation to which such coverage was provided is
18 a proportional annuity based on less than the minimum period
19 of service required for a retirement annuity in the system
20 involved; (3) any person not otherwise covered by this Act who
21 has retired as a participating member under Article 2 of the
22 Illinois Pension Code but is ineligible for the retirement
23 annuity under Section 2-119 of the Illinois Pension Code; (4)
24 the spouse of any person who is receiving a retirement annuity
25 under Article 18 of the Illinois Pension Code and who is
26 covered under a group health insurance program sponsored by a
    SB2394 Enrolled  - 31 - LRB104 09208 AMC 19265 b

1 governmental employer other than the State of Illinois and who

2 has irrevocably elected to waive his or her coverage under

3 this Act and to have his or her spouse considered as the

4 "annuitant" under this Act and not as a "dependent"; or (5) an

5 employee who retires, or has retired, from a qualified

6 position, as determined according to rules promulgated by the

7 Director, under a qualified local government, a qualified

8 rehabilitation facility, a qualified domestic violence shelter

9 or service, or a qualified child advocacy center. (For

10 definition of "retired employee", see subsection (p) post).

11  (b-5) (Blank).

12  (b-6) (Blank).

13  (b-7) (Blank).

14  (c) "Carrier" means (1) an insurance company, a

15 corporation organized under the Limited Health Service

16 Organization Act or the Voluntary Health Services Plans Act, a

17 partnership, or other nongovernmental organization, which is

18 authorized to do group life or group health insurance business

19 in Illinois, or (2) the State of Illinois as a self-insurer.

20  (d) "Compensation" means salary or wages payable on a

21 regular payroll by the State Treasurer on a warrant of the

22 State Comptroller out of any State, trust or federal fund, or

23 by the Governor of the State through a disbursing officer of

24 the State out of a trust or out of federal funds, or by any

25 Department out of State, trust, federal, or other funds held

26 by the State Treasurer or the Department, to any person for
    SB2394 Enrolled  - 32 - LRB104 09208 AMC 19265 b

1 personal services currently performed, and ordinary or

2 accidental disability benefits under Articles 2, 14, 15

3 (including ordinary or accidental disability benefits under

4 the optional retirement program established under Section

5 15-158.2), paragraph (2), (3), or (5) of Section 16-106, or

6 Article 18 of the Illinois Pension Code, for disability

7 incurred after January 1, 1966, or benefits payable under the

8 Workers' Compensation Act or the Workers' Occupational

9 Diseases Act or benefits payable under a sick pay plan

10 established in accordance with Section 36 of the State Finance

11 Act. "Compensation" also means salary or wages paid to an

12 employee of any qualified local government, qualified

13 rehabilitation facility, qualified domestic violence shelter

14 or service, or qualified child advocacy center.

15  (e) "Commission" means the State Employees Group Insurance

16 Advisory Commission authorized by this Act. Commencing July 1,

17 1984, "Commission" as used in this Act means the Commission on

18 Government Forecasting and Accountability as established by

19 the Legislative Commission Reorganization Act of 1984.

20  (f) "Contributory", when referred to as contributory

21 coverage, shall mean optional coverages or benefits elected by

22 the member toward the cost of which such member makes

23 contribution, or which are funded in whole or in part through

24 the acceptance of a reduction in earnings or the foregoing of

25 an increase in earnings by an employee, as distinguished from

26 noncontributory coverage or benefits which are paid entirely
    SB2394 Enrolled  - 33 - LRB104 09208 AMC 19265 b

1 by the State of Illinois without reduction of the member's

2 salary.

3   (g) "Department" means any department, institution, board,

4 commission, officer, court, or any agency of the State

5 government receiving appropriations and having power to

6 certify payrolls to the Comptroller authorizing payments of

7 salary and wages against such appropriations as are made by

8 the General Assembly from any State fund, or against trust

9 funds held by the State Treasurer and includes boards of

10 trustees of the retirement systems created by Articles 2, 14,

11 15, 16, and 18 of the Illinois Pension Code. "Department" also

12 includes the Illinois Comprehensive Health Insurance Board,

13 the Board of Examiners established under the Illinois Public

14 Accounting Act, and the Illinois Finance Authority.

15  (h) "Dependent", when the term is used in the context of

16 the health and life plan, means a member's spouse and any child

17 (1) from birth to age 26, including an adopted child, a child

18 who lives with the member from the time of the placement for

19 adoption until entry of an order of adoption, a stepchild or

20 adjudicated child, or a child who lives with the member if such

21 member is a court appointed guardian of the child or (2) age 19

22 or over who has a mental or physical disability from a cause

23 originating prior to the age of 19 (age 26 if enrolled as an

24 adult child dependent). For the health plan only, the term

25 "dependent" also includes (1) any person enrolled prior to the

26 effective date of this Section who is dependent upon the
    SB2394 Enrolled  - 34 - LRB104 09208 AMC 19265 b

1 member to the extent that the member may claim such person as a

2 dependent for income tax deduction purposes and (2) any person

3 who has received after June 30, 2000 an organ transplant and

4 who is financially dependent upon the member and eligible to

5 be claimed as a dependent for income tax purposes. A member

6 requesting to cover any dependent must provide documentation

7 as requested by the Department of Central Management Services

8 and file with the Department any and all forms required by the

9 Department.

10  (i) "Director" means the Director of the Illinois

11 Department of Central Management Services.

12  (j) "Eligibility period" means the period of time a member

13 has to elect enrollment in programs or to select benefits

14 without regard to age, sex, or health.

15  (k) "Employee" means and includes each officer or employee

16 in the service of a department who (1) receives his

17 compensation for service rendered to the department on a

18 warrant issued pursuant to a payroll certified by a department

19 or on a warrant or check issued and drawn by a department upon

20 a trust, federal or other fund or on a warrant issued pursuant

21 to a payroll certified by an elected or duly appointed officer

22 of the State or who receives payment of the performance of

23 personal services on a warrant issued pursuant to a payroll

24 certified by a Department and drawn by the Comptroller upon

25 the State Treasurer against appropriations made by the General

26 Assembly from any fund or against trust funds held by the State
SB2394 Enrolled  - 35 - LRB104 09208 AMC 19265 b

 1 Treasurer, and (2) is employed full-time or part-time in a
 2 position normally requiring actual performance of duty during
 3 not less than 1/2 of a normal work period, as established by
 4 the Director in cooperation with each department, except that
 5 persons elected by popular vote will be considered employees
 6 during the entire term for which they are elected regardless
 7 of hours devoted to the service of the State, and (3) except
 8 that "employee" does not include any person who is not
 9 eligible by reason of such person's employment to participate
10 in one of the State retirement systems under Articles 2, 14, 15
11 (either the regular Article 15 system or the optional
12 retirement program established under Section 15-158.2), or 18,
13 or under paragraph (2), (3), or (5) of Section 16-106, of the
14 Illinois Pension Code, but such term does include persons who
15 are employed during the 6-month qualifying period under
16 Article 14 of the Illinois Pension Code. Such term also
17 includes any person who (1) after January 1, 1966, is
18 receiving ordinary or accidental disability benefits under
19 Articles 2, 14, 15 (including ordinary or accidental
20 disability benefits under the optional retirement program
21 established under Section 15-158.2), paragraph (2), (3), or
22 (5) of Section 16-106, or Article 18 of the Illinois Pension
23 Code, for disability incurred after January 1, 1966, (2)
24 receives total permanent or total temporary disability under
25 the Workers' Compensation Act or the Workers' Occupational
26 Diseases Disease Act as a result of injuries sustained or
    SB2394 Enrolled  - 36 - LRB104 09208 AMC 19265 b

1 illness contracted in the course of employment with the State

2 of Illinois, or (3) is not otherwise covered under this Act and

3 has retired as a participating member under Article 2 of the

4 Illinois Pension Code but is ineligible for the retirement

5 annuity under Section 2-119 of the Illinois Pension Code.

6 However, a person who satisfies the criteria of the foregoing

7 definition of "employee" except that such person is made

8 ineligible to participate in the State Universities Retirement

9 System by clause (4) of subsection (a) of Section 15-107 of the

10 Illinois Pension Code is also an "employee" for the purposes

11 of this Act. "Employee" also includes any person receiving or

12 eligible for benefits under a sick pay plan established in

13 accordance with Section 36 of the State Finance Act.

14 "Employee" also includes (i) each officer or employee in the

15 service of a qualified local government, including persons

16 appointed as trustees of sanitary districts regardless of

17 hours devoted to the service of the sanitary district, (ii)

18 each employee in the service of a qualified rehabilitation

19 facility, (iii) each full-time employee in the service of a

20 qualified domestic violence shelter or service, and (iv) each

21 full-time employee in the service of a qualified child

22 advocacy center, as determined according to rules promulgated

23 by the Director.

24  (l) "Member" means an employee, annuitant, retired

25 employee, or survivor. In the case of an annuitant or retired

26 employee who first becomes an annuitant or retired employee on
    SB2394 Enrolled             - 37 - LRB104 09208 AMC 19265 b

1 or after January 13, 2012 (the effective date of Public Act

2 97-668), the individual must meet the minimum vesting

3 requirements of the applicable retirement system in order to

4 be eligible for group insurance benefits under that system. In

5 the case of a survivor who is not entitled to occupational

6 death benefits pursuant to an applicable retirement system or

7 death benefits pursuant to the Illinois Workers' Compensation

8 Act, and who first becomes a survivor on or after January 13,

9 2012 (the effective date of Public Act 97-668), the deceased

10 employee, annuitant, or retired employee upon whom the annuity

11 is based must have been eligible to participate in the group

12 insurance system under the applicable retirement system in

13 order for the survivor to be eligible for group insurance

14 benefits under that system.

15  In the case of a survivor who is entitled to occupational

16 death benefits pursuant to the deceased employee's applicable

17 retirement system or death benefits pursuant to the Illinois

18 Workers' Compensation Act, and first becomes a survivor on or

19 after January 1, 2022, the survivor is eligible for group

20 health insurance benefits regardless of the deceased

21 employee's minimum vesting requirements under the applicable

22 retirement system, with a State contribution rate of 100%,

23 until an unmarried child dependent reaches the age of 18, or

24 the age of 22 if the dependent child is a full-time student, or

25 until the adult survivor becomes eligible for benefits under

26 the federal Medicare health insurance program (Title XVIII of
    SB2394 Enrolled             - 38 - LRB104 09208 AMC 19265 b

1 the Social Security Act, as added by Public Law 89-97). In the

2 case of a survivor currently receiving occupational death

3 benefits pursuant to the deceased employee's applicable

4 retirement system or has received death benefits pursuant to

5 the Illinois Workers' Compensation Act, who first became a

6 survivor prior to January 1, 2022, the survivor is eligible

7 for group health insurance benefits regardless of the deceased

8 employee's minimum vesting requirements under the applicable

9 retirement system, with a State contribution rate of 100%,

10 until an unmarried child dependent reaches the age of 18, or

11 the age of 22 if the dependent child is a full-time student, or

12 until the adult survivor becomes eligible for benefits under

13 the federal Medicare health insurance program (Title XVIII of

14 the Social Security Act, as added by Public Law 89-97). The

15 changes made by Public Act 102-714 this amendatory Act of the

16 102nd General Assembly with respect to survivors who first

17 became survivors prior to January 1, 2022 shall apply upon

18 request of the survivor on or after April 29, 2022 (the

19 effective date of Public Act 102-714) this amendatory Act of

20 the 102nd General Assembly.

21  (m) "Optional coverages or benefits" means those coverages

22 or benefits available to the member on his or her voluntary

23 election, and at his or her own expense.

24  (n) "Program" means the group life insurance, health

25 benefits, and other employee benefits designed and contracted

26 for by the Director under this Act.
    SB2394 Enrolled        - 39 - LRB104 09208 AMC 19265 b

1   (o) "Health plan" means a health benefits program offered

2 by the State of Illinois for persons eligible for the plan.

3   (p) "Retired employee" means any person who would be an

4 annuitant as that term is defined herein but for the fact that

5 such person retired prior to January 1, 1966. Such term also

6 includes any person formerly employed by the University of

7 Illinois in the Cooperative Extension Service who would be an

8 annuitant but for the fact that such person was made

9 ineligible to participate in the State Universities Retirement

10 System by clause (4) of subsection (a) of Section 15-107 of the

11 Illinois Pension Code.

12  (q) "Survivor" means a person receiving an annuity as a

13 survivor of an employee or of an annuitant. "Survivor" also

14 includes: (1) the surviving dependent of a person who

15 satisfies the definition of "employee" except that such person

16 is made ineligible to participate in the State Universities

17 Retirement System by clause (4) of subsection (a) of Section

18 15-107 of the Illinois Pension Code; (2) the surviving

19 dependent of any person formerly employed by the University of

20 Illinois in the Cooperative Extension Service who would be an

21 annuitant except for the fact that such person was made

22 ineligible to participate in the State Universities Retirement

23 System by clause (4) of subsection (a) of Section 15-107 of the

24 Illinois Pension Code; (3) the surviving dependent of a person

25 who was an annuitant under this Act by virtue of receiving an

26 alternative retirement cancellation payment under Section
    SB2394 Enrolled  - 40 - LRB104 09208 AMC 19265 b

1 14-108.5 of the Illinois Pension Code; and (4) a person who

2 would be receiving an annuity as a survivor of an annuitant

3 except that the annuitant elected on or after June 4, 2018 to

4 receive an accelerated pension benefit payment under Section

5 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code

6 in lieu of receiving an annuity.

7   (q-2) "SERS" means the State Employees' Retirement System

8 of Illinois, created under Article 14 of the Illinois Pension

9 Code.

10  (q-3) "SURS" means the State Universities Retirement

11 System, created under Article 15 of the Illinois Pension Code.

12  (q-4) "TRS" means the Teachers' Retirement System of the

13 State of Illinois, created under Article 16 of the Illinois

14 Pension Code.

15  (q-5) (Blank).

16  (q-6) (Blank).

17  (q-7) (Blank).

18  (r) "Medical services" means the services provided within

19 the scope of their licenses by practitioners in all categories

20 licensed under the Medical Practice Act of 1987.

21  (s) "Unit of local government" means any county,

22 municipality, township, school district (including a

23 combination of school districts under the Intergovernmental

24 Cooperation Act), special district or other unit, designated

25 as a unit of local government by law, which exercises limited

26 governmental powers or powers in respect to limited
    SB2394 Enrolled  - 41 - LRB104 09208 AMC 19265 b

1 governmental subjects, any not-for-profit association with a

2 membership that primarily includes townships and township

3 officials, that has duties that include provision of research

4 service, dissemination of information, and other acts for the

5 purpose of improving township government, and that is funded

6 wholly or partly in accordance with Section 85-15 of the

7 Township Code; any not-for-profit corporation or association,

8 with a membership consisting primarily of municipalities, that

9 operates its own utility system, and provides research,

10 training, dissemination of information, or other acts to

11 promote cooperation between and among municipalities that

12 provide utility services and for the advancement of the goals

13 and purposes of its membership; the Southern Illinois

14 Collegiate Common Market, which is a consortium of higher

15 education institutions in Southern Illinois; the Illinois

16 Association of Park Districts; and any hospital provider that

17 is owned by a county that has 100 or fewer hospital beds and

18 has not already joined the program. "Qualified local

19 government" means a unit of local government approved by the

20 Director and participating in a program created under

21 subsection (i) of Section 10 of this Act.

22  (t) "Qualified rehabilitation facility" means any

23 not-for-profit organization that is accredited by the

24 Commission on Accreditation of Rehabilitation Facilities or

25 certified by the Department of Human Services (as successor to

26 the Department of Mental Health and Developmental
    SB2394 Enrolled        - 42 - LRB104 09208 AMC 19265 b

1 Disabilities) to provide services to persons with disabilities

2 and which receives funds from the State of Illinois for

3 providing those services, approved by the Director and

4 participating in a program created under subsection (j) of

5 Section 10 of this Act.

6   (u) "Qualified domestic violence shelter or service" means

7 any Illinois domestic violence shelter or service and its

8 administrative offices funded by the Department of Human

9 Services (as successor to the Illinois Department of Public

10 Aid), approved by the Director and participating in a program

11 created under subsection (k) of Section 10.

12  (v) "TRS benefit recipient" means a person who:

13  (1) is not a "member" as defined in this Section; and

14  (2) is receiving a monthly benefit or retirement

15  annuity under Article 16 of the Illinois Pension Code or

16  would be receiving such monthly benefit or retirement

17  annuity except that the benefit recipient elected on or

18  after June 4, 2018 to receive an accelerated pension

19  benefit payment under Section 16-190.5 of the Illinois

20  Pension Code in lieu of receiving an annuity; and

21  (3) either (i) has at least 8 years of creditable

22  service under Article 16 of the Illinois Pension Code, or

23  (ii) was enrolled in the health insurance program offered

24  under that Article on January 1, 1996, or (iii) is the

25  survivor of a benefit recipient who had at least 8 years of

26  creditable service under Article 16 of the Illinois
    SB2394 Enrolled    - 43 - LRB104 09208 AMC 19265 b

1   Pension Code or was enrolled in the health insurance

2   program offered under that Article on June 21, 1995 (the

3   effective date of Public Act 89-25), or (iv) is a

4   recipient or survivor of a recipient of a disability

5   benefit under Article 16 of the Illinois Pension Code.

6   (w) "TRS dependent beneficiary" means a person who:

7   (1) is not a "member" or "dependent" as defined in

8   this Section; and

9   (2) is a TRS benefit recipient's: (A) spouse, (B)

10  dependent parent who is receiving at least half of his or

11  her support from the TRS benefit recipient, or (C)

12  natural, step, adjudicated, or adopted child who is (i)

13  under age 26, (ii) was, on January 1, 1996, participating

14  as a dependent beneficiary in the health insurance program

15  offered under Article 16 of the Illinois Pension Code, or

16  (iii) age 19 or over who has a mental or physical

17  disability from a cause originating prior to the age of 19

18  (age 26 if enrolled as an adult child).

19  "TRS dependent beneficiary" does not include, as indicated

20 under paragraph (2) of this subsection (w), a dependent of the

21 survivor of a TRS benefit recipient who first becomes a

22 dependent of a survivor of a TRS benefit recipient on or after

23 January 13, 2012 (the effective date of Public Act 97-668)

24 unless that dependent would have been eligible for coverage as

25 a dependent of the deceased TRS benefit recipient upon whom

26 the survivor benefit is based.
    SB2394 Enrolled  - 44 - LRB104 09208 AMC 19265 b

1   (x) "Military leave" refers to individuals in basic

2 training for reserves, special/advanced training, annual

3 training, emergency call up, activation by the President of

4 the United States, or any other training or duty in service to

5 the United States Armed Forces.

6   (y) (Blank).

7   (z) "Community college benefit recipient" means a person

8 who:

9       (1) is not a "member" as defined in this Section; and

10      (2) is receiving a monthly survivor's annuity or

11  retirement annuity under Article 15 of the Illinois

12  Pension Code or would be receiving such monthly survivor's

13  annuity or retirement annuity except that the benefit

14  recipient elected on or after June 4, 2018 to receive an

15  accelerated pension benefit payment under Section 15-185.5

16  of the Illinois Pension Code in lieu of receiving an

17  annuity; and

18      (3) either (i) was a full-time employee of a community

19  college district or an association of community college

20  boards created under the Public Community College Act

21  (other than an employee whose last employer under Article

22  15 of the Illinois Pension Code was a community college

23  district subject to Article VII of the Public Community

24  College Act) and was eligible to participate in a group

25  health benefit plan as an employee during the time of

26  employment with a community college district (other than a
    SB2394 Enrolled    - 45 - LRB104 09208 AMC 19265 b

1   community college district subject to Article VII of the

2   Public Community College Act) or an association of

3   community college boards, or (ii) is the survivor of a

4   person described in item (i).

5   (aa) "Community college dependent beneficiary" means a

6 person who:

7   (1) is not a "member" or "dependent" as defined in

8   this Section; and

9   (2) is a community college benefit recipient's: (A)

10  spouse, (B) dependent parent who is receiving at least

11  half of his or her support from the community college

12  benefit recipient, or (C) natural, step, adjudicated, or

13  adopted child who is (i) under age 26, or (ii) age 19 or

14  over and has a mental or physical disability from a cause

15  originating prior to the age of 19 (age 26 if enrolled as

16  an adult child).

17  "Community college dependent beneficiary" does not

18 include, as indicated under paragraph (2) of this subsection

19 (aa), a dependent of the survivor of a community college

20 benefit recipient who first becomes a dependent of a survivor

21 of a community college benefit recipient on or after January

22 13, 2012 (the effective date of Public Act 97-668) unless that

23 dependent would have been eligible for coverage as a dependent

24 of the deceased community college benefit recipient upon whom

25 the survivor annuity is based.

26  (bb) "Qualified child advocacy center" means any Illinois
    SB2394 Enrolled    - 46 - LRB104 09208 AMC 19265 b

1 child advocacy center and its administrative offices funded by

2 the Department of Children and Family Services, as defined by

3 the Children's Advocacy Center Act (55 ILCS 80/), approved by

4 the Director and participating in a program created under

5 subsection (n) of Section 10.

6   (cc) "Placement for adoption" means the assumption and

7 retention by a member of a legal obligation for total or

8 partial support of a child in anticipation of adoption of the

9 child. The child's placement with the member terminates upon

10 the termination of such legal obligation.

11 (Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21;

12 102-714, eff. 4-29-22; 102-813, eff 5-13-22; revised 7-23-24.)

13  (5 ILCS 375/6.11)

14  Sec. 6.11. Required health benefits; Illinois Insurance

15 Code requirements. The program of health benefits shall

16 provide the post-mastectomy care benefits required to be

17 covered by a policy of accident and health insurance under

18 Section 356t of the Illinois Insurance Code. The program of

19 health benefits shall provide the coverage required under

20 Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10,

21 356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,

22 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

23 356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,

24 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,

25 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59,
    SB2394 Enrolled      - 47 - LRB104 09208 AMC 19265 b

1 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and

2 356z.70, and 356z.71, 356z.74, 356z.76, and 356z.77 of the

3 Illinois Insurance Code. The program of health benefits must

4 comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and

5 370c.1 and Article XXXIIB of the Illinois Insurance Code. The

6 program of health benefits shall provide the coverage required

7 under Section 356m of the Illinois Insurance Code and, for the

8 employees of the State Employee Group Insurance Program only,

9 the coverage as also provided in Section 6.11B of this Act. The

10 Department of Insurance shall enforce the requirements of this

11 Section with respect to Sections 370c and 370c.1 of the

12 Illinois Insurance Code; all other requirements of this

13 Section shall be enforced by the Department of Central

14 Management Services.

15  Rulemaking authority to implement Public Act 95-1045, if

16 any, is conditioned on the rules being adopted in accordance

17 with all provisions of the Illinois Administrative Procedure

18 Act and all rules and procedures of the Joint Committee on

19 Administrative Rules; any purported rule not so adopted, for

20 whatever reason, is unauthorized.

21 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

22 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.

23 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,

24 eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

25 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

26 1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
    SB2394 Enrolled     - 48 - LRB104 09208 AMC 19265 b

1 eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
2 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
3 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751,
4 eff. 8-2-24; 103-870, eff. 1-1-25; 103-914, eff. 1-1-25;
5 103-918, eff. 1-1-25; 103-951, eff. 1-1-25; 103-1024, eff.
6 1-1-25; revised 11-26-24.)

7   (5 ILCS 375/6.11D)

8   Sec. 6.11D. Joint mental health therapy services.

9   (a) The State Employees Group Insurance Program shall

10 provide coverage for joint mental health therapy services for

11 any Illinois State Police officer or police officer of an

12 institution of higher education and any spouse or partner of

13 the officer who resides with the officer.

14  (b) The joint mental health therapy services provided

15 under subsection (a) shall be performed by a physician

16 licensed to practice medicine in all of its branches, a

17 licensed clinical psychologist, a licensed clinical social

18 worker, a licensed clinical professional counselor, a licensed

19 marriage and family therapist, a licensed social worker, or a

20 licensed professional counselor.

21 (Source: P.A. 103-818, eff. 1-1-25.)

22  (5 ILCS 375/6.11E)

23  Sec. 6.11E 6.11D. Coverage for treatments to slow the

24 progression of Alzheimer's disease and related dementias.
    SB2394 Enrolled  - 49 - LRB104 09208 AMC 19265 b

 1 Beginning on July 1, 2025, the State Employees Group Insurance
 2 Program shall provide coverage for all medically necessary
 3 FDA-approved treatments or medications prescribed to slow the
 4 progression of Alzheimer's disease or another related
 5 dementia, as determined by a physician licensed to practice
 6 medicine in all its branches. Coverage for all FDA-approved
 7 treatments or medications prescribed to slow the progression
 8 of Alzheimer's disease or another related dementia shall not
 9 be subject to step therapy. Any diagnostic testing necessary
10 for a physician to determine appropriate use of these
11 treatments or medications shall be covered by the State
12 Employees Group Insurance Program.
13 (Source: P.A. 103-975, eff. 1-1-25; revised 12-1-24.)

14  (5 ILCS 375/10) (from Ch. 127, par. 530)

15  Sec. 10. Contributions by the State and members.

16  (a) The State shall pay the cost of basic non-contributory

17 group life insurance and, subject to member paid contributions

18 set by the Department or required by this Section and except as

19 provided in this Section, the basic program of group health

20 benefits on each eligible member, except a member, not

21 otherwise covered by this Act, who has retired as a

22 participating member under Article 2 of the Illinois Pension

23 Code but is ineligible for the retirement annuity under

24 Section 2-119 of the Illinois Pension Code, and part of each

25 eligible member's and retired member's premiums for health
    SB2394 Enrolled  - 50 - LRB104 09208 AMC 19265 b

1 insurance coverage for enrolled dependents as provided by

2 Section 9. The State shall pay the cost of the basic program of

3 group health benefits only after benefits are reduced by the

4 amount of benefits covered by Medicare for all members and

5 dependents who are eligible for benefits under Social Security

6 or the Railroad Retirement system or who had sufficient

7 Medicare-covered government employment, except that such

8 reduction in benefits shall apply only to those members and

9 dependents who (1) first become eligible for such Medicare

10 coverage on or after July 1, 1992; or (2) are

11 Medicare-eligible members or dependents of a local government

12 unit which began participation in the program on or after July

13 1, 1992; or (3) remain eligible for, but no longer receive

14 Medicare coverage which they had been receiving on or after

15 July 1, 1992. The Department may determine the aggregate level

16 of the State's contribution on the basis of actual cost of

17 medical services adjusted for age, sex or geographic or other

18 demographic characteristics which affect the costs of such

19 programs.

20  The cost of participation in the basic program of group

21 health benefits for the dependent or survivor of a living or

22 deceased retired employee who was formerly employed by the

23 University of Illinois in the Cooperative Extension Service

24 and would be an annuitant but for the fact that he or she was

25 made ineligible to participate in the State Universities

26 Retirement System by clause (4) of subsection (a) of Section
    SB2394 Enrolled   - 51 - LRB104 09208 AMC 19265 b

1 15-107 of the Illinois Pension Code shall not be greater than

2 the cost of participation that would otherwise apply to that

3 dependent or survivor if he or she were the dependent or

4 survivor of an annuitant under the State Universities

5 Retirement System.

6   (a-1) (Blank).

7   (a-2) (Blank).

8   (a-3) (Blank).

9   (a-4) (Blank).

10  (a-5) (Blank).

11  (a-6) (Blank).

12  (a-7) (Blank).

13  (a-8) Any annuitant, survivor, or retired employee may

14 waive or terminate coverage in the program of group health

15 benefits. Any such annuitant, survivor, or retired employee

16 who has waived or terminated coverage may enroll or re-enroll

17 in the program of group health benefits only during the annual

18 benefit choice period, as determined by the Director; except

19 that in the event of termination of coverage due to nonpayment

20 of premiums, the annuitant, survivor, or retired employee may

21 not re-enroll in the program.

22  (a-8.5) Beginning on July 1, 2012 (the effective date of

23 Public Act 97-695) this amendatory Act of the 97th General

24 Assembly, the Director of Central Management Services shall,

25 on an annual basis, determine the amount that the State shall

26 contribute toward the basic program of group health benefits
    SB2394 Enrolled  - 52 - LRB104 09208 AMC 19265 b

1 on behalf of annuitants (including individuals who (i)

2 participated in the General Assembly Retirement System, the

3 State Employees' Retirement System of Illinois, the State

4 Universities Retirement System, the Teachers' Retirement

5 System of the State of Illinois, or the Judges Retirement

6 System of Illinois and (ii) qualify as annuitants under

7 subsection (b) of Section 3 of this Act), survivors (including

8 individuals who (i) receive an annuity as a survivor of an

9 individual who participated in the General Assembly Retirement

10 System, the State Employees' Retirement System of Illinois,

11 the State Universities Retirement System, the Teachers'

12 Retirement System of the State of Illinois, or the Judges

13 Retirement System of Illinois and (ii) qualify as survivors

14 under subsection (q) of Section 3 of this Act), and retired

15 employees (as defined in subsection (p) of Section 3 of this

16 Act). The remainder of the cost of coverage for each

17 annuitant, survivor, or retired employee, as determined by the

18 Director of Central Management Services, shall be the

19 responsibility of that annuitant, survivor, or retired

20 employee.

21  Contributions required of annuitants, survivors, and

22 retired employees shall be the same for all retirement systems

23 and shall also be based on whether an individual has made an

24 election under Section 15-135.1 of the Illinois Pension Code.

25 Contributions may be based on annuitants', survivors', or

26 retired employees' Medicare eligibility, but may not be based
    SB2394 Enrolled  - 53 - LRB104 09208 AMC 19265 b

1 on Social Security eligibility.

2   (a-9) No later than May 1 of each calendar year, the

3 Director of Central Management Services shall certify in

4 writing to the Executive Secretary of the State Employees'

5 Retirement System of Illinois the amounts of the Medicare

6 supplement health care premiums and the amounts of the health

7 care premiums for all other retirees who are not Medicare

8 eligible.

9   A separate calculation of the premiums based upon the

10 actual cost of each health care plan shall be so certified.

11  The Director of Central Management Services shall provide

12 to the Executive Secretary of the State Employees' Retirement

13 System of Illinois such information, statistics, and other

14 data as he or she may require to review the premium amounts

15 certified by the Director of Central Management Services.

16  The Department of Central Management Services, or any

17 successor agency designated to procure health care healthcare

18 contracts pursuant to this Act, is authorized to establish

19 funds, separate accounts provided by any bank or banks as

20 defined by the Illinois Banking Act, or separate accounts

21 provided by any savings and loan association or associations

22 as defined by the Illinois Savings and Loan Act of 1985 to be

23 held by the Director, outside the State treasury, for the

24 purpose of receiving the transfer of moneys from the Local

25 Government Health Insurance Reserve Fund. The Department may

26 promulgate rules further defining the methodology for the
    SB2394 Enrolled  - 54 - LRB104 09208 AMC 19265 b

1 transfers. Any interest earned by moneys in the funds or

2 accounts shall inure to the Local Government Health Insurance

3 Reserve Fund. The transferred moneys, and interest accrued

4 thereon, shall be used exclusively for transfers to

5 administrative service organizations or their financial

6 institutions for payments of claims to claimants and providers

7 under the self-insurance health plan. The transferred moneys,

8 and interest accrued thereon, shall not be used for any other

9 purpose including, but not limited to, reimbursement of

10 administration fees due the administrative service

11 organization pursuant to its contract or contracts with the

12 Department.

13  (a-10) To the extent that participation, benefits, or

14 premiums under this Act are based on a person's service credit

15 under an Article of the Illinois Pension Code, service credit

16 terminated in exchange for an accelerated pension benefit

17 payment under Section 14-147.5, 15-185.5, or 16-190.5 of that

18 Code shall be included in determining a person's service

19 credit for the purposes of this Act.

20  (b) State employees who become eligible for this program

21 on or after January 1, 1980 in positions normally requiring

22 actual performance of duty not less than 1/2 of a normal work

23 period but not equal to that of a normal work period, shall be

24 given the option of participating in the available program. If

25 the employee elects coverage, the State shall contribute on

26 behalf of such employee to the cost of the employee's benefit
    SB2394 Enrolled  - 55 - LRB104 09208 AMC 19265 b

1 and any applicable dependent supplement, that sum which bears

2 the same percentage as that percentage of time the employee

3 regularly works when compared to normal work period.

4   (c) The basic non-contributory coverage from the basic

5 program of group health benefits shall be continued for each

6 employee not in pay status or on active service by reason of

7 (1) leave of absence due to illness or injury, (2) authorized

8 educational leave of absence or sabbatical leave, or (3)

9 military leave. This coverage shall continue until expiration

10 of authorized leave and return to active service, but not to

11 exceed 24 months for leaves under item (1) or (2). This

12 24-month limitation and the requirement of returning to active

13 service shall not apply to persons receiving ordinary or

14 accidental disability benefits or retirement benefits through

15 the appropriate State retirement system or benefits under the

16 Workers' Compensation Act or the Workers' Occupational

17 Diseases Occupational Disease Act.

18  (d) The basic group life insurance coverage shall

19 continue, with full State contribution, where such person is

20 (1) absent from active service by reason of disability arising

21 from any cause other than self-inflicted, (2) on authorized

22 educational leave of absence or sabbatical leave, or (3) on

23 military leave.

24  (e) Where the person is in non-pay status for a period in

25 excess of 30 days or on leave of absence, other than by reason

26 of disability, educational or sabbatical leave, or military
    SB2394 Enrolled  - 56 - LRB104 09208 AMC 19265 b

1 leave, such person may continue coverage only by making

2 personal payment equal to the amount normally contributed by

3 the State on such person's behalf. Such payments and coverage

4 may be continued: (1) until such time as the person returns to

5 a status eligible for coverage at State expense, but not to

6 exceed 24 months or (2) until such person's employment or

7 annuitant status with the State is terminated (exclusive of

8 any additional service imposed pursuant to law).

9   (f) The Department shall establish by rule the extent to

10 which other employee benefits will continue for persons in

11 non-pay status or who are not in active service.

12  (g) The State shall not pay the cost of the basic

13 non-contributory group life insurance, program of health

14 benefits and other employee benefits for members who are

15 survivors as defined by paragraphs (1) and (2) of subsection

16 (q) of Section 3 of this Act. The costs of benefits for these

17 survivors shall be paid by the survivors or by the University

18 of Illinois Cooperative Extension Service, or any combination

19 thereof. However, the State shall pay the amount of the

20 reduction in the cost of participation, if any, resulting from

21 the amendment to subsection (a) made by Public Act 91-617 this

22 amendatory Act of the 91st General Assembly.

23  (h) Those persons occupying positions with any department

24 as a result of emergency appointments pursuant to Section 8b.8

25 of the Personnel Code who are not considered employees under

26 this Act shall be given the option of participating in the
   SB2394 Enrolled  - 57 - LRB104 09208 AMC 19265 b

1 programs of group life insurance, health benefits and other

2 employee benefits. Such persons electing coverage may

3 participate only by making payment equal to the amount

4 normally contributed by the State for similarly situated

5 employees. Such amounts shall be determined by the Director.

6 Such payments and coverage may be continued until such time as

7 the person becomes an employee pursuant to this Act or such

8 person's appointment is terminated.

9  (i) Any unit of local government within the State of

10 Illinois may apply to the Director to have its employees,

11 annuitants, and their dependents provided group health

12 coverage under this Act on a non-insured basis. To

13 participate, a unit of local government must agree to enroll

14 all of its employees, who may select coverage under any group

15 health benefits plan made available by the Department under

16 the health benefits program established under this Section or

17 a health maintenance organization that has contracted with the

18 State to be available as a health care provider for employees

19 as defined in this Act. A unit of local government must remit

20 the entire cost of providing coverage under the health

21 benefits program established under this Section or, for

22 coverage under a health maintenance organization, an amount

23 determined by the Director based on an analysis of the sex,

24 age, geographic location, or other relevant demographic

25 variables for its employees, except that the unit of local

26 government shall not be required to enroll those of its
    SB2394 Enrolled  - 58 - LRB104 09208 AMC 19265 b

1 employees who are covered spouses or dependents under the

2 State group health benefits plan or another group policy or

3 plan providing health benefits as long as (1) an appropriate

4 official from the unit of local government attests that each

5 employee not enrolled is a covered spouse or dependent under

6 this plan or another group policy or plan, and (2) at least 50%

7 of the employees are enrolled and the unit of local government

8 remits the entire cost of providing coverage to those

9 employees, except that a participating school district must

10 have enrolled at least 50% of its full-time employees who have

11 not waived coverage under the district's group health plan by

12 participating in a component of the district's cafeteria plan.

13 A participating school district is not required to enroll a

14 full-time employee who has waived coverage under the

15 district's health plan, provided that an appropriate official

16 from the participating school district attests that the

17 full-time employee has waived coverage by participating in a

18 component of the district's cafeteria plan. For the purposes

19 of this subsection, "participating school district" includes a

20 unit of local government whose primary purpose is education as

21 defined by the Department's rules.

22  Employees of a participating unit of local government who

23 are not enrolled due to coverage under another group health

24 policy or plan may enroll in the event of a qualifying change

25 in status, special enrollment, special circumstance as defined

26 by the Director, or during the annual benefit choice period
    SB2394 Enrolled  - 59 - LRB104 09208 AMC 19265 b

1 Benefit Choice Period. A participating unit of local

2 government may also elect to cover its annuitants. Dependent

3 coverage shall be offered on an optional basis, with the costs

4 paid by the unit of local government, its employees, or some

5 combination of the two as determined by the unit of local

6 government. The unit of local government shall be responsible

7 for timely collection and transmission of dependent premiums.

8   The Director shall annually determine monthly rates of

9 payment, subject to the following constraints:

10  (1) In the first year of coverage, the rates shall be

11  equal to the amount normally charged to State employees

12  for elected optional coverages or for enrolled dependents

13  coverages or other contributory coverages, or contributed

14  by the State for basic insurance coverages on behalf of

15  its employees, adjusted for differences between State

16  employees and employees of the local government in age,

17  sex, geographic location or other relevant demographic

18  variables, plus an amount sufficient to pay for the

19  additional administrative costs of providing coverage to

20  employees of the unit of local government and their

21  dependents.

22  (2) In subsequent years, a further adjustment shall be

23  made to reflect the actual prior years' claims experience

24  of the employees of the unit of local government.

25  In the case of coverage of local government employees

26 under a health maintenance organization, the Director shall
    SB2394 Enrolled  - 60 - LRB104 09208 AMC 19265 b

1 annually determine for each participating unit of local

2 government the maximum monthly amount the unit may contribute

3 toward that coverage, based on an analysis of (i) the age, sex,

4 geographic location, and other relevant demographic variables

5 of the unit's employees and (ii) the cost to cover those

6 employees under the State group health benefits plan. The

7 Director may similarly determine the maximum monthly amount

8 each unit of local government may contribute toward coverage

9 of its employees' dependents under a health maintenance

10 organization.

11  Monthly payments by the unit of local government or its

12 employees for group health benefits plan or health maintenance

13 organization coverage shall be deposited into in the Local

14 Government Health Insurance Reserve Fund.

15  The Local Government Health Insurance Reserve Fund is

16 hereby created as a nonappropriated trust fund to be held

17 outside the State treasury Treasury, with the State Treasurer

18 as custodian. The Local Government Health Insurance Reserve

19 Fund shall be a continuing fund not subject to fiscal year

20 limitations. The Local Government Health Insurance Reserve

21 Fund is not subject to administrative charges or charge-backs,

22 including, but not limited to, those authorized under Section

23 8h of the State Finance Act. All revenues arising from the

24 administration of the health benefits program established

25 under this Section shall be deposited into the Local

26 Government Health Insurance Reserve Fund. Any interest earned
    SB2394 Enrolled  - 61 - LRB104 09208 AMC 19265 b

1 on moneys in the Local Government Health Insurance Reserve

2 Fund shall be deposited into the Fund. All expenditures from

3 this Fund shall be used for payments for health care benefits

4 for local government and rehabilitation facility employees,

5 annuitants, and dependents, and to reimburse the Department or

6 its administrative service organization for all expenses

7 incurred in the administration of benefits. No other State

8 funds may be used for these purposes.

9   A local government employer's participation or desire to

10 participate in a program created under this subsection shall

11 not limit that employer's duty to bargain with the

12 representative of any collective bargaining unit of its

13 employees.

14  (j) Any rehabilitation facility within the State of

15 Illinois may apply to the Director to have its employees,

16 annuitants, and their eligible dependents provided group

17 health coverage under this Act on a non-insured basis. To

18 participate, a rehabilitation facility must agree to enroll

19 all of its employees and remit the entire cost of providing

20 such coverage for its employees, except that the

21 rehabilitation facility shall not be required to enroll those

22 of its employees who are covered spouses or dependents under

23 this plan or another group policy or plan providing health

24 benefits as long as (1) an appropriate official from the

25 rehabilitation facility attests that each employee not

26 enrolled is a covered spouse or dependent under this plan or
    SB2394 Enrolled  - 62 - LRB104 09208 AMC 19265 b

1 another group policy or plan, and (2) at least 50% of the

2 employees are enrolled and the rehabilitation facility remits

3 the entire cost of providing coverage to those employees.

4 Employees of a participating rehabilitation facility who are

5 not enrolled due to coverage under another group health policy

6 or plan may enroll in the event of a qualifying change in

7 status, special enrollment, special circumstance as defined by

8 the Director, or during the annual benefit choice period

9 Benefit Choice Period. A participating rehabilitation facility

10 may also elect to cover its annuitants. Dependent coverage

11 shall be offered on an optional basis, with the costs paid by

12 the rehabilitation facility, its employees, or some

13 combination of the 2 as determined by the rehabilitation

14 facility. The rehabilitation facility shall be responsible for

15 timely collection and transmission of dependent premiums.

16  The Director shall annually determine quarterly rates of

17 payment, subject to the following constraints:

18  (1) In the first year of coverage, the rates shall be

19  equal to the amount normally charged to State employees

20  for elected optional coverages or for enrolled dependents

21  coverages or other contributory coverages on behalf of its

22  employees, adjusted for differences between State

23  employees and employees of the rehabilitation facility in

24  age, sex, geographic location or other relevant

25  demographic variables, plus an amount sufficient to pay

26  for the additional administrative costs of providing
   SB2394 Enrolled    - 63 - LRB104 09208 AMC 19265 b

1  coverage to employees of the rehabilitation facility and

2  their dependents.

3  (2) In subsequent years, a further adjustment shall be

4  made to reflect the actual prior years' claims experience

5  of the employees of the rehabilitation facility.

6  Monthly payments by the rehabilitation facility or its

7 employees for group health benefits shall be deposited into in

8 the Local Government Health Insurance Reserve Fund.

9  (k) Any domestic violence shelter or service within the

10 State of Illinois may apply to the Director to have its

11 employees, annuitants, and their dependents provided group

12 health coverage under this Act on a non-insured basis. To

13 participate, a domestic violence shelter or service must agree

14 to enroll all of its employees and pay the entire cost of

15 providing such coverage for its employees. The domestic

16 violence shelter shall not be required to enroll those of its

17 employees who are covered spouses or dependents under this

18 plan or another group policy or plan providing health benefits

19 as long as (1) an appropriate official from the domestic

20 violence shelter attests that each employee not enrolled is a

21 covered spouse or dependent under this plan or another group

22 policy or plan and (2) at least 50% of the employees are

23 enrolled and the domestic violence shelter remits the entire

24 cost of providing coverage to those employees. Employees of a

25 participating domestic violence shelter who are not enrolled

26 due to coverage under another group health policy or plan may
    SB2394 Enrolled     - 64 - LRB104 09208 AMC 19265 b

1 enroll in the event of a qualifying change in status, special

2 enrollment, or special circumstance as defined by the Director

3 or during the annual benefit choice period Benefit Choice

4 Period. A participating domestic violence shelter may also

5 elect to cover its annuitants. Dependent coverage shall be

6 offered on an optional basis, with employees, or some

7 combination of the 2 as determined by the domestic violence

8 shelter or service. The domestic violence shelter or service

9 shall be responsible for timely collection and transmission of

10 dependent premiums.

11  The Director shall annually determine rates of payment,

12 subject to the following constraints:

13  (1) In the first year of coverage, the rates shall be

14  equal to the amount normally charged to State employees

15  for elected optional coverages or for enrolled dependents

16  coverages or other contributory coverages on behalf of its

17  employees, adjusted for differences between State

18  employees and employees of the domestic violence shelter

19  or service in age, sex, geographic location or other

20  relevant demographic variables, plus an amount sufficient

21  to pay for the additional administrative costs of

22  providing coverage to employees of the domestic violence

23  shelter or service and their dependents.

24  (2) In subsequent years, a further adjustment shall be

25  made to reflect the actual prior years' claims experience

26  of the employees of the domestic violence shelter or
    SB2394 Enrolled  - 65 - LRB104 09208 AMC 19265 b

1   service.

2   Monthly payments by the domestic violence shelter or

3 service or its employees for group health insurance shall be

4 deposited into in the Local Government Health Insurance

5 Reserve Fund.

6   (l) A public community college or entity organized

7 pursuant to the Public Community College Act may apply to the

8 Director initially to have only annuitants not covered prior

9 to July 1, 1992 by the district's health plan provided health

10 coverage under this Act on a non-insured basis. The community

11 college must execute a 2-year contract to participate in the

12 Local Government Health Plan. Any annuitant may enroll in the

13 event of a qualifying change in status, special enrollment,

14 special circumstance as defined by the Director, or during the

15 annual benefit choice period Benefit Choice Period.

16  The Director shall annually determine monthly rates of

17 payment subject to the following constraints: for those

18 community colleges with annuitants only enrolled, first year

19 rates shall be equal to the average cost to cover claims for a

20 State member adjusted for demographics, Medicare

21 participation, and other factors; and in the second year, a

22 further adjustment of rates shall be made to reflect the

23 actual first year's claims experience of the covered

24 annuitants.

25  (l-5) The provisions of subsection (l) become inoperative

26 on July 1, 1999.
   SB2394 Enrolled  - 66 - LRB104 09208 AMC 19265 b

1  (m) The Director shall adopt any rules deemed necessary

2 for implementation of this amendatory Act of 1989 (Public Act

3 86-978).

4  (n) Any child advocacy center within the State of Illinois

5 may apply to the Director to have its employees, annuitants,

6 and their dependents provided group health coverage under this

7 Act on a non-insured basis. To participate, a child advocacy

8 center must agree to enroll all of its employees and pay the

9 entire cost of providing coverage for its employees. The child

10 advocacy center shall not be required to enroll those of its

11 employees who are covered spouses or dependents under this

12 plan or another group policy or plan providing health benefits

13 as long as (1) an appropriate official from the child advocacy

14 center attests that each employee not enrolled is a covered

15 spouse or dependent under this plan or another group policy or

16 plan and (2) at least 50% of the employees are enrolled and the

17 child advocacy center remits the entire cost of providing

18 coverage to those employees. Employees of a participating

19 child advocacy center who are not enrolled due to coverage

20 under another group health policy or plan may enroll in the

21 event of a qualifying change in status, special enrollment, or

22 special circumstance as defined by the Director or during the

23 annual benefit choice period Benefit Choice Period. A

24 participating child advocacy center may also elect to cover

25 its annuitants. Dependent coverage shall be offered on an

26 optional basis, with the costs paid by the child advocacy
    SB2394 Enrolled    - 67 - LRB104 09208 AMC 19265 b

1 center, its employees, or some combination of the 2 as

2 determined by the child advocacy center. The child advocacy

3 center shall be responsible for timely collection and

4 transmission of dependent premiums.

5   The Director shall annually determine rates of payment,

6 subject to the following constraints:

7   (1) In the first year of coverage, the rates shall be

8   equal to the amount normally charged to State employees

9   for elected optional coverages or for enrolled dependents

10  coverages or other contributory coverages on behalf of its

11  employees, adjusted for differences between State

12  employees and employees of the child advocacy center in

13  age, sex, geographic location, or other relevant

14  demographic variables, plus an amount sufficient to pay

15  for the additional administrative costs of providing

16  coverage to employees of the child advocacy center and

17  their dependents.

18  (2) In subsequent years, a further adjustment shall be

19  made to reflect the actual prior years' claims experience

20  of the employees of the child advocacy center.

21  Monthly payments by the child advocacy center or its

22 employees for group health insurance shall be deposited into

23 the Local Government Health Insurance Reserve Fund.

24 (Source: P.A. 102-19, eff. 7-1-21; revised 7-23-24.)

25  Section 35. The State Employee Health Savings Account Law
    SB2394 Enrolled     - 68 - LRB104 09208 AMC 19265 b

1 is amended by changing Section 10-10 as follows:

2   (5 ILCS 377/10-10)

3   Sec. 10-10. Application; authorized contributions.

4   (a) Beginning in calendar year 2012, each employer shall

5 make available to each eligible individual a health savings

6 account program, if that individual chooses to enroll in the

7 program except that, for an employer who provides coverage

8 pursuant to any one or more of subsections (i) through (n) of

9 Section 10 of the State Employees Group Insurance Act of 1971

10 State Employee Group Insurance Act, that employer may make

11 available a health savings account program. An employer who

12 makes a health savings account program available shall

13 annually deposit an amount equal to one-third of the annual

14 deductible into an eligible individual's health savings

15 account. Unused funds in a health savings account shall become

16 the property of the account holder at the end of a taxable

17 year.

18  (b) Beginning in calendar year 2012, an eligible

19 individual may deposit contributions into a health savings

20 account in accordance with the restrictions set forth in

21 subsection (e) of Section 10-5.

22 (Source: P.A. 97-142, eff. 7-14-11; 97-644, eff. 12-30-11;

23 revised 7-23-24.)

24  Section 40. The First Responders Suicide Prevention Act is
    SB2394 Enrolled    - 69 - LRB104 09208 AMC 19265 b

1 amended by changing Section 40 as follows:

2   (5 ILCS 840/40)

3   Sec. 40. Task Force recommendations.

4   (a) Task Force members shall recommend that agencies and

5 organizations guarantee access to mental health and wellness

6 services, including, but not limited to, peer support programs

7 and providing ongoing education related to the ever-evolving

8 concept of mental health wellness. These recommendations could

9 be accomplished by:

10  (1) Revising agencies' and organizations' employee

11  assistance programs (EAPs).

12  (2) Urging health care providers to replace outdated

13  healthcare plans and include more progressive options

14  catering to the needs and disproportionate risks

15  shouldered by our first responders.

16  (3) Allocating funding or resources for public service

17  announcements (PSA) and messaging campaigns aimed at

18  raising awareness of available assistance options.

19  (4) Encouraging agencies and organizations to attach

20  lists of all available resources to training manuals and

21  continuing education requirements.

22  (b) Task Force members shall recommend agencies and

23 organizations sponsor or facilitate first responders with

24 specialized training in the areas of psychological fitness,

25 depressive disorders, early detection, and mitigation best
    SB2394 Enrolled  - 70 - LRB104 09208 AMC 19265 b

1 practices. Such trainings could be accomplished by:

2   (1) Assigning, appointing, or designating one member

3   of an agency or organization to attend specialized

4   training(s) sponsored by an accredited agency,

5   association, or organization recognized in their fields of

6   study.

7   (2) Seeking sponsorships or conducting fund-raisers,

8   to host annual or semiannual on-site visits from qualified

9   clinicians or physicians to provide early detection

10  training techniques, or to provide regular access to

11  mental health professionals.

12  (3) Requiring a minimum number of hours of disorders

13  and wellness training be incorporated into reoccurring,

14  annual or biannual training standards, examinations, and

15  curriculums, taking into close consideration respective

16  agency or organization size, frequency, and number of all

17  current federal and state mandatory examinations and

18  trainings expected respectively.

19  (4) Not underestimating the crucial importance of a

20  balanced diet, sleep, mindfulness-based stress reduction

21  techniques, moderate and vigorous intensity activities,

22  and recreational hobbies, which have been scientifically

23  proven to play a major role in brain health and mental

24  wellness.

25  (c) Task Force members shall recommend that administrators

26 and leadership personnel solicit training services from
    SB2394 Enrolled  - 71 - LRB104 09208 AMC 19265 b

1 evidence-based, data driven organizations. Organizations with

2 personnel trained on the analytical review and interpretation

3 of specific fields related to the nature of first responders'

4 exploits, such as PTSD, substance abuse, and chronic state of

5 duress. Task Force members shall further recommend funding for

6 expansion and messaging campaigns of preliminary

7 self-diagnosing technologies like the one described above.

8 These objectives could be met by:

9   (1) Contacting an accredited agency, association, or

10  organization recognized in the field or fields of specific

11  study. Unbeknownst to the majority, many of the agencies

12  and organizations listed above receive grants and

13  allocations to assist communities with the very issues

14  being discussed in this Section.

15  (2) Normalizing help-seeking behaviors for both first

16  responders and their families through regular messaging

17  and peer support outreach, beginning with academy

18  curricula and continuing education throughout individuals'

19  careers.

20  (3) Funding and implementing PSA campaigns that

21  provide clear and concise calls to action about mental

22  health and wellness, resiliency, help-seeking, treatment,

23  and recovery.

24  (4) Promoting and raising awareness of not-for-profit

25  organizations currently available to assist individuals in

26  search of care and treatment. Organizations have intuitive
    SB2394 Enrolled            - 72 - LRB104 09208 AMC 19265 b

1   user-friendly sites, most of which have mobile

2   applications, so first responders can access at a moment's

3   notice. However, because of limited funds, these

4   organizations have a challenging time of getting the word

5   out there about their existence.

6   (5) Expanding Family and Medical Leave Act protections

7   for individuals voluntarily seeking preventative

8   treatment.

9   (6) Promoting and ensuring complete patient

10  confidentiality protections.

11  (d) Task Force members shall recommend that agencies and

12 organizations incorporate the following training components

13 into already existing modules and educational curriculums.

14 Doing so could be done by:

15  (1) Bolstering academy and school curricula by

16  requiring depressive disorder training catered to PTSD,

17  substance abuse, and early detection techniques training,

18  taking into close consideration respective agency or

19  organization size, and the frequency and number of all

20  current federal and state mandatory examinations and

21  trainings expected respectively.

22  (2) Continuing to allocate or match federal and state

23  funds to maintain Mobile Training Units (MTUs).

24  (3) Incorporating a state certificate for peer support

25  training into already existing statewide curriculums and

26  mandatory examinations, annual State Fire Marshal
    SB2394 Enrolled  - 73 - LRB104 09208 AMC 19265 b

1   examinations, and physical fitness examinations. The

2   subject matter of the certificate should have an emphasis

3   on mental health and wellness, as well as familiarization

4   with topics ranging from clinical social work, clinical

5   psychology, clinical behaviorist, and clinical psychiatry.

6   (4) Incorporating and performing statewide mental

7   health check-ins during the same times as already mandated

8   trainings. These checks are not to be compared or used as

9   measures of fitness for duty evaluations or structured

10  psychological examinations.

11  (5) Recommending comprehensive and evidence-based

12  training on the importance of preventative measures on the

13  topics of sleep, nutrition, mindfulness, and physical

14  movement.

15  (6) Law enforcement agencies should provide training

16  on the Firearm Owners Owner's Identification Card Act,

17  including seeking relief from the Illinois State Police

18  under Section 10 of the Firearm Owners Identification Card

19  Act and a FOID card being a continued condition of

20  employment under Section 7.2 of the Uniform Peace

21  Officers' Disciplinary Act.

22 (Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;

23 103-605, eff. 7-1-24; revised 10-23-24.)

24  Section 45. The Election Code is amended by changing

25 Sections 16-3, 17-5, 17-12, and 28-3 and the heading of
         SB2394 Enrolled  - 74 - LRB104 09208 AMC 19265 b
1 Article 29 as follows:

2  (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)

3  Sec. 16-3. (a) The names of all candidates to be voted for

4 in each election district or precinct shall be printed on one

5 ballot, except as is provided in Sections 16-6, 16-6.1, and

6 21-1.01 of this Code and except as otherwise provided in this

7 Code with respect to the odd year regular elections and the

8 emergency referenda. The lettering of candidate names on a

9 ballot shall be in both capital and lowercase letters in

10 conformance with standard English language guidelines, unless

11 compliance is not feasible due to the election system utilized

12 by the election authority. All nominations of any political

13 party shall be placed under the party appellation or title of

14 such party as designated in the certificates of nomination or

15 petitions. The names of all independent candidates shall be

16 printed upon the ballot in a column or columns under the

17 heading "independent" arranged under the names or titles of

18 the respective offices for which such independent candidates

19 shall have been nominated and so far as practicable, the name

20 or names of any independent candidate or candidates for any

21 office shall be printed upon the ballot opposite the name or

22 names of any candidate or candidates for the same office

23 contained in any party column or columns upon said ballot. The

24 ballot shall contain no other names, except that in cases of

25 electors for President and Vice-President of the United
SB2394 Enrolled  - 75 - LRB104 09208 AMC 19265 b

 1 States, the names of the candidates for President and
 2 Vice-President may be added to the party designation and words
 3 calculated to aid the voter in his choice of candidates may be
 4 added, such as "Vote for one," or "Vote for not more than
 5 three"." If no candidate or candidates file for an office and
 6 if no person or persons file a declaration as a write-in
 7 candidate for that office, then below the title of that office
 8 the election authority instead shall print "No Candidate".
 9 When an electronic voting system is used which utilizes a
10 ballot label booklet, the candidates and questions shall
11 appear on the pages of such booklet in the order provided by
12 this Code; and, in any case where candidates for an office
13 appear on a page which does not contain the name of any
14 candidate for another office, and where less than 50% of the
15 page is utilized, the name of no candidate shall be printed on
16 the lowest 25% of such page. On the back or outside of the
17 ballot, so as to appear when folded, shall be printed the words
18 "Official Ballot", followed by the designation of the polling
19 place for which the ballot is prepared, the date of the
20 election and a facsimile of the signature of the election
21 authority who has caused the ballots to be printed. The
22 ballots shall be of plain white paper, through which the
23 printing or writing cannot be read. However, ballots for use
24 at the nonpartisan and consolidated elections may be printed
25 on different color paper, except blue paper, whenever
26 necessary or desirable to facilitate distinguishing between
SB2394 Enrolled  - 76 - LRB104 09208 AMC 19265 b

 1 ballots for different political subdivisions. In the case of
 2 nonpartisan elections for officers of a political subdivision,
 3 unless the statute or an ordinance adopted pursuant to Article
 4 VII of the Constitution providing the form of government
 5 therefor requires otherwise, the column listing such
 6 nonpartisan candidates shall be printed with no appellation or
 7 circle at its head. The party appellation or title, or the word
 8 "independent" at the head of any column provided for
 9 independent candidates, shall be printed in letters not less
10 than one-fourth of an inch in height and a circle one-half inch
11 in diameter shall be printed at the beginning of the line in
12 which such appellation or title is printed, provided, however,
13 that no such circle shall be printed at the head of any column
14 or columns provided for such independent candidates. The names
15 of candidates shall be printed in letters not less than
16 one-eighth nor more than one-fourth of an inch in height, and
17 at the beginning of each line in which a name of a candidate is
18 printed a square shall be printed, the sides of which shall be
19 not less than one-fourth of an inch in length. However, the
20 names of the candidates for Governor and Lieutenant Governor
21 on the same ticket shall be printed within a bracket and a
22 single square shall be printed in front of the bracket. The
23 list of candidates of the several parties and any such list of
24 independent candidates shall be placed in separate columns on
25 the ballot in such order as the election authorities charged
26 with the printing of the ballots shall decide; provided, that
    SB2394 Enrolled    - 77 - LRB104 09208 AMC 19265 b

1 the names of the candidates of the several political parties,

2 certified by the State Board of Elections to the several

3 county clerks shall be printed by the county clerk of the

4 proper county on the official ballot in the order certified by

5 the State Board of Elections. Any county clerk refusing,

6 neglecting or failing to print on the official ballot the

7 names of candidates of the several political parties in the

8 order certified by the State Board of Elections, and any

9 county clerk who prints or causes to be printed upon the

10 official ballot the name of a candidate, for an office to be

11 filled by the Electors of the entire State, whose name has not

12 been duly certified to him upon a certificate signed by the

13 State Board of Elections shall be guilty of a Class C

14 misdemeanor.

15  (b) When an electronic voting system is used which

16 utilizes a ballot card, on the inside flap of each ballot card

17 envelope there shall be printed a form for write-in voting

18 which shall be substantially as follows:

19                     WRITE-IN VOTES

20  (See card of instructions for specific information.

21 Duplicate form below by hand for additional write-in votes.)

22  .............................

23  Title of Office

24 ( ) .............................

25  Name of Candidate

26  Write-in lines equal to the number of candidates for which
    SB2394 Enrolled      - 78 - LRB104 09208 AMC 19265 b

1 a voter may vote shall be printed for an office only if one or

2 more persons filed declarations of intent to be write-in

3 candidates or qualify to file declarations to be write-in

4 candidates under Sections 17-16.1 and 18-9.1 when the

5 certification of ballot contains the words "OBJECTION

6 PENDING".

7   (c) When an electronic voting system is used which uses a

8 ballot sheet, the instructions to voters on the ballot sheet

9 shall refer the voter to the card of instructions for specific

10 information on write-in voting. Below each office appearing on

11 such ballot sheet there shall be a provision for the casting of

12 a write-in vote. Write-in lines equal to the number of

13 candidates for which a voter may vote shall be printed for an

14 office only if one or more persons filed declarations of

15 intent to be write-in candidates or qualify to file

16 declarations to be write-in candidates under Sections 17-16.1

17 and 18-9.1 when the certification of ballot contains the words

18 "OBJECTION PENDING".

19  (d) When such electronic system is used, there shall be

20 printed on the back of each ballot card, each ballot card

21 envelope, and the first page of the ballot label when a ballot

22 label is used, the words "Official Ballot," followed by the

23 number of the precinct or other precinct identification, which

24 may be stamped, in lieu thereof and, as applicable, the number

25 and name of the township, ward or other election district for

26 which the ballot card, ballot card envelope, and ballot label
SB2394 Enrolled  - 79 - LRB104 09208 AMC 19265 b

 1 are prepared, the date of the election and a facsimile of the
 2 signature of the election authority who has caused the ballots
 3 to be printed. The back of the ballot card shall also include a
 4 method of identifying the ballot configuration such as a
 5 listing of the political subdivisions and districts for which
 6 votes may be cast on that ballot, or a number code identifying
 7 the ballot configuration or color coded ballots, except that
 8 where there is only one ballot configuration in a precinct,
 9 the precinct identification, and any applicable ward
10 identification, shall be sufficient. Ballot card envelopes
11 used in punch card systems shall be of paper through which no
12 writing or punches may be discerned and shall be of sufficient
13 length to enclose all voting positions. However, the election
14 authority may provide ballot card envelopes on which no
15 precinct number or township, ward or other election district
16 designation, or election date are preprinted, if space and a
17 preprinted form are provided below the space provided for the
18 names of write-in candidates where such information may be
19 entered by the judges of election. Whenever an election
20 authority utilizes ballot card envelopes on which the election
21 date and precinct is not preprinted, a judge of election shall
22 mark such information for the particular precinct and election
23 on the envelope in ink before tallying and counting any
24 write-in vote written thereon. If some method of insuring
25 ballot secrecy other than an envelope is used, such
26 information must be provided on the ballot itself.
   SB2394 Enrolled  - 80 - LRB104 09208 AMC 19265 b

1  (e) In the designation of the name of a candidate on the

2 ballot, the candidate's given name or names, initial or

3 initials, a nickname by which the candidate is commonly known,

4 or a combination thereof, may be used in addition to the

5 candidate's surname. If a candidate has changed his or her

6 name, whether by a statutory or common law procedure in

7 Illinois or any other jurisdiction, within 3 years before the

8 last day for filing the petition for nomination, nomination

9 papers, or certificate of nomination for that office,

10 whichever is applicable, then (i) the candidate's name on the

11 ballot must be followed by "formerly known as (list all prior

12 names during the 3-year period) until name changed on (list

13 date of each such name change)" and (ii) the petition, papers,

14 or certificate must be accompanied by the candidate's

15 affidavit stating the candidate's previous names during the

16 period specified in (i) and the date or dates each of those

17 names was changed; failure to meet these requirements shall be

18 grounds for denying certification of the candidate's name for

19 the ballot or removing the candidate's name from the ballot,

20 as appropriate, but these requirements do not apply to name

21 changes resulting from adoption to assume an adoptive parent's

22 or parents' surname, marriage or civil union to assume a

23 spouse's surname, or dissolution of marriage or civil union or

24 declaration of invalidity of marriage or civil union to assume

25 a former surname or a name change that conforms the

26 candidate's name to his or her gender identity. No other
    SB2394 Enrolled          - 81 - LRB104 09208 AMC 19265 b

1 designation such as a political slogan, title, or degree or

2 nickname suggesting or implying possession of a title, degree

3 or professional status, or similar information may be used in

4 connection with the candidate's surname. For purposes of this

5 Section, a "political slogan" is defined as any word or words

6 expressing or connoting a position, opinion, or belief that

7 the candidate may espouse, including, but not limited to, any

8 word or words conveying any meaning other than that of the

9 personal identity of the candidate. A candidate may not use a

10 political slogan as part of his or her name on the ballot,

11 notwithstanding that the political slogan may be part of the

12 candidate's name.

13  (f) The State Board of Elections, a local election

14 official, or an election authority shall remove any

15 candidate's name designation from a ballot that is

16 inconsistent with subsection (e) of this Section. In addition,

17 the State Board of Elections, a local election official, or an

18 election authority shall not certify to any election authority

19 any candidate name designation that is inconsistent with

20 subsection (e) of this Section.

21  (g) If the State Board of Elections, a local election

22 official, or an election authority removes a candidate's name

23 designation from a ballot under subsection (f) of this

24 Section, then the aggrieved candidate may seek appropriate

25 relief in circuit court.

26  Where voting machines or electronic voting systems are
    SB2394 Enrolled    - 82 - LRB104 09208 AMC 19265 b

1 used, the provisions of this Section may be modified as

2 required or authorized by Article 24 or Article 24A, whichever

3 is applicable.

4   Nothing in this Section shall prohibit election

5 authorities from using or reusing ballot card envelopes which

6 were printed before January 1, 1986 (the effective date of

7 Public Act 84-820).

8 (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;

9 103-467, eff. 8-4-23; revised 7-23-24.)

10  (10 ILCS 5/17-5) (from Ch. 46, par. 17-5)

11  Sec. 17-5. The manner of voting shall be by ballot. The

12 ballot shall be printed or written, or partly printed and

13 partly written, and shall be, except as otherwise provided in

14 Article 8A, in the form as prescribed in Article 16 of this

15 Act.

16 (Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.)

17  (10 ILCS 5/17-12) (from Ch. 46, par. 17-12)

18  Sec. 17-12. The ballot shall be folded by the voter and

19 delivered to one of the judges of election; and if the judge is

20 be satisfied, that the person offering the vote is a legal

21 voter, the judges of election shall enter the name of the

22 voter, and his number, under the proper heading in the poll

23 books, (except as otherwise provided in Article Articles 4, 5,

24 or 6) and shall immediately put the ballot into the ballot box.
   SB2394 Enrolled  - 83 - LRB104 09208 AMC 19265 b

1  The voter shall in like manner fold and deliver the

2 separate blue ballot or ballots pertaining to a proposal or

3 proposals for constitutional amendments or the calling of a

4 constitutional convention, if such proposal or proposals have

5 been submitted to a vote of the people at such election and

6 shall also in like manner fold and deliver the separate

7 representative ballot provided for in Article 8A in cases

8 where that Article is applicable. The judge of election to

9 whom the voter delivers his ballots shall not accept the same

10 unless all of the ballots given to the voter are returned by

11 him. If a voter delivers less than all of the ballots given to

12 him, the judge to whom the same are offered shall advise him in

13 a voice clearly audible to the other judges of election that

14 the voter must return the remainder of the ballots. The

15 statement of the judge to the voter shall clearly express the

16 fact that the voter is not required to vote such remaining

17 ballots but that whether or not he votes them he must fold and

18 deliver them to the judge. In making such statement, the judge

19 of election shall not indicate by word, gesture, or intonation

20 of voice that the unreturned ballots shall be voted in any

21 particular manner. No new voter shall be permitted to enter

22 the voting booth of a voter who has failed to deliver the total

23 number of ballots received by him until such voter has

24 returned to the voting booth pursuant to the judge's request

25 and again quit the booth with all of the ballots required to be

26 returned by him. Upon receipt of all such ballots, the judges
    SB2394 Enrolled         - 84 - LRB104 09208 AMC 19265 b

1 of election shall enter the name of the voter, and his number,

2 as above provided in this Section section, and the judge to

3 whom the ballots are delivered shall immediately put the

4 ballots into the ballot box but, in the case of an election for

5 Representatives in the General Assembly pursuant to Article

6 8A, the official representative ballot shall be placed in the

7 separate ballot box provided for such purpose. If any voter

8 who has failed to deliver all the ballots received by him

9 refuses to return to the voting booth after being advised by

10 the judge of election as herein provided, the judge shall

11 inform the other judges of such refusal, and thereupon the

12 ballot or ballots returned to the judge shall be deposited

13 into in the ballot box, the voter shall be permitted to depart

14 from the polling place, and a new voter shall be permitted to

15 enter the voting booth.

16  No judge of election shall accept from any voter less than

17 the full number of ballots received by such voter without

18 first advising the voter in the manner above provided of the

19 necessity of returning all of the ballots, nor shall any judge

20 advise such voter in a manner contrary to that which is herein

21 permitted, or in any other manner violate the provisions of

22 this Section section; provided that the acceptance by a judge

23 of election of less than the full number of ballots delivered

24 to a voter who refuses to return to the voting booth after

25 being properly advised by the judge shall not be a violation of

26 this Section section.
   SB2394 Enrolled  - 85 - LRB104 09208 AMC 19265 b

1 (Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.)

2  (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)

3  Sec. 28-3. Form of petition for public question. Petitions

4 for the submission of public questions shall consist of sheets

5 of uniform size and each sheet shall contain, above the space

6 for signature, an appropriate heading, giving the information

7 as to the question of public policy to be submitted, and

8 specifying the state at large or the political subdivision or

9 district or precinct or combination of precincts or other

10 territory in which it is to be submitted and, where by law the

11 public question must be submitted at a particular election,

12 the election at which it is to be submitted. In the case of a

13 petition for the submission of a public question described in

14 subsection (b) of Section 28-6, the heading shall also specify

15 the regular election at which the question is to be submitted

16 and include the precincts included in the territory concerning

17 which the public question is to be submitted, as well as a

18 common description of such territory in plain and nonlegal

19 language, such description to describe the territory by

20 reference to streets, natural or artificial landmarks,

21 addresses or any other method which would enable a voter

22 signing the petition to be informed of the territory

23 concerning which the question is to be submitted. The heading

24 of each sheet shall be the same. Such petition shall be signed

25 by the registered voters of the political subdivision or
    SB2394 Enrolled  - 86 - LRB104 09208 AMC 19265 b

1 district or precinct or combination of precincts in which the

2 question of public policy is to be submitted in their own

3 proper persons only, and opposite the signature of each signer

4 his residence address shall be written or printed, which

5 residence address shall include the street address or rural

6 route number of the signer, as the case may be, as well as the

7 signer's county, and city, village or town, and state;

8 provided that the county or city, village or town, and state of

9 residence of such electors may be printed on the petition

10 forms where all of the electors signing the petition reside in

11 the same county or city, village or town, and state. Standard

12 abbreviations may be used in writing the residence address,

13 including street number, if any. No signature shall be valid

14 or be counted in considering the validity or sufficiency of

15 such petition unless the requirements of this Section are

16 complied with.

17  At the bottom of each sheet of such petition shall be added

18 a circulator's statement, signed by a person 18 years of age or

19 older who is a citizen of the United States, stating the street

20 address or rural route number, as the case may be, as well as

21 the county, city, village or town, and state; certifying that

22 the signatures on that sheet of the petition were signed in his

23 or her presence and are genuine, and that to the best of his or

24 her knowledge and belief the persons so signing were at the

25 time of signing the petition registered voters of the

26 political subdivision or district or precinct or combination
    SB2394 Enrolled  - 87 - LRB104 09208 AMC 19265 b

1 of precincts in which the question of public policy is to be

2 submitted and that their respective residences are correctly

3 stated therein. Such statement shall be sworn to before some

4 officer authorized to administer oaths in this State.

5   Such sheets, before being filed with the proper officer or

6 board, shall be bound securely and numbered consecutively. The

7 sheets shall not be fastened by pasting them together end to

8 end, so as to form a continuous strip or roll. All petition

9 sheets which are filed with the proper local election

10 officials, election authorities or the State Board of

11 Elections shall be the original sheets which have been signed

12 by the voters and by the circulator, and not photocopies or

13 duplicates of such sheets. A petition, when presented or

14 filed, shall not be withdrawn, altered, or added to, and no

15 signature shall be revoked except by revocation in writing

16 presented or filed with the board or officer with whom the

17 petition is required to be presented or filed, and before the

18 presentment or filing of such petition, except as may

19 otherwise be provided in another statute which authorize the

20 public question. Whoever forges any name of a signer upon any

21 petition shall be deemed guilty of a forgery, and on

22 conviction thereof, shall be punished accordingly.

23  In addition to the foregoing requirements, a petition

24 proposing an amendment to Article IV of the Constitution

25 pursuant to Section 3 of Article XIV of the Constitution or a

26 petition proposing a question of public policy to be submitted
    SB2394 Enrolled  - 88 - LRB104 09208 AMC 19265 b

1 to the voters of the entire State shall be in conformity with

2 the requirements of Section 28-9 of this Article.

3   If multiple sets of petitions for submission of the same

4 public questions are filed, the State Board of Elections,

5 appropriate election authority or local election official

6 where the petitions are filed shall within 2 business days

7 notify the proponent of his or her multiple petition filings

8 and that proponent has 3 business days after receipt of the

9 notice to notify the State Board of Elections, appropriate

10 election authority or local election official that he or she

11 may cancel prior sets of petitions. If the proponent notifies

12 the State Board of Elections, appropriate election authority

13 or local election official, the last set of petitions filed

14 shall be the only petitions to be considered valid by the State

15 Board of Elections, appropriate election authority or local

16 election official. If the proponent fails to notify the State

17 Board of Elections, appropriate election authority or local

18 election official then only the first set of petitions filed

19 shall be valid and all subsequent petitions shall be void.

20 (Source: P.A. 98-756, eff. 7-16-14; revised 7-23-24.)

21  (10 ILCS 5/Art. 29 heading)

22  ARTICLE 29. PROHIBITIONS AND PENALTIES.

23  Section 50. The Uniform Faithful Presidential Electors Act

24 is amended by changing Section 5-1 as follows:
    SB2394 Enrolled        - 89 - LRB104 09208 AMC 19265 b

1   (10 ILCS 22/5-1)

2   Sec. 5-1. Short title. This Article Act may be cited as the

3 Uniform Faithful Presidential Electors Act. As used in this

4 Article, "this Act" refers to this Article.

5 (Source: P.A. 103-600, eff. 7-1-24; revised 10-23-24.)

6   Section 55. The Language Equity and Access Act is amended

7 by changing Section 10 as follows:

8   (15 ILCS 56/10)

9   Sec. 10. Definitions. In this Act:

10  "Interpretation" means listening to a communication in one

11 language and orally converting it to another language in a

12 manner that preserves the intent and meaning of the original

13 message.

14  "Language assistance services" means oral and written

15 language services needed to assist LEP persons individuals to

16 communicate effectively with staff, and to provide LEP persons

17 individuals with meaningful access to, and equal opportunity

18 to participate fully in, the services, activities, or other

19 programs administered by the State.

20  "Limited English proficient (LEP) person" means an

21 individual who does not speak English as his or her primary

22 language and who has a limited ability to read, speak, write,

23 or understand English.
    SB2394 Enrolled  - 90 - LRB104 09208 AMC 19265 b

1   "Meaningful access" means language assistance that results

2 in accurate, timely, and effective communication at no cost to

3 limited English proficient persons. For LEP persons,

4 meaningful access denotes access that is not unreasonably

5 restricted, delayed, or inferior as compared to access to

6 programs or activities provided to English proficient persons

7 individuals.

8   "State agency" means an executive agency, department,

9 board, commission, or authority directly responsible to the

10 Governor.

11  "Translation" means the conversion of text from one

12 language to another in a written form to convey the intent and

13 essential meaning of the original text.

14  "Vital documents" means paper or electronic written

15 material that contains information that affects a person's

16 access to, retention of, termination of, or exclusion from

17 program services or benefits or is required by law.

18 (Source: P.A. 103-723, eff. 8-2-24; revised 10-23-24.)

19  Section 60. The Illinois Identification Card Act is

20 amended by changing Sections 4, 5, and 12 as follows:

21  (15 ILCS 335/4)

22  Sec. 4. Identification card.

23  (a) In accordance with the requirements of this Section,

24 the Secretary of State shall issue a standard Illinois
    SB2394 Enrolled  - 91 - LRB104 09208 AMC 19265 b

1 Identification Card, as well as a mobile Illinois

2 Identification Card, to any natural person who is a resident

3 of the State of Illinois who applies for such a card, or

4 renewal thereof. No identification card shall be issued to any

5 person who holds a valid foreign state identification card,

6 license, or permit unless the person first surrenders to the

7 Secretary of State the valid foreign state identification

8 card, license, or permit. The card shall be prepared and

9 supplied by the Secretary of State and shall include a

10 photograph and signature or mark of the applicant. However,

11 the Secretary of State may provide by rule for the issuance of

12 Illinois Identification Cards without photographs if the

13 applicant has a bona fide religious objection to being

14 photographed or to the display of his or her photograph. The

15 Illinois Identification Card may be used for identification

16 purposes in any lawful situation only by the person to whom it

17 was issued. As used in this Act, "photograph" means any color

18 photograph or digitally produced and captured image of an

19 applicant for an identification card. As used in this Act,

20 "signature" means the name of a person as written by that

21 person and captured in a manner acceptable to the Secretary of

22 State.

23  (a-5) If an applicant for an identification card has a

24 current driver's license or instruction permit issued by the

25 Secretary of State, the Secretary may require the applicant to

26 utilize the same residence address and name on the
    SB2394 Enrolled  - 92 - LRB104 09208 AMC 19265 b

1 identification card, driver's license, and instruction permit

2 records maintained by the Secretary. The Secretary may

3 promulgate rules to implement this provision.

4   (a-10) If the applicant is a judicial officer as defined

5 in Section 1-10 of the Judicial Privacy Act or a peace officer,

6 the applicant may elect to have his or her office or work

7 address listed on the card instead of the applicant's

8 residence or mailing address. The Secretary may promulgate

9 rules to implement this provision. For the purposes of this

10 subsection (a-10), "peace officer" means any person who by

11 virtue of his or her office or public employment is vested by

12 law with a duty to maintain public order or to make arrests for

13 a violation of any penal statute of this State, whether that

14 duty extends to all violations or is limited to specific

15 violations.

16  (a-15) The Secretary of State may provide for an expedited

17 process for the issuance of an Illinois Identification Card.

18 The Secretary shall charge an additional fee for the expedited

19 issuance of an Illinois Identification Card, to be set by

20 rule, not to exceed $75. All fees collected by the Secretary

21 for expedited Illinois Identification Card service shall be

22 deposited into the Secretary of State Special Services Fund.

23 The Secretary may adopt rules regarding the eligibility,

24 process, and fee for an expedited Illinois Identification

25 Card. If the Secretary of State determines that the volume of

26 expedited identification card requests received on a given day
    SB2394 Enrolled  - 93 - LRB104 09208 AMC 19265 b

1 exceeds the ability of the Secretary to process those requests

2 in an expedited manner, the Secretary may decline to provide

3 expedited services, and the additional fee for the expedited

4 service shall be refunded to the applicant.

5   (a-20) The Secretary of State shall issue a standard

6 Illinois Identification Card to a person committed to the

7 Department of Corrections, the Department of Juvenile Justice,

8 a Federal Bureau of Prisons facility located in Illinois, or a

9 county jail or county department of corrections as follows: if

10 the person has a social security number,

11  (1) A committed person who has previously held an

12  Illinois Identification Card or an Illinois driver's

13  license shall submit an Identification Card verification

14  form to the Secretary of State, including a photograph

15  taken by the correctional facility, proof of residency

16  upon discharge, and a social security number, if the

17  committed person has a social security number. If the

18  committed person does not have a social security number

19  and is eligible for a social security number, the

20  Secretary of State shall not issue a standard Illinois

21  Identification Card until the committed person obtains a

22  social security number. If the committed person's

23  photograph and demographic information matches an existing

24  Illinois Identification Card or Illinois driver's license

25  and the Secretary of State verifies the applicant's social

26  security number with the Social Security Administration,
    SB2394 Enrolled  - 94 - LRB104 09208 AMC 19265 b

1   the Secretary of State shall issue the committed person a

2   standard Illinois Identification Card. If the photograph

3   or demographic information matches an existing Illinois

4   Identification Card or Illinois driver's license in

5   another person's name or identity, a standard Illinois

6   Identification Card shall not be issued until the

7   committed person submits a certified birth certificate and

8   social security card to the Secretary of State and the

9   Secretary of State verifies the identity of the committed

10  person. If the Secretary of State cannot find a match to an

11  existing Illinois Identification Card or Illinois driver's

12  license, the committed person may apply for a standard

13  Illinois Identification card as described in paragraph

14  (2).

15  (2) A committed person who has not previously held an

16  Illinois Identification Card or Illinois driver's license

17  or for whom a match cannot be found as described in

18  paragraph (1) shall submit an Illinois Identification Card

19  verification form, including a photograph taken by the

20  correctional facility, a certified birth certificate,

21  proof of residency upon discharge, and a social security

22  number, if the committed has a social security number. If

23  the committed person does not have a social security

24  number and is eligible for a social security number, the

25  Secretary of State shall not issue a standard Illinois

26  Identification Card until the committed person obtains a
    SB2394 Enrolled       - 95 - LRB104 09208 AMC 19265 b

1   social security number. If the Secretary of State verifies

2   the applicant's social security number with the Social

3   Security Administration, the Secretary of State shall

4   issue the committed person a standard Illinois

5   Identification Card.

6   The Illinois Identification Card verification form

7 described in this subsection shall be prescribed by the

8 Secretary of State. The Secretary of State and correctional

9 facilities in this State shall establish a secure method to

10 transfer the form.

11  (a-25) The Secretary of State shall issue a limited-term

12 Illinois Identification Card valid for 90 days to a committed

13 person upon release on parole, mandatory supervised release,

14 aftercare release, final discharge, or pardon from the

15 Department of Corrections, the Department of Juvenile Justice,

16 a Federal Bureau of Prisons facility located in Illinois, or a

17 county jail or county department of corrections, if the

18 released person does not obtain a standard Illinois

19 Identification Card as described in subsection (a-20) prior to

20 release but does present a Secretary of State prescribed

21 Identification Card verification form completed by the

22 correctional facility, verifying the released person's date of

23 birth, social security number, if the person has a social

24 security number, and his or her Illinois residence address.

25 The verification form must have been completed no more than 30

26 days prior to the date of application for the Illinois
    SB2394 Enrolled     - 96 - LRB104 09208 AMC 19265 b

1 Identification Card.

2   Prior to the expiration of the 90-day period of the

3 limited-term Illinois Identification Card, if the released

4 person submits to the Secretary of State a certified copy of

5 his or her birth certificate and his or her social security

6 card, if the person has a social security number, or other

7 documents authorized by the Secretary, a standard Illinois

8 Identification Card shall be issued. A limited-term Illinois

9 Identification Card may not be renewed.

10  This subsection shall not apply to a released person who

11 was unable to obtain a standard Illinois Identification Card

12 because his or her photograph or demographic information

13 matched an existing Illinois Identification Card or Illinois

14 driver's license in another person's name or identity or to a

15 released person who does not have a social security number and

16 is eligible for a social security number.

17  (a-30) The Secretary of State shall issue a standard

18 Illinois Identification Card to a person upon conditional

19 release or absolute discharge from the custody of the

20 Department of Human Services, if the person presents a

21 certified copy of his or her birth certificate, social

22 security card, if the person has a social security number, or

23 other documents authorized by the Secretary, and a document

24 proving his or her Illinois residence address. The Secretary

25 of State shall issue a standard Illinois Identification Card

26 to a person prior to his or her conditional release or absolute
   SB2394 Enrolled  - 97 - LRB104 09208 AMC 19265 b

1 discharge if personnel from the Department of Human Services

2 bring the person to a Secretary of State location with the

3 required documents. Documents proving residence address may

4 include any official document of the Department of Human

5 Services showing the person's address after release and a

6 Secretary of State prescribed verification form, which may be

7 executed by personnel of the Department of Human Services.

8  (a-35) The Secretary of State shall issue a limited-term

9 Illinois Identification Card valid for 90 days to a person

10 upon conditional release or absolute discharge from the

11 custody of the Department of Human Services, if the person is

12 unable to present a certified copy of his or her birth

13 certificate and social security card, if the person has a

14 social security number, or other documents authorized by the

15 Secretary, but does present a Secretary of State prescribed

16 verification form completed by the Department of Human

17 Services, verifying the person's date of birth and social

18 security number, if the person has a social security number,

19 and a document proving his or her Illinois residence address.

20 The verification form must have been completed no more than 30

21 days prior to the date of application for the Illinois

22 Identification Card. The Secretary of State shall issue a

23 limited-term Illinois Identification Card to a person no

24 sooner than 14 days prior to his or her conditional release or

25 absolute discharge if personnel from the Department of Human

26 Services bring the person to a Secretary of State location
   SB2394 Enrolled  - 98 - LRB104 09208 AMC 19265 b

1 with the required documents. Documents proving residence

2 address shall include any official document of the Department

3 of Human Services showing the person's address after release

4 and a Secretary of State prescribed verification form, which

5 may be executed by personnel of the Department of Human

6 Services.

7  (b) The Secretary of State shall issue a special Illinois

8 Identification Card, which shall be known as an Illinois

9 Person with a Disability Identification Card, to any natural

10 person who is a resident of the State of Illinois, who is a

11 person with a disability as defined in Section 4A of this Act,

12 who applies for such card, or renewal thereof. No Illinois

13 Person with a Disability Identification Card shall be issued

14 to any person who holds a valid foreign state identification

15 card, license, or permit unless the person first surrenders to

16 the Secretary of State the valid foreign state identification

17 card, license, or permit. The Secretary of State shall charge

18 no fee to issue such card. The card shall be prepared and

19 supplied by the Secretary of State, and shall include a

20 photograph and signature or mark of the applicant, a

21 designation indicating that the card is an Illinois Person

22 with a Disability Identification Card, and shall include a

23 comprehensible designation of the type and classification of

24 the applicant's disability as set out in Section 4A of this

25 Act. However, the Secretary of State may provide by rule for

26 the issuance of Illinois Person with a Disability
    SB2394 Enrolled  - 99 - LRB104 09208 AMC 19265 b

1 Identification Cards without photographs if the applicant has

2 a bona fide religious objection to being photographed or to

3 the display of his or her photograph. If the applicant so

4 requests, the card shall include a description of the

5 applicant's disability and any information about the

6 applicant's disability or medical history which the Secretary

7 determines would be helpful to the applicant in securing

8 emergency medical care. If a mark is used in lieu of a

9 signature, such mark shall be affixed to the card in the

10 presence of 2 two witnesses who attest to the authenticity of

11 the mark. The Illinois Person with a Disability Identification

12 Card may be used for identification purposes in any lawful

13 situation by the person to whom it was issued.

14  The Illinois Person with a Disability Identification Card

15 may be used as adequate documentation of disability in lieu of

16 a physician's determination of disability, a determination of

17 disability from a physician assistant, a determination of

18 disability from an advanced practice registered nurse, or any

19 other documentation of disability whenever any State law

20 requires that a person with a disability provide such

21 documentation of disability, however an Illinois Person with a

22 Disability Identification Card shall not qualify the

23 cardholder to participate in any program or to receive any

24 benefit which is not available to all persons with like

25 disabilities. Notwithstanding any other provisions of law, an

26 Illinois Person with a Disability Identification Card, or
    SB2394 Enrolled  - 100 - LRB104 09208 AMC 19265 b

1 evidence that the Secretary of State has issued an Illinois

2 Person with a Disability Identification Card, shall not be

3 used by any person other than the person named on such card to

4 prove that the person named on such card is a person with a

5 disability or for any other purpose unless the card is used for

6 the benefit of the person named on such card, and the person

7 named on such card consents to such use at the time the card is

8 so used.

9   An optometrist's determination of a visual disability

10 under Section 4A of this Act is acceptable as documentation

11 for the purpose of issuing an Illinois Person with a

12 Disability Identification Card.

13  When medical information is contained on an Illinois

14 Person with a Disability Identification Card, the Office of

15 the Secretary of State shall not be liable for any actions

16 taken based upon that medical information.

17  (c) The Secretary of State shall provide that each

18 original or renewal Illinois Identification Card or Illinois

19 Person with a Disability Identification Card issued to a

20 person under the age of 21 shall be of a distinct nature from

21 those Illinois Identification Cards or Illinois Person with a

22 Disability Identification Cards issued to individuals 21 years

23 of age or older. The color designated for Illinois

24 Identification Cards or Illinois Person with a Disability

25 Identification Cards for persons under the age of 21 shall be

26 at the discretion of the Secretary of State.
    SB2394 Enrolled  - 101 - LRB104 09208 AMC 19265 b

1   (c-1) Each original or renewal Illinois Identification

2 Card or Illinois Person with a Disability Identification Card

3 issued to a person under the age of 21 shall display the date

4 upon which the person becomes 18 years of age and the date upon

5 which the person becomes 21 years of age.

6   (c-3) The General Assembly recognizes the need to identify

7 military veterans living in this State for the purpose of

8 ensuring that they receive all of the services and benefits to

9 which they are legally entitled, including healthcare,

10 education assistance, and job placement. To assist the State

11 in identifying these veterans and delivering these vital

12 services and benefits, the Secretary of State is authorized to

13 issue Illinois Identification Cards and Illinois Person with a

14 Disability Identification Cards with the word "veteran"

15 appearing on the face of the cards. This authorization is

16 predicated on the unique status of veterans. The Secretary may

17 not issue any other identification card which identifies an

18 occupation, status, affiliation, hobby, or other unique

19 characteristics of the identification card holder which is

20 unrelated to the purpose of the identification card.

21  (c-5) Beginning on or before July 1, 2015, the Secretary

22 of State shall designate a space on each original or renewal

23 identification card where, at the request of the applicant,

24 the word "veteran" shall be placed. The veteran designation

25 shall be available to a person identified as a veteran under

26 subsection (b) of Section 5 of this Act who was discharged or
    SB2394 Enrolled    - 102 - LRB104 09208 AMC 19265 b

1 separated under honorable conditions.

2   (d) The Secretary of State may issue a Senior Citizen

3 discount card, to any natural person who is a resident of the

4 State of Illinois who is 60 years of age or older and who

5 applies for such a card or renewal thereof. The Secretary of

6 State shall charge no fee to issue such card. The card shall be

7 issued in every county and applications shall be made

8 available at, but not limited to, nutrition sites, senior

9 citizen centers and Area Agencies on Aging. The applicant,

10 upon receipt of such card and prior to its use for any purpose,

11 shall have affixed thereon in the space provided therefor his

12 signature or mark.

13  (e) The Secretary of State, in his or her discretion, may

14 designate on each Illinois Identification Card or Illinois

15 Person with a Disability Identification Card a space where the

16 card holder may place a sticker or decal, issued by the

17 Secretary of State, of uniform size as the Secretary may

18 specify, that shall indicate in appropriate language that the

19 card holder has renewed his or her Illinois Identification

20 Card or Illinois Person with a Disability Identification Card.

21  (f)(1) The Secretary of State may issue a mobile

22 identification card to an individual who is otherwise eligible

23 to hold a physical credential in addition to, and not instead

24 of, an identification card if the Secretary of State has

25 issued an identification card to the person. The data elements

26 that are used to build an electronic credential must match the
    SB2394 Enrolled            - 103 - LRB104 09208 AMC 19265 b

1 individual's current Department record.

2   (2) The Secretary may enter into agreements or contract

3 with an agency of the State, another state, the United States,

4 or a third party to facilitate the issuance, use, and

5 verification of a mobile identification card issued by the

6 Secretary or another state.

7   (3) Any mobile identification card issued by the Secretary

8 shall be in accordance with the most recent AAMVA standards.

9   (4) The Secretary shall design the mobile identification

10 card in a manner that allows the credential holder to maintain

11 physical possession of the device on which the mobile

12 identification card is accessed during verification.

13  (g) The verification process shall be implemented to

14 require:

15  (1) the relying parties to authenticate electronic

16  credentials in accordance with applicable AAMVA standards

17  prior to acceptance of the electronic credential;

18  (2) the Secretary to ensure that electronic credential

19  data is subject to all jurisdictional data security and

20  privacy protection laws and regulations; and

21  (3) the relying parties to request only electronic

22  credential data elements that are necessary to complete

23  the transaction for which data is being requested.

24  (h) Privacy and tracking of data shall be restricted by

25 implementing the following requirements:

26  (1) the relying parties shall retain only electronic
    SB2394 Enrolled  - 104 - LRB104 09208 AMC 19265 b

1   credential data elements for which the relying party

2   explicitly obtained consent from the electronic credential

3   holder and shall inform the electronic credential holder

4   of the use and retention period of the electronic data

5   elements;

6   (2) the Secretary shall use an electronic credential

7   system that is designed to maximize the privacy of the

8   credential holder in accordance with State and federal law

9   and shall not track or compile information without the

10  credential holder's consent; and

11  (3) the Department shall only compile and disclose

12  information regarding the use of the credential as

13  required by State or federal law.

14  (i)(1) The electronic credential holder shall be required

15 to have the holder's their physical credential on the holder's

16 their person for all purposes for which an identification card

17 is required. No person, public entity, private entity, or

18 agency shall establish a policy that requires an electronic

19 credential instead of a physical credential.

20  (2) Electronic credential systems shall be designed so

21 that there is no requirement for the electronic credential

22 holder to display or relinquish possession of the credential

23 holder's mobile device to relying parties for the acceptance

24 of an electronic credential.

25  (3) When required by law and upon request by law

26 enforcement, a credential holder must provide the credential
    SB2394 Enrolled  - 105 - LRB104 09208 AMC 19265 b

1 holder's physical credential.

2   (4) Any law or regulation that requires an individual to

3 surrender the individual's their physical credential to law

4 enforcement does not apply to the device on which an

5 electronic credential has been provisioned.

6   (j) A person may be required to produce when so requested a

7 physical identification card to a law enforcement officer, a

8 representative of a State or federal department or agency, or

9 a private entity and is subject to all applicable laws and

10 consequences for failure to produce such an identification

11 card.

12  (k) The Secretary of State shall adopt such rules as are

13 necessary to implement a mobile identification card.

14  (l) The display of a mobile identification card shall not

15 serve as consent or authorization for a law enforcement

16 officer, or any other person, to search, view, or access any

17 other data or application on the mobile device. If a person

18 presents the person's mobile device to a law enforcement

19 officer for purposes of displaying a mobile identification

20 card, the law enforcement officer shall promptly return the

21 mobile device to the person once the officer has had an

22 opportunity to verify the identity of the person. Except for

23 willful and wanton misconduct, any law enforcement officer,

24 court, or officer of the court presented with the device shall

25 be immune from any liability resulting from damage to the

26 mobile device.
    SB2394 Enrolled        - 106 - LRB104 09208 AMC 19265 b

1   (m) The fee to install the application to display a mobile

2 identification card as defined in this subsection shall not

3 exceed $6.

4   (n) As used in this Section:

5   "AAMVA" means the American Association of Motor Vehicle

6 Administrators.

7   "Credential" means a driver's license, learner's permit,

8 or identification card.

9   "Credential holder" means the individual to whom a mobile

10 driver's license or a mobile identification card is issued.

11  "Data element" means a distinct component of a customer's

12 information that is found on the Department's customer record.

13  "Department" means the Secretary of State Department of

14 Driver Services.

15  "Electronic credential" means an electronic extension of

16 the departmental issued physical credential that conveys

17 identity and complies with AAMVA's mobile driver license

18 Implementation guidelines and the ISO/IEC 18013-5 standard.

19  "Electronic credential system" means a digital process

20 that includes a method for provisioning electronic

21 credentials, requesting and transmitting electronic credential

22 data elements, and performing tasks to maintain the system.

23  "Full profile" means all the information provided on an

24 identification card.

25  "ISO" means the International Organization for

26 Standardization, which creates uniform processes and
    SB2394 Enrolled           - 107 - LRB104 09208 AMC 19265 b

1 procedures.

2   "Limited profile" means a portion of the information

3 provided on an Identification Card.

4   "Mobile identification card" means a data file that is

5 available on any mobile device that has connectivity to the

6 Internet through an application that allows the mobile device

7 to download the data file from the Secretary of State, that

8 contains all the data elements visible on the face and back of

9 an identification card, and that displays the current status

10 of the identification card. "Mobile identification card" does

11 not include a copy, photograph, or image of an Illinois

12 Identification Card that is not downloaded through the

13 application on a mobile device.

14  "Physical credential" means a Department-issued Department

15 issued document that conveys identity in accordance with the

16 Illinois Identification Card Act.

17  "Provision" means the initial loading of an electronic

18 credential onto a device.

19  "Relying party" means the entity to which the credential

20 holder presents the electronic credential.

21  "Verification process" means a method of authenticating

22 the electronic credential through the use of secured

23 encryption communication.

24  (o) (f) Upon providing the required documentation, at the

25 request of the applicant, the identification card may reflect

26 Gold Star Family designation. The Secretary shall designate a
    SB2394 Enrolled        - 108 - LRB104 09208 AMC 19265 b

1 space on each original or renewal of an identification card
2 for such designation. This designation shall be available to a
3 person eligible for Gold Star license plates under subsection
4 (f) of Section 6-106 of the Illinois Vehicle Code.
5 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
6 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff.
7 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised
8 11-26-24.)

9   (15 ILCS 335/5)

10  Sec. 5. Applications.

11  (a) Any natural person who is a resident of the State of

12 Illinois may file an application for an identification card,

13 or for the renewal thereof, in a manner prescribed by the

14 Secretary. Each original application shall be completed by the

15 applicant in full and shall set forth the legal name,

16 residence address and zip code, social security number, if the

17 person has a social security number, birth date, sex and a

18 brief description of the applicant. The applicant shall be

19 photographed, unless the Secretary of State has provided by

20 rule for the issuance of identification cards without

21 photographs and the applicant is deemed eligible for an

22 identification card without a photograph under the terms and

23 conditions imposed by the Secretary of State, and he or she

24 shall also submit any other information as the Secretary may

25 deem necessary or such documentation as the Secretary may
    SB2394 Enrolled  - 109 - LRB104 09208 AMC 19265 b

1 require to determine the identity of the applicant. In

2 addition to the residence address, the Secretary may allow the

3 applicant to provide a mailing address. If the applicant is an

4 employee of the Department of Children and Family Services

5 with a job title of "Child Protection Specialist Trainee",

6 "Child Protection Specialist", "Child Protection Advanced

7 Specialist", "Child Welfare Specialist Trainee", "Child

8 Welfare Specialist", or "Child Welfare Advanced Specialist" or

9 a judicial officer as defined in Section 1-10 of the Judicial

10 Privacy Act or a peace officer, the applicant may elect to have

11 his or her office or work address in lieu of the applicant's

12 residence or mailing address. An applicant for an Illinois

13 Person with a Disability Identification Card must also submit

14 with each original or renewal application, on forms prescribed

15 by the Secretary, such documentation as the Secretary may

16 require, establishing that the applicant is a "person with a

17 disability" as defined in Section 4A of this Act, and setting

18 forth the applicant's type and class of disability as set

19 forth in Section 4A of this Act. For the purposes of this

20 subsection (a), "peace officer" means any person who by virtue

21 of his or her office or public employment is vested by law with

22 a duty to maintain public order or to make arrests for a

23 violation of any penal statute of this State, whether that

24 duty extends to all violations or is limited to specific

25 violations.

26  (a-5) Upon the first issuance of a request for proposals
    SB2394 Enrolled  - 110 - LRB104 09208 AMC 19265 b

1 for a digital driver's license and identification card

2 issuance and facial recognition system issued after January 1,

3 2020 (the effective date of Public Act 101-513), and upon

4 implementation of a new or revised system procured pursuant to

5 that request for proposals, the Secretary shall permit

6 applicants to choose between "male", "female", or "non-binary"

7 when designating the applicant's sex on the identification

8 card application form. The sex designated by the applicant

9 shall be displayed on the identification card issued to the

10 applicant.

11  (b) Beginning on or before July 1, 2015, for each original

12 or renewal identification card application under this Act, the

13 Secretary shall inquire as to whether the applicant is a

14 veteran for purposes of issuing an identification card with a

15 veteran designation under subsection (c-5) of Section 4 of

16 this Act. The acceptable forms of proof shall include, but are

17 not limited to, Department of Defense form DD-214, Department

18 of Defense form DD-256 for applicants who did not receive a

19 form DD-214 upon the completion of initial basic training,

20 Department of Defense form DD-2 (Retired), an identification

21 card issued under the federal Veterans Identification Card Act

22 of 2015, or a United States Department of Veterans Affairs

23 summary of benefits letter. If the document cannot be stamped,

24 the Illinois Department of Veterans' Affairs shall provide a

25 certificate to the veteran to provide to the Secretary of

26 State. The Illinois Department of Veterans' Affairs shall
    SB2394 Enrolled      - 111 - LRB104 09208 AMC 19265 b

1 advise the Secretary as to what other forms of proof of a

2 person's status as a veteran are acceptable.

3   For each applicant who is issued an identification card

4 with a veteran designation, the Secretary shall provide the

5 Department of Veterans' Affairs with the applicant's name,

6 address, date of birth, gender, and such other demographic

7 information as agreed to by the Secretary and the Department.

8 The Department may take steps necessary to confirm the

9 applicant is a veteran. If after due diligence, including

10 writing to the applicant at the address provided by the

11 Secretary, the Department is unable to verify the applicant's

12 veteran status, the Department shall inform the Secretary, who

13 shall notify the applicant that he or she must confirm status

14 as a veteran, or the identification card will be canceled

15 cancelled.

16  For purposes of this subsection (b):

17  "Armed forces" means any of the Armed Forces of the United

18 States, including a member of any reserve component or

19 National Guard unit.

20  "Veteran" means a person who has served in the armed

21 forces and was discharged or separated under honorable

22 conditions.

23  (b-1) An applicant who is eligible for Gold Star license

24 plates under Section 3-664 of the Illinois Vehicle Code may

25 apply for an identification card with space for a designation

26 as a Gold Star Family. The Secretary may waive any fee for this
    SB2394 Enrolled  - 112 - LRB104 09208 AMC 19265 b

1 application. If the Secretary does not waive the fee, any fee

2 charged to the applicant must be deposited into the Illinois

3 Veterans Assistance Fund. The Secretary is authorized to issue

4 rules to implement this subsection.

5   (c) All applicants for REAL ID compliant standard Illinois

6 Identification Cards and Illinois Person with a Disability

7 Identification Cards shall provide proof of lawful status in

8 the United States as defined in 6 CFR 37.3, as amended.

9 Applicants who are unable to provide the Secretary with proof

10 of lawful status are ineligible for REAL ID compliant

11 identification cards under this Act.

12  (d) The Secretary of State may accept, as proof of date of

13 birth and written signature for any applicant for a standard

14 identification card who does not have a social security number

15 or documentation issued by the United States Department of

16 Homeland Security authorizing the applicant's presence in this

17 country, any passport validly issued to the applicant from the

18 applicant's country of citizenship or a consular

19 identification document validly issued to the applicant by a

20 consulate of that country as defined in Section 5 of the

21 Consular Identification Document Act. Any such documents must

22 be either unexpired or presented by an applicant within 2

23 years of its expiration date.

24 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;

25 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
    SB2394 Enrolled  - 113 - LRB104 09208 AMC 19265 b

1   (15 ILCS 335/12) (from Ch. 124, par. 32)

2   Sec. 12. Fees concerning standard Illinois Identification

3 Cards. The fees required under this Act for standard Illinois

4 Identification Cards must accompany any application provided

5 for in this Act, and the Secretary shall collect such fees as

6 follows:

7   a. Original card ..............................   $20

8   b. Renewal card ................................  20

9   c. Corrected card ..............................  10

10  d. Duplicate card ..............................  20

11  e. Certified copy with seal ....................  5

12  f. (Blank)

13  g. Applicant 65 years of age or over ..........   No Fee

14  h. (Blank)

15  i. Individual living in Veterans

16  Home or Hospital ..........................       No Fee

17  j. Original card under 18 years of age ........   $5

18  k. Renewal card under 18 years of age ..........  $5

19  l. Corrected card under 18 years of age ........  $5

20  m. Duplicate card under 18 years of age ........  $5

21  n. Homeless person ............................   No Fee

22  o. Duplicate card issued to an active-duty

23  member of the United States Armed Forces,

24  the member's spouse, or dependent children

25  living with the member ....................       No Fee

26  p. Duplicate temporary card ....................  $5
    SB2394 Enrolled  - 114 - LRB104 09208 AMC 19265 b

1   q. First card issued to a youth

2   for whom the Department of Children

3   and Family Services is legally responsible

4   or a foster child upon turning the age of

5   16 years old until he or she reaches

6   the age of 21 years old ....................  No Fee

7   r. Original card issued to a committed

8   person upon release from the

9   Department of Corrections, the

10  Department of Juvenile Justice,

11  a Federal Bureau of Prisons

12  facility located in Illinois,

13  or a county jail or a county

14  department of corrections ..................  No Fee

15  s. Limited-term Illinois Identification

16  Card issued to a committed person

17  upon release from the Department of

18  Corrections, the Department of

19  Juvenile Justice, a Federal Bureau

20  of Prisons facility located in

21  Illinois, or a county jail or a

22  county department of corrections ..........   No Fee

23  t. Original card issued to a

24  person up to 14 days prior

25  to or upon conditional release

26  or absolute discharge from
    SB2394 Enrolled  - 115 - LRB104 09208 AMC 19265 b

1   the Department of Human Services ..........   No Fee

2   u. Limited-term Illinois Identification

3   Card issued to a person up to

4   14 days prior to or upon

5   conditional release or absolute discharge

6   from the Department of Human Services ......  No Fee

7

8   All fees collected under this Act shall be paid into the

9 Road Fund of the State treasury, except that the following

10 amounts shall be paid into the General Revenue Fund: (i) 80% of

11 the fee for an original, renewal, or duplicate Illinois

12 Identification Card issued on or after January 1, 2005; and

13 (ii) 80% of the fee for a corrected Illinois Identification

14 Card issued on or after January 1, 2005.

15  An individual, who resides in a veterans home or veterans

16 hospital operated by the State or federal government, who

17 makes an application for an Illinois Identification Card to be

18 issued at no fee, must submit, along with the application, an

19 affirmation by the applicant on a form provided by the

20 Secretary of State, that such person resides in a veterans

21 home or veterans hospital operated by the State or federal

22 government.

23  The application of a homeless individual for an Illinois

24 Identification Card to be issued at no fee must be accompanied

25 by an affirmation by a qualified person, as defined in Section

26 4C of this Act, on a form provided by the Secretary of State,
    SB2394 Enrolled  - 116 - LRB104 09208 AMC 19265 b

1 that the applicant is currently homeless as defined in Section

2 1A of this Act.

3   For the application for the first Illinois Identification

4 Card of a youth for whom the Department of Children and Family

5 Services is legally responsible or a foster child to be issued

6 at no fee, the youth must submit, along with the application,

7 an affirmation by his or her court appointed attorney or an

8 employee of the Department of Children and Family Services on

9 a form provided by the Secretary of State, that the person is a

10 youth for whom the Department of Children and Family Services

11 is legally responsible or a foster child.

12  The fee for any duplicate identification card shall be

13 waived for any person who presents the Secretary of State's

14 Office with a police report showing that his or her

15 identification card was stolen.

16  The fee for any duplicate identification card shall be

17 waived for any person age 60 or older whose identification

18 card has been lost or stolen.

19  As used in this Section, "active-duty member of the United

20 States Armed Forces" means a member of the Armed Services or

21 Reserve Forces of the United States or a member of the Illinois

22 National Guard who is called to active duty pursuant to an

23 executive order of the President of the United States, an act

24 of the Congress of the United States, or an order of the

25 Governor.

26 (Source: P.A. 103-782, eff. 8-6-24; revised 10-21-24.)
    SB2394 Enrolled         - 117 - LRB104 09208 AMC 19265 b

1   Section 65. The State Treasurer Act is amended by changing

2 Section 16.8 as follows:

3   (15 ILCS 505/16.8)

4   Sec. 16.8. Illinois Higher Education Savings Program.

5   (a) Definitions. As used in this Section:

6   "Beneficiary" means an eligible child named as a recipient

7 of seed funds.

8   "Eligible child" means a child born or adopted after

9 December 31, 2022, to a parent who is a resident of Illinois at

10 the time of the birth or adoption, as evidenced by

11 documentation received by the State Treasurer from the

12 Department of Revenue, the Department of Public Health,

13 another State or local government agency, or a parent or legal

14 guardian of the child.

15  "Eligible educational institution" means institutions that

16 are described in Section 1001 of the federal Higher Education

17 Act of 1965 that are eligible to participate in Department of

18 Education student aid programs.

19  "Fund" means the Illinois Higher Education Savings Program

20 Fund.

21  "Omnibus account" means the pooled collection of seed

22 funds owned and managed by the State Treasurer in the College

23 Savings Pool under this Act.

24  "Program" means the Illinois Higher Education Savings
    SB2394 Enrolled  - 118 - LRB104 09208 AMC 19265 b

1 Program.

2   "Qualified higher education expense" means the following:

3 (i) tuition, fees, and the costs of books, supplies, and

4 equipment required for enrollment or attendance at an eligible

5 educational institution; (ii) expenses for special needs

6 services, in the case of a special needs beneficiary, which

7 are incurred in connection with such enrollment or attendance;

8 (iii) certain expenses for the purchase of computer or

9 peripheral equipment, computer software, or Internet access

10 and related services as defined under Section 529 of the

11 Internal Revenue Code; (iv) room and board expenses incurred

12 while attending an eligible educational institution at least

13 half-time; (v) expenses for fees, books, supplies, and

14 equipment required for the participation of a designated

15 beneficiary in an apprenticeship program registered and

16 certified with the Secretary of Labor under the National

17 Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as

18 principal or interest on any qualified education loan of the

19 designated beneficiary or a sibling of the designated

20 beneficiary, as allowed under Section 529 of the Internal

21 Revenue Code.

22  "Seed funds" means the deposit made by the State Treasurer

23 into the Omnibus Accounts for Program beneficiaries.

24  (b) Program established. The State Treasurer shall

25 establish the Illinois Higher Education Savings Program as a

26 part of the College Savings Pool under Section 16.5 of this
    SB2394 Enrolled  - 119 - LRB104 09208 AMC 19265 b

1 Act, subject to appropriation by the General Assembly. The

2 State Treasurer shall administer the Program for the purposes

3 of expanding access to higher education through savings.

4   (c) Program enrollment. The State Treasurer shall enroll

5 all eligible children in the Program beginning in 2023, after

6 receiving records of recent births, adoptions, or dependents

7 from the Department of Revenue, the Department of Public

8 Health, another State or local government agency designated by

9 the State Treasurer, or documentation as may be required by

10 the State Treasurer from a parent or legal guardian of the

11 eligible child. Notwithstanding any court order which would

12 otherwise prevent the release of information, the Department

13 of Public Health is authorized to release the information

14 specified under this subsection (c) to the State Treasurer for

15 the purposes of the Program established under this Section.

16  (1) Beginning in 2021, the Department of Public Health

17  shall provide the State Treasurer with information on

18  recent Illinois births and adoptions including, but not

19  limited to: the full name, residential address, birth

20  date, and birth record number of the child and the full

21  name and residential address of the child's parent or

22  legal guardian for the purpose of enrolling eligible

23  children in the Program. This data shall be provided to

24  the State Treasurer by the Department of Public Health on

25  a quarterly basis, no later than 30 days after the end of

26  each quarter, or some other date and frequency as mutually
    SB2394 Enrolled  - 120 - LRB104 09208 AMC 19265 b

1   agreed to by the State Treasurer and the Department of

2   Public Health.

3   (1.5) Beginning in 2021, the Department of Revenue

4   shall provide the State Treasurer with information on tax

5   filers claiming dependents or the adoption tax credit,

6   including, but not limited to: the full name, residential

7   address, email address, phone number, birth date, and

8   social security number or taxpayer identification number

9   of the dependent child and of the child's parent or legal

10  guardian for the purpose of enrolling eligible children in

11  the Program. Beginning July 1, 2024, the Department of

12  Revenue shall provide the State Treasurer with the

13  adjusted gross income of tax filers claiming dependents or

14  the adoption tax credit. This data shall be provided to

15  the State Treasurer by the Department of Revenue on at

16  least an annual basis, by July 1 of each year or another

17  date jointly determined by the State Treasurer and the

18  Department of Revenue. Notwithstanding anything to the

19  contrary contained within this paragraph (2), the

20  Department of Revenue shall not be required to share any

21  information that would be contrary to federal law,

22  regulation, or Internal Revenue Service Publication 1075.

23  (2) The State Treasurer shall ensure the security and

24  confidentiality of the information provided by the

25  Department of Revenue, the Department of Public Health, or

26  another State or local government agency, and it shall not
    SB2394 Enrolled  - 121 - LRB104 09208 AMC 19265 b

1   be subject to release under the Freedom of Information

2   Act.

3   (3) Information provided under this Section shall only

4   be used by the State Treasurer for the Program and shall

5   not be used for any other purpose.

6   (4) The State Treasurer and any vendors working on the

7   Program shall maintain strict confidentiality of any

8   information provided under this Section, and shall

9   promptly provide written or electronic notice to the

10  providing agency of any security breach. The providing

11  State or local government agency shall remain the sole and

12  exclusive owner of information provided under this

13  Section.

14  (d) Seed funds. After receiving information on recent

15 births, adoptions, or dependents from the Department of

16 Revenue, the Department of Public Health, another State or

17 local government agency, or documentation as may be required

18 by the State Treasurer from a parent or legal guardian of the

19 eligible child, the State Treasurer shall make deposits into

20 an omnibus account on behalf of eligible children. The State

21 Treasurer shall be the owner of the omnibus accounts.

22  (1) Deposit amount. The seed fund deposit for each

23  eligible child shall be in the amount of $50. This amount

24  may be increased by the State Treasurer by rule. The State

25  Treasurer may use or deposit funds appropriated by the

26  General Assembly together with moneys received as gifts,
    SB2394 Enrolled         - 122 - LRB104 09208 AMC 19265 b

1   grants, or contributions into the Fund. If insufficient

2   funds are available in the Fund, the State Treasurer may

3   reduce the deposit amount or forgo forego deposits.

4   (2) Use of seed funds. Seed funds, including any

5   interest, dividends, and other earnings accrued, will be

6   eligible for use by a beneficiary for qualified higher

7   education expenses if:

8           (A) the parent or guardian of the eligible child

9   claimed the seed funds for the beneficiary by the

10  beneficiary's 10th birthday;

11          (B) the beneficiary has completed secondary

12  education or has reached the age of 18; and

13          (C) the beneficiary is currently a resident of the

14  State of Illinois. Non-residents are not eligible to

15  claim or use seed funds.

16  (3) Notice of seed fund availability. The State

17  Treasurer shall make a good faith effort to notify

18  beneficiaries and their parents or legal guardians of the

19  seed funds' availability and the deadline to claim such

20  funds.

21  (4) Unclaimed seed funds. Seed funds and any interest

22  earnings that are unclaimed by the beneficiary's 10th

23  birthday or unused by the beneficiary's 26th birthday will

24  be considered forfeited. Unclaimed and unused seed funds

25  and any interest earnings will remain in the omnibus

26  account for future beneficiaries.
    SB2394 Enrolled        - 123 - LRB104 09208 AMC 19265 b

1   (e) Financial education. The State Treasurer may develop

2 educational materials that support the financial literacy of

3 beneficiaries and their legal guardians, and may do so in

4 collaboration with State and federal agencies, including, but

5 not limited to, the Illinois State Board of Education and

6 existing nonprofit agencies with expertise in financial

7 literacy and education.

8   (f) Supplementary deposits and partnerships. The State

9 Treasurer may make supplementary deposits if sufficient funds

10 are available and if funds are deposited into the omnibus

11 accounts as described in subsection (d). Subject to

12 appropriation, the State Treasurer may make supplementary

13 deposits of $50, or greater if designated by the State

14 Treasurer by rule, into the account of each beneficiary whose

15 parent or legal guardian has an adjusted gross income below

16 the Illinois median household income as determined by the most

17 recent U.S. Census Bureau American Community Survey 5-Year

18 Data for the previous calendar year. The supplementary

19 deposits shall be limited to one deposit per beneficiary.

20 Furthermore, the State Treasurer may develop partnerships with

21 private, nonprofit, or governmental organizations to provide

22 additional savings incentives, including conditional cash

23 transfers or matching contributions that provide a savings

24 incentive based on specific actions taken or other criteria.

25  (g) Illinois Higher Education Savings Program Fund. The

26 Illinois Higher Education Savings Program Fund is hereby
SB2394 Enrolled  - 124 - LRB104 09208 AMC 19265 b

 1 established as a special fund in the State treasury. The Fund
 2 shall be the official repository of all contributions,
 3 appropriated funds, interest, and dividend payments, gifts, or
 4 other financial assets received by the State Treasurer in
 5 connection with the operation of the Program or related
 6 partnerships. All such moneys shall be deposited into the Fund
 7 and held by the State Treasurer as custodian thereof. The
 8 State Treasurer may accept gifts, grants, awards, matching
 9 contributions, interest income, and appropriated funds from
10 individuals, businesses, governments, and other third-party
11 sources to implement the Program on terms that the State
12 Treasurer deems advisable. All interest or other earnings
13 accruing or received on amounts in the Illinois Higher
14 Education Savings Program Fund shall be credited to and
15 retained by the Fund and used for the benefit of the Program.
16 Assets of the Fund must at all times be preserved, invested,
17 and expended only for the purposes of the Program and must be
18 held for the benefit of the beneficiaries. Assets may not be
19 transferred or used by the State or the State Treasurer for any
20 purposes other than the purposes of the Program. In addition,
21 no moneys, interest, or other earnings paid into the Fund
22 shall be used, temporarily or otherwise, for inter-fund
23 borrowing or be otherwise used or appropriated except as
24 expressly authorized by this Act. Notwithstanding the
25 requirements of this subsection (g), amounts in the Fund may
26 be used by the State Treasurer to pay the administrative costs
    SB2394 Enrolled  - 125 - LRB104 09208 AMC 19265 b

1 of the Program.

2   (g-5) Fund deposits and payments. On July 15 of each year,

3 beginning July 15, 2023, or as soon thereafter as practical,

4 the State Comptroller shall direct and the State Treasurer

5 shall transfer the sum of $2,500,000, or the amount that is

6 appropriated annually by the General Assembly, whichever is

7 greater, from the General Revenue Fund to the Illinois Higher

8 Education Savings Program Fund to be used for the

9 administration and operation of the Program.

10  (h) Audits and reports. The State Treasurer shall include

11 the Illinois Higher Education Savings Program as part of the

12 audit of the College Savings Pool described in Section 16.5.

13 The State Treasurer shall annually prepare a report that

14 includes a summary of the Program operations for the preceding

15 fiscal year, including the number of children enrolled in the

16 Program, the total amount of seed fund deposits, the rate of

17 seed deposits claimed, and, to the extent data is reported and

18 available, the racial, ethnic, socioeconomic, and geographic

19 data of beneficiaries and of children who may receive

20 automatic bonus deposits. Such other information that is

21 relevant to make a full disclosure of the operations of the

22 Program and Fund may also be reported. The report shall be made

23 available on the State Treasurer's website by January 31 each

24 year, starting in January of 2024. The State Treasurer may

25 include the Program in other reports as warranted.

26  (i) Rules. The State Treasurer may adopt rules necessary
    SB2394 Enrolled       - 126 - LRB104 09208 AMC 19265 b

1 to implement this Section.
2 (Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21;
3 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23; 103-604, eff.
4 7-1-24; 103-778, eff. 8-2-24; revised 10-7-24.)

5   Section 70. The Civil Administrative Code of Illinois is

6 amended by changing Sections 5-10 and 5-717 as follows:

7   (20 ILCS 5/5-10)

8   Sec. 5-10. "Director". As used in the Civil Administrative

9 Code of Illinois, unless the context clearly indicates

10 otherwise, the word "director" means the directors of the

11 departments of State government as designated in Section 5-20

12 of this Law and includes the Secretary of Early Childhood, the

13 Secretary of Financial and Professional Regulation, the

14 Secretary of Innovation and Technology, the Secretary of Human

15 Services, and the Secretary of Transportation.

16 (Source: P.A. 103-594, eff. 6-25-24; 103-708, eff. 1-1-25;

17 revised 11-26-24.)

18  (20 ILCS 5/5-717)

19  Sec. 5-717. Military portability licensure for service

20 members and service members' spouses.

21  (a) In this Section:

22  "Division" means the Division of Professional Regulation

23 of the Department of Financial and Professional Regulation or
    SB2394 Enrolled         - 127 - LRB104 09208 AMC 19265 b

1 the Division of Real Estate of the Department of Financial and

2 Professional Regulation.

3   "Service member" means any person who, at the time of

4 application under this Section, is an active duty member of

5 the United States Armed Forces or any reserve component of the

6 United States Armed Forces, the Coast Guard, or the National

7 Guard of any state, commonwealth, or territory of the United

8 States or the District of Columbia.

9   "Spouse" means a party to a marriage, civil union, or

10 registered domestic partnership.

11  (b) The Department of Financial and Professional

12 Regulation is authorized to issue a professional portability

13 license to (1) a service member who is an out-of-state

14 licensee and is under official United States military orders

15 to relocate to the State of Illinois or (2) an out-of-state

16 licensee whose spouse is a service member under official

17 United States military orders to relocate to the State of

18 Illinois. The service member or the service member's spouse

19 need not reside in this State at the time of application.

20 Notwithstanding any other law to the contrary, the portability

21 license shall be issued by the Division only if the applicant

22 fulfills all the requirements of this Section and Section

23 2105-135 of the Department of Professional Regulation Law of

24 the Civil Administrative Code of Illinois.

25  (c) The portability license shall be issued after a

26 complete application is submitted to the Division that
    SB2394 Enrolled    - 128 - LRB104 09208 AMC 19265 b

1 includes proof of the following:

2   (1) The applicant is a service member or the spouse of

3   a service member.

4   (2) The applicant or applicant's spouse is assigned to

5   a duty station in this State, has established legal

6   residence or will reside in this State pursuant to

7   military relocation orders after the date of application,

8   and can provide an official copy of those orders.

9   (3) The applicant's license is in good standing and is

10  not subject to a disciplinary order encumbering the

11  license in any other state, commonwealth, district, or

12  territory of the United States or any foreign jurisdiction

13  where the applicant holds a license and practices in the

14  same profession with the same or similar scope of practice

15  for which the applicant is applying, and the applicant can

16  submit official verification of good standing and

17  disciplinary history from each of those licensing

18  authorities. For health care professional applicants, the

19  Division's review of good standing is governed by this

20  subsection, subsection (h), and all other applicable State

21  laws and rules.

22  (4) The applicant was actively licensed in the same

23  profession with the same or similar scope of practice for

24  which the applicant is applying for at least 2 years

25  immediately preceding the relocation.

26  (5) A complete set of the applicant's fingerprints has
    SB2394 Enrolled  - 129 - LRB104 09208 AMC 19265 b

1   been submitted to the Illinois State Police for statewide

2   and national criminal history checks, if applicable to the

3   requirements of the professional regulatory Act. The

4   applicant shall pay the fee to the Illinois State Police

5   or to the vendor for electronic fingerprint processing. No

6   license shall be issued to an applicant if any review of

7   criminal history or disclosure would cause the denial of

8   an application for licensure under the applicable

9   licensing Act.

10  (6) The applicant has submitted the application for

11  portability licensure and paid the required, nonrefundable

12  initial application fee for that profession under its

13  respective Act and rules.

14  (d) Service members or the spouses of service members

15 granted portability licenses under this Section shall submit

16 to the jurisdiction of the Division for purposes of the laws

17 and rules administered, related standards of practice, and

18 disciplinary authority. A license granted under this Section

19 is subject to all statutes, rules, and regulations governing

20 the license. This includes compliance with renewal and

21 continuing education requirements of the licensing act and

22 rules adopted during the period of licensure.

23  (e) Notwithstanding any other law, if the Division finds

24 that the applicant failed to meet the requirements of

25 subsection (c) or provided inaccurate or misleading

26 information on the application, the Division may suspend the
    SB2394 Enrolled          - 130 - LRB104 09208 AMC 19265 b

1 license pending further investigation or notice to discipline

2 the portability license.

3   (f)(1) The duration of the portability license is from

4 issuance through the next renewal period for that regulated

5 profession. At the time of the license's renewal, the service

6 member or the service member's spouse may apply for another

7 portability license if the military orders continue or are

8 extended past the renewal date or if new orders are given for

9 duty in this State. While the portability license is held, the

10 service member or the service member's spouse may apply for

11 full licensure by examination, endorsement, or reciprocity

12 pursuant to the service member's or the service member's

13 spouse's respective professional licensing Act or rules.

14  (2) Once a portability license has expired or is not

15 renewed, the service member or the service member's spouse

16 cannot continue practicing in this State until the service

17 member or the service member's spouse obtains licensure by

18 examination, endorsement, or reciprocity, which includes

19 completion and passage of all pre-license education and

20 examination requirements under the applicable professional

21 licensing Act and rules.

22  (g) An individual is ineligible to apply under this

23 Section if:

24  (1) the individual is disqualified under Section

25  2105-165;

26  (2) the license the individual is seeking is subject
    SB2394 Enrolled  - 131 - LRB104 09208 AMC 19265 b

1   to an interstate compact; or

2   (3) the individual seeks a real estate appraiser

3   license.

4   (h) All service members and the spouses of service members

5 who apply under this Section and Section 5-715 who are

6 licensed in another jurisdiction as health care professionals,

7 and who are seeking a health care professional license

8 regulated by the Division and subject to the applicable

9 licensing Acts shall not be denied an initial or renewal

10 license:

11  (1) if the applicant has a prior, current, or pending

12  disciplinary action in another jurisdiction solely based

13  on providing, authorizing, recommending, aiding,

14  assisting, referring for, or otherwise participating in

15  health care services that are not unlawful in this State

16  and consistent with the standards of conduct in Illinois;

17  (2) if the applicant has a prior, current, or pending

18  disciplinary action in another jurisdiction solely based

19  on violating another jurisdiction or state's laws

20  prohibiting the provision of, authorization of,

21  recommendation of, aiding or assisting in, referring for,

22  or participation in any health care service if that

23  service as provided is not unlawful under the laws of this

24  State and is consistent with the standards of conduct in

25  Illinois; or

26  (3) based solely upon the applicant providing,
    SB2394 Enrolled     - 132 - LRB104 09208 AMC 19265 b

1   authorizing, recommending, aiding, assisting, referring

2   for, or otherwise participating in health care services

3   that are not unlawful in this State and consistent with

4   the standards of conduct in Illinois.

5   Nothing in this subsection shall be construed as

6 prohibiting the Division from evaluating the applicant's

7 conduct and disciplinary history and making a determination

8 regarding the licensure or authorization to practice.

9   (i) The Department of Financial and Professional

10 Regulation may adopt rules necessary for the implementation

11 and administration of this Section.

12 (Source: P.A. 103-708, eff. 1-1-25; revised 12-1-24.)

13  Section 75. The Illinois Act on the Aging is amended by

14 changing Sections 4.01, 4.02, and 4.04 as follows:

15  (20 ILCS 105/4.01)

16  Sec. 4.01. Additional powers and duties of the Department.

17 In addition to powers and duties otherwise provided by law,

18 the Department shall have the following powers and duties:

19  (1) To evaluate all programs, services, and facilities for

20 the aged and for minority senior citizens within the State and

21 determine the extent to which present public or private

22 programs, services, and facilities meet the needs of the aged.

23  (2) To coordinate and evaluate all programs, services, and

24 facilities for the aging Aging and for minority senior
    SB2394 Enrolled  - 133 - LRB104 09208 AMC 19265 b

1 citizens presently furnished by State agencies and make

2 appropriate recommendations regarding such services, programs,

3 and facilities to the Governor and/or the General Assembly.

4   (2-a) To request, receive, and share information

5 electronically through the use of data-sharing agreements for

6 the purpose of (i) establishing and verifying the initial and

7 continuing eligibility of older adults to participate in

8 programs administered by the Department; (ii) maximizing

9 federal financial participation in State assistance

10 expenditures; and (iii) investigating allegations of fraud or

11 other abuse of publicly funded benefits. Notwithstanding any

12 other law to the contrary, but only for the limited purposes

13 identified in the preceding sentence, this paragraph (2-a)

14 expressly authorizes the exchanges of income, identification,

15 and other pertinent eligibility information by and among the

16 Department and the Social Security Administration, the

17 Department of Employment Security, the Department of

18 Healthcare and Family Services, the Department of Human

19 Services, the Department of Revenue, the Secretary of State,

20 the U.S. Department of Veterans Affairs, and any other

21 governmental entity. The confidentiality of information

22 otherwise shall be maintained as required by law. In addition,

23 the Department on Aging shall verify employment information at

24 the request of a community care provider for the purpose of

25 ensuring program integrity under the Community Care Program.

26  (3) To function as the sole State agency to develop a
    SB2394 Enrolled  - 134 - LRB104 09208 AMC 19265 b

1 comprehensive plan to meet the needs of the State's senior

2 citizens and the State's minority senior citizens.

3   (4) To receive and disburse State and federal funds made

4 available directly to the Department including those funds

5 made available under the Older Americans Act and the Senior

6 Community Service Employment Program for providing services

7 for senior citizens and minority senior citizens or for

8 purposes related thereto, and shall develop and administer any

9 State Plan for the Aging required by federal law.

10  (5) To solicit, accept, hold, and administer in behalf of

11 the State any grants or legacies of money, securities, or

12 property to the State of Illinois for services to senior

13 citizens and minority senior citizens or purposes related

14 thereto.

15  (6) To provide consultation and assistance to communities,

16 area agencies on aging, and groups developing local services

17 for senior citizens and minority senior citizens.

18  (7) To promote community education regarding the problems

19 of senior citizens and minority senior citizens through

20 institutes, publications, radio, television, and the local

21 press.

22  (8) To cooperate with agencies of the federal government

23 in studies and conferences designed to examine the needs of

24 senior citizens and minority senior citizens and to prepare

25 programs and facilities to meet those needs.

26  (9) To establish and maintain information and referral
    SB2394 Enrolled         - 135 - LRB104 09208 AMC 19265 b

1 sources throughout the State when not provided by other

2 agencies.

3   (10) To provide the staff support that may reasonably be

4 required by the Council.

5   (11) To make and enforce rules and regulations necessary

6 and proper to the performance of its duties.

7   (12) To establish and fund programs or projects or

8 experimental facilities that are specially designed as

9 alternatives to institutional care.

10  (13) To develop a training program to train the counselors

11 presently employed by the Department's aging network to

12 provide Medicare beneficiaries with counseling and advocacy in

13 Medicare, private health insurance, and related health care

14 coverage plans.

15  (14) To make a grant to an institution of higher learning

16 to study the feasibility of establishing and implementing an

17 affirmative action employment plan for the recruitment,

18 hiring, training and retraining of persons 60 or more years

19 old for jobs for which their employment would not be precluded

20 by law.

21  (15) To present one award annually in each of the

22 categories of community service, education, the performance

23 and graphic arts, and the labor force to outstanding Illinois

24 senior citizens and minority senior citizens in recognition of

25 their individual contributions to either community service,

26 education, the performance and graphic arts, or the labor
    SB2394 Enrolled  - 136 - LRB104 09208 AMC 19265 b

1 force. Nominations shall be solicited from senior citizens'

2 service providers, area agencies on aging, senior citizens'

3 centers, and senior citizens' organizations. If there are no

4 nominations in a category, the Department may award a second

5 person in one of the remaining categories. The Department

6 shall establish a central location within the State to be

7 designated as the Senior Illinoisans Hall of Fame for the

8 public display of all the annual awards, or replicas thereof.

9   (16) To establish multipurpose senior centers through area

10 agencies on aging and to fund those new and existing

11 multipurpose senior centers through area agencies on aging,

12 the establishment and funding to begin in such areas of the

13 State as the Department shall designate by rule and as

14 specifically appropriated funds become available.

15  (17) (Blank).

16  (18) To develop a pamphlet in English and Spanish which

17 may be used by physicians licensed to practice medicine in all

18 of its branches pursuant to the Medical Practice Act of 1987,

19 pharmacists licensed pursuant to the Pharmacy Practice Act,

20 and Illinois residents 65 years of age or older for the purpose

21 of assisting physicians, pharmacists, and patients in

22 monitoring prescriptions provided by various physicians and to

23 aid persons 65 years of age or older in complying with

24 directions for proper use of pharmaceutical prescriptions. The

25 pamphlet may provide space for recording information,

26 including, but not limited to, the following:
    SB2394 Enrolled          - 137 - LRB104 09208 AMC 19265 b

1   (a) name and telephone number of the patient;

2   (b) name and telephone number of the prescribing

3   physician;

4   (c) date of prescription;

5   (d) name of drug prescribed;

6   (e) directions for patient compliance; and

7   (f) name and telephone number of dispensing pharmacy.

8   In developing the pamphlet, the Department shall consult

9 with the Illinois State Medical Society, the Center for

10 Minority Health Services, the Illinois Pharmacists

11 Association, and senior citizens organizations. The Department

12 shall distribute the pamphlets to physicians, pharmacists and

13 persons 65 years of age or older or various senior citizen

14 organizations throughout the State.

15  (19) To conduct a study of the feasibility of implementing

16 the Senior Companion Program throughout the State.

17  (20) The reimbursement rates paid through the community

18 care program for chore housekeeping services and home care

19 aides shall be the same.

20  (21) (Blank).

21  (22) To distribute, through its area agencies on aging,

22 information alerting seniors on safety issues regarding

23 emergency weather conditions, including extreme heat and cold,

24 flooding, tornadoes, electrical storms, and other severe storm

25 weather. The information shall include all necessary

26 instructions for safety and all emergency telephone numbers of
    SB2394 Enrolled  - 138 - LRB104 09208 AMC 19265 b

1 organizations that will provide additional information and

2 assistance.

3   (23) To develop guidelines for the organization and

4 implementation of Volunteer Services Credit Programs to be

5 administered by Area Agencies on Aging or community-based

6 community based senior service organizations. The Department

7 shall hold public hearings on the proposed guidelines for

8 public comment, suggestion, and determination of public

9 interest. The guidelines shall be based on the findings of

10 other states and of community organizations in Illinois that

11 are currently operating volunteer services credit programs or

12 demonstration volunteer services credit programs. The

13 Department shall offer guidelines for all aspects of the

14 programs, including, but not limited to, the following:

15  (a) types of services to be offered by volunteers;

16  (b) types of services to be received upon the

17  redemption of service credits;

18  (c) issues of liability for the volunteers and the

19  administering organizations;

20  (d) methods of tracking service credits earned and

21  service credits redeemed;

22  (e) issues of time limits for redemption of service

23  credits;

24  (f) methods of recruitment of volunteers;

25  (g) utilization of community volunteers, community

26  service groups, and other resources for delivering
    SB2394 Enrolled     - 139 - LRB104 09208 AMC 19265 b

1   services to be received by service credit program clients;

2        (h) accountability and assurance that services will be

3   available to individuals who have earned service credits;

4   and

5        (i) volunteer screening and qualifications.

6   (24) To function as the sole State agency to receive and

7 disburse State and federal funds for providing adult

8 protective services in a domestic living situation in

9 accordance with the Adult Protective Services Act.

10  (25) To hold conferences, trainings, and other programs

11 for which the Department shall determine by rule a reasonable

12 fee to cover related administrative costs. Rules to implement

13 the fee authority granted by this paragraph (25) must be

14 adopted in accordance with all provisions of the Illinois

15 Administrative Procedure Act and all rules and procedures of

16 the Joint Committee on Administrative Rules; any purported

17 rule not so adopted, for whatever reason, is unauthorized.

18 (Source: P.A. 103-616, eff. 7-1-24; 103-670, eff. 1-1-25;

19 revised 11-26-24.)

20  (20 ILCS 105/4.02)

21  Sec. 4.02. Community Care Program. The Department shall

22 establish a program of services to prevent unnecessary

23 institutionalization of persons age 60 and older in need of

24 long term care or who are established as persons who suffer

25 from Alzheimer's disease or a related disorder under the
    SB2394 Enrolled         - 140 - LRB104 09208 AMC 19265 b

1 Alzheimer's Disease Assistance Act, thereby enabling them to

2 remain in their own homes or in other living arrangements.

3 Such preventive services, which may be coordinated with other

4 programs for the aged, may include, but are not limited to, any

5 or all of the following:

6   (a) (blank);

7   (b) (blank);

8   (c) home care aide services;

9   (d) personal assistant services;

10  (e) adult day services;

11  (f) home-delivered meals;

12  (g) education in self-care;

13  (h) personal care services;

14  (i) adult day health services;

15  (j) habilitation services;

16  (k) respite care;

17  (k-5) community reintegration services;

18  (k-6) flexible senior services;

19  (k-7) medication management;

20  (k-8) emergency home response;

21  (l) other nonmedical social services that may enable

22  the person to become self-supporting; or

23  (m) (blank).

24  The Department shall establish eligibility standards for

25 such services. In determining the amount and nature of

26 services for which a person may qualify, consideration shall
    SB2394 Enrolled  - 141 - LRB104 09208 AMC 19265 b

1 not be given to the value of cash, property, or other assets

2 held in the name of the person's spouse pursuant to a written

3 agreement dividing marital property into equal but separate

4 shares or pursuant to a transfer of the person's interest in a

5 home to his spouse, provided that the spouse's share of the

6 marital property is not made available to the person seeking

7 such services.

8   The Department shall require as a condition of eligibility

9 that all new financially eligible applicants apply for and

10 enroll in medical assistance under Article V of the Illinois

11 Public Aid Code in accordance with rules promulgated by the

12 Department.

13  The Department shall, in conjunction with the Department

14 of Public Aid (now Department of Healthcare and Family

15 Services), seek appropriate amendments under Sections 1915 and

16 1924 of the Social Security Act. The purpose of the amendments

17 shall be to extend eligibility for home and community based

18 services under Sections 1915 and 1924 of the Social Security

19 Act to persons who transfer to or for the benefit of a spouse

20 those amounts of income and resources allowed under Section

21 1924 of the Social Security Act. Subject to the approval of

22 such amendments, the Department shall extend the provisions of

23 Section 5-4 of the Illinois Public Aid Code to persons who, but

24 for the provision of home or community-based services, would

25 require the level of care provided in an institution, as is

26 provided for in federal law. Those persons no longer found to
SB2394 Enrolled  - 142 - LRB104 09208 AMC 19265 b

 1 be eligible for receiving noninstitutional services due to
 2 changes in the eligibility criteria shall be given 45 days
 3 notice prior to actual termination. Those persons receiving
 4 notice of termination may contact the Department and request
 5 the determination be appealed at any time during the 45 day
 6 notice period. The target population identified for the
 7 purposes of this Section are persons age 60 and older with an
 8 identified service need. Priority shall be given to those who
 9 are at imminent risk of institutionalization. The services
10 shall be provided to eligible persons age 60 and older to the
11 extent that the cost of the services together with the other
12 personal maintenance expenses of the persons are reasonably
13 related to the standards established for care in a group
14 facility appropriate to the person's condition. These
15 noninstitutional non-institutional services, pilot projects,
16 or experimental facilities may be provided as part of or in
17 addition to those authorized by federal law or those funded
18 and administered by the Department of Human Services. The
19 Departments of Human Services, Healthcare and Family Services,
20 Public Health, Veterans' Affairs, and Commerce and Economic
21 Opportunity and other appropriate agencies of State, federal,
22 and local governments shall cooperate with the Department on
23 Aging in the establishment and development of the
24 noninstitutional non-institutional services. The Department
25 shall require an annual audit from all personal assistant and
26 home care aide vendors contracting with the Department under
    SB2394 Enrolled  - 143 - LRB104 09208 AMC 19265 b

1 this Section. The annual audit shall assure that each audited

2 vendor's procedures are in compliance with Department's

3 financial reporting guidelines requiring an administrative and

4 employee wage and benefits cost split as defined in

5 administrative rules. The audit is a public record under the

6 Freedom of Information Act. The Department shall execute,

7 relative to the nursing home prescreening project, written

8 inter-agency agreements with the Department of Human Services

9 and the Department of Healthcare and Family Services, to

10 effect the following: (1) intake procedures and common

11 eligibility criteria for those persons who are receiving

12 noninstitutional non-institutional services; and (2) the

13 establishment and development of noninstitutional

14 non-institutional services in areas of the State where they

15 are not currently available or are undeveloped. On and after

16 July 1, 1996, all nursing home prescreenings for individuals

17 60 years of age or older shall be conducted by the Department.

18  As part of the Department on Aging's routine training of

19 case managers and case manager supervisors, the Department may

20 include information on family futures planning for persons who

21 are age 60 or older and who are caregivers of their adult

22 children with developmental disabilities. The content of the

23 training shall be at the Department's discretion.

24  The Department is authorized to establish a system of

25 recipient copayment for services provided under this Section,

26 such copayment to be based upon the recipient's ability to pay
   SB2394 Enrolled           - 144 - LRB104 09208 AMC 19265 b

1 but in no case to exceed the actual cost of the services

2 provided. Additionally, any portion of a person's income which

3 is equal to or less than the federal poverty standard shall not

4 be considered by the Department in determining the copayment.

5 The level of such copayment shall be adjusted whenever

6 necessary to reflect any change in the officially designated

7 federal poverty standard.

8  The Department, or the Department's authorized

9 representative, may recover the amount of moneys expended for

10 services provided to or in behalf of a person under this

11 Section by a claim against the person's estate or against the

12 estate of the person's surviving spouse, but no recovery may

13 be had until after the death of the surviving spouse, if any,

14 and then only at such time when there is no surviving child who

15 is under age 21 or blind or who has a permanent and total

16 disability. This paragraph, however, shall not bar recovery,

17 at the death of the person, of moneys for services provided to

18 the person or in behalf of the person under this Section to

19 which the person was not entitled; provided that such recovery

20 shall not be enforced against any real estate while it is

21 occupied as a homestead by the surviving spouse or other

22 dependent, if no claims by other creditors have been filed

23 against the estate, or, if such claims have been filed, they

24 remain dormant for failure of prosecution or failure of the

25 claimant to compel administration of the estate for the

26 purpose of payment. This paragraph shall not bar recovery from
    SB2394 Enrolled  - 145 - LRB104 09208 AMC 19265 b

1 the estate of a spouse, under Sections 1915 and 1924 of the

2 Social Security Act and Section 5-4 of the Illinois Public Aid

3 Code, who precedes a person receiving services under this

4 Section in death. All moneys for services paid to or in behalf

5 of the person under this Section shall be claimed for recovery

6 from the deceased spouse's estate. "Homestead", as used in

7 this paragraph, means the dwelling house and contiguous real

8 estate occupied by a surviving spouse or relative, as defined

9 by the rules and regulations of the Department of Healthcare

10 and Family Services, regardless of the value of the property.

11  The Department shall increase the effectiveness of the

12 existing Community Care Program by:

13  (1) ensuring that in-home services included in the

14  care plan are available on evenings and weekends;

15  (2) ensuring that care plans contain the services that

16  eligible participants need based on the number of days in

17  a month, not limited to specific blocks of time, as

18  identified by the comprehensive assessment tool selected

19  by the Department for use statewide, not to exceed the

20  total monthly service cost maximum allowed for each

21  service; the Department shall develop administrative rules

22  to implement this item (2);

23  (3) ensuring that the participants have the right to

24  choose the services contained in their care plan and to

25  direct how those services are provided, based on

26  administrative rules established by the Department;
    SB2394 Enrolled  - 146 - LRB104 09208 AMC 19265 b

1   (4)(blank);

2   (5) ensuring that homemakers can provide personal care

3   services that may or may not involve contact with clients,

4   including, but not limited to:

5   (A) bathing;

6   (B) grooming;

7   (C) toileting;

8   (D) nail care;

9   (E) transferring;

10  (F) respiratory services;

11  (G) exercise; or

12  (H) positioning;

13  (6) ensuring that homemaker program vendors are not

14  restricted from hiring homemakers who are family members

15  of clients or recommended by clients; the Department may

16  not, by rule or policy, require homemakers who are family

17  members of clients or recommended by clients to accept

18  assignments in homes other than the client;

19  (7) ensuring that the State may access maximum federal

20  matching funds by seeking approval for the Centers for

21  Medicare and Medicaid Services for modifications to the

22  State's home and community based services waiver and

23  additional waiver opportunities, including applying for

24  enrollment in the Balance Incentive Payment Program by May

25  1, 2013, in order to maximize federal matching funds; this

26  shall include, but not be limited to, modification that
    SB2394 Enrolled  - 147 - LRB104 09208 AMC 19265 b

1   reflects all changes in the Community Care Program

2   services and all increases in the services cost maximum;

3   (8) ensuring that the determination of need tool

4   accurately reflects the service needs of individuals with

5   Alzheimer's disease and related dementia disorders;

6   (9) ensuring that services are authorized accurately

7   and consistently for the Community Care Program (CCP); the

8   Department shall implement a Service Authorization policy

9   directive; the purpose shall be to ensure that eligibility

10  and services are authorized accurately and consistently in

11  the CCP program; the policy directive shall clarify

12  service authorization guidelines to Care Coordination

13  Units and Community Care Program providers no later than

14  May 1, 2013;

15  (10) working in conjunction with Care Coordination

16  Units, the Department of Healthcare and Family Services,

17  the Department of Human Services, Community Care Program

18  providers, and other stakeholders to make improvements to

19  the Medicaid claiming processes and the Medicaid

20  enrollment procedures or requirements as needed,

21  including, but not limited to, specific policy changes or

22  rules to improve the up-front enrollment of participants

23  in the Medicaid program and specific policy changes or

24  rules to insure more prompt submission of bills to the

25  federal government to secure maximum federal matching

26  dollars as promptly as possible; the Department on Aging
    SB2394 Enrolled  - 148 - LRB104 09208 AMC 19265 b

1   shall have at least 3 meetings with stakeholders by

2   January 1, 2014 in order to address these improvements;

3   (11) requiring home care service providers to comply

4   with the rounding of hours worked provisions under the

5   federal Fair Labor Standards Act (FLSA) and as set forth

6   in 29 CFR 785.48(b) by May 1, 2013;

7   (12) implementing any necessary policy changes or

8   promulgating any rules, no later than January 1, 2014, to

9   assist the Department of Healthcare and Family Services in

10  moving as many participants as possible, consistent with

11  federal regulations, into coordinated care plans if a care

12  coordination plan that covers long term care is available

13  in the recipient's area; and

14  (13) (blank).

15  By January 1, 2009 or as soon after the end of the Cash and

16 Counseling Demonstration Project as is practicable, the

17 Department may, based on its evaluation of the demonstration

18 project, promulgate rules concerning personal assistant

19 services, to include, but need not be limited to,

20 qualifications, employment screening, rights under fair labor

21 standards, training, fiduciary agent, and supervision

22 requirements. All applicants shall be subject to the

23 provisions of the Health Care Worker Background Check Act.

24  The Department shall develop procedures to enhance

25 availability of services on evenings, weekends, and on an

26 emergency basis to meet the respite needs of caregivers.
    SB2394 Enrolled  - 149 - LRB104 09208 AMC 19265 b

1 Procedures shall be developed to permit the utilization of

2 services in successive blocks of 24 hours up to the monthly

3 maximum established by the Department. Workers providing these

4 services shall be appropriately trained.

5   No September 23, 1991 (Public Act 87-729) person may

6 perform chore/housekeeping and home care aide services under a

7 program authorized by this Section unless that person has been

8 issued a certificate of pre-service to do so by his or her

9 employing agency. Information gathered to effect such

10 certification shall include (i) the person's name, (ii) the

11 date the person was hired by his or her current employer, and

12 (iii) the training, including dates and levels. Persons

13 engaged in the program authorized by this Section before the

14 effective date of this amendatory Act of 1991 shall be issued a

15 certificate of all pre-service and in-service training from

16 his or her employer upon submitting the necessary information.

17 The employing agency shall be required to retain records of

18 all staff pre-service and in-service training, and shall

19 provide such records to the Department upon request and upon

20 termination of the employer's contract with the Department. In

21 addition, the employing agency is responsible for the issuance

22 of certifications of in-service training completed to their

23 employees.

24  The Department is required to develop a system to ensure

25 that persons working as home care aides and personal

26 assistants receive increases in their wages when the federal
   SB2394 Enrolled  - 150 - LRB104 09208 AMC 19265 b

1 minimum wage is increased by requiring vendors to certify that

2 they are meeting the federal minimum wage statute for home

3 care aides and personal assistants. An employer that cannot

4 ensure that the minimum wage increase is being given to home

5 care aides and personal assistants shall be denied any

6 increase in reimbursement costs.

7  The Community Care Program Advisory Committee is created

8 in the Department on Aging. The Director shall appoint

9 individuals to serve in the Committee, who shall serve at

10 their own expense. Members of the Committee must abide by all

11 applicable ethics laws. The Committee shall advise the

12 Department on issues related to the Department's program of

13 services to prevent unnecessary institutionalization. The

14 Committee shall meet on a bi-monthly basis and shall serve to

15 identify and advise the Department on present and potential

16 issues affecting the service delivery network, the program's

17 clients, and the Department and to recommend solution

18 strategies. Persons appointed to the Committee shall be

19 appointed on, but not limited to, their own and their agency's

20 experience with the program, geographic representation, and

21 willingness to serve. The Director shall appoint members to

22 the Committee to represent provider, advocacy, policy

23 research, and other constituencies committed to the delivery

24 of high quality home and community-based services to older

25 adults. Representatives shall be appointed to ensure

26 representation from community care providers, including, but
    SB2394 Enrolled  - 151 - LRB104 09208 AMC 19265 b

1 not limited to, adult day service providers, homemaker

2 providers, case coordination and case management units,

3 emergency home response providers, statewide trade or labor

4 unions that represent home care aides and direct care staff,

5 area agencies on aging, adults over age 60, membership

6 organizations representing older adults, and other

7 organizational entities, providers of care, or individuals

8 with demonstrated interest and expertise in the field of home

9 and community care as determined by the Director.

10  Nominations may be presented from any agency or State

11 association with interest in the program. The Director, or his

12 or her designee, shall serve as the permanent co-chair of the

13 advisory committee. One other co-chair shall be nominated and

14 approved by the members of the committee on an annual basis.

15 Committee members' terms of appointment shall be for 4 years

16 with one-quarter of the appointees' terms expiring each year.

17 A member shall continue to serve until his or her replacement

18 is named. The Department shall fill vacancies that have a

19 remaining term of over one year, and this replacement shall

20 occur through the annual replacement of expiring terms. The

21 Director shall designate Department staff to provide technical

22 assistance and staff support to the committee. Department

23 representation shall not constitute membership of the

24 committee. All Committee papers, issues, recommendations,

25 reports, and meeting memoranda are advisory only. The

26 Director, or his or her designee, shall make a written report,
    SB2394 Enrolled  - 152 - LRB104 09208 AMC 19265 b

1 as requested by the Committee, regarding issues before the

2 Committee.

3   The Department on Aging and the Department of Human

4 Services shall cooperate in the development and submission of

5 an annual report on programs and services provided under this

6 Section. Such joint report shall be filed with the Governor

7 and the General Assembly on or before March 31 of the following

8 fiscal year.

9   The requirement for reporting to the General Assembly

10 shall be satisfied by filing copies of the report as required

11 by Section 3.1 of the General Assembly Organization Act and

12 filing such additional copies with the State Government Report

13 Distribution Center for the General Assembly as is required

14 under paragraph (t) of Section 7 of the State Library Act.

15  Those persons previously found eligible for receiving

16 noninstitutional non-institutional services whose services

17 were discontinued under the Emergency Budget Act of Fiscal

18 Year 1992, and who do not meet the eligibility standards in

19 effect on or after July 1, 1992, shall remain ineligible on and

20 after July 1, 1992. Those persons previously not required to

21 cost-share and who were required to cost-share effective March

22 1, 1992, shall continue to meet cost-share requirements on and

23 after July 1, 1992. Beginning July 1, 1992, all clients will be

24 required to meet eligibility, cost-share, and other

25 requirements and will have services discontinued or altered

26 when they fail to meet these requirements.
    SB2394 Enrolled            - 153 - LRB104 09208 AMC 19265 b

1   For the purposes of this Section, "flexible senior

2 services" refers to services that require one-time or periodic

3 expenditures, including, but not limited to, respite care,

4 home modification, assistive technology, housing assistance,

5 and transportation.

6   The Department shall implement an electronic service

7 verification based on global positioning systems or other

8 cost-effective technology for the Community Care Program no

9 later than January 1, 2014.

10  The Department shall require, as a condition of

11 eligibility, application for the medical assistance program

12 under Article V of the Illinois Public Aid Code.

13  The Department may authorize Community Care Program

14 services until an applicant is determined eligible for medical

15 assistance under Article V of the Illinois Public Aid Code.

16  The Department shall continue to provide Community Care

17 Program reports as required by statute, which shall include an

18 annual report on Care Coordination Unit performance and

19 adherence to service guidelines and a 6-month supplemental

20 report.

21  In regard to community care providers, failure to comply

22 with Department on Aging policies shall be cause for

23 disciplinary action, including, but not limited to,

24 disqualification from serving Community Care Program clients.

25 Each provider, upon submission of any bill or invoice to the

26 Department for payment for services rendered, shall include a
    SB2394 Enrolled    - 154 - LRB104 09208 AMC 19265 b

1 notarized statement, under penalty of perjury pursuant to

2 Section 1-109 of the Code of Civil Procedure, that the

3 provider has complied with all Department policies.

4   The Director of the Department on Aging shall make

5 information available to the State Board of Elections as may

6 be required by an agreement the State Board of Elections has

7 entered into with a multi-state voter registration list

8 maintenance system.

9   The Department shall pay an enhanced rate of at least

10 $1.77 per unit under the Community Care Program to those

11 in-home service provider agencies that offer health insurance

12 coverage as a benefit to their direct service worker employees

13 pursuant to rules adopted by the Department. The Department

14 shall review the enhanced rate as part of its process to rebase

15 in-home service provider reimbursement rates pursuant to

16 federal waiver requirements. Subject to federal approval,

17 beginning on January 1, 2024, rates for adult day services

18 shall be increased to $16.84 per hour and rates for each way

19 transportation services for adult day services shall be

20 increased to $12.44 per unit transportation.

21  Subject to federal approval, on and after January 1, 2024,

22 rates for homemaker services shall be increased to $28.07 to

23 sustain a minimum wage of $17 per hour for direct service

24 workers. Rates in subsequent State fiscal years shall be no

25 lower than the rates put into effect upon federal approval.

26 Providers of in-home services shall be required to certify to
    SB2394 Enrolled  - 155 - LRB104 09208 AMC 19265 b

1 the Department that they remain in compliance with the

2 mandated wage increase for direct service workers. Fringe

3 benefits, including, but not limited to, paid time off and

4 payment for training, health insurance, travel, or

5 transportation, shall not be reduced in relation to the rate

6 increases described in this paragraph.

7   Subject to and upon federal approval, on and after January

8 1, 2025, rates for homemaker services shall be increased to

9 $29.63 to sustain a minimum wage of $18 per hour for direct

10 service workers. Rates in subsequent State fiscal years shall

11 be no lower than the rates put into effect upon federal

12 approval. Providers of in-home services shall be required to

13 certify to the Department that they remain in compliance with

14 the mandated wage increase for direct service workers. Fringe

15 benefits, including, but not limited to, paid time off and

16 payment for training, health insurance, travel, or

17 transportation, shall not be reduced in relation to the rate

18 increases described in this paragraph.

19  The General Assembly finds it necessary to authorize an

20 aggressive Medicaid enrollment initiative designed to maximize

21 federal Medicaid funding for the Community Care Program which

22 produces significant savings for the State of Illinois. The

23 Department on Aging shall establish and implement a Community

24 Care Program Medicaid Initiative. Under the Initiative, the

25 Department on Aging shall, at a minimum: (i) provide an

26 enhanced rate to adequately compensate care coordination units
    SB2394 Enrolled     - 156 - LRB104 09208 AMC 19265 b

1 to enroll eligible Community Care Program clients into

2 Medicaid; (ii) use recommendations from a stakeholder

3 committee on how best to implement the Initiative; and (iii)

4 establish requirements for State agencies to make enrollment

5 in the State's Medical Assistance program easier for seniors.

6   The Community Care Program Medicaid Enrollment Oversight

7 Subcommittee is created as a subcommittee of the Older Adult

8 Services Advisory Committee established in Section 35 of the

9 Older Adult Services Act to make recommendations on how best

10 to increase the number of medical assistance recipients who

11 are enrolled in the Community Care Program. The Subcommittee

12 shall consist of all of the following persons who must be

13 appointed within 30 days after June 4, 2018 (the effective

14 date of Public Act 100-587):

15  (1) The Director of Aging, or his or her designee, who

16  shall serve as the chairperson of the Subcommittee.

17  (2) One representative of the Department of Healthcare

18  and Family Services, appointed by the Director of

19  Healthcare and Family Services.

20  (3) One representative of the Department of Human

21  Services, appointed by the Secretary of Human Services.

22  (4) One individual representing a care coordination

23  unit, appointed by the Director of Aging.

24  (5) One individual from a non-governmental statewide

25  organization that advocates for seniors, appointed by the

26  Director of Aging.
    SB2394 Enrolled  - 157 - LRB104 09208 AMC 19265 b

1   (6) One individual representing Area Agencies on

2   Aging, appointed by the Director of Aging.

3   (7) One individual from a statewide association

4   dedicated to Alzheimer's care, support, and research,

5   appointed by the Director of Aging.

6   (8) One individual from an organization that employs

7   persons who provide services under the Community Care

8   Program, appointed by the Director of Aging.

9   (9) One member of a trade or labor union representing

10  persons who provide services under the Community Care

11  Program, appointed by the Director of Aging.

12  (10) One member of the Senate, who shall serve as

13  co-chairperson, appointed by the President of the Senate.

14  (11) One member of the Senate, who shall serve as

15  co-chairperson, appointed by the Minority Leader of the

16  Senate.

17  (12) One member of the House of Representatives, who

18  shall serve as co-chairperson, appointed by the Speaker of

19  the House of Representatives.

20  (13) One member of the House of Representatives, who

21  shall serve as co-chairperson, appointed by the Minority

22  Leader of the House of Representatives.

23  (14) One individual appointed by a labor organization

24  representing frontline employees at the Department of

25  Human Services.

26  The Subcommittee shall provide oversight to the Community
SB2394 Enrolled  - 158 - LRB104 09208 AMC 19265 b

 1 Care Program Medicaid Initiative and shall meet quarterly. At
 2 each Subcommittee meeting the Department on Aging shall
 3 provide the following data sets to the Subcommittee: (A) the
 4 number of Illinois residents, categorized by planning and
 5 service area, who are receiving services under the Community
 6 Care Program and are enrolled in the State's Medical
 7 Assistance Program; (B) the number of Illinois residents,
 8 categorized by planning and service area, who are receiving
 9 services under the Community Care Program, but are not
10 enrolled in the State's Medical Assistance Program; and (C)
11 the number of Illinois residents, categorized by planning and
12 service area, who are receiving services under the Community
13 Care Program and are eligible for benefits under the State's
14 Medical Assistance Program, but are not enrolled in the
15 State's Medical Assistance Program. In addition to this data,
16 the Department on Aging shall provide the Subcommittee with
17 plans on how the Department on Aging will reduce the number of
18 Illinois residents who are not enrolled in the State's Medical
19 Assistance Program but who are eligible for medical assistance
20 benefits. The Department on Aging shall enroll in the State's
21 Medical Assistance Program those Illinois residents who
22 receive services under the Community Care Program and are
23 eligible for medical assistance benefits but are not enrolled
24 in the State's Medicaid Assistance Program. The data provided
25 to the Subcommittee shall be made available to the public via
26 the Department on Aging's website.
    SB2394 Enrolled            - 159 - LRB104 09208 AMC 19265 b

1   The Department on Aging, with the involvement of the

2 Subcommittee, shall collaborate with the Department of Human

3 Services and the Department of Healthcare and Family Services

4 on how best to achieve the responsibilities of the Community

5 Care Program Medicaid Initiative.

6   The Department on Aging, the Department of Human Services,

7 and the Department of Healthcare and Family Services shall

8 coordinate and implement a streamlined process for seniors to

9 access benefits under the State's Medical Assistance Program.

10  The Subcommittee shall collaborate with the Department of

11 Human Services on the adoption of a uniform application

12 submission process. The Department of Human Services and any

13 other State agency involved with processing the medical

14 assistance application of any person enrolled in the Community

15 Care Program shall include the appropriate care coordination

16 unit in all communications related to the determination or

17 status of the application.

18  The Community Care Program Medicaid Initiative shall

19 provide targeted funding to care coordination units to help

20 seniors complete their applications for medical assistance

21 benefits. On and after July 1, 2019, care coordination units

22 shall receive no less than $200 per completed application,

23 which rate may be included in a bundled rate for initial intake

24 services when Medicaid application assistance is provided in

25 conjunction with the initial intake process for new program

26 participants.
    SB2394 Enrolled  - 160 - LRB104 09208 AMC 19265 b

1   The Community Care Program Medicaid Initiative shall cease

2 operation 5 years after June 4, 2018 (the effective date of

3 Public Act 100-587), after which the Subcommittee shall

4 dissolve.

5   Effective July 1, 2023, subject to federal approval, the

6 Department on Aging shall reimburse Care Coordination Units at

7 the following rates for case management services: $252.40 for

8 each initial assessment; $366.40 for each initial assessment

9 with translation; $229.68 for each redetermination assessment;

10 $313.68 for each redetermination assessment with translation;

11 $200.00 for each completed application for medical assistance

12 benefits; $132.26 for each face-to-face, choices-for-care

13 screening; $168.26 for each face-to-face, choices-for-care

14 screening with translation; $124.56 for each 6-month,

15 face-to-face visit; $132.00 for each MCO participant

16 eligibility determination; and $157.00 for each MCO

17 participant eligibility determination with translation.

18 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;

19 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,

20 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,

21 Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff.

22 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)

23  (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)

24  Sec. 4.04. Long Term Care Ombudsman Program. The purpose

25 of the Long Term Care Ombudsman Program is to ensure that older
    SB2394 Enrolled             - 161 - LRB104 09208 AMC 19265 b

1 persons and persons with disabilities receive quality

2 services. This is accomplished by providing advocacy services

3 for residents of long term care facilities and participants

4 receiving home care and community-based care. Managed care is

5 increasingly becoming the vehicle for delivering health and

6 long-term services and supports to seniors and persons with

7 disabilities, including dual eligible participants. The

8 additional ombudsman authority will allow advocacy services to

9 be provided to Illinois participants for the first time and

10 will produce a cost savings for the State of Illinois by

11 supporting the rebalancing efforts of the Patient Protection

12 and Affordable Care Act.

13  (a) Long Term Care Ombudsman Program. The Department shall

14 establish a Long Term Care Ombudsman Program, through the

15 Office of State Long Term Care Ombudsman ("the Office"), in

16 accordance with the provisions of the Older Americans Act of

17 1965, as now or hereafter amended. The Long Term Care

18 Ombudsman Program is authorized, subject to sufficient

19 appropriations, to advocate on behalf of older persons and

20 persons with disabilities residing in their own homes or

21 community-based settings, relating to matters which may

22 adversely affect the health, safety, welfare, or rights of

23 such individuals.

24  (b) Definitions. As used in this Section, unless the

25 context requires otherwise:

26  (1) "Access" means the right to:
    SB2394 Enrolled     - 162 - LRB104 09208 AMC 19265 b

1   (i) Enter any long term care facility or assisted

2   living or shared housing establishment or supportive

3   living facility;

4   (ii) Communicate privately and without restriction

5   with any resident, regardless of age, who consents to

6   the communication;

7   (iii) Seek consent to communicate privately and

8   without restriction with any participant or resident,

9   regardless of age;

10  (iv) Inspect and copy the clinical and other

11  records of a participant or resident, regardless of

12  age, with the express written consent of the

13  participant or resident, or if consent is given

14  orally, visually, or through the use of auxiliary aids

15  and services, such consent is documented

16  contemporaneously by a representative of the Office in

17  accordance with such procedures;

18  (v) Observe all areas of the long term care

19  facility or supportive living facilities, assisted

20  living or shared housing establishment except the

21  living area of any resident who protests the

22  observation; and

23  (vi) Subject to permission of the participant or

24  resident requesting services or his or her

25  representative, enter a home or community-based

26  setting.
    SB2394 Enrolled     - 163 - LRB104 09208 AMC 19265 b

1   (2) "Long Term Care Facility" means (i) any facility

2   as defined by Section 1-113 of the Nursing Home Care Act,

3   as now or hereafter amended; (ii) any skilled nursing

4   facility or a nursing facility which meets the

5   requirements of Section 1819(a), (b), (c), and (d) or

6   Section 1919(a), (b), (c), and (d) of the Social Security

7   Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),

8   (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and

9   (d)); (iii) any facility as defined by Section 1-113 of

10  the ID/DD Community Care Act, as now or hereafter amended;

11  (iv) any facility as defined by Section 1-113 of MC/DD

12  Act, as now or hereafter amended; and (v) any facility

13  licensed under Section 4-105 or 4-201 of the Specialized

14  Mental Health Rehabilitation Act of 2013, as now or

15  hereafter amended.

16  (2.5) "Assisted living establishment" and "shared

17  housing establishment" have the meanings given those terms

18  in Section 10 of the Assisted Living and Shared Housing

19  Act.

20  (2.7) "Supportive living facility" means a facility

21  established under Section 5-5.01a of the Illinois Public

22  Aid Code.

23  (2.8) "Community-based setting" means any place of

24  abode other than an individual's private home.

25  (3) "State Long Term Care Ombudsman" means any person

26  employed by the Department to fulfill the requirements of
    SB2394 Enrolled     - 164 - LRB104 09208 AMC 19265 b

1   the Office of State Long Term Care Ombudsman as required

2   under the Older Americans Act of 1965, as now or hereafter

3   amended, and Departmental policy.

4   (3.1) "Ombudsman" means any designated representative

5   of the State Long Term Care Ombudsman Program; provided

6   that the representative, whether he is paid for or

7   volunteers his ombudsman services, shall be qualified and

8   designated by the Office to perform the duties of an

9   ombudsman as specified by the Department in rules and in

10  accordance with the provisions of the Older Americans Act

11  of 1965, as now or hereafter amended.

12  (4) "Participant" means an older person aged 60 or

13  over or an adult with a disability aged 18 through 59 who

14  is eligible for services under any of the following:

15  (i) A medical assistance waiver administered by

16  the State.

17  (ii) A managed care organization providing care

18  coordination and other services to seniors and persons

19  with disabilities.

20  (5) "Resident" means an older person aged 60 or over

21  or an adult with a disability aged 18 through 59 who

22  resides in a long-term care facility.

23  (c) Ombudsman; rules. The Office of State Long Term Care

24 Ombudsman shall be composed of at least one full-time

25 ombudsman and shall include a system of designated regional

26 long term care ombudsman programs. Each regional program shall
   SB2394 Enrolled  - 165 - LRB104 09208 AMC 19265 b

1 be designated by the State Long Term Care Ombudsman as a

2 subdivision of the Office and any representative of a regional

3 program shall be treated as a representative of the Office.

4  The Department, in consultation with the Office, shall

5 promulgate administrative rules in accordance with the

6 provisions of the Older Americans Act of 1965, as now or

7 hereafter amended, to establish the responsibilities of the

8 Department and the Office of State Long Term Care Ombudsman

9 and the designated regional Ombudsman programs. The

10 administrative rules shall include the responsibility of the

11 Office and designated regional programs to investigate and

12 resolve complaints made by or on behalf of residents of long

13 term care facilities, supportive living facilities, and

14 assisted living and shared housing establishments, and

15 participants residing in their own homes or community-based

16 settings, including the option to serve residents and

17 participants under the age of 60, relating to actions,

18 inaction, or decisions of providers, or their representatives,

19 of such facilities and establishments, of public agencies, or

20 of social services agencies, which may adversely affect the

21 health, safety, welfare, or rights of such residents and

22 participants. The Office and designated regional programs may

23 represent all residents and participants, but are not required

24 by this Act to represent persons under 60 years of age, except

25 to the extent required by federal law. When necessary and

26 appropriate, representatives of the Office shall refer
    SB2394 Enrolled  - 166 - LRB104 09208 AMC 19265 b

1 complaints to the appropriate regulatory State agency. The

2 Department, in consultation with the Office, shall cooperate

3 with the Department of Human Services and other State agencies

4 in providing information and training to designated regional

5 long term care ombudsman programs about the appropriate

6 assessment and treatment (including information about

7 appropriate supportive services, treatment options, and

8 assessment of rehabilitation potential) of the participants

9 they serve.

10  The State Long Term Care Ombudsman and all other

11 ombudsmen, as defined in paragraph (3.1) of subsection (b)

12 must submit to background checks under the Health Care Worker

13 Background Check Act and receive training, as prescribed by

14 the Illinois Department on Aging, before visiting facilities,

15 private homes, or community-based settings. The training must

16 include information specific to assisted living

17 establishments, supportive living facilities, shared housing

18 establishments, private homes, and community-based settings

19 and to the rights of residents and participants guaranteed

20 under the corresponding Acts and administrative rules.

21  (c-5) Consumer Choice Information Reports. The Office

22 shall:

23         (1) In collaboration with the Attorney General, create

24  a Consumer Choice Information Report form to be completed

25  by all licensed long term care facilities to aid

26  Illinoisans and their families in making informed choices
    SB2394 Enrolled  - 167 - LRB104 09208 AMC 19265 b

1   about long term care. The Office shall create a Consumer

2   Choice Information Report for each type of licensed long

3   term care facility. The Office shall collaborate with the

4   Attorney General and the Department of Human Services to

5   create a Consumer Choice Information Report form for

6   facilities licensed under the ID/DD Community Care Act or

7   the MC/DD Act.

8   (2) Develop a database of Consumer Choice Information

9   Reports completed by licensed long term care facilities

10  that includes information in the following consumer

11  categories:

12  (A) Medical Care, Services, and Treatment.

13  (B) Special Services and Amenities.

14  (C) Staffing.

15  (D) Facility Statistics and Resident Demographics.

16  (E) Ownership and Administration.

17  (F) Safety and Security.

18  (G) Meals and Nutrition.

19  (H) Rooms, Furnishings, and Equipment.

20  (I) Family, Volunteer, and Visitation Provisions.

21  (3) Make this information accessible to the public,

22  including on the Internet by means of a hyperlink on the

23  Office's World Wide Web home page. Information about

24  facilities licensed under the ID/DD Community Care Act or

25  the MC/DD Act shall be made accessible to the public by the

26  Department of Human Services, including on the Internet by
    SB2394 Enrolled  - 168 - LRB104 09208 AMC 19265 b

1   means of a hyperlink on the Department of Human Services'

2   "For Customers" website.

3   (4) Have the authority, with the Attorney General, to

4   verify that information provided by a facility is

5   accurate.

6   (5) Request a new report from any licensed facility

7   whenever it deems necessary.

8   (6) Include in the Office's Consumer Choice

9   Information Report for each type of licensed long term

10  care facility additional information on each licensed long

11  term care facility in the State of Illinois, including

12  information regarding each facility's compliance with the

13  relevant State and federal statutes, rules, and standards;

14  customer satisfaction surveys; and information generated

15  from quality measures developed by the Centers for

16  Medicare and Medicaid Services.

17  (d) Access and visitation rights.

18  (1) In accordance with subparagraphs (A) and (E) of

19  paragraph (3) of subsection (c) of Section 1819 and

20  subparagraphs (A) and (E) of paragraph (3) of subsection

21  (c) of Section 1919 of the Social Security Act, as now or

22  hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and

23  42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the

24  Older Americans Act of 1965, as now or hereafter amended

25  (42 U.S.C. 3058f), a long term care facility, supportive

26  living facility, assisted living establishment, and shared
    SB2394 Enrolled  - 169 - LRB104 09208 AMC 19265 b

1   housing establishment must:

2   (i) permit immediate access to any resident,

3   regardless of age, by a designated ombudsman;

4   (ii) permit representatives of the Office, with

5   the permission of the resident, the resident's legal

6   representative, or the resident's legal guardian, to

7   examine and copy a resident's clinical and other

8   records, including facility reports of incidents or

9   occurrences made to State agencies, regardless of the

10  age of the resident, and if a resident is unable to

11  consent to such review, and has no legal guardian,

12  permit representatives of the Office appropriate

13  access, as defined by the Department, in consultation

14  with the Office, in administrative rules, to the

15  resident's records; and

16  (iii) permit a representative of the Program to

17  communicate privately and without restriction with any

18  participant who consents to the communication

19  regardless of the consent of, or withholding of

20  consent by, a legal guardian or an agent named in a

21  power of attorney executed by the participant.

22  (2) Each long term care facility, supportive living

23  facility, assisted living establishment, and shared

24  housing establishment shall display, in multiple,

25  conspicuous public places within the facility accessible

26  to both visitors and residents and in an easily readable
    SB2394 Enrolled         - 170 - LRB104 09208 AMC 19265 b

1   format, the address and phone number of the Office of the

2   Long Term Care Ombudsman, in a manner prescribed by the

3   Office.

4   (e) Immunity. An ombudsman or any representative of the

5 Office participating in the good faith performance of his or

6 her official duties shall have immunity from any liability

7 (civil, criminal or otherwise) in any proceedings (civil,

8 criminal or otherwise) brought as a consequence of the

9 performance of his official duties.

10  (f) Business offenses.

11  (1) No person shall:

12           (i) Intentionally prevent, interfere with, or

13  attempt to impede in any way any representative of the

14  Office in the performance of his official duties under

15  this Act and the Older Americans Act of 1965; or

16           (ii) Intentionally retaliate, discriminate

17  against, or effect reprisals against any long term

18  care facility resident or employee for contacting or

19  providing information to any representative of the

20  Office.

21  (2) A violation of this Section is a business offense,

22  punishable by a fine not to exceed $501.

23  (3) The State Long Term Care Ombudsman shall notify

24  the State's Attorney of the county in which the long term

25  care facility, supportive living facility, or assisted

26  living or shared housing establishment is located, or the
    SB2394 Enrolled         - 171 - LRB104 09208 AMC 19265 b

1   Attorney General, of any violations of this Section.

2   (g) Confidentiality of records and identities. All records

3 containing resident, participant, and complainant information

4 collected by the Long Term Care Ombudsman Program are

5 confidential and shall not be disclosed outside of the program

6 without a lawful subpoena or the permission of the State

7 Ombudsman. The State Ombudsman, at his or her discretion, may

8 disclose resident or participant information if it is in the

9 best interest of the resident or participant. The Department

10 shall establish procedures for the disclosure of program

11 records by the State Ombudsman. The procedures shall prohibit

12 the disclosure of the identity of any complainant, resident,

13 participant, witness, or employee of a long term care provider

14 in case records unless:

15  (1) the complainant, resident, participant, witness,

16  or employee of a long term care provider or his or her

17  legal representative consents to the disclosure and the

18  consent is in writing;

19  (2) the complainant, resident, participant, witness,

20  or employee of a long term care provider or the resident or

21  participant's legal representative gives consent orally;

22  and the consent is documented contemporaneously in writing

23  in accordance with such requirements as the Department

24  shall establish; or

25  (3) the disclosure is required by court order.

26  (h) Legal representation. The Attorney General shall
    SB2394 Enrolled     - 172 - LRB104 09208 AMC 19265 b

1 provide legal representation to any representative of the

2 Office against whom suit or other legal action is brought in

3 connection with the performance of the representative's

4 official duties, in accordance with the State Employee

5 Indemnification Act.

6   (i) Treatment by prayer and spiritual means. Nothing in

7 this Act shall be construed to authorize or require the

8 medical supervision, regulation or control of remedial care or

9 treatment of any resident in a long term care facility

10 operated exclusively by and for members or adherents of any

11 church or religious denomination the tenets and practices of

12 which include reliance solely upon spiritual means through

13 prayer for healing.

14  (j) The Long Term Care Ombudsman Fund is created as a

15 special fund in the State treasury to receive moneys for the

16 express purposes of this Section. All interest earned on

17 moneys in the fund shall be credited to the fund. Moneys

18 contained in the fund shall be used to support the purposes of

19 this Section.

20  (k) Each Regional Ombudsman may, in accordance with rules

21 promulgated by the Office, establish a multi-disciplinary team

22 to act in an advisory role for the purpose of providing

23 professional knowledge and expertise in handling complex

24 abuse, neglect, and advocacy issues involving participants.

25 Each multi-disciplinary team may consist of one or more

26 volunteer representatives from any combination of at least 7
    SB2394 Enrolled     - 173 - LRB104 09208 AMC 19265 b

 1 members from the following professions: banking or finance;
 2 disability care; health care; pharmacology; law; law
 3 enforcement; emergency responder; mental health care; clergy;
 4 coroner or medical examiner; substance abuse; domestic
 5 violence; sexual assault; or other related fields. To support
 6 multi-disciplinary teams in this role, law enforcement
 7 agencies and coroners or medical examiners shall supply
 8 records as may be requested in particular cases. The Regional
 9 Ombudsman, or his or her designee, of the area in which the
10 multi-disciplinary team is created shall be the facilitator of
11 the multi-disciplinary team.
12 (Source: P.A. 102-1033, eff. 1-1-23; 103-329, eff. 1-1-24;
13 103-762, eff. 1-1-25; 103-767, eff. 1-1-25; revised 11-26-24.)

14  Section 80. The Substance Use Disorder Act is amended by

15 changing Section 5-23 as follows:

16  (20 ILCS 301/5-23)

17  Sec. 5-23. Drug Overdose Prevention Program.

18  (a) Reports.

19  (1) The Department may publish annually a report on

20  drug overdose trends statewide that reviews State death

21  rates from available data to ascertain changes in the

22  causes or rates of fatal and nonfatal drug overdose. The

23  report shall also provide information on interventions

24  that would be effective in reducing the rate of fatal or
    SB2394 Enrolled  - 174 - LRB104 09208 AMC 19265 b

1   nonfatal drug overdose and on the current substance use

2   disorder treatment capacity within the State. The report

3   shall include an analysis of drug overdose information

4   reported to the Department of Public Health pursuant to

5   subsection (e) of Section 3-3013 of the Counties Code,

6   Section 6.14g of the Hospital Licensing Act, and

7   subsection (j) of Section 22-30 of the School Code.

8   (2) The report may include:

9   (A) Trends in drug overdose death rates.

10  (B) Trends in emergency room utilization related

11  to drug overdose and the cost impact of emergency room

12  utilization.

13  (C) Trends in utilization of pre-hospital and

14  emergency services and the cost impact of emergency

15  services utilization.

16  (D) Suggested improvements in data collection.

17  (E) A description of other interventions effective

18  in reducing the rate of fatal or nonfatal drug

19  overdose.

20  (F) A description of efforts undertaken to educate

21  the public about unused medication and about how to

22  properly dispose of unused medication, including the

23  number of registered collection receptacles in this

24  State, mail-back programs, and drug take-back events.

25  (G) An inventory of the State's substance use

26  disorder treatment capacity, including, but not
    SB2394 Enrolled  - 175 - LRB104 09208 AMC 19265 b

1   limited to:

2                    (i) The number and type of licensed treatment

3   programs in each geographic area of the State.

4                    (ii) The availability of medication-assisted

5   treatment at each licensed program and which types

6   of medication-assisted treatment are available.

7                    (iii) The number of recovery homes that accept

8   individuals using medication-assisted treatment in

9   their recovery.

10                   (iv) The number of medical professionals

11  currently authorized to prescribe buprenorphine

12  and the number of individuals who fill

13  prescriptions for that medication at retail

14  pharmacies as prescribed.

15                   (v) Any partnerships between programs licensed

16  by the Department and other providers of

17  medication-assisted treatment.

18                   (vi) Any challenges in providing

19  medication-assisted treatment reported by programs

20  licensed by the Department and any potential

21  solutions.

22  (b) Programs; drug overdose prevention.

23  (1) The Department may establish a program to provide

24  for the production and publication, in electronic and

25  other formats, of drug overdose prevention, recognition,

26  and response literature. The Department may develop and
    SB2394 Enrolled      - 176 - LRB104 09208 AMC 19265 b

1   disseminate curricula for use by professionals,

2   organizations, individuals, or committees interested in

3   the prevention of fatal and nonfatal drug overdose,

4   including, but not limited to, drug users, jail and prison

5   personnel, jail and prison inmates, drug treatment

6   professionals, emergency medical personnel, hospital

7   staff, families and associates of drug users, peace

8   officers, firefighters, public safety officers, needle

9   exchange program staff, and other persons. In addition to

10  information regarding drug overdose prevention,

11  recognition, and response, literature produced by the

12  Department shall stress that drug use remains illegal and

13  highly dangerous and that complete abstinence from illegal

14  drug use is the healthiest choice. The literature shall

15  provide information and resources for substance use

16  disorder treatment.

17  The Department may establish or authorize programs for

18  prescribing, dispensing, or distributing opioid

19  antagonists for the treatment of drug overdose and for

20  dispensing and distributing fentanyl test strips to

21  further promote harm reduction efforts and prevent an

22  overdose. Such programs may include the prescribing of

23  opioid antagonists for the treatment of drug overdose to a

24  person who is not at risk of opioid overdose but who, in

25  the judgment of the health care professional, may be in a

26  position to assist another individual during an
    SB2394 Enrolled  - 177 - LRB104 09208 AMC 19265 b

1   opioid-related drug overdose and who has received basic

2   instruction on how to administer an opioid antagonist.

3   (2) The Department may provide advice to State and

4   local officials on the growing drug overdose crisis,

5   including the prevalence of drug overdose incidents,

6   programs promoting the disposal of unused prescription

7   drugs, trends in drug overdose incidents, and solutions to

8   the drug overdose crisis.

9   (3) The Department may support drug overdose

10  prevention, recognition, and response projects by

11  facilitating the acquisition of opioid antagonist

12  medication approved for opioid overdose reversal,

13  facilitating the acquisition of opioid antagonist

14  medication approved for opioid overdose reversal,

15  providing trainings in overdose prevention best practices,

16  facilitating the acquisition of fentanyl test strips to

17  test for the presence of fentanyl, a fentanyl analog, or a

18  drug adulterant within a controlled substance, connecting

19  programs to medical resources, establishing a statewide

20  standing order for the acquisition of needed medication,

21  establishing learning collaboratives between localities

22  and programs, and assisting programs in navigating any

23  regulatory requirements for establishing or expanding such

24  programs.

25  (4) In supporting best practices in drug overdose

26  prevention programming, the Department may promote the
    SB2394 Enrolled      - 178 - LRB104 09208 AMC 19265 b

1   following programmatic elements:

2   (A) Training individuals who currently use drugs

3   in the administration of opioid antagonists approved

4   for the reversal of an opioid overdose and in the use

5   of fentanyl test strips to test for the presence of

6   fentanyl, a fentanyl analog, or a drug adulterant

7   within a controlled substance.

8   (B) Directly distributing opioid antagonists

9   approved for the reversal of an opioid overdose rather

10  than providing prescriptions to be filled at a

11  pharmacy.

12  (B-1) Directly distributing fentanyl test strips

13  to test for the presence of fentanyl, a fentanyl

14  analog, or a drug adulterant within a controlled

15  substance.

16  (C) Conducting street and community outreach to

17  work directly with individuals who are using drugs.

18  (D) Employing community health workers or peer

19  recovery specialists who are familiar with the

20  communities served and can provide culturally

21  competent services.

22  (E) Collaborating with other community-based

23  organizations, substance use disorder treatment

24  centers, or other health care providers engaged in

25  treating individuals who are using drugs.

26  (F) Providing linkages for individuals to obtain
    SB2394 Enrolled  - 179 - LRB104 09208 AMC 19265 b

1   evidence-based substance use disorder treatment.

2   (G) Engaging individuals exiting jails or prisons

3   who are at a high risk of overdose.

4   (H) Providing education and training to

5   community-based organizations who work directly with

6   individuals who are using drugs and those individuals'

7   families and communities.

8   (I) Providing education and training on drug

9   overdose prevention and response to emergency

10  personnel and law enforcement.

11  (J) Informing communities of the important role

12  emergency personnel play in responding to accidental

13  overdose.

14  (K) Producing and distributing targeted mass media

15  materials on drug overdose prevention and response,

16  the potential dangers of leaving unused prescription

17  drugs in the home, and the proper methods for

18  disposing of unused prescription drugs.

19  (c) Grants.

20  (1) The Department may award grants, in accordance

21  with this subsection, to create or support local drug

22  overdose prevention, recognition, and response projects.

23  Local health departments, correctional institutions,

24  hospitals, universities, community-based organizations,

25  and faith-based organizations may apply to the Department

26  for a grant under this subsection at the time and in the
    SB2394 Enrolled  - 180 - LRB104 09208 AMC 19265 b

1   manner the Department prescribes. Eligible grant

2   activities include, but are not limited to, purchasing and

3   distributing opioid antagonists and fentanyl test strips,

4   hiring peer recovery specialists or other community

5   members to conduct community outreach, and hosting public

6   health fairs or events to distribute opioid antagonists

7   and fentanyl test strips, promote harm reduction

8   activities, and provide linkages to community partners.

9   (2) In awarding grants, the Department shall consider

10  the overall rate of opioid overdose, the rate of increase

11  in opioid overdose, and racial disparities in opioid

12  overdose experienced by the communities to be served by

13  grantees. The Department shall encourage all grant

14  applicants to develop interventions that will be effective

15  and viable in their local areas.

16  (3) (Blank).

17  (3.5) Any hospital licensed under the Hospital

18  Licensing Act or organized under the University of

19  Illinois Hospital Act shall be deemed to have met the

20  standards and requirements set forth in this Section to

21  enroll in the drug overdose prevention program upon

22  completion of the enrollment process except that proof of

23  a standing order and attestation of programmatic

24  requirements shall be waived for enrollment purposes.

25  Reporting mandated by enrollment shall be necessary to

26  carry out or attain eligibility for associated resources
    SB2394 Enrolled  - 181 - LRB104 09208 AMC 19265 b

1   under this Section for drug overdose prevention projects

2   operated on the licensed premises of the hospital and

3   operated by the hospital or its designated agent. The

4   Department shall streamline hospital enrollment for drug

5   overdose prevention programs by accepting such deemed

6   status under this Section in order to reduce barriers to

7   hospital participation in drug overdose prevention,

8   recognition, or response projects. Subject to

9   appropriation, any hospital under this paragraph and any

10  other organization deemed eligible by the Department shall

11  be enrolled to receive fentanyl test strips from the

12  Department and distribute fentanyl test strips upon

13  enrollment in the Drug Overdose Prevention Program.

14  (4) In addition to moneys appropriated by the General

15  Assembly, the Department may seek grants from private

16  foundations, the federal government, and other sources to

17  fund the grants under this Section and to fund an

18  evaluation of the programs supported by the grants.

19  (d) Health care professional prescription of opioid

20 antagonists.

21  (1) A health care professional who, acting in good

22  faith, directly or by standing order, prescribes or

23  dispenses an opioid antagonist to: (a) a patient who, in

24  the judgment of the health care professional, is capable

25  of administering the drug in an emergency, or (b) a person

26  who is not at risk of opioid overdose but who, in the
    SB2394 Enrolled  - 182 - LRB104 09208 AMC 19265 b

1   judgment of the health care professional, may be in a

2   position to assist another individual during an

3   opioid-related drug overdose and who has received basic

4   instruction on how to administer an opioid antagonist

5   shall not, as a result of his or her acts or omissions, be

6   subject to: (i) any disciplinary or other adverse action

7   under the Medical Practice Act of 1987, the Physician

8   Assistant Practice Act of 1987, the Nurse Practice Act,

9   the Pharmacy Practice Act, or any other professional

10  licensing statute or (ii) any criminal liability, except

11  for willful and wanton misconduct.

12  (1.5) Notwithstanding any provision of or requirement

13  otherwise imposed by the Pharmacy Practice Act, the

14  Medical Practice Act of 1987, or any other law or rule,

15  including, but not limited to, any requirement related to

16  labeling, storage, or recordkeeping, a health care

17  professional or other person acting under the direction of

18  a health care professional may, directly or by standing

19  order, obtain, store, and dispense an opioid antagonist to

20  a patient in a facility that includes, but is not limited

21  to, a hospital, a hospital affiliate, or a federally

22  qualified health center if the patient information

23  specified in paragraph (4) of this subsection is provided

24  to the patient. A person acting in accordance with this

25  paragraph shall not, as a result of his or her acts or

26  omissions, be subject to: (i) any disciplinary or other
    SB2394 Enrolled  - 183 - LRB104 09208 AMC 19265 b

1   adverse action under the Medical Practice Act of 1987, the

2   Physician Assistant Practice Act of 1987, the Nurse

3   Practice Act, the Pharmacy Practice Act, or any other

4   professional licensing statute; or (ii) any criminal

5   liability, except for willful and wanton misconduct.

6   (2) A person who is not otherwise licensed to

7   administer an opioid antagonist may in an emergency

8   administer without fee an opioid antagonist if the person

9   has received the patient information specified in

10  paragraph (4) of this subsection and believes in good

11  faith that another person is experiencing a drug overdose.

12  The person shall not, as a result of his or her acts or

13  omissions, be (i) liable for any violation of the Medical

14  Practice Act of 1987, the Physician Assistant Practice Act

15  of 1987, the Nurse Practice Act, the Pharmacy Practice

16  Act, or any other professional licensing statute, or (ii)

17  subject to any criminal prosecution or civil liability,

18  except for willful and wanton misconduct.

19  (3) A health care professional prescribing an opioid

20  antagonist to a patient shall ensure that the patient

21  receives the patient information specified in paragraph

22  (4) of this subsection. Patient information may be

23  provided by the health care professional or a

24  community-based organization, substance use disorder

25  program, or other organization with which the health care

26  professional establishes a written agreement that includes
    SB2394 Enrolled  - 184 - LRB104 09208 AMC 19265 b

1   a description of how the organization will provide patient

2   information, how employees or volunteers providing

3   information will be trained, and standards for documenting

4   the provision of patient information to patients.

5   Provision of patient information shall be documented in

6   the patient's medical record or through similar means as

7   determined by agreement between the health care

8   professional and the organization. The Department, in

9   consultation with statewide organizations representing

10  physicians, pharmacists, advanced practice registered

11  nurses, physician assistants, substance use disorder

12  programs, and other interested groups, shall develop and

13  disseminate to health care professionals, community-based

14  organizations, substance use disorder programs, and other

15  organizations training materials in video, electronic, or

16  other formats to facilitate the provision of such patient

17  information.

18  (4) For the purposes of this subsection:

19  "Opioid antagonist" means a drug that binds to opioid

20  receptors and blocks or inhibits the effect of opioids

21  acting on those receptors, including, but not limited to,

22  naloxone hydrochloride or any other similarly acting drug

23  approved by the U.S. Food and Drug Administration.

24  "Health care professional" means a physician licensed

25  to practice medicine in all its branches, a licensed

26  physician assistant with prescriptive authority, a
    SB2394 Enrolled       - 185 - LRB104 09208 AMC 19265 b

1   licensed advanced practice registered nurse with

2   prescriptive authority, an advanced practice registered

3   nurse or physician assistant who practices in a hospital,

4   hospital affiliate, or ambulatory surgical treatment

5   center and possesses appropriate clinical privileges in

6   accordance with the Nurse Practice Act, or a pharmacist

7   licensed to practice pharmacy under the Pharmacy Practice

8   Act.

9   "Patient" includes a person who is not at risk of

10  opioid overdose but who, in the judgment of the physician,

11  advanced practice registered nurse, or physician

12  assistant, may be in a position to assist another

13  individual during an overdose and who has received patient

14  information as required in paragraph (2) of this

15  subsection on the indications for and administration of an

16  opioid antagonist.

17  "Patient information" includes information provided to

18  the patient on drug overdose prevention and recognition;

19  how to perform rescue breathing and resuscitation; opioid

20  antagonist dosage and administration; the importance of

21  calling 911; care for the overdose victim after

22  administration of the overdose antagonist; and other

23  issues as necessary.

24  (e) Drug overdose response policy.

25  (1) Every State and local government agency that

26  employs a law enforcement officer or fireman as those
    SB2394 Enrolled  - 186 - LRB104 09208 AMC 19265 b

1   terms are defined in the Line of Duty Compensation Act

2   must possess opioid antagonists and must establish a

3   policy to control the acquisition, storage,

4   transportation, and administration of such opioid

5   antagonists and to provide training in the administration

6   of opioid antagonists. A State or local government agency

7   that employs a probation officer, as defined in Section 9b

8   of the Probation and Probation Officers Act, or a fireman

9   as defined in the Line of Duty Compensation Act but does

10  not respond to emergency medical calls or provide medical

11  services shall be exempt from this subsection.

12  (2) Every publicly or privately owned ambulance,

13  special emergency medical services vehicle, non-transport

14  vehicle, or ambulance assist vehicle, as described in the

15  Emergency Medical Services (EMS) Systems Act, that

16  responds to requests for emergency services or transports

17  patients between hospitals in emergency situations must

18  possess opioid antagonists.

19  (3) Entities that are required under paragraphs (1)

20  and (2) to possess opioid antagonists may also apply to

21  the Department for a grant to fund the acquisition of

22  opioid antagonists and training programs on the

23  administration of opioid antagonists.

24 (Source: P.A. 102-598, eff. 1-1-22; 103-602, eff. 7-1-24;

25 103-980, eff. 1-1-25; revised 11-26-24.)
    SB2394 Enrolled            - 187 - LRB104 09208 AMC 19265 b

1   Section 85. The Department of Central Management Services

2 Law of the Civil Administrative Code of Illinois is amended by

3 changing Section 405-545 as follows:

4   (20 ILCS 405/405-545)

5   (This Section may contain text from a Public Act with a

6 delayed effective date)

7   Sec. 405-545. Opioid antagonists.

8   (a) As used in this Section, "opioid antagonist" has the

9 meaning given to that term in Section 5-23 of the Substance Use

10 Disorder Act

11  (b) A State agency may make opioid antagonists available

12 at a location where its employees work if the State agency

13 trains employees in the use and administration of the opioid

14 antagonists.

15  (c) An employee of a State agency that uses and

16 administers administrates opioid antagonists as described in

17 this Section is exempt from civil liability under Section 69

18 of the Good Samaritan Act.

19 (Source: P.A. 103-845, eff. 7-1-25; revised 10-21-24.)

20  Section 90. The Children and Family Services Act is

21 amended by changing Sections 5.15, 5.46, and 7.3b as follows:

22  (20 ILCS 505/5.15)

23  (Section scheduled to be repealed on July 1, 2026)
    SB2394 Enrolled  - 188 - LRB104 09208 AMC 19265 b

1   Sec. 5.15. Day care; Department of Human Services.

2   (a) For the purpose of ensuring effective statewide

3 planning, development, and utilization of resources for the

4 day care of children, operated under various auspices, the

5 Department of Human Services, or any State agency that assumes

6 these responsibilities, is designated to coordinate all day

7 care activities for children of the State and shall develop or

8 continue, and shall update every year, a State comprehensive

9 day-care plan for submission to the Governor that identifies

10 high-priority areas and groups, relating them to available

11 resources and identifying the most effective approaches to the

12 use of existing day care services. The State comprehensive

13 day-care plan shall be made available to the General Assembly

14 following the Governor's approval of the plan.

15  The plan shall include methods and procedures for the

16 development of additional day care resources for children to

17 meet the goal of reducing short-run and long-run dependency

18 and to provide necessary enrichment and stimulation to the

19 education of young children. Recommendations shall be made for

20 State policy on optimum use of private and public, local,

21 State and federal resources, including an estimate of the

22 resources needed for the licensing and regulation of day care

23 facilities.

24  A written report shall be submitted to the Governor and

25 the General Assembly annually on April 15. The report shall

26 include an evaluation of developments over the preceding
    SB2394 Enrolled        - 189 - LRB104 09208 AMC 19265 b

1 fiscal year, including cost-benefit analyses of various

2 arrangements. Beginning with the report in 1990 submitted by

3 the Department's predecessor agency and every 2 years

4 thereafter, the report shall also include the following:

5   (1) An assessment of the child care services, needs

6   and available resources throughout the State and an

7   assessment of the adequacy of existing child care

8   services, including, but not limited to, services assisted

9   under this Act and under any other program administered by

10  other State agencies.

11  (2) A survey of day care facilities to determine the

12  number of qualified caregivers, as defined by rule,

13  attracted to vacant positions, or retained at the current

14  positions, and any problems encountered by facilities in

15  attracting and retaining capable caregivers. The report

16  shall include an assessment, based on the survey, of

17  improvements in employee benefits that may attract capable

18  caregivers. The survey process shall incorporate feedback

19  from groups and individuals with relevant expertise or

20  lived experience, including, but not limited to, educators

21  and child care providers, regarding the collection of data

22  in order to inform strategies and costs related to the

23  Child Care Development Fund and the General Revenue Fund,

24  for the purpose of promoting workforce recruitment and

25  retention. The survey shall, at a minimum, be updated

26  every 4 years based on feedback received. Initial survey
    SB2394 Enrolled          - 190 - LRB104 09208 AMC 19265 b

1   updates shall be made prior to the 2025 survey data

2   collection.

3   (3) The average wages and salaries and fringe benefit

4   packages paid to caregivers throughout the State, computed

5   on a regional basis, compared to similarly qualified

6   employees in other but related fields.

7   (4) The qualifications of new caregivers hired at

8   licensed day care facilities during the previous 2-year

9   period.

10  (5) Recommendations for increasing caregiver wages and

11  salaries to ensure quality care for children.

12  (6) Evaluation of the fee structure and income

13  eligibility for child care subsidized by the State.

14  The requirement for reporting to the General Assembly

15 shall be satisfied by filing copies of the report as required

16 by Section 3.1 of the General Assembly Organization Act, and

17 filing such additional copies with the State Government Report

18 Distribution Center for the General Assembly as is required

19 under paragraph (t) of Section 7 of the State Library Act.

20  (b) The Department of Human Services shall establish

21 policies and procedures for developing and implementing

22 interagency agreements with other agencies of the State

23 providing child care services or reimbursement for such

24 services. The plans shall be annually reviewed and modified

25 for the purpose of addressing issues of applicability and

26 service system barriers.
    SB2394 Enrolled  - 191 - LRB104 09208 AMC 19265 b

1   (c) In cooperation with other State agencies, the

2 Department of Human Services shall develop and implement, or

3 shall continue, a resource and referral system for the State

4 of Illinois either within the Department or by contract with

5 local or regional agencies. Funding for implementation of this

6 system may be provided through Department appropriations or

7 other inter-agency funding arrangements. The resource and

8 referral system shall provide at least the following services:

9   (1) Assembling and maintaining a data base on the

10  supply of child care services.

11  (2) Providing information and referrals for parents.

12  (3) Coordinating the development of new child care

13  resources.

14  (4) Providing technical assistance and training to

15  child care service providers.

16  (5) Recording and analyzing the demand for child care

17  services.

18  (d) The Department of Human Services shall conduct day

19 care planning activities with the following priorities:

20  (1) Development of voluntary day care resources

21  wherever possible, with the provision for grants-in-aid

22  only where demonstrated to be useful and necessary as

23  incentives or supports. By January 1, 2002, the Department

24  shall design a plan to create more child care slots as well

25  as goals and timetables to improve quality and

26  accessibility of child care.
    SB2394 Enrolled  - 192 - LRB104 09208 AMC 19265 b

1   (2) Emphasis on service to children of recipients of

2   public assistance when such service will allow training or

3   employment of the parent toward achieving the goal of

4   independence.

5   (3) (Blank).

6   (4) Care of children from families in stress and

7   crises whose members potentially may become, or are in

8   danger of becoming, non-productive and dependent.

9   (5) Expansion of family day care facilities wherever

10  possible.

11  (6) Location of centers in economically depressed

12  neighborhoods, preferably in multi-service centers with

13  cooperation of other agencies. The Department shall

14  coordinate the provision of grants, but only to the extent

15  funds are specifically appropriated for this purpose, to

16  encourage the creation and expansion of child care centers

17  in high need communities to be issued by the State,

18  business, and local governments.

19  (7) Use of existing facilities free of charge or for

20  reasonable rental whenever possible in lieu of

21  construction.

22  (8) Development of strategies for assuring a more

23  complete range of day care options, including provision of

24  day care services in homes, in schools, or in centers,

25  which will enable a parent or parents to complete a course

26  of education or obtain or maintain employment and the
    SB2394 Enrolled  - 193 - LRB104 09208 AMC 19265 b

1   creation of more child care options for swing shift,

2   evening, and weekend workers and for working women with

3   sick children. The Department shall encourage companies to

4   provide child care in their own offices or in the building

5   in which the corporation is located so that employees of

6   all the building's tenants can benefit from the facility.

7   (9) Development of strategies for subsidizing students

8   pursuing degrees in the child care field.

9   (10) Continuation and expansion of service programs

10  that assist teen parents to continue and complete their

11  education.

12  Emphasis shall be given to support services that will help

13 to ensure such parents' graduation from high school and to

14 services for participants in any programs of job training

15 conducted by the Department.

16  (e) The Department of Human Services shall actively

17 stimulate the development of public and private resources at

18 the local level. It shall also seek the fullest utilization of

19 federal funds directly or indirectly available to the

20 Department.

21  Where appropriate, existing non-governmental agencies or

22 associations shall be involved in planning by the Department.

23  (f) To better accommodate the child care needs of low

24 income working families, especially those who receive

25 Temporary Assistance for Needy Families (TANF) or who are

26 transitioning from TANF to work, or who are at risk of
    SB2394 Enrolled      - 194 - LRB104 09208 AMC 19265 b

1 depending on TANF in the absence of child care, the Department

2 shall complete a study using outcome-based assessment

3 measurements to analyze the various types of child care needs,

4 including but not limited to: child care homes; child care

5 facilities; before and after school care; and evening and

6 weekend care. Based upon the findings of the study, the

7 Department shall develop a plan by April 15, 1998, that

8 identifies the various types of child care needs within

9 various geographic locations. The plan shall include, but not

10 be limited to, the special needs of parents and guardians in

11 need of non-traditional child care services such as early

12 mornings, evenings, and weekends; the needs of very low income

13 families and children and how they might be better served; and

14 strategies to assist child care providers to meet the needs

15 and schedules of low income families.

16  (g) This Section is repealed on July 1, 2026.

17 (Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff. 12-20-24;

18 revised 1-13-25.)

19  (20 ILCS 505/5.46)

20  Sec. 5.46. Application for Social Security benefits,

21 Supplemental Security Income, Veterans benefits, and Railroad

22 Retirement benefits.

23  (a) Definitions. As used in this Section:

24  "Achieving a Better Life Experience Account" or "ABLE

25 account" means an account established for the purpose of
    SB2394 Enrolled        - 195 - LRB104 09208 AMC 19265 b

1 financing certain qualified expenses of eligible individuals

2 as specifically provided for in Section 529A of the Internal

3 Revenue Code and Section 16.6 of the State Treasurer Act.

4   "Benefits" means Social Security benefits, Supplemental

5 Security Income, Veterans benefits, and Railroad Retirement

6 benefits.

7   "DCFS Guardianship Administrator" means a Department

8 representative appointed as guardian of the person or legal

9 custodian of the minor youth in care.

10  "Youth's attorney and guardian ad litem" means the person

11 appointed as the youth's attorney or guardian ad litem in

12 accordance with the Juvenile Court Act of 1987 in the

13 proceeding in which the Department is appointed as the youth's

14 guardian or custodian.

15  (b) Application for benefits.

16  (1) Upon receiving temporary custody or guardianship

17  of a youth in care, the Department shall assess the youth

18  to determine whether the youth may be eligible for

19  benefits. If, after the assessment, the Department

20  determines that the youth may be eligible for benefits,

21  the Department shall ensure that an application is filed

22  on behalf of the youth. The Department shall prescribe by

23  rule how it will review cases of youth in care at regular

24  intervals to determine whether the youth may have become

25  eligible for benefits after the initial assessment. The

26  Department shall make reasonable efforts to encourage
    SB2394 Enrolled         - 196 - LRB104 09208 AMC 19265 b

1   youth in care over the age of 18 who are likely eligible

2   for benefits to cooperate with the application process and

3   to assist youth with the application process.

4   (2) When applying for benefits under this Section for

5   a youth in care the Department shall identify a

6   representative payee in accordance with the requirements

7   of 20 CFR 404.2021 and 416.621. If the Department is

8   seeking to be appointed as the youth's representative

9   payee, the Department must consider input, if provided,

10  from the youth's attorney and guardian ad litem regarding

11  whether another representative payee, consistent with the

12  requirements of 20 CFR 404.2021 and 416.621, is available.

13  If the Department serves as the representative payee for a

14  youth over the age of 18, the Department shall request a

15  court order, as described in subparagraph (C) of paragraph

16  (1) of subsection (d) and in subparagraph (C) of paragraph

17  (2) of subsection (d).

18  (c) Notifications. The Department shall immediately notify

19 a youth over the age of 16, the youth's attorney and guardian

20 ad litem, and the youth's parent or legal guardian or another

21 responsible adult of:

22  (1) any application for or any application to become

23  representative payee for benefits on behalf of a youth in

24  care;

25  (2) beginning January 1, 2025, any communications from

26  the Social Security Administration, the U.S. Department of
    SB2394 Enrolled  - 197 - LRB104 09208 AMC 19265 b

1   Veterans Affairs, or the Railroad Retirement Board

2   pertaining to the acceptance or denial of benefits or the

3   selection of a representative payee; and

4   (3) beginning January 1, 2025, any appeal or other

5   action requested by the Department regarding an

6   application for benefits.

7   (d) Use of benefits. Consistent with federal law, when the

8 Department serves as the representative payee for a youth

9 receiving benefits and receives benefits on the youth's

10 behalf, the Department shall:

11  (1) Beginning January 1, 2024, ensure that when the

12  youth attains the age of 14 years and until the Department

13  no longer serves as the representative payee, a minimum

14  percentage of the youth's Supplemental Security Income

15  benefits are conserved in accordance with paragraph (4) as

16  follows:

17  (A) From the age of 14 through age 15, at least

18  40%.

19  (B) From the age of 16 through age 17, at least

20  80%.

21  (C) From the age of 18 and older, 100%, when a

22  court order has been entered expressly authorizing the

23  DCFS Guardianship Administrator to serve as the

24  designated representative to establish an ABLE account

25  on behalf of a youth in accordance with paragraph (4).

26  (2) Beginning January 1, 2024, ensure that when the
    SB2394 Enrolled          - 198 - LRB104 09208 AMC 19265 b

1   youth attains the age of 14 years and until the Department

2   no longer serves as the representative payee a minimum

3   percentage of the youth's Social Security benefits,

4   Veterans benefits, or Railroad Retirement benefits are

5   conserved in accordance with paragraph (3) or (4), as

6   applicable, as follows:

7   (A) From the age of 14 through age 15, at least

8   40%.

9   (B) From the age of 16 through age 17, at least

10  80%.

11  (C) From the age of 18, 100%. If establishment of

12  an ABLE account is necessary to conserve benefits for

13  youth age 18 and older, then benefits shall be

14  conserved in accordance with paragraph (4) when a

15  court order has been entered expressly authorizing the

16  DCFS Guardianship Administrator to serve as the

17  designated representative to establish an ABLE account

18  on behalf of a youth.

19  (3) Exercise discretion in accordance with federal law

20  and in the best interests of the youth when making

21  decisions to use or conserve the youth's benefits that are

22  less than or not subject to asset or resource limits under

23  federal law, including using the benefits to address the

24  youth's special needs and conserving the benefits for the

25  youth's reasonably foreseeable future needs.

26  (4) Appropriately monitor any federal asset or
    SB2394 Enrolled   - 199 - LRB104 09208 AMC 19265 b

1   resource limits for the Supplemental Security Income

2   benefits and ensure that the youth's best interest is

3   served by using or conserving the benefits in a way that

4   avoids violating any federal asset or resource limits that

5   would affect the youth's eligibility to receive the

6   benefits, including, but not limited to: ;

7   (A) establishing an ABLE account authorized by

8   Section 529A of the Internal Revenue Code of 1986, for

9   the youth and conserving the youth's benefits in that

10  account in a manner that appropriately avoids any

11  federal asset or resource limits;

12  (B) if the Department determines that using the

13  benefits for services for current special needs not

14  already provided by the Department is in the best

15  interest of the youth, using the benefits for those

16  services;

17  (C) if federal law requires certain back payments

18  of benefits to be placed in a dedicated account,

19  complying with the requirements for dedicated accounts

20  under 20 CFR 416.640(e); and

21  (D) applying any other exclusions from federal

22  asset or resource limits available under federal law

23  and using or conserving the youth's benefits in a

24  manner that appropriately avoids any federal asset or

25  resource limits.

26  (e) By July 1, 2024, the Department shall provide a report
    SB2394 Enrolled      - 200 - LRB104 09208 AMC 19265 b

1 to the General Assembly regarding youth in care who receive

2 benefits who are not subject to this Act. The report shall

3 discuss a goal of expanding conservation of children's

4 benefits to all benefits of all children of any age for whom

5 the Department serves as representative payee. The report

6 shall include a description of any identified obstacles, steps

7 to be taken to address the obstacles, and a description of any

8 need for statutory, rule, or procedural changes.

9   (f) (1) Accounting.

10  (A) Beginning on November 17, 2023 (the effective date

11  of Public Act 103-564) this amendatory Act of the 103rd

12  General Assembly through December 31, 2024, upon request

13  of the youth's attorney or guardian ad litem, the

14  Department shall provide an annual accounting to the

15  youth's attorney and guardian ad litem of how the youth's

16  benefits have been used and conserved.

17  (B) Beginning January 1, 2025 and every year

18  thereafter, an annual accounting of how the youth's

19  benefits have been used and conserved shall be provided

20  automatically to the youth's attorney and guardian ad

21  litem.

22  (C) In addition, within 10 business days of a request

23  from a youth or the youth's attorney and guardian ad

24  litem, the Department shall provide an accounting to the

25  youth of how the youth's benefits have been used and

26  conserved.
    SB2394 Enrolled      - 201 - LRB104 09208 AMC 19265 b

1   (2) The accounting shall include:

2   (A) The amount of benefits received on the youth's

3   behalf since the most recent accounting and the date

4   the benefits were received.

5   (B) Information regarding the youth's benefits and

6   resources, including the youth's benefits, insurance,

7   cash assets, trust accounts, earnings, and other

8   resources.

9   (C) An accounting of the disbursement of benefit

10  funds, including the date, amount, identification of

11  payee, and purpose.

12  (D) Information regarding each request by the

13  youth, the youth's attorney and guardian ad litem, or

14  the youth's caregiver for disbursement of funds and a

15  statement regarding the reason for not granting the

16  request if the request was denied.

17  When the Department's guardianship of the youth is being

18 terminated, prior to or upon the termination of guardianship,

19 the Department shall provide (i) a final accounting to the

20 youth's attorney and guardian ad litem, and to either the

21 person or persons who will assume guardianship of the youth or

22 who is in the process of adopting the youth, if the youth is

23 under 18, or to the youth, if the youth is over 18 and (ii)

24 information to the parent, guardian, or youth regarding how to

25 apply to become the designated representative for the youth's

26 ABLE account.
    SB2394 Enrolled  - 202 - LRB104 09208 AMC 19265 b

1   (g) Education. The Department shall provide the youth who

2 have funds conserved under paragraphs (1) and (2) of

3 subsection (d) with education and support, including specific

4 information regarding the existence, availability, and use of

5 funds conserved for the youth in accordance with paragraphs

6 (1) and (2) of subsection (d), beginning by age 14 in a

7 developmentally appropriate manner. The education and support

8 services shall be developed in consultation with input from

9 the Department's Statewide Youth Advisory Board. Education and

10 informational materials related to ABLE accounts shall be

11 developed in consultation with and approved by the State

12 Treasurer.

13  (h) Adoption of rules. The Department shall adopt rules to

14 implement the provisions of this Section by January 1, 2024.

15  (i) Reporting. No later than February 28, 2023, the

16 Department shall file a report with the General Assembly

17 providing the following information for State Fiscal Years

18 2019, 2020, 2021, and 2022 and annually beginning February 28,

19 2023, for the preceding fiscal year:

20  (1) The number of youth entering care.

21  (2) The number of youth entering care receiving each

22  of the following types of benefits: Social Security

23  benefits, Supplemental Security Income, Veterans benefits,

24  Railroad Retirement benefits.

25  (3) The number of youth entering care for whom the

26  Department filed an application for each of the following
    SB2394 Enrolled     - 203 - LRB104 09208 AMC 19265 b

1   types of benefits: Social Security benefits, Supplemental

2   Security Income, Veterans benefits, Railroad Retirement

3   benefits.

4   (4) The number of youth entering care who were awarded

5   each of the following types of benefits based on an

6   application filed by the Department: Social Security

7   benefits, Supplemental Security Income, Veterans benefits,

8   Railroad Retirement benefits.

9   (j) Annually beginning December 31, 2023, the Department

10 shall file a report with the General Assembly with the

11 following information regarding the preceding fiscal year:

12  (1) the number of conserved accounts established and

13  maintained for youth in care;

14  (2) the average amount conserved by age group; and

15  (3) the total amount conserved by age group.

16 (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23;

17 103-564, eff. 11-17-23; revised 7-18-24.)

18  (20 ILCS 505/7.3b)

19  Sec. 7.3b. Case plan requirements for hair-related needs

20 of youth in care.

21  (a) Purposes. Hair plays an important role in fostering

22 youths' connection to their race, culture, and identity. Hair

23 care Haircare promotes positive messages of self-worth,

24 comfort, and affection. Because these messages typically are

25 developed through interactions with family and community
    SB2394 Enrolled    - 204 - LRB104 09208 AMC 19265 b

1 members, it is necessary to establish a framework to ensure

2 that youth in care are not deprived of these messages and that

3 caregivers and appropriate child care facility staff are

4 adequately prepared to provide culturally competent hair care

5 haircare for youth.

6   (b) Definitions. As used in this Section:

7   (1) "Hair care" "Haircare" means all care related to

8   the maintenance of hair, including, but not limited to,

9   the daily maintenance routine, cutting, styling, or dying

10  of hair.

11  (2) "Culture" means the norms, traditions, and

12  experiences of a person's community that inform that

13  person's daily life and long-term goals.

14  (3) "Identity" means the memories, experiences,

15  relationships, and values that create one's sense of self.

16  This amalgamation creates a steady sense of who one is

17  over time, even as new facets are developed and

18  incorporated into one's identity.

19  (c) Hair care Haircare plan. Every case plan shall include

20 a hair care plan Haircare Plan for each youth in care that is

21 developed in consultation with the youth based upon the

22 youth's developmental abilities, as well as with the youth's

23 parents or caregivers or appropriate child care facility staff

24 if not contrary to the youth's wishes, and that outlines any

25 training or resources required by the caregiver or appropriate

26 child care facility staff to meet the hair care haircare needs
    SB2394 Enrolled         - 205 - LRB104 09208 AMC 19265 b

1 of the youth. At a minimum, the hair care plan Haircare Plan

2 must address:

3   (1) necessary hair care haircare steps to be taken to

4   preserve the youth's desired connection to the youth's

5   race, culture, gender, religion, and identity;

6   (2) necessary steps to be taken specific to the

7   youth's hair care haircare needs during emergency and

8   health situations; and

9   (3) the desires of the youth as they pertain to the

10  youth's hair care haircare.

11  A youth's hair care plan Haircare Plan must be reviewed at

12 the same time as the case plan review required under Section 6a

13 as well as during monthly visits to ensure compliance with the

14 hair care plan Haircare Plan and identify any needed changes.

15  (d) By June 1, 2025, the Department shall develop training

16 and resources to make available for caregivers and appropriate

17 child care facility staff to provide culturally competent hair

18 care haircare to youth in care.

19  (e) By June 1, 2025, the Department must adopt rules to

20 facilitate the implementation of this Section.

21 (Source: P.A. 103-850, eff. 1-1-25; revised 12-1-24.)

22  Section 95. The Foster Parent Law is amended by changing

23 Sections 1-15 and 1-20 as follows:

24  (20 ILCS 520/1-15)
    SB2394 Enrolled  - 206 - LRB104 09208 AMC 19265 b

1   Sec. 1-15. Foster parent rights. A foster parent's rights

2 include, but are not limited to, the following:

3   (1) The right to be treated with dignity, respect, and

4   consideration as a professional member of the child

5   welfare team.

6   (2) The right to be given standardized pre-service

7   training and appropriate ongoing training to meet mutually

8   assessed needs and improve the foster parent's skills.

9   (3) The right to be informed as to how to contact the

10  appropriate child placement agency in order to receive

11  information and assistance to access supportive services

12  for children in the foster parent's care.

13  (4) The right to receive timely financial

14  reimbursement commensurate with the care needs of the

15  child as specified in the service plan.

16  (5) The right to be provided a clear, written

17  understanding of a placement agency's plan concerning the

18  placement of a child in the foster parent's home. Inherent

19  in this right is the foster parent's responsibility to

20  support activities that will promote the child's right to

21  relationships with the child's own family and cultural

22  heritage.

23  (6) The right to be provided a fair, timely, and

24  impartial investigation of complaints concerning the

25  foster parent's licensure, to be provided the opportunity

26  to have a person of the foster parent's choosing present
    SB2394 Enrolled  - 207 - LRB104 09208 AMC 19265 b

1   during the investigation, and to be provided due process

2   during the investigation; the right to be provided the

3   opportunity to request and receive mediation or an

4   administrative review of decisions that affect licensing

5   parameters, or both mediation and an administrative

6   review; and the right to have decisions concerning a

7   licensing corrective action plan specifically explained

8   and tied to the licensing standards violated.

9   (7) The right, at any time during which a child is

10  placed with the foster parent, to receive additional or

11  necessary information that is relevant to the care of the

12  child.

13  (7.5) The right to be given information concerning a

14  child (i) from the Department as required under subsection

15  (u) of Section 5 of the Children and Family Services Act

16  and (ii) from a child welfare agency as required under

17  subsection (c-5) of Section 7.4 of the Child Care Act of

18  1969.

19  (8) The right to be notified of scheduled meetings and

20  staffings concerning the foster child in order to actively

21  participate in the case planning and decision-making

22  process regarding the child, including individual service

23  planning meetings, administrative case reviews,

24  interdisciplinary staffings, and individual educational

25  planning meetings; the right to be informed of decisions

26  made by the courts or the child welfare agency concerning
    SB2394 Enrolled  - 208 - LRB104 09208 AMC 19265 b

1   the child; the right to provide input concerning the plan

2   of services for the child and to have that input given full

3   consideration in the same manner as information presented

4   by any other professional on the team; and the right to

5   communicate with other professionals who work with the

6   foster child within the context of the team, including

7   therapists, physicians, attending health care

8   professionals, and teachers.

9   (9) The right to be given, in a timely and consistent

10  manner, any information a caseworker has regarding the

11  child and the child's family which is pertinent to the

12  care and needs of the child and to the making of a

13  permanency plan for the child. Disclosure of information

14  concerning the child's family shall be limited to that

15  information that is essential for understanding the needs

16  of and providing care to the child in order to protect the

17  rights of the child's family. When a positive relationship

18  exists between the foster parent and the child's family,

19  the child's family may consent to disclosure of additional

20  information.

21  (10) The right to be given reasonable written notice

22  of (i) any change in a child's case plan, (ii) plans to

23  terminate the placement of the child with the foster

24  parent, and (iii) the reasons for the change or

25  termination in placement. The notice shall be waived only

26  in cases of a court order or when the child is determined
    SB2394 Enrolled  - 209 - LRB104 09208 AMC 19265 b

1   to be at imminent risk of harm.

2   (11) The right to be notified in a timely and complete

3   manner of all court hearings, including notice of the date

4   and time of the court hearing, the name of the judge or

5   hearing officer hearing the case, the location of the

6   hearing, and the court docket number of the case; and the

7   right to intervene in court proceedings or to seek

8   mandamus under the Juvenile Court Act of 1987.

9   (12) The right to be considered as a placement option

10  when a foster child who was formerly placed with the

11  foster parent is to be re-entered into foster care, if

12  that placement is consistent with the best interest of the

13  child and other children in the foster parent's home.

14  (13) The right to have timely access to the child

15  placement agency's existing appeals process and the right

16  to be free from acts of harassment and retaliation by any

17  other party when exercising the right to appeal.

18  (14) The right to be informed of the Foster Parent

19  Hotline established under Section 35.6 of the Children and

20  Family Services Act and all of the rights accorded to

21  foster parents concerning reports of misconduct by

22  Department employees, service providers, or contractors,

23  confidential handling of those reports, and investigation

24  by the Inspector General appointed under Section 35.5 of

25  the Children and Family Services Act.

26  (15) The right to timely training necessary to meet
    SB2394 Enrolled        - 210 - LRB104 09208 AMC 19265 b

1   the hair care haircare needs of the children placed in the

2   foster parent's care.

3 (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25;

4 revised 11-21-24.)

5   (20 ILCS 520/1-20)

6   Sec. 1-20. Foster parent responsibilities. A foster

7 parent's responsibilities include, but are not limited to, the

8 following:

9   (1) The responsibility to openly communicate and share

10  information about the child with other members of the

11  child welfare team.

12  (2) The responsibility to respect the confidentiality

13  of information concerning foster children and their

14  families and act appropriately within applicable

15  confidentiality laws and regulations.

16  (3) The responsibility to advocate for children in the

17  foster parent's care.

18  (4) The responsibility to treat children in the foster

19  parent's care and the children's families with dignity,

20  respect, and consideration.

21  (5) The responsibility to recognize the foster

22  parent's own individual and familial strengths and

23  limitations when deciding whether to accept a child into

24  care; and the responsibility to recognize the foster

25  parent's own support needs and utilize appropriate
    SB2394 Enrolled  - 211 - LRB104 09208 AMC 19265 b

1   supports in providing care for foster children.

2   (6) The responsibility to be aware of the benefits of

3   relying on and affiliating with other foster parents and

4   foster parent associations in improving the quality of

5   care and service to children and families.

6   (7) The responsibility to assess the foster parent's

7   ongoing individual training needs and take action to meet

8   those needs.

9   (8) The responsibility to develop and assist in

10  implementing strategies to prevent placement disruptions,

11  recognizing the traumatic impact of placement disruptions

12  on a foster child and all members of the foster family; and

13  the responsibility to provide emotional support for the

14  foster children and members of the foster family if

15  preventive strategies fail and placement disruptions

16  occur.

17  (9) The responsibility to know the impact foster

18  parenting has on individuals and family relationships; and

19  the responsibility to endeavor to minimize, as much as

20  possible, any stress that results from foster parenting.

21  (10) The responsibility to know the rewards and

22  benefits to children, parents, families, and society that

23  come from foster parenting and to promote the foster

24  parenting experience in a positive way.

25  (11) The responsibility to know the roles, rights, and

26  responsibilities of foster parents, other professionals in
    SB2394 Enrolled      - 212 - LRB104 09208 AMC 19265 b

1   the child welfare system, the foster child, and the foster

2   child's own family.

3   (12) The responsibility to know and, as necessary,

4   fulfill the foster parent's responsibility to serve as a

5   mandated reporter of suspected child abuse or neglect

6   under the Abused and Neglected Child Reporting Act; and

7   the responsibility to know the child welfare agency's

8   policy regarding allegations that foster parents have

9   committed child abuse or neglect and applicable

10  administrative rules and procedures governing

11  investigations of those allegations.

12  (13) The responsibility to know and receive training

13  regarding the purpose of administrative case reviews,

14  client service plans, and court processes, as well as any

15  filing or time requirements associated with those

16  proceedings; and the responsibility to actively

17  participate in the foster parent's designated role in

18  these proceedings.

19  (14) The responsibility to know the child welfare

20  agency's appeal procedure for foster parents and the

21  rights of foster parents under the procedure.

22  (15) The responsibility to know and understand the

23  importance of maintaining accurate and relevant records

24  regarding the child's history and progress; and the

25  responsibility to be aware of and follow the procedures

26  and regulations of the child welfare agency with which the
    SB2394 Enrolled    - 213 - LRB104 09208 AMC 19265 b

1   foster parent is licensed or affiliated.

2   (16) The responsibility to share information, through

3   the child welfare team, with the subsequent caregiver

4   (whether the child's parent or another substitute

5   caregiver) regarding the child's adjustment in the foster

6   parent's home.

7   (17) The responsibility to provide care and services

8   that are respectful of and responsive to the child's

9   cultural needs and are supportive of the relationship

10  between the child and the child's own family; the

11  responsibility to recognize the increased importance of

12  maintaining a child's cultural identity when the race or

13  culture of the foster family differs from that of the

14  foster child; the responsibility to provide hair care

15  haircare that preserves the child's desired connection to

16  the child's race, culture, gender, religion, and identity;

17  and the responsibility to take action to address these

18  issues.

19 (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25;

20 revised 11-21-24.)

21  Section 100. The Foster Children's Bill of Rights Act is

22 amended by changing Section 5 as follows:

23  (20 ILCS 521/5)

24  Sec. 5. Foster Children's Bill of Rights. It is the policy
    SB2394 Enrolled   - 214 - LRB104 09208 AMC 19265 b

1 of this State that every child and adult in the care of the

2 Department of Children and Family Services who is placed in

3 foster care shall have the following rights:

4   (1) To live in a safe, healthy, and comfortable home

5   where they are treated with respect.

6   (2) To be free from physical, sexual, emotional, or

7   other abuse, or corporal punishment.

8   (3) To receive adequate and healthy food, adequate

9   clothing, and, for youth in group homes, residential

10  treatment facilities, and foster homes, an allowance.

11  (4) To receive medical, dental, vision, and mental

12  health services.

13  (5) To be free of the administration of medication or

14  chemical substances, unless authorized by a physician.

15  (6) To contact family members, unless prohibited by

16  court order, and social workers, attorneys, foster youth

17  advocates and supporters, Court Appointed Special

18  Advocates (CASAs), and probation officers.

19  (7) To visit and contact siblings, unless prohibited

20  by court order.

21  (8) To contact the Advocacy Office for Children and

22  Families established under the Children and Family

23  Services Act or the Department of Children and Family

24  Services' Office of the Inspector General regarding

25  violations of rights, to speak to representatives of these

26  offices confidentially, and to be free from threats or
    SB2394 Enrolled  - 215 - LRB104 09208 AMC 19265 b

1   punishment for making complaints.

2   (9) To make and receive confidential telephone calls

3   and send and receive unopened mail, unless prohibited by

4   court order.

5   (10) To attend religious services and activities of

6   their choice.

7   (11) To maintain an emancipation bank account and

8   manage personal income, consistent with the child's age

9   and developmental level, unless prohibited by the case

10  plan.

11  (12) To not be locked in a room, building, or facility

12  premises, unless placed in a secure child care facility

13  licensed by the Department of Children and Family Services

14  under the Child Care Act of 1969 and placed pursuant to

15  Section 2-27.1 of the Juvenile Court Act of 1987.

16  (13) To attend school and participate in

17  extracurricular, cultural, and personal enrichment

18  activities, consistent with the child's age and

19  developmental level, with minimal disruptions to school

20  attendance and educational stability.

21  (14) To work and develop job skills at an

22  age-appropriate level, consistent with State law.

23  (15) To have social contacts with people outside of

24  the foster care system, including teachers, church

25  members, mentors, and friends.

26  (16) If they meet age requirements, to attend services
    SB2394 Enrolled  - 216 - LRB104 09208 AMC 19265 b

1   and programs operated by the Department of Children and

2   Family Services or any other appropriate State agency that

3   aim to help current and former foster youth achieve

4   self-sufficiency prior to and after leaving foster care.

5   (17) To attend court hearings and speak to the judge.

6   (18) To have storage space for private use.

7   (19) To be involved in the development of their own

8   case plan and plan for permanent placement.

9   (20) To review their own case plan and plan for

10  permanent placement, if they are 12 years of age or older

11  and in a permanent placement, and to receive information

12  about their out-of-home placement and case plan, including

13  being told of changes to the case plan.

14  (21) To be free from unreasonable searches of personal

15  belongings.

16  (22) To the confidentiality of all juvenile court

17  records consistent with existing law.

18  (23) To have fair and equal access to all available

19  services, placement, care, treatment, and benefits, and to

20  not be subjected to discrimination or harassment on the

21  basis of actual or perceived race, ethnic group

22  identification, ancestry, national origin, color,

23  religion, sex, sexual orientation, gender identity, mental

24  or physical disability, or HIV status.

25  (24) To have caregivers and child welfare personnel

26  who have received sensitivity training and instruction on
    SB2394 Enrolled   - 217 - LRB104 09208 AMC 19265 b

1   matters concerning race, ethnicity, national origin,

2   color, ancestry, religion, mental and physical disability,

3   and HIV status.

4   (25) To have caregivers and child welfare personnel

5   who have received instruction on cultural competency and

6   sensitivity relating to, and best practices for, providing

7   adequate care to lesbian, gay, bisexual, and transgender

8   youth in out-of-home care.

9   (26) At 16 years of age or older, to have access to

10  existing information regarding the educational options

11  available, including, but not limited to, the coursework

12  necessary for vocational and postsecondary educational

13  programs, and information regarding financial aid for

14  postsecondary education.

15  (27) To have access to age-appropriate, medically

16  accurate information about reproductive health care, the

17  prevention of unplanned pregnancy, and the prevention and

18  treatment of sexually transmitted infections at 12 years

19  of age or older.

20  (28) To receive a copy of this Act from and have it

21  fully explained by the Department of Children and Family

22  Services when the child or adult is placed in the care of

23  the Department of Children and Family Services.

24  (29) To be placed in the least restrictive and most

25  family-like setting available and in close proximity to

26  their parent's home consistent with their health, safety,
    SB2394 Enrolled  - 218 - LRB104 09208 AMC 19265 b

1   best interests, and special needs.

2   (30) To participate in an age and developmentally

3   appropriate intake process immediately after placement in

4   the custody or guardianship of the Department. During the

5   intake process, the Department shall provide the youth

6   with a document describing inappropriate acts of

7   affection, discipline, and punishment by guardians, foster

8   parents, foster siblings, or any other adult responsible

9   for the youth's welfare. The Department shall review and

10  discuss the document with the child. The Department must

11  document completion of the intake process in the child's

12  records as well as giving a copy of the document to the

13  child.

14  (31) To participate in appropriate intervention and

15  counseling services after removal from the home of origin

16  in order to assess whether the youth is exhibiting signs

17  of traumatic stress, special needs, or mental illness.

18  (32) To receive a home visit by an assigned child

19  welfare specialist, per existing Department policies and

20  procedures, on a monthly basis or more frequently as

21  needed. In addition to what existing policies and

22  procedures outline, home visits shall be used to assess

23  the youth's well-being and emotional health following

24  placement, to determine the youth's relationship with the

25  youth's guardian or foster parent or with any other adult

26  responsible for the youth's welfare or living in or
    SB2394 Enrolled  - 219 - LRB104 09208 AMC 19265 b

1   frequenting the home environment, and to determine what

2   forms of discipline, if any, the youth's guardian or

3   foster parent or any other person in the home environment

4   uses to correct the youth.

5   (33) To be enrolled in an independent living services

6   program prior to transitioning out of foster care where

7   the youth will receive classes and instruction,

8   appropriate to the youth's age and developmental capacity,

9   on independent living and self-sufficiency in the areas of

10  employment, finances, meals, and housing as well as help

11  in developing life skills and long-term goals.

12  (34) To be assessed by a third-party entity or agency

13  prior to enrollment in any independent living services

14  program in order to determine the youth's readiness for a

15  transition out of foster care based on the youth's

16  individual needs, emotional development, and ability,

17  regardless of age, to make a successful transition to

18  adulthood.

19  (35) To hair care haircare that preserves the child's

20  desired connection to the child's race, culture, gender,

21  religion, and identity and to have a corresponding hair

22  care haircare plan established in accordance with Section

23  7.3b of the Children and Family Services Act. The

24  Department must provide, in a timely and consistent

25  manner, training for all caregivers and child welfare

26  personnel on how to meet the hair care haircare needs of
    SB2394 Enrolled         - 220 - LRB104 09208 AMC 19265 b

1   children.

2 (Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23;

3 103-850, eff. 1-1-25; revised 11-21-24.)

4   Section 105. The Department of Commerce and Economic

5 Opportunity Law of the Civil Administrative Code of Illinois

6 is amended by setting forth, renumbering, and changing

7 multiple versions of Section 605-1115 as follows:

8   (20 ILCS 605/605-1115)

9   Sec. 605-1115. Quantum computing campuses.

10  (a) As used in this Section:

11  "Data center" means a facility: (1) whose primary services

12 are the storage, management, and processing of digital data;

13 and (2) that is used to house (A) computer and network systems,

14 including associated components such as servers, network

15 equipment and appliances, telecommunications, and data storage

16 systems, (B) systems for monitoring and managing

17 infrastructure performance, (C) Internet-related equipment and

18 services, (D) data communications connections, (E)

19 environmental controls, (F) fire protection systems, and (G)

20 security systems and services.

21  "Full-time equivalent job" means a job in which an

22 employee works for a tenant of the quantum campus at a rate of

23 at least 35 hours per week. Vacations, paid holidays, and sick

24 time are included in this computation. Overtime is not
    SB2394 Enrolled     - 221 - LRB104 09208 AMC 19265 b

1 considered a part of regular hours.

2   "Quantum computing campus" or "campus" is a contiguous

3 area located in the State of Illinois that is designated by the

4 Department as a quantum computing campus in order to support

5 the demand for quantum computing research, development, and

6 implementation for practical use. A quantum computing campus

7 may include educational institutions intuitions, nonprofit

8 research and development organizations, and for-profit

9 organizations serving as anchor tenants and joining tenants

10 that, with approval from the Department, may change. Tenants

11 located at the campus shall have direct and supporting roles

12 in quantum computing activities. Eligible tenants include

13 quantum computer operators and research facilities, data

14 centers, manufacturers and assemblers of quantum computers and

15 component parts, cryogenic or refrigeration facilities, and

16 other facilities determined, by industry and academic leaders,

17 to be fundamental to the research and development of quantum

18 computing for practical solutions. Quantum computing shall

19 include the research, development, and use of computing

20 methods that generate and manipulate quantum bits in a

21 controlled quantum state. This includes the use of photons,

22 semiconductors, superconductors, trapped ions, and other

23 industry and academically regarded methods for simulating

24 quantum bits. Additionally, a quantum campus shall meet the

25 following criteria:

26  (1) the campus must comprise a minimum of one-half
    SB2394 Enrolled  - 222 - LRB104 09208 AMC 19265 b

1   square mile and not more than 4 square miles;

2   (2) the campus must contain tenants that demonstrate a

3   substantial plan for using the designation to encourage

4   participation by organizations owned by minorities, women,

5   and persons with disabilities, as those terms are defined

6   in the Business Enterprise for Minorities, Women, and

7   Persons with Disabilities Act, and the hiring of

8   minorities, women, and persons with disabilities;

9   (3) upon being placed in service, within 60 months

10  after designation or incorporation into a campus, the

11  owners of property located in a campus shall certify to

12  the Department that the property is carbon neutral or has

13  attained certification under one or more of the following

14  green building standards:

15  (A) BREEAM for New Construction or BREEAM, In-Use;

16  (B) ENERGY STAR;

17  (C) Envision;

18  (D) ISO 50001-energy management;

19  (E) LEED for Building Design and Construction, or

20  LEED for Operations and Maintenance;

21  (F) Green Globes for New Construction, or Green

22  Globes for Existing Buildings;

23  (G) UL 3223; or

24  (H) an equivalent program approved by the

25  Department.

26  (b) Tenants located in a designated quantum computing
    SB2394 Enrolled  - 223 - LRB104 09208 AMC 19265 b

1 campus shall qualify for the following exemptions and credits:

2   (1) the Department may certify a taxpayer for an

3   exemption from any State or local use tax or retailers'

4   occupation tax on building materials that will be

5   incorporated into real estate at a quantum computing

6   campus;

7   (2) an exemption from the charges imposed under

8   Section 9-222 of the Public Utilities Act, Section 5-10 of

9   the Gas Use Tax Law, Section 2-4 of the Electricity Excise

10  Tax Law, Section 2 of the Telecommunications Excise Tax

11  Act, Section 10 of the Telecommunications Infrastructure

12  Maintenance Fee Act, and Section 5-7 of the Simplified

13  Municipal Telecommunications Tax Act; and

14  (3) a credit against the taxes imposed under

15  subsections (a) and (b) of Section 201 of the Illinois

16  Income Tax Act as provided in Section 241 of the Illinois

17  Income Tax Act.

18  (c) Certificates of exemption and credit certificates

19 under this Section shall be issued by the Department. Upon

20 certification by the Department under this Section, the

21 Department shall notify the Department of Revenue of the

22 certification. The exemption status shall take effect within 3

23 months after certification of the taxpayer and notice to the

24 Department of Revenue by the Department.

25  (d) Entities seeking to form a quantum computing campus

26 must apply to the Department in the manner specified by the
    SB2394 Enrolled         - 224 - LRB104 09208 AMC 19265 b

1 Department. Entities seeking to join an established campus

2 must apply for an amendment to the existing campus. This

3 application for amendment must be submitted to the Department

4 with support from other campus members.

5   The Department shall determine the duration of

6 certificates of exemption awarded under this Act. The duration

7 of the certificates of exemption may not exceed 20 calendar

8 years and one renewal for an additional 20 years.

9   The Department and any tenant located in a quantum

10 computing campus seeking the benefits under this Section must

11 enter into a memorandum of understanding that, at a minimum,

12 provides:

13  (1) the details for determining the amount of capital

14  investment to be made;

15  (2) the number of new jobs created;

16  (3) the timeline for achieving the capital investment

17  and new job goals;

18  (4) the repayment obligation should those goals not be

19  achieved and any conditions under which repayment by the

20  tenant or tenants claiming the exemption shall be

21  required;

22  (5) the duration of the exemptions; and

23  (6) other provisions as deemed necessary by the

24  Department.

25  The Department shall, within 10 days after the

26 designation, send a letter of notification to each member of
    SB2394 Enrolled          - 225 - LRB104 09208 AMC 19265 b

1 the General Assembly whose legislative district or

2 representative district contains all or part of the designated

3 area.

4   (e) Beginning on July 1, 2025, and each year thereafter,

5 the Department shall annually report to the Governor and the

6 General Assembly on the outcomes and effectiveness of Public

7 Act 103-595 this amendatory Act of the 103rd General Assembly.

8 The report shall include the following:

9        (1) the names of each tenant located within the

10  quantum computing campus;

11       (2) the location of each quantum computing campus;

12       (3) the estimated value of the credits to be issued to

13  quantum computing campus tenants;

14       (4) the number of new jobs and, if applicable,

15  retained jobs pledged at each quantum computing campus;

16  and

17       (5) whether or not the quantum computing campus is

18  located in an underserved area, an energy transition zone,

19  or an opportunity zone.

20  (f) Tenants at the quantum computing campus seeking a

21 certificate of exemption related to the construction of

22 required facilities shall require the contractor and all

23 subcontractors to:

24       (1) comply with the requirements of Section 30-22 of

25  the Illinois Procurement Code as those requirements apply

26  to responsible bidders and to present satisfactory
    SB2394 Enrolled         - 226 - LRB104 09208 AMC 19265 b

1   evidence of that compliance to the Department; and

2   (2) enter into a project labor agreement submitted to

3   the Department.

4   (g) The Department shall not issue any new certificates of

5 exemption under the provisions of this Section after July 1,

6 2030. This sunset shall not affect any existing certificates

7 of exemption in effect on July 1, 2030.

8   (h) The Department shall adopt rules to implement and

9 administer this Section.

10 (Source: P.A. 103-595, eff. 6-26-24; revised 9-27-24.)

11  (20 ILCS 605/605-1116)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 605-1116 605-1115. Creative Economy Task Force.

14  (a) Subject to appropriation, the Creative Economy Task

15 Force is created within the Department of Commerce and

16 Economic Opportunity to create a strategic plan to develop the

17 creative economy in this State.

18  (b) The Task Force shall consist of the following members:

19  (1) the Director of Commerce and Economic Opportunity

20  or the Director's designee, who shall serve as chair of

21  the Task Force;

22  (2) the Executive Director of the Illinois Arts

23  Council or the Executive Director's designee, who shall

24  serve as the vice-chair of the Task Force;

25  (3) one member appointed by the Speaker of the House
    SB2394 Enrolled         - 227 - LRB104 09208 AMC 19265 b

1   of Representatives;

2        (4) one member appointed by the Minority Leader of the

3   House of Representatives;

4        (5) one member appointed by the President of the

5   Senate;

6        (6) one member appointed by the Minority Leader of the

7   Senate;

8        (7) one member from the banking industry with

9   experience in matters involving the federal Small Business

10  Administration, appointed by the Governor;

11       (8) one member from a certified public accounting firm

12  or other company with experience in financial modeling and

13  the creative arts, appointed by the Governor;

14       (9) one member recommended by a statewide organization

15  representing counties, appointed by the Governor;

16       (10) one member from an Illinois public institution of

17  higher education or nonprofit research institution with

18  experience in matters involving cultural arts, appointed

19  by the Governor;

20       (11) the Director of Labor or the Director's designee;

21  and

22       (12) five members from this State's arts community,

23  appointed by the Governor, including, but not limited to,

24  the following sectors:

25           (A) film, television, and video production;

26           (B) recorded audio and music production;
    SB2394 Enrolled      - 228 - LRB104 09208 AMC 19265 b

1   (C) animation production;

2   (D) video game development;

3   (E) live theater, orchestra, ballet, and opera;

4   (F) live music performance;

5   (G) visual arts, including sculpture, painting,

6   graphic design, and photography;

7   (H) production facilities, such as film and

8   television studios;

9   (I) live music or performing arts venues; and

10  (J) arts service organizations.

11  (c) No later than July 1, 2026, the Task Force shall

12 collect and analyze data on the current state of the creative

13 economy in this State and develop a strategic plan to improve

14 this State's creative economy that can be rolled out in

15 incremental phases to reach identified economic, social

16 justice, and business development goals. The goal of the

17 strategic plan shall be to ensure that this State is

18 competitive with respect to attracting creative economy

19 business, retaining talent within this State, and developing

20 marketable content that can be exported for national and

21 international consumption and monetization. The strategic plan

22 shall address support for the creative community within

23 historically marginalized communities, as well as the creative

24 economy at large, and take into account the diverse interests,

25 strengths, and needs of the people of this State. In

26 developing the strategic plan for the creative economy in this
    SB2394 Enrolled    - 229 - LRB104 09208 AMC 19265 b

1 State, the Task Force shall:

2   (1) identify existing studies of aspects affecting the

3   creative economy, including studies relating to tax

4   issues, legislation, finance, population and demographics,

5   and employment;

6   (2) conduct a comparative analysis with other

7   jurisdictions that have successfully developed creative

8   economy plans and programs;

9   (3) conduct in-depth interviews to identify best

10  practices for structuring a strategic plan for this State;

11  (4) evaluate existing banking models for financing

12  creative economy projects in the private sector and

13  develop a financial model to promote investment in this

14  State's creative economy;

15  (5) evaluate existing federal, State, and local tax

16  incentives and make recommendations for improvements to

17  support the creative economy;

18  (6) identify the role that counties and cities play

19  with respect to the strategic plan and the specific

20  counties and cities that may need or want a stronger

21  creative economy;

22  (7) identify opportunities for aligning with new

23  business models and the integration of new technologies;

24  (8) identify the role that State education programs in

25  the creative arts play in the creative economy and with

26  respect to advancing the strategic plan;
    SB2394 Enrolled            - 230 - LRB104 09208 AMC 19265 b

1         (9) identify geographic areas with the least amount of

2   access or opportunity for a creative economy;

3         (10) identify opportunities for earn-and-learn job

4   training employment for students who have enrolled or

5   completed a program in the arts, low-income or unemployed

6   creative workers, and others with demonstrated interest in

7   creative work in their communities; and

8         (11) identify existing initiatives and projects that

9   can be used as models for earn-and-learn opportunities or

10  as examples of best practices for earn-and-learn

11  opportunities that can be replicated Statewide or in

12  different regions.

13  (d) The Task Force shall submit its findings and

14 recommendations to the General Assembly no later than July 1,

15 2026.

16  (e) Members of the Task Force shall serve without

17 compensation but may be reimbursed for necessary expenses

18 incurred in the performance of their duties. The Department of

19 Commerce and Economic Opportunity shall provide administrative

20 support to the Task Force.

21  (f) Appropriations for the Task Force may be used to

22 support operational expenses of the Department, including

23 entering into a contract with a third-party provider for

24 administrative support.

25  (g) The Director or the Director's designee may, after

26 issuing a request for proposals, designate a third-party
    SB2394 Enrolled            - 231 - LRB104 09208 AMC 19265 b

1 provider to help facilitate Task Force meetings, compile

2 information, and prepare the strategic plan described in

3 subsection (c). A third-party provider contracted by the

4 Director shall have experience conducting business in

5 professional arts or experience in business development and

6 drafting business plans and multidisciplinary planning

7 documents.

8   (h) This Section is repealed January 1, 2027.

9 (Source: P.A. 103-811, eff. 8-9-24; revised 9-23-24.)

10  (20 ILCS 605/605-1117)

11  (Section scheduled to be repealed on June 1, 2026)

12  Sec. 605-1117 605-1115. Task Force on Interjurisdictional

13 Industrial Zoning Impacts.

14  (a) The General Assembly finds that industrial

15 developments typically have regional impacts, both positive

16 and negative. Those impacts extend beyond the zoning authority

17 of the unit of local government where the development is

18 located. Units of local government may experience impacts on

19 public health, public safety, the environment, traffic,

20 property values, population, and other considerations as a

21 result of industrial development occurring outside of the

22 their zoning jurisdiction, including areas adjacent to their

23 borders.

24  (b) The Task Force on Interjurisdictional Industrial

25 Zoning Impacts is created within the Department of Commerce
    SB2394 Enrolled          - 232 - LRB104 09208 AMC 19265 b

1 and Economic Opportunity. The Task Force shall examine the

2 following:

3   (1) current State and local zoning laws and policies

4   related to large industrial developments;

5   (2) current State and local laws and policies related

6   to annexation;

7   (3) State and local zoning and annexation laws and

8   policies outside of Illinois;

9   (4) the potential impacts of large industrial

10  developments on neighboring units of local government,

11  including how those developments may affect residential

12  communities;

13  (5) trends in industrial zoning across urban,

14  suburban, and rural regions of Illinois;

15  (6) available methodologies to determine the impact of

16  large industrial developments; and

17  (7) outcomes in recent zoning proceedings for large

18  industrial developments or attempts to develop properties

19  for large industrial purposes, including the recent

20  attempt to convert a 101 acre campus in Lake County near

21  Deerfield.

22  (c) The Task Force on Interjurisdictional Industrial

23 Zoning Impacts shall consist of the following members:

24  (1) the Director of Commerce and Economic Opportunity

25  or his or her designee;

26  (2) one member, appointed by the President of the
    SB2394 Enrolled         - 233 - LRB104 09208 AMC 19265 b

1   Senate, representing a statewide organization of

2   municipalities described in Section 1-8-1 of the Illinois

3   Municipal Code;

4   (3) one member, appointed by the President of the

5   Senate, representing a regional association of

6   municipalities and mayors;

7   (4) one member, appointed by the President of the

8   Senate, representing a regional association that

9   represents the commercial real estate industry;

10  (5) one member, appointed by the Speaker of the House

11  of Representatives, representing a statewide association

12  representing counties;

13  (6) one member, appointed by the Speaker of the House

14  of Representatives, representing a regional association of

15  municipalities and mayors;

16  (7) one member, appointed by the Minority Leader of

17  the Senate, representing a statewide professional economic

18  development association;

19  (8) one member, appointed by the Minority Leader of

20  the House of Representatives, representing a statewide

21  association of park districts;

22  (9) one member representing a statewide labor

23  organization, appointed by the Governor;

24  (10) one member representing the Office of the

25  Governor, appointed by the Governor;

26  (11) one member of the Senate, appointed by the
    SB2394 Enrolled       - 234 - LRB104 09208 AMC 19265 b

1   President of the Senate;

2          (12) one member of the Senate, appointed by the

3   Minority Leader of the Senate;

4          (13) one member of the House of Representatives,

5   appointed by the Speaker of the House of Representatives;

6          (14) one member of the House of Representatives,

7   appointed by the Minority Leader of the House of

8   Representatives; and

9          (15) one member representing a statewide manufacturing

10  association, appointed by the Governor.

11  (d) The members of the Task Force shall serve without

12 compensation. The Department of Commerce and Economic

13 Opportunity shall provide administrative support to the Task

14 Force.

15  (e) The Task Force shall meet at least once every 2 months.

16 Upon the first meeting of the Task Force, the members of the

17 Task Force shall elect a chairperson of the Task Force.

18  (f) The Task Force shall prepare a report on its findings

19 concerning zoning for large industrial development and

20 associated interjurisdictional impacts, including any

21 recommendations. The report shall be submitted to the Governor

22 and the General Assembly no later than December 31, 2025.

23  (g) This Section is repealed June 1, 2026.

24 (Source: P.A. 103-882, eff. 8-9-24; revised 9-23-24.)

25  Section 110. The Economic Development Area Tax Increment
   SB2394 Enrolled  - 235 - LRB104 09208 AMC 19265 b

1 Allocation Act is amended by changing Section 8 as follows:

2  (20 ILCS 620/8) (from Ch. 67 1/2, par. 1008)

3  Sec. 8. Issuance of obligations for economic development

4 project costs. Obligations secured by the special tax

5 allocation fund provided for in Section 7 of this Act for an

6 economic development project area may be issued to provide for

7 economic development project costs. Those obligations, when so

8 issued, shall be retired in the manner provided in the

9 ordinance authorizing the issuance of the obligations by the

10 receipts of taxes levied as specified in Section 6 of this Act

11 against the taxable property included in the economic

12 development project area and by other revenue designated or

13 pledged by the municipality. A municipality may in the

14 ordinance pledge all or any part of the funds in and to be

15 deposited in the special tax allocation fund created pursuant

16 to Section 7 of this Act to the payment of the economic

17 development project costs and obligations. Whenever a

18 municipality pledges all of the funds to the credit of a

19 special tax allocation fund to secure obligations issued or to

20 be issued to pay economic development project costs, the

21 municipality may specifically provide that funds remaining to

22 the credit of such special tax allocation fund after the

23 payment of such obligations shall be accounted for annually

24 and shall be deemed to be "surplus" funds, and such "surplus"

25 funds shall be distributed as hereinafter provided. Whenever a
    SB2394 Enrolled           - 236 - LRB104 09208 AMC 19265 b

1 municipality pledges less than all of the monies to the credit

2 of a special tax allocation fund to secure obligations issued

3 or to be issued to pay economic development project costs, the

4 municipality shall provide that monies to the credit of the

5 special tax allocation fund and not subject to such pledge or

6 otherwise encumbered or required for payment of contractual

7 obligations for specific economic development project costs

8 shall be calculated annually and shall be deemed to be

9 "surplus" funds, and such "surplus" funds shall be distributed

10 as hereinafter provided. All funds to the credit of a special

11 tax allocation fund which are deemed to be "surplus" funds

12 shall be distributed annually within 180 days of the close of

13 the municipality's fiscal year by being paid by the municipal

14 treasurer to the county collector. The county collector shall

15 thereafter make distribution to the respective taxing

16 districts in the same manner and proportion as the most recent

17 distribution by the county collector to those taxing districts

18 of real property taxes from real property in the economic

19 development project area.

20  Without limiting the foregoing in this Section, the

21 municipality may, in addition to obligations secured by the

22 special tax allocation fund, pledge for a period not greater

23 than the term of the obligations towards payment of those

24 obligations any part or any combination of the following: (i)

25 net revenues of all or part of any economic development

26 project; (ii) taxes levied and collected on any or all
    SB2394 Enrolled  - 237 - LRB104 09208 AMC 19265 b

1 property in the municipality, including, specifically, taxes

2 levied or imposed by the municipality in a special service

3 area pursuant to "An Act to provide the manner of levying or

4 imposing taxes for the provision of special services to areas

5 within the boundaries of home rule units and non-home rule

6 municipalities and counties", approved September 21, 1973, as

7 now or hereafter amended; (iii) the full faith and credit of

8 the municipality; (iv) a mortgage on part or all of the

9 economic development project; or (v) any other taxes or

10 anticipated receipts that the municipality may lawfully

11 pledge.

12  Such obligations may be issued in one or more series

13 bearing interest at such rate or rates as the corporate

14 authorities of the municipality shall determine by ordinance,

15 which rate or rates may be variable or fixed, without regard to

16 any limitations contained in any law now in effect or

17 hereafter adopted. Such obligations shall bear such date or

18 dates, mature at such time or times not exceeding 38 years from

19 their respective dates, but in no event exceeding 38 years

20 from the date of establishment of the economic development

21 project area, be in such denomination, be in such form,

22 whether coupon, registered, or book-entry, carry such

23 registration, conversion, and exchange privileges, be executed

24 in such manner, be payable in such medium of payment at such

25 place or places within or without the State of Illinois,

26 contain such covenants, terms, and conditions, be subject to
    SB2394 Enrolled  - 238 - LRB104 09208 AMC 19265 b

1 redemption with or without premium, be subject to defeasance

2 upon such terms, and have such rank or priority, as such

3 ordinance shall provide. Obligations issued pursuant to this

4 Act may be sold at public or private sale at such price as

5 shall be determined by the corporate authorities of the

6 municipalities. Such obligations may, but need not, be issued

7 utilizing the provisions of any one or more of the omnibus bond

8 Acts specified in Section 1.33 of the Statute on Statutes "An

9 Act to revise the law in relation to the construction of the

10 statutes", approved March 5, 1874, as now or hereafter

11 amended. No referendum approval of the electors shall be

12 required as a condition to the issuance of obligations

13 pursuant to this Act except as provided in this Section.

14  Whenever a municipality issues bonds for the purpose of

15 financing economic development project costs, the municipality

16 may provide by ordinance for the appointment of a trustee,

17 which may be any trust company within the State, and for the

18 establishment of the funds or accounts to be maintained by

19 such trustee as the municipality shall deem necessary to

20 provide for the security and payment of the bonds. If the

21 municipality provides for the appointment of a trustee, the

22 trustee shall be considered the assignee of any payments

23 assigned by the municipality pursuant to the ordinance and

24 this Section. Any amounts paid to the trustee as assignee

25 shall be deposited in the funds or accounts established

26 pursuant to the trust agreement, and shall be held by the
   SB2394 Enrolled  - 239 - LRB104 09208 AMC 19265 b

1 trustee in trust for the benefit of the holders of the bonds,

2 and the holders shall have a lien on and a security interest in

3 those bonds or accounts so long as the bonds remain

4 outstanding and unpaid. Upon retirement of the bonds, the

5 trustee shall pay over any excess amounts held to the

6 municipality for deposit in the special tax allocation fund.

7  In the event the municipality authorizes the issuance of

8 obligations pursuant to the authority of this Act secured by

9 the full faith and credit of the municipality, or pledges ad

10 valorem taxes pursuant to clause (ii) of the second paragraph

11 of this Section, which obligations are other than obligations

12 which may be issued under home rule powers provided by Article

13 VII, Section 6 of the Illinois Constitution or which ad

14 valorem taxes are other than ad valorem taxes which may be

15 pledged under home rule powers provided by Article VII,

16 Section 6 of the Illinois Constitution or which are levied in a

17 special service area pursuant to "An Act to provide the manner

18 of levying or imposing taxes for the provision of special

19 services to areas within the boundaries of home rule units and

20 non-home rule municipalities and counties", approved September

21 21, 1973, as now or hereafter amended, the ordinance

22 authorizing the issuance of those obligations or pledging

23 those taxes shall be published within 10 days after the

24 ordinance has been adopted, in one or more newspapers having a

25 general circulation within the municipality. The publication

26 of the ordinance shall be accompanied by a notice of: (1) the
   SB2394 Enrolled            - 240 - LRB104 09208 AMC 19265 b

1 specific number of voters required to sign a petition

2 requesting the question of the issuance of the obligations or

3 pledging such ad valorem taxes to be submitted to the

4 electors; (2) the time within which the petition must be

5 filed; and (3) the date of the prospective referendum. The

6 municipal clerk shall provide a petition form to any

7 individual requesting one.

8  If no petition is filed with the municipal clerk, as

9 hereinafter provided in this Section, within 21 days after the

10 publication of the ordinance, the ordinance shall be in

11 effect. However, if, within that 21-day 21 day period, a

12 petition is filed with the municipal clerk, signed by electors

13 numbering not less than 15% of the number of electors voting

14 for the mayor or president at the last general municipal

15 election, asking that the question of issuing obligations

16 using full faith and credit of the municipality as security

17 for the cost of paying for economic development project costs,

18 or of pledging such ad valorem taxes for the payment of those

19 obligations, or both, be submitted to the electors of the

20 municipality, the municipality shall not be authorized to

21 issue obligations of the municipality using the full faith and

22 credit of the municipality as security or pledging such ad

23 valorem taxes for the payment of those obligations, or both,

24 until the proposition has been submitted to and approved by a

25 majority of the voters voting on the proposition at a

26 regularly scheduled election. The municipality shall certify
    SB2394 Enrolled  - 241 - LRB104 09208 AMC 19265 b

1 the proposition to the proper election authorities for

2 submission in accordance with the general election law.

3   The ordinance authorizing the obligations may provide that

4 the obligations shall contain a recital that they are issued

5 pursuant to this Act, which recital shall be conclusive

6 evidence of their validity and of the regularity of their

7 issuance.

8   In the event the municipality authorizes issuance of

9 obligations pursuant to this Act secured by the full faith and

10 credit of the municipality, the ordinance authorizing the

11 obligations may provide for the levy and collection of a

12 direct annual tax upon all taxable property within the

13 municipality sufficient to pay the principal thereof and

14 interest thereon as it matures, which levy may be in addition

15 to and exclusive of the maximum of all other taxes authorized

16 to be levied by the municipality, which levy, however, shall

17 be abated to the extent that monies from other sources are

18 available for payment of the obligations and the municipality

19 certifies the amount of those monies available to the county

20 clerk.

21  A certified copy of the ordinance shall be filed with the

22 county clerk of each county in which any portion of the

23 municipality is situated, and shall constitute the authority

24 for the extension and collection of the taxes to be deposited

25 in the special tax allocation fund.

26  A municipality may also issue its obligations to refund,
    SB2394 Enrolled          - 242 - LRB104 09208 AMC 19265 b

1 in whole or in part, obligations theretofore issued by the

2 municipality under the authority of this Act, whether at or

3 prior to maturity. However, the last maturity of the refunding

4 obligations shall not be expressed to mature later than 38

5 years from the date of the ordinance establishing the economic

6 development project area.

7   In the event a municipality issues obligations under home

8 rule powers or other legislative authority, the proceeds of

9 which are pledged to pay for economic development project

10 costs, the municipality may, if it has followed the procedures

11 in conformance with this Act, retire those obligations from

12 funds in the special tax allocation fund in amounts and in such

13 manner as if those obligations had been issued pursuant to the

14 provisions of this Act.

15  No obligations issued pursuant to this Act shall be

16 regarded as indebtedness of the municipality issuing those

17 obligations or any other taxing district for the purpose of

18 any limitation imposed by law.

19  Obligations issued pursuant to this Act shall not be

20 subject to the provisions of the Bond Authorization Act "An

21 Act to authorize public corporations to issue bonds, other

22 evidences of indebtedness and tax anticipation warrants

23 subject to interest rate limitations set forth therein",

24 approved May 26, 1970, as amended.

25 (Source: P.A. 97-636, eff. 6-1-12; revised 7-24-24.)
    SB2394 Enrolled   - 243 - LRB104 09208 AMC 19265 b

1   Section 115. The Reimagining Energy and Vehicles in

2 Illinois Act is amended by changing Sections 10, 20, 65, and 95

3 as follows:

4   (20 ILCS 686/10)

5   Sec. 10. Definitions. As used in this Act:

6   "Advanced battery" means a battery that consists of a

7 battery cell that can be integrated into a module, pack, or

8 system to be used in energy storage applications, including a

9 battery used in an electric vehicle or the electric grid.

10  "Advanced battery component" means a component of an

11 advanced battery, including materials, enhancements,

12 enclosures, anodes, cathodes, electrolytes, cells, and other

13 associated technologies that comprise an advanced battery.

14  "Agreement" means the agreement between a taxpayer and the

15 Department under the provisions of Section 45 of this Act.

16  "Applicant" means a taxpayer that (i) operates a business

17 in Illinois or is planning to locate a business within the

18 State of Illinois and (ii) is engaged in interstate or

19 intrastate commerce as an electric vehicle manufacturer, an

20 electric vehicle component parts manufacturer, or an electric

21 vehicle power supply equipment manufacturer. For applications

22 for credits under this Act that are submitted on or after

23 February 3, 2023 (the effective date of Public Act 102-1125)

24 this amendatory Act of the 102nd General Assembly, "applicant"

25 also includes a taxpayer that (i) operates a business in
    SB2394 Enrolled             - 244 - LRB104 09208 AMC 19265 b

1 Illinois or is planning to locate a business within the State

2 of Illinois and (ii) is engaged in interstate or intrastate

3 commerce as a renewable energy manufacturer. "Applicant" does

4 not include a taxpayer who closes or substantially reduces by

5 more than 50% operations at one location in the State and

6 relocates substantially the same operation to another location

7 in the State. This does not prohibit a Taxpayer from expanding

8 its operations at another location in the State. This also

9 does not prohibit a Taxpayer from moving its operations from

10 one location in the State to another location in the State for

11 the purpose of expanding the operation, provided that the

12 Department determines that expansion cannot reasonably be

13 accommodated within the municipality or county in which the

14 business is located, or, in the case of a business located in

15 an incorporated area of the county, within the county in which

16 the business is located, after conferring with the chief

17 elected official of the municipality or county and taking into

18 consideration any evidence offered by the municipality or

19 county regarding the ability to accommodate expansion within

20 the municipality or county.

21  "Battery raw materials" means the raw and processed form

22 of a mineral, metal, chemical, or other material used in an

23 advanced battery component.

24  "Battery raw materials refining service provider" means a

25 business that operates a facility that filters, sifts, and

26 treats battery raw materials for use in an advanced battery.
    SB2394 Enrolled           - 245 - LRB104 09208 AMC 19265 b

1   "Battery recycling and reuse manufacturer" means a

2 manufacturer that is primarily engaged in the recovery,

3 retrieval, processing, recycling, or recirculating of battery

4 raw materials for new use in electric vehicle batteries.

5   "Capital improvements" means the purchase, renovation,

6 rehabilitation, or construction of permanent tangible land,

7 buildings, structures, equipment, and furnishings in an

8 approved project sited in Illinois and expenditures for goods

9 or services that are normally capitalized, including

10 organizational costs and research and development costs

11 incurred in Illinois. For land, buildings, structures, and

12 equipment that are leased, the lease must equal or exceed the

13 term of the agreement, and the cost of the property shall be

14 determined from the present value, using the corporate

15 interest rate prevailing at the time of the application, of

16 the lease payments.

17  "Credit" means either a "REV Illinois Credit" or a "REV

18 Construction Jobs Credit" agreed to between the Department and

19 applicant under this Act.

20  "Department" means the Department of Commerce and Economic

21 Opportunity.

22  "Director" means the Director of Commerce and Economic

23 Opportunity.

24  "Electric vehicle" means a vehicle that is exclusively

25 powered by and refueled by electricity, including electricity

26 generated through hydrogen fuel cells or solar technology.
    SB2394 Enrolled  - 246 - LRB104 09208 AMC 19265 b

1 "Electric vehicle", except when referencing aircraft with

2 hybrid electric propulsion systems, does not include

3 hybrid-electric hybrid electric vehicles, electric bicycles,

4 or extended-range electric vehicles that are also equipped

5 with conventional fueled propulsion or auxiliary engines.

6   "Electric vehicle manufacturer" means a new or existing

7 manufacturer that is primarily focused on reequipping,

8 expanding, or establishing a manufacturing facility in

9 Illinois that produces electric vehicles as defined in this

10 Section.

11  "Electric vehicle component parts manufacturer" means a

12 new or existing manufacturer that is focused on reequipping,

13 expanding, or establishing a manufacturing facility in

14 Illinois that produces parts or accessories used in electric

15 vehicles, as defined by this Section, including advanced

16 battery component parts. The changes to this definition of

17 "electric vehicle component parts manufacturer" apply to

18 agreements under this Act that are entered into on or after

19 December 21, 2022 (the effective date of Public Act 102-1112)

20 this amendatory Act of the 102nd General Assembly.

21  "Electric vehicle power supply equipment" means the

22 equipment used specifically for the purpose of delivering

23 electricity to an electric vehicle, including hydrogen fuel

24 cells or solar refueling infrastructure.

25  "Electric vehicle power supply manufacturer" means a new

26 or existing manufacturer that is focused on reequipping,
    SB2394 Enrolled  - 247 - LRB104 09208 AMC 19265 b

1 expanding, or establishing a manufacturing facility in

2 Illinois that produces electric vehicle power supply equipment

3 used for the purpose of delivering electricity to an electric

4 vehicle, including hydrogen fuel cell or solar refueling

5 infrastructure.

6   "Electric vehicle powertrain technology" means equipment

7 used to convert electricity for use in aerospace propulsion.

8   "Electric vehicle powertrain technology manufacturer"

9 means a new or existing manufacturer that is focused on

10 reequipping, expanding, or establishing a manufacturing

11 facility in Illinois that develops and validates electric

12 vehicle powertrain technology for use in aerospace propulsion.

13  "Electric vertical takeoff and landing aircraft" or "eVTOL

14 aircraft" means a fully electric aircraft that lands and takes

15 off vertically.

16  "Energy Transition Area" means a county with less than

17 100,000 people or a municipality that contains one or more of

18 the following:

19  (1) a fossil fuel plant that was retired from service

20  or has significant reduced service within 6 years before

21  the time of the application or will be retired or have

22  service significantly reduced within 6 years following the

23  time of the application; or

24  (2) a coal mine that was closed or had operations

25  significantly reduced within 6 years before the time of

26  the application or is anticipated to be closed or have
    SB2394 Enrolled            - 248 - LRB104 09208 AMC 19265 b

1   operations significantly reduced within 6 years following

2   the time of the application.

3   "Full-time employee" means an individual who is employed

4 for consideration for at least 35 hours each week or who

5 renders any other standard of service generally accepted by

6 industry custom or practice as full-time employment. An

7 individual for whom a W-2 is issued by a Professional Employer

8 Organization (PEO) is a full-time employee if employed in the

9 service of the applicant for consideration for at least 35

10 hours each week.

11  "Green steel manufacturer" means an entity that

12 manufactures steel without the use of fossil fuels and with

13 zero net carbon emissions.

14  "Incremental income tax" means the total amount withheld

15 during the taxable year from the compensation of new employees

16 and, if applicable, retained employees under Article 7 of the

17 Illinois Income Tax Act arising from employment at a project

18 that is the subject of an agreement.

19  "Institution of higher education" or "institution" means

20 any accredited public or private university, college,

21 community college, business, technical, or vocational school,

22 or other accredited educational institution offering degrees

23 and instruction beyond the secondary school level.

24  "Minority person" means a minority person as defined in

25 the Business Enterprise for Minorities, Women, and Persons

26 with Disabilities Act.
    SB2394 Enrolled          - 249 - LRB104 09208 AMC 19265 b

1   "New employee" means a newly-hired, full-time employee

2 employed to work at the project site and whose work is directly

3 related to the project.

4   "Noncompliance date" means, in the case of a taxpayer that

5 is not complying with the requirements of the agreement or the

6 provisions of this Act, the day following the last date upon

7 which the taxpayer was in compliance with the requirements of

8 the agreement and the provisions of this Act, as determined by

9 the Director, pursuant to Section 70.

10  "Pass-through entity" means an entity that is exempt from

11 the tax under subsection (b) or (c) of Section 205 of the

12 Illinois Income Tax Act.

13  "Placed in service" means the state or condition of

14 readiness, availability for a specifically assigned function,

15 and the facility is constructed and ready to conduct its

16 facility operations to manufacture goods.

17  "Professional employer organization" (PEO) means an

18 employee leasing company, as defined in Section 206.1 of the

19 Illinois Unemployment Insurance Act.

20  "Program" means the Reimagining Energy and Vehicles in

21 Illinois Program (the REV Illinois Program) established in

22 this Act.

23  "Project" or "REV Illinois Project" means a for-profit

24 economic development activity for the manufacture of electric

25 vehicles, electric vehicle component parts, electric vehicle

26 power supply equipment, or renewable energy products, which is
    SB2394 Enrolled     - 250 - LRB104 09208 AMC 19265 b

1 designated by the Department as a REV Illinois Project and is

2 the subject of an agreement.

3   "Recycling facility" means a location at which the

4 taxpayer disposes of batteries and other component parts in

5 manufacturing of electric vehicles, electric vehicle component

6 parts, or electric vehicle power supply equipment.

7   "Related member" means a person that, with respect to the

8 taxpayer during any portion of the taxable year, is any one of

9 the following:

10  (1) An individual stockholder, if the stockholder and

11  the members of the stockholder's family (as defined in

12  Section 318 of the Internal Revenue Code) own directly,

13  indirectly, beneficially, or constructively, in the

14  aggregate, at least 50% of the value of the taxpayer's

15  outstanding stock.

16  (2) A partnership, estate, trust and any partner or

17  beneficiary, if the partnership, estate, or trust, and its

18  partners or beneficiaries own directly, indirectly,

19  beneficially, or constructively, in the aggregate, at

20  least 50% of the profits, capital, stock, or value of the

21  taxpayer.

22  (3) A corporation, and any party related to the

23  corporation in a manner that would require an attribution

24  of stock from the corporation under the attribution rules

25  of Section 318 of the Internal Revenue Code, if the

26  Taxpayer owns directly, indirectly, beneficially, or
    SB2394 Enrolled          - 251 - LRB104 09208 AMC 19265 b

1   constructively at least 50% of the value of the

2   corporation's outstanding stock.

3   (4) A corporation and any party related to that

4   corporation in a manner that would require an attribution

5   of stock from the corporation to the party or from the

6   party to the corporation under the attribution rules of

7   Section 318 of the Internal Revenue Code, if the

8   corporation and all such related parties own in the

9   aggregate at least 50% of the profits, capital, stock, or

10  value of the taxpayer.

11  (5) A person to or from whom there is an attribution of

12  stock ownership in accordance with Section 1563(e) of the

13  Internal Revenue Code, except, for purposes of determining

14  whether a person is a related member under this paragraph,

15  20% shall be substituted for 5% wherever 5% appears in

16  Section 1563(e) of the Internal Revenue Code.

17  "Renewable energy" means energy produced using the

18 materials and sources of energy through which renewable energy

19 resources are generated.

20  "Renewable energy manufacturer" means a manufacturer whose

21 primary function is to manufacture or assemble: (i) equipment,

22 systems, or products used to produce renewable or nuclear

23 energy; (ii) products used for energy storage, or grid

24 efficiency purposes; or (iii) component parts for that

25 equipment or those systems or products.

26  "Renewable energy resources" has the meaning ascribed to
    SB2394 Enrolled  - 252 - LRB104 09208 AMC 19265 b

1 that term in Section 1-10 of the Illinois Power Agency Act.

2   "Research and development" means work directed toward the

3 innovation, introduction, and improvement of products and

4 processes. "Research and development" includes all levels of

5 research and development that directly result in the potential

6 manufacturing and marketability of renewable energy, electric

7 vehicles, electric vehicle component parts, and electric or

8 hybrid aircraft.

9   "Retained employee" means a full-time employee employed by

10 the taxpayer prior to the term of the Agreement who continues

11 to be employed during the term of the agreement whose job

12 duties are directly related to the project. The term "retained

13 employee" does not include any individual who has a direct or

14 an indirect ownership interest of at least 5% in the profits,

15 equity, capital, or value of the taxpayer or a child,

16 grandchild, parent, or spouse, other than a spouse who is

17 legally separated from the individual, of any individual who

18 has a direct or indirect ownership of at least 5% in the

19 profits, equity, capital, or value of the taxpayer. The

20 changes to this definition of "retained employee" apply to

21 agreements for credits under this Act that are entered into on

22 or after December 21, 2022 (the effective date of Public Act

23 102-1112) this amendatory Act of the 102nd General Assembly.

24  "REV Illinois credit" means a credit agreed to between the

25 Department and the applicant under this Act that is based on

26 the incremental income tax attributable to new employees and,
    SB2394 Enrolled    - 253 - LRB104 09208 AMC 19265 b

1 if applicable, retained employees, and on training costs for

2 such employees at the applicant's project.

3   "REV construction jobs credit" means a credit agreed to

4 between the Department and the applicant under this Act that

5 is based on the incremental income tax attributable to

6 construction wages paid in connection with construction of the

7 project facilities.

8   "Statewide baseline" means the total number of full-time

9 employees of the applicant and any related member employed by

10 such entities at the time of application for incentives under

11 this Act.

12  "Taxpayer" means an individual, corporation, partnership,

13 or other entity that has a legal obligation to pay Illinois

14 income taxes and file an Illinois income tax return.

15  "Training costs" means costs incurred to upgrade the

16 technological skills of full-time employees in Illinois and

17 includes: curriculum development; training materials

18 (including scrap product costs); trainee domestic travel

19 expenses; instructor costs (including wages, fringe benefits,

20 tuition, and domestic travel expenses); rent, purchase, or

21 lease of training equipment; and other usual and customary

22 training costs. "Training costs" do not include costs

23 associated with travel outside the United States (unless the

24 Taxpayer receives prior written approval for the travel by the

25 Director based on a showing of substantial need or other proof

26 the training is not reasonably available within the United
    SB2394 Enrolled            - 254 - LRB104 09208 AMC 19265 b

1 States), wages and fringe benefits of employees during periods

2 of training, or administrative cost related to full-time

3 employees of the taxpayer.

4   "Underserved area" means any geographic area as defined in

5 Section 5-5 of the Economic Development for a Growing Economy

6 Tax Credit Act.

7 (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;

8 102-1112, eff. 12-21-22; 102-1125, eff. 2-3-23; 103-595, eff.

9 6-26-24; revised 10-24-24.)

10  (20 ILCS 686/20)

11  Sec. 20. REV Illinois Program; project applications.

12  (a) The Reimagining Energy and Vehicles in Illinois (REV

13 Illinois) Program is hereby established and shall be

14 administered by the Department. The Program will provide

15 financial incentives to any one or more of the following: (1)

16 eligible manufacturers of electric vehicles, electric vehicle

17 component parts, and electric vehicle power supply equipment;

18 (2) battery recycling and reuse manufacturers; (3) battery raw

19 materials refining service providers; or (4) renewable energy

20 manufacturers.

21  (b) Any taxpayer planning a project to be located in

22 Illinois may request consideration for designation of its

23 project as a REV Illinois Project, by formal written letter of

24 request or by formal application to the Department, in which

25 the applicant states its intent to make at least a specified
    SB2394 Enrolled            - 255 - LRB104 09208 AMC 19265 b

1 level of investment and intends to hire a specified number of

2 full-time employees at a designated location in Illinois. As

3 circumstances require, the Department shall require a formal

4 application from an applicant and a formal letter of request

5 for assistance.

6   (c) In order to qualify for credits under the REV Illinois

7 Program, an applicant must:

8   (1) if the applicant is an electric vehicle

9   manufacturer:

10  (A) make an investment of at least $1,500,000,000

11  in capital improvements at the project site;

12  (B) to be placed in service within the State

13  within a 60-month period after approval of the

14  application; and

15  (C) create at least 500 new full-time employee

16  jobs; or

17  (2) if the applicant is an electric vehicle component

18  parts manufacturer, a renewable energy manufacturer, a

19  green steel manufacturer, or an entity engaged in

20  research, development, or manufacturing of eVTOL aircraft

21  or hybrid-electric or fully electric propulsion systems

22  for airliners:

23  (A) make an investment of at least $300,000,000 in

24  capital improvements at the project site;

25  (B) manufacture one or more parts that are

26  primarily used for electric vehicle, renewable energy,
    SB2394 Enrolled    - 256 - LRB104 09208 AMC 19265 b

1   or green steel manufacturing;

2   (C) to be placed in service within the State

3   within a 60-month period after approval of the

4   application; and

5   (D) create at least 150 new full-time employee

6   jobs; or

7   (3) if the agreement is entered into before February

8   3, 2023 (the effective date of Public Act 102-1125) this

9   amendatory Act of the 102nd General Assembly and the

10  applicant is an electric vehicle manufacturer, an electric

11  vehicle power supply equipment manufacturer, an electric

12  vehicle component part manufacturer, renewable energy

13  manufacturer, or green steel manufacturer that does not

14  qualify under paragraph (2) above, a battery recycling and

15  reuse manufacturer, or a battery raw materials refining

16  service provider:

17  (A) make an investment of at least $20,000,000 in

18  capital improvements at the project site;

19  (B) for electric vehicle component part

20  manufacturers, manufacture one or more parts that are

21  primarily used for electric vehicle manufacturing;

22  (C) to be placed in service within the State

23  within a 48-month period after approval of the

24  application; and

25  (D) create at least 50 new full-time employee

26  jobs; or
    SB2394 Enrolled   - 257 - LRB104 09208 AMC 19265 b

1   (3.1) if the agreement is entered into on or after

2   February 3, 2023 (the effective date of Public Act

3   102-1125) this amendatory Act of the 102nd General

4   Assembly and the applicant is an electric vehicle

5   manufacturer, an electric vehicle power supply equipment

6   manufacturer, an electric vehicle component part

7   manufacturer, a renewable energy manufacturer, a green

8   steel manufacturer, or an entity engaged in research,

9   development, or manufacturing of eVTOL aircraft or

10  hybrid-electric or fully electric propulsion systems for

11  airliners that does not qualify under paragraph (2) above,

12  a battery recycling and reuse manufacturer, or a battery

13  raw materials refining service provider:

14  (A) make an investment of at least $2,500,000 in

15  capital improvements at the project site;

16  (B) in the case of electric vehicle component part

17  manufacturers, manufacture one or more parts that are

18  used for electric vehicle manufacturing;

19  (C) to be placed in service within the State

20  within a 48-month period after approval of the

21  application; and

22  (D) create the lesser of 50 new full-time employee

23  jobs or new full-time employee jobs equivalent to 10%

24  of the Statewide baseline applicable to the taxpayer

25  and any related member at the time of application; or

26  (4) if the agreement is entered into before February
    SB2394 Enrolled   - 258 - LRB104 09208 AMC 19265 b

1   3, 2023 (the effective date of Public Act 102-1125) this

2   amendatory Act of the 102nd General Assembly and the

3   applicant is an electric vehicle manufacturer or electric

4   vehicle component parts manufacturer with existing

5   operations within Illinois that intends to convert or

6   expand, in whole or in part, the existing facility from

7   traditional manufacturing to primarily electric vehicle

8   manufacturing, electric vehicle component parts

9   manufacturing, an electric vehicle power supply equipment

10  manufacturing, or a green steel manufacturer:

11  (A) make an investment of at least $100,000,000 in

12  capital improvements at the project site;

13  (B) to be placed in service within the State

14  within a 60-month period after approval of the

15  application; and

16  (C) create the lesser of 75 new full-time employee

17  jobs or new full-time employee jobs equivalent to 10%

18  of the Statewide baseline applicable to the taxpayer

19  and any related member at the time of application;

20  (4.1) if the agreement is entered into on or after

21  February 3, 2023 (the effective date of Public Act

22  102-1125) this amendatory Act of the 102nd General

23  Assembly and the applicant (i) is an electric vehicle

24  manufacturer, an electric vehicle component parts

25  manufacturer, a renewable energy manufacturer, a green

26  steel manufacturer, or an entity engaged in research,
    SB2394 Enrolled   - 259 - LRB104 09208 AMC 19265 b

1   development, or manufacturing of eVTOL aircraft or hybrid

2   electric or fully electric propulsion systems for

3   airliners and (ii) has existing operations within Illinois

4   that the applicant intends to convert or expand, in whole

5   or in part, from traditional manufacturing to electric

6   vehicle manufacturing, electric vehicle component parts

7   manufacturing, renewable energy manufacturing, or electric

8   vehicle power supply equipment manufacturing:

9   (A) make an investment of at least $100,000,000 in

10  capital improvements at the project site;

11  (B) to be placed in service within the State

12  within a 60-month period after approval of the

13  application; and

14  (C) create the lesser of 50 new full-time employee

15  jobs or new full-time employee jobs equivalent to 10%

16  of the Statewide baseline applicable to the taxpayer

17  and any related member at the time of application; or

18  (5) if the agreement is entered into on or after June

19  7, 2023 (the effective date of the changes made to this

20  Section by Public Act 103-9) this amendatory Act of the

21  103rd General Assembly and before June 1, 2024 and the

22  applicant (i) is an electric vehicle manufacturer, an

23  electric vehicle component parts manufacturer, or a

24  renewable energy manufacturer or (ii) has existing

25  operations within Illinois that the applicant intends to

26  convert or expand, in whole or in part, from traditional
    SB2394 Enrolled   - 260 - LRB104 09208 AMC 19265 b

1   manufacturing to electric vehicle manufacturing, electric

2   vehicle component parts manufacturing, renewable energy

3   manufacturing, or electric vehicle power supply equipment

4   manufacturing:

5   (A) make an investment of at least $500,000,000 in

6   capital improvements at the project site;

7   (B) to be placed in service within the State

8   within a 60-month period after approval of the

9   application; and

10  (C) retain at least 800 full-time employee jobs at

11  the project.

12  (d) For agreements entered into prior to April 19, 2022

13 (the effective date of Public Act 102-700), for any applicant

14 creating the full-time employee jobs noted in subsection (c),

15 those jobs must have a total compensation equal to or greater

16 than 120% of the average wage paid to full-time employees in

17 the county where the project is located, as determined by the

18 U.S. Bureau of Labor Statistics. For agreements entered into

19 on or after April 19, 2022 (the effective date of Public Act

20 102-700), for any applicant creating the full-time employee

21 jobs noted in subsection (c), those jobs must have a

22 compensation equal to or greater than 120% of the average wage

23 paid to full-time employees in a similar position within an

24 occupational group in the county where the project is located,

25 as determined by the Department.

26  (e) For any applicant, within 24 months after being placed
    SB2394 Enrolled   - 261 - LRB104 09208 AMC 19265 b

1 in service, it must certify to the Department that it is carbon

2 neutral or has attained certification under one of more of the

3 following green building standards:

4   (1) BREEAM for New Construction or BREEAM In-Use;

5   (2) ENERGY STAR;

6   (3) Envision;

7   (4) ISO 50001 - energy management;

8   (5) LEED for Building Design and Construction or LEED

9   for Building Operations and Maintenance;

10  (6) Green Globes for New Construction or Green Globes

11  for Existing Buildings; or

12  (7) UL 3223.

13  (f) Each applicant must outline its hiring plan and

14 commitment to recruit and hire full-time employee positions at

15 the project site. The hiring plan may include a partnership

16 with an institution of higher education to provide

17 internships, including, but not limited to, internships

18 supported by the Clean Jobs Workforce Network Program, or

19 full-time permanent employment for students at the project

20 site. Additionally, the applicant may create or utilize

21 participants from apprenticeship programs that are approved by

22 and registered with the United States Department of Labor's

23 Bureau of Apprenticeship and Training. The applicant may apply

24 for apprenticeship education expense credits in accordance

25 with the provisions set forth in 14 Ill. Adm. Code 522. Each

26 applicant is required to report annually, on or before April
    SB2394 Enrolled  - 262 - LRB104 09208 AMC 19265 b

1 15, on the diversity of its workforce in accordance with

2 Section 50 of this Act. For existing facilities of applicants

3 under paragraph (3) of subsection (b) above, if the taxpayer

4 expects a reduction in force due to its transition to

5 manufacturing electric vehicle, electric vehicle component

6 parts, or electric vehicle power supply equipment, the plan

7 submitted under this Section must outline the taxpayer's plan

8 to assist with retraining its workforce aligned with the

9 taxpayer's adoption of new technologies and anticipated

10 efforts to retrain employees through employment opportunities

11 within the taxpayer's workforce.

12  (g) Each applicant must demonstrate a contractual or other

13 relationship with a recycling facility, or demonstrate its own

14 recycling capabilities, at the time of application and report

15 annually a continuing contractual or other relationship with a

16 recycling facility and the percentage of batteries used in

17 electric vehicles recycled throughout the term of the

18 agreement.

19  (h) A taxpayer may not enter into more than one agreement

20 under this Act with respect to a single address or location for

21 the same period of time. Also, a taxpayer may not enter into an

22 agreement under this Act with respect to a single address or

23 location for the same period of time for which the taxpayer

24 currently holds an active agreement under the Economic

25 Development for a Growing Economy Tax Credit Act. This

26 provision does not preclude the applicant from entering into
    SB2394 Enrolled         - 263 - LRB104 09208 AMC 19265 b

1 an additional agreement after the expiration or voluntary

2 termination of an earlier agreement under this Act or under

3 the Economic Development for a Growing Economy Tax Credit Act

4 to the extent that the taxpayer's application otherwise

5 satisfies the terms and conditions of this Act and is approved

6 by the Department. An applicant with an existing agreement

7 under the Economic Development for a Growing Economy Tax

8 Credit Act may submit an application for an agreement under

9 this Act after it terminates any existing agreement under the

10 Economic Development for a Growing Economy Tax Credit Act with

11 respect to the same address or location. If a project that is

12 subject to an existing agreement under the Economic

13 Development for a Growing Economy Tax Credit Act meets the

14 requirements to be designated as a REV Illinois project under

15 this Act, including for actions undertaken prior to the

16 effective date of this Act, the taxpayer that is subject to

17 that existing agreement under the Economic Development for a

18 Growing Economy Tax Credit Act may apply to the Department to

19 amend the agreement to allow the project to become a

20 designated REV Illinois project. Following the amendment, time

21 accrued during which the project was eligible for credits

22 under the existing agreement under the Economic Development

23 for a Growing Economy Tax Credit Act shall count toward the

24 duration of the credit subject to limitations described in

25 Section 40 of this Act.

26  (i) If, at any time following the designation of a project
SB2394 Enrolled  - 264 - LRB104 09208 AMC 19265 b

 1 as a REV Illinois Project by the Department and prior to the
 2 termination or expiration of an agreement under this Act, the
 3 project ceases to qualify as a REV Illinois project because
 4 the taxpayer is no longer an electric vehicle manufacturer, an
 5 electric vehicle component manufacturer, an electric vehicle
 6 power supply equipment manufacturer, a battery recycling and
 7 reuse manufacturer, a battery raw materials refining service
 8 provider, or an entity engaged in eVTOL or hybrid electric or
 9 fully electric propulsion systems for airliners research,
10 development, or manufacturing, that project may receive tax
11 credit awards as described in Section 5-15 and Section 5-51 of
12 the Economic Development for a Growing Economy Tax Credit Act,
13 as long as the project continues to meet requirements to
14 obtain those credits as described in the Economic Development
15 for a Growing Economy Tax Credit Act and remains compliant
16 with terms contained in the Agreement under this Act not
17 related to their status as an electric vehicle manufacturer,
18 an electric vehicle component manufacturer, an electric
19 vehicle power supply equipment manufacturer, a battery
20 recycling and reuse manufacturer, a battery raw materials
21 refining service provider, or an entity engaged in eVTOL or
22 hybrid-electric or fully electric propulsion systems for
23 airliners research, development, or manufacturing. Time
24 accrued during which the project was eligible for credits
25 under an agreement under this Act shall count toward the
26 duration of the credit subject to limitations described in
    SB2394 Enrolled   - 265 - LRB104 09208 AMC 19265 b

1 Section 5-45 of the Economic Development for a Growing Economy
2 Tax Credit Act.
3 (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;
4 102-1112, eff. 12-21-22; 102-1125, eff. 2-3-23; 103-9, eff.
5 6-7-23; 103-595, eff. 6-26-24; revised 10-24-24.)

6   (20 ILCS 686/65)

7   Sec. 65. REV Construction Jobs Credits.

8   (a) Each REV program participant that is engaged in

9 construction work who seeks to apply for a REV Construction

10 Jobs credit shall annually, until construction is completed,

11 submit a report that, at a minimum, describes the projected

12 project scope, timeline, and anticipated budget. Once the

13 project has commenced, the annual report shall include actual

14 data for the prior year as well as projections for each

15 additional year through completion of the project. The

16 Department shall issue detailed reporting guidelines

17 prescribing the requirements of construction-related

18 construction related reports.

19  In order to receive credit for construction expenses, the

20 company must provide the Department with evidence that a

21 certified third-party executed an Agreed-Upon Procedure (AUP)

22 verifying the construction expenses or accept the standard

23 construction wage expense estimated by the Department.

24  Upon review of the final project scope, timeline, budget,

25 and AUP, the Department shall issue a tax credit certificate
    SB2394 Enrolled    - 266 - LRB104 09208 AMC 19265 b

1 reflecting a percentage of the total construction job wages

2 paid throughout the completion of the project.

3   (b) (Blank).

4   (c) (Blank).

5   (d) (Blank).

6   (e) Upon 7 business days' notice, the taxpayer shall make

7 available to any State agency and to federal, State, or local

8 law enforcement agencies and prosecutors for inspection and

9 copying at a location within this State during reasonable

10 hours, the report described in subsection (a).

11 (Source: P.A. 102-669, eff. 11-16-21; 103-595, eff. 6-26-24;

12 revised 10-23-24.)

13  (20 ILCS 686/95)

14  Sec. 95. Utility tax exemptions for REV Illinois Project

15 sites. The Department may certify a taxpayer with a REV

16 Illinois credit for a Project that meets the qualifications

17 under paragraph Section paragraphs (1), (2), (4), (4.1), or

18 (5) of subsection (c) of Section 20, subject to an agreement

19 under this Act for an exemption from the tax imposed at the

20 project site by Section 2-4 of the Electricity Excise Tax Law.

21 To receive such certification, the taxpayer must be registered

22 to self-assess that tax. The taxpayer is also exempt from any

23 additional charges added to the taxpayer's utility bills at

24 the project site as a pass-on of State utility taxes under

25 Section 9-222 of the Public Utilities Act. The taxpayer must
    SB2394 Enrolled  - 267 - LRB104 09208 AMC 19265 b

1 meet any other criteria for certification set by the

2 Department.

3   The Department shall determine the period during which the

4 exemption from the Electricity Excise Tax Law and the charges

5 imposed under Section 9-222 of the Public Utilities Act are in

6 effect, which shall not exceed 30 years from the date of the

7 taxpayer's initial receipt of certification from the

8 Department under this Section.

9   The Department is authorized to adopt rules to carry out

10 the provisions of this Section, including procedures to apply

11 for the exemptions; to define the amounts and types of

12 eligible investments that an applicant must make in order to

13 receive electricity excise tax exemptions or exemptions from

14 the additional charges imposed under Section 9-222 and the

15 Public Utilities Act; to approve such electricity excise tax

16 exemptions for applicants whose investments are not yet placed

17 in service; and to require that an applicant granted an

18 electricity excise tax exemption or an exemption from

19 additional charges under Section 9-222 of the Public Utilities

20 Act repay the exempted amount if the applicant Applicant fails

21 to comply with the terms and conditions of the agreement.

22  Upon certification by the Department under this Section,

23 the Department shall notify the Department of Revenue of the

24 certification. The Department of Revenue shall notify the

25 public utilities of the exempt status of any taxpayer

26 certified for exemption under this Act from the electricity
    SB2394 Enrolled      - 268 - LRB104 09208 AMC 19265 b

1 excise tax or pass-on charges. The exemption status shall take
2 effect within 3 months after certification of the taxpayer and
3 notice to the Department of Revenue by the Department.
4 (Source: P.A. 102-669, eff. 11-16-21; 103-595, eff. 6-26-24;
5 revised 10-23-24.)

6   Section 120. The Department of Human Services Act is

7 amended by changing Section 1-75 as follows:

8   (20 ILCS 1305/1-75)

9   (Section scheduled to be repealed on July 1, 2026)

10  Sec. 1-75. Off-Hours Child Care Program.

11  (a) Legislative intent. The General Assembly finds that:

12  (1) Finding child care can be a challenge for

13  firefighters, paramedics, police officers, nurses, and

14  other third shift workers across the State who often work

15  non-typical work hours. This can impact home life, school,

16  bedtime routines, job safety, and the mental health of

17  some of our most critical frontline front line workers and

18  their families.

19  (2) There is a need for increased options for

20  off-hours child care in the State. A majority of the

21  State's child care facilities do not provide care outside

22  of normal work hours, with just 3,251 day care homes and

23  435 group day care homes that provide night care.

24  (3) Illinois has a vested interest in ensuring that
    SB2394 Enrolled        - 269 - LRB104 09208 AMC 19265 b

1   our first responders and working families can provide

2   their children with appropriate care during off hours to

3   improve the morale of existing first responders and to

4   improve recruitment into the future.

5   (b) As used in this Section, "first responders" means

6 emergency medical services personnel as defined in the

7 Emergency Medical Services (EMS) Systems Act, firefighters,

8 law enforcement officers, and, as determined by the

9 Department, any other workers who, on account of their work

10 schedule, need child care outside of the hours when licensed

11 child care facilities typically operate.

12  (c) Subject to appropriation, the Department of Human

13 Services shall establish and administer an Off-Hours Child

14 Care Program to help first responders and other workers

15 identify and access off-hours, night, or sleep time child

16 care. Services funded under the program must address the child

17 care needs of first responders. Funding provided under the

18 program may also be used to cover any capital and operating

19 expenses related to the provision of off-hours, night, or

20 sleep time child care for first responders. Funding awarded

21 under this Section shall be funded through appropriations from

22 the Off-Hours Child Care Program Fund created under subsection

23 (d). The Department shall implement the program by July 1,

24 2023. The Department may adopt any rules necessary to

25 implement the program.

26  (d) The Off-Hours Child Care Program Fund is created as a
    SB2394 Enrolled            - 270 - LRB104 09208 AMC 19265 b

1 special fund in the State treasury. The Fund shall consist of

2 any moneys appropriated to the Department of Human Services

3 for the Off-Hours Child Care Program. Moneys in the Fund shall

4 be expended for the Off-Hours Child Care Program and for no

5 other purpose. All interest earned on moneys in the Fund shall

6 be deposited into the Fund.

7   (e) This Section is repealed on July 1, 2026.

8 (Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23;

9 103-594, eff. 6-25-24; revised 10-16-24.)

10  Section 125. The Department of Insurance Law of the Civil

11 Administrative Code of Illinois is amended by changing Section

12 1405-40 as follows:

13  (20 ILCS 1405/1405-40)

14  Sec. 1405-40. Transfer of functions.

15  (a) On July 1, 2021 (the effective date of Public Act

16 102-37), all powers, duties, rights, and responsibilities of

17 the Insurance Compliance Division within the Illinois Workers'

18 Compensation Commission are transferred to the Department of

19 Insurance. The personnel of the Insurance Compliance Division

20 are transferred to the Department of Insurance. The status and

21 rights of such personnel under the Personnel Code are not

22 affected by the transfer. The rights of the employees and the

23 State of Illinois and its agencies under the Personnel Code

24 and applicable collective bargaining agreements or under any
    SB2394 Enrolled  - 271 - LRB104 09208 AMC 19265 b

1 pension, retirement, or annuity plan are not affected by

2 Public Act 102-37. All books, records, papers, documents,

3 property (real and personal), contracts, causes of action, and

4 pending business pertaining to the powers, duties, rights, and

5 responsibilities transferred by Public Act 102-37 from the

6 Insurance Compliance Division to the Department of Insurance,

7 including, but not limited to, material in electronic or

8 magnetic format and necessary computer hardware and software,

9 are transferred to the Department of Insurance. The powers,

10 duties, rights, and responsibilities relating to the Insurance

11 Compliance Division transferred by Public Act 102-37 are

12 vested in the Department of Insurance.

13  (b) Whenever reports or notices are required to be made or

14 given or papers or documents furnished or served by any person

15 to or upon the Insurance Compliance Division in connection

16 with any of the powers, duties, rights, and responsibilities

17 transferred by Public Act 102-37, the Department of Insurance

18 shall make, give, furnish, or serve them.

19  (c) Public Act 102-37 does not affect any act done,

20 ratified, or canceled, any right occurring or established, or

21 any action or proceeding had or commenced in an

22 administrative, civil, or criminal cause by the Insurance

23 Compliance Division before July 1, 2021 (the effective date of

24 Public Act 102-37). Such actions or proceedings may be

25 prosecuted and continued by the Department of Insurance.

26  (d) Any rules that relate to its powers, duties, rights,
   SB2394 Enrolled           - 272 - LRB104 09208 AMC 19265 b

1 and responsibilities of the Insurance Compliance Division and

2 are in force on July 1, 2021 (the effective date of Public Act

3 102-37) become the rules of the Department of Insurance.

4 Public Act 102-37 does not affect the legality of any such

5 rules.

6  (e) Any proposed rules filed with the Secretary of State

7 by the Illinois Workers' Compensation Commission that are

8 pending in the rulemaking process on July 1, 2021 (the

9 effective date of Public Act 102-37) and pertain to the

10 transferred powers, duties, rights, and responsibilities are

11 deemed to have been filed by the Department of Insurance. As

12 soon as practicable, the Department of Insurance shall revise

13 and clarify the rules transferred to it under Public Act

14 102-37 t to reflect the reorganization of powers, duties,

15 rights, and responsibilities affected by Public Act 102-37,

16 using the procedures for recodification of rules available

17 under the Illinois Administrative Procedure Act, except that

18 existing title, part, and section numbering for the affected

19 rules may be retained. The Department of Insurance may propose

20 and adopt under the Illinois Administrative Procedure Act

21 other rules of the Illinois Workers' Compensation Commission

22 pertaining to Public Act 102-37 that are administered by the

23 Department of Insurance.

24 (Source: P.A. 102-37, eff. 7-1-21; 102-813, eff. 5-13-22;

25 revised 7-29-24.)
    SB2394 Enrolled          - 273 - LRB104 09208 AMC 19265 b

1   Section 130. The Department of Professional Regulation Law

2 of the Civil Administrative Code of Illinois is amended by

3 changing Sections 2105-370 and 2105-375 as follows:

4   (20 ILCS 2105/2105-370)

5   Sec. 2105-370. Continuing education; cultural competency.

6   (a) As used in this Section:

7   "Cultural competency" means a set of integrated attitudes,

8 knowledge, and skills that enables a health care professional

9 or organization to care effectively for patients from diverse

10 cultures, groups, and communities.

11  "Health care professional" means a person licensed or

12 registered by the Department under the following Acts: the

13 Medical Practice Act of 1987, the Nurse Practice Act, the

14 Clinical Psychologist Licensing Act, the Illinois Optometric

15 Practice Act of 1987, the Illinois Physical Therapy Act, the

16 Pharmacy Practice Act, the Physician Assistant Practice Act of

17 1987, the Clinical Social Work and Social Work Practice Act,

18 the Nursing Home Administrators Licensing and Disciplinary

19 Act, the Illinois Occupational Therapy Practice Act, the

20 Podiatric Medical Practice Act of 1987, the Respiratory Care

21 Practice Act, the Professional Counselor and Clinical

22 Professional Counselor Licensing and Practice Act, the

23 Illinois Speech-Language Pathology and Audiology Practice Act,

24 the Illinois Dental Practice Act, the Illinois Dental Practice

25 Act, or the Behavior Analyst Licensing Act.
    SB2394 Enrolled          - 274 - LRB104 09208 AMC 19265 b

1   (b) For health care professional license or registration

2 renewals occurring on or after January 1, 2025, a health care

3 professional who has continuing education requirements must

4 complete at least a one-hour course in training on cultural

5 competency. A health care professional may count this one hour

6 for completion of this course toward meeting the minimum

7 credit hours required for continuing education.

8   (c) The Department may adopt rules for the implementation

9 of this Section.

10 (Source: P.A. 103-531, eff. 1-1-25; 103-605, eff. 7-1-24;

11 revised 12-1-24.)

12  (20 ILCS 2105/2105-375)

13  Sec. 2105-375. Limitation on specific statutorily mandated

14 training requirements.

15  (a) As used in this Section:

16  "Health care professional" means a person licensed or

17 registered by the Department under the following Acts: the

18 Medical Practice Act of 1987, the Nurse Practice Act, the

19 Clinical Psychologist Licensing Act, the Illinois Optometric

20 Practice Act of 1987, the Illinois Physical Therapy Act, the

21 Pharmacy Practice Act, the Physician Assistant Practice Act of

22 1987, the Clinical Social Work and Social Work Practice Act,

23 the Nursing Home Administrators Licensing and Disciplinary

24 Act, the Illinois Occupational Therapy Practice Act, the

25 Podiatric Medical Practice Act of 1987, the Respiratory Care
    SB2394 Enrolled  - 275 - LRB104 09208 AMC 19265 b

1 Practice Act, the Professional Counselor and Clinical

2 Professional Counselor Licensing and Practice Act, the

3 Illinois Speech-Language Pathology and Audiology Practice Act,

4 the Illinois Dental Practice Act, the Illinois Dental Practice

5 Act, or the Behavior Analyst Licensing Act.

6   "Statutorily mandated topics" means continuing education

7 training as specified by statute, including, but not limited

8 to, training required under Sections 2105-365 and 2105-370.

9   (b) Notwithstanding any other provision of law, for health

10 care professional license or registration renewals occurring

11 on or after January 1, 2025, a health care professional whose

12 license or registration renewal occurs every 2 years must

13 complete all statutorily mandated topics within 3 renewal

14 periods. If any additional statutorily mandated topics are

15 added by law after January 1, 2025 (the effective date of

16 Public Act 103-531) this amendatory Act of the 103rd General

17 Assembly, then a health care professional whose license or

18 registration renewal occurs every 2 years must complete all

19 statutorily mandated topics within 4 renewal periods.

20  (c) Notwithstanding any other provision of law, for health

21 care professional license or registration renewals occurring

22 on or after January 1, 2025, a health care professional whose

23 license or registration renewal occurs every 3 years must

24 complete all statutorily mandated topics within 2 renewal

25 periods. If any additional statutorily mandated topics are

26 added by law after January 1, 2025 (the effective date of
    SB2394 Enrolled  - 276 - LRB104 09208 AMC 19265 b

1 Public Act 103-531) this amendatory Act of the 103rd General

2 Assembly, then a health care professional whose license or

3 registration renewal occurs every 3 years must complete all

4 statutorily mandated topics within 3 renewal periods.

5   (d) Notwithstanding any other provision of this Section to

6 the contrary, the implicit bias awareness training required

7 under Section 2105-15.7 and the sexual harassment prevention

8 training required under Section 2105-15.5 must be completed as

9 provided by law.

10  (d-5) Notwithstanding any other provision of this Section

11 to the contrary, the Alzheimer's disease and other dementias

12 training required under Section 2105-365 must be completed

13 prior to the end of the health care professional's first

14 license renewal period, and thereafter in accordance with this

15 Section.

16  (e) The Department shall maintain on its website

17 information regarding the current requirements for the

18 specific statutorily mandated topics.

19  (f) Each license or permit application or renewal form the

20 Department provides to a health care professional must include

21 a notification regarding the current specific statutorily

22 mandated topics.

23 (Source: P.A. 103-531, eff. 1-1-25; revised 12-1-24.)

24  Section 135. The Department of Public Health Powers and

25 Duties Law of the Civil Administrative Code of Illinois is
    SB2394 Enrolled          - 277 - LRB104 09208 AMC 19265 b

1 amended by changing Section 2310-347 and by setting forth,
2 renumbering, and changing multiple versions of Section
3 2310-730 as follows:

4   (20 ILCS 2310/2310-347)

5   Sec. 2310-347. The Carolyn Adams Ticket For The Cure

6 Board.

7   (a) The Carolyn Adams Ticket For The Cure Board is created

8 as an advisory board within the Department. Until 30 days

9 after July 11, 2011 (the effective date of Public Act 97-92)

10 this amendatory Act of the 97th General Assembly, the Board

11 may consist of 10 members as follows: 2 members appointed by

12 the President of the Senate; 2 members appointed by the

13 Minority Leader of the Senate; 2 members appointed by the

14 Speaker of the House of Representatives; 2 members appointed

15 by the Minority Leader of the House of Representatives; and 2

16 members appointed by the Governor with the advice and consent

17 of the Senate, one of whom shall be designated as chair of the

18 Board at the time of appointment.

19  (a-5) Notwithstanding any provision of this Article to the

20 contrary, the term of office of each current Board member ends

21 30 days after July 11, 2011 (the effective date of Public Act

22 97-92) this amendatory Act of the 97th General Assembly or

23 when his or her successor is appointed and qualified,

24 whichever occurs sooner. No later than 30 days after July 11,

25 2011 (the effective date of Public Act 97-92) this amendatory
    SB2394 Enrolled  - 278 - LRB104 09208 AMC 19265 b

1 Act of the 97th General Assembly, the Board shall consist of 10

2 newly appointed members. Four of the Board members shall be

3 members of the General Assembly and appointed as follows: one

4 member appointed by the President of the Senate; one member

5 appointed by the Minority Leader of the Senate; one member

6 appointed by the Speaker of the House of Representatives; and

7 one member appointed by the Minority Leader of the House of

8 Representatives.

9   Six of the Board members shall be appointed by the

10 Director of the Department of Public Health, who shall

11 designate one of these appointed members as chair of the Board

12 at the time of his or her appointment. These 6 members

13 appointed by the Director shall reflect the population with

14 regard to ethnic, racial, and geographical composition and

15 shall include the following individuals: one breast cancer

16 survivor; one physician specializing in breast cancer or

17 related medical issues; one breast cancer researcher; one

18 representative from a breast cancer organization; one

19 individual who operates a patient navigation program at a

20 major hospital or health system; and one breast cancer

21 professional that may include, but not be limited to, a

22 genetics counselor, a social worker, a dietitian detain, an

23 occupational therapist, or a nurse.

24  A Board member whose term has expired may continue to

25 serve until a successor is appointed.

26  (b) Board members shall serve without compensation but may
    SB2394 Enrolled       - 279 - LRB104 09208 AMC 19265 b

1 be reimbursed for their reasonable travel expenses incurred in

2 performing their duties from funds available for that purpose.

3 The Department shall provide staff and administrative support

4 services to the Board.

5   (c) The Board may advise:

6        (i) the Department of Revenue in designing and

7   promoting the Carolyn Adams Ticket For The Cure special

8   instant scratch-off lottery game;

9        (ii) the Department in reviewing grant applications;

10  and

11       (iii) the Director on the final award of grants from

12  amounts appropriated from the Carolyn Adams Ticket For The

13  Cure Grant Fund, to public or private entities in Illinois

14  that reflect the population with regard to ethnic, racial,

15  and geographic composition for the purpose of funding

16  breast cancer research and supportive services for breast

17  cancer survivors and those impacted by breast cancer and

18  breast cancer education. In awarding grants, the

19  Department shall consider criteria that includes, but is

20  not limited to, projects and initiatives that address

21  disparities in incidence and mortality rates of breast

22  cancer, based on data from the Illinois Cancer Registry,

23  and populations facing barriers to care in accordance with

24  Section 21.5 of the Illinois Lottery Law.

25  (c-5) The Department shall submit a report to the Governor

26 and the General Assembly by December 31 of each year. The
    SB2394 Enrolled             - 280 - LRB104 09208 AMC 19265 b

1 report shall provide a summary of the Carolyn Adams Ticket for

2 the Cure lottery ticket sales, grants awarded, and the

3 accomplishments of the grantees.

4   (d) The Board is discontinued on June 30, 2027.

5 (Source: P.A. 102-1129, eff. 2-10-23; revised 10-24-24.)

6   (20 ILCS 2310/2310-730)

7   Sec. 2310-730. Health care telementoring.

8   (a) Subject to appropriation, the Department shall

9 designate one or more health care telementoring entities based

10 on an application to be developed by the Department.

11 Applicants shall demonstrate a record of expertise and

12 demonstrated success in providing health care telementoring

13 services. The Department may adopt rules necessary for the

14 implementation of this Section. Funding may be provided based

15 on the number of health care providers or professionals who

16 are assisted by each approved health care telementoring entity

17 and the hours of assistance provided to each health care

18 provider or professional in addition to other factors as

19 determined by the Director.

20  (b) In this Section:

21  "Health care providers or professionals" means individuals

22 trained to provide health care or related services. "Health

23 care providers or professionals" includes, but is not limited

24 to, physicians, nurses, physician assistants, speech language

25 pathologists, social workers, and school personnel involved in
    SB2394 Enrolled          - 281 - LRB104 09208 AMC 19265 b

1 screening for targeted conditions and providing support to

2 students impacted by those conditions.

3   "Health care telementoring" means a program:

4   (1) that is based on interactive video or phone

5   technology that connects groups of local health care

6   providers or professionals in urban and rural underserved

7   areas with specialists in regular real-time collaborative

8   sessions;

9   (2) that is designed around case-based learning and

10  mentorship; and

11  (3) that helps local health care providers or

12  professionals gain the expertise required to more

13  effectively provide needed services.

14  "Health care telementoring" includes, but is not limited

15 to, a program provided to improve services in one or more of a

16 variety of areas, including, but not limited to, chronic

17 disease, communicable disease, atypical vision or hearing,

18 adolescent health, Hepatitis C, complex diabetes, geriatrics,

19 mental illness, opioid use disorders, substance use disorders,

20 maternity care, childhood adversity and trauma, pediatric

21 ADHD, congregate settings, including justice-involved justice

22 involved systems, and other priorities identified by the

23 Department.

24 (Source: P.A. 103-588, eff. 6-5-24; revised 9-27-24.)

25  (20 ILCS 2310/2310-731)
    SB2394 Enrolled   - 282 - LRB104 09208 AMC 19265 b

1   Sec. 2310-731 2310-730. Diversity in clinical trials.

2   (a) As used in this Section, "underrepresented community"

3 or "underrepresented demographic group" means a community or

4 demographic group that is more likely to be historically

5 marginalized and less likely to be included in research and

6 clinical trials represented by race, ethnicity, sex, sexual

7 orientation, socioeconomic status, age, and geographic

8 location.

9   (b) Any State entity or hospital that receives funding

10 from the National Institutes of Health for the purpose of

11 conducting clinical trials of drugs or medical devices is

12 required to:

13  (1) adopt a policy that will result in the

14  identification and recruitment of persons who are members

15  of underrepresented demographic groups to participate in

16  the clinical trials and that:

17               (A) includes specific strategies for trial

18  enrollment and retention of diverse participants,

19  including, but not limited to, site location and

20  access, sustained community engagement, and reducing

21  burdens due to trial design or conduct, as

22  appropriate; and

23               (B) uses strategies recommended by the United

24  States Food and Drug Administration to identify and

25  recruit those persons to participate in the clinical

26  trials;
    SB2394 Enrolled         - 283 - LRB104 09208 AMC 19265 b

1   (2) provide information to trial participants in

2   languages other than English in accordance with current

3   federal requirements;

4   (3) provide translation services or bilingual staff

5   for trial recruitment and consent processes;

6   (4) provide culturally specific recruitment materials

7   alongside general enrollment materials; and

8   (5) provide remote consent options when not prohibited

9   by the granting entity or federal regulations.

10  (c) The Department, through voluntary reporting from

11 research institutions and in consultation with community-based

12 organizations and other stakeholders as appropriate and

13 available, shall analyze and provide recommendations on the

14 following:

15  (1) the demographic groups and populations that are

16  currently represented and underrepresented in clinical

17  trials in Illinois, including representation of groups

18  based on their geographic location;

19  (2) the barriers that prevent persons who are members

20  of underrepresented demographic groups from participating

21  in clinical trials in Illinois, including barriers related

22  to transportation; and

23  (3) approaches for how clinical trials can

24  successfully partner with community-based organizations

25  and others to provide outreach to underrepresented

26  communities.
    SB2394 Enrolled          - 284 - LRB104 09208 AMC 19265 b

1   By July 1, 2026, the Department shall issue a report and

2 post on its website the results of the analysis required under

3 this subsection and any recommendations to increase diversity

4 and reduce barriers for participants in clinical trials.

5   (d) The Department shall review the most recent guidance

6 on race and ethnicity data collection in clinical trials

7 published by the United States Food and Drug Administration

8 and establish, using existing infrastructure and tools an

9 Internet website that:

10  (1) provides information concerning methods recognized

11  by the United States Food and Drug Administration for

12  identifying and recruiting persons who are members of

13  underrepresented demographic groups to participate in

14  clinical trials; and

15  (2) contains links to Internet websites maintained by

16  medical facilities, health authorities and other local

17  governmental entities, nonprofit organizations, and

18  scientific investigators and institutions that are

19  performing research relating to drugs or medical devices

20  in this State.

21  The Department may apply for grants from any source,

22 including, without limitation, the Federal Government, to fund

23 the requirements of this Section.

24 (Source: P.A. 103-860, eff. 1-1-25; revised 12-1-24.)

25  (20 ILCS 2310/2310-732)
    SB2394 Enrolled       - 285 - LRB104 09208 AMC 19265 b

1   Sec. 2310-732 2310-730. Duchenne Muscular Dystrophy

2 Awareness Program.

3   (a) Subject to appropriation, the Department of Public

4 Health, in conjunction with experts in the field of Duchenne

5 muscular dystrophy, shall develop mandatory protocols and best

6 practices for providing the necessary medical guidance for

7 Duchenne muscular dystrophy in Illinois.

8   (b) To raise awareness about Duchenne muscular dystrophy,

9 the protocols and best practices developed by the Department

10 under subsection (a):

11  (1) shall be published on a designated and publicly

12  accessible webpage;

13  (2) shall include up-to-date information about

14  Duchenne muscular dystrophy;

15  (3) shall reference peer-reviewed scientific research

16  articles;

17  (4) shall incorporate guidance and recommendations

18  from the National Institutes of Health, and any other

19  persons or entities determined by the Department to have

20  particular expertise in Duchenne muscular dystrophy; and

21  (5) shall be distributed to physicians, other health

22  care professionals and providers, and persons subject to

23  Duchenne muscular dystrophy.

24  (c) The Department shall prepare a report of all efforts

25 undertaken by the Department under this Section. The report

26 shall be posted on the Department's website and distributed to
   SB2394 Enrolled  - 286 - LRB104 09208 AMC 19265 b

1 local health departments and to any other facilities as
2 determined by the Department.
3 (Source: P.A. 103-964, eff. 1-1-25; revised 12-1-24.)

4  Section 140. The Bureau for the Blind Act is amended by

5 changing Section 7 as follows:

6  (20 ILCS 2410/7) (from Ch. 23, par. 3417)

7  Sec. 7. Council. There shall be created within the

8 Department a Blind Services Planning Council which shall

9 review the actions of the Bureau for the Blind and provide

10 advice and consultation to the Secretary on services to blind

11 people. The Council shall be composed of 11 members appointed

12 by the Governor. All members shall be selected because of

13 their ability to provide worthwhile consultation or services

14 to the blind. No fewer than 6 members shall be blind. A

15 relative balance between the number of males and females shall

16 be maintained. Broad representation shall be sought by

17 appointment, with 2 members from each of the major statewide

18 consumer organizations of the blind and one member from a

19 specific service area including, but not limited to, the

20 Hadley School for the Blind, Chicago Lighthouse,

21 Department-approved Low Vision Aids Aides Clinics, Vending

22 Facilities Operators, the Association for the Education and

23 Rehabilitation of the Blind and Visually Impaired (AER), blind

24 homemakers, outstanding competitive employers of blind people,
    SB2394 Enrolled     - 287 - LRB104 09208 AMC 19265 b

1 providers and recipients of income maintenance programs,

2 in-home care programs, subsidized housing, nursing homes, and

3 homes for the blind.

4   Initially, 4 members shall be appointed for terms of one

5 year, 4 for terms of 2 years, and 3 for terms of 3 years with a

6 partial term of 18 months or more counting as a full term.

7 Subsequent terms shall be 3 years each. No member shall serve

8 more than 2 terms. No Department employee shall be a member of

9 the Council.

10  Members shall be removed for cause, including, but not

11 limited to, demonstrated incompetence, unethical behavior, and

12 unwillingness or inability to serve.

13  Members shall serve without pay but shall be reimbursed

14 for actual expenses incurred in the performance of their

15 duties.

16  Members shall be governed by appropriate and applicable

17 State and federal statutes and regulations on matters such as

18 ethics, confidentiality, freedom of information, travel, and

19 civil rights.

20  Department staff may attend meetings but shall not be a

21 voting member of the Council. The Council shall elect a

22 chairperson and a recording secretary from among its number.

23 Sub-committees and ad hoc committees may be created to

24 concentrate on specific program components or initiative

25 areas.

26  The Council shall perform the following functions:
    SB2394 Enrolled         - 288 - LRB104 09208 AMC 19265 b

1   (a) Facilitate facilitate communication and

2   cooperative efforts between the Department and all

3   agencies which have any responsibility to deliver services

4   to blind and visually impaired persons.

5   (b) Identify identify needs and problems related to

6   blind and visually impaired persons, including children,

7   adults, and seniors, and make recommendations to the

8   Secretary, Bureau Director, and Governor.

9   (c) Recommend recommend programmatic and fiscal

10  priorities governing the provision of services and

11  awarding of grants or contracts by the Department to any

12  person or agency, public or private.

13  (d) Conduct conduct, encourage, and advise independent

14  research by qualified evaluators to improve services to

15  blind and visually impaired persons, including those with

16  multiple disabilities.

17  (e) Participate participate in the development and

18  review of proposed and amended rules and regulations of

19  the Department relating to services for the blind and

20  visually impaired.

21  (f) Review review and comment on all budgets (drafted

22  and submitted) relating to services for blind and visually

23  impaired persons.

24  (g) Promote promote policies and programs to educate

25  the public and elicit public support for services to blind

26  and visually impaired persons.
    SB2394 Enrolled           - 289 - LRB104 09208 AMC 19265 b

1   (h) Encourage encourage creative and innovative

2   programs to strengthen, expand, and improve services for

3   blind and visually impaired persons, including outreach

4   services.

5   (i) Perform perform such other duties as may be

6   required by the Governor, Secretary, and Bureau Director.

7   The Council shall supersede and replace all advisory

8 committees now functioning within the Bureau of Rehabilitation

9 Services for the Blind, with the exception of federally

10 mandated advisory groups.

11 (Source: P.A. 99-143, eff. 7-27-15; revised 7-18-24.)

12  Section 145. The Department of Revenue Law of the Civil

13 Administrative Code of Illinois is amended by setting forth

14 and renumbering multiple versions of Section 2505-815 as

15 follows:

16  (20 ILCS 2505/2505-815)

17  Sec. 2505-815. County Official Compensation Task Force.

18  (a) The County Official Compensation Task Force is created

19 to review the compensation of county-level officials as

20 provided for in various State statutes and to make

21 recommendations to the General Assembly on any appropriate

22 changes to those statutes, including implementation dates.

23  (b) The members of the Task Force shall be as follows:

24  (1) the Director of Revenue or the Director's
    SB2394 Enrolled       - 290 - LRB104 09208 AMC 19265 b

1   designee, who shall serve as the chair of the Task Force;

2   (2) two representatives from a statewide organization

3   that represents chief county assessment officers, with one

4   representative from a county with a 2020 population of

5   fewer than 25,000 persons and one representative from a

6   county with a 2020 population of 25,000 or more, to be

7   appointed by the Director of Revenue;

8   (3) two representatives from a statewide organization

9   that represents county auditors, with one representative

10  from a county with a 2020 population of fewer than 25,000

11  persons and one representative from a county with a 2020

12  population of 25,000 or more, to be appointed by the

13  Director of Revenue;

14  (4) two representatives from a statewide organization

15  that represents county clerks and recorders, with one

16  representative from a county with a 2020 population of

17  fewer than 25,000 persons and one representative from a

18  county with a 2020 population of 25,000 or more, to be

19  appointed by the Director of Revenue;

20  (5) two representatives from a statewide organization

21  that represents circuit clerks, with one representative

22  from a county with a 2020 population of fewer than 25,000

23  persons and one representative from a county with a 2020

24  population of 25,000 or more, to be appointed by the Chief

25  Justice of the Supreme Court;

26  (6) two representatives from a statewide organization
    SB2394 Enrolled          - 291 - LRB104 09208 AMC 19265 b

1   that represents county treasurers, with one representative

2   from a county with a 2020 population of fewer than 25,000

3   persons and one representative from a county with a 2020

4   population of 25,000 or more, to be appointed by the

5   Director of Revenue;

6   (7) four representatives from a statewide organization

7   that represents county board members, with 2

8   representatives from counties with a 2020 population of

9   fewer than 25,000 persons and 2 representatives from

10  counties with a 2020 population of 25,000 or more, to be

11  appointed by the Governor; and

12  (8) four members from the General Assembly, with one

13  member appointed by the President of the Senate, one

14  member appointed by the Senate Minority Leader, one member

15  appointed by the Speaker of the House of Representatives,

16  and one member appointed by the House Minority Leader.

17  (c) The Department of Revenue shall provide administrative

18 and other support to the Task Force.

19  (d) The Task Force's review shall include, but is not

20 limited to, the following subjects:

21  (1) a review and comparison of current statutory

22  provisions and requirements for compensation of

23  county-level officials;

24  (2) the proportion of salary and related costs borne

25  by State government compared to local government;

26  (3) job duties, education requirements, and other
    SB2394 Enrolled          - 292 - LRB104 09208 AMC 19265 b

1   requirements of those serving as county-level officials;

2   and

3        (4) current compensation levels for county-level

4   officials as compared to comparable positions in

5   non-governmental positions and comparable positions in

6   other levels of government.

7   (e) On or before September 1, 2024, the Task Force members

8 shall be appointed. On or before February 1, 2025, the Task

9 Force shall prepare a status report that summarizes its work.

10 The Task Force shall also prepare a comprehensive report

11 either (i) on or before May 1, 2025 or (ii) on or before

12 December 31, 2025, if all appointments to the Task Force are

13 not made by September 1, 2024. The comprehensive report shall

14 summarize the Task Force's findings and make recommendations

15 on the implementation of changes to the compensation of chief

16 county assessment officers, county auditors, county clerks and

17 recorders, county coroners, county treasurers, and circuit

18 clerks that will ensure compensation is competitive for

19 recruitment and retention and will ensure parity exists among

20 compensation levels within each profession, each county, and

21 across the State.

22  (f) The Task Force is dissolved on January 1, 2026.

23 (Source: P.A. 103-592, eff. 6-7-24.)

24  (20 ILCS 2505/2505-816)

25  (Section scheduled to be repealed on December 31, 2026)
    SB2394 Enrolled  - 293 - LRB104 09208 AMC 19265 b

1   Sec. 2505-816 2505-815. Property tax system study. The

2 Department, in consultation with the Department of Commerce

3 and Economic Opportunity, shall conduct a study to evaluate

4 the property tax system in the State and shall analyze any

5 information collected in connection with that study. The

6 Department may also examine whether the existing property tax

7 levy, assessment, appeal, and collection process is reasonable

8 and fair and may issue recommendations to improve that

9 process. For purposes of conducting the study and analyzing

10 the data required under this Section, the Department may

11 determine the scope of the historical data necessary to

12 complete the study, but in no event shall the scope or time

13 period be less than the 10 most recent tax years for which the

14 Department has complete data. The study shall include, but

15 need not be limited to, the following:

16  (1) a comprehensive review of the classification

17  system used by Cook County in assessing real property in

18  Cook County compared with the rest of the State,

19  including, but not limited to, a projection of the impact,

20  if any, that the assessment of real property in Cook

21  County would exhibit if the classification system were to

22  be phased-out and transitioned to a uniform level of

23  assessment, and the impact, if any, that the Cook County

24  classification system has or has had on economic

25  development or job creation in the county;

26  (2) a comprehensive review of State laws concerning
    SB2394 Enrolled  - 294 - LRB104 09208 AMC 19265 b

1   the appeal of assessments at the local and State level and

2   State laws concerning the collection of property taxes,

3   including any issues that have resulted in delays in

4   issuing property tax bills;

5   (3) a comprehensive review of statewide assessment

6   processes, including a comparison of assessment process in

7   Cook County and other counties and practices in other

8   states that allow for standardized assessment processes;

9   (4) a comprehensive review of current property tax

10  homestead exemptions, the impact of those exemptions, and

11  the administration or application of those exemptions;

12  (5) an analysis of preferential assessments or

13  incentives, including, but not limited to, the resultant

14  economic impact from preferential assessments; and

15  (6) a review of the State's reliance on property taxes

16  and the historical growth in property tax levies.

17  The Department may consult with Illinois institutions of

18 higher education in conducting the study required under this

19 Section. The Department may also consult with units of local

20 government. To the extent practicable and where applicable,

21 the Department may request relevant, publicly available

22 property tax information from units of local government,

23 including counties and municipalities, that is deemed

24 necessary to complete the study required pursuant to this

25 Section. Units of local government that are required to submit

26 property tax information to the Department must do so in a
    SB2394 Enrolled     - 295 - LRB104 09208 AMC 19265 b

1 reasonably expedient manner, to the extent possible, but in no

2 event later than 60 days after the date upon which the

3 Department requests that relevant information.

4   The Department may complete a preliminary report that may

5 be made available for public inspection via electronic means

6 prior to the publication of the final report under this

7 Section. The Department shall complete and submit the final

8 report under this Section to the Governor and the General

9 Assembly by July 1, 2026. A copy of both the preliminary

10 report, if made available by the Department, and the final

11 report shall be made available to the public via electronic

12 means. The Department may allow for the submission of public

13 comments from individuals, organizations, or associations

14 representing residential property owners, commercial property

15 owners, units of local government, or labor unions in Illinois

16 prior to finalizing the final report under this Section and

17 after publication of the final report under this Section. If

18 the Department allows for the submission of public comments,

19 the Department shall publish via electronic means any and all

20 materials submitted to the Department.

21  This Section is repealed on December 31, 2026.

22 (Source: P.A. 103-1002, eff. 1-1-25; revised 12-1-24.)

23  Section 150. The Illinois State Police Law of the Civil

24 Administrative Code of Illinois is amended by changing Section

25 2605-51 as follows:
    SB2394 Enrolled         - 296 - LRB104 09208 AMC 19265 b

1   (20 ILCS 2605/2605-51)

2   Sec. 2605-51. Division of the Academy and Training.

3   (a) The Division of the Academy and Training shall

4 exercise, but not be limited to, the following functions:

5   (1) Oversee and operate the Illinois State Police

6   Training Academy.

7   (2) Train and prepare new officers for a career in law

8   enforcement, with innovative, quality training and

9   educational practices.

10  (3) Offer continuing training and educational programs

11  for Illinois State Police employees.

12  (4) Oversee the Illinois State Police's recruitment

13  initiatives.

14  (5) Oversee and operate the Illinois State Police's

15  quartermaster.

16  (6) Duties assigned to the Illinois State Police in

17  Article 5, Chapter 11 of the Illinois Vehicle Code

18  concerning testing and training officers on the detection

19  of impaired driving.

20  (7) Duties assigned to the Illinois State Police in

21  Article 108B of the Code of Criminal Procedure.

22  (a-5) Successful completion of the Illinois State Police

23 Academy satisfies the minimum standards pursuant to

24 subsections (a), (b), and (d) of Section 7 of the Illinois

25 Police Training Act and exempts State police officers from the
    SB2394 Enrolled  - 297 - LRB104 09208 AMC 19265 b

1 Illinois Law Enforcement Training Standards Board's State

2 Comprehensive Examination and Equivalency Examination.

3 Satisfactory completion shall be evidenced by a commission or

4 certificate issued to the officer.

5   (b) The Division of the Academy and Training shall

6 exercise the rights, powers, and duties vested in the former

7 Division of State Troopers by Section 17 of the Illinois State

8 Police Act.

9   (c) Specialized training.

10  (1) Training; cultural diversity. The Division of the

11  Academy and Training shall provide training and continuing

12  education to State police officers concerning cultural

13  diversity, including sensitivity toward racial and ethnic

14  differences. This training and continuing education shall

15  include, but not be limited to, an emphasis on the fact

16  that the primary purpose of enforcement of the Illinois

17  Vehicle Code is safety and equal and uniform enforcement

18  under the law.

19  (2) Training; death and homicide investigations. The

20  Division of the Academy and Training shall provide

21  training in death and homicide investigation for State

22  police officers. Only State police officers who

23  successfully complete the training may be assigned as lead

24  investigators in death and homicide investigations.

25  Satisfactory completion of the training shall be evidenced

26  by a certificate issued to the officer by the Division of
    SB2394 Enrolled        - 298 - LRB104 09208 AMC 19265 b

1   the Academy and Training. The Director shall develop a

2   process for waiver applications for officers whose prior

3   training and experience as homicide investigators may

4   qualify them for a waiver. The Director may issue a

5   waiver, at his or her discretion, based solely on the

6   prior training and experience of an officer as a homicide

7   investigator.

8   (A) The Division shall require all homicide

9   investigator training to include instruction on

10  victim-centered, trauma-informed investigation. This

11  training must be implemented by July 1, 2023.

12  (B) The Division shall cooperate with the Division

13  of Criminal Investigation to develop a model

14  curriculum on victim-centered, trauma-informed

15  investigation. This curriculum must be implemented by

16  July 1, 2023.

17  (3) Training; police dog training standards. All

18  police dogs used by the Illinois State Police for drug

19  enforcement purposes pursuant to the Cannabis Control Act,

20  the Illinois Controlled Substances Act, and the

21  Methamphetamine Control and Community Protection Act shall

22  be trained by programs that meet the certification

23  requirements set by the Director or the Director's

24  designee. Satisfactory completion of the training shall be

25  evidenced by a certificate issued by the Division of the

26  Academy and Training.
    SB2394 Enrolled  - 299 - LRB104 09208 AMC 19265 b

1   (4) Training; post-traumatic stress disorder. The

2   Division of the Academy and Training shall conduct or

3   approve a training program in post-traumatic stress

4   disorder for State police officers. The purpose of that

5   training shall be to equip State police officers to

6   identify the symptoms of post-traumatic stress disorder

7   and to respond appropriately to individuals exhibiting

8   those symptoms.

9   (5) Training; opioid antagonists. The Division of the

10  Academy and Training shall conduct or approve a training

11  program for State police officers in the administration of

12  opioid antagonists as defined in paragraph (1) of

13  subsection (e) of Section 5-23 of the Substance Use

14  Disorder Act that is in accordance with that Section. As

15  used in this Section, "State police officers" includes

16  full-time or part-time State police officers,

17  investigators, and any other employee of the Illinois

18  State Police exercising the powers of a peace officer.

19  (6) Training; sexual assault and sexual abuse.

20  (A) Every 3 years, the Division of the Academy and

21  Training shall present in-service training on sexual

22  assault and sexual abuse response and report writing

23  training requirements, including, but not limited to,

24  the following:

25                   (i) recognizing the symptoms of trauma;

26                   (ii) understanding the role trauma has played
    SB2394 Enrolled  - 300 - LRB104 09208 AMC 19265 b

1   in a victim's life;

2                    (iii) responding to the needs and concerns of

3   a victim;

4                    (iv) delivering services in a compassionate,

5   sensitive, and nonjudgmental manner;

6                    (v) interviewing techniques in accordance with

7   the curriculum standards in this paragraph (6);

8                    (vi) understanding cultural perceptions and

9   common myths of sexual assault and sexual abuse;

10  and

11                   (vii) report writing techniques in accordance

12  with the curriculum standards in this paragraph

13  (6).

14  (B) This training must also be presented in all

15  full and part-time basic law enforcement academies.

16  (C) Instructors providing this training shall have

17  successfully completed training on evidence-based,

18  trauma-informed, victim-centered responses to cases of

19  sexual assault and sexual abuse and have experience

20  responding to sexual assault and sexual abuse cases.

21  (D) The Illinois State Police shall adopt rules,

22  in consultation with the Office of the Attorney

23  General and the Illinois Law Enforcement Training

24  Standards Board, to determine the specific training

25  requirements for these courses, including, but not

26  limited to, the following:
    SB2394 Enrolled       - 301 - LRB104 09208 AMC 19265 b

1                    (i) evidence-based curriculum standards for

2   report writing and immediate response to sexual

3   assault          and        sexual  abuse,   including

4   trauma-informed,            victim-centered  interview

5   techniques, which have been demonstrated to

6   minimize retraumatization, for all State police

7   officers; and

8                    (ii) evidence-based curriculum standards for

9   trauma-informed, victim-centered investigation

10  and interviewing techniques, which have been

11  demonstrated to minimize retraumatization, for

12  cases of sexual assault and sexual abuse for all

13  State police officers who conduct sexual assault

14  and sexual abuse investigations.

15  (7) Training; human trafficking. The Division of the

16  Academy and Training shall conduct or approve a training

17  program in the detection and investigation of all forms of

18  human trafficking, including, but not limited to,

19  involuntary servitude under subsection (b) of Section 10-9

20  of the Criminal Code of 2012, involuntary sexual servitude

21  of a minor under subsection (c) of Section 10-9 of the

22  Criminal Code of 2012, and trafficking in persons under

23  subsection (d) of Section 10-9 of the Criminal Code of

24  2012. This program shall be made available to all cadets

25  and State police officers.

26  (8) Training; hate crimes. The Division of the Academy
    SB2394 Enrolled  - 302 - LRB104 09208 AMC 19265 b

1   and Training shall provide training for State police

2   officers in identifying, responding to, and reporting all

3   hate crimes.

4   (9) Training; cell phone medical information. The

5   Division of the Academy and Training shall develop and

6   require each State police officer to complete training on

7   accessing and utilizing medical information stored in cell

8   phones. The Division may use the program approved under

9   Section 2310-711 of the Department of Public Health Powers

10  and Duties Law of the Civil Administrative Code of

11  Illinois to develop the Division's program.

12  (10) (9) Training; autism spectrum disorders. The

13  Division of the Academy and Training shall provide

14  training for State police officers on the nature of autism

15  spectrum disorders and in identifying and appropriately

16  responding to individuals with autism spectrum disorders.

17  The Illinois State Police shall review the training

18  curriculum and may consult with the Department of Public

19  Health or the Department of Human Services to update the

20  training curriculum as needed. This training shall be made

21  available to all cadets and State police officers.

22  (d) The Division of the Academy and Training shall

23 administer and conduct a program consistent with 18 U.S.C.

24 926B and 926C for qualified active and retired Illinois State

25 Police officers.

26 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
    SB2394 Enrolled          - 303 - LRB104 09208 AMC 19265 b

1 102-813, eff. 5-13-22; 103-34, eff. 1-1-24; 103-939, eff.
2 1-1-25; 103-949, eff. 1-1-25; revised 11-26-24.)

3   Section 155. The Criminal Identification Act is amended by

4 changing Section 5.2 as follows:

5   (20 ILCS 2630/5.2)

6   Sec. 5.2. Expungement, sealing, and immediate sealing.

7   (a) General Provisions.

8   (1) Definitions. In this Act, words and phrases have

9   the meanings set forth in this subsection, except when a

10  particular context clearly requires a different meaning.

11  (A) The following terms shall have the meanings

12  ascribed to them in the following Sections of the

13  Unified Code of Corrections:

14                   Business Offense, Section 5-1-2.

15                   Charge, Section 5-1-3.

16                   Court, Section 5-1-6.

17                   Defendant, Section 5-1-7.

18                   Felony, Section 5-1-9.

19                   Imprisonment, Section 5-1-10.

20                   Judgment, Section 5-1-12.

21                   Misdemeanor, Section 5-1-14.

22                   Offense, Section 5-1-15.

23                   Parole, Section 5-1-16.

24                   Petty Offense, Section 5-1-17.
    SB2394 Enrolled  - 304 - LRB104 09208 AMC 19265 b

1                    Probation, Section 5-1-18.

2                    Sentence, Section 5-1-19.

3                    Supervision, Section 5-1-21.

4                    Victim, Section 5-1-22.

5   (B) As used in this Section, "charge not initiated

6   by arrest" means a charge (as defined by Section 5-1-3

7   of the Unified Code of Corrections) brought against a

8   defendant where the defendant is not arrested prior to

9   or as a direct result of the charge.

10  (C) "Conviction" means a judgment of conviction or

11  sentence entered upon a plea of guilty or upon a

12  verdict or finding of guilty of an offense, rendered

13  by a legally constituted jury or by a court of

14  competent jurisdiction authorized to try the case

15  without a jury. An order of supervision successfully

16  completed by the petitioner is not a conviction. An

17  order of qualified probation (as defined in subsection

18  (a)(1)(J)) successfully completed by the petitioner is

19  not a conviction. An order of supervision or an order

20  of qualified probation that is terminated

21  unsatisfactorily is a conviction, unless the

22  unsatisfactory termination is reversed, vacated, or

23  modified and the judgment of conviction, if any, is

24  reversed or vacated.

25  (D) "Criminal offense" means a petty offense,

26  business offense, misdemeanor, felony, or municipal
    SB2394 Enrolled  - 305 - LRB104 09208 AMC 19265 b

1   ordinance violation (as defined in subsection

2   (a)(1)(H)). As used in this Section, a minor traffic

3   offense (as defined in subsection (a)(1)(G)) shall not

4   be considered a criminal offense.

5   (E) "Expunge" means to physically destroy the

6   records or return them to the petitioner and to

7   obliterate the petitioner's name from any official

8   index or public record, or both. Nothing in this Act

9   shall require the physical destruction of the circuit

10  court file, but such records relating to arrests or

11  charges, or both, ordered expunged shall be impounded

12  as required by subsections (d)(9)(A)(ii) and

13  (d)(9)(B)(ii).

14  (F) As used in this Section, "last sentence" means

15  the sentence, order of supervision, or order of

16  qualified probation (as defined by subsection

17  (a)(1)(J)), for a criminal offense (as defined by

18  subsection (a)(1)(D)) that terminates last in time in

19  any jurisdiction, regardless of whether the petitioner

20  has included the criminal offense for which the

21  sentence or order of supervision or qualified

22  probation was imposed in his or her petition. If

23  multiple sentences, orders of supervision, or orders

24  of qualified probation terminate on the same day and

25  are last in time, they shall be collectively

26  considered the "last sentence" regardless of whether
    SB2394 Enrolled      - 306 - LRB104 09208 AMC 19265 b

1   they were ordered to run concurrently.

2   (G) "Minor traffic offense" means a petty offense,

3   business offense, or Class C misdemeanor under the

4   Illinois Vehicle Code or a similar provision of a

5   municipal or local ordinance.

6   (G-5) "Minor Cannabis Offense" means a violation

7   of Section 4 or 5 of the Cannabis Control Act

8   concerning not more than 30 grams of any substance

9   containing cannabis, provided the violation did not

10  include a penalty enhancement under Section 7 of the

11  Cannabis Control Act and is not associated with an

12  arrest, conviction or other disposition for a violent

13  crime as defined in subsection (c) of Section 3 of the

14  Rights of Crime Victims and Witnesses Act.

15  (H) "Municipal ordinance violation" means an

16  offense defined by a municipal or local ordinance that

17  is criminal in nature and with which the petitioner

18  was charged or for which the petitioner was arrested

19  and released without charging.

20  (I) "Petitioner" means an adult or a minor

21  prosecuted as an adult who has applied for relief

22  under this Section.

23  (J) "Qualified probation" means an order of

24  probation under Section 10 of the Cannabis Control

25  Act, Section 410 of the Illinois Controlled Substances

26  Act, Section 70 of the Methamphetamine Control and
    SB2394 Enrolled  - 307 - LRB104 09208 AMC 19265 b

1   Community Protection Act, Section 5-6-3.3 or 5-6-3.4

2   of the Unified Code of Corrections, Section

3   12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

4   those provisions existed before their deletion by

5   Public Act 89-313), Section 10-102 of the Illinois

6   Alcoholism and Other Drug Dependency Act, Section

7   40-10 of the Substance Use Disorder Act, or Section 10

8   of the Steroid Control Act. For the purpose of this

9   Section, "successful completion" of an order of

10  qualified probation under Section 10-102 of the

11  Illinois Alcoholism and Other Drug Dependency Act and

12  Section 40-10 of the Substance Use Disorder Act means

13  that the probation was terminated satisfactorily and

14  the judgment of conviction was vacated.

15  (K) "Seal" means to physically and electronically

16  maintain the records, unless the records would

17  otherwise be destroyed due to age, but to make the

18  records unavailable without a court order, subject to

19  the exceptions in Sections 12 and 13 of this Act. The

20  petitioner's name shall also be obliterated from the

21  official index required to be kept by the circuit

22  court clerk under Section 16 of the Clerks of Courts

23  Act, but any index issued by the circuit court clerk

24  before the entry of the order to seal shall not be

25  affected.

26  (L) "Sexual offense committed against a minor"
    SB2394 Enrolled  - 308 - LRB104 09208 AMC 19265 b

1   includes, but is not limited to, the offenses of

2   indecent solicitation of a child or criminal sexual

3   abuse when the victim of such offense is under 18 years

4   of age.

5   (M) "Terminate" as it relates to a sentence or

6   order of supervision or qualified probation includes

7   either satisfactory or unsatisfactory termination of

8   the sentence, unless otherwise specified in this

9   Section. A sentence is terminated notwithstanding any

10  outstanding financial legal obligation.

11  (2) Minor Traffic Offenses. Orders of supervision or

12  convictions for minor traffic offenses shall not affect a

13  petitioner's eligibility to expunge or seal records

14  pursuant to this Section.

15  (2.5) Commencing 180 days after July 29, 2016 (the

16  effective date of Public Act 99-697), the law enforcement

17  agency issuing the citation shall automatically expunge,

18  on or before January 1 and July 1 of each year, the law

19  enforcement records of a person found to have committed a

20  civil law violation of subsection (a) of Section 4 of the

21  Cannabis Control Act or subsection (c) of Section 3.5 of

22  the Drug Paraphernalia Control Act in the law enforcement

23  agency's possession or control and which contains the

24  final satisfactory disposition which pertain to the person

25  issued a citation for that offense. The law enforcement

26  agency shall provide by rule the process for access,
    SB2394 Enrolled  - 309 - LRB104 09208 AMC 19265 b

1   review, and to confirm the automatic expungement by the

2   law enforcement agency issuing the citation. Commencing

3   180 days after July 29, 2016 (the effective date of Public

4   Act 99-697), the clerk of the circuit court shall expunge,

5   upon order of the court, or in the absence of a court order

6   on or before January 1 and July 1 of each year, the court

7   records of a person found in the circuit court to have

8   committed a civil law violation of subsection (a) of

9   Section 4 of the Cannabis Control Act or subsection (c) of

10  Section 3.5 of the Drug Paraphernalia Control Act in the

11  clerk's possession or control and which contains the final

12  satisfactory disposition which pertain to the person

13  issued a citation for any of those offenses.

14  (3) Exclusions. Except as otherwise provided in

15  subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

16  of this Section, the court shall not order:

17  (A) the sealing or expungement of the records of

18  arrests or charges not initiated by arrest that result

19  in an order of supervision for or conviction of: (i)

20  any sexual offense committed against a minor; (ii)

21  Section 11-501 of the Illinois Vehicle Code or a

22  similar provision of a local ordinance; or (iii)

23  Section 11-503 of the Illinois Vehicle Code or a

24  similar provision of a local ordinance, unless the

25  arrest or charge is for a misdemeanor violation of

26  subsection (a) of Section 11-503 or a similar
    SB2394 Enrolled    - 310 - LRB104 09208 AMC 19265 b

1   provision of a local ordinance, that occurred prior to

2   the offender reaching the age of 25 years and the

3   offender has no other conviction for violating Section

4   11-501 or 11-503 of the Illinois Vehicle Code or a

5   similar provision of a local ordinance.

6   (B) the sealing or expungement of records of minor

7   traffic offenses (as defined in subsection (a)(1)(G)),

8   unless the petitioner was arrested and released

9   without charging.

10  (C) the sealing of the records of arrests or

11  charges not initiated by arrest which result in an

12  order of supervision or a conviction for the following

13  offenses:

14                   (i) offenses included in Article 11 of the

15  Criminal Code of 1961 or the Criminal Code of 2012

16  or a similar provision of a local ordinance,

17  except Section 11-14 and a misdemeanor violation

18  of Section 11-30 of the Criminal Code of 1961 or

19  the Criminal Code of 2012, or a similar provision

20  of a local ordinance;

21                   (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

22  26-5, or 48-1 of the Criminal Code of 1961 or the

23  Criminal Code of 2012, or a similar provision of a

24  local ordinance;

25                   (iii) Section 12-3.1 or 12-3.2 of the Criminal

26  Code of 1961 or the Criminal Code of 2012, or
    SB2394 Enrolled   - 311 - LRB104 09208 AMC 19265 b

1   Section 125 of the Stalking No Contact Order Act,

2   or Section 219 of the Civil No Contact Order Act,

3   or a similar provision of a local ordinance;

4                    (iv) Class A misdemeanors or felony offenses

5   under the Humane Care for Animals Act; or

6                    (v) any offense or attempted offense that

7   would subject a person to registration under the

8   Sex Offender Registration Act.

9   (D) (blank).

10  (b) Expungement.

11  (1) A petitioner may petition the circuit court to

12  expunge the records of his or her arrests and charges not

13  initiated by arrest when each arrest or charge not

14  initiated by arrest sought to be expunged resulted in: (i)

15  acquittal, dismissal, or the petitioner's release without

16  charging, unless excluded by subsection (a)(3)(B); (ii) a

17  conviction which was vacated or reversed, unless excluded

18  by subsection (a)(3)(B); (iii) an order of supervision and

19  such supervision was successfully completed by the

20  petitioner, unless excluded by subsection (a)(3)(A) or

21  (a)(3)(B); or (iv) an order of qualified probation (as

22  defined in subsection (a)(1)(J)) and such probation was

23  successfully completed by the petitioner.

24  (1.5) When a petitioner seeks to have a record of

25  arrest expunged under this Section, and the offender has

26  been convicted of a criminal offense, the State's Attorney
    SB2394 Enrolled  - 312 - LRB104 09208 AMC 19265 b

1   may object to the expungement on the grounds that the

2   records contain specific relevant information aside from

3   the mere fact of the arrest.

4   (2) Time frame for filing a petition to expunge.

5   (A) When the arrest or charge not initiated by

6   arrest sought to be expunged resulted in an acquittal,

7   dismissal, the petitioner's release without charging,

8   or the reversal or vacation of a conviction, there is

9   no waiting period to petition for the expungement of

10  such records.

11  (A-5) In anticipation of the successful completion

12  of a problem-solving court, pre-plea diversion, or

13  post-plea diversion program, a petition for

14  expungement may be filed 61 days before the

15  anticipated dismissal of the case or any time

16  thereafter. Upon successful completion of the program

17  and dismissal of the case, the court shall review the

18  petition of the person graduating from the program and

19  shall grant expungement if the petitioner meets all

20  requirements as specified in any applicable statute.

21  (B) When the arrest or charge not initiated by

22  arrest sought to be expunged resulted in an order of

23  supervision, successfully completed by the petitioner,

24  the following time frames will apply:

25                   (i) Those arrests or charges that resulted in

26  orders of supervision under Section 3-707, 3-708,
    SB2394 Enrolled  - 313 - LRB104 09208 AMC 19265 b

1   3-710, or 5-401.3 of the Illinois Vehicle Code or

2   a similar provision of a local ordinance, or under

3   Section 11-1.50, 12-3.2, or 12-15 of the Criminal

4   Code of 1961 or the Criminal Code of 2012, or a

5   similar provision of a local ordinance, shall not

6   be eligible for expungement until 5 years have

7   passed following the satisfactory termination of

8   the supervision.

9                    (i-5) Those arrests or charges that resulted

10  in orders of supervision for a misdemeanor

11  violation of subsection (a) of Section 11-503 of

12  the Illinois Vehicle Code or a similar provision

13  of a local ordinance, that occurred prior to the

14  offender reaching the age of 25 years and the

15  offender has no other conviction for violating

16  Section 11-501 or 11-503 of the Illinois Vehicle

17  Code or a similar provision of a local ordinance

18  shall not be eligible for expungement until the

19  petitioner has reached the age of 25 years.

20                   (ii) Those arrests or charges that resulted in

21  orders of supervision for any other offenses shall

22  not be eligible for expungement until 2 years have

23  passed following the satisfactory termination of

24  the supervision.

25  (C) When the arrest or charge not initiated by

26  arrest sought to be expunged resulted in an order of
    SB2394 Enrolled  - 314 - LRB104 09208 AMC 19265 b

1   qualified probation, successfully completed by the

2   petitioner, such records shall not be eligible for

3   expungement until 5 years have passed following the

4   satisfactory termination of the probation.

5   (3) Those records maintained by the Illinois State

6   Police for persons arrested prior to their 17th birthday

7   shall be expunged as provided in Section 5-915 of the

8   Juvenile Court Act of 1987.

9   (4) Whenever a person has been arrested for or

10  convicted of any offense, in the name of a person whose

11  identity he or she has stolen or otherwise come into

12  possession of, the aggrieved person from whom the identity

13  was stolen or otherwise obtained without authorization,

14  upon learning of the person having been arrested using his

15  or her identity, may, upon verified petition to the chief

16  judge of the circuit wherein the arrest was made, have a

17  court order entered nunc pro tunc by the Chief Judge to

18  correct the arrest record, conviction record, if any, and

19  all official records of the arresting authority, the

20  Illinois State Police, other criminal justice agencies,

21  the prosecutor, and the trial court concerning such

22  arrest, if any, by removing his or her name from all such

23  records in connection with the arrest and conviction, if

24  any, and by inserting in the records the name of the

25  offender, if known or ascertainable, in lieu of the

26  aggrieved's name. The records of the circuit court clerk
    SB2394 Enrolled  - 315 - LRB104 09208 AMC 19265 b

1   shall be sealed until further order of the court upon good

2   cause shown and the name of the aggrieved person

3   obliterated on the official index required to be kept by

4   the circuit court clerk under Section 16 of the Clerks of

5   Courts Act, but the order shall not affect any index

6   issued by the circuit court clerk before the entry of the

7   order. Nothing in this Section shall limit the Illinois

8   State Police or other criminal justice agencies or

9   prosecutors from listing under an offender's name the

10  false names he or she has used.

11  (5) Whenever a person has been convicted of criminal

12  sexual assault, aggravated criminal sexual assault,

13  predatory criminal sexual assault of a child, criminal

14  sexual abuse, or aggravated criminal sexual abuse, the

15  victim of that offense may request that the State's

16  Attorney of the county in which the conviction occurred

17  file a verified petition with the presiding trial judge at

18  the petitioner's trial to have a court order entered to

19  seal the records of the circuit court clerk in connection

20  with the proceedings of the trial court concerning that

21  offense. However, the records of the arresting authority

22  and the Illinois State Police concerning the offense shall

23  not be sealed. The court, upon good cause shown, shall

24  make the records of the circuit court clerk in connection

25  with the proceedings of the trial court concerning the

26  offense available for public inspection.
    SB2394 Enrolled       - 316 - LRB104 09208 AMC 19265 b

1   (6) If a conviction has been set aside on direct

2   review or on collateral attack and the court determines by

3   clear and convincing evidence that the petitioner was

4   factually innocent of the charge, the court that finds the

5   petitioner factually innocent of the charge shall enter an

6   expungement order for the conviction for which the

7   petitioner has been determined to be innocent as provided

8   in subsection (b) of Section 5-5-4 of the Unified Code of

9   Corrections.

10  (7) Nothing in this Section shall prevent the Illinois

11  State Police from maintaining all records of any person

12  who is admitted to probation upon terms and conditions and

13  who fulfills those terms and conditions pursuant to

14  Section 10 of the Cannabis Control Act, Section 410 of the

15  Illinois Controlled Substances Act, Section 70 of the

16  Methamphetamine Control and Community Protection Act,

17  Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

18  Corrections, Section 12-4.3 or subdivision (b)(1) of

19  Section 12-3.05 of the Criminal Code of 1961 or the

20  Criminal Code of 2012, Section 10-102 of the Illinois

21  Alcoholism and Other Drug Dependency Act, Section 40-10 of

22  the Substance Use Disorder Act, or Section 10 of the

23  Steroid Control Act.

24  (8) If the petitioner has been granted a certificate

25  of innocence under Section 2-702 of the Code of Civil

26  Procedure, the court that grants the certificate of
    SB2394 Enrolled  - 317 - LRB104 09208 AMC 19265 b

1   innocence shall also enter an order expunging the

2   conviction for which the petitioner has been determined to

3   be innocent as provided in subsection (h) of Section 2-702

4   of the Code of Civil Procedure.

5   (c) Sealing.

6   (1) Applicability. Notwithstanding any other provision

7   of this Act to the contrary, and cumulative with any

8   rights to expungement of criminal records, this subsection

9   authorizes the sealing of criminal records of adults and

10  of minors prosecuted as adults. Subsection (g) of this

11  Section provides for immediate sealing of certain records.

12  (2) Eligible Records. The following records may be

13  sealed:

14           (A) All arrests resulting in release without

15  charging;

16           (B) Arrests or charges not initiated by arrest

17  resulting in acquittal, dismissal, or conviction when

18  the conviction was reversed or vacated, except as

19  excluded by subsection (a)(3)(B);

20           (C) Arrests or charges not initiated by arrest

21  resulting in orders of supervision, including orders

22  of supervision for municipal ordinance violations,

23  successfully completed by the petitioner, unless

24  excluded by subsection (a)(3);

25           (D) Arrests or charges not initiated by arrest

26  resulting in convictions, including convictions on
    SB2394 Enrolled     - 318 - LRB104 09208 AMC 19265 b

1   municipal ordinance violations, unless excluded by

2   subsection (a)(3);

3   (E) Arrests or charges not initiated by arrest

4   resulting in orders of first offender probation under

5   Section 10 of the Cannabis Control Act, Section 410 of

6   the Illinois Controlled Substances Act, Section 70 of

7   the Methamphetamine Control and Community Protection

8   Act, or Section 5-6-3.3 of the Unified Code of

9   Corrections; and

10  (F) Arrests or charges not initiated by arrest

11  resulting in felony convictions unless otherwise

12  excluded by subsection (a) paragraph (3) of this

13  Section.

14  (3) When Records Are Eligible to Be Sealed. Records

15  identified as eligible under subsection (c)(2) may be

16  sealed as follows:

17  (A) Records identified as eligible under

18  subsections (c)(2)(A) and (c)(2)(B) may be sealed at

19  any time.

20  (B) Except as otherwise provided in subparagraph

21  (E) of this paragraph (3), records identified as

22  eligible under subsection (c)(2)(C) may be sealed 2

23  years after the termination of petitioner's last

24  sentence (as defined in subsection (a)(1)(F)).

25  (C) Except as otherwise provided in subparagraph

26  (E) of this paragraph (3), records identified as
    SB2394 Enrolled  - 319 - LRB104 09208 AMC 19265 b

1   eligible under subsections (c)(2)(D), (c)(2)(E), and

2   (c)(2)(F) may be sealed 3 years after the termination

3   of the petitioner's last sentence (as defined in

4   subsection (a)(1)(F)). Convictions requiring public

5   registration under the Arsonist Registry Act, the Sex

6   Offender Registration Act, or the Murderer and Violent

7   Offender Against Youth Registration Act may not be

8   sealed until the petitioner is no longer required to

9   register under that relevant Act.

10  (D) Records identified in subsection

11  (a)(3)(A)(iii) may be sealed after the petitioner has

12  reached the age of 25 years.

13  (E) Records identified as eligible under

14  subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or

15  (c)(2)(F) may be sealed upon termination of the

16  petitioner's last sentence if the petitioner earned a

17  high school diploma, associate's degree, career

18  certificate, vocational technical certification, or

19  bachelor's degree, or passed the high school level

20  Test of General Educational Development, during the

21  period of his or her sentence or mandatory supervised

22  release. This subparagraph shall apply only to a

23  petitioner who has not completed the same educational

24  goal prior to the period of his or her sentence or

25  mandatory supervised release. If a petition for

26  sealing eligible records filed under this subparagraph
    SB2394 Enrolled  - 320 - LRB104 09208 AMC 19265 b

1   is denied by the court, the time periods under

2   subparagraph (B) or (C) shall apply to any subsequent

3   petition for sealing filed by the petitioner.

4   (4) Subsequent felony convictions. A person may not

5   have subsequent felony conviction records sealed as

6   provided in this subsection (c) if he or she is convicted

7   of any felony offense after the date of the sealing of

8   prior felony convictions as provided in this subsection

9   (c). The court may, upon conviction for a subsequent

10  felony offense, order the unsealing of prior felony

11  conviction records previously ordered sealed by the court.

12  (5) Notice of eligibility for sealing. Upon entry of a

13  disposition for an eligible record under this subsection

14  (c), the petitioner shall be informed by the court of the

15  right to have the records sealed and the procedures for

16  the sealing of the records.

17  (d) Procedure. The following procedures apply to

18 expungement under subsections (b), (e), and (e-6) and sealing

19 under subsections (c) and (e-5):

20  (1) Filing the petition. Upon becoming eligible to

21  petition for the expungement or sealing of records under

22  this Section, the petitioner shall file a petition

23  requesting the expungement or sealing of records with the

24  clerk of the court where the arrests occurred or the

25  charges were brought, or both. If arrests occurred or

26  charges were brought in multiple jurisdictions, a petition
    SB2394 Enrolled    - 321 - LRB104 09208 AMC 19265 b

1   must be filed in each such jurisdiction. The petitioner

2   shall pay the applicable fee, except no fee shall be

3   required if the petitioner has obtained a court order

4   waiving fees under Supreme Court Rule 298 or it is

5   otherwise waived.

6   (1.5) County fee waiver pilot program. From August 9,

7   2019 (the effective date of Public Act 101-306) through

8   December 31, 2020, in a county of 3,000,000 or more

9   inhabitants, no fee shall be required to be paid by a

10  petitioner if the records sought to be expunged or sealed

11  were arrests resulting in release without charging or

12  arrests or charges not initiated by arrest resulting in

13  acquittal, dismissal, or conviction when the conviction

14  was reversed or vacated, unless excluded by subsection

15  (a)(3)(B). The provisions of this paragraph (1.5), other

16  than this sentence, are inoperative on and after January

17  1, 2022.

18  (2) Contents of petition. The petition shall be

19  verified and shall contain the petitioner's name, date of

20  birth, current address and, for each arrest or charge not

21  initiated by arrest sought to be sealed or expunged, the

22  case number, the date of arrest (if any), the identity of

23  the arresting authority, and such other information as the

24  court may require. During the pendency of the proceeding,

25  the petitioner shall promptly notify the circuit court

26  clerk of any change of his or her address. If the
    SB2394 Enrolled  - 322 - LRB104 09208 AMC 19265 b

1   petitioner has received a certificate of eligibility for

2   sealing from the Prisoner Review Board under paragraph

3   (10) of subsection (a) of Section 3-3-2 of the Unified

4   Code of Corrections, the certificate shall be attached to

5   the petition.

6   (3) Drug test. The petitioner must attach to the

7   petition proof that the petitioner has taken within 30

8   days before the filing of the petition a test showing the

9   absence within his or her body of all illegal substances

10  as defined by the Illinois Controlled Substances Act and

11  the Methamphetamine Control and Community Protection Act

12  if he or she is petitioning to:

13  (A) seal felony records under clause (c)(2)(E);

14  (B) seal felony records for a violation of the

15  Illinois         Controlled      Substances  Act,    the

16  Methamphetamine Control and Community Protection Act,

17  or the Cannabis Control Act under clause (c)(2)(F);

18  (C) seal felony records under subsection (e-5); or

19  (D) expunge felony records of a qualified

20  probation under clause (b)(1)(iv).

21  (4) Service of petition. The circuit court clerk shall

22  promptly serve a copy of the petition and documentation to

23  support the petition under subsection (e-5) or (e-6) on

24  the State's Attorney or prosecutor charged with the duty

25  of prosecuting the offense, the Illinois State Police, the

26  arresting agency and the chief legal officer of the unit
    SB2394 Enrolled      - 323 - LRB104 09208 AMC 19265 b

1   of local government effecting the arrest.

2   (5) Objections.

3   (A) Any party entitled to notice of the petition

4   may file an objection to the petition. All objections

5   shall be in writing, shall be filed with the circuit

6   court clerk, and shall state with specificity the

7   basis of the objection. Whenever a person who has been

8   convicted of an offense is granted a pardon by the

9   Governor which specifically authorizes expungement, an

10  objection to the petition may not be filed.

11  (B) Objections to a petition to expunge or seal

12  must be filed within 60 days of the date of service of

13  the petition.

14  (6) Entry of order.

15  (A) The Chief Judge of the circuit wherein the

16  charge was brought, any judge of that circuit

17  designated by the Chief Judge, or in counties of less

18  than 3,000,000 inhabitants, the presiding trial judge

19  at the petitioner's trial, if any, shall rule on the

20  petition to expunge or seal as set forth in this

21  subsection (d)(6).

22  (B) Unless the State's Attorney or prosecutor, the

23  Illinois State Police, the arresting agency, or the

24  chief legal officer files an objection to the petition

25  to expunge or seal within 60 days from the date of

26  service of the petition, the court shall enter an
    SB2394 Enrolled  - 324 - LRB104 09208 AMC 19265 b

1   order granting or denying the petition.

2   (C) Notwithstanding any other provision of law,

3   the court shall not deny a petition for sealing under

4   this Section because the petitioner has not satisfied

5   an outstanding legal financial obligation established,

6   imposed, or originated by a court, law enforcement

7   agency, or a municipal, State, county, or other unit

8   of local government, including, but not limited to,

9   any cost, assessment, fine, or fee. An outstanding

10  legal financial obligation does not include any court

11  ordered restitution to a victim under Section 5-5-6 of

12  the Unified Code of Corrections, unless the

13  restitution has been converted to a civil judgment.

14  Nothing in this subparagraph (C) waives, rescinds, or

15  abrogates a legal financial obligation or otherwise

16  eliminates or affects the right of the holder of any

17  financial obligation to pursue collection under

18  applicable federal, State, or local law.

19  (D) Notwithstanding any other provision of law,

20  the court shall not deny a petition to expunge or seal

21  under this Section because the petitioner has

22  submitted a drug test taken within 30 days before the

23  filing of the petition to expunge or seal that

24  indicates a positive test for the presence of cannabis

25  within the petitioner's body. In this subparagraph

26  (D), "cannabis" has the meaning ascribed to it in
    SB2394 Enrolled          - 325 - LRB104 09208 AMC 19265 b

1   Section 3 of the Cannabis Control Act.

2   (7) Hearings. If an objection is filed, the court

3   shall set a date for a hearing and notify the petitioner

4   and all parties entitled to notice of the petition of the

5   hearing date at least 30 days prior to the hearing. Prior

6   to the hearing, the State's Attorney shall consult with

7   the Illinois State Police as to the appropriateness of the

8   relief sought in the petition to expunge or seal. At the

9   hearing, the court shall hear evidence on whether the

10  petition should or should not be granted, and shall grant

11  or deny the petition to expunge or seal the records based

12  on the evidence presented at the hearing. The court may

13  consider the following:

14  (A) the strength of the evidence supporting the

15  defendant's conviction;

16  (B) the reasons for retention of the conviction

17  records by the State;

18  (C) the petitioner's age, criminal record history,

19  and employment history;

20  (D) the period of time between the petitioner's

21  arrest on the charge resulting in the conviction and

22  the filing of the petition under this Section; and

23  (E) the specific adverse consequences the

24  petitioner may be subject to if the petition is

25  denied.

26  (8) Service of order. After entering an order to
    SB2394 Enrolled  - 326 - LRB104 09208 AMC 19265 b

1   expunge or seal records, the court must provide copies of

2   the order to the Illinois State Police, in a form and

3   manner prescribed by the Illinois State Police, to the

4   petitioner, to the State's Attorney or prosecutor charged

5   with the duty of prosecuting the offense, to the arresting

6   agency, to the chief legal officer of the unit of local

7   government effecting the arrest, and to such other

8   criminal justice agencies as may be ordered by the court.

9   (9) Implementation of order.

10  (A) Upon entry of an order to expunge records

11  pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

12  both:

13                   (i) the records shall be expunged (as defined

14  in subsection (a)(1)(E)) by the arresting agency,

15  the Illinois State Police, and any other agency as

16  ordered by the court, within 60 days of the date of

17  service of the order, unless a motion to vacate,

18  modify, or reconsider the order is filed pursuant

19  to paragraph (12) of subsection (d) of this

20  Section;

21                   (ii) the records of the circuit court clerk

22  shall be impounded until further order of the

23  court upon good cause shown and the name of the

24  petitioner obliterated on the official index

25  required to be kept by the circuit court clerk

26  under Section 16 of the Clerks of Courts Act, but
    SB2394 Enrolled  - 327 - LRB104 09208 AMC 19265 b

1   the order shall not affect any index issued by the

2   circuit court clerk before the entry of the order;

3   and

4                    (iii) in response to an inquiry for expunged

5   records, the court, the Illinois State Police, or

6   the agency receiving such inquiry, shall reply as

7   it does in response to inquiries when no records

8   ever existed.

9   (B) Upon entry of an order to expunge records

10  pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

11  both:

12                   (i) the records shall be expunged (as defined

13  in subsection (a)(1)(E)) by the arresting agency

14  and any other agency as ordered by the court,

15  within 60 days of the date of service of the order,

16  unless a motion to vacate, modify, or reconsider

17  the order is filed pursuant to paragraph (12) of

18  subsection (d) of this Section;

19                   (ii) the records of the circuit court clerk

20  shall be impounded until further order of the

21  court upon good cause shown and the name of the

22  petitioner obliterated on the official index

23  required to be kept by the circuit court clerk

24  under Section 16 of the Clerks of Courts Act, but

25  the order shall not affect any index issued by the

26  circuit court clerk before the entry of the order;
    SB2394 Enrolled  - 328 - LRB104 09208 AMC 19265 b

1                    (iii) the records shall be impounded by the

2   Illinois State Police within 60 days of the date

3   of service of the order as ordered by the court,

4   unless a motion to vacate, modify, or reconsider

5   the order is filed pursuant to paragraph (12) of

6   subsection (d) of this Section;

7                    (iv) records impounded by the Illinois State

8   Police may be disseminated by the Illinois State

9   Police only as required by law or to the arresting

10  authority, the State's Attorney, and the court

11  upon a later arrest for the same or a similar

12  offense or for the purpose of sentencing for any

13  subsequent felony, and to the Department of

14  Corrections upon conviction for any offense; and

15                   (v) in response to an inquiry for such records

16  from anyone not authorized by law to access such

17  records, the court, the Illinois State Police, or

18  the agency receiving such inquiry shall reply as

19  it does in response to inquiries when no records

20  ever existed.

21  (B-5) Upon entry of an order to expunge records

22  under subsection (e-6):

23                   (i) the records shall be expunged (as defined

24  in subsection (a)(1)(E)) by the arresting agency

25  and any other agency as ordered by the court,

26  within 60 days of the date of service of the order,
    SB2394 Enrolled  - 329 - LRB104 09208 AMC 19265 b

1   unless a motion to vacate, modify, or reconsider

2   the order is filed under paragraph (12) of

3   subsection (d) of this Section;

4                    (ii) the records of the circuit court clerk

5   shall be impounded until further order of the

6   court upon good cause shown and the name of the

7   petitioner obliterated on the official index

8   required to be kept by the circuit court clerk

9   under Section 16 of the Clerks of Courts Act, but

10  the order shall not affect any index issued by the

11  circuit court clerk before the entry of the order;

12                   (iii) the records shall be impounded by the

13  Illinois State Police within 60 days of the date

14  of service of the order as ordered by the court,

15  unless a motion to vacate, modify, or reconsider

16  the order is filed under paragraph (12) of

17  subsection (d) of this Section;

18                   (iv) records impounded by the Illinois State

19  Police may be disseminated by the Illinois State

20  Police only as required by law or to the arresting

21  authority, the State's Attorney, and the court

22  upon a later arrest for the same or a similar

23  offense or for the purpose of sentencing for any

24  subsequent felony, and to the Department of

25  Corrections upon conviction for any offense; and

26                   (v) in response to an inquiry for these
    SB2394 Enrolled  - 330 - LRB104 09208 AMC 19265 b

1   records from anyone not authorized by law to

2   access the records, the court, the Illinois State

3   Police, or the agency receiving the inquiry shall

4   reply as it does in response to inquiries when no

5   records ever existed.

6   (C) Upon entry of an order to seal records under

7   subsection (c), the arresting agency, any other agency

8   as ordered by the court, the Illinois State Police,

9   and the court shall seal the records (as defined in

10  subsection (a)(1)(K)). In response to an inquiry for

11  such records, from anyone not authorized by law to

12  access such records, the court, the Illinois State

13  Police, or the agency receiving such inquiry shall

14  reply as it does in response to inquiries when no

15  records ever existed.

16  (D) The Illinois State Police shall send written

17  notice to the petitioner of its compliance with each

18  order to expunge or seal records within 60 days of the

19  date of service of that order or, if a motion to

20  vacate, modify, or reconsider is filed, within 60 days

21  of service of the order resolving the motion, if that

22  order requires the Illinois State Police to expunge or

23  seal records. In the event of an appeal from the

24  circuit court order, the Illinois State Police shall

25  send written notice to the petitioner of its

26  compliance with an Appellate Court or Supreme Court
    SB2394 Enrolled  - 331 - LRB104 09208 AMC 19265 b

1   judgment to expunge or seal records within 60 days of

2   the issuance of the court's mandate. The notice is not

3   required while any motion to vacate, modify, or

4   reconsider, or any appeal or petition for

5   discretionary appellate review, is pending.

6   (E) Upon motion, the court may order that a sealed

7   judgment or other court record necessary to

8   demonstrate the amount of any legal financial

9   obligation due and owing be made available for the

10  limited purpose of collecting any legal financial

11  obligations owed by the petitioner that were

12  established, imposed, or originated in the criminal

13  proceeding for which those records have been sealed.

14  The records made available under this subparagraph (E)

15  shall not be entered into the official index required

16  to be kept by the circuit court clerk under Section 16

17  of the Clerks of Courts Act and shall be immediately

18  re-impounded upon the collection of the outstanding

19  financial obligations.

20  (F) Notwithstanding any other provision of this

21  Section, a circuit court clerk may access a sealed

22  record for the limited purpose of collecting payment

23  for any legal financial obligations that were

24  established, imposed, or originated in the criminal

25  proceedings for which those records have been sealed.

26  (10) Fees. The Illinois State Police may charge the
    SB2394 Enrolled  - 332 - LRB104 09208 AMC 19265 b

1   petitioner a fee equivalent to the cost of processing any

2   order to expunge or seal records. Notwithstanding any

3   provision of the Clerks of Courts Act to the contrary, the

4   circuit court clerk may charge a fee equivalent to the

5   cost associated with the sealing or expungement of records

6   by the circuit court clerk. From the total filing fee

7   collected for the petition to seal or expunge, the circuit

8   court clerk shall deposit $10 into the Circuit Court Clerk

9   Operation and Administrative Fund, to be used to offset

10  the costs incurred by the circuit court clerk in

11  performing the additional duties required to serve the

12  petition to seal or expunge on all parties. The circuit

13  court clerk shall collect and remit the Illinois State

14  Police portion of the fee to the State Treasurer and it

15  shall be deposited in the State Police Services Fund. If

16  the record brought under an expungement petition was

17  previously sealed under this Section, the fee for the

18  expungement petition for that same record shall be waived.

19  (11) Final Order. No court order issued under the

20  expungement or sealing provisions of this Section shall

21  become final for purposes of appeal until 30 days after

22  service of the order on the petitioner and all parties

23  entitled to notice of the petition.

24  (12) Motion to Vacate, Modify, or Reconsider. Under

25  Section 2-1203 of the Code of Civil Procedure, the

26  petitioner or any party entitled to notice may file a
    SB2394 Enrolled       - 333 - LRB104 09208 AMC 19265 b

1   motion to vacate, modify, or reconsider the order granting

2   or denying the petition to expunge or seal within 60 days

3   of service of the order. If filed more than 60 days after

4   service of the order, a petition to vacate, modify, or

5   reconsider shall comply with subsection (c) of Section

6   2-1401 of the Code of Civil Procedure. Upon filing of a

7   motion to vacate, modify, or reconsider, notice of the

8   motion shall be served upon the petitioner and all parties

9   entitled to notice of the petition.

10  (13) Effect of Order. An order granting a petition

11  under the expungement or sealing provisions of this

12  Section shall not be considered void because it fails to

13  comply with the provisions of this Section or because of

14  any error asserted in a motion to vacate, modify, or

15  reconsider. The circuit court retains jurisdiction to

16  determine whether the order is voidable and to vacate,

17  modify, or reconsider its terms based on a motion filed

18  under paragraph (12) of this subsection (d).

19  (14) Compliance with Order Granting Petition to Seal

20  Records. Unless a court has entered a stay of an order

21  granting a petition to seal, all parties entitled to

22  notice of the petition must fully comply with the terms of

23  the order within 60 days of service of the order even if a

24  party is seeking relief from the order through a motion

25  filed under paragraph (12) of this subsection (d) or is

26  appealing the order.
    SB2394 Enrolled  - 334 - LRB104 09208 AMC 19265 b

1   (15) Compliance with Order Granting Petition to

2   Expunge Records. While a party is seeking relief from the

3   order granting the petition to expunge through a motion

4   filed under paragraph (12) of this subsection (d) or is

5   appealing the order, and unless a court has entered a stay

6   of that order, the parties entitled to notice of the

7   petition must seal, but need not expunge, the records

8   until there is a final order on the motion for relief or,

9   in the case of an appeal, the issuance of that court's

10  mandate.

11  (16) The changes to this subsection (d) made by Public

12  Act 98-163 apply to all petitions pending on August 5,

13  2013 (the effective date of Public Act 98-163) and to all

14  orders ruling on a petition to expunge or seal on or after

15  August 5, 2013 (the effective date of Public Act 98-163).

16  (e) Whenever a person who has been convicted of an offense

17 is granted a pardon by the Governor which specifically

18 authorizes expungement, he or she may, upon verified petition

19 to the Chief Judge of the circuit where the person had been

20 convicted, any judge of the circuit designated by the Chief

21 Judge, or in counties of less than 3,000,000 inhabitants, the

22 presiding trial judge at the defendant's trial, have a court

23 order entered expunging the record of arrest from the official

24 records of the arresting authority and order that the records

25 of the circuit court clerk and the Illinois State Police be

26 sealed until further order of the court upon good cause shown
    SB2394 Enrolled  - 335 - LRB104 09208 AMC 19265 b

1 or as otherwise provided herein, and the name of the defendant

2 obliterated from the official index requested to be kept by

3 the circuit court clerk under Section 16 of the Clerks of

4 Courts Act in connection with the arrest and conviction for

5 the offense for which he or she had been pardoned but the order

6 shall not affect any index issued by the circuit court clerk

7 before the entry of the order. All records sealed by the

8 Illinois State Police may be disseminated by the Illinois

9 State Police only to the arresting authority, the State's

10 Attorney, and the court upon a later arrest for the same or

11 similar offense or for the purpose of sentencing for any

12 subsequent felony. Upon conviction for any subsequent offense,

13 the Department of Corrections shall have access to all sealed

14 records of the Illinois State Police pertaining to that

15 individual. Upon entry of the order of expungement, the

16 circuit court clerk shall promptly mail a copy of the order to

17 the person who was pardoned.

18  (e-5) Whenever a person who has been convicted of an

19 offense is granted a certificate of eligibility for sealing by

20 the Prisoner Review Board which specifically authorizes

21 sealing, he or she may, upon verified petition to the Chief

22 Judge of the circuit where the person had been convicted, any

23 judge of the circuit designated by the Chief Judge, or in

24 counties of less than 3,000,000 inhabitants, the presiding

25 trial judge at the petitioner's trial, have a court order

26 entered sealing the record of arrest from the official records
    SB2394 Enrolled          - 336 - LRB104 09208 AMC 19265 b

1 of the arresting authority and order that the records of the

2 circuit court clerk and the Illinois State Police be sealed

3 until further order of the court upon good cause shown or as

4 otherwise provided herein, and the name of the petitioner

5 obliterated from the official index requested to be kept by

6 the circuit court clerk under Section 16 of the Clerks of

7 Courts Act in connection with the arrest and conviction for

8 the offense for which he or she had been granted the

9 certificate but the order shall not affect any index issued by

10 the circuit court clerk before the entry of the order. All

11 records sealed by the Illinois State Police may be

12 disseminated by the Illinois State Police only as required by

13 this Act or to the arresting authority, a law enforcement

14 agency, the State's Attorney, and the court upon a later

15 arrest for the same or similar offense or for the purpose of

16 sentencing for any subsequent felony. Upon conviction for any

17 subsequent offense, the Department of Corrections shall have

18 access to all sealed records of the Illinois State Police

19 pertaining to that individual. Upon entry of the order of

20 sealing, the circuit court clerk shall promptly mail a copy of

21 the order to the person who was granted the certificate of

22 eligibility for sealing.

23  (e-6) Whenever a person who has been convicted of an

24 offense is granted a certificate of eligibility for

25 expungement by the Prisoner Review Board which specifically

26 authorizes expungement, he or she may, upon verified petition
SB2394 Enrolled  - 337 - LRB104 09208 AMC 19265 b

 1 to the Chief Judge of the circuit where the person had been
 2 convicted, any judge of the circuit designated by the Chief
 3 Judge, or in counties of less than 3,000,000 inhabitants, the
 4 presiding trial judge at the petitioner's trial, have a court
 5 order entered expunging the record of arrest from the official
 6 records of the arresting authority and order that the records
 7 of the circuit court clerk and the Illinois State Police be
 8 sealed until further order of the court upon good cause shown
 9 or as otherwise provided herein, and the name of the
10 petitioner obliterated from the official index requested to be
11 kept by the circuit court clerk under Section 16 of the Clerks
12 of Courts Act in connection with the arrest and conviction for
13 the offense for which he or she had been granted the
14 certificate but the order shall not affect any index issued by
15 the circuit court clerk before the entry of the order. All
16 records sealed by the Illinois State Police may be
17 disseminated by the Illinois State Police only as required by
18 this Act or to the arresting authority, a law enforcement
19 agency, the State's Attorney, and the court upon a later
20 arrest for the same or similar offense or for the purpose of
21 sentencing for any subsequent felony. Upon conviction for any
22 subsequent offense, the Department of Corrections shall have
23 access to all expunged records of the Illinois State Police
24 pertaining to that individual. Upon entry of the order of
25 expungement, the circuit court clerk shall promptly mail a
26 copy of the order to the person who was granted the certificate
    SB2394 Enrolled         - 338 - LRB104 09208 AMC 19265 b

1 of eligibility for expungement.

2   (f) Subject to available funding, the Illinois Department

3 of Corrections shall conduct a study of the impact of sealing,

4 especially on employment and recidivism rates, utilizing a

5 random sample of those who apply for the sealing of their

6 criminal records under Public Act 93-211. At the request of

7 the Illinois Department of Corrections, records of the

8 Illinois Department of Employment Security shall be utilized

9 as appropriate to assist in the study. The study shall not

10 disclose any data in a manner that would allow the

11 identification of any particular individual or employing unit.

12 The study shall be made available to the General Assembly no

13 later than September 1, 2010.

14  (g) Immediate Sealing.

15  (1) Applicability. Notwithstanding any other provision

16  of this Act to the contrary, and cumulative with any

17  rights to expungement or sealing of criminal records, this

18  subsection authorizes the immediate sealing of criminal

19  records of adults and of minors prosecuted as adults.

20  (2) Eligible Records. Arrests or charges not initiated

21  by arrest resulting in acquittal or dismissal with

22  prejudice, except as excluded by subsection (a)(3)(B),

23  that occur on or after January 1, 2018 (the effective date

24  of Public Act 100-282), may be sealed immediately if the

25  petition is filed with the circuit court clerk on the same

26  day and during the same hearing in which the case is
    SB2394 Enrolled  - 339 - LRB104 09208 AMC 19265 b

1   disposed.

2   (3) When Records are Eligible to be Immediately

3   Sealed. Eligible records under paragraph (2) of this

4   subsection (g) may be sealed immediately after entry of

5   the final disposition of a case, notwithstanding the

6   disposition of other charges in the same case.

7   (4) Notice of Eligibility for Immediate Sealing. Upon

8   entry of a disposition for an eligible record under this

9   subsection (g), the defendant shall be informed by the

10  court of his or her right to have eligible records

11  immediately sealed and the procedure for the immediate

12  sealing of these records.

13  (5) Procedure. The following procedures apply to

14  immediate sealing under this subsection (g).

15  (A) Filing the Petition. Upon entry of the final

16  disposition of the case, the defendant's attorney may

17  immediately petition the court, on behalf of the

18  defendant, for immediate sealing of eligible records

19  under paragraph (2) of this subsection (g) that are

20  entered on or after January 1, 2018 (the effective

21  date of Public Act 100-282). The immediate sealing

22  petition may be filed with the circuit court clerk

23  during the hearing in which the final disposition of

24  the case is entered. If the defendant's attorney does

25  not file the petition for immediate sealing during the

26  hearing, the defendant may file a petition for sealing
    SB2394 Enrolled     - 340 - LRB104 09208 AMC 19265 b

1   at any time as authorized under subsection (c)(3)(A).

2   (B) Contents of Petition. The immediate sealing

3   petition shall be verified and shall contain the

4   petitioner's name, date of birth, current address, and

5   for each eligible record, the case number, the date of

6   arrest if applicable, the identity of the arresting

7   authority if applicable, and other information as the

8   court may require.

9   (C) Drug Test. The petitioner shall not be

10  required to attach proof that he or she has passed a

11  drug test.

12  (D) Service of Petition. A copy of the petition

13  shall be served on the State's Attorney in open court.

14  The petitioner shall not be required to serve a copy of

15  the petition on any other agency.

16  (E) Entry of Order. The presiding trial judge

17  shall enter an order granting or denying the petition

18  for immediate sealing during the hearing in which it

19  is filed. Petitions for immediate sealing shall be

20  ruled on in the same hearing in which the final

21  disposition of the case is entered.

22  (F) Hearings. The court shall hear the petition

23  for immediate sealing on the same day and during the

24  same hearing in which the disposition is rendered.

25  (G) Service of Order. An order to immediately seal

26  eligible records shall be served in conformance with
    SB2394 Enrolled     - 341 - LRB104 09208 AMC 19265 b

1   subsection (d)(8).

2   (H) Implementation of Order. An order to

3   immediately seal records shall be implemented in

4   conformance with subsections (d)(9)(C) and (d)(9)(D).

5   (I) Fees. The fee imposed by the circuit court

6   clerk and the Illinois State Police shall comply with

7   paragraph (1) of subsection (d) of this Section.

8   (J) Final Order. No court order issued under this

9   subsection (g) shall become final for purposes of

10  appeal until 30 days after service of the order on the

11  petitioner and all parties entitled to service of the

12  order in conformance with subsection (d)(8).

13  (K) Motion to Vacate, Modify, or Reconsider. Under

14  Section 2-1203 of the Code of Civil Procedure, the

15  petitioner, State's Attorney, or the Illinois State

16  Police may file a motion to vacate, modify, or

17  reconsider the order denying the petition to

18  immediately seal within 60 days of service of the

19  order. If filed more than 60 days after service of the

20  order, a petition to vacate, modify, or reconsider

21  shall comply with subsection (c) of Section 2-1401 of

22  the Code of Civil Procedure.

23  (L) Effect of Order. An order granting an

24  immediate sealing petition shall not be considered

25  void because it fails to comply with the provisions of

26  this Section or because of an error asserted in a
    SB2394 Enrolled  - 342 - LRB104 09208 AMC 19265 b

1   motion to vacate, modify, or reconsider. The circuit

2   court retains jurisdiction to determine whether the

3   order is voidable, and to vacate, modify, or

4   reconsider its terms based on a motion filed under

5   subparagraph (L) of this subsection (g).

6   (M) Compliance with Order Granting Petition to

7   Seal Records. Unless a court has entered a stay of an

8   order granting a petition to immediately seal, all

9   parties entitled to service of the order must fully

10  comply with the terms of the order within 60 days of

11  service of the order.

12  (h) Sealing or vacation and expungement of trafficking

13 victims' crimes.

14  (1) A trafficking victim, as defined by paragraph (10)

15  of subsection (a) of Section 10-9 of the Criminal Code of

16  2012, may petition for vacation and expungement or

17  immediate sealing of his or her criminal record upon the

18  completion of his or her last sentence if his or her

19  participation in the underlying offense was a result of

20  human trafficking under Section 10-9 of the Criminal Code

21  of 2012 or a severe form of trafficking under the federal

22  Trafficking Victims Protection Act.

23  (1.5) A petition under paragraph (1) shall be

24  prepared, signed, and filed in accordance with Supreme

25  Court Rule 9. The court may allow the petitioner to attend

26  any required hearing remotely in accordance with local
    SB2394 Enrolled  - 343 - LRB104 09208 AMC 19265 b

1   rules. The court may allow a petition to be filed under

2   seal if the public filing of the petition would constitute

3   a risk of harm to the petitioner.

4   (2) A petitioner under this subsection (h), in

5   addition to the requirements provided under paragraph (4)

6   of subsection (d) of this Section, shall include in his or

7   her petition a clear and concise statement that: (A) he or

8   she was a victim of human trafficking at the time of the

9   offense; and (B) that his or her participation in the

10  offense was a result of human trafficking under Section

11  10-9 of the Criminal Code of 2012 or a severe form of

12  trafficking under the federal Trafficking Victims

13  Protection Act.

14  (3) If an objection is filed alleging that the

15  petitioner is not entitled to vacation and expungement or

16  immediate sealing under this subsection (h), the court

17  shall conduct a hearing under paragraph (7) of subsection

18  (d) of this Section and the court shall determine whether

19  the petitioner is entitled to vacation and expungement or

20  immediate sealing under this subsection (h). A petitioner

21  is eligible for vacation and expungement or immediate

22  relief under this subsection (h) if he or she shows, by a

23  preponderance of the evidence, that: (A) he or she was a

24  victim of human trafficking at the time of the offense;

25  and (B) that his or her participation in the offense was a

26  result of human trafficking under Section 10-9 of the
    SB2394 Enrolled  - 344 - LRB104 09208 AMC 19265 b

1   Criminal Code of 2012 or a severe form of trafficking

2   under the federal Trafficking Victims Protection Act.

3   (i) Minor Cannabis Offenses under the Cannabis Control

4 Act.

5       (1) Expungement of Arrest Records of Minor Cannabis

6   Offenses.

7       (A) The Illinois State Police and all law

8       enforcement agencies within the State shall

9       automatically expunge all criminal history records of

10      an arrest, charge not initiated by arrest, order of

11      supervision, or order of qualified probation for a

12      Minor Cannabis Offense committed prior to June 25,

13      2019 (the effective date of Public Act 101-27) if:

14                   (i) One year or more has elapsed since the

15      date of the arrest or law enforcement interaction

16      documented in the records; and

17                   (ii) No criminal charges were filed relating

18      to the arrest or law enforcement interaction or

19      criminal charges were filed and subsequently

20      dismissed or vacated or the arrestee was

21      acquitted.

22      (B) If the law enforcement agency is unable to

23      verify satisfaction of condition (ii) in paragraph

24      (A), records that satisfy condition (i) in paragraph

25      (A) shall be automatically expunged.

26      (C) Records shall be expunged by the law
    SB2394 Enrolled  - 345 - LRB104 09208 AMC 19265 b

1   enforcement agency under the following timelines:

2                    (i) Records created prior to June 25, 2019

3   (the effective date of Public Act 101-27), but on

4   or after January 1, 2013, shall be automatically

5   expunged prior to January 1, 2021;

6                    (ii) Records created prior to January 1, 2013,

7   but on or after January 1, 2000, shall be

8   automatically expunged prior to January 1, 2023;

9                    (iii) Records created prior to January 1, 2000

10  shall be automatically expunged prior to January

11  1, 2025.

12  In response to an inquiry for expunged records,

13  the law enforcement agency receiving such inquiry

14  shall reply as it does in response to inquiries when no

15  records ever existed; however, it shall provide a

16  certificate of disposition or confirmation that the

17  record was expunged to the individual whose record was

18  expunged if such a record exists.

19  (D) Nothing in this Section shall be construed to

20  restrict or modify an individual's right to have that

21  individual's records expunged except as otherwise may

22  be provided in this Act, or diminish or abrogate any

23  rights or remedies otherwise available to the

24  individual.

25  (2) Pardons Authorizing Expungement of Minor Cannabis

26  Offenses.
    SB2394 Enrolled      - 346 - LRB104 09208 AMC 19265 b

1   (A) Upon June 25, 2019 (the effective date of

2   Public Act 101-27), the Department of State Police

3   shall review all criminal history record information

4   and identify all records that meet all of the

5   following criteria:

6                    (i) one or more convictions for a Minor

7   Cannabis Offense;

8                    (ii) the conviction identified in paragraph

9   (2)(A)(i) did not include a penalty enhancement

10  under Section 7 of the Cannabis Control Act; and

11                   (iii) the conviction identified in paragraph

12  (2)(A)(i) is not associated with a conviction for

13  a violent crime as defined in subsection (c) of

14  Section 3 of the Rights of Crime Victims and

15  Witnesses Act.

16  (B) Within 180 days after June 25, 2019 (the

17  effective date of Public Act 101-27), the Department

18  of State Police shall notify the Prisoner Review Board

19  of all such records that meet the criteria established

20  in paragraph (2)(A).

21                   (i) The Prisoner Review Board shall notify the

22  State's Attorney of the county of conviction of

23  each record identified by State Police in

24  paragraph (2)(A) that is classified as a Class 4

25  felony. The State's Attorney may provide a written

26  objection to the Prisoner Review Board on the sole
    SB2394 Enrolled  - 347 - LRB104 09208 AMC 19265 b

1   basis that the record identified does not meet the

2   criteria established in paragraph (2)(A). Such an

3   objection must be filed within 60 days or by such

4   later date set by the Prisoner Review Board in the

5   notice after the State's Attorney received notice

6   from the Prisoner Review Board.

7                    (ii) In response to a written objection from a

8   State's Attorney, the Prisoner Review Board is

9   authorized to conduct a non-public hearing to

10  evaluate the information provided in the

11  objection.

12                   (iii) The Prisoner Review Board shall make a

13  confidential and privileged recommendation to the

14  Governor as to whether to grant a pardon

15  authorizing expungement for each of the records

16  identified by the Department of State Police as

17  described in paragraph (2)(A).

18  (C) If an individual has been granted a pardon

19  authorizing expungement as described in this Section,

20  the Prisoner Review Board, through the Attorney

21  General, shall file a petition for expungement with

22  the Chief Judge of the circuit or any judge of the

23  circuit designated by the Chief Judge where the

24  individual had been convicted. Such petition may

25  include more than one individual. Whenever an

26  individual who has been convicted of an offense is
    SB2394 Enrolled  - 348 - LRB104 09208 AMC 19265 b

1   granted a pardon by the Governor that specifically

2   authorizes expungement, an objection to the petition

3   may not be filed. Petitions to expunge under this

4   subsection (i) may include more than one individual.

5   Within 90 days of the filing of such a petition, the

6   court shall enter an order expunging the records of

7   arrest from the official records of the arresting

8   authority and order that the records of the circuit

9   court clerk and the Illinois State Police be expunged

10  and the name of the defendant obliterated from the

11  official index requested to be kept by the circuit

12  court clerk under Section 16 of the Clerks of Courts

13  Act in connection with the arrest and conviction for

14  the offense for which the individual had received a

15  pardon but the order shall not affect any index issued

16  by the circuit court clerk before the entry of the

17  order. Upon entry of the order of expungement, the

18  circuit court clerk shall promptly provide a copy of

19  the order and a certificate of disposition to the

20  individual who was pardoned to the individual's last

21  known address or by electronic means (if available) or

22  otherwise make it available to the individual upon

23  request.

24  (D) Nothing in this Section is intended to

25  diminish or abrogate any rights or remedies otherwise

26  available to the individual.
    SB2394 Enrolled  - 349 - LRB104 09208 AMC 19265 b

1   (3) Any individual may file a motion to vacate and

2   expunge a conviction for a misdemeanor or Class 4 felony

3   violation of Section 4 or Section 5 of the Cannabis

4   Control Act. Motions to vacate and expunge under this

5   subsection (i) may be filed with the circuit court, Chief

6   Judge of a judicial circuit or any judge of the circuit

7   designated by the Chief Judge. The circuit court clerk

8   shall promptly serve a copy of the motion to vacate and

9   expunge, and any supporting documentation, on the State's

10  Attorney or prosecutor charged with the duty of

11  prosecuting the offense. When considering such a motion to

12  vacate and expunge, a court shall consider the following:

13  the reasons to retain the records provided by law

14  enforcement, the petitioner's age, the petitioner's age at

15  the time of offense, the time since the conviction, and

16  the specific adverse consequences if denied. An individual

17  may file such a petition after the completion of any

18  non-financial sentence or non-financial condition imposed

19  by the conviction. Within 60 days of the filing of such

20  motion, a State's Attorney may file an objection to such a

21  petition along with supporting evidence. If a motion to

22  vacate and expunge is granted, the records shall be

23  expunged in accordance with subparagraphs (d)(8) and

24  (d)(9)(A) of this Section. An agency providing civil legal

25  aid, as defined by Section 15 of the Public Interest

26  Attorney Assistance Act, assisting individuals seeking to
    SB2394 Enrolled  - 350 - LRB104 09208 AMC 19265 b

1   file a motion to vacate and expunge under this subsection

2   may file motions to vacate and expunge with the Chief

3   Judge of a judicial circuit or any judge of the circuit

4   designated by the Chief Judge, and the motion may include

5   more than one individual. Motions filed by an agency

6   providing civil legal aid concerning more than one

7   individual may be prepared, presented, and signed

8   electronically.

9   (4) Any State's Attorney may file a motion to vacate

10  and expunge a conviction for a misdemeanor or Class 4

11  felony violation of Section 4 or Section 5 of the Cannabis

12  Control Act. Motions to vacate and expunge under this

13  subsection (i) may be filed with the circuit court, Chief

14  Judge of a judicial circuit or any judge of the circuit

15  designated by the Chief Judge, and may include more than

16  one individual. Motions filed by a State's Attorney

17  concerning more than one individual may be prepared,

18  presented, and signed electronically. When considering

19  such a motion to vacate and expunge, a court shall

20  consider the following: the reasons to retain the records

21  provided by law enforcement, the individual's age, the

22  individual's age at the time of offense, the time since

23  the conviction, and the specific adverse consequences if

24  denied. Upon entry of an order granting a motion to vacate

25  and expunge records pursuant to this Section, the State's

26  Attorney shall notify the Prisoner Review Board within 30
    SB2394 Enrolled  - 351 - LRB104 09208 AMC 19265 b

1   days. Upon entry of the order of expungement, the circuit

2   court clerk shall promptly provide a copy of the order and

3   a certificate of disposition to the individual whose

4   records will be expunged to the individual's last known

5   address or by electronic means (if available) or otherwise

6   make available to the individual upon request. If a motion

7   to vacate and expunge is granted, the records shall be

8   expunged in accordance with subparagraphs (d)(8) and

9   (d)(9)(A) of this Section.

10  (5) In the public interest, the State's Attorney of a

11  county has standing to file motions to vacate and expunge

12  pursuant to this Section in the circuit court with

13  jurisdiction over the underlying conviction.

14  (6) If a person is arrested for a Minor Cannabis

15  Offense as defined in this Section before June 25, 2019

16  (the effective date of Public Act 101-27) and the person's

17  case is still pending but a sentence has not been imposed,

18  the person may petition the court in which the charges are

19  pending for an order to summarily dismiss those charges

20  against him or her, and expunge all official records of

21  his or her arrest, plea, trial, conviction, incarceration,

22  supervision, or expungement. If the court determines, upon

23  review, that: (A) the person was arrested before June 25,

24  2019 (the effective date of Public Act 101-27) for an

25  offense that has been made eligible for expungement; (B)

26  the case is pending at the time; and (C) the person has not
    SB2394 Enrolled  - 352 - LRB104 09208 AMC 19265 b

1   been sentenced of the minor cannabis violation eligible

2   for expungement under this subsection, the court shall

3   consider the following: the reasons to retain the records

4   provided by law enforcement, the petitioner's age, the

5   petitioner's age at the time of offense, the time since

6   the conviction, and the specific adverse consequences if

7   denied. If a motion to dismiss and expunge is granted, the

8   records shall be expunged in accordance with subparagraph

9   (d)(9)(A) of this Section.

10  (7) A person imprisoned solely as a result of one or

11  more convictions for Minor Cannabis Offenses under this

12  subsection (i) shall be released from incarceration upon

13  the issuance of an order under this subsection.

14  (8) The Illinois State Police shall allow a person to

15  use the access and review process, established in the

16  Illinois State Police, for verifying that his or her

17  records relating to Minor Cannabis Offenses of the

18  Cannabis Control Act eligible under this Section have been

19  expunged.

20  (9) No conviction vacated pursuant to this Section

21  shall serve as the basis for damages for time unjustly

22  served as provided in the Court of Claims Act.

23  (10) Effect of Expungement. A person's right to

24  expunge an expungeable offense shall not be limited under

25  this Section. The effect of an order of expungement shall

26  be to restore the person to the status he or she occupied
    SB2394 Enrolled   - 353 - LRB104 09208 AMC 19265 b

1   before the arrest, charge, or conviction.

2   (11) Information. The Illinois State Police shall post

3   general information on its website about the expungement

4   process described in this subsection (i).

5   (j) Felony Prostitution Convictions.

6   (1) Any individual may file a motion to vacate and

7   expunge a conviction for a prior Class 4 felony violation

8   of prostitution. Motions to vacate and expunge under this

9   subsection (j) may be filed with the circuit court, Chief

10  Judge of a judicial circuit, or any judge of the circuit

11  designated by the Chief Judge. When considering the motion

12  to vacate and expunge, a court shall consider the

13  following:

14       (A) the reasons to retain the records provided by

15  law enforcement;

16       (B) the petitioner's age;

17       (C) the petitioner's age at the time of offense;

18  and

19       (D) the time since the conviction, and the

20  specific adverse consequences if denied. An individual

21  may file the petition after the completion of any

22  sentence or condition imposed by the conviction.

23  Within 60 days of the filing of the motion, a State's

24  Attorney may file an objection to the petition along

25  with supporting evidence. If a motion to vacate and

26  expunge is granted, the records shall be expunged in
    SB2394 Enrolled   - 354 - LRB104 09208 AMC 19265 b

1   accordance with subparagraph (d)(9)(A) of this

2   Section. An agency providing civil legal aid, as

3   defined in Section 15 of the Public Interest Attorney

4   Assistance Act, assisting individuals seeking to file

5   a motion to vacate and expunge under this subsection

6   may file motions to vacate and expunge with the Chief

7   Judge of a judicial circuit or any judge of the circuit

8   designated by the Chief Judge, and the motion may

9   include more than one individual.

10  (2) Any State's Attorney may file a motion to vacate

11  and expunge a conviction for a Class 4 felony violation of

12  prostitution. Motions to vacate and expunge under this

13  subsection (j) may be filed with the circuit court, Chief

14  Judge of a judicial circuit, or any judge of the circuit

15  court designated by the Chief Judge, and may include more

16  than one individual. When considering the motion to vacate

17  and expunge, a court shall consider the following reasons:

18  (A) the reasons to retain the records provided by

19  law enforcement;

20  (B) the petitioner's age;

21  (C) the petitioner's age at the time of offense;

22  (D) the time since the conviction; and

23  (E) the specific adverse consequences if denied.

24  If the State's Attorney files a motion to vacate and

25  expunge records for felony prostitution convictions

26  pursuant to this Section, the State's Attorney shall
    SB2394 Enrolled  - 355 - LRB104 09208 AMC 19265 b

1   notify the Prisoner Review Board within 30 days of the

2   filing. If a motion to vacate and expunge is granted, the

3   records shall be expunged in accordance with subparagraph

4   (d)(9)(A) of this Section.

5   (3) In the public interest, the State's Attorney of a

6   county has standing to file motions to vacate and expunge

7   pursuant to this Section in the circuit court with

8   jurisdiction over the underlying conviction.

9   (4) The Illinois State Police shall allow a person to

10  a use the access and review process, established in the

11  Illinois State Police, for verifying that his or her

12  records relating to felony prostitution eligible under

13  this Section have been expunged.

14  (5) No conviction vacated pursuant to this Section

15  shall serve as the basis for damages for time unjustly

16  served as provided in the Court of Claims Act.

17  (6) Effect of Expungement. A person's right to expunge

18  an expungeable offense shall not be limited under this

19  Section. The effect of an order of expungement shall be to

20  restore the person to the status he or she occupied before

21  the arrest, charge, or conviction.

22  (7) Information. The Illinois State Police shall post

23  general information on its website about the expungement

24  process described in this subsection (j).

25 (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;

26 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
    SB2394 Enrolled  - 356 - LRB104 09208 AMC 19265 b

1 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23; 103-609,
2 eff. 7-1-24; 103-755, eff. 8-2-24; revised 8-9-24.)

3   Section 160. The Department of Transportation Law of the

4 Civil Administrative Code of Illinois is amended by changing

5 Section 2705-440 as follows:

6   (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)

7   Sec. 2705-440. Intercity Rail Service.

8   (a) For the purposes of providing intercity railroad

9 passenger service within this State and throughout the United

10 States, the Department is authorized to enter into agreements

11 with any state, state agency, unit units of local government

12 or political subdivision subdivisions, the Commuter Rail

13 Division of the Regional Transportation Authority (or a public

14 corporation on behalf of that Division), architecture or

15 engineering firm firms, the National Railroad Passenger

16 Corporation, any carrier, or any individual, corporation,

17 partnership, or public or private entity. The cost related to

18 such services shall be borne in such proportion as, by

19 agreement or contract the parties may desire.

20  (b) In providing any intercity railroad passenger service

21 as provided in this Section, the Department shall have the

22 following additional powers:

23  (1) to enter into trackage use agreements with rail

24  carriers;
    SB2394 Enrolled          - 357 - LRB104 09208 AMC 19265 b

1   (1.5) to freely lease or otherwise contract for any

2   purpose any of the locomotives, passenger railcars, and

3   other rolling stock equipment or accessions to any state

4   or state agency, public or private entity, or quasi-public

5   entities;

6   (2) to enter into haulage agreements with rail

7   carriers;

8   (3) to lease or otherwise contract for use,

9   maintenance, servicing, and repair of any needed

10  locomotives, rolling stock, stations, or other facilities,

11  the lease or contract having a term not to exceed 50 years

12  (but any multi-year contract shall recite that the

13  contract is subject to termination and cancellation,

14  without any penalty, acceleration payment, or other

15  recoupment mechanism, in any fiscal year for which the

16  General Assembly fails to make an adequate appropriation

17  to cover the contract obligation);

18  (4) to enter into management agreements;

19  (5) to include in any contract indemnification of

20  carriers or other parties for any liability with regard to

21  intercity railroad passenger service;

22  (6) to obtain insurance for any losses or claims with

23  respect to the service;

24  (7) to promote the use of the service;

25  (8) to make grants to any body politic and corporate,

26  any unit of local government, or the Commuter Rail
    SB2394 Enrolled          - 358 - LRB104 09208 AMC 19265 b

1   Division of the Regional Transportation Authority to cover

2   all or any part of any capital or operating costs of the

3   service and to enter into agreements with respect to those

4   grants;

5   (9) to set any fares or make other regulations with

6   respect to the service, consistent with any contracts for

7   the service; and

8   (10) to otherwise enter into any contracts necessary

9   or convenient to provide rail services, operate or

10  maintain locomotives, passenger railcars, and other

11  rolling stock equipment or accessions, including the lease

12  or use of such locomotives, railcars, equipment, or

13  accessions.

14  (c) All service provided under this Section shall be

15 exempt from all regulations by the Illinois Commerce

16 Commission (other than for safety matters). To the extent the

17 service is provided by the Commuter Rail Division of the

18 Regional Transportation Authority (or a public corporation on

19 behalf of that Division), it shall be exempt from safety

20 regulations of the Illinois Commerce Commission to the extent

21 the Commuter Rail Division adopts its own safety regulations.

22  (d) In connection with any powers exercised under this

23 Section, the Department

24  (1) shall not have the power of eminent domain; and

25  (2) shall not directly operate any railroad service

26  with its own employees.
    SB2394 Enrolled  - 359 - LRB104 09208 AMC 19265 b

1   (e) Any contract with the Commuter Rail Division of the

2 Regional Transportation Authority (or a public corporation on

3 behalf of the Division) under this Section shall provide that

4 all costs in excess of revenue received by the Division

5 generated from intercity rail service provided by the Division

6 shall be fully borne by the Department, and no funds for

7 operation of commuter rail service shall be used, directly or

8 indirectly, or for any period of time, to subsidize the

9 intercity rail operation. If at any time the Division does not

10 have sufficient funds available to satisfy the requirements of

11 this Section, the Division shall forthwith terminate the

12 operation of intercity rail service. The payments made by the

13 Department to the Division for the intercity rail passenger

14 service shall not be made in excess of those costs or as a

15 subsidy for costs of commuter rail operations. This shall not

16 prevent the contract from providing for efficient coordination

17 of service and facilities to promote cost effective operations

18 of both intercity rail passenger service and commuter rail

19 services with cost allocations as provided in this paragraph.

20  (f) Whenever the Department enters into an agreement with

21 any carrier for the Department's payment of such railroad

22 required maintenance expenses necessary for intercity

23 passenger service, the Department may deposit such required

24 maintenance funds into an escrow account. Whenever the

25 Department enters into an agreement with any State or State

26 agency, any public or private entity or quasi-public entity
SB2394 Enrolled  - 360 - LRB104 09208 AMC 19265 b

 1 for the lease, rental or use of locomotives, passenger
 2 railcars, and other rolling stock equipment or accessions, the
 3 Department may deposit such receipts into a separate escrow
 4 account. For purposes of this subsection, "escrow account" an
 5 escrow account means any fiduciary account established with
 6 (i) any banking corporation which is both organized under the
 7 Illinois Banking Act and authorized to accept and administer
 8 trusts in this State, or (ii) any national banking association
 9 which has its principal place of business in this State and
10 which also is authorized to accept and administer trusts in
11 this State. The funds in any required maintenance escrow
12 account may be withdrawn by the carrier or entity in control of
13 the railroad being maintained, only with the consent of the
14 Department, pursuant to a written maintenance agreement and
15 pursuant to a maintenance plan that shall be updated each
16 year. The funds in an escrow account holding lease payments,
17 use fees, or rental payments may be withdrawn by the
18 Department, only with the consent of the Midwest Fleet Pool
19 Board and deposited into the High-Speed Rail Rolling Stock
20 Fund. The moneys deposited in the escrow accounts shall be
21 invested and reinvested, pursuant to the direction of the
22 Department, in bonds and other interest bearing obligations of
23 this State, or in such accounts, certificates, bills,
24 obligations, shares, pools, or other securities as are
25 authorized for the investment of public funds under the Public
26 Funds Investment Act. Escrow accounts created under this
    SB2394 Enrolled  - 361 - LRB104 09208 AMC 19265 b

1 subsection shall not have terms that exceed 20 years. At the

2 end of the term of an escrow account holding lease payments,

3 use fees, or rental payments, the remaining balance shall be

4 deposited in the High-Speed Rail Rolling Stock Fund, a special

5 fund that is created in the State treasury Treasury. Moneys in

6 the High-Speed Rail Rolling Stock Fund may be used for any

7 purpose related to locomotives, passenger railcars, and other

8 rolling stock equipment. The Department shall prepare a report

9 for presentation to the Comptroller and the Treasurer each

10 year that shows the amounts deposited and withdrawn, the

11 purposes for withdrawal, the balance, and the amounts derived

12 from investment.

13  (g) Whenever the Department enters into an agreement with

14 any carrier, State or State agency, any public or private

15 entity, or quasi-public entity for costs related to

16 procurement and maintenance of locomotives, passenger

17 railcars, and other rolling stock equipment or accessions, the

18 Department shall deposit such receipts into the High-Speed

19 Rail Rolling Stock Fund. Additionally, the Department may make

20 payments into the High-Speed Rail Rolling Stock Fund for the

21 State's share of the costs related to locomotives, passenger

22 railcars, and other rolling stock equipment.

23 (Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)

24  Section 165. The Department of Veterans' Affairs Act is

25 amended by changing Section 40 as follows:
    SB2394 Enrolled    - 362 - LRB104 09208 AMC 19265 b

1   (20 ILCS 2805/40)

2   Sec. 40. Notice of veterans and service members' benefits,

3 services, and protections. The Department shall create, and

4 the Department of Labor shall make available, at no cost, a

5 veterans and service members' benefits, services, and

6 protections poster. Such a poster shall include, but not be

7 limited to, information regarding the following:

8   (1) Free veterans' benefits and services provided by

9   the Illinois Department of Veterans' Veterans Affairs and

10  other veterans service organizations;

11  (2) Tax benefits;

12  (3) Illinois veteran driver's license and non-driver

13  veteran identification card;

14  (4) Illinois protections for survivors of sexual

15  violence in the military; and

16  (5) Contact information for the following:

17  (i) The United States Department of Veterans

18  Affairs;

19  (ii) The Illinois Department of Veterans' Veterans

20  Affairs; and

21  (iii) The Veterans Crisis Line.

22 (Source: P.A. 103-828, eff. 1-1-25; revised 12-1-24.)

23  Section 170. The Governor's Office of Management and

24 Budget Act is amended by changing Section 2.14 as follows:
   SB2394 Enrolled      - 363 - LRB104 09208 AMC 19265 b

1  (20 ILCS 3005/2.14)

2  Sec. 2.14. Annual Comprehensive Financial Report Internal

3 Control Unit. As used in this Section,: "ACFR" means the State

4 Annual Comprehensive Financial Report.

5  There is created within the Governor's Office of

6 Management and Budget an ACFR Internal Control Unit, which

7 shall advise and assist the Director in coordinating the audit

8 of the State Annual Comprehensive Financial Report on behalf

9 of the Governor. The ACFR Internal Control Unit may develop

10 policies, plans, and programs to be used by the Office for the

11 coordination of the financial audit and may advise and assist

12 State agencies, as defined in the Illinois State Auditing Act

13 and under the jurisdiction of the Governor, in improving

14 internal controls related to the State's financial statements

15 and reporting. The ACFR Internal Control Unit is authorized to

16 direct State agencies under the jurisdiction of the Governor

17 in the adoption of internal control procedures and

18 documentation necessary to address internal control

19 deficiencies or resolve ACFR audit findings, and to direct

20 implementation of such corrective actions. Each State agency

21 under the jurisdiction of the Governor shall furnish to the

22 Office such information as the Office may from time to time

23 require, and the Director or any duly authorized employee of

24 the Office shall for the purpose of securing such information,

25 have access to, and the right to examine and receive a copy of
    SB2394 Enrolled         - 364 - LRB104 09208 AMC 19265 b

1 all documents, papers, reports, or records of any State agency
2 under the jurisdiction of the Governor to assist in carrying
3 out the Office's responsibilities under this Section.
4 (Source: P.A. 103-866, eff. 8-9-24; revised 10-21-24.)

5   Section 175. The Capital Development Board Act is amended

6 by changing Section 10.09-1 as follows:

7   (20 ILCS 3105/10.09-1)

8   Sec. 10.09-1. Certification of inspection.

9   (a) No person may occupy a newly constructed commercial

10 building or a substantially improved commercial building in a

11 non-building code jurisdiction until:

12  (1) The property owner or property owner's agent has

13  first contracted for the inspection of the building by an

14  inspector who meets the qualifications established by the

15  Board; and

16  (2) The qualified inspector files a certification of

17  inspection with the municipality or county having such

18  jurisdiction over the property indicating that the

19  building complies with all of the following:

20  (A) to the extent they do not conflict with the

21  codes and rules listed in subparagraphs (C) through

22  (F), the current edition or most recent preceding

23  edition of the following codes published by the

24  International Code Council:
    SB2394 Enrolled  - 365 - LRB104 09208 AMC 19265 b

1                    (i) the International Building Code, including

2   Appendix G and excluding Chapters 11, 13, and 29;

3                    (ii) the International Existing Building Code;

4   (B) to the extent it does not conflict with the

5   codes and rules listed in subparagraphs (C) through

6   (F), the current edition or most recent preceding

7   edition of the National Electrical Code published by

8   the National Fire Protection Association;

9   (C) either:

10                   (i) The Energy Efficient Building Code adopted

11  under Section 15 of the Energy Efficient Building

12  Act; or

13                   (ii) The Illinois Stretch Energy Code adopted

14  under Section 55 of the Energy Efficient Building

15  Act;

16  (D) the Illinois Accessibility Code adopted under

17  Section 4 of the Environmental Barriers Act;

18  (E) the Illinois Plumbing Code adopted under

19  Section 35 of the Illinois Plumbing License Law; and

20  (F) the rules adopted in accordance with Section 9

21  of the Fire Investigation Act.

22  (3) Once a building permit is issued, the applicable

23 requirements that are in effect on January 1 of the calendar

24 year when the building permit was applied for, or, where a

25 building permit is not required, on January 1 of the calendar

26 year when construction begins, shall be the only requirements
    SB2394 Enrolled  - 366 - LRB104 09208 AMC 19265 b

1 that apply for the duration of the building permit or

2 construction.

3   (b) (Blank).

4   (c) The qualification requirements of this Section do not

5 apply to building enforcement personnel employed by a

6 municipality or county who are acting in their official

7 capacity.

8   (d) For purposes of this Section:

9   "Commercial building" means any building other than: (i) a

10 single-family home or a dwelling containing 2 or fewer

11 apartments, condominiums, or townhouses; or (ii) a farm

12 building as exempted from Section 3 of the Illinois

13 Architecture Practice Act of 1989.

14  "Newly constructed commercial building" means any

15 commercial building for which original construction has

16 commenced on or after July 1, 2011.

17  "Non-building code jurisdiction" means any area of the

18 State in a municipality or county having jurisdiction that:

19 (i) has not adopted a building code; or (ii) is required to but

20 has not identified its adopted building code to the Board

21 under Section 10.18 of the Capital Development Board Act.

22  "Qualified inspector" means an individual certified as a

23 commercial building inspector by the International Code

24 Council or an equivalent nationally recognized building

25 inspector certification organization, qualified as a

26 construction and building inspector by successful completion
    SB2394 Enrolled    - 367 - LRB104 09208 AMC 19265 b

1 of an apprentice program certified by the United States

2 Department of Labor, or who has filed verification of

3 inspection experience according to rules adopted by the Board

4 for the purposes of conducting inspections in non-building

5 code jurisdictions.

6   "Substantial damage" means damage of any origin sustained

7 by a structure whereby the cost of restoring the structure to

8 its before-damaged condition would equal or exceed 50% of the

9 market value of the structure before damage occurred.

10  "Substantially improved commercial building" means, for

11 work commenced on or after January 1, 2025, any commercial

12 building that has undergone any repair, reconstruction,

13 rehabilitation, alteration, addition, or other improvement,

14 the cost of which equals or exceeds 50% of the market value of

15 the structure before the improvement or repair is started. If

16 a commercial building has sustained substantial damage, any

17 repairs are considered substantial improvement regardless of

18 the actual repair work performed. "Substantially improved

19 commercial building" does not include: (i) any project for

20 improvement of a structure to correct existing violations of

21 State or local health, sanitary, or safety code specifications

22 which have been identified by the local code enforcement

23 official and which are the minimum necessary to assure safe

24 living conditions or (ii) any alteration of a historic

25 structure, provided that the alteration will not preclude the

26 structure's continued designation as a historic structure.
    SB2394 Enrolled      - 368 - LRB104 09208 AMC 19265 b

1   (e) Except as provided in Section 15 of the Illinois

2 Residential Building Code Act, new residential construction is

3 exempt from this Section and is defined as any original

4 construction of a single-family home or a dwelling containing

5 2 or fewer apartments, condominiums, or townhouses.

6   (f) Local governments may establish agreements with other

7 governmental entities within the State to issue permits and

8 enforce building codes and may hire third-party providers that

9 are qualified in accordance with this Section to provide

10 inspection services.

11  (g) This Section does not limit the applicability of any

12 other statutorily authorized code or regulation administered

13 by State agencies. These include, without limitation, the

14 codes and regulations listed in subparagraphs (C) through (F)

15 of paragraph (2) of subsection (a).

16  (h) The changes to this Section made by Public Act 103-510

17 this amendatory Act of the 103rd General Assembly shall apply

18 beginning on January 1, 2025.

19 (Source: P.A. 102-558, eff. 8-20-21; 103-510, eff. 1-1-24;

20 revised 7-24-24.)

21  Section 180. The Illinois Emergency Management Agency Act

22 is amended by changing Section 5 as follows:

23  (20 ILCS 3305/5) (from Ch. 127, par. 1055)

24  Sec. 5. Illinois Emergency Management Agency.
    SB2394 Enrolled        - 369 - LRB104 09208 AMC 19265 b

1   (a) There is created within the executive branch of the

2 State Government an Illinois Emergency Management Agency and a

3 Director of the Illinois Emergency Management Agency, herein

4 called the "Director" who shall be the head thereof. The

5 Director shall be appointed by the Governor, with the advice

6 and consent of the Senate, and shall serve for a term of 2

7 years beginning on the third Monday in January of the

8 odd-numbered year, and until a successor is appointed and has

9 qualified; except that the term of the first Director

10 appointed under this Act shall expire on the third Monday in

11 January, 1989. The Director shall not hold any other

12 remunerative public office. For terms beginning after January

13 18, 2019 (the effective date of Public Act 100-1179) and

14 before January 16, 2023, the annual salary of the Director

15 shall be as provided in Section 5-300 of the Civil

16 Administrative Code of Illinois. Notwithstanding any other

17 provision of law, for terms beginning on or after January 16,

18 2023, the Director shall receive an annual salary of $180,000

19 or as set by the Governor, whichever is higher. On July 1,

20 2023, and on each July 1 thereafter, the Director shall

21 receive an increase in salary based on a cost of living

22 adjustment as authorized by Senate Joint Resolution 192 of the

23 86th General Assembly.

24  For terms beginning on or after January 16, 2023, the

25 Assistant Director of the Illinois Emergency Management Agency

26 shall receive an annual salary of $156,600 or as set by the
    SB2394 Enrolled     - 370 - LRB104 09208 AMC 19265 b

1 Governor, whichever is higher. On July 1, 2023, and on each

2 July 1 thereafter, the Assistant Director shall receive an

3 increase in salary based on a cost of living adjustment as

4 authorized by Senate Joint Resolution 192 of the 86th General

5 Assembly.

6   (b) The Illinois Emergency Management Agency shall obtain,

7 under the provisions of the Personnel Code, technical,

8 clerical, stenographic and other administrative personnel, and

9 may make expenditures within the appropriation therefor as may

10 be necessary to carry out the purpose of this Act. The agency

11 created by this Act is intended to be a successor to the agency

12 created under the Illinois Emergency Services and Disaster

13 Agency Act of 1975 and the personnel, equipment, records, and

14 appropriations of that agency are transferred to the successor

15 agency as of June 30, 1988 (the effective date of this Act).

16  (c) The Director, subject to the direction and control of

17 the Governor, shall be the executive head of the Illinois

18 Emergency Management Agency and the State Emergency Response

19 Commission and shall be responsible under the direction of the

20 Governor, for carrying out the program for emergency

21 management of this State. The Director shall also maintain

22 liaison and cooperate with the emergency management

23 organizations of this State and other states and of the

24 federal government.

25  (d) The Illinois Emergency Management Agency shall take an

26 integral part in the development and revision of political
    SB2394 Enrolled        - 371 - LRB104 09208 AMC 19265 b

1 subdivision emergency operations plans prepared under

2 paragraph (f) of Section 10. To this end it shall employ or

3 otherwise secure the services of professional and technical

4 personnel capable of providing expert assistance to the

5 emergency services and disaster agencies. These personnel

6 shall consult with emergency services and disaster agencies on

7 a regular basis and shall make field examinations of the

8 areas, circumstances, and conditions that particular political

9 subdivision emergency operations plans are intended to apply.

10  (e) The Illinois Emergency Management Agency and political

11 subdivisions shall be encouraged to form an emergency

12 management advisory committee composed of private and public

13 personnel representing the emergency management phases of

14 mitigation, preparedness, response, and recovery. The Local

15 Emergency Planning Committee, as created under the Illinois

16 Emergency Planning and Community Right to Know Act, shall

17 serve as an advisory committee to the emergency services and

18 disaster agency or agencies serving within the boundaries of

19 that Local Emergency Planning Committee planning district for:

20  (1) the development of emergency operations plan

21  provisions for hazardous chemical emergencies; and

22  (2) the assessment of emergency response capabilities

23  related to hazardous chemical emergencies.

24  (f) The Illinois Emergency Management Agency shall:

25  (1) Coordinate the overall emergency management

26  program of the State.
    SB2394 Enrolled      - 372 - LRB104 09208 AMC 19265 b

1   (2) Cooperate with local governments, the federal

2   government, and any public or private agency or entity in

3   achieving any purpose of this Act and in implementing

4   emergency management programs for mitigation,

5   preparedness, response, and recovery.

6   (2.5) Develop a comprehensive emergency preparedness

7   and response plan for any nuclear accident in accordance

8   with Section 65 of the Nuclear Safety Law of 2004 and in

9   development of the Illinois Nuclear Safety Preparedness

10  program in accordance with Section 8 of the Illinois

11  Nuclear Safety Preparedness Act.

12  (2.6) Coordinate with the Department of Public Health

13  with respect to planning for and responding to public

14  health emergencies.

15  (3) Prepare, for issuance by the Governor, executive

16  orders, proclamations, and regulations as necessary or

17  appropriate in coping with disasters.

18  (4) Promulgate rules and requirements for political

19  subdivision emergency operations plans that are not

20  inconsistent with and are at least as stringent as

21  applicable federal laws and regulations.

22  (5) Review and approve, in accordance with Illinois

23  Emergency Management Agency rules, emergency operations

24  plans for those political subdivisions required to have an

25  emergency services and disaster agency pursuant to this

26  Act.
    SB2394 Enrolled    - 373 - LRB104 09208 AMC 19265 b

1   (5.5) Promulgate rules and requirements for the

2   political subdivision emergency management exercises,

3   including, but not limited to, exercises of the emergency

4   operations plans.

5   (5.10) Review, evaluate, and approve, in accordance

6   with Illinois Emergency Management Agency rules, political

7   subdivision emergency management exercises for those

8   political subdivisions required to have an emergency

9   services and disaster agency pursuant to this Act.

10  (6) Determine requirements of the State and its

11  political subdivisions for food, clothing, and other

12  necessities in event of a disaster.

13  (7) Establish a register of persons with types of

14  emergency management training and skills in mitigation,

15  preparedness, response, and recovery.

16  (8) Establish a register of government and private

17  response resources available for use in a disaster.

18  (9) Expand the Earthquake Awareness Program and its

19  efforts to distribute earthquake preparedness materials to

20  schools, political subdivisions, community groups, civic

21  organizations, and the media. Emphasis will be placed on

22  those areas of the State most at risk from an earthquake.

23  Maintain the list of all school districts, hospitals,

24  airports, power plants, including nuclear power plants,

25  lakes, dams, emergency response facilities of all types,

26  and all other major public or private structures which are
    SB2394 Enrolled  - 374 - LRB104 09208 AMC 19265 b

1   at the greatest risk of damage from earthquakes under

2   circumstances where the damage would cause subsequent harm

3   to the surrounding communities and residents.

4   (10) Disseminate all information, completely and

5   without delay, on water levels for rivers and streams and

6   any other data pertaining to potential flooding supplied

7   by the Division of Water Resources within the Department

8   of Natural Resources to all political subdivisions to the

9   maximum extent possible.

10  (11) Develop agreements, if feasible, with medical

11  supply and equipment firms to supply resources as are

12  necessary to respond to an earthquake or any other

13  disaster as defined in this Act. These resources will be

14  made available upon notifying the vendor of the disaster.

15  Payment for the resources will be in accordance with

16  Section 7 of this Act. The Illinois Department of Public

17  Health shall determine which resources will be required

18  and requested.

19  (11.5) In coordination with the Illinois State Police,

20  develop and implement a community outreach program to

21  promote awareness among the State's parents and children

22  of child abduction prevention and response.

23  (12) Out of funds appropriated for these purposes,

24  award capital and non-capital grants to Illinois hospitals

25  or health care facilities located outside of a city with a

26  population in excess of 1,000,000 to be used for purposes
    SB2394 Enrolled  - 375 - LRB104 09208 AMC 19265 b

1   that include, but are not limited to, preparing to respond

2   to mass casualties and disasters, maintaining and

3   improving patient safety and quality of care, and

4   protecting the confidentiality of patient information. No

5   single grant for a capital expenditure shall exceed

6   $300,000. No single grant for a non-capital expenditure

7   shall exceed $100,000. In awarding such grants, preference

8   shall be given to hospitals that serve a significant

9   number of Medicaid recipients, but do not qualify for

10  disproportionate share hospital adjustment payments under

11  the Illinois Public Aid Code. To receive such a grant, a

12  hospital or health care facility must provide funding of

13  at least 50% of the cost of the project for which the grant

14  is being requested. In awarding such grants the Illinois

15  Emergency Management Agency shall consider the

16  recommendations of the Illinois Hospital Association.

17  (13) Do all other things necessary, incidental or

18  appropriate for the implementation of this Act.

19  (g) The Illinois Emergency Management Agency is authorized

20 to make grants to various higher education institutions,

21 public K-12 school districts, area vocational centers as

22 designated by the State Board of Education, inter-district

23 special education cooperatives, regional safe schools, and

24 nonpublic K-12 schools for safety and security improvements.

25 For the purpose of this subsection (g), "higher education

26 institution" means a public university, a public community
    SB2394 Enrolled  - 376 - LRB104 09208 AMC 19265 b

1 college, or an independent, not-for-profit or for-profit

2 higher education institution located in this State. Grants

3 made under this subsection (g) shall be paid out of moneys

4 appropriated for that purpose from the Build Illinois Bond

5 Fund. The Illinois Emergency Management Agency shall adopt

6 rules to implement this subsection (g). These rules may

7 specify: (i) the manner of applying for grants; (ii) project

8 eligibility requirements; (iii) restrictions on the use of

9 grant moneys; (iv) the manner in which the various higher

10 education institutions must account for the use of grant

11 moneys; and (v) any other provision that the Illinois

12 Emergency Management Agency determines to be necessary or

13 useful for the administration of this subsection (g).

14  (g-5) The Illinois Emergency Management Agency is

15 authorized to make grants to not-for-profit organizations

16 which are exempt from federal income taxation under section

17 501(c)(3) of the Federal Internal Revenue Code for eligible

18 security improvements that assist the organization in

19 preventing, preparing for, or responding to threats, attacks,

20 or acts of terrorism. To be eligible for a grant under the

21 program, the Agency must determine that the organization is at

22 a high risk of being subject to threats, attacks, or acts of

23 terrorism based on the organization's profile, ideology,

24 mission, or beliefs. Eligible security improvements shall

25 include all eligible preparedness activities under the federal

26 Nonprofit Security Grant Program, including, but not limited
    SB2394 Enrolled  - 377 - LRB104 09208 AMC 19265 b

1 to, physical security upgrades, security training exercises,

2 preparedness training exercises, contracting with security

3 personnel, and any other security upgrades deemed eligible by

4 the Director. Eligible security improvements shall not

5 duplicate, in part or in whole, a project included under any

6 awarded federal grant or in a pending federal application. The

7 Director shall establish procedures and forms by which

8 applicants may apply for a grant and procedures for

9 distributing grants to recipients. Any security improvements

10 awarded shall remain at the physical property listed in the

11 grant application, unless authorized by Agency rule or

12 approved by the Agency in writing. The procedures shall

13 require each applicant to do the following:

14  (1) identify and substantiate prior or current

15  threats, attacks, or acts of terrorism against the

16  not-for-profit organization;

17  (2) indicate the symbolic or strategic value of one or

18  more sites that renders the site a possible target of a

19  threat, attack, or act of terrorism;

20  (3) discuss potential consequences to the organization

21  if the site is damaged, destroyed, or disrupted by a

22  threat, attack, or act of terrorism;

23  (4) describe how the grant will be used to integrate

24  organizational preparedness with broader State and local

25  preparedness efforts, as described by the Agency in each

26  Notice of Opportunity for Funding;
    SB2394 Enrolled  - 378 - LRB104 09208 AMC 19265 b

1   (5) submit (i) a vulnerability assessment conducted by

2   experienced security, law enforcement, or military

3   personnel, or conducted using an Agency-approved or

4   federal Nonprofit Security Grant Program self-assessment

5   tool, and (ii) a description of how the grant award will be

6   used to address the vulnerabilities identified in the

7   assessment; and

8   (6) submit any other relevant information as may be

9   required by the Director.

10  The Agency is authorized to use funds appropriated for the

11 grant program described in this subsection (g-5) to administer

12 the program. Any Agency Notice of Opportunity for Funding,

13 proposed or final rulemaking, guidance, training opportunity,

14 or other resource related to the grant program must be

15 published on the Agency's publicly available website, and any

16 announcements related to funding shall be shared with all

17 State legislative offices, the Governor's office, emergency

18 services and disaster agencies mandated or required pursuant

19 to subsections (b) through (d) of Section 10, and any other

20 State agencies as determined by the Agency. Subject to

21 appropriation, the grant application period shall be open for

22 no less than 45 calendar days during the first application

23 cycle each fiscal year, unless the Agency determines that a

24 shorter period is necessary to avoid conflicts with the annual

25 federal Nonprofit Security Grant Program funding cycle.

26 Additional application cycles may be conducted during the same
    SB2394 Enrolled        - 379 - LRB104 09208 AMC 19265 b

1 fiscal year, subject to availability of funds. Upon request,

2 Agency staff shall provide reasonable assistance to any

3 applicant in completing a grant application or meeting a

4 post-award requirement.

5   In addition to any advance payment rules or procedures

6 adopted by the Agency, the Agency shall adopt rules or

7 procedures by which grantees under this subsection (g-5) may

8 receive a working capital advance of initial start-up costs

9 and up to 2 months of program expenses, not to exceed 25% of

10 the total award amount, if, during the application process,

11 the grantee demonstrates a need for funds to commence a

12 project. The remaining funds must be paid through

13 reimbursement after the grantee presents sufficient supporting

14 documentation of expenditures for eligible activities.

15  (h) Except as provided in Section 17.5 of this Act, any

16 moneys received by the Agency from donations or sponsorships

17 unrelated to a disaster shall be deposited in the Emergency

18 Planning and Training Fund and used by the Agency, subject to

19 appropriation, to effectuate planning and training activities.

20 Any moneys received by the Agency from donations during a

21 disaster and intended for disaster response or recovery shall

22 be deposited into the Disaster Response and Recovery Fund and

23 used for disaster response and recovery pursuant to the

24 Disaster Relief Act.

25  (i) The Illinois Emergency Management Agency may by rule

26 assess and collect reasonable fees for attendance at
    SB2394 Enrolled  - 380 - LRB104 09208 AMC 19265 b

1 Agency-sponsored conferences to enable the Agency to carry out

2 the requirements of this Act. Any moneys received under this

3 subsection shall be deposited in the Emergency Planning and

4 Training Fund and used by the Agency, subject to

5 appropriation, for planning and training activities.

6   (j) The Illinois Emergency Management Agency is authorized

7 to make grants to other State agencies, public universities,

8 units of local government, and statewide mutual aid

9 organizations to enhance statewide emergency preparedness and

10 response.

11  (k) Subject to appropriation from the Emergency Planning

12 and Training Fund, the Illinois Emergency Management Agency

13 and Office of Homeland Security shall obtain training services

14 and support for local emergency services and support for local

15 emergency services and disaster agencies for training,

16 exercises, and equipment related to carbon dioxide pipelines

17 and sequestration, and, subject to the availability of

18 funding, shall provide $5,000 per year to the Illinois Fire

19 Service Institute for first responder training required under

20 Section 4-615 of the Public Utilities Act. Amounts in the

21 Emergency Planning and Training Fund will be used by the

22 Illinois Emergency Management Agency and Office of Homeland

23 Security for administrative costs incurred in carrying out the

24 requirements of this subsection. To carry out the purposes of

25 this subsection, the Illinois Emergency Management Agency and

26 Office of Homeland Security may accept moneys from all
    SB2394 Enrolled            - 381 - LRB104 09208 AMC 19265 b

1 authorized sources into the Emergency Planning and Training

2 Fund, including, but not limited to, transfers from the Carbon

3 Dioxide Sequestration Administrative Fund and the Public

4 Utility Fund.

5   (l) (k) The Agency shall do all other things necessary,

6 incidental, or appropriate for the implementation of this Act,

7 including the adoption of rules in accordance with the

8 Illinois Administrative Procedure Act.

9 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

10 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.

11 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999,

12 eff. 1-1-25; revised 11-26-24.)

13  Section 185. The Historic Preservation Act is amended by

14 changing Sections 4.7, 16, and 21 as follows:

15  (20 ILCS 3405/4.7)

16  Sec. 4.7. State Historic Preservation Board.

17  (a) The State Historic Preservation Board is hereby

18 created within the Department.

19  (b) The Board shall consist of 9 voting members appointed

20 by the Governor and the Director of the Department, or the

21 Director's designee, who shall serve as an ex officio

22 ex-officio nonvoting member of the Board. Of the members

23 appointed by the Governor:

24  (1) 2 members shall have a relevant background in
    SB2394 Enrolled  - 382 - LRB104 09208 AMC 19265 b

1   public history or a background in teaching or researching

2   either the history of Illinois or the history of

3   historically marginalized communities;

4   (2) one member shall have experience in library

5   studies or archival work in Illinois;

6   (3) 3 members shall be representatives of a

7   community-based organization working on historic

8   preservation in Illinois;

9   (4) one member shall have experience with the federal

10  Americans with Disabilities Act of 1990;

11  (5) one member shall have experience working on

12  federal historic designations; and

13  (6) one member shall be a museum professional.

14  The chairperson of the Board shall be named by the

15 Governor from among the voting members of the Board. Each

16 member of the Board shall serve a 3-year term and until a

17 successor is appointed by the Governor. The Governor may

18 remove a Board member for incompetence, dereliction of duty,

19 or malfeasance. Of those members appointed by the Governor, at

20 least 5 of the members shall represent historically excluded

21 and marginalized people. The Governor's Office, with the

22 assistance of the Department, shall be responsible for

23 ensuring that 5 of the appointed members of the Board consist

24 of people who represent historically excluded and marginalized

25 people. Knowledge in the following areas shall be prioritized

26 in making appointments to the Board: the culture, traditions,
    SB2394 Enrolled  - 383 - LRB104 09208 AMC 19265 b

1 and history of American Indians and Native Americans, Black

2 Americans, Latinos, Latinas, and Hispanic Americans, Asian

3 Americans and Pacific Islanders, the LGBTQIA+ community,

4 immigrants and refugees, people with disabilities, and

5 veterans' organizations; women's history; the history of

6 Illinois' agriculture, architecture, armed forces, arts,

7 civics, cultural geography, ecology, education, faith-based

8 communities, folklore, government, industry, labor, law,

9 medicine, and transportation; anthropology; archaeology;

10 cultural exhibits and museums; heritage tourism; historic

11 preservation; and social justice.

12  (c) Board meetings shall be called at regular intervals

13 set by the Board, on the request of the Department, or upon

14 written notice signed by at least 5 members of the Board, but

15 in no event less than once quarterly.

16  (d) A majority of the members of the Board constitutes a

17 quorum for the transaction of business at a meeting of the

18 Board. If a quorum is met, a majority of the members present

19 and serving is required for official action of the Board.

20  (e) All business that the Board is authorized to perform

21 shall be conducted at a public meeting of the Board, held in

22 compliance with the Open Meetings Act.

23  (f) Public records of the Board are subject to disclosure

24 under the Freedom of Information Act.

25  (g) The members of the Board shall serve without

26 compensation but shall be entitled to reimbursement for all
    SB2394 Enrolled  - 384 - LRB104 09208 AMC 19265 b

1 necessary expenses incurred in the performance of their

2 official duties as members of the Board from funds

3 appropriated for that purpose. Reimbursement for travel,

4 meals, and lodging shall be in accordance with the rules of the

5 Governor's Travel Control Board.

6   (h) The Board has the following powers and duties:

7   (1) The Board shall adopt rules in accordance with the

8   Illinois Administrative Procedure Act, for the

9   administration and execution of the powers granted under

10  this Act. All rules that are authorized to be adopted

11  under this Act shall be adopted after consultation with

12  and written approval by the Department.

13  (2) The Board shall list, delist, create specific list

14  designations, create designation definitions, create

15  property assessment criteria, or change the listing

16  designation of State Historic Sites. Such actions shall be

17  undertaken by administrative rule. The listing, delisting,

18  creation of specific list designations or designation

19  definitions, or change of listing designation by the Board

20  shall only be done with the written approval of the

21  Director of Natural Resources. When listing, delisting, or

22  making a change of listing designation, the Board shall

23  consider, but is not limited to, the following:

24  (A) the budgetary impact on the full historic

25  sites portfolio when taking such action;

26  (B) if the action includes the stories of
    SB2394 Enrolled     - 385 - LRB104 09208 AMC 19265 b

1   historically excluded and marginalized people;

2              (C) the geographic balance of the portfolio;

3              (D) disability access;

4              (E) opportunities to coordinate with federal

5   historic designations or federal funding

6   opportunities; and

7              (F) any other criteria that have been set out in

8   administrative rule.

9   (3) The Board shall advise the Department on methods

10  of assistance, protection, conservation, and management of

11  State Historic Sites, which are all subject to Department

12  approval and available appropriations to implement those

13  recommendations.

14  (i) The Department shall provide administrative support to

15 the Board.

16 (Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.)

17  (20 ILCS 3405/16) (from Ch. 127, par. 2716)

18  Sec. 16. The Department shall have the following

19 additional powers:

20  (a) To hire agents and employees necessary to carry

21  out the duties and purposes of this Act.

22  (b) To take all measures necessary to erect, maintain,

23  preserve, restore, and conserve all State Historic Sites,

24  except when supervision and maintenance is otherwise

25  provided by law. This authorization includes the power to
    SB2394 Enrolled    - 386 - LRB104 09208 AMC 19265 b

1   enter into contracts, acquire and dispose of real and

2   personal property, and enter into leases of real and

3   personal property. The Department has the power to

4   acquire, for purposes authorized by law, any real property

5   in fee simple subject to a life estate in the seller in not

6   more than 3 acres of the real property acquired, subject

7   to the restrictions that the life estate shall be used for

8   residential purposes only and that it shall be

9   non-transferable.

10  (c) To provide recreational facilities, including

11  campsites, lodges and cabins, trails, picnic areas, and

12  related recreational facilities, at all sites under the

13  jurisdiction of the Department.

14  (d) To lay out, construct, and maintain all needful

15  roads, parking areas, paths or trails, bridges, camp or

16  lodge sites, picnic areas, lodges and cabins, and any

17  other structures and improvements necessary and

18  appropriate in any State historic site or easement

19  thereto; and to provide water supplies, heat and light,

20  and sanitary facilities for the public and living quarters

21  for the custodians and keepers of State historic sites.

22  (e) To grant licenses and rights-of-way within the

23  areas controlled by the Department for the construction,

24  operation, and maintenance upon, under or across the

25  property, of facilities for water, sewage, telephone,

26  telegraph, electric, gas, or other public service, subject
    SB2394 Enrolled  - 387 - LRB104 09208 AMC 19265 b

1   to the terms and conditions as may be determined by the

2   Department.

3   (f) To authorize the officers, employees, and agents

4   of the Department, for the purposes of investigation and

5   to exercise the rights, powers, and duties vested and that

6   may be vested in it, to enter and cross all lands and

7   waters in this State, doing no damage to private property.

8   (g) To transfer jurisdiction of or exchange any realty

9   under the control of the Department to any other

10  Department of the State Government, or to any agency of

11  the Federal Government, or to acquire or accept Federal

12  lands, when any transfer, exchange, acquisition, or

13  acceptance is advantageous to the State and is approved in

14  writing by the Governor.

15  (h) To erect, supervise, and maintain all public

16  monuments and memorials erected by the State, except when

17  the supervision and maintenance of public monuments and

18  memorials is otherwise provided by law.

19  (i) To accept, hold, maintain, and administer, as

20  trustee, property given in trust for educational or

21  historic purposes for the benefit of the People of the

22  State of Illinois and to dispose of any property under the

23  terms of the instrument creating the trust.

24  (j) To lease concessions on any property under the

25  jurisdiction of the Department for a period not exceeding

26  25 years and to lease a concession complex at Lincoln's
    SB2394 Enrolled        - 388 - LRB104 09208 AMC 19265 b

1   New Salem State Historic Site for which a cash incentive

2   has been authorized under Section 5.1 of this Act for a

3   period not to exceed 40 years. All leases, for whatever

4   period, shall be made subject to the written approval of

5   the Governor. All concession leases extending for a period

6   in excess of 10 years, will contain provisions for the

7   Department to participate, on a percentage basis, in the

8   revenues generated by any concession operation.

9   The Department is authorized to allow for provisions

10  for a reserve account and a leasehold account within

11  Department concession lease agreements for the purpose of

12  setting aside revenues for the maintenance,

13  rehabilitation, repair, improvement, and replacement of

14  the concession facility, structure, and equipment of the

15  Department that are part of the leased premises.

16  The lessee shall be required to pay into the reserve

17  account a percentage of gross receipts, as set forth in

18  the lease, to be set aside and expended in a manner

19  acceptable to the Department by the concession lessee for

20  the purpose of ensuring that an appropriate amount of the

21  lessee's moneys are provided by the lessee to satisfy the

22  lessee's incurred responsibilities for the operation of

23  the concession facility under the terms and conditions of

24  the concession lease.

25  The lessee account shall allow for the amortization of

26  certain authorized expenses that are incurred by the
    SB2394 Enrolled         - 389 - LRB104 09208 AMC 19265 b

1   concession lessee but that are not an obligation of the

2   lessee under the terms and conditions of the lease

3   agreement. The Department may allow a reduction of up to

4   50% of the monthly rent due for the purpose of enabling the

5   recoupment of the lessee's authorized expenditures during

6   the term of the lease.

7   (k) To sell surplus agricultural products grown on

8   land owned by or under the jurisdiction of the Department,

9   when the products cannot be used by the Department.

10  (l) To enforce the laws of the State and the rules and

11  regulations of the Department in or on any lands owned,

12  leased, or managed by the Department.

13  (m) To cooperate with private organizations and

14  agencies of the State of Illinois by providing areas and

15  the use of staff personnel where feasible for the sale of

16  publications on the historic and cultural heritage of the

17  State and craft items made by Illinois craftsmen. These

18  sales shall not conflict with existing concession

19  agreements. The Department is authorized to negotiate with

20  the organizations and agencies for a portion of the monies

21  received from sales to be returned to the Illinois

22  Historic Sites Fund for the furtherance of interpretive

23  and restoration programs.

24  (n) To establish local bank or savings and loan

25  association accounts, upon the written authorization of

26  the Director, to temporarily hold income received at any
    SB2394 Enrolled  - 390 - LRB104 09208 AMC 19265 b

1   of its properties. The local accounts established under

2   this Section shall be in the name of the Department and

3   shall be subject to regular audits. The balance in a local

4   bank or savings and loan association account shall be

5   forwarded to the Department for deposit with the State

6   Treasurer on Monday of each week if the amount to be

7   deposited in a fund exceeds $500.

8   No bank or savings and loan association shall receive

9   public funds as permitted by this Section, unless it has

10  complied with the requirements established under Section 6

11  of the Public Funds Investment Act.

12  (o) To accept offers of gifts, gratuities, or grants

13  from the federal government, its agencies, or offices, or

14  from any person, firm, or corporation.

15  (p) To make reasonable rules and regulations as may be

16  necessary to discharge the duties of the Department.

17  (q) With appropriate cultural organizations, to

18  further and advance the goals of the Department.

19  (r) To make grants for the purposes of planning,

20  survey, rehabilitation, restoration, reconstruction,

21  landscaping, and acquisition of Illinois properties (i)

22  designated individually in the National Register of

23  Historic Places, (ii) designated as a landmark under a

24  county or municipal landmark ordinance, or (iii) located

25  within a National Register of Historic Places historic

26  district or a locally designated historic district when
    SB2394 Enrolled  - 391 - LRB104 09208 AMC 19265 b

1   the Director determines that the property is of historic

2   significance whenever an appropriation is made therefor by

3   the General Assembly or whenever gifts or grants are

4   received for that purpose and to promulgate regulations as

5   may be necessary or desirable to carry out the purposes of

6   the grants.

7   Grantees may, as prescribed by rule, be required to

8   provide matching funds for each grant. Grants made under

9   this subsection shall be known as Illinois Heritage

10  Grants.

11  Every owner of a historic property, or the owner's

12  agent, is eligible to apply for a grant under this

13  subsection.

14  (s) To establish and implement a pilot program for

15  charging admission to State historic sites. Fees may be

16  charged for special events, admissions, and parking or any

17  combination; fees may be charged at all sites or selected

18  sites. All fees shall be deposited into the Illinois

19  Historic Sites Fund. The Department shall have the

20  discretion to set and adjust reasonable fees at the

21  various sites, taking into consideration various factors,

22  including, but not limited to: cost of services furnished

23  to each visitor, impact of fees on attendance and tourism,

24  and the costs expended collecting the fees. The Department

25  shall keep careful records of the income and expenses

26  resulting from the imposition of fees, shall keep records
    SB2394 Enrolled  - 392 - LRB104 09208 AMC 19265 b

1   as to the attendance at each historic site, and shall

2   report to the Governor and General Assembly by January 31

3   after the close of each year. The report shall include

4   information on costs, expenses, attendance, comments by

5   visitors, and any other information the Department may

6   believe pertinent, including:

7   (1) Recommendations as to whether fees should be

8   continued at each State historic site.

9   (2) How the fees should be structured and imposed.

10  (3) Estimates of revenues and expenses associated

11  with each site.

12  (t) To provide for overnight tent and trailer

13  campsites and to provide suitable housing facilities for

14  student and juvenile overnight camping groups. The

15  Department shall charge rates similar to those charged by

16  the Department for the same or similar facilities and

17  services.

18  (u) To engage in marketing activities designed to

19  promote the sites and programs administered by the

20  Department. In undertaking these activities, the

21  Department may take all necessary steps with respect to

22  products and services, including, but not limited to,

23  retail sales, wholesale sales, direct marketing, mail

24  order sales, telephone sales, advertising and promotion,

25  purchase of product and materials inventory, design,

26  printing and manufacturing of new products, reproductions,
    SB2394 Enrolled    - 393 - LRB104 09208 AMC 19265 b

1   and adaptations, copyright and trademark licensing and

2   royalty agreements, and payment of applicable taxes. In

3   addition, the Department shall have the authority to sell

4   advertising in its publications and printed materials. All

5   income from marketing activities shall be deposited into

6   the Illinois Historic Sites Fund.

7   (v) To review and approve in writing rules adopted by

8   the Board.

9 (Source: P.A. 102-1005, eff. 5-27-22; 103-616, eff. 7-1-24;

10 103-768, eff. 8-2-24; revised 10-7-24.)

11  (20 ILCS 3405/21)

12  Sec. 21. Annual report. Beginning in 2025, the Department

13 shall submit an annual report, on or before June 30, to the

14 General Assembly containing a full list of the State Historic

15 Sites and the sites' sites designations, as recommended by the

16 Board and approved by the Department.

17 (Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.)

18  Section 190. The Illinois Housing Development Act is

19 amended by changing Section 16 as follows:

20  (20 ILCS 3805/16) (from Ch. 67 1/2, par. 316)

21  Sec. 16. The notes and bonds issued under this Act shall be

22 authorized by resolution of the members of the Authority,

23 shall bear such date or dates, and shall mature at such time or
SB2394 Enrolled  - 394 - LRB104 09208 AMC 19265 b

 1 times, in the case of any note, or any renewal thereof, not
 2 exceeding 15 years (or such longer time not exceeding 25 years
 3 if the Authority shall determine, with respect to notes issued
 4 in anticipation of bonds, that a longer maturity date is
 5 required in order to assure the ability to issue the bonds),
 6 from the date of issue of such original note, and in the case
 7 of any bond not exceeding 50 years from the date of issue, as
 8 the resolution may provide. The bonds may be issued as serial
 9 bonds or as term bonds or as a combination thereof. The notes
10 and bonds shall bear interest at such rate or rates as shall be
11 determined by the members of the Authority by the resolution
12 authorizing issuance of the bonds and notes provided, however,
13 that notes and bonds issued after July 1, 1983, shall bear
14 interest at such rate or rates not exceeding the greater of (i)
15 the maximum rate established in the Bond Authorization Act "An
16 Act to authorize public corporations to issue bonds, other
17 evidences of indebtedness and tax anticipation warrants
18 subject to interest rate limitations set forth therein",
19 approved May 26, 1970, as from time to time in effect; (ii) 11%
20 per annum; or (iii) 70% of the prime commercial rate in effect
21 at the time the contract is made. In the event the Authority
22 issues notes or bonds not exempt from income taxation under
23 the Internal Revenue Code of 1954, as amended, such notes or
24 bonds shall bear interest at a rate or rates as shall be
25 determined by the members of the Authority by the resolution
26 authorizing issuance of the bonds and notes. Prime commercial
    SB2394 Enrolled  - 395 - LRB104 09208 AMC 19265 b

1 rate means such prime rate as from time to time is publicly

2 announced by the largest commercial banking institution

3 located in this State, measured in terms of total assets. A

4 contract is made with respect to notes or bonds when the

5 Authority is contractually obligated to issue and sell such

6 notes or bonds to a purchaser who is contractually obligated

7 to purchase them. The notes and bonds shall be in such

8 denominations, be in such form, either coupon or registered,

9 carry such registration privileges, be executed in such

10 manner, be payable in such medium of payment, at such place or

11 places and be subject to such terms of redemption as such

12 resolution or resolutions may provide. The notes and bonds of

13 the Authority may be sold by the Authority, at public or

14 private sale, at such price or prices as the Authority shall

15 determine.

16  In lieu of establishing the rate at which notes or bonds of

17 the Authority shall bear interest and the price at which the

18 notes or bonds shall be sold, the resolution authorizing their

19 issuance may set maximum and minimum prices, interest rates,

20 and annual interest cost to the Authority for that issue of

21 notes or bonds (computed as the resolution shall provide),

22 such that the difference between the maximum and minimum

23 annual interest cost shall not exceed 1% of the principal

24 amount of the notes or bonds. Such a resolution shall

25 authorize any 2 two of the Chairman, Treasurer, or Director

26 (or in the Director's absence, the Deputy Director) to
    SB2394 Enrolled  - 396 - LRB104 09208 AMC 19265 b

1 establish the actual price and interest rate within the range

2 established by the resolution. In lieu of establishing the

3 dates, maturities, or other terms of the notes or bonds, the

4 resolution authorizing their issuance may authorize any 2 two

5 of the Chairman, Treasurer, or Director (or in the Director's

6 absence, the Deputy Director) to establish such dates,

7 maturities, and other terms within ranges or criteria

8 established by the resolution.

9   In connection with the issuance of its notes and bonds,

10 the Authority may enter into arrangements to provide

11 additional security and liquidity for the notes and bonds.

12 These may include, without limitation, letters of credit,

13 lines of credit by which the Authority may borrow funds to pay

14 or redeem its notes or bonds, and purchase or remarketing

15 arrangements for assuring the ability of owners of the

16 Authority's notes and bonds to sell or to have redeemed their

17 notes and bonds. The Authority may enter into contracts and

18 may agree to pay fees to persons providing such arrangements,

19 but only under circumstances in which the total interest paid

20 or to be paid on the notes or bonds, together with the fees for

21 the arrangements (being treated as if interest), would not,

22 taken together, cause the notes or bonds to bear interest,

23 calculated to their absolute maturity, at a rate in excess of

24 the maximum rate allowed by this Act.

25  The resolution of the Authority authorizing the issuance

26 of its notes or bonds may provide that interest rates may vary
    SB2394 Enrolled  - 397 - LRB104 09208 AMC 19265 b

1 from time to time depending upon criteria established by the

2 Authority, which may include, without limitation, a variation

3 in interest rates as may be necessary to cause notes or bonds

4 to be remarketable from time to time at a price equal to their

5 principal amount (or compound accredited value in case of

6 original issue discount bonds), and may provide for

7 appointment of a national banking association, bank, trust

8 company, investment bank, or other financial institution to

9 serve as a remarketing agent in that connection. The

10 resolution of the Authority authorizing the issuance of its

11 notes or bonds may provide that alternative interest rates or

12 provisions will apply during such times as the notes or bonds

13 are held by a person providing a letter of credit or other

14 credit enhancement arrangement for those notes or bonds.

15 Notwithstanding any other provisions of law, there shall be no

16 statutory limitation on the interest rates which such variable

17 rate notes and bonds may bear from time to time.

18  In addition to the other authorizations contained in this

19 Section, the Authority may adopt a resolution or resolutions

20 granting to any 2 two of the Chairman, Treasurer, or Director

21 (or in the Director's absence, the Deputy Director) the power

22 to authorize issuance of notes or bonds, or both, on behalf of

23 the Authority from time to time without further resolution of

24 the Authority. Any such resolution shall contain a statement

25 of the maximum aggregate amount of notes or bonds that may be

26 outstanding at any one time pursuant to the authorization
SB2394 Enrolled  - 398 - LRB104 09208 AMC 19265 b

 1 granted in such resolution. Such resolution shall also contain
 2 a statement of the period of time during which such notes or
 3 bonds of the Authority may be so issued. Such resolution shall
 4 also delegate specifically or generally to the persons
 5 empowered to authorize issuance of the notes or bonds the
 6 authority to establish or approve any or all matters relating
 7 to the issuance and sale of the notes or bonds, which may
 8 include the interest rates, if any, which the notes or bonds
 9 shall bear and the prices (including premiums or discounts, if
10 any) at which they shall be issued and sold, or the criteria
11 upon which such interest rates and prices may vary, the
12 appointment of remarketing agents, the approval of alternative
13 interest rates, whether there shall be any statutory or other
14 limitation on the interest rates which such notes or bonds may
15 bear (treating as if interest the fees for any arrangements to
16 provide additional security and liquidity for the notes and
17 bonds), and the dates, maturities, and other terms and
18 conditions on which the notes or bonds shall be issued and
19 sold. Any or all of such matters may vary from issue to issue
20 and within an issue. Any such resolution may set forth the
21 criteria by which any or all of the matters entrusted to the
22 persons designated in such resolution are to be established or
23 approved, and may grant the power to authorize issuance of
24 notes or bonds which are exempt from income taxation under the
25 Internal Revenue Code of 1954, as amended, or which are not
26 exempt.
    SB2394 Enrolled   - 399 - LRB104 09208 AMC 19265 b

1   Notwithstanding any other provision of law, and in

2 addition to any other authority provided by law, with respect

3 to mortgage or other loans made by it, the Authority may

4 require payments of principal, make interest charges, and

5 impose prepayment premiums or penalties (in addition to any

6 fees or charges made by the Authority) so that such principal,

7 interest and premiums or penalties are sufficient to enable

8 the Authority to pay when due all principal, interest, and

9 redemption premiums or penalties on any notes or bonds issued

10 by the Authority to finance or continue the financing of such

11 loans (including a proportionate share of such bonds or notes

12 issued to fund reserves or to cover any discount) and to make

13 any required deposits in any reserve funds; and any contract

14 relating to any mortgage or other loan made by the Authority

15 may provide for changes during its term in the rate at which

16 interest shall be paid, to the extent the changes are provided

17 for in order to enable the Authority to make payments with

18 respect to bonds or notes as provided in this Section.

19 (Source: P.A. 85-1450; revised 7-18-24.)

20  Section 195. The Increasing Representation of Women in

21 Technology Task Force Act is amended by changing Section 5 as

22 follows:

23  (20 ILCS 4131/5)

24  (Section scheduled to be repealed on January 1, 2030)
    SB2394 Enrolled        - 400 - LRB104 09208 AMC 19265 b

1   Sec. 5. Increasing Representation of Women in Technology

2 Task Force; membership.

3   (a) The Increasing Representation of Women in Technology

4 Task Force is hereby established within the Illinois Workforce

5 Innovation Board.

6   (b) The Task Force shall consist of the following members:

7   (1) one member of the Senate, appointed by the

8   President of the Senate;

9   (2) one member of the Senate, appointed by the

10  Minority Leader of the Senate;

11  (3) one member of the House of Representatives,

12  appointed by the Speaker of the House of Representatives;

13  (4) one member of the House of Representatives,

14  appointed by the Minority Leader of the House of

15  Representatives;

16  (5) the Director of the Governor's Office of

17  Management and Budget, or the Director's designee;

18  (6) one member representing a statewide labor

19  organization, appointed by the Governor;

20  (7) one member representing a national laboratory that

21  is a multi-disciplinary science and engineering research

22  center, appointed by the Governor;

23  (8) the Chief Equity Officer of the State of Illinois

24  Office of Equity or the Chief Equity Officer's designee;

25  (9) one member representing local or State economic

26  development interests, appointed by the Governor;
    SB2394 Enrolled         - 401 - LRB104 09208 AMC 19265 b

1   (10) one member representing women in technology,

2   appointed by the Governor;

3   (11) one member representing a technology

4   manufacturing corporation, appointed by the Governor;

5   (12) 4 members representing companies that have been

6   recognized for the recruitment, advancement, and retention

7   of women in technology positions and the corresponding

8   management chain in the last 3 years, appointed by the

9   Governor;

10  (13) one member from a community-based organization

11  that supports women in technology, appointed by the

12  Governor;

13  (14) the Vice Chancellor of Diversity, Equity &

14  Inclusion of the University of Illinois Office of the Vice

15  Chancellor of Diversity, Equity & Inclusion, or the Vice

16  Chancellor's designee;

17  (15) the Executive Director of the Illinois Community

18  College Board, or the Executive Director's designee;

19  (16) one member with knowledge of diversity, equity,

20  and inclusion best practices from an advocacy group

21  representing women in technology, appointed by the

22  Governor; and

23  (17) a chairperson of the Illinois Workforce

24  Innovation Board, appointed by the Illinois Workforce

25  Innovation Board, or that chairperson's designee.

26  (c) The members of the Task Force shall serve without
    SB2394 Enrolled           - 402 - LRB104 09208 AMC 19265 b

1 compensation.

2   (d) The Task Force shall meet at least quarterly to

3 fulfill its duties under this Act. At the first meeting of the

4 Task Force, the Task Force shall elect 2 co-chairs cochairs;

5 one chair shall be a standing member of the Illinois Workforce

6 Innovation Board, and one chair shall be selected from among

7 members of the Task Force.

8   (e) The Illinois Workforce Innovation Board shall, in

9 consultation with an Illinois public college or university,

10 provide administrative and other support to the Task Force.

11 (Source: P.A. 103-912, eff. 1-1-25; revised 12-1-24.)

12  Section 200. The Water Plan Task Force Act is amended by

13 changing Section 10 as follows:

14  (20 ILCS 4132/10)

15  Sec. 10. State Water Plan Task Force.

16  (a) There shall be established within State government and

17 universities an interagency task force which shall be known as

18 the State Water Plan Task Force. The Task Force shall be

19 chaired by the Director of the Office of Water Resources of the

20 Department of Natural Resources and composed of the directors,

21 or their designee, from the following State entities:

22  (1) The Office of Resource Conservation of the

23  Department of Natural Resources.

24  (2) The Department of Public Health.
    SB2394 Enrolled  - 403 - LRB104 09208 AMC 19265 b

1   (3) The Environmental Protection Agency.

2   (4) The Department of Transportation.

3   (5) The Department of Agriculture.

4   (6) The Department of Transportation.

5   (7) The Illinois Emergency Management Agency and

6   Office of Homeland Security.

7   (8) The Pollution Control Board

8   (9) The Department of Commerce and Economic

9   Opportunity.

10  (10) The State Water Survey of the University of

11  Illinois.

12  (11) The Water Resource Center of the University of

13  Illinois.

14  (b) The Task Force shall coordinate with State agencies

15 and universities to develop a concise plan for addressing

16 water issues facing the State.

17  (c) The Task Force shall:

18  (1) identify critical water issues;

19  (2) develop recommendations to address critical water

20  topic issues;

21  (3) implement recommendations; and

22  (4) reevaluate critical water issues and needs.

23  (d) The Task Force shall publish a State Water Plan not

24 less than every 10 years. The Plan shall include:

25  (1) Identification of critical water topics needing

26  specific attention in this State based on stakeholder
    SB2394 Enrolled           - 404 - LRB104 09208 AMC 19265 b

1   input sought and provided during the plan development.

2         (2) A Topic Lead as an individual from the Task Force

3   membership responsible for ensuring the development of the

4   Topic Lead's assigned critical topic section of the Plan.

5         (3) (Blank). Plan development shall include public

6   outreach phases to obtain feedback on the most critical

7   water issues faced by the State and how to address those

8   issues.

9         (4) Recommendations related to the identified issues

10  for each critical topic, including, but not limited to:

11           (A) New State programs or modification to existing

12        programs.

13           (B) New or modified existing policy within a

14        program or agency.

15           (C) New or modified legislation.

16           (D) Requests for a study or research to be

17        completed.

18           (E) Proposals or designs of a construction

19        project.

20           (F) Funding requests for the above listed

21        recommendations.

22  Plan development shall include public outreach phases to

23 obtain feedback on the most critical water issues faced by the

24 State and how to address those issues.

25  (5) No more than 2 years shall be used to develop a new

26 Plan.
    SB2394 Enrolled      - 405 - LRB104 09208 AMC 19265 b

1   (6) The Task Force shall develop and maintain a publicly

2 available website or portal that summarizes projects of the

3 Task Force.

4   (e) The Task Force shall be responsible for developing

5 membership voting and operational rules.

6   (f) The Task Force shall meet not less than once per

7 quarter each calendar year to:

8   (1) Update the status of the Plan recommendations by

9   providing an a implementation summary that will be

10  published to the official Task Force website or portal.

11  (2) Review, evaluate, and publish an annual report

12  showing the implementation status for each of the Plan's

13  recommendations.

14  (g) The Task Force shall have the authority to:

15  (1) Create and use subtask forces or committees to

16  identify identifying critical issues and implement

17  implementing recommendations related to the Plan.

18  (2) Publish special reports specific to critical

19  topics to add clarification and provide additional details

20  of action needed.

21  (3) Review and evaluate State laws, rules,

22  regulations, and procedures that relate to water needs in

23  the state.

24  (4) Recommend procedures for better coordination among

25  State water-related programs, with local programs and

26  stakeholder groups.
    SB2394 Enrolled    - 406 - LRB104 09208 AMC 19265 b

1   (5) Recommend and prioritize the State's water-related

2   water related research needs.

3   (6) Review, coordinate, and evaluate water data

4   collection, analysis, and public sharing.

5   (7) Allow member entities to request annual

6   appropriations to resource necessary staff participation

7   on the Task Force and resource Plan development.

8 (Source: P.A. 103-917, eff. 1-1-25; revised 12-1-24.)

9   Section 205. The Family Recovery Plans Implementation Task

10 Force Act is amended by changing Sections 15 and 35 as follows:

11  (20 ILCS 4133/15)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 15. Composition. The Family Recovery Plan

14 Implementation Task Force is created within the Department of

15 Human Services and shall consist of members appointed as

16 follows:

17  (1) The President of the Senate, or his or her

18  designee, shall appoint: one member of the Senate; one

19  member representing a statewide organization that

20  advocates on behalf of community-based services for

21  children and families; and one member from a statewide

22  organization representing a majority of hospitals.

23  (2) The Senate Minority Leader, or his or her

24  designee, shall appoint: one member of the Senate; one
    SB2394 Enrolled  - 407 - LRB104 09208 AMC 19265 b

1   member from an organization conducting quality improvement

2   initiatives to improve perinatal health; and one member

3   with relevant lived experience, as recommended by a

4   reproductive justice advocacy organization with expertise

5   in perinatal and infant health and birth equity.

6   (3) The Speaker of the House of Representatives, or

7   his or her designee, shall appoint: one member of the

8   House of Representatives; one member who is a licensed

9   obstetrician-gynecologist, as recommended by a statewide

10  organization     representing    obstetricians    and

11  gynecologists; and one member with relevant lived

12  experience, as recommended by a reproductive justice

13  advocacy organization with expertise in perinatal and

14  infant health and birth equity.

15  (4) The House Minority Leader, or his or her designee,

16  shall appoint: one member of the House of Representatives;

17  one member who is a licensed physician specializing in

18  child abuse and neglect, as recommended by a statewide

19  organization representing pediatricians; and one member

20  who is a licensed physician specializing in perinatal

21  substance use disorder treatment, as recommended by a

22  statewide organization representing physicians.

23  (5) The Director of Children and Family Services, or

24  the Director's designee.

25  (6) The exclusive collective bargaining representative

26  of the majority of front-line employees at the Department
    SB2394 Enrolled        - 408 - LRB104 09208 AMC 19265 b

1   of Children and Family Services, or the representative's

2   designee.

3   (7) The Secretary of Human Services, or the

4   Secretary's designee.

5   (8) The Director of Public Health, or the Director's

6   designee.

7   (9) The Cook County Public Guardian, or the Cook

8   County Public Guardian's designee.

9 (Source: P.A. 103-941, eff. 8-9-24; revised 10-21-24.)

10  (20 ILCS 4133/35)

11  (Section scheduled to be repealed on January 1, 2027)

12  Sec. 35. Repeal. The Task Force is dissolved, and this Act

13 is repealed, on, January 1, 2027.

14 (Source: P.A. 103-941, eff. 8-9-24; revised 10-21-24.)

15  Section 210. The Opportunities for At-Risk Women Act is

16 amended by changing Section 10 as follows:

17  (20 ILCS 5075/10)

18  Sec. 10. Duties of the Task Force.

19  (a) The Task Force shall strategize and design a plan for

20 the Department of Commerce and Economic Opportunity to partner

21 and outsource with State and local governmental agencies,

22 companies, and organizations that aid in helping at-risk women

23 and their families become successful productive citizens.
    SB2394 Enrolled   - 409 - LRB104 09208 AMC 19265 b

1   (b) This partnership will include material distribution of

2 available resources offered in their communities as well as

3 referrals to organizations and companies that provide

4 necessary services to aid aide in their success. The following

5 are targeted areas of assistance and outsourcing: housing

6 assistance; educational information on enhancement and

7 advancement; parenting and family bonding classes; financial

8 education and literacy, including budgeting; quality

9 afterschool programming, including tutoring; self-esteem and

10 empowerment classes; healthy relationships classes for the

11 entire family, including warning signs and appropriate

12 handling of bullying; integrity classes; social etiquette

13 classes; job preparedness workshops; temperament behavior

14 classes, including anger management; addiction and recovery

15 clinics, including referrals; health education classes; job

16 training opportunities; and the expansion of Redeploy Illinois

17 into Cook County.

18  (c) For the purposes of this Act, "at-risk women" means

19 women who are at increased risk of incarceration because of

20 poverty, abuse, addiction, financial challenges, illiteracy,

21 or other causes. The term "at-risk women" may include, but

22 shall not be limited to, women who have previously been

23 incarcerated.

24 (Source: P.A. 99-416, eff. 1-1-16; revised 7-24-24.)

25  Section 215. The Legislative Commission Reorganization Act
    SB2394 Enrolled      - 410 - LRB104 09208 AMC 19265 b

1 of 1984 is amended by changing Section 4-2.1 as follows:

2   (25 ILCS 130/4-2.1)

3   Sec. 4-2.1. Federal program functions. The Commission on

4 Government Forecasting and Accountability is established as

5 the information center for the General Assembly in the field

6 of federal-state relations and as State Central Information

7 Reception Agency for the purpose of receiving information from

8 federal agencies under the United States Office of Management

9 and Budget circular A-98 and the United States Department of

10 the Treasury Circular TC-1082 or any successor circulars

11 promulgated under authority of the United States

12 Intergovernmental Inter-governmental Cooperation Act of 1968.

13 Its powers and duties in this capacity include, but are not

14 limited to:

15  (a) Compiling and maintaining current information on

16  available and pending federal aid programs for the use of

17  the General Assembly and legislative agencies;

18  (b) Analyzing the relationship of federal aid programs

19  with state and locally financed programs, and assessing

20  the impact of federal aid programs on the State generally;

21  (c) Reporting annually to the General Assembly on the

22  adequacy of programs financed by federal aid in the State,

23  the types and nature of federal aid programs in which

24  State agencies or local governments did not participate,

25  and to make recommendations on such matters;
    SB2394 Enrolled   - 411 - LRB104 09208 AMC 19265 b

1   (d) Cooperating with the Governor's Office of

2   Management and Budget and with any State of Illinois

3   offices located in Washington, D.C., in obtaining

4   information concerning federal grant-in-aid legislation

5   and proposals having an impact on the State of Illinois;

6   (e) (Blank);

7   (f) Receiving from every State agency, other than

8   State colleges and universities, agencies of legislative

9   and judicial branches of State government, and elected

10  State executive officers not including the Governor, all

11  applications for federal grants, contracts and agreements

12  and notification of any awards of federal funds and any

13  and all changes in the programs, in awards, in program

14  duration, in schedule of fund receipts, and in estimated

15  costs to the State of maintaining the program if and when

16  federal assistance is terminated, or in direct and

17  indirect costs, of any grant under which they are or

18  expect to be receiving federal funds;

19  (g) (Blank); and

20  (h) Reporting such information as is received under

21  subparagraph (f) to the President and Minority Leader of

22  the Senate and the Speaker and Minority Leader of the

23  House of Representatives and their respective

24  appropriation staffs and to any member of the General

25  Assembly on a monthly basis at the request of the member.

26  The State colleges and universities, the agencies of the
    SB2394 Enrolled  - 412 - LRB104 09208 AMC 19265 b

1 legislative and judicial branches of State government, and the
2 elected State executive officers, not including the Governor,
3 shall submit to the Commission on Government Forecasting and
4 Accountability, in a manner prescribed by the Commission on
5 Government Forecasting and Accountability, summaries of
6 applications for federal funds filed and grants of federal
7 funds awarded.
8 (Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.)

9   Section 220. The Legislative Reference Bureau Act is

10 amended by changing Section 5.04 as follows:

11  (25 ILCS 135/5.04) (from Ch. 63, par. 29.4)

12  Sec. 5.04. Codification and revision of statutes.

13  (a) As soon as possible after the effective date of this

14 amendatory Act of 1992, the Legislative Reference Bureau shall

15 file with the Index Division of the Office of the Secretary of

16 State, the General Assembly, the Governor, and the Supreme

17 Court a compilation of the general Acts of Illinois. At that

18 time and at any other time the Legislative Reference Bureau

19 may file with the Index Division of the Office of the Secretary

20 of State cross-reference tables comparing the compilation and

21 the Illinois Revised Statutes. The Legislative Reference

22 Bureau shall provide copies of the documents that are filed to

23 each individual or entity that delivers a written request for

24 copies to the Legislative Reference Bureau; the Legislative
    SB2394 Enrolled             - 413 - LRB104 09208 AMC 19265 b

1 Reference Bureau, by resolution, may establish and charge a

2 reasonable fee for providing copies. The compilation shall

3 take effect on January 1, 1993. The compilation shall be cited

4 as the "Illinois Compiled Statutes" or as "ILCS". The Illinois

5 Compiled Statutes, including the statutes themselves and the

6 organizational and numbering scheme, shall be an official

7 compilation of the general Acts of Illinois and shall be

8 entirely in the public domain for purposes of federal

9 copyright law.

10  (b) The compilation document that is filed under

11 subsection (a) shall divide the general Acts into major topic

12 areas and into chapters within those areas; the document shall

13 list the general Acts by title or short title, but need not

14 contain the text of the statutes or specify individual

15 Sections of Acts. Chapters shall be numbered. Each Act shall

16 be assigned to a chapter and shall be ordered within that

17 chapter. An Act prefix number shall be designated for each Act

18 within each chapter. Chapters may be divided into subheadings.

19 Citation to a section of ILCS shall be in the form "X ILCS

20 Y/Z(A)", where X is the chapter number, Y is the Act prefix

21 number, Z is the Section number of the Act, Y/Z is the section

22 number in the chapter of ILCS, and A is the year of

23 publication, if applicable.

24  (c) The Legislative Reference Bureau shall make additions,

25 deletions, and changes to the organizational or numbering

26 scheme of the Illinois Compiled Statutes by filing appropriate
    SB2394 Enrolled  - 414 - LRB104 09208 AMC 19265 b

1 documents with the Index Department Division of the Office of

2 the Secretary of State. The Legislative Reference Bureau shall

3 also provide copies of the documents that are filed to each

4 individual or entity that delivers a written request for

5 copies to the Legislative Reference Bureau; the Legislative

6 Reference Bureau, by resolution, may establish and charge a

7 reasonable fee for providing copies. The additions, deletions,

8 and changes to the organizational or numbering scheme of the

9 Illinois Compiled Statutes shall take effect 30 days after

10 filing with the Index Department Division.

11  (d) Omission of an effective Act or Section of an Act from

12 ILCS does not alter the effectiveness of that Act or Section.

13 Inclusion of a repealed Act or Section of an Act in ILCS does

14 not affect the repeal of that Act or Section.

15  (e) In order to allow for an efficient transition to the

16 organizational and numbering scheme of the Illinois Compiled

17 Statutes, the State, units of local government, school

18 districts, and other governmental entities may, for a

19 reasonable period of time, continue to use forms, computer

20 software, systems, and data, published rules, and any other

21 electronically stored information and printed documents that

22 contain references to the Illinois Revised Statutes. However,

23 reports of criminal, traffic, and other offenses and

24 violations that are part of a state-wide reporting system

25 shall continue to be made by reference to the Illinois Revised

26 Statutes until July 1, 1994, and on and after that date shall
    SB2394 Enrolled            - 415 - LRB104 09208 AMC 19265 b

1 be made by reference to the Illinois Compiled Statutes, except

2 that an earlier conversion date may be established by

3 agreement among all of the following: the Supreme Court, the

4 Secretary of State, the Director of State Police, the Circuit

5 Clerk of Cook County, and the Circuit Clerk of DuPage County,

6 or the designee of each. References to the Illinois Revised

7 Statutes are deemed to be references to the corresponding

8 provisions of the Illinois Compiled Statutes.

9   (f) The Legislative Reference Bureau, with the assistance

10 of the Legislative Information System, shall make its

11 electronically stored database of the statutes and the

12 compilation available in an electronically stored medium to

13 those who request it; the Legislative Reference Bureau, by

14 resolution, shall establish and charge a reasonable fee for

15 providing the information.

16  (g) Amounts received under this Section shall be deposited

17 into the General Assembly Computer Equipment Revolving Fund.

18  (h) The Legislative Reference Bureau shall select subjects

19 and chapters of the statutory law that it considers most in

20 need of a revision and present to the next regular session of

21 the General Assembly bills covering those revisions. In

22 connection with those revisions, the Legislative Reference

23 Bureau has full authority and responsibility to recommend the

24 revision, simplification, and rearrangement of existing

25 statutory law and the elimination from that law of obsolete,

26 superseded, duplicated, and unconstitutional statutes or parts
    SB2394 Enrolled           - 416 - LRB104 09208 AMC 19265 b

1 of statutes, but shall make no other changes in the substance
2 of existing statutes, except to the extent those changes in
3 substance are necessary for coherent revision, simplification,
4 rearrangement, or elimination. Revisions reported to the
5 General Assembly may be accompanied by explanatory statements
6 of changes in existing statutes or parts of statutes that
7 those revisions, if enacted, would effect.
8 (Source: P.A. 86-523; 87-1005; revised 7-18-24.)

9   Section 225. The State Finance Act is amended by setting

10 forth and renumbering multiple versions of Sections 5.1015,

11 5.1016, 5.1017, and 6z-140 and by changing Sections 6z-82,

12 8.3, and 8g-1 as follows:

13  (30 ILCS 105/5.1015)

14  Sec. 5.1015. The Professions Licensure Fund.

15 (Source: P.A. 103-588, eff. 6-5-24.)

16  (30 ILCS 105/5.1016)

17  Sec. 5.1016. The Restore Fund.

18 (Source: P.A. 103-588, eff. 6-5-24.)

19  (30 ILCS 105/5.1017)

20  Sec. 5.1017. The Health Equity and Access Fund.

21 (Source: P.A. 103-588, eff. 6-5-24.)
    SB2394 Enrolled          - 417 - LRB104 09208 AMC 19265 b

1   (30 ILCS 105/5.1018)

2   Sec. 5.1018 5.1015. The Medical Debt Relief Pilot Program

3 Fund.

4 (Source: P.A. 103-647, eff. 7-1-24; revised 9-23-24.)

5   (30 ILCS 105/5.1019)

6   Sec. 5.1019 5.1015. The Carbon Dioxide Sequestration

7 Administrative Fund.

8 (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)

9   (30 ILCS 105/5.1020)

10  Sec. 5.1020 5.1015. The International Brotherhood of

11 Electrical Workers Fund.

12 (Source: P.A. 103-665, eff. 1-1-25; revised 12-3-24.)

13  (30 ILCS 105/5.1021)

14  Sec. 5.1021 5.1015. The Local Food Infrastructure Grant

15 Fund.

16 (Source: P.A. 103-772, eff. 8-2-24; revised 9-23-24.)

17  (30 ILCS 105/5.1022)

18  Sec. 5.1022 5.1015. The Illinois USTA/Midwest Youth Tennis

19 Foundation Fund.

20 (Source: P.A. 103-911, eff. 1-1-25; revised 12-3-24.)

21  (30 ILCS 105/5.1023)
    SB2394 Enrolled       - 418 - LRB104 09208 AMC 19265 b

1   Sec. 5.1023 5.1015. The Healthy Forests, Wetlands, and

2 Prairies Grant Fund.

3 (Source: P.A. 103-923, eff. 1-1-25; revised 12-3-24.)

4   (30 ILCS 105/5.1024)

5   Sec. 5.1024 5.1015. The Sons of the American Legion Fund.

6 (Source: P.A. 103-933, eff. 1-1-25; revised 12-3-24.)

7   (30 ILCS 105/5.1025)

8   Sec. 5.1025 5.1015. The Real Estate Recovery Fund.

9 (Source: P.A. 103-1039, eff. 8-9-24; revised 9-23-24.)

10  (30 ILCS 105/5.1026)

11  Sec. 5.1026 5.1016. The Environmental Justice Grant Fund.

12 (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)

13  (30 ILCS 105/5.1027)

14  Sec. 5.1027 5.1017. The Water Resources Fund.

15 (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)

16  (30 ILCS 105/6z-82)

17  Sec. 6z-82. State Police Operations Assistance Fund.

18  (a) There is created in the State treasury a special fund

19 known as the State Police Operations Assistance Fund. The Fund

20 shall receive revenue under the Criminal and Traffic

21 Assessment Act. The Fund may also receive revenue from grants,
    SB2394 Enrolled       - 419 - LRB104 09208 AMC 19265 b

1 donations, appropriations, and any other legal source.

2   (a-5) This Fund may charge, collect, and receive fees or

3 moneys as described in Section 15-312 of the Illinois Vehicle

4 Code and receive all fees received by the Illinois State

5 Police under that Section. The moneys shall be used by the

6 Illinois State Police for its expenses in providing police

7 escorts and commercial vehicle enforcement activities.

8   (b) The Illinois State Police may use moneys in the Fund to

9 finance any of its lawful purposes or functions.

10  (c) Expenditures may be made from the Fund only as

11 appropriated by the General Assembly by law.

12  (d) Investment income that is attributable to the

13 investment of moneys in the Fund shall be retained in the Fund

14 for the uses specified in this Section.

15  (e) The State Police Operations Assistance Fund shall not

16 be subject to administrative chargebacks.

17  (f) (Blank).

18  (g) (Blank).

19  (h) (Blank). June 9, 2023 (Public Act 103-34)

20 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;

21 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.

22 6-9-23; 103-363, eff. 7-28-23; 103-605, eff. 7-1-24; 103-616,

23 eff. 7-1-24; revised 7-23-24.)

24  (30 ILCS 105/6z-140)

25  Sec. 6z-140. Professions Licensure Fund. The Professions
    SB2394 Enrolled       - 420 - LRB104 09208 AMC 19265 b

 1 Licensure Fund is created as a special fund in the State
 2 treasury. The Fund may receive revenue from any authorized
 3 source, including, but not limited to, gifts, grants, awards,
 4 transfers, and appropriations. Subject to appropriation, the
 5 Department of Financial and Professional Regulation may use
 6 moneys in the Fund for costs directly associated with the
 7 procurement of electronic data processing software, licenses,
 8 or any other information technology system products and for
 9 the ongoing costs of electronic data processing software,
10 licenses, or other information technology system products
11 related to the granting, renewal, or administration of all
12 licenses under the Department's jurisdiction.
13 (Source: P.A. 103-588, eff. 6-5-24.)

14  (30 ILCS 105/6z-143)

15  Sec. 6z-143 6z-140. Medical Debt Relief Pilot Program

16 Fund. The Medical Debt Relief Pilot Program Fund is created as

17 a special fund in the State treasury. All moneys in the Fund

18 shall be appropriated to the Department of Healthcare and

19 Family Services and expended exclusively for the Medical Debt

20 Relief Pilot Program to provide grant funding to a nonprofit

21 medical debt relief coordinator to be used to discharge the

22 medical debt of eligible residents as defined in the Medical

23 Debt Relief Act. Based on a budget approved by the Department,

24 the grant funding may also be used for any administrative

25 services provided by the nonprofit medical debt relief
    SB2394 Enrolled    - 421 - LRB104 09208 AMC 19265 b

1 coordinator to discharge the medical debt of eligible
2 residents.
3 (Source: P.A. 103-647, eff. 7-1-24; revised 9-24-24.)

4   (30 ILCS 105/8.3)

5   Sec. 8.3. Money in the Road Fund shall, if and when the

6 State of Illinois incurs any bonded indebtedness for the

7 construction of permanent highways, be set aside and used for

8 the purpose of paying and discharging annually the principal

9 and interest on that bonded indebtedness then due and payable,

10 and for no other purpose. The surplus, if any, in the Road Fund

11 after the payment of principal and interest on that bonded

12 indebtedness then annually due shall be used as follows:

13  first -- to pay the cost of administration of Chapters

14  2 through 10 of the Illinois Vehicle Code, except the cost

15  of administration of Articles I and II of Chapter 3 of that

16  Code, and to pay the costs of the Executive Ethics

17  Commission for oversight and administration of the Chief

18  Procurement Officer appointed under paragraph (2) of

19  subsection (a) of Section 10-20 of the Illinois

20  Procurement Code for transportation; and

21  secondly -- for expenses of the Department of

22  Transportation for construction, reconstruction,

23  improvement, repair, maintenance, operation, and

24  administration of highways in accordance with the

25  provisions of laws relating thereto, or for any purpose
    SB2394 Enrolled  - 422 - LRB104 09208 AMC 19265 b

1   related or incident to and connected therewith, including

2   the separation of grades of those highways with railroads

3   and with highways and including the payment of awards made

4   by the Illinois Workers' Compensation Commission under the

5   terms of the Workers' Compensation Act or Workers'

6   Occupational Diseases Act for injury or death of an

7   employee of the Division of Highways in the Department of

8   Transportation; or for the acquisition of land and the

9   erection of buildings for highway purposes, including the

10  acquisition of highway right-of-way or for investigations

11  to determine the reasonably anticipated future highway

12  needs; or for making of surveys, plans, specifications and

13  estimates for and in the construction and maintenance of

14  flight strips and of highways necessary to provide access

15  to military and naval reservations, to defense industries

16  and defense-industry sites, and to the sources of raw

17  materials and for replacing existing highways and highway

18  connections shut off from general public use at military

19  and naval reservations and defense-industry sites, or for

20  the purchase of right-of-way, except that the State shall

21  be reimbursed in full for any expense incurred in building

22  the flight strips; or for the operating and maintaining of

23  highway garages; or for patrolling and policing the public

24  highways and conserving the peace; or for the operating

25  expenses of the Department relating to the administration

26  of public transportation programs; or, during fiscal year
    SB2394 Enrolled  - 423 - LRB104 09208 AMC 19265 b

1   2024, for the purposes of a grant not to exceed $9,108,400

2   to the Regional Transportation Authority on behalf of PACE

3   for the purpose of ADA/Para-transit expenses; or, during

4   fiscal year 2025, for the purposes of a grant not to exceed

5   $10,020,000 to the Regional Transportation Authority on

6   behalf of PACE for the purpose of ADA/Para-transit

7   expenses; or for any of those purposes or any other

8   purpose that may be provided by law.

9   Appropriations for any of those purposes are payable from

10 the Road Fund. Appropriations may also be made from the Road

11 Fund for the administrative expenses of any State agency that

12 are related to motor vehicles or arise from the use of motor

13 vehicles.

14  Beginning with fiscal year 1980 and thereafter, no Road

15 Fund monies shall be appropriated to the following Departments

16 or agencies of State government for administration, grants, or

17 operations; but this limitation is not a restriction upon

18 appropriating for those purposes any Road Fund monies that are

19 eligible for federal reimbursement:

20  1. Department of Public Health;

21  2. Department of Transportation, only with respect to

22  subsidies for one-half fare Student Transportation and

23  Reduced Fare for Elderly, except fiscal year 2024 when no

24  more than $19,063,500 may be expended and except fiscal

25  year 2025 when no more than $20,969,900 may be expended;

26  3. Department of Central Management Services, except
    SB2394 Enrolled         - 424 - LRB104 09208 AMC 19265 b

1   for expenditures incurred for group insurance premiums of

2   appropriate personnel;

3   4. Judicial Systems and Agencies.

4   Beginning with fiscal year 1981 and thereafter, no Road

5 Fund monies shall be appropriated to the following Departments

6 or agencies of State government for administration, grants, or

7 operations; but this limitation is not a restriction upon

8 appropriating for those purposes any Road Fund monies that are

9 eligible for federal reimbursement:

10  1. Illinois State Police, except for expenditures with

11  respect to the Division of Patrol and Division of Criminal

12  Investigation;

13  2. Department of Transportation, only with respect to

14  Intercity Rail Subsidies, except fiscal year 2024 when no

15  more than $60,000,000 may be expended and except fiscal

16  year 2025 when no more than $67,000,000 may be expended,

17  and Rail Freight Services.

18  Beginning with fiscal year 1982 and thereafter, no Road

19 Fund monies shall be appropriated to the following Departments

20 or agencies of State government for administration, grants, or

21 operations; but this limitation is not a restriction upon

22 appropriating for those purposes any Road Fund monies that are

23 eligible for federal reimbursement: Department of Central

24 Management Services, except for awards made by the Illinois

25 Workers' Compensation Commission under the terms of the

26 Workers' Compensation Act or Workers' Occupational Diseases
    SB2394 Enrolled     - 425 - LRB104 09208 AMC 19265 b

1 Act for injury or death of an employee of the Division of

2 Highways in the Department of Transportation.

3   Beginning with fiscal year 1984 and thereafter, no Road

4 Fund monies shall be appropriated to the following Departments

5 or agencies of State government for administration, grants, or

6 operations; but this limitation is not a restriction upon

7 appropriating for those purposes any Road Fund monies that are

8 eligible for federal reimbursement:

9   1. Illinois State Police, except not more than 40% of

10  the funds appropriated for the Division of Patrol and

11  Division of Criminal Investigation;

12  2. State Officers.

13  Beginning with fiscal year 1984 and thereafter, no Road

14 Fund monies shall be appropriated to any Department or agency

15 of State government for administration, grants, or operations

16 except as provided hereafter; but this limitation is not a

17 restriction upon appropriating for those purposes any Road

18 Fund monies that are eligible for federal reimbursement. It

19 shall not be lawful to circumvent the above appropriation

20 limitations by governmental reorganization or other methods.

21 Appropriations shall be made from the Road Fund only in

22 accordance with the provisions of this Section.

23  Money in the Road Fund shall, if and when the State of

24 Illinois incurs any bonded indebtedness for the construction

25 of permanent highways, be set aside and used for the purpose of

26 paying and discharging during each fiscal year the principal
    SB2394 Enrolled  - 426 - LRB104 09208 AMC 19265 b

1 and interest on that bonded indebtedness as it becomes due and

2 payable as provided in the General Obligation Bond Act, and

3 for no other purpose. The surplus, if any, in the Road Fund

4 after the payment of principal and interest on that bonded

5 indebtedness then annually due shall be used as follows:

6   first -- to pay the cost of administration of Chapters

7   2 through 10 of the Illinois Vehicle Code; and

8   secondly -- no Road Fund monies derived from fees,

9   excises, or license taxes relating to registration,

10  operation and use of vehicles on public highways or to

11  fuels used for the propulsion of those vehicles, shall be

12  appropriated or expended other than for costs of

13  administering the laws imposing those fees, excises, and

14  license taxes, statutory refunds and adjustments allowed

15  thereunder, administrative costs of the Department of

16  Transportation, including, but not limited to, the

17  operating expenses of the Department relating to the

18  administration of public transportation programs, payment

19  of debts and liabilities incurred in construction and

20  reconstruction of public highways and bridges, acquisition

21  of rights-of-way for and the cost of construction,

22  reconstruction, maintenance, repair, and operation of

23  public highways and bridges under the direction and

24  supervision of the State, political subdivision, or

25  municipality collecting those monies, or during fiscal

26  year 2024 for the purposes of a grant not to exceed
    SB2394 Enrolled       - 427 - LRB104 09208 AMC 19265 b

1   $9,108,400 to the Regional Transportation Authority on

2   behalf of PACE for the purpose of ADA/Para-transit

3   expenses, or during fiscal year 2025 for the purposes of a

4   grant not to exceed $10,020,000 to the Regional

5   Transportation Authority on behalf of PACE for the purpose

6   of ADA/Para-transit expenses, and the costs for patrolling

7   and policing the public highways (by the State, political

8   subdivision, or municipality collecting that money) for

9   enforcement of traffic laws. The separation of grades of

10  such highways with railroads and costs associated with

11  protection of at-grade highway and railroad crossing shall

12  also be permissible.

13  Appropriations for any of such purposes are payable from

14 the Road Fund or the Grade Crossing Protection Fund as

15 provided in Section 8 of the Motor Fuel Tax Law.

16  Except as provided in this paragraph, beginning with

17 fiscal year 1991 and thereafter, no Road Fund monies shall be

18 appropriated to the Illinois State Police for the purposes of

19 this Section in excess of its total fiscal year 1990 Road Fund

20 appropriations for those purposes unless otherwise provided in

21 Section 5g of this Act. For fiscal years 2003, 2004, 2005,

22 2006, and 2007 only, no Road Fund monies shall be appropriated

23 to the Department of State Police for the purposes of this

24 Section in excess of $97,310,000. For fiscal year 2008 only,

25 no Road Fund monies shall be appropriated to the Department of

26 State Police for the purposes of this Section in excess of
    SB2394 Enrolled         - 428 - LRB104 09208 AMC 19265 b

1 $106,100,000. For fiscal year 2009 only, no Road Fund monies

2 shall be appropriated to the Department of State Police for

3 the purposes of this Section in excess of $114,700,000.

4 Beginning in fiscal year 2010, no Road Fund moneys shall be

5 appropriated to the Illinois State Police. It shall not be

6 lawful to circumvent this limitation on appropriations by

7 governmental reorganization or other methods unless otherwise

8 provided in Section 5g of this Act.

9   In fiscal year 1994, no Road Fund monies shall be

10 appropriated to the Secretary of State for the purposes of

11 this Section in excess of the total fiscal year 1991 Road Fund

12 appropriations to the Secretary of State for those purposes,

13 plus $9,800,000. It shall not be lawful to circumvent this

14 limitation on appropriations by governmental reorganization or

15 other method.

16  Beginning with fiscal year 1995 and thereafter, no Road

17 Fund monies shall be appropriated to the Secretary of State

18 for the purposes of this Section in excess of the total fiscal

19 year 1994 Road Fund appropriations to the Secretary of State

20 for those purposes. It shall not be lawful to circumvent this

21 limitation on appropriations by governmental reorganization or

22 other methods.

23  Beginning with fiscal year 2000, total Road Fund

24 appropriations to the Secretary of State for the purposes of

25 this Section shall not exceed the amounts specified for the

26 following fiscal years:
    SB2394 Enrolled   - 429 - LRB104 09208 AMC 19265 b

1   Fiscal Year 2000                        $80,500,000;

2   Fiscal Year 2001                        $80,500,000;

3   Fiscal Year 2002                        $80,500,000;

4   Fiscal Year 2003                        $130,500,000;

5   Fiscal Year 2004                        $130,500,000;

6   Fiscal Year 2005                        $130,500,000;

7   Fiscal Year 2006                        $130,500,000;

8   Fiscal Year 2007                        $130,500,000;

9   Fiscal Year 2008                        $130,500,000;

10  Fiscal Year 2009                        $130,500,000.

11  For fiscal year 2010, no road fund moneys shall be

12 appropriated to the Secretary of State.

13  Beginning in fiscal year 2011, moneys in the Road Fund

14 shall be appropriated to the Secretary of State for the

15 exclusive purpose of paying refunds due to overpayment of fees

16 related to Chapter 3 of the Illinois Vehicle Code unless

17 otherwise provided for by law.

18  Beginning in fiscal year 2025, moneys in the Road Fund may

19 be appropriated to the Environmental Protection Agency for the

20 exclusive purpose of making deposits into the Electric Vehicle

21 Rebate Fund, subject to appropriation, to be used for purposes

22 consistent with Section 11 of Article IX of the Illinois

23 Constitution.

24  It shall not be lawful to circumvent this limitation on

25 appropriations by governmental reorganization or other

26 methods.
    SB2394 Enrolled  - 430 - LRB104 09208 AMC 19265 b

1   No new program may be initiated in fiscal year 1991 and

2 thereafter that is not consistent with the limitations imposed

3 by this Section for fiscal year 1984 and thereafter, insofar

4 as appropriation of Road Fund monies is concerned.

5   Nothing in this Section prohibits transfers from the Road

6 Fund to the State Construction Account Fund under Section 5e

7 of this Act; nor to the General Revenue Fund, as authorized by

8 Public Act 93-25.

9   The additional amounts authorized for expenditure in this

10 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

11 shall be repaid to the Road Fund from the General Revenue Fund

12 in the next succeeding fiscal year that the General Revenue

13 Fund has a positive budgetary balance, as determined by

14 generally accepted accounting principles applicable to

15 government.

16  The additional amounts authorized for expenditure by the

17 Secretary of State and the Department of State Police in this

18 Section by Public Act 94-91 shall be repaid to the Road Fund

19 from the General Revenue Fund in the next succeeding fiscal

20 year that the General Revenue Fund has a positive budgetary

21 balance, as determined by generally accepted accounting

22 principles applicable to government.

23 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

24 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.

25 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,

26 eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
    SB2394 Enrolled     - 431 - LRB104 09208 AMC 19265 b

1   (30 ILCS 105/8g-1)

2   Sec. 8g-1. Fund transfers.

3   (a) (Blank).

4   (b) (Blank).

5   (c) (Blank).

6   (d) (Blank).

7   (e) (Blank).

8   (f) (Blank).

9   (g) (Blank).

10  (h) (Blank).

11  (i) (Blank).

12  (j) (Blank).

13  (k) (Blank).

14  (l) (Blank).

15  (m) (Blank).

16  (n) (Blank).

17  (o) (Blank).

18  (p) (Blank).

19  (q) (Blank).

20  (r) (Blank).

21  (s) (Blank).

22  (t) (Blank).

23  (u) (Blank).

24  (v) (Blank).

25  (w) (Blank).
    SB2394 Enrolled  - 432 - LRB104 09208 AMC 19265 b

1   (x) (Blank).

2   (y) (Blank).

3   (z) (Blank).

4   (aa) (Blank).

5   (bb) (Blank).

6   (cc) (Blank).

7   (dd) (Blank).

8   (ee) (Blank).

9   (ff) (Blank).

10  (gg) (Blank).

11  (hh) (Blank).

12  (ii) (Blank).

13  (jj) (Blank).

14  (kk) (Blank).

15  (ll) (Blank).

16  (mm) In addition to any other transfers that may be

17 provided for by law, beginning on June 7, 2023 (the effective

18 date of the changes made to this Section by Public Act 103-8)

19 this amendatory Act of the 103rd General Assembly and until

20 June 30, 2024, as directed by the Governor, the State

21 Comptroller shall direct and the State Treasurer shall

22 transfer up to a total of $1,500,000,000 from the General

23 Revenue Fund to the State Coronavirus Urgent Remediation

24 Emergency Fund.

25  (nn) In addition to any other transfers that may be

26 provided for by law, beginning on June 7, 2023 (the effective
    SB2394 Enrolled  - 433 - LRB104 09208 AMC 19265 b

1 date of the changes made to this Section by Public Act 103-8)

2 this amendatory Act of the 103rd General Assembly and until

3 June 30, 2024, as directed by the Governor, the State

4 Comptroller shall direct and the State Treasurer shall

5 transfer up to a total of $424,000,000 from the General

6 Revenue Fund to the Build Illinois Bond Fund.

7   (oo) In addition to any other transfers that may be

8 provided for by law, on July 1, 2023, or as soon thereafter as

9 practical, the State Comptroller shall direct and the State

10 Treasurer shall transfer the sum of $500,000 from the General

11 Revenue Fund to the Governor's Administrative Fund.

12  (pp) In addition to any other transfers that may be

13 provided for by law, on July 1, 2023, or as soon thereafter as

14 practical, the State Comptroller shall direct and the State

15 Treasurer shall transfer the sum of $500,000 from the General

16 Revenue Fund to the Grant Accountability and Transparency

17 Fund.

18  (qq) In addition to any other transfers that may be

19 provided for by law, beginning on July 1, 2024 (the effective

20 date of the changes made to this Section by Public Act 103-588)

21 this amendatory Act of the 103rd General Assembly and until

22 June 30, 2024, as directed by the Governor, the State

23 Comptroller shall direct and the State Treasurer shall

24 transfer up to a total of $350,000,000 from the General

25 Revenue Fund to the Fund for Illinois' Future.

26  (rr) In addition to any other transfers that may be
    SB2394 Enrolled  - 434 - LRB104 09208 AMC 19265 b

1 provided for by law, on July 1, 2024, or as soon thereafter as

2 practical, the State Comptroller shall direct and the State

3 Treasurer shall transfer the sum of $500,000 from the General

4 Revenue Fund to the Governor's Administrative Fund.

5   (ss) In addition to any other transfers that may be

6 provided for by law, on July 1, 2024, or as soon thereafter as

7 practical, the State Comptroller shall direct and the State

8 Treasurer shall transfer the sum of $500,000 from the General

9 Revenue Fund to the Grant Accountability and Transparency

10 Fund.

11  (tt) In addition to any other transfers that may be

12 provided for by law, on July 1, 2024, or as soon thereafter as

13 practical, the State Comptroller shall direct and the State

14 Treasurer shall transfer the sum of $25,000,000 from the

15 Violent Crime Witness Protection Program Fund to the General

16 Revenue Fund.

17 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

18 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,

19 Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;

20 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)

21  Section 230. The Local Government Debt Reform Act is

22 amended by changing Section 17 as follows:

23  (30 ILCS 350/17) (from Ch. 17, par. 6917)

24  Sec. 17. Leases and installment contracts.
    SB2394 Enrolled  - 435 - LRB104 09208 AMC 19265 b

1   (a) Interest not debt; debt on leases and installment

2 contracts. Interest on bonds shall not be included in any

3 computation of indebtedness of a governmental unit for the

4 purpose of any statutory provision or limitation. For bonds

5 consisting of leases and installment or financing contracts:,

6   (1) that portion of payments made by a governmental

7   unit under the terms of a bond designated as interest in

8   the bond or the ordinance authorizing such bond shall be

9   treated as interest for purposes of this Section;

10  (2) where portions of payments due under the terms of

11  a bond have not been designated as interest in the bond or

12  the ordinance authorizing such bond, and all or a portion

13  of such payments is to be used for the payment of principal

14  of and interest on other bonds of the governmental unit or

15  bonds issued by another unit of local government, such as

16  a public building commission, the payments equal to

17  interest due on such corresponding bonds shall be treated

18  as interest for purposes of this Section; and

19  (3) where portions of payments due under the terms of

20  a bond have not been designated as interest in the bond or

21  ordinance authorizing such bond and no portion of any such

22  payment is to be used for the payment of principal of and

23  interest on other bonds of the governmental unit or

24  another unit of local government, a portion of each

25  payment due under the terms of such bond shall be treated

26  as interest for purposes of this Section; such portion
    SB2394 Enrolled      - 436 - LRB104 09208 AMC 19265 b

1   shall be equal in amount to the interest that would have

2   been paid on a notional obligation of the governmental

3   unit (bearing interest at the highest rate permitted by

4   law for bonds of the governmental unit at the time the bond

5   was issued or, if no such limit existed, 12%) on which the

6   payments of principal and interest were due at the same

7   times and in the same amounts as payments are due under the

8   terms of the bonds.

9   The rule set forth in this Section shall be applicable to

10 all interest no matter when earned or accrued or at what

11 interval paid, and whether or not a bond bears interest which

12 compounds at certain intervals. For purposes of bonds sold at

13 amounts less than 95% of their stated value at maturity,

14 interest for purposes of this Section includes the difference

15 between the amount set forth on the face of the bond as the

16 original principal amount and the bond's stated value at

17 maturity.

18  This subsection may be made applicable to bonds issued

19 prior to the effective date of this Act by passage of an

20 ordinance to such effect by the governing body of a

21 governmental unit.

22  (b) Purchase or lease of property. The governing body of

23 each governmental unit may purchase or lease either real or

24 personal property, including investments, investment

25 agreements, or investment services, through agreements that

26 provide that the consideration for the purchase or lease may
SB2394 Enrolled  - 437 - LRB104 09208 AMC 19265 b

 1 be paid through installments made at stated intervals for a
 2 period of no more than 20 years or another period of time
 3 authorized by law, whichever is greater; provided, however,
 4 that investments, investment agreements, or investment
 5 services purchased in connection with a bond issue may be paid
 6 through installments made at stated intervals for a period of
 7 time not in excess of the maximum term of such bond issue. Each
 8 governmental unit may issue certificates evidencing the
 9 indebtedness incurred under the lease or agreement. The
10 governing body may provide for the treasurer, comptroller,
11 finance officer, or other officer of the governing body
12 charged with financial administration to act as counter-party
13 to any such lease or agreement, as nominee lessor or seller.
14 When the lease or agreement is executed by the officer of the
15 governmental unit authorized by the governing body to bind the
16 governmental unit thereon by the execution thereof and is
17 filed with and executed by the nominee lessor or seller, the
18 lease or agreement shall be sufficiently executed so as to
19 permit the governmental unit to issue certificates evidencing
20 the indebtedness incurred under the lease or agreement. The
21 certificates shall be valid whether or not an appropriation
22 with respect thereto is included in any annual or supplemental
23 budget adopted by the governmental unit. From time to time, as
24 the governing body executes contracts for the purpose of
25 acquiring and constructing the services or real or personal
26 property that is a part of the subject of the lease or
    SB2394 Enrolled  - 438 - LRB104 09208 AMC 19265 b

1 agreement, including financial, legal, architectural, and

2 engineering services related to the lease or agreement, the

3 contracts shall be filed with the nominee officer, and that

4 officer shall identify the contracts to the lease or

5 agreement; that identification shall permit the payment of the

6 contract from the proceeds of the certificates; and the

7 nominee officer shall duly apply or cause to be applied

8 proceeds of the certificates to the payment of the contracts.

9 The governing body of each governmental unit may sell, lease,

10 convey, and reacquire either real or personal property, or any

11 interest in real or personal property, upon any terms and

12 conditions and in any manner, as the governing body shall

13 determine, if the governmental unit will lease, acquire by

14 purchase agreement, or otherwise reacquire the property, as

15 authorized by this subsection or any other applicable law.

16  All indebtedness incurred under this subsection, when

17 aggregated with the existing indebtedness of the governmental

18 unit, may not exceed the debt limits provided by applicable

19 law.

20 (Source: P.A. 103-591, eff. 7-1-24; revised 7-24-24.)

21  Section 235. The Build Illinois Bond Act is amended by

22 changing Section 6 as follows:

23  (30 ILCS 425/6) (from Ch. 127, par. 2806)

24  Sec. 6. Conditions for issuance and sale of Bonds;
   SB2394 Enrolled            - 439 - LRB104 09208 AMC 19265 b

1 requirements Bonds - requirements for Bonds; master Bonds -

2 master and supplemental indentures; credit indentures - credit

3 and liquidity enhancement.

4  (a) Bonds shall be issued and sold from time to time, in

5 one or more series, in such amounts and at such prices as

6 directed by the Governor, upon recommendation by the Director

7 of the Governor's Office of Management and Budget. Bonds shall

8 be payable only from the specific sources and secured in the

9 manner provided in this Act. Bonds shall be in such form, in

10 such denominations, mature on such dates within 25 years from

11 their date of issuance, be subject to optional or mandatory

12 redemption, bear interest payable at such times and at such

13 rate or rates, fixed or variable, and be dated as shall be

14 fixed and determined by the Director of the Governor's Office

15 of Management and Budget in an order authorizing the issuance

16 and sale of any series of Bonds, which order shall be approved

17 by the Governor and is herein called a "Bond Sale Order";

18 provided, however, that interest payable at fixed rates shall

19 not exceed that permitted in the Bond Authorization Act "An

20 Act to authorize public corporations to issue bonds, other

21 evidences of indebtedness and tax anticipation warrants

22 subject to interest rate limitations set forth therein",

23 approved May 26, 1970, as now or hereafter amended, and

24 interest payable at variable rates shall not exceed the

25 maximum rate permitted in the Bond Sale Order. Said Bonds

26 shall be payable at such place or places, within or without the
    SB2394 Enrolled  - 440 - LRB104 09208 AMC 19265 b

1 State of Illinois, and may be made registrable as to either

2 principal only or as to both principal and interest, as shall

3 be specified in the Bond Sale Order. Bonds may be callable or

4 subject to purchase and retirement or remarketing as fixed and

5 determined in the Bond Sale Order. Bonds (i) except for

6 refunding Bonds satisfying the requirements of Section 15 of

7 this Act must be issued with principal or mandatory redemption

8 amounts in equal amounts, with the first maturity issued

9 occurring within the fiscal year in which the Bonds are issued

10 or within the next succeeding fiscal year, except that Bonds

11 issued during fiscal year 2025 may be issued with principal or

12 mandatory redemption amounts in unequal amounts, and (ii) must

13 mature or be subject to mandatory redemption each fiscal year

14 thereafter up to 25 years, except for refunding Bonds

15 satisfying the requirements of Section 15 of this Act and sold

16 during fiscal year 2009, 2010, or 2011 which must mature or be

17 subject to mandatory redemption each fiscal year thereafter up

18 to 16 years.

19  All Bonds authorized under this Act shall be issued

20 pursuant to a master trust indenture ("Master Indenture")

21 executed and delivered on behalf of the State by the Director

22 of the Governor's Office of Management and Budget, such Master

23 Indenture to be in substantially the form approved in the Bond

24 Sale Order authorizing the issuance and sale of the initial

25 series of Bonds issued under this Act. Such initial series of

26 Bonds may, and each subsequent series of Bonds shall, also be
    SB2394 Enrolled  - 441 - LRB104 09208 AMC 19265 b

1 issued pursuant to a supplemental trust indenture

2 ("Supplemental Indenture") executed and delivered on behalf of

3 the State by the Director of the Governor's Office of

4 Management and Budget, each such Supplemental Indenture to be

5 in substantially the form approved in the Bond Sale Order

6 relating to such series. The Master Indenture and any

7 Supplemental Indenture shall be entered into with a bank or

8 trust company in the State of Illinois having trust powers and

9 possessing capital and surplus of not less than $100,000,000.

10 Such indentures shall set forth the terms and conditions of

11 the Bonds and provide for payment of and security for the

12 Bonds, including the establishment and maintenance of debt

13 service and reserve funds, and for other protections for

14 holders of the Bonds. The term "reserve funds" as used in this

15 Act shall include funds and accounts established under

16 indentures to provide for the payment of principal of and

17 premium and interest on Bonds, to provide for the purchase,

18 retirement, or defeasance of Bonds, to provide for fees of

19 trustees, registrars, paying agents, and other fiduciaries and

20 to provide for payment of costs of and debt service payable in

21 respect of credit or liquidity enhancement arrangements,

22 interest rate swaps or guarantees, or financial futures

23 contracts and indexing and remarketing agents' services.

24  In the case of any series of Bonds bearing interest at a

25 variable interest rate ("Variable Rate Bonds"), in lieu of

26 determining the rate or rates at which such series of Variable
    SB2394 Enrolled  - 442 - LRB104 09208 AMC 19265 b

1 Rate Bonds shall bear interest and the price or prices at which

2 such Variable Rate Bonds shall be initially sold or remarketed

3 (in the event of purchase and subsequent resale), the Bond

4 Sale Order may provide that such interest rates and prices may

5 vary from time to time depending on criteria established in

6 such Bond Sale Order, which criteria may include, without

7 limitation, references to indices or variations in interest

8 rates as may, in the judgment of a remarketing agent, be

9 necessary to cause Bonds of such series to be remarketable

10 from time to time at a price equal to their principal amount

11 (or compound accreted value in the case of original issue

12 discount Bonds), and may provide for appointment of indexing

13 agents and a bank, trust company, investment bank, or other

14 financial institution to serve as remarketing agent in that

15 connection. The Bond Sale Order may provide that alternative

16 interest rates or provisions for establishing alternative

17 interest rates, different security or claim priorities, or

18 different call or amortization provisions will apply during

19 such times as Bonds of any series are held by a person

20 providing credit or liquidity enhancement arrangements for

21 such Bonds as authorized in subsection (b) of Section 6 of this

22 Act.

23  (b) In connection with the issuance of any series of

24 Bonds, the State may enter into arrangements to provide

25 additional security and liquidity for such Bonds, including,

26 without limitation, bond or interest rate insurance or letters
SB2394 Enrolled  - 443 - LRB104 09208 AMC 19265 b

 1 of credit, lines of credit, bond purchase contracts, or other
 2 arrangements whereby funds are made available to retire or
 3 purchase Bonds, thereby assuring the ability of owners of the
 4 Bonds to sell or redeem their Bonds. The State may enter into
 5 contracts and may agree to pay fees to persons providing such
 6 arrangements, but only under circumstances where the Director
 7 of the Bureau of the Budget (now Governor's Office of
 8 Management and Budget) certifies that he reasonably expects
 9 the total interest paid or to be paid on the Bonds, together
10 with the fees for the arrangements (being treated as if
11 interest), would not, taken together, cause the Bonds to bear
12 interest, calculated to their stated maturity, at a rate in
13 excess of the rate which the Bonds would bear in the absence of
14 such arrangements. Any bonds, notes, or other evidences of
15 indebtedness issued pursuant to any such arrangements for the
16 purpose of retiring and discharging outstanding Bonds shall
17 constitute refunding Bonds under Section 15 of this Act. The
18 State may participate in and enter into arrangements with
19 respect to interest rate swaps or guarantees or financial
20 futures contracts for the purpose of limiting or restricting
21 interest rate risk; provided that such arrangements shall be
22 made with or executed through banks having capital and surplus
23 of not less than $100,000,000 or insurance companies holding
24 the highest policyholder rating accorded insurers by A.M. Best
25 & Co. or any comparable rating service or government bond
26 dealers reporting to, trading with, and recognized as primary
    SB2394 Enrolled          - 444 - LRB104 09208 AMC 19265 b

1 dealers by a Federal Reserve Bank and having capital and

2 surplus of not less than $100,000,000, or other persons whose

3 debt securities are rated in the highest long-term categories

4 by both Moody's Investors' Services, Inc. and Standard &

5 Poor's Corporation. Agreements incorporating any of the

6 foregoing arrangements may be executed and delivered by the

7 Director of the Governor's Office of Management and Budget on

8 behalf of the State in substantially the form approved in the

9 Bond Sale Order relating to such Bonds.

10  (c) "Build America Bonds" in this Section means Bonds

11 authorized by Section 54AA of the Internal Revenue Code of

12 1986, as amended ("Internal Revenue Code"), and bonds issued

13 from time to time to refund or continue to refund "Build

14 America Bonds".

15 (Source: P.A. 103-591, eff. 7-1-24; revised 7-24-24.)

16  Section 240. The Illinois Procurement Code is amended by

17 changing Sections 1-10, 20-60, 45-57, and 45-105 as follows:

18  (30 ILCS 500/1-10)

19  Sec. 1-10. Application.

20  (a) This Code applies only to procurements for which

21 bidders, offerors, potential contractors, or contractors were

22 first solicited on or after July 1, 1998. This Code shall not

23 be construed to affect or impair any contract, or any

24 provision of a contract, entered into based on a solicitation
    SB2394 Enrolled     - 445 - LRB104 09208 AMC 19265 b

1 prior to the implementation date of this Code as described in

2 Article 99, including, but not limited to, any covenant

3 entered into with respect to any revenue bonds or similar

4 instruments. All procurements for which contracts are

5 solicited between the effective date of Articles 50 and 99 and

6 July 1, 1998 shall be substantially in accordance with this

7 Code and its intent.

8   (b) This Code shall apply regardless of the source of the

9 funds with which the contracts are paid, including federal

10 assistance moneys. This Code shall not apply to:

11  (1) Contracts between the State and its political

12  subdivisions or other governments, or between State

13  governmental bodies, except as specifically provided in

14  this Code.

15  (2) Grants, except for the filing requirements of

16  Section 20-80.

17  (3) Purchase of care, except as provided in Section

18  5-30.6 of the Illinois Public Aid Code and this Section.

19  (4) Hiring of an individual as an employee and not as

20  an independent contractor, whether pursuant to an

21  employment code or policy or by contract directly with

22  that individual.

23  (5) Collective bargaining contracts.

24  (6) Purchase of real estate, except that notice of

25  this type of contract with a value of more than $25,000

26  must be published in the Procurement Bulletin within 10
    SB2394 Enrolled  - 446 - LRB104 09208 AMC 19265 b

1   calendar days after the deed is recorded in the county of

2   jurisdiction. The notice shall identify the real estate

3   purchased, the names of all parties to the contract, the

4   value of the contract, and the effective date of the

5   contract.

6   (7) Contracts necessary to prepare for anticipated

7   litigation, enforcement actions, or investigations,

8   provided that the chief legal counsel to the Governor

9   shall give his or her prior approval when the procuring

10  agency is one subject to the jurisdiction of the Governor,

11  and provided that the chief legal counsel of any other

12  procuring entity subject to this Code shall give his or

13  her prior approval when the procuring entity is not one

14  subject to the jurisdiction of the Governor.

15  (8) (Blank).

16  (9) Procurement expenditures by the Illinois

17  Conservation Foundation when only private funds are used.

18  (10) (Blank).

19  (11) Public-private agreements entered into according

20  to the procurement requirements of Section 20 of the

21  Public-Private Partnerships for Transportation Act and

22  design-build agreements entered into according to the

23  procurement requirements of Section 25 of the

24  Public-Private Partnerships for Transportation Act.

25  (12) (A) Contracts for legal, financial, and other

26  professional and artistic services entered into by the
    SB2394 Enrolled  - 447 - LRB104 09208 AMC 19265 b

1   Illinois Finance Authority in which the State of Illinois

2   is not obligated. Such contracts shall be awarded through

3   a competitive process authorized by the members of the

4   Illinois Finance Authority and are subject to Sections

5   5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

6   as well as the final approval by the members of the

7   Illinois Finance Authority of the terms of the contract.

8   (B) Contracts for legal and financial services entered

9   into by the Illinois Housing Development Authority in

10  connection with the issuance of bonds in which the State

11  of Illinois is not obligated. Such contracts shall be

12  awarded through a competitive process authorized by the

13  members of the Illinois Housing Development Authority and

14  are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

15  and 50-37 of this Code, as well as the final approval by

16  the members of the Illinois Housing Development Authority

17  of the terms of the contract.

18  (13) Contracts for services, commodities, and

19  equipment to support the delivery of timely forensic

20  science services in consultation with and subject to the

21  approval of the Chief Procurement Officer as provided in

22  subsection (d) of Section 5-4-3a of the Unified Code of

23  Corrections, except for the requirements of Sections

24  20-60, 20-65, 20-70, and 20-160 and Article 50 of this

25  Code; however, the Chief Procurement Officer may, in

26  writing with justification, waive any certification
    SB2394 Enrolled  - 448 - LRB104 09208 AMC 19265 b

1   required under Article 50 of this Code. For any contracts

2   for services which are currently provided by members of a

3   collective bargaining agreement, the applicable terms of

4   the collective bargaining agreement concerning

5   subcontracting shall be followed.

6   On and after January 1, 2019, this paragraph (13),

7   except for this sentence, is inoperative.

8   (14) Contracts for participation expenditures required

9   by a domestic or international trade show or exhibition of

10  an exhibitor, member, or sponsor.

11  (15) Contracts with a railroad or utility that

12  requires the State to reimburse the railroad or utilities

13  for the relocation of utilities for construction or other

14  public purpose. Contracts included within this paragraph

15  (15) shall include, but not be limited to, those

16  associated with: relocations, crossings, installations,

17  and maintenance. For the purposes of this paragraph (15),

18  "railroad" means any form of non-highway ground

19  transportation that runs on rails or electromagnetic

20  guideways and "utility" means: (1) public utilities as

21  defined in Section 3-105 of the Public Utilities Act, (2)

22  telecommunications carriers as defined in Section 13-202

23  of the Public Utilities Act, (3) electric cooperatives as

24  defined in Section 3.4 of the Electric Supplier Act, (4)

25  telephone or telecommunications cooperatives as defined in

26  Section 13-212 of the Public Utilities Act, (5) rural
    SB2394 Enrolled  - 449 - LRB104 09208 AMC 19265 b

1   water or waste water systems with 10,000 connections or

2   less, (6) a holder as defined in Section 21-201 of the

3   Public Utilities Act, and (7) municipalities owning or

4   operating utility systems consisting of public utilities

5   as that term is defined in Section 11-117-2 of the

6   Illinois Municipal Code.

7   (16) Procurement expenditures necessary for the

8   Department of Public Health to provide the delivery of

9   timely newborn screening services in accordance with the

10  Newborn Metabolic Screening Act.

11  (17) Procurement expenditures necessary for the

12  Department of Agriculture, the Department of Financial and

13  Professional Regulation, the Department of Human Services,

14  and the Department of Public Health to implement the

15  Compassionate Use of Medical Cannabis Program and Opioid

16  Alternative Pilot Program requirements and ensure access

17  to medical cannabis for patients with debilitating medical

18  conditions in accordance with the Compassionate Use of

19  Medical Cannabis Program Act.

20  (18) This Code does not apply to any procurements

21  necessary for the Department of Agriculture, the

22  Department of Financial and Professional Regulation, the

23  Department of Human Services, the Department of Commerce

24  and Economic Opportunity, and the Department of Public

25  Health to implement the Cannabis Regulation and Tax Act if

26  the applicable agency has made a good faith determination
    SB2394 Enrolled  - 450 - LRB104 09208 AMC 19265 b

1   that it is necessary and appropriate for the expenditure

2   to fall within this exemption and if the process is

3   conducted in a manner substantially in accordance with the

4   requirements of Sections 20-160, 25-60, 30-22, 50-5,

5   50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

6   50-36, 50-37, 50-38, and 50-50 of this Code; however, for

7   Section 50-35, compliance applies only to contracts or

8   subcontracts over $100,000. Notice of each contract

9   entered into under this paragraph (18) that is related to

10  the procurement of goods and services identified in

11  paragraph (1) through (9) of this subsection shall be

12  published in the Procurement Bulletin within 14 calendar

13  days after contract execution. The Chief Procurement

14  Officer shall prescribe the form and content of the

15  notice. Each agency shall provide the Chief Procurement

16  Officer, on a monthly basis, in the form and content

17  prescribed by the Chief Procurement Officer, a report of

18  contracts that are related to the procurement of goods and

19  services identified in this subsection. At a minimum, this

20  report shall include the name of the contractor, a

21  description of the supply or service provided, the total

22  amount of the contract, the term of the contract, and the

23  exception to this Code utilized. A copy of any or all of

24  these contracts shall be made available to the Chief

25  Procurement Officer immediately upon request. The Chief

26  Procurement Officer shall submit a report to the Governor
    SB2394 Enrolled  - 451 - LRB104 09208 AMC 19265 b

1   and General Assembly no later than November 1 of each year

2   that includes, at a minimum, an annual summary of the

3   monthly information reported to the Chief Procurement

4   Officer. This exemption becomes inoperative 5 years after

5   June 25, 2019 (the effective date of Public Act 101-27).

6   (19) Acquisition of modifications or adjustments,

7   limited to assistive technology devices and assistive

8   technology services, adaptive equipment, repairs, and

9   replacement parts to provide reasonable accommodations (i)

10  that enable a qualified applicant with a disability to

11  complete the job application process and be considered for

12  the position such qualified applicant desires, (ii) that

13  modify or adjust the work environment to enable a

14  qualified current employee with a disability to perform

15  the essential functions of the position held by that

16  employee, (iii) to enable a qualified current employee

17  with a disability to enjoy equal benefits and privileges

18  of employment as are enjoyed by other similarly situated

19  employees without disabilities, and (iv) that allow a

20  customer, client, claimant, or member of the public

21  seeking State services full use and enjoyment of and

22  access to its programs, services, or benefits.

23  For purposes of this paragraph (19):

24  "Assistive technology devices" means any item, piece

25  of equipment, or product system, whether acquired

26  commercially off the shelf, modified, or customized, that
    SB2394 Enrolled  - 452 - LRB104 09208 AMC 19265 b

1   is used to increase, maintain, or improve functional

2   capabilities of individuals with disabilities.

3   "Assistive technology services" means any service that

4   directly assists an individual with a disability in

5   selection, acquisition, or use of an assistive technology

6   device.

7   "Qualified" has the same meaning and use as provided

8   under the federal Americans with Disabilities Act when

9   describing an individual with a disability.

10  (20) Procurement expenditures necessary for the

11  Illinois Commerce Commission to hire third-party

12  facilitators pursuant to Sections 16-105.17 and 16-108.18

13  of the Public Utilities Act or an ombudsman pursuant to

14  Section 16-107.5 of the Public Utilities Act, a

15  facilitator pursuant to Section 16-105.17 of the Public

16  Utilities Act, or a grid auditor pursuant to Section

17  16-105.10 of the Public Utilities Act.

18  (21) Procurement expenditures for the purchase,

19  renewal, and expansion of software, software licenses, or

20  software maintenance agreements that support the efforts

21  of the Illinois State Police to enforce, regulate, and

22  administer the Firearm Owners Identification Card Act, the

23  Firearm Concealed Carry Act, the Firearms Restraining

24  Order Act, the Firearm Dealer License Certification Act,

25  the Law Enforcement Agencies Data System (LEADS), the

26  Uniform Crime Reporting Act, the Criminal Identification
    SB2394 Enrolled  - 453 - LRB104 09208 AMC 19265 b

1   Act, the Illinois Uniform Conviction Information Act, and

2   the Gun Trafficking Information Act, or establish or

3   maintain record management systems necessary to conduct

4   human trafficking investigations or gun trafficking or

5   other stolen firearm investigations. This paragraph (21)

6   applies to contracts entered into on or after January 10,

7   2023 (the effective date of Public Act 102-1116) and the

8   renewal of contracts that are in effect on January 10,

9   2023 (the effective date of Public Act 102-1116).

10  (22) Contracts for project management services and

11  system integration services required for the completion of

12  the State's enterprise resource planning project. This

13  exemption becomes inoperative 5 years after June 7, 2023

14  (the effective date of the changes made to this Section by

15  Public Act 103-8). This paragraph (22) applies to

16  contracts entered into on or after June 7, 2023 (the

17  effective date of the changes made to this Section by

18  Public Act 103-8) and the renewal of contracts that are in

19  effect on June 7, 2023 (the effective date of the changes

20  made to this Section by Public Act 103-8).

21  (23) Procurements necessary for the Department of

22  Insurance to implement the Illinois Health Benefits

23  Exchange Law if the Department of Insurance has made a

24  good faith determination that it is necessary and

25  appropriate for the expenditure to fall within this

26  exemption. The procurement process shall be conducted in a
    SB2394 Enrolled  - 454 - LRB104 09208 AMC 19265 b

1   manner substantially in accordance with the requirements

2   of Sections 20-160 and 25-60 and Article 50 of this Code. A

3   copy of these contracts shall be made available to the

4   Chief Procurement Officer immediately upon request. This

5   paragraph is inoperative 5 years after June 27, 2023 (the

6   effective date of Public Act 103-103).

7   (24) Contracts for public education programming,

8   noncommercial sustaining announcements, public service

9   announcements, and public awareness and education

10  messaging with the nonprofit trade associations of the

11  providers of those services that inform the public on

12  immediate and ongoing health and safety risks and hazards.

13  (25) Procurements necessary for the Department of

14  Early Childhood to implement the Department of Early

15  Childhood Act if the Department has made a good faith

16  determination that it is necessary and appropriate for the

17  expenditure to fall within this exemption. This exemption

18  shall only be used for products and services procured

19  solely for use by the Department of Early Childhood. The

20  procurements may include those necessary to design and

21  build integrated, operational systems of programs and

22  services. The procurements may include, but are not

23  limited to, those necessary to align and update program

24  standards, integrate funding systems, design and establish

25  data and reporting systems, align and update models for

26  technical assistance and professional development, design
    SB2394 Enrolled         - 455 - LRB104 09208 AMC 19265 b

1   systems to manage grants and ensure compliance, design and

2   implement management and operational structures, and

3   establish new means of engaging with families, educators,

4   providers, and stakeholders. The procurement processes

5   shall be conducted in a manner substantially in accordance

6   with the requirements of Article 50 (ethics) and Sections

7   5-5 (Procurement Policy Board), 5-7 (Commission on Equity

8   and Inclusion), 20-80 (contract files), 20-120

9   (subcontractors),       20-155  (paperwork),  20-160

10  (ethics/campaign contribution prohibitions), 25-60

11  (prevailing wage), and 25-90 (prohibited and authorized

12  cybersecurity) of this Code. Beginning January 1, 2025,

13  the Department of Early Childhood shall provide a

14  quarterly report to the General Assembly detailing a list

15  of expenditures and contracts for which the Department

16  uses this exemption. This paragraph is inoperative on and

17  after July 1, 2027.

18  (26) (25) Procurements that are necessary for

19  increasing the recruitment and retention of State

20  employees, particularly minority candidates for

21  employment, including:

22  (A) procurements related to registration fees for

23  job fairs and other outreach and recruitment events;

24  (B) production of recruitment materials; and

25  (C) other services related to recruitment and

26  retention of State employees.
    SB2394 Enrolled  - 456 - LRB104 09208 AMC 19265 b

1   The exemption under this paragraph (26) (25) applies

2   only if the State agency has made a good faith

3   determination that it is necessary and appropriate for the

4   expenditure to fall within this paragraph (26) (25). The

5   procurement process under this paragraph (26) (25) shall

6   be conducted in a manner substantially in accordance with

7   the requirements of Sections 20-160 and 25-60 and Article

8   50 of this Code. A copy of these contracts shall be made

9   available to the Chief Procurement Officer immediately

10  upon request. Nothing in this paragraph (26) (25)

11  authorizes the replacement or diminishment of State

12  responsibilities in hiring or the positions that

13  effectuate that hiring. This paragraph (26) (25) is

14  inoperative on and after June 30, 2029.

15  Notwithstanding any other provision of law, for contracts

16 with an annual value of more than $100,000 entered into on or

17 after October 1, 2017 under an exemption provided in any

18 paragraph of this subsection (b), except paragraph (1), (2),

19 or (5), each State agency shall post to the appropriate

20 procurement bulletin the name of the contractor, a description

21 of the supply or service provided, the total amount of the

22 contract, the term of the contract, and the exception to the

23 Code utilized. The chief procurement officer shall submit a

24 report to the Governor and General Assembly no later than

25 November 1 of each year that shall include, at a minimum, an

26 annual summary of the monthly information reported to the
    SB2394 Enrolled           - 457 - LRB104 09208 AMC 19265 b

1 chief procurement officer.

2   (c) This Code does not apply to the electric power

3 procurement process provided for under Section 1-75 of the

4 Illinois Power Agency Act and Section 16-111.5 of the Public

5 Utilities Act. This Code does not apply to the procurement of

6 technical and policy experts pursuant to Section 1-129 of the

7 Illinois Power Agency Act.

8   (d) Except for Section 20-160 and Article 50 of this Code,

9 and as expressly required by Section 9.1 of the Illinois

10 Lottery Law, the provisions of this Code do not apply to the

11 procurement process provided for under Section 9.1 of the

12 Illinois Lottery Law.

13  (e) This Code does not apply to the process used by the

14 Capital Development Board to retain a person or entity to

15 assist the Capital Development Board with its duties related

16 to the determination of costs of a clean coal SNG brownfield

17 facility, as defined by Section 1-10 of the Illinois Power

18 Agency Act, as required in subsection (h-3) of Section 9-220

19 of the Public Utilities Act, including calculating the range

20 of capital costs, the range of operating and maintenance

21 costs, or the sequestration costs or monitoring the

22 construction of clean coal SNG brownfield facility for the

23 full duration of construction.

24  (f) (Blank).

25  (g) (Blank).

26  (h) This Code does not apply to the process to procure or
    SB2394 Enrolled  - 458 - LRB104 09208 AMC 19265 b

1 contracts entered into in accordance with Sections 11-5.2 and

2 11-5.3 of the Illinois Public Aid Code.

3   (i) Each chief procurement officer may access records

4 necessary to review whether a contract, purchase, or other

5 expenditure is or is not subject to the provisions of this

6 Code, unless such records would be subject to attorney-client

7 privilege.

8   (j) This Code does not apply to the process used by the

9 Capital Development Board to retain an artist or work or works

10 of art as required in Section 14 of the Capital Development

11 Board Act.

12  (k) This Code does not apply to the process to procure

13 contracts, or contracts entered into, by the State Board of

14 Elections or the State Electoral Board for hearing officers

15 appointed pursuant to the Election Code.

16  (l) This Code does not apply to the processes used by the

17 Illinois Student Assistance Commission to procure supplies and

18 services paid for from the private funds of the Illinois

19 Prepaid Tuition Fund. As used in this subsection (l), "private

20 funds" means funds derived from deposits paid into the

21 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

22  (m) This Code shall apply regardless of the source of

23 funds with which contracts are paid, including federal

24 assistance moneys. Except as specifically provided in this

25 Code, this Code shall not apply to procurement expenditures

26 necessary for the Department of Public Health to conduct the
    SB2394 Enrolled      - 459 - LRB104 09208 AMC 19265 b

 1 Healthy Illinois Survey in accordance with Section 2310-431 of
 2 the Department of Public Health Powers and Duties Law of the
 3 Civil Administrative Code of Illinois.
 4 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
 5 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
 6 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
 7 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
 8 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
 9 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
10 revised 11-26-24.)

11  (30 ILCS 500/20-60)

12  Sec. 20-60. Duration of contracts.

13  (a) Maximum duration. A contract may be entered into for

14 any period of time deemed to be in the best interests of the

15 State but not exceeding 10 years inclusive, beginning January

16 1, 2010, of proposed contract renewals; provided, however, in

17 connection with the issuance of certificates of participation

18 or bonds, the governing board of a public institution of

19 higher education may enter into contracts in excess of 10

20 years but not to exceed 30 years for the purpose of financing

21 or refinancing real or personal property. Third parties may

22 lease State-owned communications infrastructure, including

23 dark fiber networks, conduit, and excess communication tower

24 capacity, for any period of time deemed to be in the best

25 interest of the State, but not exceeding 20 years. The length
    SB2394 Enrolled        - 460 - LRB104 09208 AMC 19265 b

1 of a lease for real property or capital improvements shall be

2 in accordance with the provisions of Section 40-25. The length

3 of energy conservation program contracts or energy savings

4 contracts or leases shall be in accordance with the provisions

5 of Section 25-45. A contract for bond or mortgage insurance

6 awarded by the Illinois Housing Development Authority,

7 however, may be entered into for any period of time less than

8 or equal to the maximum period of time that the subject bond or

9 mortgage may remain outstanding. Contracts may be entered into

10 that extend beyond the active term of the award, so long as the

11 contract was entered into prior to the award expiration date

12 and does not exceed 10 years.

13  (b) Subject to appropriation. All contracts made or

14 entered into shall recite that they are subject to termination

15 and cancellation in any year for which the General Assembly

16 fails to make an appropriation to make payments under the

17 terms of the contract.

18  (c) The chief procurement officer shall file a proposed

19 extension or renewal of a contract with the Procurement Policy

20 Board and the Commission on Equity and Inclusion prior to

21 entering into any extension or renewal if the cost associated

22 with the extension or renewal exceeds $249,999. The

23 Procurement Policy Board or the Commission on Equity and

24 Inclusion may object to the proposed extension or renewal

25 within 14 calendar days and require a hearing before the Board

26 or the Commission on Equity and Inclusion prior to entering
    SB2394 Enrolled  - 461 - LRB104 09208 AMC 19265 b

1 into the extension or renewal. If the Procurement Policy Board

2 or the Commission on Equity and Inclusion does not object

3 within 14 calendar days or takes affirmative action to

4 recommend the extension or renewal, the chief procurement

5 officer may enter into the extension or renewal of a contract.

6 This subsection does not apply to any emergency procurement,

7 any procurement under Article 40, or any procurement exempted

8 by Section 1-10(b) of this Code. If any State agency contract

9 is paid for in whole or in part with federal-aid funds, grants,

10 or loans and the provisions of this subsection would result in

11 the loss of those federal-aid funds, grants, or loans, then

12 the contract is exempt from the provisions of this subsection

13 in order to remain eligible for those federal-aid funds,

14 grants, or loans, and the State agency shall file notice of

15 this exemption with the Procurement Policy Board or the

16 Commission on Equity and Inclusion prior to entering into the

17 proposed extension or renewal. Nothing in this subsection

18 permits a chief procurement officer to enter into an extension

19 or renewal in violation of subsection (a). By August 1 each

20 year, the Procurement Policy Board and the Commission on

21 Equity and Inclusion shall each file a report with the General

22 Assembly identifying for the previous fiscal year (i) the

23 proposed extensions or renewals that were filed and whether

24 such extensions and renewals were objected to and (ii) the

25 contracts exempt from this subsection.

26  (d) Notwithstanding the provisions of subsection (a) of
    SB2394 Enrolled  - 462 - LRB104 09208 AMC 19265 b

1 this Section, the Department of Innovation and Technology may

2 enter into leases for dark fiber networks for any period of

3 time deemed to be in the best interests of the State but not

4 exceeding 20 years inclusive. The Department of Innovation and

5 Technology may lease dark fiber networks from third parties

6 only for the primary purpose of providing services (i) to the

7 offices of Governor, Lieutenant Governor, Attorney General,

8 Secretary of State, Comptroller, or Treasurer and State

9 agencies, as defined under Section 5-15 of the Civil

10 Administrative Code of Illinois or (ii) for anchor

11 institutions, as defined in Section 7 of the Illinois Century

12 Network Act. Dark fiber network lease contracts shall be

13 subject to all other provisions of this Code and any

14 applicable rules or requirements, including, but not limited

15 to, publication of lease solicitations, use of standard State

16 contracting terms and conditions, and approval of vendor

17 certifications and financial disclosures.

18  (e) As used in this Section, "dark fiber network" means a

19 network of fiber optic cables laid but currently unused by a

20 third party that the third party is leasing for use as network

21 infrastructure.

22  (f) No vendor shall be eligible for renewal of a contract

23 when that vendor has failed to meet the goals agreed to in the

24 vendor's utilization plan, as defined in Section 2 of the

25 Business Enterprise for Minorities, Women, and Persons with

26 Disabilities Act, unless the State agency or public
SB2394 Enrolled  - 463 - LRB104 09208 AMC 19265 b

 1 institution of higher education has determined that the vendor
 2 made good faith efforts toward meeting the contract goals. If
 3 the State agency or public institution of higher education
 4 determines that the vendor made good faith efforts, the agency
 5 or public institution of higher education may issue a waiver
 6 after concurrence by the chief procurement officer, which
 7 shall not be unreasonably withheld or impair a State agency
 8 determination to execute the renewal. The form and content of
 9 the waiver shall be prescribed by each chief procurement
10 officer, but shall not impair a State agency or public
11 institution of higher education determination to execute the
12 renewal. The chief procurement officer shall post the
13 completed form on his or her official website within 5
14 business days after receipt from the State agency or public
15 institution of higher education. The chief procurement officer
16 shall maintain on his or her official website a database of
17 waivers granted under this Section with respect to contracts
18 under his or her jurisdiction. The database shall be updated
19 periodically and shall be searchable by contractor name and by
20 contracting State agency or public institution of higher
21 education.
22 (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
23 103-570, eff. 1-1-24; 103-865, Article 2, Section 2-5, eff.
24 1-1-25; 103-865, Article 5, Section 5-5, eff. 1-1-25; revised
25 11-26-24.)
    SB2394 Enrolled          - 464 - LRB104 09208 AMC 19265 b

1   (30 ILCS 500/45-57)

2   Sec. 45-57. Veterans.

3   (a) Set-aside goal. It is the goal of the State to promote

4 and encourage the continued economic development of small

5 businesses owned and controlled by qualified veterans and that

6 qualified service-disabled veteran-owned small businesses

7 (referred to as SDVOSB) and veteran-owned small businesses

8 (referred to as VOSB) participate in the State's procurement

9 process as both prime contractors and subcontractors. Not less

10 than 3% of the total dollar amount of State contracts, as

11 defined by the Commission on Equity and Inclusion, shall be

12 established as a goal to be awarded to SDVOSB and VOSB. That

13 portion of a contract under which the contractor subcontracts

14 with a SDVOSB or VOSB may be counted toward the goal of this

15 subsection. The Commission on Equity and Inclusion shall adopt

16 rules to implement compliance with this subsection by all

17 State agencies.

18  (b) Fiscal year reports. By each November 1, each chief

19 procurement officer shall report to the Commission on Equity

20 and Inclusion on all of the following for the immediately

21 preceding fiscal year, and by each March 1 the Commission on

22 Equity and Inclusion shall compile and report that information

23 to the General Assembly:

24  (1) The total number of VOSB, and the number of

25  SDVOSB, who submitted bids for contracts under this Code.

26  (2) The total number of VOSB, and the number of
    SB2394 Enrolled        - 465 - LRB104 09208 AMC 19265 b

1   SDVOSB, who entered into contracts with the State under

2   this Code and the total value of those contracts.

3   (b-5) The Commission on Equity and Inclusion shall submit

4 an annual report to the Governor and the General Assembly that

5 shall include the following:

6   (1) a year-by-year comparison of the number of

7   certifications the State has issued to veteran-owned small

8   businesses and service-disabled veteran-owned small

9   businesses;

10  (2) the obstacles, if any, the Commission on Equity

11  and Inclusion faces when certifying veteran-owned

12  businesses and possible rules or changes to rules to

13  address those issues;

14  (3) a year-by-year comparison of awarded contracts to

15  certified veteran-owned small businesses and

16  service-disabled veteran-owned small businesses; and

17  (4) any other information that the Commission on

18  Equity and Inclusion deems necessary to assist

19  veteran-owned small businesses and service-disabled

20  veteran-owned small businesses to become certified with

21  the State.

22  The Commission on Equity and Inclusion shall conduct a

23 minimum of 2 outreach events per year to ensure that

24 veteran-owned small businesses and service-disabled

25 veteran-owned small businesses know about the procurement

26 opportunities and certification requirements with the State.
    SB2394 Enrolled  - 466 - LRB104 09208 AMC 19265 b

1 The Commission on Equity and Inclusion may receive

2 appropriations for outreach.

3   (c) Yearly review and recommendations. Each year, each

4 chief procurement officer shall review the progress of all

5 State agencies under its jurisdiction in meeting the goal

6 described in subsection (a), with input from statewide

7 veterans' service organizations and from the business

8 community, including businesses owned by qualified veterans,

9 and shall make recommendations to be included in the

10 Commission on Equity and Inclusion's report to the General

11 Assembly regarding continuation, increases, or decreases of

12 the percentage goal. The recommendations shall be based upon

13 the number of businesses that are owned by qualified veterans

14 and on the continued need to encourage and promote businesses

15 owned by qualified veterans.

16  (d) Governor's recommendations. To assist the State in

17 reaching the goal described in subsection (a), the Governor

18 shall recommend to the General Assembly changes in programs to

19 assist businesses owned by qualified veterans.

20  (e) Definitions. As used in this Section:

21  "Armed forces of the United States" means the United

22 States Army, Navy, Air Force, Space Force, Marine Corps, Coast

23 Guard, or service in active duty as defined under 38 U.S.C.

24 Section 101. Service in the Merchant Marine that constitutes

25 active duty under Section 401 of federal Public Law Act 95-202

26 shall also be considered service in the armed forces for
    SB2394 Enrolled          - 467 - LRB104 09208 AMC 19265 b

1 purposes of this Section.

2   "Certification" means a determination made by the Illinois

3 Department of Veterans' Affairs and the Commission on Equity

4 and Inclusion that a business entity is a qualified

5 service-disabled veteran-owned small business or a qualified

6 veteran-owned small business for whatever purpose. A SDVOSB or

7 VOSB owned and controlled by women, minorities, or persons

8 with disabilities, as those terms are defined in Section 2 of

9 the Business Enterprise for Minorities, Women, and Persons

10 with Disabilities Act, may also select and designate whether

11 that business is to be certified as a "women-owned business",

12 "minority-owned business", or "business owned by a person with

13 a disability", as defined in Section 2 of the Business

14 Enterprise for Minorities, Women, and Persons with

15 Disabilities Act.

16  "Control" means the exclusive, ultimate, majority, or sole

17 control of the business, including but not limited to capital

18 investment and all other financial matters, property,

19 acquisitions, contract negotiations, legal matters,

20 officer-director-employee selection and comprehensive hiring,

21 operation responsibilities, cost-control matters, income and

22 dividend matters, financial transactions, and rights of other

23 shareholders or joint partners. Control shall be real,

24 substantial, and continuing, not pro forma. Control shall

25 include the power to direct or cause the direction of the

26 management and policies of the business and to make the
    SB2394 Enrolled       - 468 - LRB104 09208 AMC 19265 b

1 day-to-day as well as major decisions in matters of policy,

2 management, and operations. Control shall be exemplified by

3 possessing the requisite knowledge and expertise to run the

4 particular business, and control shall not include simple

5 majority or absentee ownership.

6   "Qualified service-disabled veteran" means a veteran who

7 has been found to have 10% or more service-connected

8 disability by the United States Department of Veterans Affairs

9 or the United States Department of Defense.

10  "Qualified service-disabled veteran-owned small business"

11 or "SDVOSB" means a small business (i) that is at least 51%

12 owned by one or more qualified service-disabled veterans

13 living in Illinois or, in the case of a corporation, at least

14 51% of the stock of which is owned by one or more qualified

15 service-disabled veterans living in Illinois; (ii) that has

16 its home office in Illinois; and (iii) for which items (i) and

17 (ii) are factually verified annually by the Commission on

18 Equity and Inclusion.

19  "Qualified veteran-owned small business" or "VOSB" means a

20 small business (i) that is at least 51% owned by one or more

21 qualified veterans living in Illinois or, in the case of a

22 corporation, at least 51% of the stock of which is owned by one

23 or more qualified veterans living in Illinois; (ii) that has

24 its home office in Illinois; and (iii) for which items (i) and

25 (ii) are factually verified annually by the Commission on

26 Equity and Inclusion.
    SB2394 Enrolled        - 469 - LRB104 09208 AMC 19265 b

1   "Service-connected disability" means a disability incurred

2 in the line of duty in the active military, naval, or air

3 service as described in 38 U.S.C. 101(16).

4   "Small business" means a business that has annual gross

5 sales of less than $150,000,000 as evidenced by the federal

6 income tax return of the business. A firm with gross sales in

7 excess of this cap may apply to the Commission on Equity and

8 Inclusion for certification for a particular contract if the

9 firm can demonstrate that the contract would have significant

10 impact on SDVOSB or VOSB as suppliers or subcontractors or in

11 employment of veterans or service-disabled veterans.

12  "State agency" has the meaning provided in Section

13 1-15.100 of this Code.

14  "Time of hostilities with a foreign country" means any

15 period of time in the past, present, or future during which a

16 declaration of war by the United States Congress has been or is

17 in effect or during which an emergency condition has been or is

18 in effect that is recognized by the issuance of a Presidential

19 proclamation or a Presidential executive order and in which

20 the armed forces expeditionary medal or other campaign service

21 medals are awarded according to Presidential executive order.

22  "Veteran" means a person who (i) has been a member of the

23 armed forces of the United States or, while a citizen of the

24 United States, was a member of the armed forces of allies of

25 the United States in time of hostilities with a foreign

26 country and (ii) has served under one or more of the following
    SB2394 Enrolled      - 470 - LRB104 09208 AMC 19265 b

1 conditions: (a) the veteran served a total of at least 6

2 months; (b) the veteran served for the duration of hostilities

3 regardless of the length of the engagement; (c) the veteran

4 was discharged on the basis of hardship; or (d) the veteran was

5 released from active duty because of a service connected

6 disability and was discharged under honorable conditions.

7   (f) Certification program. The Illinois Department of

8 Veterans' Affairs and the Commission on Equity and Inclusion

9 shall work together to devise a certification procedure to

10 assure that businesses taking advantage of this Section are

11 legitimately classified as qualified service-disabled

12 veteran-owned small businesses or qualified veteran-owned

13 small businesses.

14  The Commission on Equity and Inclusion shall:

15  (1) compile and maintain a comprehensive list of

16  certified veteran-owned small businesses and

17  service-disabled veteran-owned small businesses;

18  (2) assist veteran-owned small businesses and

19  service-disabled veteran-owned small businesses in

20  complying with the procedures for bidding on State

21  contracts;

22  (3) provide training for State agencies regarding the

23  goal setting process and compliance with veteran-owned

24  small business and service-disabled veteran-owned small

25  business goals; and

26  (4) implement and maintain an electronic portal on the
    SB2394 Enrolled          - 471 - LRB104 09208 AMC 19265 b

1   Commission on Equity and Inclusion's website for the

2   purpose of completing and submitting veteran-owned small

3   business and service-disabled veteran-owned small business

4   certificates.

5   The Commission on Equity and Inclusion, in consultation

6 with the Department of Veterans' Affairs, may develop programs

7 and agreements to encourage cities, counties, towns,

8 townships, and other certifying entities to adopt uniform

9 certification procedures and certification recognition

10 programs.

11  (f-5) A business shall be certified by the Commission on

12 Equity and Inclusion as a service-disabled veteran-owned small

13 business or a veteran-owned small business for purposes of

14 this Section if the Commission on Equity and Inclusion

15 determines that the business has been certified as a

16 service-disabled veteran-owned small business or a

17 veteran-owned small business by the Vets First Verification

18 Program of the United States Department of Veterans Affairs,

19 and the business has provided to the Commission on Equity and

20 Inclusion the following:

21  (1) documentation showing certification as a

22  service-disabled veteran-owned small business or a

23  veteran-owned small business by the Vets First

24  Verification Program of the United States Department of

25  Veterans Affairs;

26  (2) proof that the business has its home office in
    SB2394 Enrolled  - 472 - LRB104 09208 AMC 19265 b

1   Illinois; and

2   (3) proof that the qualified veterans or qualified

3   service-disabled veterans live in the State of Illinois.

4   The policies of the Commission on Equity and Inclusion

5 regarding recognition of the Vets First Verification Program

6 of the United States Department of Veterans Affairs shall be

7 reviewed annually by the Commission on Equity and Inclusion,

8 and recognition of service-disabled veteran-owned small

9 businesses and veteran-owned small businesses certified by the

10 Vets First Verification Program of the United States

11 Department of Veterans Affairs may be discontinued by the

12 Commission on Equity and Inclusion by rule upon a finding that

13 the certification standards of the Vets First Verification

14 Program of the United States Department of Veterans Affairs do

15 not meet the certification requirements established by the

16 Commission on Equity and Inclusion.

17  (g) Penalties.

18  (1) Administrative penalties. The chief procurement

19  officers appointed pursuant to Section 10-20 shall suspend

20  any person who commits a violation of Section 17-10.3 or

21  subsection (d) of Section 33E-6 of the Criminal Code of

22  2012 relating to this Section from bidding on, or

23  participating as a contractor, subcontractor, or supplier

24  in, any State contract or project for a period of not less

25  than 3 years, and, if the person is certified as a

26  service-disabled veteran-owned small business or a
    SB2394 Enrolled  - 473 - LRB104 09208 AMC 19265 b

1   veteran-owned small business, then the Commission on

2   Equity and Inclusion shall revoke the business's

3   certification for a period of not less than 3 years. An

4   additional or subsequent violation shall extend the

5   periods of suspension and revocation for a period of not

6   less than 5 years. The suspension and revocation shall

7   apply to the principals of the business and any subsequent

8   business formed or financed by, or affiliated with, those

9   principals.

10  (2) Reports of violations. Each State agency shall

11  report any alleged violation of Section 17-10.3 or

12  subsection (d) of Section 33E-6 of the Criminal Code of

13  2012 relating to this Section to the chief procurement

14  officers appointed pursuant to Section 10-20. The chief

15  procurement officers appointed pursuant to Section 10-20

16  shall subsequently report all such alleged violations to

17  the Attorney General, who shall determine whether to bring

18  a civil action against any person for the violation.

19  (3) List of suspended persons. The chief procurement

20  officers appointed pursuant to Section 10-20 shall monitor

21  the status of all reported violations of Section 17-10.3

22  or subsection (d) of Section 33E-6 of the Criminal Code of

23  1961 or the Criminal Code of 2012 relating to this Section

24  and shall maintain and make available to all State

25  agencies a central listing of all persons that committed

26  violations resulting in suspension.
    SB2394 Enrolled  - 474 - LRB104 09208 AMC 19265 b

1   (4) Use of suspended persons. During the period of a

2   person's suspension under paragraph (1) of this

3   subsection, a State agency shall not enter into any

4   contract with that person or with any contractor using the

5   services of that person as a subcontractor.

6   (5) Duty to check list. Each State agency shall check

7   the central listing provided by the chief procurement

8   officers appointed pursuant to Section 10-20 under

9   paragraph (3) of this subsection to verify that a person

10  being awarded a contract by that State agency, or to be

11  used as a subcontractor or supplier on a contract being

12  awarded by that State agency, is not under suspension

13  pursuant to paragraph (1) of this subsection.

14  (h) On and after November 30, 2021 (the effective date of

15 Public Act 102-671) this amendatory Act of the 102nd General

16 Assembly, all powers, duties, rights, and responsibilities of

17 the Department of Central Management Services with respect to

18 the requirements of this Section are transferred to the

19 Commission on Equity and Inclusion.

20  All books, records, papers, documents, property (real and

21 personal), contracts, causes of action, and pending business

22 pertaining to the powers, duties, rights, and responsibilities

23 transferred by Public Act 102-671 this amendatory Act from the

24 Department of Central Management Services to the Commission on

25 Equity and Inclusion, including, but not limited to, material

26 in electronic or magnetic format and necessary computer
    SB2394 Enrolled         - 475 - LRB104 09208 AMC 19265 b

1 hardware and software, shall be transferred to the Commission

2 on Equity and Inclusion.

3   The powers, duties, rights, and responsibilities

4 transferred from the Department of Central Management Services

5 by this amendatory Act shall be vested in and shall be

6 exercised by the Commission on Equity and Inclusion.

7   Whenever reports or notices are now required to be made or

8 given or papers or documents furnished or served by any person

9 to or upon the Department of Central Management Services in

10 connection with any of the powers, duties, rights, and

11 responsibilities transferred by Public Act 102-671 this

12 amendatory Act, the same shall be made, given, furnished, or

13 served in the same manner to or upon the Commission on Equity

14 and Inclusion.

15  Public Act 102-671 This amendatory Act of the 102nd

16 General Assembly does not affect any act done, ratified, or

17 canceled or any right occurring or established or any action

18 or proceeding had or commenced in an administrative, civil, or

19 criminal cause by the Department of Central Management

20 Services before this amendatory Act takes effect; such actions

21 or proceedings may be prosecuted and continued by the

22 Commission on Equity and Inclusion.

23  Any rules of the Department of Central Management Services

24 that relate to its powers, duties, rights, and

25 responsibilities under this Section and are in full force on

26 the effective date of Public Act 102-671 this amendatory Act
SB2394 Enrolled  - 476 - LRB104 09208 AMC 19265 b

 1 of the 102nd General Assembly shall become the rules of the
 2 Commission on Equity and Inclusion. Public Act 102-671 This
 3 amendatory Act does not affect the legality of any such rules
 4 in the Illinois Administrative Code. Any proposed rules filed
 5 with the Secretary of State by the Department of Central
 6 Management Services that are pending in the rulemaking process
 7 on November 30, 2021 the effective date of this amendatory Act
 8 and pertain to the powers, duties, rights, and
 9 responsibilities transferred, shall be deemed to have been
10 filed by the Commission on Equity and Inclusion. As soon as
11 practicable hereafter, the Commission on Equity and Inclusion
12 shall revise and clarify the rules transferred to it under
13 Public Act 102-671 this amendatory Act to reflect the
14 reorganization of powers, duties, rights, and responsibilities
15 affected by Public Act 102-671 this amendatory Act, using the
16 procedures for recodification of rules available under the
17 Illinois Administrative Procedure Act, except that existing
18 title, part, and section numbering for the affected rules may
19 be retained. The Commission on Equity and Inclusion may
20 propose and adopt under the Illinois Administrative Procedure
21 Act such other rules of the Department of Central Management
22 Services that will now be administered by the Commission on
23 Equity and Inclusion.
24 (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21;
25 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.)
    SB2394 Enrolled       - 477 - LRB104 09208 AMC 19265 b

1   (30 ILCS 500/45-105)

2   Sec. 45-105. Bid preference for Illinois businesses.

3   (a) (Blank).

4   (b) It is hereby declared to be the public policy of the

5 State of Illinois to promote the economy of Illinois through

6 the use of Illinois businesses for all State construction

7 contracts.

8   (c) A construction agency, as defined in Section 1-15.25,

9 procuring construction services shall make reasonable efforts

10 to contract with Illinois businesses.

11  (d) Each construction agency shall submit a report to the

12 Governor and the General Assembly by December 1 of each year

13 that identifies the Illinois businesses procured by the

14 construction agency, the primary location of the construction

15 project, the percentage of the construction agency's

16 utilization of Illinois businesses on the project as a whole,

17 and the actions that the construction agency has undertaken to

18 increase the use of Illinois businesses.

19  (e) In procuring construction services for projects with a

20 total value that exceeds the small purchase maximum

21 established by Section 20-20 of this Code, construction

22 agencies shall provide a bid preference to a responsive and

23 responsible bidder that is an Illinois business as defined in

24 this Section. The construction agency shall allocate to the

25 lowest bid by an Illinois business that is responsible and

26 responsive a bid preference of 4% of the contract base bid.
    SB2394 Enrolled     - 478 - LRB104 09208 AMC 19265 b

1 This subsection applies only to projects where a business that

2 is not an Illinois business submits a bid.

3   (e-5) The chief procurement officer shall require at the

4 time of submission of a bid, and may require at the chief

5 procurement officer's option at any time during the term of

6 the contract, that the bidder or contractor submit an

7 affidavit and other supporting documents demonstrating that

8 the bidder or contractor is an Illinois business and, if

9 applicable, submit an affidavit and other supporting documents

10 demonstrating that the bidder or contractor is eligible for a

11 4% bid preference under this Section.

12  (e-10) If a contractor who is awarded a contract through

13 the use of a preference for Illinois businesses provided false

14 information in order to obtain that preference, then the

15 contractor is subject to disciplinary procedures as identified

16 in Section 50-65 of this Act.

17  (f) This Section does not apply to any contract for any

18 project for which federal funds are available for expenditure

19 when its provisions may be in conflict with federal law or

20 federal regulation.

21  (g) As used in this Section, "Illinois business" means a

22 contractor that is, for at least one year prior, operating and

23 headquartered in Illinois, subject to applicable State taxes,

24 and providing, at the time that an invitation for a bid or

25 notice of contract opportunity is first advertised,

26 construction services. "Illinois business" includes a foreign
    SB2394 Enrolled      - 479 - LRB104 09208 AMC 19265 b

1 corporation duly authorized to transact business in this State

2 that has a bona fide establishment for transacting business

3 within this State where it is operating, headquartered, and

4 performing construction or construction-related professional

5 services at least one year before an invitation for a bid or

6 notice of contract opportunity is first advertised.

7   "Illinois business" does not include any subcontractors or

8 businesses headquartered outside of the State that have an

9 affiliated entity operating in the State.

10 (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24;

11 103-865, Article 35, Section 35-5, eff. 1-1-25; 103-865,

12 Article 65, Section 65-5, eff. 1-1-25; revised 11-26-24.)

13  Section 245. The Commission on Equity and Inclusion Act is

14 amended by changing Section 40-10 as follows:

15  (30 ILCS 574/40-10)

16  (Text of Section before amendment by P.A. 103-961)

17  Sec. 40-10. Powers and duties. In addition to the other

18 powers and duties which may be prescribed in this Act or

19 elsewhere, the Commission shall have the following powers and

20 duties:

21          (1) The Commission shall have a role in all State and

22  university procurement by facilitating and streamlining

23  communications between the Business Enterprise Council for

24  Minorities, Women, and Persons with Disabilities, the
    SB2394 Enrolled      - 480 - LRB104 09208 AMC 19265 b

1   purchasing entities, the Chief Procurement Officers, and

2   others.

3   (2) The Commission may create a scoring evaluation for

4   State agency directors, public university presidents and

5   chancellors, and public community college presidents. The

6   scoring shall be based on the following 3 principles: (i)

7   increasing capacity; (ii) growing revenue; and (iii)

8   enhancing credentials. These principles should be the

9   foundation of the agency compliance plan required under

10  Section 6 of the Business Enterprise for Minorities,

11  Women, and Persons with Disabilities Act.

12  (3) The Commission shall exercise the authority and

13  duties provided to it under Section 5-7 of the Illinois

14  Procurement Code.

15  (4) The Commission, working with State agencies, shall

16  provide support for diversity in State hiring.

17  (5) The Commission shall supervise the implementation

18  and effectiveness of supplier diversity training of the

19  State procurement workforce.

20  (6) Each January, and as otherwise frequently as may

21  be deemed necessary and appropriate by the Commission, the

22  Commission shall propose and submit to the Governor and

23  the General Assembly legislative changes to increase

24  inclusion and diversity in State government.

25  (7) The Commission shall have oversight over the

26  following entities:
    SB2394 Enrolled      - 481 - LRB104 09208 AMC 19265 b

1           (A) the Illinois African-American Family

2           Commission;

3           (B) the Illinois Latino Family Commission;

4           (C) the Asian American Family Commission;

5           (D) the Illinois Muslim American Advisory Council;

6           (E) the Illinois African-American Fair Contracting

7           Commission created under Executive Order 2018-07; and

8           (F) the Business Enterprise Council for

9           Minorities, Women, and Persons with Disabilities.

10          (8) The Commission shall adopt any rules necessary for

11  the implementation and administration of the requirements

12  of this Act.

13          (9) The Commission shall exercise the authority and

14  duties provided to it under Section 45-57 of the Illinois

15  Procurement Code.

16          (10) The Commission is responsible for completing

17  studies as required by Section 35-15 of the Illinois

18  Community Reinvestment Act.

19 (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21;

20 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; revised 11-26-24.)

21  (Text of Section after amendment by P.A. 103-961)

22  Sec. 40-10. Powers and duties. In addition to the other

23 powers and duties which may be prescribed in this Act or

24 elsewhere, the Commission shall have the following powers and

25 duties:
    SB2394 Enrolled    - 482 - LRB104 09208 AMC 19265 b

1   (1) The Commission shall have a role in all State and

2   university procurement by facilitating and streamlining

3   communications between the Business Enterprise Council for

4   Minorities, Women, and Persons with Disabilities, the

5   purchasing entities, the Chief Procurement Officers, and

6   others.

7   (2) The Commission may create a scoring evaluation for

8   State agency directors, public university presidents and

9   chancellors, and public community college presidents. The

10  scoring shall be based on the following 3 principles: (i)

11  increasing capacity; (ii) growing revenue; and (iii)

12  enhancing credentials. These principles should be the

13  foundation of the agency compliance plan required under

14  Section 6 of the Business Enterprise for Minorities,

15  Women, and Persons with Disabilities Act.

16  (3) The Commission shall exercise the authority and

17  duties provided to it under Section 5-7 of the Illinois

18  Procurement Code.

19  (4) The Commission, working with State agencies, shall

20  provide support for diversity in State hiring.

21  (5) The Commission shall supervise the implementation

22  and effectiveness of supplier diversity training of the

23  State procurement workforce.

24  (6) Each January, and as otherwise frequently as may

25  be deemed necessary and appropriate by the Commission, the

26  Commission shall propose and submit to the Governor and
    SB2394 Enrolled      - 483 - LRB104 09208 AMC 19265 b

1   the General Assembly legislative changes to increase

2   inclusion and diversity in State government.

3   (7) The Commission shall have oversight over the

4   following entities:

5   (A) the Illinois African-American Family

6   Commission;

7   (B) the Illinois Latino Family Commission;

8   (C) the Asian American Family Commission;

9   (D) the Illinois Muslim American Advisory Council;

10  (E) the Illinois African-American Fair Contracting

11  Commission created under Executive Order 2018-07; and

12  (F) the Business Enterprise Council for

13  Minorities, Women, and Persons with Disabilities.

14  (7.5) The Commission shall have oversight over the

15  collection of supplier diversity reports by State agencies

16  to the extent that those agencies are required to collect

17  supplier diversity reports. This oversight shall include

18  publishing, on the Commission's website, a copy of each

19  such supplier diversity report submitted to a State agency

20  and may include conducting an annual hearing with each

21  State agency to discuss ongoing compliance with supplier

22  diversity reporting requirements. The Commission is not

23  responsible for ensuring compliance by the filers of

24  supplier diversity reports to their respective agencies.

25  The agencies subject to oversight by the Commission and

26  the relevant voluntary supplier diversity reports include
    SB2394 Enrolled    - 484 - LRB104 09208 AMC 19265 b

1   the following:

2   (A) the Health Facilities and Services Review

3   Board for hospitals;

4   (B) the Department of Commerce and Economic

5   Opportunity for tax credit recipients under the

6   Economic Development for a Growing Economy Tax Credit

7   Act;

8   (C) the Illinois Commerce Commission for utilities

9   and railroads;

10  (D) the Illinois Gaming Board for casinos; and

11  (E) the Illinois Racing Board for race tracks.

12  (7.6) The Commission may hold public workshops focused

13  on specific industries and reports to collaboratively

14  connect diverse enterprises with entities that manage

15  supplier diversity programs. These workshops may be

16  modeled after Illinois Commerce Commission hearings for

17  utilities and railroads that include a collaborative

18  discussion of filed supplier diversity reports.

19  (8) The Commission shall adopt any rules necessary for

20  the implementation and administration of the requirements

21  of this Act.

22  (9) The Commission shall exercise the authority and

23  duties provided to it under Section 45-57 of the Illinois

24  Procurement Code.

25  (10) The Commission is responsible for completing

26  studies as required by Section 35-15 of the Illinois
    SB2394 Enrolled           - 485 - LRB104 09208 AMC 19265 b

1   Community Reinvestment Act.

2 (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21;

3 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; 103-961, eff.

4 7-1-25; revised 11-26-24.)

5   Section 250. The Grant Accountability and Transparency Act

6 is amended by changing Section 15 as follows:

7   (30 ILCS 708/15)

8   Sec. 15. Definitions. As used in this Act:

9   "Allowable cost" means a cost allowable to a project if:

10  (1) the costs are reasonable and necessary for the

11  performance of the award;

12  (2) the costs are allocable to the specific project;

13  (3) the costs are treated consistently in like

14  circumstances to both federally-financed and other

15  activities of the non-federal entity;

16  (4) the costs conform to any limitations of the cost

17  principles or the sponsored agreement;

18  (5) the costs are accorded consistent treatment; a

19  cost may not be assigned to a State or federal award as a

20  direct cost if any other cost incurred for the same

21  purpose in like circumstances has been allocated to the

22  award as an indirect cost;

23  (6) the costs are determined to be in accordance with

24  generally accepted accounting principles;
    SB2394 Enrolled     - 486 - LRB104 09208 AMC 19265 b

1   (7) the costs are not included as a cost or used to

2   meet federal cost-sharing or matching requirements of any

3   other program in either the current or prior period;

4   (8) the costs of one State or federal grant are not

5   used to meet the match requirements of another State or

6   federal grant; and

7   (9) the costs are adequately documented.

8   "Auditee" means any non-federal entity that expends State

9 or federal awards that must be audited.

10  "Auditor" means an auditor who is a public accountant or a

11 federal, State, or local government audit organization that

12 meets the general standards specified in generally-accepted

13 government auditing standards. "Auditor" does not include

14 internal auditors of nonprofit organizations.

15  "Auditor General" means the Auditor General of the State

16 of Illinois.

17  "Award" means financial assistance that provides support

18 or stimulation to accomplish a public purpose. "Awards"

19 include grants and other agreements in the form of money, or

20 property in lieu of money, by the State or federal government

21 to an eligible recipient. "Award" does not include: technical

22 assistance that provides services instead of money; other

23 assistance in the form of loans, loan guarantees, interest

24 subsidies, or insurance; direct payments of any kind to

25 individuals; or contracts that must be entered into and

26 administered under State or federal procurement laws and
    SB2394 Enrolled             - 487 - LRB104 09208 AMC 19265 b

1 regulations.

2   "Budget" means the financial plan for the project or

3 program that the awarding agency or pass-through entity

4 approves during the award process or in subsequent amendments

5 to the award. It may include the State or federal and

6 non-federal share or only the State or federal share, as

7 determined by the awarding agency or pass-through entity.

8   "Catalog of Federal Domestic Assistance" or "CFDA" means a

9 database that helps the federal government track all programs

10 it has domestically funded.

11  "Catalog of Federal Domestic Assistance number" or "CFDA

12 number" means the number assigned to a federal program in the

13 CFDA.

14  "Catalog of State Financial Assistance" means the single,

15 authoritative, statewide, comprehensive source document of

16 State financial assistance program information maintained by

17 the Governor's Office of Management and Budget.

18  "Catalog of State Financial Assistance Number" means the

19 number assigned to a State program in the Catalog of State

20 Financial Assistance. The first 3 digits represent the State

21 agency number and the last 4 digits represent the program.

22  "Cluster of programs" means a grouping of closely related

23 programs that share common compliance requirements. The types

24 of clusters of programs are research and development, student

25 financial aid, and other clusters. A "cluster of programs"

26 shall be considered as one program for determining major
    SB2394 Enrolled  - 488 - LRB104 09208 AMC 19265 b

1 programs and, with the exception of research and development,

2 whether a program-specific audit may be elected.

3   "Cognizant agency for audit" means the federal agency

4 designated to carry out the responsibilities described in 2

5 CFR 200.513(a).

6   "Contract" means a legal instrument by which a non-federal

7 entity purchases property or services needed to carry out the

8 project or program under an award. "Contract" does not include

9 a legal instrument, even if the non-federal entity considers

10 it a contract, when the substance of the transaction meets the

11 definition of an award or subaward.

12  "Contractor" means an entity that receives a contract.

13  "Cooperative agreement" means a legal instrument of

14 financial assistance between an awarding agency or

15 pass-through entity and a non-federal entity that:

16  (1) is used to enter into a relationship with the

17  principal purpose of transferring anything of value from

18  the awarding agency or pass-through entity to the

19  non-federal entity to carry out a public purpose

20  authorized by law, but is not used to acquire property or

21  services for the awarding agency's or pass-through

22  entity's direct benefit or use; and

23  (2) is distinguished from a grant in that it provides

24  for substantial involvement between the awarding agency or

25  pass-through entity and the non-federal entity in carrying

26  out the activity contemplated by the award.
    SB2394 Enrolled  - 489 - LRB104 09208 AMC 19265 b

1   "Cooperative agreement" does not include a cooperative

2 research and development agreement, nor an agreement that

3 provides only direct cash assistance to an individual, a

4 subsidy, a loan, a loan guarantee, or insurance.

5   "Corrective action" means action taken by the auditee that

6 (i) corrects identified deficiencies, (ii) produces

7 recommended improvements, or (iii) demonstrates that audit

8 findings are either invalid or do not warrant auditee action.

9   "Cost objective" means a program, function, activity,

10 award, organizational subdivision, contract, or work unit for

11 which cost data is desired and for which provision is made to

12 accumulate and measure the cost of processes, products, jobs,

13 and capital projects. A "cost objective" may be a major

14 function of the non-federal entity, a particular service or

15 project, an award, or an indirect cost activity.

16  "Cost sharing" means the portion of project costs not paid

17 by State or federal funds, unless otherwise authorized by

18 statute.

19  "Development" is the systematic use of knowledge and

20 understanding gained from research directed toward the

21 production of useful materials, devices, systems, or methods,

22 including design and development of prototypes and processes.

23  "Data Universal Numbering System number" means the 9-digit

24 number established and assigned by Dun and Bradstreet, Inc. to

25 uniquely identify entities and, under federal law, is required

26 for non-federal entities to apply for, receive, and report on
    SB2394 Enrolled         - 490 - LRB104 09208 AMC 19265 b

1 a federal award.

2   "Direct costs" means costs that can be identified

3 specifically with a particular final cost objective, such as a

4 State or federal or federal pass-through award or a particular

5 sponsored project, an instructional activity, or any other

6 institutional activity, or that can be directly assigned to

7 such activities relatively easily with a high degree of

8 accuracy.

9   "Equipment" means tangible personal property (including

10 information technology systems) having a useful life of more

11 than one year and a per-unit acquisition cost that equals or

12 exceeds the lesser of the capitalization level established by

13 the non-federal entity for financial statement purposes, or

14 $5,000.

15  "Executive branch" means that branch of State government

16 that is under the jurisdiction of the Governor.

17  "Federal agency" has the meaning provided for "agency"

18 under 5 U.S.C. 551(1) together with the meaning provided for

19 "agency" by 5 U.S.C. 552(f).

20  "Federal award" means:

21          (1) the federal financial assistance that a

22  non-federal entity receives directly from a federal

23  awarding agency or indirectly from a pass-through entity;

24          (2) the cost-reimbursement contract under the Federal

25  Acquisition Regulations that a non-federal entity receives

26  directly from a federal awarding agency or indirectly from
    SB2394 Enrolled      - 491 - LRB104 09208 AMC 19265 b

1   a pass-through entity; or

2   (3) the instrument setting forth the terms and

3   conditions when the instrument is the grant agreement,

4   cooperative agreement, other agreement for assistance

5   covered in 2 CFR 200, Subpart A, Acronyms and Definitions,

6   or the cost-reimbursement contract awarded under the

7   Federal Acquisition Regulations.

8   "Federal award" does not include other contracts that a

9 federal agency uses to buy goods or services from a contractor

10 or a contract to operate federal government owned,

11 contractor-operated facilities.

12  "Federal awarding agency" means the federal agency that

13 provides a federal award directly to a non-federal entity.

14  "Federal interest" means, for purposes of 2 CFR 200,

15 Subpart D, Post Federal Award Requirements (Performance and

16 Financial Monitoring and Reporting) or when used in connection

17 with the acquisition or improvement of real property,

18 equipment, or supplies under a federal award, the dollar

19 amount that is the product of the federal share of total

20 project costs and current fair market value of the property,

21 improvements, or both, to the extent the costs of acquiring or

22 improving the property were included as project costs.

23  "Federal program" means any of the following:

24  (1) All federal awards which are assigned a single

25  number in the CFDA.

26  (2) When no CFDA number is assigned, all federal
    SB2394 Enrolled   - 492 - LRB104 09208 AMC 19265 b

1   awards to non-federal entities from the same agency made

2   for the same purpose should be combined and considered one

3   program.

4   (3) Notwithstanding paragraphs (1) and (2) of this

5   definition, a cluster of programs. The types of clusters

6   of programs are:

7   (A) research and development;

8   (B) student financial aid; and

9   (C) "other clusters", as described in the

10  definition of "cluster of programs".

11  "Federal share" means the portion of the total project

12 costs that are paid by federal funds.

13  "Final cost objective" means a cost objective which has

14 allocated to it both direct and indirect costs and, in the

15 non-federal entity's accumulation system, is one of the final

16 accumulation points, such as a particular award, internal

17 project, or other direct activity of a non-federal entity.

18  "Financial assistance" means the following:

19  (1) For grants and cooperative agreements, "financial

20  assistance" means assistance that non-federal entities

21  receive or administer in the form of:

22  (A) grants;

23  (B) cooperative agreements;

24  (C) non-cash contributions or donations of

25  property, including donated surplus property;

26  (D) direct appropriations;
    SB2394 Enrolled  - 493 - LRB104 09208 AMC 19265 b

1            (E) food commodities; and

2            (F) other financial assistance, except assistance

3   listed in paragraph (2) of this definition.

4   (2) "Financial assistance" includes assistance that

5   non-federal entities receive or administer in the form of

6   loans, loan guarantees, interest subsidies, and insurance.

7   (3) "Financial assistance" does not include amounts

8   received as reimbursement for services rendered to

9   individuals.

10  "Fixed amount awards" means a type of grant agreement

11 under which the awarding agency or pass-through entity

12 provides a specific level of support without regard to actual

13 costs incurred under the award. "Fixed amount awards" reduce

14 some of the administrative burden and record-keeping

15 requirements for both the non-federal entity and awarding

16 agency or pass-through entity. Accountability is based

17 primarily on performance and results.

18  "Foreign public entity" means:

19  (1) a foreign government or foreign governmental

20  entity;

21  (2) a public international organization that is

22  entitled to enjoy privileges, exemptions, and immunities

23  as an international organization under the International

24  Organizations Immunities Act (22 U.S.C. 288-288f);

25  (3) an entity owned, in whole or in part, or

26  controlled by a foreign government; or
    SB2394 Enrolled         - 494 - LRB104 09208 AMC 19265 b

1   (4) any other entity consisting wholly or partially of

2   one or more foreign governments or foreign governmental

3   entities.

4   "Foreign organization" means an entity that is:

5   (1) a public or private organization located in a

6   country other than the United States and its territories

7   that are subject to the laws of the country in which it is

8   located, irrespective of the citizenship of project staff

9   or place of performance;

10  (2) a private nongovernmental organization located in

11  a country other than the United States that solicits and

12  receives cash contributions from the general public;

13  (3) a charitable organization located in a country

14  other than the United States that is nonprofit and tax

15  exempt under the laws of its country of domicile and

16  operation, but is not a university, college, accredited

17  degree-granting institution of education, private

18  foundation, hospital, organization engaged exclusively in

19  research or scientific activities, church, synagogue,

20  mosque, or other similar entity organized primarily for

21  religious purposes; or

22  (4) an organization located in a country other than

23  the United States not recognized as a Foreign Public

24  Entity.

25  "Generally Accepted Accounting Principles" has the meaning

26 provided in accounting standards issued by the Government
    SB2394 Enrolled      - 495 - LRB104 09208 AMC 19265 b

1 Accounting Standards Board and the Financial Accounting

2 Standards Board.

3   "Generally Accepted Government Auditing Standards" means

4 generally accepted government auditing standards issued by the

5 Comptroller General of the United States that are applicable

6 to financial audits.

7   "Grant agreement" means a legal instrument of financial

8 assistance between an awarding agency or pass-through entity

9 and a non-federal entity that:

10  (1) is used to enter into a relationship, the

11  principal purpose of which is to transfer anything of

12  value from the awarding agency or pass-through entity to

13  the non-federal entity to carry out a public purpose

14  authorized by law and not to acquire property or services

15  for the awarding agency or pass-through entity's direct

16  benefit or use; and

17  (2) is distinguished from a cooperative agreement in

18  that it does not provide for substantial involvement

19  between the awarding agency or pass-through entity and the

20  non-federal entity in carrying out the activity

21  contemplated by the award.

22  "Grant agreement" does not include an agreement that

23 provides only direct cash assistance to an individual, a

24 subsidy, a loan, a loan guarantee, or insurance.

25  "Grant application" means a specified form that is

26 completed by a non-federal entity in connection with a request
    SB2394 Enrolled  - 496 - LRB104 09208 AMC 19265 b

1 for a specific funding opportunity or a request for financial

2 support of a project or activity.

3   "Hospital" means a facility licensed as a hospital under

4 the law of any state or a facility operated as a hospital by

5 the United States, a state, or a subdivision of a state.

6   "Illinois Debarred and Suspended List" means the list

7 maintained by the Governor's Office of Management and Budget

8 that contains the names of those individuals and entities that

9 are ineligible, either temporarily or permanently, from

10 receiving an award of grant funds from the State.

11  "Indirect cost" means those costs incurred for a common or

12 joint purpose benefiting benefitting more than one cost

13 objective and not readily assignable to the cost objectives

14 specifically benefited benefitted without effort

15 disproportionate to the results achieved.

16  "Inspector General" means the Office of the Executive

17 Inspector General for Executive branch agencies.

18  "Loan" means a State or federal loan or loan guarantee

19 received or administered by a non-federal entity. "Loan" does

20 not include a "program income" as defined in 2 CFR 200, Subpart

21 A, Acronyms and Definitions.

22  "Loan guarantee" means any State or federal government

23 guarantee, insurance, or other pledge with respect to the

24 payment of all or a part of the principal or interest on any

25 debt obligation of a non-federal borrower to a non-federal

26 lender, but does not include the insurance of deposits,
    SB2394 Enrolled  - 497 - LRB104 09208 AMC 19265 b

1 shares, or other withdrawable accounts in financial

2 institutions.

3   "Local government" has the meaning provided for the term

4 "units of local government" under Section 1 of Article VII of

5 the Illinois Constitution and includes school districts.

6   "Major program" means a federal program determined by the

7 auditor to be a major program in accordance with 2 CFR 200.518

8 or a program identified as a major program by a federal

9 awarding agency or pass-through entity in accordance with 2

10 CFR 200.503(e).

11  "Non-federal entity" means a state, local government,

12 Indian tribe, institution of higher education, or

13 organization, whether nonprofit or for-profit, that carries

14 out a State or federal award as a recipient or subrecipient.

15  "Nonprofit organization" means any corporation, trust,

16 association, cooperative, or other organization, not including

17 institutions of higher education, that:

18  (1) is operated primarily for scientific, educational,

19  service, charitable, or similar purposes in the public

20  interest;

21  (2) is not organized primarily for profit; and

22  (3) uses net proceeds to maintain, improve, or expand

23  the operations of the organization.

24  "Obligations", when used in connection with a non-federal

25 entity's utilization of funds under an award, means orders

26 placed for property and services, contracts and subawards
    SB2394 Enrolled  - 498 - LRB104 09208 AMC 19265 b

1 made, and similar transactions during a given period that

2 require payment by the non-federal entity during the same or a

3 future period.

4   "Office of Management and Budget" means the Office of

5 Management and Budget of the Executive Office of the

6 President.

7   "Other clusters" has the meaning provided by the federal

8 Office of Management and Budget in the compliance supplement

9 or has the meaning as it is designated by a state for federal

10 awards the state provides to its subrecipients that meet the

11 definition of a cluster of programs. When designating an

12 "other cluster", a state must identify the federal awards

13 included in the cluster and advise the subrecipients of

14 compliance requirements applicable to the cluster.

15  "Oversight agency for audit" means the federal awarding

16 agency that provides the predominant amount of funding

17 directly to a non-federal entity not assigned a cognizant

18 agency for audit. When there is no direct funding, the

19 awarding agency that is the predominant source of pass-through

20 funding must assume the oversight responsibilities. The duties

21 of the oversight agency for audit and the process for any

22 reassignments are described in 2 CFR 200.513(b).

23  "Pass-through entity" means a non-federal entity that

24 provides a subaward to a subrecipient to carry out part of a

25 program.

26  "Private award" means an award from a person or entity
    SB2394 Enrolled  - 499 - LRB104 09208 AMC 19265 b

1 other than a State or federal entity. Private awards are not

2 subject to the provisions of this Act.

3   "Property" means real property or personal property.

4   "Project cost" means total allowable costs incurred under

5 an award and all required cost sharing and voluntary committed

6 cost sharing, including third-party contributions.

7   "Public institutions of higher education" has the meaning

8 provided in Section 1 of the Board of Higher Education Act.

9   "Recipient" means a non-federal entity that receives an

10 award directly from an awarding agency to carry out an

11 activity under a program. "Recipient" does not include

12 subrecipients.

13  "Research and Development" means all research activities,

14 both basic and applied, and all development activities that

15 are performed by non-federal entities.

16  "Single Audit Act" means the federal Single Audit Act

17 Amendments of 1996 (31 U.S.C. 7501-7507).

18  "State agency" means an Executive branch agency. For

19 purposes of this Act, "State agency" does not include public

20 institutions of higher education.

21  "State award" means the financial assistance that a

22 non-federal entity receives from the State and that is funded

23 with either State funds or federal funds; in the latter case,

24 the State is acting as a pass-through entity.

25  "State awarding agency" means a State agency that provides

26 an award to a non-federal entity.
    SB2394 Enrolled  - 500 - LRB104 09208 AMC 19265 b

1   "State grant-making agency" has the same meaning as "State

2 awarding agency".

3   "State interest" means the acquisition or improvement of

4 real property, equipment, or supplies under a State award, the

5 dollar amount that is the product of the State share of the

6 total project costs and current fair market value of the

7 property, improvements, or both, to the extent the costs of

8 acquiring or improving the property were included as project

9 costs.

10  "State program" means any of the following:

11        (1) All State awards which are assigned a single

12  number in the Catalog of State Financial Assistance.

13        (2) When no Catalog of State Financial Assistance

14  number is assigned, all State awards to non-federal

15  entities from the same agency made for the same purpose

16  are considered one program.

17        (3) A cluster of programs as defined in this Section.

18  "State share" means the portion of the total project costs

19 that are paid by State funds.

20  "Stop payment order" means a communication from a State

21 grant-making agency to the Office of the Comptroller,

22 following procedures set out by the Office of the Comptroller,

23 causing the cessation of payments to a recipient or

24 subrecipient as a result of the recipient's or subrecipient's

25 failure to comply with one or more terms of the grant or

26 subaward.
    SB2394 Enrolled  - 501 - LRB104 09208 AMC 19265 b

1   "Stop payment procedure" means the procedure created by

2 the Office of the Comptroller which effects a stop payment

3 order and the lifting of a stop payment order upon the request

4 of the State grant-making agency.

5   "Student Financial Aid" means federal awards under those

6 programs of general student assistance, such as those

7 authorized by Title IV of the Higher Education Act of 1965, as

8 amended (20 U.S.C. 1070-1099d), that are administered by the

9 United States Department of Education and similar programs

10 provided by other federal agencies. "Student Financial Aid"

11 does not include federal awards under programs that provide

12 fellowships or similar federal awards to students on a

13 competitive basis or for specified studies or research.

14  "Subaward" means a State or federal award provided by a

15 pass-through entity to a subrecipient for the subrecipient to

16 carry out part of a federal award received by the pass-through

17 entity. "Subaward" does not include payments to a contractor

18 or payments to an individual that is a beneficiary of a federal

19 program. A "subaward" may be provided through any form of

20 legal agreement, including an agreement that the pass-through

21 entity considers a contract.

22  "Subrecipient" means a non-federal entity that receives a

23 State or federal subaward from a pass-through entity to carry

24 out part of a federal program. "Subrecipient" does not include

25 an individual that is a beneficiary of such program. A

26 "subrecipient" may also be a recipient of other State or
    SB2394 Enrolled          - 502 - LRB104 09208 AMC 19265 b

1 federal awards directly from a State or federal awarding

2 agency.

3   "Suspension" means a post-award action by the State or

4 federal agency or pass-through entity that temporarily

5 withdraws the State or federal agency's or pass-through

6 entity's financial assistance sponsorship under an award,

7 pending corrective action by the recipient or subrecipient or

8 pending a decision to terminate the award.

9   "Uniform Administrative Requirements, Costs Principles,

10 and Audit Requirements for Federal Awards" means those rules

11 applicable to grants contained in 2 CFR 200.

12  "Voluntary committed cost sharing" means cost sharing

13 specifically pledged on a voluntary basis in the proposal's

14 budget or the award on the part of the non-federal entity and

15 that becomes a binding requirement of the award.

16 (Source: P.A. 103-616, eff. 7-1-24; revised 10-24-24.)

17  Section 255. The State Mandates Act is amended by changing

18 Section 8.33 as follows:

19  (30 ILCS 805/8.33)

20  Sec. 8.33. Exempt mandate.

21  (a) (Blank). Notwithstanding the provisions of Sections 6

22 and 8 of this Act, no reimbursement by the State is required

23 for the implementation of Section 5-42 of the Olympic Games

24 and Paralympic Games (2016) Law.
    SB2394 Enrolled            - 503 - LRB104 09208 AMC 19265 b

1   (b) Notwithstanding Sections 6 and 8 of this Act, no

2 reimbursement by the State is required for the implementation

3 of any mandate created by Public Act 96-139, 96-251, 96-260,

4 96-285, 96-297, 96-299, 96-343, 96-357, 96-410, 96-429,

5 96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749,

6 96-775, 96-841, or 96-843.

7   (c) Notwithstanding Sections 6 and 8 of this Act, no

8 reimbursement by the State is required for the implementation

9 of any mandate created by the Identity Protection Act.

10 (Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,

11 eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;

12 96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-343, eff.

13 8-11-09; 96-357, eff. 8-13-09; 96-410, eff. 7-1-10; 96-429,

14 eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09;

15 96-621, eff. 1-1-10; 96-650, eff. 1-1-10; 96-727, eff.

16 8-25-09; 96-745, eff. 8-25-09; 96-749, eff. 1-1-10; 96-775,

17 eff. 8-28-09; 96-841, eff. 12-23-09; 96-843, eff. 6-1-10;

18 96-874, eff. 6-1-10; 96-1000, eff. 7-2-10; 97-333, eff.

19 8-12-11; revised 7-24-24.)

20  Section 260. The Illinois Income Tax Act is amended by

21 changing Sections 203, 244, 304, and 704A and by setting

22 forth, renumbering, and changing multiple versions of Section

23 241 as follows:

24  (35 ILCS 5/203) (from Ch. 120, par. 2-203)
    SB2394 Enrolled   - 504 - LRB104 09208 AMC 19265 b

1   Sec. 203. Base income defined.

2   (a) Individuals.

3   (1) In general. In the case of an individual, base

4   income means an amount equal to the taxpayer's adjusted

5   gross income for the taxable year as modified by paragraph

6   (2).

7   (2) Modifications. The adjusted gross income referred

8   to in paragraph (1) shall be modified by adding thereto

9   the sum of the following amounts:

10        (A) An amount equal to all amounts paid or accrued

11  to the taxpayer as interest or dividends during the

12  taxable year to the extent excluded from gross income

13  in the computation of adjusted gross income, except

14  stock dividends of qualified public utilities

15  described in Section 305(e) of the Internal Revenue

16  Code;

17        (B) An amount equal to the amount of tax imposed by

18  this Act to the extent deducted from gross income in

19  the computation of adjusted gross income for the

20  taxable year;

21        (C) An amount equal to the amount received during

22  the taxable year as a recovery or refund of real

23  property taxes paid with respect to the taxpayer's

24  principal residence under the Revenue Act of 1939 and

25  for which a deduction was previously taken under

26  subparagraph (L) of this paragraph (2) prior to July
    SB2394 Enrolled  - 505 - LRB104 09208 AMC 19265 b

1   1, 1991, the retrospective application date of Article

2   4 of Public Act 87-17. In the case of multi-unit or

3   multi-use structures and farm dwellings, the taxes on

4   the taxpayer's principal residence shall be that

5   portion of the total taxes for the entire property

6   which is attributable to such principal residence;

7   (D) An amount equal to the amount of the capital

8   gain deduction allowable under the Internal Revenue

9   Code, to the extent deducted from gross income in the

10  computation of adjusted gross income;

11  (D-5) An amount, to the extent not included in

12  adjusted gross income, equal to the amount of money

13  withdrawn by the taxpayer in the taxable year from a

14  medical care savings account and the interest earned

15  on the account in the taxable year of a withdrawal

16  pursuant to subsection (b) of Section 20 of the

17  Medical Care Savings Account Act or subsection (b) of

18  Section 20 of the Medical Care Savings Account Act of

19  2000;

20  (D-10) For taxable years ending after December 31,

21  1997, an amount equal to any eligible remediation

22  costs that the individual deducted in computing

23  adjusted gross income and for which the individual

24  claims a credit under subsection (l) of Section 201;

25  (D-15) For taxable years 2001 and thereafter, an

26  amount equal to the bonus depreciation deduction taken
    SB2394 Enrolled  - 506 - LRB104 09208 AMC 19265 b

1   on the taxpayer's federal income tax return for the

2   taxable year under subsection (k) of Section 168 of

3   the Internal Revenue Code;

4   (D-16) If the taxpayer sells, transfers, abandons,

5   or otherwise disposes of property for which the

6   taxpayer was required in any taxable year to make an

7   addition modification under subparagraph (D-15), then

8   an amount equal to the aggregate amount of the

9   deductions taken in all taxable years under

10  subparagraph (Z) with respect to that property.

11  If the taxpayer continues to own property through

12  the last day of the last tax year for which a

13  subtraction is allowed with respect to that property

14  under subparagraph (Z) and for which the taxpayer was

15  allowed in any taxable year to make a subtraction

16  modification under subparagraph (Z), then an amount

17  equal to that subtraction modification.

18  The taxpayer is required to make the addition

19  modification under this subparagraph only once with

20  respect to any one piece of property;

21  (D-17) An amount equal to the amount otherwise

22  allowed as a deduction in computing base income for

23  interest paid, accrued, or incurred, directly or

24  indirectly, (i) for taxable years ending on or after

25  December 31, 2004, to a foreign person who would be a

26  member of the same unitary business group but for the
    SB2394 Enrolled  - 507 - LRB104 09208 AMC 19265 b

1   fact that foreign person's business activity outside

2   the United States is 80% or more of the foreign

3   person's total business activity and (ii) for taxable

4   years ending on or after December 31, 2008, to a person

5   who would be a member of the same unitary business

6   group but for the fact that the person is prohibited

7   under Section 1501(a)(27) from being included in the

8   unitary business group because he or she is ordinarily

9   required to apportion business income under different

10  subsections of Section 304. The addition modification

11  required by this subparagraph shall be reduced to the

12  extent that dividends were included in base income of

13  the unitary group for the same taxable year and

14  received by the taxpayer or by a member of the

15  taxpayer's unitary business group (including amounts

16  included in gross income under Sections 951 through

17  964 of the Internal Revenue Code and amounts included

18  in gross income under Section 78 of the Internal

19  Revenue Code) with respect to the stock of the same

20  person to whom the interest was paid, accrued, or

21  incurred.

22  This paragraph shall not apply to the following:

23                   (i) an item of interest paid, accrued, or

24  incurred, directly or indirectly, to a person who

25  is subject in a foreign country or state, other

26  than a state which requires mandatory unitary
    SB2394 Enrolled             - 508 - LRB104 09208 AMC 19265 b

1   reporting, to a tax on or measured by net income

2   with respect to such interest; or

3                    (ii) an item of interest paid, accrued, or

4   incurred, directly or indirectly, to a person if

5   the taxpayer can establish, based on a

6   preponderance of the evidence, both of the

7   following:

8                    (a) the person, during the same taxable

9                    year, paid, accrued, or incurred, the interest

10                   to a person that is not a related member, and

11                   (b) the transaction giving rise to the

12                   interest expense between the taxpayer and the

13                   person did not have as a principal purpose the

14                   avoidance of Illinois income tax, and is paid

15                   pursuant to a contract or agreement that

16                   reflects an arm's-length interest rate and

17                   terms; or

18                   (iii) the taxpayer can establish, based on

19  clear and convincing evidence, that the interest

20  paid, accrued, or incurred relates to a contract

21  or agreement entered into at arm's-length rates

22  and terms and the principal purpose for the

23  payment is not federal or Illinois tax avoidance;

24  or

25                   (iv) an item of interest paid, accrued, or

26  incurred, directly or indirectly, to a person if
    SB2394 Enrolled  - 509 - LRB104 09208 AMC 19265 b

1   the taxpayer establishes by clear and convincing

2   evidence that the adjustments are unreasonable; or

3   if the taxpayer and the Director agree in writing

4   to the application or use of an alternative method

5   of apportionment under Section 304(f).

6                    Nothing in this subsection shall preclude the

7   Director from making any other adjustment

8   otherwise allowed under Section 404 of this Act

9   for any tax year beginning after the effective

10  date of this amendment provided such adjustment is

11  made pursuant to regulation adopted by the

12  Department and such regulations provide methods

13  and standards by which the Department will utilize

14  its authority under Section 404 of this Act;

15  (D-18) An amount equal to the amount of intangible

16  expenses and costs otherwise allowed as a deduction in

17  computing base income, and that were paid, accrued, or

18  incurred, directly or indirectly, (i) for taxable

19  years ending on or after December 31, 2004, to a

20  foreign person who would be a member of the same

21  unitary business group but for the fact that the

22  foreign person's business activity outside the United

23  States is 80% or more of that person's total business

24  activity and (ii) for taxable years ending on or after

25  December 31, 2008, to a person who would be a member of

26  the same unitary business group but for the fact that
    SB2394 Enrolled  - 510 - LRB104 09208 AMC 19265 b

1   the person is prohibited under Section 1501(a)(27)

2   from being included in the unitary business group

3   because he or she is ordinarily required to apportion

4   business income under different subsections of Section

5   304. The addition modification required by this

6   subparagraph shall be reduced to the extent that

7   dividends were included in base income of the unitary

8   group for the same taxable year and received by the

9   taxpayer or by a member of the taxpayer's unitary

10  business group (including amounts included in gross

11  income under Sections 951 through 964 of the Internal

12  Revenue Code and amounts included in gross income

13  under Section 78 of the Internal Revenue Code) with

14  respect to the stock of the same person to whom the

15  intangible expenses and costs were directly or

16  indirectly paid, incurred, or accrued. The preceding

17  sentence does not apply to the extent that the same

18  dividends caused a reduction to the addition

19  modification required under Section 203(a)(2)(D-17) of

20  this Act. As used in this subparagraph, the term

21  "intangible expenses and costs" includes (1) expenses,

22  losses, and costs for, or related to, the direct or

23  indirect acquisition, use, maintenance or management,

24  ownership, sale, exchange, or any other disposition of

25  intangible property; (2) losses incurred, directly or

26  indirectly, from factoring transactions or discounting
    SB2394 Enrolled  - 511 - LRB104 09208 AMC 19265 b

1   transactions; (3) royalty, patent, technical, and

2   copyright fees; (4) licensing fees; and (5) other

3   similar expenses and costs. For purposes of this

4   subparagraph, "intangible property" includes patents,

5   patent applications, trade names, trademarks, service

6   marks, copyrights, mask works, trade secrets, and

7   similar types of intangible assets.

8   This paragraph shall not apply to the following:

9                    (i) any item of intangible expenses or costs

10  paid, accrued, or incurred, directly or

11  indirectly, from a transaction with a person who

12  is subject in a foreign country or state, other

13  than a state which requires mandatory unitary

14  reporting, to a tax on or measured by net income

15  with respect to such item; or

16                   (ii) any item of intangible expense or cost

17  paid, accrued, or incurred, directly or

18  indirectly, if the taxpayer can establish, based

19  on a preponderance of the evidence, both of the

20  following:

21                   (a) the person during the same taxable

22                   year paid, accrued, or incurred, the

23                   intangible expense or cost to a person that is

24                   not a related member, and

25                   (b) the transaction giving rise to the

26                   intangible expense or cost between the
    SB2394 Enrolled      - 512 - LRB104 09208 AMC 19265 b

1                    taxpayer and the person did not have as a

2                    principal purpose the avoidance of Illinois

3                    income tax, and is paid pursuant to a contract

4                    or agreement that reflects arm's-length terms;

5                    or

6                    (iii) any item of intangible expense or cost

7   paid, accrued, or incurred, directly or

8   indirectly, from a transaction with a person if

9   the taxpayer establishes by clear and convincing

10  evidence, that the adjustments are unreasonable;

11  or if the taxpayer and the Director agree in

12  writing to the application or use of an

13  alternative method of apportionment under Section

14  304(f);

15                   Nothing in this subsection shall preclude the

16  Director from making any other adjustment

17  otherwise allowed under Section 404 of this Act

18  for any tax year beginning after the effective

19  date of this amendment provided such adjustment is

20  made pursuant to regulation adopted by the

21  Department and such regulations provide methods

22  and standards by which the Department will utilize

23  its authority under Section 404 of this Act;

24  (D-19) For taxable years ending on or after

25  December 31, 2008, an amount equal to the amount of

26  insurance premium expenses and costs otherwise allowed
    SB2394 Enrolled  - 513 - LRB104 09208 AMC 19265 b

1   as a deduction in computing base income, and that were

2   paid, accrued, or incurred, directly or indirectly, to

3   a person who would be a member of the same unitary

4   business group but for the fact that the person is

5   prohibited under Section 1501(a)(27) from being

6   included in the unitary business group because he or

7   she is ordinarily required to apportion business

8   income under different subsections of Section 304. The

9   addition modification required by this subparagraph

10  shall be reduced to the extent that dividends were

11  included in base income of the unitary group for the

12  same taxable year and received by the taxpayer or by a

13  member of the taxpayer's unitary business group

14  (including amounts included in gross income under

15  Sections 951 through 964 of the Internal Revenue Code

16  and amounts included in gross income under Section 78

17  of the Internal Revenue Code) with respect to the

18  stock of the same person to whom the premiums and costs

19  were directly or indirectly paid, incurred, or

20  accrued. The preceding sentence does not apply to the

21  extent that the same dividends caused a reduction to

22  the addition modification required under Section

23  203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this

24  Act;

25  (D-20) For taxable years beginning on or after

26  January 1, 2002 and ending on or before December 31,
    SB2394 Enrolled  - 514 - LRB104 09208 AMC 19265 b

1   2006, in the case of a distribution from a qualified

2   tuition program under Section 529 of the Internal

3   Revenue Code, other than (i) a distribution from a

4   College Savings Pool created under Section 16.5 of the

5   State Treasurer Act or (ii) a distribution from the

6   Illinois Prepaid Tuition Trust Fund, an amount equal

7   to the amount excluded from gross income under Section

8   529(c)(3)(B). For taxable years beginning on or after

9   January 1, 2007, in the case of a distribution from a

10  qualified tuition program under Section 529 of the

11  Internal Revenue Code, other than (i) a distribution

12  from a College Savings Pool created under Section 16.5

13  of the State Treasurer Act, (ii) a distribution from

14  the Illinois Prepaid Tuition Trust Fund, or (iii) a

15  distribution from a qualified tuition program under

16  Section 529 of the Internal Revenue Code that (I)

17  adopts and determines that its offering materials

18  comply with the College Savings Plans Network's

19  disclosure principles and (II) has made reasonable

20  efforts to inform in-state residents of the existence

21  of in-state qualified tuition programs by informing

22  Illinois residents directly and, where applicable, to

23  inform financial intermediaries distributing the

24  program to inform in-state residents of the existence

25  of in-state qualified tuition programs at least

26  annually, an amount equal to the amount excluded from
    SB2394 Enrolled  - 515 - LRB104 09208 AMC 19265 b

1   gross income under Section 529(c)(3)(B).

2   For the purposes of this subparagraph (D-20), a

3   qualified tuition program has made reasonable efforts

4   if it makes disclosures (which may use the term

5   "in-state program" or "in-state plan" and need not

6   specifically refer to Illinois or its qualified

7   programs by name) (i) directly to prospective

8   participants in its offering materials or makes a

9   public disclosure, such as a website posting; and (ii)

10  where applicable, to intermediaries selling the

11  out-of-state program in the same manner that the

12  out-of-state program distributes its offering

13  materials;

14  (D-20.5) For taxable years beginning on or after

15  January 1, 2018, in the case of a distribution from a

16  qualified ABLE program under Section 529A of the

17  Internal Revenue Code, other than a distribution from

18  a qualified ABLE program created under Section 16.6 of

19  the State Treasurer Act, an amount equal to the amount

20  excluded from gross income under Section 529A(c)(1)(B)

21  of the Internal Revenue Code;

22  (D-21) For taxable years beginning on or after

23  January 1, 2007, in the case of transfer of moneys from

24  a qualified tuition program under Section 529 of the

25  Internal Revenue Code that is administered by the

26  State to an out-of-state program, an amount equal to
    SB2394 Enrolled  - 516 - LRB104 09208 AMC 19265 b

1   the amount of moneys previously deducted from base

2   income under subsection (a)(2)(Y) of this Section;

3   (D-21.5) For taxable years beginning on or after

4   January 1, 2018, in the case of the transfer of moneys

5   from a qualified tuition program under Section 529 or

6   a qualified ABLE program under Section 529A of the

7   Internal Revenue Code that is administered by this

8   State to an ABLE account established under an

9   out-of-state ABLE account program, an amount equal to

10  the contribution component of the transferred amount

11  that was previously deducted from base income under

12  subsection (a)(2)(Y) or subsection (a)(2)(HH) of this

13  Section;

14  (D-22) For taxable years beginning on or after

15  January 1, 2009, and prior to January 1, 2018, in the

16  case of a nonqualified withdrawal or refund of moneys

17  from a qualified tuition program under Section 529 of

18  the Internal Revenue Code administered by the State

19  that is not used for qualified expenses at an eligible

20  education institution, an amount equal to the

21  contribution component of the nonqualified withdrawal

22  or refund that was previously deducted from base

23  income under subsection (a)(2)(y) of this Section,

24  provided that the withdrawal or refund did not result

25  from the beneficiary's death or disability. For

26  taxable years beginning on or after January 1, 2018:
    SB2394 Enrolled   - 517 - LRB104 09208 AMC 19265 b

1   (1) in the case of a nonqualified withdrawal or

2   refund, as defined under Section 16.5 of the State

3   Treasurer Act, of moneys from a qualified tuition

4   program under Section 529 of the Internal Revenue Code

5   administered by the State, an amount equal to the

6   contribution component of the nonqualified withdrawal

7   or refund that was previously deducted from base

8   income under subsection (a)(2)(Y) of this Section, and

9   (2) in the case of a nonqualified withdrawal or refund

10  from a qualified ABLE program under Section 529A of

11  the Internal Revenue Code administered by the State

12  that is not used for qualified disability expenses, an

13  amount equal to the contribution component of the

14  nonqualified withdrawal or refund that was previously

15  deducted from base income under subsection (a)(2)(HH)

16  of this Section;

17  (D-23) An amount equal to the credit allowable to

18  the taxpayer under Section 218(a) of this Act,

19  determined without regard to Section 218(c) of this

20  Act;

21  (D-24) For taxable years ending on or after

22  December 31, 2017, an amount equal to the deduction

23  allowed under Section 199 of the Internal Revenue Code

24  for the taxable year;

25  (D-25) In the case of a resident, an amount equal

26  to the amount of tax for which a credit is allowed
    SB2394 Enrolled     - 518 - LRB104 09208 AMC 19265 b

1   pursuant to Section 201(p)(7) of this Act;

2   and by deducting from the total so obtained the sum of the

3   following amounts:

4   (E) For taxable years ending before December 31,

5   2001, any amount included in such total in respect of

6   any compensation (including but not limited to any

7   compensation paid or accrued to a serviceman while a

8   prisoner of war or missing in action) paid to a

9   resident by reason of being on active duty in the Armed

10  Forces of the United States and in respect of any

11  compensation paid or accrued to a resident who as a

12  governmental employee was a prisoner of war or missing

13  in action, and in respect of any compensation paid to a

14  resident in 1971 or thereafter for annual training

15  performed pursuant to Sections 502 and 503, Title 32,

16  United States Code as a member of the Illinois

17  National Guard or, beginning with taxable years ending

18  on or after December 31, 2007, the National Guard of

19  any other state. For taxable years ending on or after

20  December 31, 2001, any amount included in such total

21  in respect of any compensation (including but not

22  limited to any compensation paid or accrued to a

23  serviceman while a prisoner of war or missing in

24  action) paid to a resident by reason of being a member

25  of any component of the Armed Forces of the United

26  States and in respect of any compensation paid or
    SB2394 Enrolled  - 519 - LRB104 09208 AMC 19265 b

1   accrued to a resident who as a governmental employee

2   was a prisoner of war or missing in action, and in

3   respect of any compensation paid to a resident in 2001

4   or thereafter by reason of being a member of the

5   Illinois National Guard or, beginning with taxable

6   years ending on or after December 31, 2007, the

7   National Guard of any other state. The provisions of

8   this subparagraph (E) are exempt from the provisions

9   of Section 250;

10  (F) An amount equal to all amounts included in

11  such total pursuant to the provisions of Sections

12  402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and

13  408 of the Internal Revenue Code, or included in such

14  total as distributions under the provisions of any

15  retirement or disability plan for employees of any

16  governmental agency or unit, or retirement payments to

17  retired partners, which payments are excluded in

18  computing net earnings from self employment by Section

19  1402 of the Internal Revenue Code and regulations

20  adopted pursuant thereto;

21  (G) The valuation limitation amount;

22  (H) An amount equal to the amount of any tax

23  imposed by this Act which was refunded to the taxpayer

24  and included in such total for the taxable year;

25  (I) An amount equal to all amounts included in

26  such total pursuant to the provisions of Section 111
    SB2394 Enrolled  - 520 - LRB104 09208 AMC 19265 b

1   of the Internal Revenue Code as a recovery of items

2   previously deducted from adjusted gross income in the

3   computation of taxable income;

4   (J) An amount equal to those dividends included in

5   such total which were paid by a corporation which

6   conducts business operations in a River Edge

7   Redevelopment Zone or zones created under the River

8   Edge Redevelopment Zone Act, and conducts

9   substantially all of its operations in a River Edge

10  Redevelopment Zone or zones. This subparagraph (J) is

11  exempt from the provisions of Section 250;

12  (K) An amount equal to those dividends included in

13  such total that were paid by a corporation that

14  conducts business operations in a federally designated

15  Foreign Trade Zone or Sub-Zone and that is designated

16  a High Impact Business located in Illinois; provided

17  that dividends eligible for the deduction provided in

18  subparagraph (J) of paragraph (2) of this subsection

19  shall not be eligible for the deduction provided under

20  this subparagraph (K);

21  (L) For taxable years ending after December 31,

22  1983, an amount equal to all social security benefits

23  and railroad retirement benefits included in such

24  total pursuant to Sections 72(r) and 86 of the

25  Internal Revenue Code;

26  (M) With the exception of any amounts subtracted
    SB2394 Enrolled  - 521 - LRB104 09208 AMC 19265 b

1   under subparagraph (N), an amount equal to the sum of

2   all amounts disallowed as deductions by (i) Sections

3   171(a)(2) and 265(a)(2) of the Internal Revenue Code,

4   and all amounts of expenses allocable to interest and

5   disallowed as deductions by Section 265(a)(1) of the

6   Internal Revenue Code; and (ii) for taxable years

7   ending on or after August 13, 1999, Sections

8   171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

9   Internal Revenue Code, plus, for taxable years ending

10  on or after December 31, 2011, Section 45G(e)(3) of

11  the Internal Revenue Code and, for taxable years

12  ending on or after December 31, 2008, any amount

13  included in gross income under Section 87 of the

14  Internal Revenue Code; the provisions of this

15  subparagraph are exempt from the provisions of Section

16  250;

17  (N) An amount equal to all amounts included in

18  such total which are exempt from taxation by this

19  State either by reason of its statutes or Constitution

20  or by reason of the Constitution, treaties or statutes

21  of the United States; provided that, in the case of any

22  statute of this State that exempts income derived from

23  bonds or other obligations from the tax imposed under

24  this Act, the amount exempted shall be the interest

25  net of bond premium amortization;

26  (O) An amount equal to any contribution made to a
    SB2394 Enrolled  - 522 - LRB104 09208 AMC 19265 b

1   job training project established pursuant to the Tax

2   Increment Allocation Redevelopment Act;

3   (P) An amount equal to the amount of the deduction

4   used to compute the federal income tax credit for

5   restoration of substantial amounts held under claim of

6   right for the taxable year pursuant to Section 1341 of

7   the Internal Revenue Code or of any itemized deduction

8   taken from adjusted gross income in the computation of

9   taxable income for restoration of substantial amounts

10  held under claim of right for the taxable year;

11  (Q) An amount equal to any amounts included in

12  such total, received by the taxpayer as an

13  acceleration in the payment of life, endowment or

14  annuity benefits in advance of the time they would

15  otherwise be payable as an indemnity for a terminal

16  illness;

17  (R) An amount equal to the amount of any federal or

18  State bonus paid to veterans of the Persian Gulf War;

19  (S) An amount, to the extent included in adjusted

20  gross income, equal to the amount of a contribution

21  made in the taxable year on behalf of the taxpayer to a

22  medical care savings account established under the

23  Medical Care Savings Account Act or the Medical Care

24  Savings Account Act of 2000 to the extent the

25  contribution is accepted by the account administrator

26  as provided in that Act;
    SB2394 Enrolled  - 523 - LRB104 09208 AMC 19265 b

1   (T) An amount, to the extent included in adjusted

2   gross income, equal to the amount of interest earned

3   in the taxable year on a medical care savings account

4   established under the Medical Care Savings Account Act

5   or the Medical Care Savings Account Act of 2000 on

6   behalf of the taxpayer, other than interest added

7   pursuant to item (D-5) of this paragraph (2);

8   (U) For one taxable year beginning on or after

9   January 1, 1994, an amount equal to the total amount of

10  tax imposed and paid under subsections (a) and (b) of

11  Section 201 of this Act on grant amounts received by

12  the taxpayer under the Nursing Home Grant Assistance

13  Act during the taxpayer's taxable years 1992 and 1993;

14  (V) Beginning with tax years ending on or after

15  December 31, 1995 and ending with tax years ending on

16  or before December 31, 2004, an amount equal to the

17  amount paid by a taxpayer who is a self-employed

18  taxpayer, a partner of a partnership, or a shareholder

19  in a Subchapter S corporation for health insurance or

20  long-term care insurance for that taxpayer or that

21  taxpayer's spouse or dependents, to the extent that

22  the amount paid for that health insurance or long-term

23  care insurance may be deducted under Section 213 of

24  the Internal Revenue Code, has not been deducted on

25  the federal income tax return of the taxpayer, and

26  does not exceed the taxable income attributable to
    SB2394 Enrolled  - 524 - LRB104 09208 AMC 19265 b

1   that taxpayer's income, self-employment income, or

2   Subchapter S corporation income; except that no

3   deduction shall be allowed under this item (V) if the

4   taxpayer is eligible to participate in any health

5   insurance or long-term care insurance plan of an

6   employer of the taxpayer or the taxpayer's spouse. The

7   amount of the health insurance and long-term care

8   insurance subtracted under this item (V) shall be

9   determined by multiplying total health insurance and

10  long-term care insurance premiums paid by the taxpayer

11  times a number that represents the fractional

12  percentage of eligible medical expenses under Section

13  213 of the Internal Revenue Code of 1986 not actually

14  deducted on the taxpayer's federal income tax return;

15  (W) For taxable years beginning on or after

16  January 1, 1998, all amounts included in the

17  taxpayer's federal gross income in the taxable year

18  from amounts converted from a regular IRA to a Roth

19  IRA. This paragraph is exempt from the provisions of

20  Section 250;

21  (X) For taxable year 1999 and thereafter, an

22  amount equal to the amount of any (i) distributions,

23  to the extent includible in gross income for federal

24  income tax purposes, made to the taxpayer because of

25  his or her status as a victim of persecution for racial

26  or religious reasons by Nazi Germany or any other Axis
    SB2394 Enrolled  - 525 - LRB104 09208 AMC 19265 b

1   regime or as an heir of the victim and (ii) items of

2   income, to the extent includible in gross income for

3   federal income tax purposes, attributable to, derived

4   from or in any way related to assets stolen from,

5   hidden from, or otherwise lost to a victim of

6   persecution for racial or religious reasons by Nazi

7   Germany or any other Axis regime immediately prior to,

8   during, and immediately after World War II, including,

9   but not limited to, interest on the proceeds

10  receivable as insurance under policies issued to a

11  victim of persecution for racial or religious reasons

12  by Nazi Germany or any other Axis regime by European

13  insurance companies immediately prior to and during

14  World War II; provided, however, this subtraction from

15  federal adjusted gross income does not apply to assets

16  acquired with such assets or with the proceeds from

17  the sale of such assets; provided, further, this

18  paragraph shall only apply to a taxpayer who was the

19  first recipient of such assets after their recovery

20  and who is a victim of persecution for racial or

21  religious reasons by Nazi Germany or any other Axis

22  regime or as an heir of the victim. The amount of and

23  the eligibility for any public assistance, benefit, or

24  similar entitlement is not affected by the inclusion

25  of items (i) and (ii) of this paragraph in gross income

26  for federal income tax purposes. This paragraph is
    SB2394 Enrolled  - 526 - LRB104 09208 AMC 19265 b

1   exempt from the provisions of Section 250;

2   (Y) For taxable years beginning on or after

3   January 1, 2002 and ending on or before December 31,

4   2004, moneys contributed in the taxable year to a

5   College Savings Pool account under Section 16.5 of the

6   State Treasurer Act, except that amounts excluded from

7   gross income under Section 529(c)(3)(C)(i) of the

8   Internal Revenue Code shall not be considered moneys

9   contributed under this subparagraph (Y). For taxable

10  years beginning on or after January 1, 2005, a maximum

11  of $10,000 contributed in the taxable year to (i) a

12  College Savings Pool account under Section 16.5 of the

13  State Treasurer Act or (ii) the Illinois Prepaid

14  Tuition Trust Fund, except that amounts excluded from

15  gross income under Section 529(c)(3)(C)(i) of the

16  Internal Revenue Code shall not be considered moneys

17  contributed under this subparagraph (Y). For purposes

18  of this subparagraph, contributions made by an

19  employer on behalf of an employee, or matching

20  contributions made by an employee, shall be treated as

21  made by the employee. This subparagraph (Y) is exempt

22  from the provisions of Section 250;

23  (Z) For taxable years 2001 and thereafter, for the

24  taxable year in which the bonus depreciation deduction

25  is taken on the taxpayer's federal income tax return

26  under subsection (k) of Section 168 of the Internal
    SB2394 Enrolled              - 527 - LRB104 09208 AMC 19265 b

1   Revenue Code and for each applicable taxable year

2   thereafter, an amount equal to "x", where:

3                    (1) "y" equals the amount of the depreciation

4   deduction taken for the taxable year on the

5   taxpayer's federal income tax return on property

6   for which the bonus depreciation deduction was

7   taken in any year under subsection (k) of Section

8   168 of the Internal Revenue Code, but not

9   including the bonus depreciation deduction;

10                   (2) for taxable years ending on or before

11  December 31, 2005, "x" equals "y" multiplied by 30

12  and then divided by 70 (or "y" multiplied by

13  0.429); and

14                   (3) for taxable years ending after December

15  31, 2005:

16                   (i) for property on which a bonus

17                   depreciation deduction of 30% of the adjusted

18                   basis was taken, "x" equals "y" multiplied by

19                   30 and then divided by 70 (or "y" multiplied

20                   by 0.429);

21                   (ii) for property on which a bonus

22                   depreciation deduction of 50% of the adjusted

23                   basis was taken, "x" equals "y" multiplied by

24                   1.0;

25                   (iii) for property on which a bonus

26                   depreciation deduction of 100% of the adjusted
    SB2394 Enrolled  - 528 - LRB104 09208 AMC 19265 b

1                    basis was taken in a taxable year ending on or

2                    after December 31, 2021, "x" equals the

3                    depreciation deduction that would be allowed

4                    on that property if the taxpayer had made the

5                    election under Section 168(k)(7) of the

6                    Internal Revenue Code to not claim bonus

7                    depreciation on that property; and

8                    (iv) for property on which a bonus

9                    depreciation deduction of a percentage other

10                   than 30%, 50% or 100% of the adjusted basis

11                   was taken in a taxable year ending on or after

12                   December 31, 2021, "x" equals "y" multiplied

13                   by 100 times the percentage bonus depreciation

14                   on the property (that is, 100(bonus%)) and

15                   then divided by 100 times 1 minus the

16                   percentage bonus depreciation on the property

17                   (that is, 100(1-bonus%)).

18  The aggregate amount deducted under this

19  subparagraph in all taxable years for any one piece of

20  property may not exceed the amount of the bonus

21  depreciation deduction taken on that property on the

22  taxpayer's federal income tax return under subsection

23  (k) of Section 168 of the Internal Revenue Code. This

24  subparagraph (Z) is exempt from the provisions of

25  Section 250;

26  (AA) If the taxpayer sells, transfers, abandons,
    SB2394 Enrolled  - 529 - LRB104 09208 AMC 19265 b

1   or otherwise disposes of property for which the

2   taxpayer was required in any taxable year to make an

3   addition modification under subparagraph (D-15), then

4   an amount equal to that addition modification.

5   If the taxpayer continues to own property through

6   the last day of the last tax year for which a

7   subtraction is allowed with respect to that property

8   under subparagraph (Z) and for which the taxpayer was

9   required in any taxable year to make an addition

10  modification under subparagraph (D-15), then an amount

11  equal to that addition modification.

12  The taxpayer is allowed to take the deduction

13  under this subparagraph only once with respect to any

14  one piece of property.

15  This subparagraph (AA) is exempt from the

16  provisions of Section 250;

17  (BB) Any amount included in adjusted gross income,

18  other than salary, received by a driver in a

19  ridesharing arrangement using a motor vehicle;

20  (CC) The amount of (i) any interest income (net of

21  the deductions allocable thereto) taken into account

22  for the taxable year with respect to a transaction

23  with a taxpayer that is required to make an addition

24  modification with respect to such transaction under

25  Section          203(a)(2)(D-17),     203(b)(2)(E-12),

26  203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
    SB2394 Enrolled  - 530 - LRB104 09208 AMC 19265 b

1   the amount of that addition modification, and (ii) any

2   income from intangible property (net of the deductions

3   allocable thereto) taken into account for the taxable

4   year with respect to a transaction with a taxpayer

5   that is required to make an addition modification with

6   respect to such transaction under Section

7   203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

8   203(d)(2)(D-8), but not to exceed the amount of that

9   addition modification. This subparagraph (CC) is

10  exempt from the provisions of Section 250;

11  (DD) An amount equal to the interest income taken

12  into account for the taxable year (net of the

13  deductions allocable thereto) with respect to

14  transactions with (i) a foreign person who would be a

15  member of the taxpayer's unitary business group but

16  for the fact that the foreign person's business

17  activity outside the United States is 80% or more of

18  that person's total business activity and (ii) for

19  taxable years ending on or after December 31, 2008, to

20  a person who would be a member of the same unitary

21  business group but for the fact that the person is

22  prohibited under Section 1501(a)(27) from being

23  included in the unitary business group because he or

24  she is ordinarily required to apportion business

25  income under different subsections of Section 304, but

26  not to exceed the addition modification required to be
    SB2394 Enrolled  - 531 - LRB104 09208 AMC 19265 b

1   made for the same taxable year under Section

2   203(a)(2)(D-17) for interest paid, accrued, or

3   incurred, directly or indirectly, to the same person.

4   This subparagraph (DD) is exempt from the provisions

5   of Section 250;

6   (EE) An amount equal to the income from intangible

7   property taken into account for the taxable year (net

8   of the deductions allocable thereto) with respect to

9   transactions with (i) a foreign person who would be a

10  member of the taxpayer's unitary business group but

11  for the fact that the foreign person's business

12  activity outside the United States is 80% or more of

13  that person's total business activity and (ii) for

14  taxable years ending on or after December 31, 2008, to

15  a person who would be a member of the same unitary

16  business group but for the fact that the person is

17  prohibited under Section 1501(a)(27) from being

18  included in the unitary business group because he or

19  she is ordinarily required to apportion business

20  income under different subsections of Section 304, but

21  not to exceed the addition modification required to be

22  made for the same taxable year under Section

23  203(a)(2)(D-18) for intangible expenses and costs

24  paid, accrued, or incurred, directly or indirectly, to

25  the same foreign person. This subparagraph (EE) is

26  exempt from the provisions of Section 250;
    SB2394 Enrolled  - 532 - LRB104 09208 AMC 19265 b

1   (FF) An amount equal to any amount awarded to the

2   taxpayer during the taxable year by the Court of

3   Claims under subsection (c) of Section 8 of the Court

4   of Claims Act for time unjustly served in a State

5   prison. This subparagraph (FF) is exempt from the

6   provisions of Section 250;

7   (GG) For taxable years ending on or after December

8   31, 2011, in the case of a taxpayer who was required to

9   add back any insurance premiums under Section

10  203(a)(2)(D-19), such taxpayer may elect to subtract

11  that part of a reimbursement received from the

12  insurance company equal to the amount of the expense

13  or loss (including expenses incurred by the insurance

14  company) that would have been taken into account as a

15  deduction for federal income tax purposes if the

16  expense or loss had been uninsured. If a taxpayer

17  makes the election provided for by this subparagraph

18  (GG), the insurer to which the premiums were paid must

19  add back to income the amount subtracted by the

20  taxpayer pursuant to this subparagraph (GG). This

21  subparagraph (GG) is exempt from the provisions of

22  Section 250;

23  (HH) For taxable years beginning on or after

24  January 1, 2018 and prior to January 1, 2028, a maximum

25  of $10,000 contributed in the taxable year to a

26  qualified ABLE account under Section 16.6 of the State
    SB2394 Enrolled  - 533 - LRB104 09208 AMC 19265 b

1   Treasurer Act, except that amounts excluded from gross

2   income under Section 529(c)(3)(C)(i) or Section

3   529A(c)(1)(C) of the Internal Revenue Code shall not

4   be considered moneys contributed under this

5   subparagraph (HH). For purposes of this subparagraph

6   (HH), contributions made by an employer on behalf of

7   an employee, or matching contributions made by an

8   employee, shall be treated as made by the employee;

9   (II) For taxable years that begin on or after

10  January 1, 2021 and begin before January 1, 2026, the

11  amount that is included in the taxpayer's federal

12  adjusted gross income pursuant to Section 61 of the

13  Internal Revenue Code as discharge of indebtedness

14  attributable to student loan forgiveness and that is

15  not excluded from the taxpayer's federal adjusted

16  gross income pursuant to paragraph (5) of subsection

17  (f) of Section 108 of the Internal Revenue Code;

18  (JJ) For taxable years beginning on or after

19  January 1, 2023, for any cannabis establishment

20  operating in this State and licensed under the

21  Cannabis Regulation and Tax Act or any cannabis

22  cultivation center or medical cannabis dispensing

23  organization operating in this State and licensed

24  under the Compassionate Use of Medical Cannabis

25  Program Act, an amount equal to the deductions that

26  were disallowed under Section 280E of the Internal
    SB2394 Enrolled      - 534 - LRB104 09208 AMC 19265 b

1   Revenue Code for the taxable year and that would not be

2   added back under this subsection. The provisions of

3   this subparagraph (JJ) are exempt from the provisions

4   of Section 250; and

5   (KK) To the extent includible in gross income for

6   federal income tax purposes, any amount awarded or

7   paid to the taxpayer as a result of a judgment or

8   settlement for fertility fraud as provided in Section

9   15 of the Illinois Fertility Fraud Act, donor

10  fertility fraud as provided in Section 20 of the

11  Illinois Fertility Fraud Act, or similar action in

12  another state; and

13  (LL) For taxable years beginning on or after

14  January 1, 2026, if the taxpayer is a qualified

15  worker, as defined in the Workforce Development

16  through Charitable Loan Repayment Act, an amount equal

17  to the amount included in the taxpayer's federal

18  adjusted gross income that is attributable to student

19  loan repayment assistance received by the taxpayer

20  during the taxable year from a qualified community

21  foundation under the provisions of the Workforce

22  Development through Through Charitable Loan Repayment

23  Act.

24  This subparagraph (LL) is exempt from the

25  provisions of Section 250; and.

26  (MM) (LL) For taxable years beginning on or after
    SB2394 Enrolled    - 535 - LRB104 09208 AMC 19265 b

1   January 1, 2025, if the taxpayer is an eligible

2   resident as defined in the Medical Debt Relief Act, an

3   amount equal to the amount included in the taxpayer's

4   federal adjusted gross income that is attributable to

5   medical debt relief received by the taxpayer during

6   the taxable year from a nonprofit medical debt relief

7   coordinator under the provisions of the Medical Debt

8   Relief Act. This subparagraph (MM) (LL) is exempt from

9   the provisions of Section 250.

10  (b) Corporations.

11  (1) In general. In the case of a corporation, base

12  income means an amount equal to the taxpayer's taxable

13  income for the taxable year as modified by paragraph (2).

14  (2) Modifications. The taxable income referred to in

15  paragraph (1) shall be modified by adding thereto the sum

16  of the following amounts:

17  (A) An amount equal to all amounts paid or accrued

18  to the taxpayer as interest and all distributions

19  received from regulated investment companies during

20  the taxable year to the extent excluded from gross

21  income in the computation of taxable income;

22  (B) An amount equal to the amount of tax imposed by

23  this Act to the extent deducted from gross income in

24  the computation of taxable income for the taxable

25  year;
    SB2394 Enrolled  - 536 - LRB104 09208 AMC 19265 b

1   (C) In the case of a regulated investment company,

2   an amount equal to the excess of (i) the net long-term

3   capital gain for the taxable year, over (ii) the

4   amount of the capital gain dividends designated as

5   such in accordance with Section 852(b)(3)(C) of the

6   Internal Revenue Code and any amount designated under

7   Section 852(b)(3)(D) of the Internal Revenue Code,

8   attributable to the taxable year (this amendatory Act

9   of 1995 (Public Act 89-89) is declarative of existing

10  law and is not a new enactment);

11  (D) The amount of any net operating loss deduction

12  taken in arriving at taxable income, other than a net

13  operating loss carried forward from a taxable year

14  ending prior to December 31, 1986;

15  (E) For taxable years in which a net operating

16  loss carryback or carryforward from a taxable year

17  ending prior to December 31, 1986 is an element of

18  taxable income under paragraph (1) of subsection (e)

19  or subparagraph (E) of paragraph (2) of subsection

20  (e), the amount by which addition modifications other

21  than those provided by this subparagraph (E) exceeded

22  subtraction modifications in such earlier taxable

23  year, with the following limitations applied in the

24  order that they are listed:

25                   (i) the addition modification relating to the

26  net operating loss carried back or forward to the
    SB2394 Enrolled  - 537 - LRB104 09208 AMC 19265 b

1   taxable year from any taxable year ending prior to

2   December 31, 1986 shall be reduced by the amount

3   of addition modification under this subparagraph

4   (E) which related to that net operating loss and

5   which was taken into account in calculating the

6   base income of an earlier taxable year, and

7                    (ii) the addition modification relating to the

8   net operating loss carried back or forward to the

9   taxable year from any taxable year ending prior to

10  December 31, 1986 shall not exceed the amount of

11  such carryback or carryforward;

12  For taxable years in which there is a net

13  operating loss carryback or carryforward from more

14  than one other taxable year ending prior to December

15  31, 1986, the addition modification provided in this

16  subparagraph (E) shall be the sum of the amounts

17  computed independently under the preceding provisions

18  of this subparagraph (E) for each such taxable year;

19  (E-5) For taxable years ending after December 31,

20  1997, an amount equal to any eligible remediation

21  costs that the corporation deducted in computing

22  adjusted gross income and for which the corporation

23  claims a credit under subsection (l) of Section 201;

24  (E-10) For taxable years 2001 and thereafter, an

25  amount equal to the bonus depreciation deduction taken

26  on the taxpayer's federal income tax return for the
    SB2394 Enrolled  - 538 - LRB104 09208 AMC 19265 b

1   taxable year under subsection (k) of Section 168 of

2   the Internal Revenue Code;

3   (E-11) If the taxpayer sells, transfers, abandons,

4   or otherwise disposes of property for which the

5   taxpayer was required in any taxable year to make an

6   addition modification under subparagraph (E-10), then

7   an amount equal to the aggregate amount of the

8   deductions taken in all taxable years under

9   subparagraph (T) with respect to that property.

10  If the taxpayer continues to own property through

11  the last day of the last tax year for which a

12  subtraction is allowed with respect to that property

13  under subparagraph (T) and for which the taxpayer was

14  allowed in any taxable year to make a subtraction

15  modification under subparagraph (T), then an amount

16  equal to that subtraction modification.

17  The taxpayer is required to make the addition

18  modification under this subparagraph only once with

19  respect to any one piece of property;

20  (E-12) An amount equal to the amount otherwise

21  allowed as a deduction in computing base income for

22  interest paid, accrued, or incurred, directly or

23  indirectly, (i) for taxable years ending on or after

24  December 31, 2004, to a foreign person who would be a

25  member of the same unitary business group but for the

26  fact the foreign person's business activity outside
    SB2394 Enrolled  - 539 - LRB104 09208 AMC 19265 b

1   the United States is 80% or more of the foreign

2   person's total business activity and (ii) for taxable

3   years ending on or after December 31, 2008, to a person

4   who would be a member of the same unitary business

5   group but for the fact that the person is prohibited

6   under Section 1501(a)(27) from being included in the

7   unitary business group because he or she is ordinarily

8   required to apportion business income under different

9   subsections of Section 304. The addition modification

10  required by this subparagraph shall be reduced to the

11  extent that dividends were included in base income of

12  the unitary group for the same taxable year and

13  received by the taxpayer or by a member of the

14  taxpayer's unitary business group (including amounts

15  included in gross income pursuant to Sections 951

16  through 964 of the Internal Revenue Code and amounts

17  included in gross income under Section 78 of the

18  Internal Revenue Code) with respect to the stock of

19  the same person to whom the interest was paid,

20  accrued, or incurred.

21  This paragraph shall not apply to the following:

22                   (i) an item of interest paid, accrued, or

23  incurred, directly or indirectly, to a person who

24  is subject in a foreign country or state, other

25  than a state which requires mandatory unitary

26  reporting, to a tax on or measured by net income
    SB2394 Enrolled             - 540 - LRB104 09208 AMC 19265 b

1   with respect to such interest; or

2                    (ii) an item of interest paid, accrued, or

3   incurred, directly or indirectly, to a person if

4   the taxpayer can establish, based on a

5   preponderance of the evidence, both of the

6   following:

7                    (a) the person, during the same taxable

8                    year, paid, accrued, or incurred, the interest

9                    to a person that is not a related member, and

10                   (b) the transaction giving rise to the

11                   interest expense between the taxpayer and the

12                   person did not have as a principal purpose the

13                   avoidance of Illinois income tax, and is paid

14                   pursuant to a contract or agreement that

15                   reflects an arm's-length interest rate and

16                   terms; or

17                   (iii) the taxpayer can establish, based on

18  clear and convincing evidence, that the interest

19  paid, accrued, or incurred relates to a contract

20  or agreement entered into at arm's-length rates

21  and terms and the principal purpose for the

22  payment is not federal or Illinois tax avoidance;

23  or

24                   (iv) an item of interest paid, accrued, or

25  incurred, directly or indirectly, to a person if

26  the taxpayer establishes by clear and convincing
    SB2394 Enrolled  - 541 - LRB104 09208 AMC 19265 b

1   evidence that the adjustments are unreasonable; or

2   if the taxpayer and the Director agree in writing

3   to the application or use of an alternative method

4   of apportionment under Section 304(f).

5                    Nothing in this subsection shall preclude the

6   Director from making any other adjustment

7   otherwise allowed under Section 404 of this Act

8   for any tax year beginning after the effective

9   date of this amendment provided such adjustment is

10  made pursuant to regulation adopted by the

11  Department and such regulations provide methods

12  and standards by which the Department will utilize

13  its authority under Section 404 of this Act;

14  (E-13) An amount equal to the amount of intangible

15  expenses and costs otherwise allowed as a deduction in

16  computing base income, and that were paid, accrued, or

17  incurred, directly or indirectly, (i) for taxable

18  years ending on or after December 31, 2004, to a

19  foreign person who would be a member of the same

20  unitary business group but for the fact that the

21  foreign person's business activity outside the United

22  States is 80% or more of that person's total business

23  activity and (ii) for taxable years ending on or after

24  December 31, 2008, to a person who would be a member of

25  the same unitary business group but for the fact that

26  the person is prohibited under Section 1501(a)(27)
    SB2394 Enrolled  - 542 - LRB104 09208 AMC 19265 b

1   from being included in the unitary business group

2   because he or she is ordinarily required to apportion

3   business income under different subsections of Section

4   304. The addition modification required by this

5   subparagraph shall be reduced to the extent that

6   dividends were included in base income of the unitary

7   group for the same taxable year and received by the

8   taxpayer or by a member of the taxpayer's unitary

9   business group (including amounts included in gross

10  income pursuant to Sections 951 through 964 of the

11  Internal Revenue Code and amounts included in gross

12  income under Section 78 of the Internal Revenue Code)

13  with respect to the stock of the same person to whom

14  the intangible expenses and costs were directly or

15  indirectly paid, incurred, or accrued. The preceding

16  sentence shall not apply to the extent that the same

17  dividends caused a reduction to the addition

18  modification required under Section 203(b)(2)(E-12) of

19  this Act. As used in this subparagraph, the term

20  "intangible expenses and costs" includes (1) expenses,

21  losses, and costs for, or related to, the direct or

22  indirect acquisition, use, maintenance or management,

23  ownership, sale, exchange, or any other disposition of

24  intangible property; (2) losses incurred, directly or

25  indirectly, from factoring transactions or discounting

26  transactions; (3) royalty, patent, technical, and
    SB2394 Enrolled  - 543 - LRB104 09208 AMC 19265 b

1   copyright fees; (4) licensing fees; and (5) other

2   similar expenses and costs. For purposes of this

3   subparagraph, "intangible property" includes patents,

4   patent applications, trade names, trademarks, service

5   marks, copyrights, mask works, trade secrets, and

6   similar types of intangible assets.

7   This paragraph shall not apply to the following:

8                    (i) any item of intangible expenses or costs

9   paid, accrued, or incurred, directly or

10  indirectly, from a transaction with a person who

11  is subject in a foreign country or state, other

12  than a state which requires mandatory unitary

13  reporting, to a tax on or measured by net income

14  with respect to such item; or

15                   (ii) any item of intangible expense or cost

16  paid, accrued, or incurred, directly or

17  indirectly, if the taxpayer can establish, based

18  on a preponderance of the evidence, both of the

19  following:

20                   (a) the person during the same taxable

21                   year paid, accrued, or incurred, the

22                   intangible expense or cost to a person that is

23                   not a related member, and

24                   (b) the transaction giving rise to the

25                   intangible expense or cost between the

26                   taxpayer and the person did not have as a
    SB2394 Enrolled      - 544 - LRB104 09208 AMC 19265 b

1                    principal purpose the avoidance of Illinois

2                    income tax, and is paid pursuant to a contract

3                    or agreement that reflects arm's-length terms;

4                    or

5                    (iii) any item of intangible expense or cost

6   paid, accrued, or incurred, directly or

7   indirectly, from a transaction with a person if

8   the taxpayer establishes by clear and convincing

9   evidence, that the adjustments are unreasonable;

10  or if the taxpayer and the Director agree in

11  writing to the application or use of an

12  alternative method of apportionment under Section

13  304(f);

14                   Nothing in this subsection shall preclude the

15  Director from making any other adjustment

16  otherwise allowed under Section 404 of this Act

17  for any tax year beginning after the effective

18  date of this amendment provided such adjustment is

19  made pursuant to regulation adopted by the

20  Department and such regulations provide methods

21  and standards by which the Department will utilize

22  its authority under Section 404 of this Act;

23  (E-14) For taxable years ending on or after

24  December 31, 2008, an amount equal to the amount of

25  insurance premium expenses and costs otherwise allowed

26  as a deduction in computing base income, and that were
    SB2394 Enrolled  - 545 - LRB104 09208 AMC 19265 b

1   paid, accrued, or incurred, directly or indirectly, to

2   a person who would be a member of the same unitary

3   business group but for the fact that the person is

4   prohibited under Section 1501(a)(27) from being

5   included in the unitary business group because he or

6   she is ordinarily required to apportion business

7   income under different subsections of Section 304. The

8   addition modification required by this subparagraph

9   shall be reduced to the extent that dividends were

10  included in base income of the unitary group for the

11  same taxable year and received by the taxpayer or by a

12  member of the taxpayer's unitary business group

13  (including amounts included in gross income under

14  Sections 951 through 964 of the Internal Revenue Code

15  and amounts included in gross income under Section 78

16  of the Internal Revenue Code) with respect to the

17  stock of the same person to whom the premiums and costs

18  were directly or indirectly paid, incurred, or

19  accrued. The preceding sentence does not apply to the

20  extent that the same dividends caused a reduction to

21  the addition modification required under Section

22  203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this

23  Act;

24  (E-15) For taxable years beginning after December

25  31, 2008, any deduction for dividends paid by a

26  captive real estate investment trust that is allowed
    SB2394 Enrolled  - 546 - LRB104 09208 AMC 19265 b

1   to a real estate investment trust under Section

2   857(b)(2)(B) of the Internal Revenue Code for

3   dividends paid;

4   (E-16) An amount equal to the credit allowable to

5   the taxpayer under Section 218(a) of this Act,

6   determined without regard to Section 218(c) of this

7   Act;

8   (E-17) For taxable years ending on or after

9   December 31, 2017, an amount equal to the deduction

10  allowed under Section 199 of the Internal Revenue Code

11  for the taxable year;

12  (E-18) for taxable years beginning after December

13  31, 2018, an amount equal to the deduction allowed

14  under Section 250(a)(1)(A) of the Internal Revenue

15  Code for the taxable year;

16  (E-19) for taxable years ending on or after June

17  30, 2021, an amount equal to the deduction allowed

18  under Section 250(a)(1)(B)(i) of the Internal Revenue

19  Code for the taxable year;

20  (E-20) for taxable years ending on or after June

21  30, 2021, an amount equal to the deduction allowed

22  under Sections 243(e) and 245A(a) of the Internal

23  Revenue Code for the taxable year;

24  (E-21) the amount that is claimed as a federal

25  deduction when computing the taxpayer's federal

26  taxable income for the taxable year and that is
    SB2394 Enrolled     - 547 - LRB104 09208 AMC 19265 b

1   attributable to an endowment gift for which the

2   taxpayer receives a credit under the Illinois Gives

3   Tax Credit Act;

4   and by deducting from the total so obtained the sum of the

5   following amounts:

6   (F) An amount equal to the amount of any tax

7   imposed by this Act which was refunded to the taxpayer

8   and included in such total for the taxable year;

9   (G) An amount equal to any amount included in such

10  total under Section 78 of the Internal Revenue Code;

11  (H) In the case of a regulated investment company,

12  an amount equal to the amount of exempt interest

13  dividends as defined in subsection (b)(5) of Section

14  852 of the Internal Revenue Code, paid to shareholders

15  for the taxable year;

16  (I) With the exception of any amounts subtracted

17  under subparagraph (J), an amount equal to the sum of

18  all amounts disallowed as deductions by (i) Sections

19  171(a)(2) and 265(a)(2) and amounts disallowed as

20  interest expense by Section 291(a)(3) of the Internal

21  Revenue Code, and all amounts of expenses allocable to

22  interest and disallowed as deductions by Section

23  265(a)(1) of the Internal Revenue Code; and (ii) for

24  taxable years ending on or after August 13, 1999,

25  Sections 171(a)(2), 265, 280C, 291(a)(3), and

26  832(b)(5)(B)(i) of the Internal Revenue Code, plus,
    SB2394 Enrolled  - 548 - LRB104 09208 AMC 19265 b

1   for tax years ending on or after December 31, 2011,

2   amounts disallowed as deductions by Section 45G(e)(3)

3   of the Internal Revenue Code and, for taxable years

4   ending on or after December 31, 2008, any amount

5   included in gross income under Section 87 of the

6   Internal Revenue Code and the policyholders' share of

7   tax-exempt interest of a life insurance company under

8   Section 807(a)(2)(B) of the Internal Revenue Code (in

9   the case of a life insurance company with gross income

10  from a decrease in reserves for the tax year) or

11  Section 807(b)(1)(B) of the Internal Revenue Code (in

12  the case of a life insurance company allowed a

13  deduction for an increase in reserves for the tax

14  year); the provisions of this subparagraph are exempt

15  from the provisions of Section 250;

16  (J) An amount equal to all amounts included in

17  such total which are exempt from taxation by this

18  State either by reason of its statutes or Constitution

19  or by reason of the Constitution, treaties or statutes

20  of the United States; provided that, in the case of any

21  statute of this State that exempts income derived from

22  bonds or other obligations from the tax imposed under

23  this Act, the amount exempted shall be the interest

24  net of bond premium amortization;

25  (K) An amount equal to those dividends included in

26  such total which were paid by a corporation which
    SB2394 Enrolled  - 549 - LRB104 09208 AMC 19265 b

1   conducts business operations in a River Edge

2   Redevelopment Zone or zones created under the River

3   Edge Redevelopment Zone Act and conducts substantially

4   all of its operations in a River Edge Redevelopment

5   Zone or zones. This subparagraph (K) is exempt from

6   the provisions of Section 250;

7   (L) An amount equal to those dividends included in

8   such total that were paid by a corporation that

9   conducts business operations in a federally designated

10  Foreign Trade Zone or Sub-Zone and that is designated

11  a High Impact Business located in Illinois; provided

12  that dividends eligible for the deduction provided in

13  subparagraph (K) of paragraph 2 of this subsection

14  shall not be eligible for the deduction provided under

15  this subparagraph (L);

16  (M) For any taxpayer that is a financial

17  organization within the meaning of Section 304(c) of

18  this Act, an amount included in such total as interest

19  income from a loan or loans made by such taxpayer to a

20  borrower, to the extent that such a loan is secured by

21  property which is eligible for the River Edge

22  Redevelopment Zone Investment Credit. To determine the

23  portion of a loan or loans that is secured by property

24  eligible for a Section 201(f) investment credit to the

25  borrower, the entire principal amount of the loan or

26  loans between the taxpayer and the borrower should be
    SB2394 Enrolled  - 550 - LRB104 09208 AMC 19265 b

1   divided into the basis of the Section 201(f)

2   investment credit property which secures the loan or

3   loans, using for this purpose the original basis of

4   such property on the date that it was placed in service

5   in the River Edge Redevelopment Zone. The subtraction

6   modification available to the taxpayer in any year

7   under this subsection shall be that portion of the

8   total interest paid by the borrower with respect to

9   such loan attributable to the eligible property as

10  calculated under the previous sentence. This

11  subparagraph (M) is exempt from the provisions of

12  Section 250;

13  (M-1) For any taxpayer that is a financial

14  organization within the meaning of Section 304(c) of

15  this Act, an amount included in such total as interest

16  income from a loan or loans made by such taxpayer to a

17  borrower, to the extent that such a loan is secured by

18  property which is eligible for the High Impact

19  Business Investment Credit. To determine the portion

20  of a loan or loans that is secured by property eligible

21  for a Section 201(h) investment credit to the

22  borrower, the entire principal amount of the loan or

23  loans between the taxpayer and the borrower should be

24  divided into the basis of the Section 201(h)

25  investment credit property which secures the loan or

26  loans, using for this purpose the original basis of
    SB2394 Enrolled  - 551 - LRB104 09208 AMC 19265 b

1   such property on the date that it was placed in service

2   in a federally designated Foreign Trade Zone or

3   Sub-Zone located in Illinois. No taxpayer that is

4   eligible for the deduction provided in subparagraph

5   (M) of paragraph (2) of this subsection shall be

6   eligible for the deduction provided under this

7   subparagraph (M-1). The subtraction modification

8   available to taxpayers in any year under this

9   subsection shall be that portion of the total interest

10  paid by the borrower with respect to such loan

11  attributable to the eligible property as calculated

12  under the previous sentence;

13  (N) Two times any contribution made during the

14  taxable year to a designated zone organization to the

15  extent that the contribution (i) qualifies as a

16  charitable contribution under subsection (c) of

17  Section 170 of the Internal Revenue Code and (ii)

18  must, by its terms, be used for a project approved by

19  the Department of Commerce and Economic Opportunity

20  under Section 11 of the Illinois Enterprise Zone Act

21  or under Section 10-10 of the River Edge Redevelopment

22  Zone Act. This subparagraph (N) is exempt from the

23  provisions of Section 250;

24  (O) An amount equal to: (i) 85% for taxable years

25  ending on or before December 31, 1992, or, a

26  percentage equal to the percentage allowable under
    SB2394 Enrolled  - 552 - LRB104 09208 AMC 19265 b

1   Section 243(a)(1) of the Internal Revenue Code of 1986

2   for taxable years ending after December 31, 1992, of

3   the amount by which dividends included in taxable

4   income and received from a corporation that is not

5   created or organized under the laws of the United

6   States or any state or political subdivision thereof,

7   including, for taxable years ending on or after

8   December 31, 1988, dividends received or deemed

9   received or paid or deemed paid under Sections 951

10  through 965 of the Internal Revenue Code, exceed the

11  amount of the modification provided under subparagraph

12  (G) of paragraph (2) of this subsection (b) which is

13  related to such dividends, and including, for taxable

14  years ending on or after December 31, 2008, dividends

15  received from a captive real estate investment trust;

16  plus (ii) 100% of the amount by which dividends,

17  included in taxable income and received, including,

18  for taxable years ending on or after December 31,

19  1988, dividends received or deemed received or paid or

20  deemed paid under Sections 951 through 964 of the

21  Internal Revenue Code and including, for taxable years

22  ending on or after December 31, 2008, dividends

23  received from a captive real estate investment trust,

24  from any such corporation specified in clause (i) that

25  would but for the provisions of Section 1504(b)(3) of

26  the Internal Revenue Code be treated as a member of the
    SB2394 Enrolled  - 553 - LRB104 09208 AMC 19265 b

1   affiliated group which includes the dividend

2   recipient, exceed the amount of the modification

3   provided under subparagraph (G) of paragraph (2) of

4   this subsection (b) which is related to such

5   dividends. For taxable years ending on or after June

6   30, 2021, (i) for purposes of this subparagraph, the

7   term "dividend" does not include any amount treated as

8   a dividend under Section 1248 of the Internal Revenue

9   Code, and (ii) this subparagraph shall not apply to

10  dividends for which a deduction is allowed under

11  Section 245(a) of the Internal Revenue Code. This

12  subparagraph (O) is exempt from the provisions of

13  Section 250 of this Act;

14  (P) An amount equal to any contribution made to a

15  job training project established pursuant to the Tax

16  Increment Allocation Redevelopment Act;

17  (Q) An amount equal to the amount of the deduction

18  used to compute the federal income tax credit for

19  restoration of substantial amounts held under claim of

20  right for the taxable year pursuant to Section 1341 of

21  the Internal Revenue Code;

22  (R) On and after July 20, 1999, in the case of an

23  attorney-in-fact with respect to whom an interinsurer

24  or a reciprocal insurer has made the election under

25  Section 835 of the Internal Revenue Code, 26 U.S.C.

26  835, an amount equal to the excess, if any, of the
    SB2394 Enrolled  - 554 - LRB104 09208 AMC 19265 b

1   amounts paid or incurred by that interinsurer or

2   reciprocal insurer in the taxable year to the

3   attorney-in-fact over the deduction allowed to that

4   interinsurer or reciprocal insurer with respect to the

5   attorney-in-fact under Section 835(b) of the Internal

6   Revenue Code for the taxable year; the provisions of

7   this subparagraph are exempt from the provisions of

8   Section 250;

9   (S) For taxable years ending on or after December

10  31, 1997, in the case of a Subchapter S corporation, an

11  amount equal to all amounts of income allocable to a

12  shareholder subject to the Personal Property Tax

13  Replacement Income Tax imposed by subsections (c) and

14  (d) of Section 201 of this Act, including amounts

15  allocable to organizations exempt from federal income

16  tax by reason of Section 501(a) of the Internal

17  Revenue Code. This subparagraph (S) is exempt from the

18  provisions of Section 250;

19  (T) For taxable years 2001 and thereafter, for the

20  taxable year in which the bonus depreciation deduction

21  is taken on the taxpayer's federal income tax return

22  under subsection (k) of Section 168 of the Internal

23  Revenue Code and for each applicable taxable year

24  thereafter, an amount equal to "x", where:

25                   (1) "y" equals the amount of the depreciation

26  deduction taken for the taxable year on the
    SB2394 Enrolled              - 555 - LRB104 09208 AMC 19265 b

1   taxpayer's federal income tax return on property

2   for which the bonus depreciation deduction was

3   taken in any year under subsection (k) of Section

4   168 of the Internal Revenue Code, but not

5   including the bonus depreciation deduction;

6                    (2) for taxable years ending on or before

7   December 31, 2005, "x" equals "y" multiplied by 30

8   and then divided by 70 (or "y" multiplied by

9   0.429); and

10                   (3) for taxable years ending after December

11  31, 2005:

12                   (i) for property on which a bonus

13                   depreciation deduction of 30% of the adjusted

14                   basis was taken, "x" equals "y" multiplied by

15                   30 and then divided by 70 (or "y" multiplied

16                   by 0.429);

17                   (ii) for property on which a bonus

18                   depreciation deduction of 50% of the adjusted

19                   basis was taken, "x" equals "y" multiplied by

20                   1.0;

21                   (iii) for property on which a bonus

22                   depreciation deduction of 100% of the adjusted

23                   basis was taken in a taxable year ending on or

24                   after December 31, 2021, "x" equals the

25                   depreciation deduction that would be allowed

26                   on that property if the taxpayer had made the
    SB2394 Enrolled  - 556 - LRB104 09208 AMC 19265 b

1                    election under Section 168(k)(7) of the

2                    Internal Revenue Code to not claim bonus

3                    depreciation on that property; and

4                    (iv) for property on which a bonus

5                    depreciation deduction of a percentage other

6                    than 30%, 50% or 100% of the adjusted basis

7                    was taken in a taxable year ending on or after

8                    December 31, 2021, "x" equals "y" multiplied

9                    by 100 times the percentage bonus depreciation

10                   on the property (that is, 100(bonus%)) and

11                   then divided by 100 times 1 minus the

12                   percentage bonus depreciation on the property

13                   (that is, 100(1-bonus%)).

14  The aggregate amount deducted under this

15  subparagraph in all taxable years for any one piece of

16  property may not exceed the amount of the bonus

17  depreciation deduction taken on that property on the

18  taxpayer's federal income tax return under subsection

19  (k) of Section 168 of the Internal Revenue Code. This

20  subparagraph (T) is exempt from the provisions of

21  Section 250;

22  (U) If the taxpayer sells, transfers, abandons, or

23  otherwise disposes of property for which the taxpayer

24  was required in any taxable year to make an addition

25  modification under subparagraph (E-10), then an amount

26  equal to that addition modification.
    SB2394 Enrolled  - 557 - LRB104 09208 AMC 19265 b

1   If the taxpayer continues to own property through

2   the last day of the last tax year for which a

3   subtraction is allowed with respect to that property

4   under subparagraph (T) and for which the taxpayer was

5   required in any taxable year to make an addition

6   modification under subparagraph (E-10), then an amount

7   equal to that addition modification.

8   The taxpayer is allowed to take the deduction

9   under this subparagraph only once with respect to any

10  one piece of property.

11  This subparagraph (U) is exempt from the

12  provisions of Section 250;

13  (V) The amount of: (i) any interest income (net of

14  the deductions allocable thereto) taken into account

15  for the taxable year with respect to a transaction

16  with a taxpayer that is required to make an addition

17  modification with respect to such transaction under

18  Section          203(a)(2)(D-17),     203(b)(2)(E-12),

19  203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

20  the amount of such addition modification, (ii) any

21  income from intangible property (net of the deductions

22  allocable thereto) taken into account for the taxable

23  year with respect to a transaction with a taxpayer

24  that is required to make an addition modification with

25  respect to such transaction under Section

26  203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
    SB2394 Enrolled  - 558 - LRB104 09208 AMC 19265 b

1   203(d)(2)(D-8), but not to exceed the amount of such

2   addition modification, and (iii) any insurance premium

3   income (net of deductions allocable thereto) taken

4   into account for the taxable year with respect to a

5   transaction with a taxpayer that is required to make

6   an addition modification with respect to such

7   transaction under Section 203(a)(2)(D-19), Section

8   203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section

9   203(d)(2)(D-9), but not to exceed the amount of that

10  addition modification. This subparagraph (V) is exempt

11  from the provisions of Section 250;

12  (W) An amount equal to the interest income taken

13  into account for the taxable year (net of the

14  deductions allocable thereto) with respect to

15  transactions with (i) a foreign person who would be a

16  member of the taxpayer's unitary business group but

17  for the fact that the foreign person's business

18  activity outside the United States is 80% or more of

19  that person's total business activity and (ii) for

20  taxable years ending on or after December 31, 2008, to

21  a person who would be a member of the same unitary

22  business group but for the fact that the person is

23  prohibited under Section 1501(a)(27) from being

24  included in the unitary business group because he or

25  she is ordinarily required to apportion business

26  income under different subsections of Section 304, but
    SB2394 Enrolled  - 559 - LRB104 09208 AMC 19265 b

1   not to exceed the addition modification required to be

2   made for the same taxable year under Section

3   203(b)(2)(E-12) for interest paid, accrued, or

4   incurred, directly or indirectly, to the same person.

5   This subparagraph (W) is exempt from the provisions of

6   Section 250;

7   (X) An amount equal to the income from intangible

8   property taken into account for the taxable year (net

9   of the deductions allocable thereto) with respect to

10  transactions with (i) a foreign person who would be a

11  member of the taxpayer's unitary business group but

12  for the fact that the foreign person's business

13  activity outside the United States is 80% or more of

14  that person's total business activity and (ii) for

15  taxable years ending on or after December 31, 2008, to

16  a person who would be a member of the same unitary

17  business group but for the fact that the person is

18  prohibited under Section 1501(a)(27) from being

19  included in the unitary business group because he or

20  she is ordinarily required to apportion business

21  income under different subsections of Section 304, but

22  not to exceed the addition modification required to be

23  made for the same taxable year under Section

24  203(b)(2)(E-13) for intangible expenses and costs

25  paid, accrued, or incurred, directly or indirectly, to

26  the same foreign person. This subparagraph (X) is
    SB2394 Enrolled  - 560 - LRB104 09208 AMC 19265 b

1   exempt from the provisions of Section 250;

2   (Y) For taxable years ending on or after December

3   31, 2011, in the case of a taxpayer who was required to

4   add back any insurance premiums under Section

5   203(b)(2)(E-14), such taxpayer may elect to subtract

6   that part of a reimbursement received from the

7   insurance company equal to the amount of the expense

8   or loss (including expenses incurred by the insurance

9   company) that would have been taken into account as a

10  deduction for federal income tax purposes if the

11  expense or loss had been uninsured. If a taxpayer

12  makes the election provided for by this subparagraph

13  (Y), the insurer to which the premiums were paid must

14  add back to income the amount subtracted by the

15  taxpayer pursuant to this subparagraph (Y). This

16  subparagraph (Y) is exempt from the provisions of

17  Section 250;

18  (Z) The difference between the nondeductible

19  controlled foreign corporation dividends under Section

20  965(e)(3) of the Internal Revenue Code over the

21  taxable income of the taxpayer, computed without

22  regard to Section 965(e)(2)(A) of the Internal Revenue

23  Code, and without regard to any net operating loss

24  deduction. This subparagraph (Z) is exempt from the

25  provisions of Section 250; and

26  (AA) For taxable years beginning on or after
    SB2394 Enrolled          - 561 - LRB104 09208 AMC 19265 b

1   January 1, 2023, for any cannabis establishment

2   operating in this State and licensed under the

3   Cannabis Regulation and Tax Act or any cannabis

4   cultivation center or medical cannabis dispensing

5   organization operating in this State and licensed

6   under the Compassionate Use of Medical Cannabis

7   Program Act, an amount equal to the deductions that

8   were disallowed under Section 280E of the Internal

9   Revenue Code for the taxable year and that would not be

10  added back under this subsection. The provisions of

11  this subparagraph (AA) are exempt from the provisions

12  of Section 250.

13  (3) Special rule. For purposes of paragraph (2)(A),

14  "gross income" in the case of a life insurance company,

15  for tax years ending on and after December 31, 1994, and

16  prior to December 31, 2011, shall mean the gross

17  investment income for the taxable year and, for tax years

18  ending on or after December 31, 2011, shall mean all

19  amounts included in life insurance gross income under

20  Section 803(a)(3) of the Internal Revenue Code.

21  (c) Trusts and estates.

22  (1) In general. In the case of a trust or estate, base

23  income means an amount equal to the taxpayer's taxable

24  income for the taxable year as modified by paragraph (2).

25  (2) Modifications. Subject to the provisions of
    SB2394 Enrolled     - 562 - LRB104 09208 AMC 19265 b

1   paragraph (3), the taxable income referred to in paragraph

2   (1) shall be modified by adding thereto the sum of the

3   following amounts:

4   (A) An amount equal to all amounts paid or accrued

5   to the taxpayer as interest or dividends during the

6   taxable year to the extent excluded from gross income

7   in the computation of taxable income;

8   (B) In the case of (i) an estate, $600; (ii) a

9   trust which, under its governing instrument, is

10  required to distribute all of its income currently,

11  $300; and (iii) any other trust, $100, but in each such

12  case, only to the extent such amount was deducted in

13  the computation of taxable income;

14  (C) An amount equal to the amount of tax imposed by

15  this Act to the extent deducted from gross income in

16  the computation of taxable income for the taxable

17  year;

18  (D) The amount of any net operating loss deduction

19  taken in arriving at taxable income, other than a net

20  operating loss carried forward from a taxable year

21  ending prior to December 31, 1986;

22  (E) For taxable years in which a net operating

23  loss carryback or carryforward from a taxable year

24  ending prior to December 31, 1986 is an element of

25  taxable income under paragraph (1) of subsection (e)

26  or subparagraph (E) of paragraph (2) of subsection
    SB2394 Enrolled   - 563 - LRB104 09208 AMC 19265 b

1   (e), the amount by which addition modifications other

2   than those provided by this subparagraph (E) exceeded

3   subtraction modifications in such taxable year, with

4   the following limitations applied in the order that

5   they are listed:

6                    (i) the addition modification relating to the

7   net operating loss carried back or forward to the

8   taxable year from any taxable year ending prior to

9   December 31, 1986 shall be reduced by the amount

10  of addition modification under this subparagraph

11  (E) which related to that net operating loss and

12  which was taken into account in calculating the

13  base income of an earlier taxable year, and

14                   (ii) the addition modification relating to the

15  net operating loss carried back or forward to the

16  taxable year from any taxable year ending prior to

17  December 31, 1986 shall not exceed the amount of

18  such carryback or carryforward;

19  For taxable years in which there is a net

20  operating loss carryback or carryforward from more

21  than one other taxable year ending prior to December

22  31, 1986, the addition modification provided in this

23  subparagraph (E) shall be the sum of the amounts

24  computed independently under the preceding provisions

25  of this subparagraph (E) for each such taxable year;

26  (F) For taxable years ending on or after January
    SB2394 Enrolled  - 564 - LRB104 09208 AMC 19265 b

1   1, 1989, an amount equal to the tax deducted pursuant

2   to Section 164 of the Internal Revenue Code if the

3   trust or estate is claiming the same tax for purposes

4   of the Illinois foreign tax credit under Section 601

5   of this Act;

6   (G) An amount equal to the amount of the capital

7   gain deduction allowable under the Internal Revenue

8   Code, to the extent deducted from gross income in the

9   computation of taxable income;

10  (G-5) For taxable years ending after December 31,

11  1997, an amount equal to any eligible remediation

12  costs that the trust or estate deducted in computing

13  adjusted gross income and for which the trust or

14  estate claims a credit under subsection (l) of Section

15  201;

16  (G-10) For taxable years 2001 and thereafter, an

17  amount equal to the bonus depreciation deduction taken

18  on the taxpayer's federal income tax return for the

19  taxable year under subsection (k) of Section 168 of

20  the Internal Revenue Code; and

21  (G-11) If the taxpayer sells, transfers, abandons,

22  or otherwise disposes of property for which the

23  taxpayer was required in any taxable year to make an

24  addition modification under subparagraph (G-10), then

25  an amount equal to the aggregate amount of the

26  deductions taken in all taxable years under
    SB2394 Enrolled  - 565 - LRB104 09208 AMC 19265 b

1   subparagraph (R) with respect to that property.

2   If the taxpayer continues to own property through

3   the last day of the last tax year for which a

4   subtraction is allowed with respect to that property

5   under subparagraph (R) and for which the taxpayer was

6   allowed in any taxable year to make a subtraction

7   modification under subparagraph (R), then an amount

8   equal to that subtraction modification.

9   The taxpayer is required to make the addition

10  modification under this subparagraph only once with

11  respect to any one piece of property;

12  (G-12) An amount equal to the amount otherwise

13  allowed as a deduction in computing base income for

14  interest paid, accrued, or incurred, directly or

15  indirectly, (i) for taxable years ending on or after

16  December 31, 2004, to a foreign person who would be a

17  member of the same unitary business group but for the

18  fact that the foreign person's business activity

19  outside the United States is 80% or more of the foreign

20  person's total business activity and (ii) for taxable

21  years ending on or after December 31, 2008, to a person

22  who would be a member of the same unitary business

23  group but for the fact that the person is prohibited

24  under Section 1501(a)(27) from being included in the

25  unitary business group because he or she is ordinarily

26  required to apportion business income under different
    SB2394 Enrolled  - 566 - LRB104 09208 AMC 19265 b

1   subsections of Section 304. The addition modification

2   required by this subparagraph shall be reduced to the

3   extent that dividends were included in base income of

4   the unitary group for the same taxable year and

5   received by the taxpayer or by a member of the

6   taxpayer's unitary business group (including amounts

7   included in gross income pursuant to Sections 951

8   through 964 of the Internal Revenue Code and amounts

9   included in gross income under Section 78 of the

10  Internal Revenue Code) with respect to the stock of

11  the same person to whom the interest was paid,

12  accrued, or incurred.

13  This paragraph shall not apply to the following:

14                   (i) an item of interest paid, accrued, or

15  incurred, directly or indirectly, to a person who

16  is subject in a foreign country or state, other

17  than a state which requires mandatory unitary

18  reporting, to a tax on or measured by net income

19  with respect to such interest; or

20                   (ii) an item of interest paid, accrued, or

21  incurred, directly or indirectly, to a person if

22  the taxpayer can establish, based on a

23  preponderance of the evidence, both of the

24  following:

25                   (a) the person, during the same taxable

26                   year, paid, accrued, or incurred, the interest
    SB2394 Enrolled             - 567 - LRB104 09208 AMC 19265 b

1                    to a person that is not a related member, and

2                    (b) the transaction giving rise to the

3                    interest expense between the taxpayer and the

4                    person did not have as a principal purpose the

5                    avoidance of Illinois income tax, and is paid

6                    pursuant to a contract or agreement that

7                    reflects an arm's-length interest rate and

8                    terms; or

9                    (iii) the taxpayer can establish, based on

10  clear and convincing evidence, that the interest

11  paid, accrued, or incurred relates to a contract

12  or agreement entered into at arm's-length rates

13  and terms and the principal purpose for the

14  payment is not federal or Illinois tax avoidance;

15  or

16                   (iv) an item of interest paid, accrued, or

17  incurred, directly or indirectly, to a person if

18  the taxpayer establishes by clear and convincing

19  evidence that the adjustments are unreasonable; or

20  if the taxpayer and the Director agree in writing

21  to the application or use of an alternative method

22  of apportionment under Section 304(f).

23                   Nothing in this subsection shall preclude the

24  Director from making any other adjustment

25  otherwise allowed under Section 404 of this Act

26  for any tax year beginning after the effective
    SB2394 Enrolled  - 568 - LRB104 09208 AMC 19265 b

1   date of this amendment provided such adjustment is

2   made pursuant to regulation adopted by the

3   Department and such regulations provide methods

4   and standards by which the Department will utilize

5   its authority under Section 404 of this Act;

6   (G-13) An amount equal to the amount of intangible

7   expenses and costs otherwise allowed as a deduction in

8   computing base income, and that were paid, accrued, or

9   incurred, directly or indirectly, (i) for taxable

10  years ending on or after December 31, 2004, to a

11  foreign person who would be a member of the same

12  unitary business group but for the fact that the

13  foreign person's business activity outside the United

14  States is 80% or more of that person's total business

15  activity and (ii) for taxable years ending on or after

16  December 31, 2008, to a person who would be a member of

17  the same unitary business group but for the fact that

18  the person is prohibited under Section 1501(a)(27)

19  from being included in the unitary business group

20  because he or she is ordinarily required to apportion

21  business income under different subsections of Section

22  304. The addition modification required by this

23  subparagraph shall be reduced to the extent that

24  dividends were included in base income of the unitary

25  group for the same taxable year and received by the

26  taxpayer or by a member of the taxpayer's unitary
    SB2394 Enrolled  - 569 - LRB104 09208 AMC 19265 b

1   business group (including amounts included in gross

2   income pursuant to Sections 951 through 964 of the

3   Internal Revenue Code and amounts included in gross

4   income under Section 78 of the Internal Revenue Code)

5   with respect to the stock of the same person to whom

6   the intangible expenses and costs were directly or

7   indirectly paid, incurred, or accrued. The preceding

8   sentence shall not apply to the extent that the same

9   dividends caused a reduction to the addition

10  modification required under Section 203(c)(2)(G-12) of

11  this Act. As used in this subparagraph, the term

12  "intangible expenses and costs" includes: (1)

13  expenses, losses, and costs for or related to the

14  direct or indirect acquisition, use, maintenance or

15  management, ownership, sale, exchange, or any other

16  disposition of intangible property; (2) losses

17  incurred, directly or indirectly, from factoring

18  transactions or discounting transactions; (3) royalty,

19  patent, technical, and copyright fees; (4) licensing

20  fees; and (5) other similar expenses and costs. For

21  purposes of this subparagraph, "intangible property"

22  includes patents, patent applications, trade names,

23  trademarks, service marks, copyrights, mask works,

24  trade secrets, and similar types of intangible assets.

25  This paragraph shall not apply to the following:

26                   (i) any item of intangible expenses or costs
    SB2394 Enrolled      - 570 - LRB104 09208 AMC 19265 b

1   paid, accrued, or incurred, directly or

2   indirectly, from a transaction with a person who

3   is subject in a foreign country or state, other

4   than a state which requires mandatory unitary

5   reporting, to a tax on or measured by net income

6   with respect to such item; or

7                    (ii) any item of intangible expense or cost

8   paid, accrued, or incurred, directly or

9   indirectly, if the taxpayer can establish, based

10  on a preponderance of the evidence, both of the

11  following:

12                       (a) the person during the same taxable

13                   year paid, accrued, or incurred, the

14                   intangible expense or cost to a person that is

15                   not a related member, and

16                       (b) the transaction giving rise to the

17                   intangible expense or cost between the

18                   taxpayer and the person did not have as a

19                   principal purpose the avoidance of Illinois

20                   income tax, and is paid pursuant to a contract

21                   or agreement that reflects arm's-length terms;

22                   or

23                   (iii) any item of intangible expense or cost

24  paid, accrued, or incurred, directly or

25  indirectly, from a transaction with a person if

26  the taxpayer establishes by clear and convincing
    SB2394 Enrolled  - 571 - LRB104 09208 AMC 19265 b

1   evidence, that the adjustments are unreasonable;

2   or if the taxpayer and the Director agree in

3   writing to the application or use of an

4   alternative method of apportionment under Section

5   304(f);

6                    Nothing in this subsection shall preclude the

7   Director from making any other adjustment

8   otherwise allowed under Section 404 of this Act

9   for any tax year beginning after the effective

10  date of this amendment provided such adjustment is

11  made pursuant to regulation adopted by the

12  Department and such regulations provide methods

13  and standards by which the Department will utilize

14  its authority under Section 404 of this Act;

15  (G-14) For taxable years ending on or after

16  December 31, 2008, an amount equal to the amount of

17  insurance premium expenses and costs otherwise allowed

18  as a deduction in computing base income, and that were

19  paid, accrued, or incurred, directly or indirectly, to

20  a person who would be a member of the same unitary

21  business group but for the fact that the person is

22  prohibited under Section 1501(a)(27) from being

23  included in the unitary business group because he or

24  she is ordinarily required to apportion business

25  income under different subsections of Section 304. The

26  addition modification required by this subparagraph
    SB2394 Enrolled  - 572 - LRB104 09208 AMC 19265 b

1   shall be reduced to the extent that dividends were

2   included in base income of the unitary group for the

3   same taxable year and received by the taxpayer or by a

4   member of the taxpayer's unitary business group

5   (including amounts included in gross income under

6   Sections 951 through 964 of the Internal Revenue Code

7   and amounts included in gross income under Section 78

8   of the Internal Revenue Code) with respect to the

9   stock of the same person to whom the premiums and costs

10  were directly or indirectly paid, incurred, or

11  accrued. The preceding sentence does not apply to the

12  extent that the same dividends caused a reduction to

13  the addition modification required under Section

14  203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this

15  Act;

16  (G-15) An amount equal to the credit allowable to

17  the taxpayer under Section 218(a) of this Act,

18  determined without regard to Section 218(c) of this

19  Act;

20  (G-16) For taxable years ending on or after

21  December 31, 2017, an amount equal to the deduction

22  allowed under Section 199 of the Internal Revenue Code

23  for the taxable year;

24  (G-17) the amount that is claimed as a federal

25  deduction when computing the taxpayer's federal

26  taxable income for the taxable year and that is
    SB2394 Enrolled     - 573 - LRB104 09208 AMC 19265 b

1   attributable to an endowment gift for which the

2   taxpayer receives a credit under the Illinois Gives

3   Tax Credit Act;

4   and by deducting from the total so obtained the sum of the

5   following amounts:

6   (H) An amount equal to all amounts included in

7   such total pursuant to the provisions of Sections

8   402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408

9   of the Internal Revenue Code or included in such total

10  as distributions under the provisions of any

11  retirement or disability plan for employees of any

12  governmental agency or unit, or retirement payments to

13  retired partners, which payments are excluded in

14  computing net earnings from self employment by Section

15  1402 of the Internal Revenue Code and regulations

16  adopted pursuant thereto;

17  (I) The valuation limitation amount;

18  (J) An amount equal to the amount of any tax

19  imposed by this Act which was refunded to the taxpayer

20  and included in such total for the taxable year;

21  (K) An amount equal to all amounts included in

22  taxable income as modified by subparagraphs (A), (B),

23  (C), (D), (E), (F) and (G) which are exempt from

24  taxation by this State either by reason of its

25  statutes or Constitution or by reason of the

26  Constitution, treaties or statutes of the United
    SB2394 Enrolled  - 574 - LRB104 09208 AMC 19265 b

1   States; provided that, in the case of any statute of

2   this State that exempts income derived from bonds or

3   other obligations from the tax imposed under this Act,

4   the amount exempted shall be the interest net of bond

5   premium amortization;

6   (L) With the exception of any amounts subtracted

7   under subparagraph (K), an amount equal to the sum of

8   all amounts disallowed as deductions by (i) Sections

9   171(a)(2) and 265(a)(2) of the Internal Revenue Code,

10  and all amounts of expenses allocable to interest and

11  disallowed as deductions by Section 265(a)(1) of the

12  Internal Revenue Code; and (ii) for taxable years

13  ending on or after August 13, 1999, Sections

14  171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

15  Internal Revenue Code, plus, (iii) for taxable years

16  ending on or after December 31, 2011, Section

17  45G(e)(3) of the Internal Revenue Code and, for

18  taxable years ending on or after December 31, 2008,

19  any amount included in gross income under Section 87

20  of the Internal Revenue Code; the provisions of this

21  subparagraph are exempt from the provisions of Section

22  250;

23  (M) An amount equal to those dividends included in

24  such total which were paid by a corporation which

25  conducts business operations in a River Edge

26  Redevelopment Zone or zones created under the River
    SB2394 Enrolled  - 575 - LRB104 09208 AMC 19265 b

1   Edge Redevelopment Zone Act and conducts substantially

2   all of its operations in a River Edge Redevelopment

3   Zone or zones. This subparagraph (M) is exempt from

4   the provisions of Section 250;

5   (N) An amount equal to any contribution made to a

6   job training project established pursuant to the Tax

7   Increment Allocation Redevelopment Act;

8   (O) An amount equal to those dividends included in

9   such total that were paid by a corporation that

10  conducts business operations in a federally designated

11  Foreign Trade Zone or Sub-Zone and that is designated

12  a High Impact Business located in Illinois; provided

13  that dividends eligible for the deduction provided in

14  subparagraph (M) of paragraph (2) of this subsection

15  shall not be eligible for the deduction provided under

16  this subparagraph (O);

17  (P) An amount equal to the amount of the deduction

18  used to compute the federal income tax credit for

19  restoration of substantial amounts held under claim of

20  right for the taxable year pursuant to Section 1341 of

21  the Internal Revenue Code;

22  (Q) For taxable year 1999 and thereafter, an

23  amount equal to the amount of any (i) distributions,

24  to the extent includible in gross income for federal

25  income tax purposes, made to the taxpayer because of

26  his or her status as a victim of persecution for racial
    SB2394 Enrolled  - 576 - LRB104 09208 AMC 19265 b

1   or religious reasons by Nazi Germany or any other Axis

2   regime or as an heir of the victim and (ii) items of

3   income, to the extent includible in gross income for

4   federal income tax purposes, attributable to, derived

5   from or in any way related to assets stolen from,

6   hidden from, or otherwise lost to a victim of

7   persecution for racial or religious reasons by Nazi

8   Germany or any other Axis regime immediately prior to,

9   during, and immediately after World War II, including,

10  but not limited to, interest on the proceeds

11  receivable as insurance under policies issued to a

12  victim of persecution for racial or religious reasons

13  by Nazi Germany or any other Axis regime by European

14  insurance companies immediately prior to and during

15  World War II; provided, however, this subtraction from

16  federal adjusted gross income does not apply to assets

17  acquired with such assets or with the proceeds from

18  the sale of such assets; provided, further, this

19  paragraph shall only apply to a taxpayer who was the

20  first recipient of such assets after their recovery

21  and who is a victim of persecution for racial or

22  religious reasons by Nazi Germany or any other Axis

23  regime or as an heir of the victim. The amount of and

24  the eligibility for any public assistance, benefit, or

25  similar entitlement is not affected by the inclusion

26  of items (i) and (ii) of this paragraph in gross income
    SB2394 Enrolled              - 577 - LRB104 09208 AMC 19265 b

1   for federal income tax purposes. This paragraph is

2   exempt from the provisions of Section 250;

3   (R) For taxable years 2001 and thereafter, for the

4   taxable year in which the bonus depreciation deduction

5   is taken on the taxpayer's federal income tax return

6   under subsection (k) of Section 168 of the Internal

7   Revenue Code and for each applicable taxable year

8   thereafter, an amount equal to "x", where:

9                    (1) "y" equals the amount of the depreciation

10  deduction taken for the taxable year on the

11  taxpayer's federal income tax return on property

12  for which the bonus depreciation deduction was

13  taken in any year under subsection (k) of Section

14  168 of the Internal Revenue Code, but not

15  including the bonus depreciation deduction;

16                   (2) for taxable years ending on or before

17  December 31, 2005, "x" equals "y" multiplied by 30

18  and then divided by 70 (or "y" multiplied by

19  0.429); and

20                   (3) for taxable years ending after December

21  31, 2005:

22                   (i) for property on which a bonus

23                   depreciation deduction of 30% of the adjusted

24                   basis was taken, "x" equals "y" multiplied by

25                   30 and then divided by 70 (or "y" multiplied

26                   by 0.429);
    SB2394 Enrolled        - 578 - LRB104 09208 AMC 19265 b

1                    (ii) for property on which a bonus

2                    depreciation deduction of 50% of the adjusted

3                    basis was taken, "x" equals "y" multiplied by

4                    1.0;

5                    (iii) for property on which a bonus

6                    depreciation deduction of 100% of the adjusted

7                    basis was taken in a taxable year ending on or

8                    after December 31, 2021, "x" equals the

9                    depreciation deduction that would be allowed

10                   on that property if the taxpayer had made the

11                   election under Section 168(k)(7) of the

12                   Internal Revenue Code to not claim bonus

13                   depreciation on that property; and

14                   (iv) for property on which a bonus

15                   depreciation deduction of a percentage other

16                   than 30%, 50% or 100% of the adjusted basis

17                   was taken in a taxable year ending on or after

18                   December 31, 2021, "x" equals "y" multiplied

19                   by 100 times the percentage bonus depreciation

20                   on the property (that is, 100(bonus%)) and

21                   then divided by 100 times 1 minus the

22                   percentage bonus depreciation on the property

23                   (that is, 100(1-bonus%)).

24  The aggregate amount deducted under this

25  subparagraph in all taxable years for any one piece of

26  property may not exceed the amount of the bonus
    SB2394 Enrolled  - 579 - LRB104 09208 AMC 19265 b

1   depreciation deduction taken on that property on the

2   taxpayer's federal income tax return under subsection

3   (k) of Section 168 of the Internal Revenue Code. This

4   subparagraph (R) is exempt from the provisions of

5   Section 250;

6   (S) If the taxpayer sells, transfers, abandons, or

7   otherwise disposes of property for which the taxpayer

8   was required in any taxable year to make an addition

9   modification under subparagraph (G-10), then an amount

10  equal to that addition modification.

11  If the taxpayer continues to own property through

12  the last day of the last tax year for which a

13  subtraction is allowed with respect to that property

14  under subparagraph (R) and for which the taxpayer was

15  required in any taxable year to make an addition

16  modification under subparagraph (G-10), then an amount

17  equal to that addition modification.

18  The taxpayer is allowed to take the deduction

19  under this subparagraph only once with respect to any

20  one piece of property.

21  This subparagraph (S) is exempt from the

22  provisions of Section 250;

23  (T) The amount of (i) any interest income (net of

24  the deductions allocable thereto) taken into account

25  for the taxable year with respect to a transaction

26  with a taxpayer that is required to make an addition
    SB2394 Enrolled  - 580 - LRB104 09208 AMC 19265 b

1   modification with respect to such transaction under

2   Section          203(a)(2)(D-17),    203(b)(2)(E-12),

3   203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

4   the amount of such addition modification and (ii) any

5   income from intangible property (net of the deductions

6   allocable thereto) taken into account for the taxable

7   year with respect to a transaction with a taxpayer

8   that is required to make an addition modification with

9   respect to such transaction under Section

10  203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

11  203(d)(2)(D-8), but not to exceed the amount of such

12  addition modification. This subparagraph (T) is exempt

13  from the provisions of Section 250;

14  (U) An amount equal to the interest income taken

15  into account for the taxable year (net of the

16  deductions allocable thereto) with respect to

17  transactions with (i) a foreign person who would be a

18  member of the taxpayer's unitary business group but

19  for the fact the foreign person's business activity

20  outside the United States is 80% or more of that

21  person's total business activity and (ii) for taxable

22  years ending on or after December 31, 2008, to a person

23  who would be a member of the same unitary business

24  group but for the fact that the person is prohibited

25  under Section 1501(a)(27) from being included in the

26  unitary business group because he or she is ordinarily
    SB2394 Enrolled  - 581 - LRB104 09208 AMC 19265 b

1   required to apportion business income under different

2   subsections of Section 304, but not to exceed the

3   addition modification required to be made for the same

4   taxable year under Section 203(c)(2)(G-12) for

5   interest paid, accrued, or incurred, directly or

6   indirectly, to the same person. This subparagraph (U)

7   is exempt from the provisions of Section 250;

8   (V) An amount equal to the income from intangible

9   property taken into account for the taxable year (net

10  of the deductions allocable thereto) with respect to

11  transactions with (i) a foreign person who would be a

12  member of the taxpayer's unitary business group but

13  for the fact that the foreign person's business

14  activity outside the United States is 80% or more of

15  that person's total business activity and (ii) for

16  taxable years ending on or after December 31, 2008, to

17  a person who would be a member of the same unitary

18  business group but for the fact that the person is

19  prohibited under Section 1501(a)(27) from being

20  included in the unitary business group because he or

21  she is ordinarily required to apportion business

22  income under different subsections of Section 304, but

23  not to exceed the addition modification required to be

24  made for the same taxable year under Section

25  203(c)(2)(G-13) for intangible expenses and costs

26  paid, accrued, or incurred, directly or indirectly, to
    SB2394 Enrolled    - 582 - LRB104 09208 AMC 19265 b

1   the same foreign person. This subparagraph (V) is

2   exempt from the provisions of Section 250;

3   (W) in the case of an estate, an amount equal to

4   all amounts included in such total pursuant to the

5   provisions of Section 111 of the Internal Revenue Code

6   as a recovery of items previously deducted by the

7   decedent from adjusted gross income in the computation

8   of taxable income. This subparagraph (W) is exempt

9   from Section 250;

10  (X) an amount equal to the refund included in such

11  total of any tax deducted for federal income tax

12  purposes, to the extent that deduction was added back

13  under subparagraph (F). This subparagraph (X) is

14  exempt from the provisions of Section 250;

15  (Y) For taxable years ending on or after December

16  31, 2011, in the case of a taxpayer who was required to

17  add back any insurance premiums under Section

18  203(c)(2)(G-14), such taxpayer may elect to subtract

19  that part of a reimbursement received from the

20  insurance company equal to the amount of the expense

21  or loss (including expenses incurred by the insurance

22  company) that would have been taken into account as a

23  deduction for federal income tax purposes if the

24  expense or loss had been uninsured. If a taxpayer

25  makes the election provided for by this subparagraph

26  (Y), the insurer to which the premiums were paid must
    SB2394 Enrolled    - 583 - LRB104 09208 AMC 19265 b

1   add back to income the amount subtracted by the

2   taxpayer pursuant to this subparagraph (Y). This

3   subparagraph (Y) is exempt from the provisions of

4   Section 250;

5   (Z) For taxable years beginning after December 31,

6   2018 and before January 1, 2026, the amount of excess

7   business loss of the taxpayer disallowed as a

8   deduction by Section 461(l)(1)(B) of the Internal

9   Revenue Code; and

10  (AA) For taxable years beginning on or after

11  January 1, 2023, for any cannabis establishment

12  operating in this State and licensed under the

13  Cannabis Regulation and Tax Act or any cannabis

14  cultivation center or medical cannabis dispensing

15  organization operating in this State and licensed

16  under the Compassionate Use of Medical Cannabis

17  Program Act, an amount equal to the deductions that

18  were disallowed under Section 280E of the Internal

19  Revenue Code for the taxable year and that would not be

20  added back under this subsection. The provisions of

21  this subparagraph (AA) are exempt from the provisions

22  of Section 250.

23  (3) Limitation. The amount of any modification

24  otherwise required under this subsection shall, under

25  regulations prescribed by the Department, be adjusted by

26  any amounts included therein which were properly paid,
    SB2394 Enrolled    - 584 - LRB104 09208 AMC 19265 b

1   credited, or required to be distributed, or permanently

2   set aside for charitable purposes pursuant to Internal

3   Revenue Code Section 642(c) during the taxable year.

4   (d) Partnerships.

5   (1) In general. In the case of a partnership, base

6   income means an amount equal to the taxpayer's taxable

7   income for the taxable year as modified by paragraph (2).

8   (2) Modifications. The taxable income referred to in

9   paragraph (1) shall be modified by adding thereto the sum

10  of the following amounts:

11  (A) An amount equal to all amounts paid or accrued

12  to the taxpayer as interest or dividends during the

13  taxable year to the extent excluded from gross income

14  in the computation of taxable income;

15  (B) An amount equal to the amount of tax imposed by

16  this Act to the extent deducted from gross income for

17  the taxable year;

18  (C) The amount of deductions allowed to the

19  partnership pursuant to Section 707 (c) of the

20  Internal Revenue Code in calculating its taxable

21  income;

22  (D) An amount equal to the amount of the capital

23  gain deduction allowable under the Internal Revenue

24  Code, to the extent deducted from gross income in the

25  computation of taxable income;
    SB2394 Enrolled  - 585 - LRB104 09208 AMC 19265 b

1   (D-5) For taxable years 2001 and thereafter, an

2   amount equal to the bonus depreciation deduction taken

3   on the taxpayer's federal income tax return for the

4   taxable year under subsection (k) of Section 168 of

5   the Internal Revenue Code;

6   (D-6) If the taxpayer sells, transfers, abandons,

7   or otherwise disposes of property for which the

8   taxpayer was required in any taxable year to make an

9   addition modification under subparagraph (D-5), then

10  an amount equal to the aggregate amount of the

11  deductions taken in all taxable years under

12  subparagraph (O) with respect to that property.

13  If the taxpayer continues to own property through

14  the last day of the last tax year for which a

15  subtraction is allowed with respect to that property

16  under subparagraph (O) and for which the taxpayer was

17  allowed in any taxable year to make a subtraction

18  modification under subparagraph (O), then an amount

19  equal to that subtraction modification.

20  The taxpayer is required to make the addition

21  modification under this subparagraph only once with

22  respect to any one piece of property;

23  (D-7) An amount equal to the amount otherwise

24  allowed as a deduction in computing base income for

25  interest paid, accrued, or incurred, directly or

26  indirectly, (i) for taxable years ending on or after
    SB2394 Enrolled  - 586 - LRB104 09208 AMC 19265 b

1   December 31, 2004, to a foreign person who would be a

2   member of the same unitary business group but for the

3   fact the foreign person's business activity outside

4   the United States is 80% or more of the foreign

5   person's total business activity and (ii) for taxable

6   years ending on or after December 31, 2008, to a person

7   who would be a member of the same unitary business

8   group but for the fact that the person is prohibited

9   under Section 1501(a)(27) from being included in the

10  unitary business group because he or she is ordinarily

11  required to apportion business income under different

12  subsections of Section 304. The addition modification

13  required by this subparagraph shall be reduced to the

14  extent that dividends were included in base income of

15  the unitary group for the same taxable year and

16  received by the taxpayer or by a member of the

17  taxpayer's unitary business group (including amounts

18  included in gross income pursuant to Sections 951

19  through 964 of the Internal Revenue Code and amounts

20  included in gross income under Section 78 of the

21  Internal Revenue Code) with respect to the stock of

22  the same person to whom the interest was paid,

23  accrued, or incurred.

24  This paragraph shall not apply to the following:

25                   (i) an item of interest paid, accrued, or

26  incurred, directly or indirectly, to a person who
    SB2394 Enrolled             - 587 - LRB104 09208 AMC 19265 b

1   is subject in a foreign country or state, other

2   than a state which requires mandatory unitary

3   reporting, to a tax on or measured by net income

4   with respect to such interest; or

5                    (ii) an item of interest paid, accrued, or

6   incurred, directly or indirectly, to a person if

7   the taxpayer can establish, based on a

8   preponderance of the evidence, both of the

9   following:

10                   (a) the person, during the same taxable

11                   year, paid, accrued, or incurred, the interest

12                   to a person that is not a related member, and

13                   (b) the transaction giving rise to the

14                   interest expense between the taxpayer and the

15                   person did not have as a principal purpose the

16                   avoidance of Illinois income tax, and is paid

17                   pursuant to a contract or agreement that

18                   reflects an arm's-length interest rate and

19                   terms; or

20                   (iii) the taxpayer can establish, based on

21  clear and convincing evidence, that the interest

22  paid, accrued, or incurred relates to a contract

23  or agreement entered into at arm's-length rates

24  and terms and the principal purpose for the

25  payment is not federal or Illinois tax avoidance;

26  or
    SB2394 Enrolled  - 588 - LRB104 09208 AMC 19265 b

1                    (iv) an item of interest paid, accrued, or

2   incurred, directly or indirectly, to a person if

3   the taxpayer establishes by clear and convincing

4   evidence that the adjustments are unreasonable; or

5   if the taxpayer and the Director agree in writing

6   to the application or use of an alternative method

7   of apportionment under Section 304(f).

8                    Nothing in this subsection shall preclude the

9   Director from making any other adjustment

10  otherwise allowed under Section 404 of this Act

11  for any tax year beginning after the effective

12  date of this amendment provided such adjustment is

13  made pursuant to regulation adopted by the

14  Department and such regulations provide methods

15  and standards by which the Department will utilize

16  its authority under Section 404 of this Act; and

17  (D-8) An amount equal to the amount of intangible

18  expenses and costs otherwise allowed as a deduction in

19  computing base income, and that were paid, accrued, or

20  incurred, directly or indirectly, (i) for taxable

21  years ending on or after December 31, 2004, to a

22  foreign person who would be a member of the same

23  unitary business group but for the fact that the

24  foreign person's business activity outside the United

25  States is 80% or more of that person's total business

26  activity and (ii) for taxable years ending on or after
    SB2394 Enrolled  - 589 - LRB104 09208 AMC 19265 b

1   December 31, 2008, to a person who would be a member of

2   the same unitary business group but for the fact that

3   the person is prohibited under Section 1501(a)(27)

4   from being included in the unitary business group

5   because he or she is ordinarily required to apportion

6   business income under different subsections of Section

7   304. The addition modification required by this

8   subparagraph shall be reduced to the extent that

9   dividends were included in base income of the unitary

10  group for the same taxable year and received by the

11  taxpayer or by a member of the taxpayer's unitary

12  business group (including amounts included in gross

13  income pursuant to Sections 951 through 964 of the

14  Internal Revenue Code and amounts included in gross

15  income under Section 78 of the Internal Revenue Code)

16  with respect to the stock of the same person to whom

17  the intangible expenses and costs were directly or

18  indirectly paid, incurred or accrued. The preceding

19  sentence shall not apply to the extent that the same

20  dividends caused a reduction to the addition

21  modification required under Section 203(d)(2)(D-7) of

22  this Act. As used in this subparagraph, the term

23  "intangible expenses and costs" includes (1) expenses,

24  losses, and costs for, or related to, the direct or

25  indirect acquisition, use, maintenance or management,

26  ownership, sale, exchange, or any other disposition of
    SB2394 Enrolled  - 590 - LRB104 09208 AMC 19265 b

1   intangible property; (2) losses incurred, directly or

2   indirectly, from factoring transactions or discounting

3   transactions; (3) royalty, patent, technical, and

4   copyright fees; (4) licensing fees; and (5) other

5   similar expenses and costs. For purposes of this

6   subparagraph, "intangible property" includes patents,

7   patent applications, trade names, trademarks, service

8   marks, copyrights, mask works, trade secrets, and

9   similar types of intangible assets;

10  This paragraph shall not apply to the following:

11                   (i) any item of intangible expenses or costs

12  paid, accrued, or incurred, directly or

13  indirectly, from a transaction with a person who

14  is subject in a foreign country or state, other

15  than a state which requires mandatory unitary

16  reporting, to a tax on or measured by net income

17  with respect to such item; or

18                   (ii) any item of intangible expense or cost

19  paid, accrued, or incurred, directly or

20  indirectly, if the taxpayer can establish, based

21  on a preponderance of the evidence, both of the

22  following:

23                   (a) the person during the same taxable

24                   year paid, accrued, or incurred, the

25                   intangible expense or cost to a person that is

26                   not a related member, and
    SB2394 Enrolled      - 591 - LRB104 09208 AMC 19265 b

1                        (b) the transaction giving rise to the

2                    intangible expense or cost between the

3                    taxpayer and the person did not have as a

4                    principal purpose the avoidance of Illinois

5                    income tax, and is paid pursuant to a contract

6                    or agreement that reflects arm's-length terms;

7                    or

8                    (iii) any item of intangible expense or cost

9   paid, accrued, or incurred, directly or

10  indirectly, from a transaction with a person if

11  the taxpayer establishes by clear and convincing

12  evidence, that the adjustments are unreasonable;

13  or if the taxpayer and the Director agree in

14  writing to the application or use of an

15  alternative method of apportionment under Section

16  304(f);

17                   Nothing in this subsection shall preclude the

18  Director from making any other adjustment

19  otherwise allowed under Section 404 of this Act

20  for any tax year beginning after the effective

21  date of this amendment provided such adjustment is

22  made pursuant to regulation adopted by the

23  Department and such regulations provide methods

24  and standards by which the Department will utilize

25  its authority under Section 404 of this Act;

26  (D-9) For taxable years ending on or after
    SB2394 Enrolled  - 592 - LRB104 09208 AMC 19265 b

1   December 31, 2008, an amount equal to the amount of

2   insurance premium expenses and costs otherwise allowed

3   as a deduction in computing base income, and that were

4   paid, accrued, or incurred, directly or indirectly, to

5   a person who would be a member of the same unitary

6   business group but for the fact that the person is

7   prohibited under Section 1501(a)(27) from being

8   included in the unitary business group because he or

9   she is ordinarily required to apportion business

10  income under different subsections of Section 304. The

11  addition modification required by this subparagraph

12  shall be reduced to the extent that dividends were

13  included in base income of the unitary group for the

14  same taxable year and received by the taxpayer or by a

15  member of the taxpayer's unitary business group

16  (including amounts included in gross income under

17  Sections 951 through 964 of the Internal Revenue Code

18  and amounts included in gross income under Section 78

19  of the Internal Revenue Code) with respect to the

20  stock of the same person to whom the premiums and costs

21  were directly or indirectly paid, incurred, or

22  accrued. The preceding sentence does not apply to the

23  extent that the same dividends caused a reduction to

24  the addition modification required under Section

25  203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;

26  (D-10) An amount equal to the credit allowable to
    SB2394 Enrolled  - 593 - LRB104 09208 AMC 19265 b

1   the taxpayer under Section 218(a) of this Act,

2   determined without regard to Section 218(c) of this

3   Act;

4   (D-11) For taxable years ending on or after

5   December 31, 2017, an amount equal to the deduction

6   allowed under Section 199 of the Internal Revenue Code

7   for the taxable year;

8   (D-12) the amount that is claimed as a federal

9   deduction when computing the taxpayer's federal

10  taxable income for the taxable year and that is

11  attributable to an endowment gift for which the

12  taxpayer receives a credit under the Illinois Gives

13  Tax Credit Act;

14  and by deducting from the total so obtained the following

15  amounts:

16  (E) The valuation limitation amount;

17  (F) An amount equal to the amount of any tax

18  imposed by this Act which was refunded to the taxpayer

19  and included in such total for the taxable year;

20  (G) An amount equal to all amounts included in

21  taxable income as modified by subparagraphs (A), (B),

22  (C) and (D) which are exempt from taxation by this

23  State either by reason of its statutes or Constitution

24  or by reason of the Constitution, treaties or statutes

25  of the United States; provided that, in the case of any

26  statute of this State that exempts income derived from
    SB2394 Enrolled  - 594 - LRB104 09208 AMC 19265 b

1   bonds or other obligations from the tax imposed under

2   this Act, the amount exempted shall be the interest

3   net of bond premium amortization;

4   (H) Any income of the partnership which

5   constitutes personal service income as defined in

6   Section 1348(b)(1) of the Internal Revenue Code (as in

7   effect December 31, 1981) or a reasonable allowance

8   for compensation paid or accrued for services rendered

9   by partners to the partnership, whichever is greater;

10  this subparagraph (H) is exempt from the provisions of

11  Section 250;

12  (I) An amount equal to all amounts of income

13  distributable to an entity subject to the Personal

14  Property Tax Replacement Income Tax imposed by

15  subsections (c) and (d) of Section 201 of this Act

16  including amounts distributable to organizations

17  exempt from federal income tax by reason of Section

18  501(a) of the Internal Revenue Code; this subparagraph

19  (I) is exempt from the provisions of Section 250;

20  (J) With the exception of any amounts subtracted

21  under subparagraph (G), an amount equal to the sum of

22  all amounts disallowed as deductions by (i) Sections

23  171(a)(2) and 265(a)(2) of the Internal Revenue Code,

24  and all amounts of expenses allocable to interest and

25  disallowed as deductions by Section 265(a)(1) of the

26  Internal Revenue Code; and (ii) for taxable years
    SB2394 Enrolled  - 595 - LRB104 09208 AMC 19265 b

1   ending on or after August 13, 1999, Sections

2   171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

3   Internal Revenue Code, plus, (iii) for taxable years

4   ending on or after December 31, 2011, Section

5   45G(e)(3) of the Internal Revenue Code and, for

6   taxable years ending on or after December 31, 2008,

7   any amount included in gross income under Section 87

8   of the Internal Revenue Code; the provisions of this

9   subparagraph are exempt from the provisions of Section

10  250;

11  (K) An amount equal to those dividends included in

12  such total which were paid by a corporation which

13  conducts business operations in a River Edge

14  Redevelopment Zone or zones created under the River

15  Edge Redevelopment Zone Act and conducts substantially

16  all of its operations from a River Edge Redevelopment

17  Zone or zones. This subparagraph (K) is exempt from

18  the provisions of Section 250;

19  (L) An amount equal to any contribution made to a

20  job training project established pursuant to the Real

21  Property Tax Increment Allocation Redevelopment Act;

22  (M) An amount equal to those dividends included in

23  such total that were paid by a corporation that

24  conducts business operations in a federally designated

25  Foreign Trade Zone or Sub-Zone and that is designated

26  a High Impact Business located in Illinois; provided
    SB2394 Enrolled  - 596 - LRB104 09208 AMC 19265 b

1   that dividends eligible for the deduction provided in

2   subparagraph (K) of paragraph (2) of this subsection

3   shall not be eligible for the deduction provided under

4   this subparagraph (M);

5   (N) An amount equal to the amount of the deduction

6   used to compute the federal income tax credit for

7   restoration of substantial amounts held under claim of

8   right for the taxable year pursuant to Section 1341 of

9   the Internal Revenue Code;

10  (O) For taxable years 2001 and thereafter, for the

11  taxable year in which the bonus depreciation deduction

12  is taken on the taxpayer's federal income tax return

13  under subsection (k) of Section 168 of the Internal

14  Revenue Code and for each applicable taxable year

15  thereafter, an amount equal to "x", where:

16                   (1) "y" equals the amount of the depreciation

17  deduction taken for the taxable year on the

18  taxpayer's federal income tax return on property

19  for which the bonus depreciation deduction was

20  taken in any year under subsection (k) of Section

21  168 of the Internal Revenue Code, but not

22  including the bonus depreciation deduction;

23                   (2) for taxable years ending on or before

24  December 31, 2005, "x" equals "y" multiplied by 30

25  and then divided by 70 (or "y" multiplied by

26  0.429); and
    SB2394 Enrolled              - 597 - LRB104 09208 AMC 19265 b

1                    (3) for taxable years ending after December

2   31, 2005:

3                    (i) for property on which a bonus

4                    depreciation deduction of 30% of the adjusted

5                    basis was taken, "x" equals "y" multiplied by

6                    30 and then divided by 70 (or "y" multiplied

7                    by 0.429);

8                    (ii) for property on which a bonus

9                    depreciation deduction of 50% of the adjusted

10                   basis was taken, "x" equals "y" multiplied by

11                   1.0;

12                   (iii) for property on which a bonus

13                   depreciation deduction of 100% of the adjusted

14                   basis was taken in a taxable year ending on or

15                   after December 31, 2021, "x" equals the

16                   depreciation deduction that would be allowed

17                   on that property if the taxpayer had made the

18                   election under Section 168(k)(7) of the

19                   Internal Revenue Code to not claim bonus

20                   depreciation on that property; and

21                   (iv) for property on which a bonus

22                   depreciation deduction of a percentage other

23                   than 30%, 50% or 100% of the adjusted basis

24                   was taken in a taxable year ending on or after

25                   December 31, 2021, "x" equals "y" multiplied

26                   by 100 times the percentage bonus depreciation
    SB2394 Enrolled  - 598 - LRB104 09208 AMC 19265 b

1                    on the property (that is, 100(bonus%)) and

2                    then divided by 100 times 1 minus the

3                    percentage bonus depreciation on the property

4                    (that is, 100(1-bonus%)).

5   The aggregate amount deducted under this

6   subparagraph in all taxable years for any one piece of

7   property may not exceed the amount of the bonus

8   depreciation deduction taken on that property on the

9   taxpayer's federal income tax return under subsection

10  (k) of Section 168 of the Internal Revenue Code. This

11  subparagraph (O) is exempt from the provisions of

12  Section 250;

13  (P) If the taxpayer sells, transfers, abandons, or

14  otherwise disposes of property for which the taxpayer

15  was required in any taxable year to make an addition

16  modification under subparagraph (D-5), then an amount

17  equal to that addition modification.

18  If the taxpayer continues to own property through

19  the last day of the last tax year for which a

20  subtraction is allowed with respect to that property

21  under subparagraph (O) and for which the taxpayer was

22  required in any taxable year to make an addition

23  modification under subparagraph (D-5), then an amount

24  equal to that addition modification.

25  The taxpayer is allowed to take the deduction

26  under this subparagraph only once with respect to any
    SB2394 Enrolled    - 599 - LRB104 09208 AMC 19265 b

1   one piece of property.

2   This subparagraph (P) is exempt from the

3   provisions of Section 250;

4   (Q) The amount of (i) any interest income (net of

5   the deductions allocable thereto) taken into account

6   for the taxable year with respect to a transaction

7   with a taxpayer that is required to make an addition

8   modification with respect to such transaction under

9   Section          203(a)(2)(D-17),  203(b)(2)(E-12),

10  203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

11  the amount of such addition modification and (ii) any

12  income from intangible property (net of the deductions

13  allocable thereto) taken into account for the taxable

14  year with respect to a transaction with a taxpayer

15  that is required to make an addition modification with

16  respect to such transaction under Section

17  203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

18  203(d)(2)(D-8), but not to exceed the amount of such

19  addition modification. This subparagraph (Q) is exempt

20  from Section 250;

21  (R) An amount equal to the interest income taken

22  into account for the taxable year (net of the

23  deductions allocable thereto) with respect to

24  transactions with (i) a foreign person who would be a

25  member of the taxpayer's unitary business group but

26  for the fact that the foreign person's business
    SB2394 Enrolled  - 600 - LRB104 09208 AMC 19265 b

1   activity outside the United States is 80% or more of

2   that person's total business activity and (ii) for

3   taxable years ending on or after December 31, 2008, to

4   a person who would be a member of the same unitary

5   business group but for the fact that the person is

6   prohibited under Section 1501(a)(27) from being

7   included in the unitary business group because he or

8   she is ordinarily required to apportion business

9   income under different subsections of Section 304, but

10  not to exceed the addition modification required to be

11  made for the same taxable year under Section

12  203(d)(2)(D-7) for interest paid, accrued, or

13  incurred, directly or indirectly, to the same person.

14  This subparagraph (R) is exempt from Section 250;

15  (S) An amount equal to the income from intangible

16  property taken into account for the taxable year (net

17  of the deductions allocable thereto) with respect to

18  transactions with (i) a foreign person who would be a

19  member of the taxpayer's unitary business group but

20  for the fact that the foreign person's business

21  activity outside the United States is 80% or more of

22  that person's total business activity and (ii) for

23  taxable years ending on or after December 31, 2008, to

24  a person who would be a member of the same unitary

25  business group but for the fact that the person is

26  prohibited under Section 1501(a)(27) from being
    SB2394 Enrolled   - 601 - LRB104 09208 AMC 19265 b

1   included in the unitary business group because he or

2   she is ordinarily required to apportion business

3   income under different subsections of Section 304, but

4   not to exceed the addition modification required to be

5   made for the same taxable year under Section

6   203(d)(2)(D-8) for intangible expenses and costs paid,

7   accrued, or incurred, directly or indirectly, to the

8   same person. This subparagraph (S) is exempt from

9   Section 250;

10  (T) For taxable years ending on or after December

11  31, 2011, in the case of a taxpayer who was required to

12  add back any insurance premiums under Section

13  203(d)(2)(D-9), such taxpayer may elect to subtract

14  that part of a reimbursement received from the

15  insurance company equal to the amount of the expense

16  or loss (including expenses incurred by the insurance

17  company) that would have been taken into account as a

18  deduction for federal income tax purposes if the

19  expense or loss had been uninsured. If a taxpayer

20  makes the election provided for by this subparagraph

21  (T), the insurer to which the premiums were paid must

22  add back to income the amount subtracted by the

23  taxpayer pursuant to this subparagraph (T). This

24  subparagraph (T) is exempt from the provisions of

25  Section 250; and

26  (U) For taxable years beginning on or after
    SB2394 Enrolled  - 602 - LRB104 09208 AMC 19265 b

1   January 1, 2023, for any cannabis establishment

2   operating in this State and licensed under the

3   Cannabis Regulation and Tax Act or any cannabis

4   cultivation center or medical cannabis dispensing

5   organization operating in this State and licensed

6   under the Compassionate Use of Medical Cannabis

7   Program Act, an amount equal to the deductions that

8   were disallowed under Section 280E of the Internal

9   Revenue Code for the taxable year and that would not be

10  added back under this subsection. The provisions of

11  this subparagraph (U) are exempt from the provisions

12  of Section 250.

13  (e) Gross income; adjusted gross income; taxable income.

14  (1) In general. Subject to the provisions of paragraph

15  (2) and subsection (b)(3), for purposes of this Section

16  and Section 803(e), a taxpayer's gross income, adjusted

17  gross income, or taxable income for the taxable year shall

18  mean the amount of gross income, adjusted gross income or

19  taxable income properly reportable for federal income tax

20  purposes for the taxable year under the provisions of the

21  Internal Revenue Code. Taxable income may be less than

22  zero. However, for taxable years ending on or after

23  December 31, 1986, net operating loss carryforwards from

24  taxable years ending prior to December 31, 1986, may not

25  exceed the sum of federal taxable income for the taxable
    SB2394 Enrolled         - 603 - LRB104 09208 AMC 19265 b

1   year before net operating loss deduction, plus the excess

2   of addition modifications over subtraction modifications

3   for the taxable year. For taxable years ending prior to

4   December 31, 1986, taxable income may never be an amount

5   in excess of the net operating loss for the taxable year as

6   defined in subsections (c) and (d) of Section 172 of the

7   Internal Revenue Code, provided that when taxable income

8   of a corporation (other than a Subchapter S corporation),

9   trust, or estate is less than zero and addition

10  modifications, other than those provided by subparagraph

11  (E) of paragraph (2) of subsection (b) for corporations or

12  subparagraph (E) of paragraph (2) of subsection (c) for

13  trusts and estates, exceed subtraction modifications, an

14  addition modification must be made under those

15  subparagraphs for any other taxable year to which the

16  taxable income less than zero (net operating loss) is

17  applied under Section 172 of the Internal Revenue Code or

18  under subparagraph (E) of paragraph (2) of this subsection

19  (e) applied in conjunction with Section 172 of the

20  Internal Revenue Code.

21  (2) Special rule. For purposes of paragraph (1) of

22  this subsection, the taxable income properly reportable

23  for federal income tax purposes shall mean:

24  (A) Certain life insurance companies. In the case

25  of a life insurance company subject to the tax imposed

26  by Section 801 of the Internal Revenue Code, life
    SB2394 Enrolled  - 604 - LRB104 09208 AMC 19265 b

1   insurance company taxable income, plus the amount of

2   distribution from pre-1984 policyholder surplus

3   accounts as calculated under Section 815a of the

4   Internal Revenue Code;

5   (B) Certain other insurance companies. In the case

6   of mutual insurance companies subject to the tax

7   imposed by Section 831 of the Internal Revenue Code,

8   insurance company taxable income;

9   (C) Regulated investment companies. In the case of

10  a regulated investment company subject to the tax

11  imposed by Section 852 of the Internal Revenue Code,

12  investment company taxable income;

13  (D) Real estate investment trusts. In the case of

14  a real estate investment trust subject to the tax

15  imposed by Section 857 of the Internal Revenue Code,

16  real estate investment trust taxable income;

17  (E) Consolidated corporations. In the case of a

18  corporation which is a member of an affiliated group

19  of corporations filing a consolidated income tax

20  return for the taxable year for federal income tax

21  purposes, taxable income determined as if such

22  corporation had filed a separate return for federal

23  income tax purposes for the taxable year and each

24  preceding taxable year for which it was a member of an

25  affiliated group. For purposes of this subparagraph,

26  the taxpayer's separate taxable income shall be
    SB2394 Enrolled  - 605 - LRB104 09208 AMC 19265 b

1   determined as if the election provided by Section

2   243(b)(2) of the Internal Revenue Code had been in

3   effect for all such years;

4   (F) Cooperatives. In the case of a cooperative

5   corporation or association, the taxable income of such

6   organization determined in accordance with the

7   provisions of Section 1381 through 1388 of the

8   Internal Revenue Code, but without regard to the

9   prohibition against offsetting losses from patronage

10  activities against income from nonpatronage

11  activities; except that a cooperative corporation or

12  association may make an election to follow its federal

13  income tax treatment of patronage losses and

14  nonpatronage losses. In the event such election is

15  made, such losses shall be computed and carried over

16  in a manner consistent with subsection (a) of Section

17  207 of this Act and apportioned by the apportionment

18  factor reported by the cooperative on its Illinois

19  income tax return filed for the taxable year in which

20  the losses are incurred. The election shall be

21  effective for all taxable years with original returns

22  due on or after the date of the election. In addition,

23  the cooperative may file an amended return or returns,

24  as allowed under this Act, to provide that the

25  election shall be effective for losses incurred or

26  carried forward for taxable years occurring prior to
    SB2394 Enrolled  - 606 - LRB104 09208 AMC 19265 b

1   the date of the election. Once made, the election may

2   only be revoked upon approval of the Director. The

3   Department shall adopt rules setting forth

4   requirements for documenting the elections and any

5   resulting Illinois net loss and the standards to be

6   used by the Director in evaluating requests to revoke

7   elections. Public Act 96-932 is declaratory of

8   existing law;

9   (G) Subchapter S corporations. In the case of: (i)

10  a Subchapter S corporation for which there is in

11  effect an election for the taxable year under Section

12  1362 of the Internal Revenue Code, the taxable income

13  of such corporation determined in accordance with

14  Section 1363(b) of the Internal Revenue Code, except

15  that taxable income shall take into account those

16  items which are required by Section 1363(b)(1) of the

17  Internal Revenue Code to be separately stated; and

18  (ii) a Subchapter S corporation for which there is in

19  effect a federal election to opt out of the provisions

20  of the Subchapter S Revision Act of 1982 and have

21  applied instead the prior federal Subchapter S rules

22  as in effect on July 1, 1982, the taxable income of

23  such corporation determined in accordance with the

24  federal Subchapter S rules as in effect on July 1,

25  1982; and

26  (H) Partnerships. In the case of a partnership,
    SB2394 Enrolled  - 607 - LRB104 09208 AMC 19265 b

1   taxable income determined in accordance with Section

2   703 of the Internal Revenue Code, except that taxable

3   income shall take into account those items which are

4   required by Section 703(a)(1) to be separately stated

5   but which would be taken into account by an individual

6   in calculating his taxable income.

7   (3) Recapture of business expenses on disposition of

8   asset or business. Notwithstanding any other law to the

9   contrary, if in prior years income from an asset or

10  business has been classified as business income and in a

11  later year is demonstrated to be non-business income, then

12  all expenses, without limitation, deducted in such later

13  year and in the 2 immediately preceding taxable years

14  related to that asset or business that generated the

15  non-business income shall be added back and recaptured as

16  business income in the year of the disposition of the

17  asset or business. Such amount shall be apportioned to

18  Illinois using the greater of the apportionment fraction

19  computed for the business under Section 304 of this Act

20  for the taxable year or the average of the apportionment

21  fractions computed for the business under Section 304 of

22  this Act for the taxable year and for the 2 immediately

23  preceding taxable years.

24  (f) Valuation limitation amount.

25  (1) In general. The valuation limitation amount
    SB2394 Enrolled  - 608 - LRB104 09208 AMC 19265 b

1   referred to in subsections (a)(2)(G), (c)(2)(I) and

2   (d)(2)(E) is an amount equal to:

3   (A) The sum of the pre-August 1, 1969 appreciation

4   amounts (to the extent consisting of gain reportable

5   under the provisions of Section 1245 or 1250 of the

6   Internal Revenue Code) for all property in respect of

7   which such gain was reported for the taxable year;

8   plus

9   (B) The lesser of (i) the sum of the pre-August 1,

10  1969 appreciation amounts (to the extent consisting of

11  capital gain) for all property in respect of which

12  such gain was reported for federal income tax purposes

13  for the taxable year, or (ii) the net capital gain for

14  the taxable year, reduced in either case by any amount

15  of such gain included in the amount determined under

16  subsection (a)(2)(F) or (c)(2)(H).

17  (2) Pre-August 1, 1969 appreciation amount.

18  (A) If the fair market value of property referred

19  to in paragraph (1) was readily ascertainable on

20  August 1, 1969, the pre-August 1, 1969 appreciation

21  amount for such property is the lesser of (i) the

22  excess of such fair market value over the taxpayer's

23  basis (for determining gain) for such property on that

24  date (determined under the Internal Revenue Code as in

25  effect on that date), or (ii) the total gain realized

26  and reportable for federal income tax purposes in
    SB2394 Enrolled  - 609 - LRB104 09208 AMC 19265 b

1   respect of the sale, exchange or other disposition of

2   such property.

3   (B) If the fair market value of property referred

4   to in paragraph (1) was not readily ascertainable on

5   August 1, 1969, the pre-August 1, 1969 appreciation

6   amount for such property is that amount which bears

7   the same ratio to the total gain reported in respect of

8   the property for federal income tax purposes for the

9   taxable year, as the number of full calendar months in

10  that part of the taxpayer's holding period for the

11  property ending July 31, 1969 bears to the number of

12  full calendar months in the taxpayer's entire holding

13  period for the property.

14  (C) The Department shall prescribe such

15  regulations as may be necessary to carry out the

16  purposes of this paragraph.

17  (g) Double deductions. Unless specifically provided

18 otherwise, nothing in this Section shall permit the same item

19 to be deducted more than once.

20  (h) Legislative intention. Except as expressly provided by

21 this Section there shall be no modifications or limitations on

22 the amounts of income, gain, loss or deduction taken into

23 account in determining gross income, adjusted gross income or

24 taxable income for federal income tax purposes for the taxable
    SB2394 Enrolled  - 610 - LRB104 09208 AMC 19265 b

 1 year, or in the amount of such items entering into the
 2 computation of base income and net income under this Act for
 3 such taxable year, whether in respect of property values as of
 4 August 1, 1969 or otherwise.
 5 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
 6 102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.
 7 12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; 103-592,
 8 Article 10, Section 10-900, eff. 6-7-24; 103-592, Article 170,
 9 Section 170-90, eff. 6-7-24; 103-605, eff. 7-1-24; 103-647,
10 eff. 7-1-24; revised 8-20-24.)

11  (35 ILCS 5/241)

12  Sec. 241. Credit for quantum computing campuses.

13  (a) A taxpayer who has been awarded a credit by the

14 Department of Commerce and Economic Opportunity under Section

15 605-1115 605-115 of the Department of Commerce and Economic

16 Opportunity Law of the Civil Administrative Code of Illinois

17 is entitled to a credit against the taxes imposed under

18 subsections (a) and (b) of Section 201 of this Act. The amount

19 of the credit shall be 20% of the wages paid by the taxpayer

20 during the taxable year to a full-time or part-time employee

21 of a construction contractor employed in the construction of

22 an eligible facility located on a quantum computing campus

23 designated under Section 605-1115 605-115 of the Department of

24 Commerce and Economic Opportunity Law of the Civil

25 Administrative Code of Illinois.
    SB2394 Enrolled        - 611 - LRB104 09208 AMC 19265 b

1   (b) In no event shall a credit under this Section reduce

2 the taxpayer's liability to less than zero. If the amount of

3 the credit exceeds the tax liability for the year, the excess

4 may be carried forward and applied to the tax liability of the

5 5 taxable years following the excess credit year. The tax

6 credit shall be applied to the earliest year for which there is

7 a tax liability. If there are credits for more than one year

8 that are available to offset a liability, the earlier credit

9 shall be applied first.

10  (c) A person claiming the credit allowed under this

11 Section shall attach to its Illinois income tax return for the

12 taxable year for which the credit is allowed a copy of the tax

13 credit certificate issued by the Department of Commerce and

14 Economic Opportunity.

15  (d) Partners and shareholders of Subchapter S corporations

16 are entitled to a credit under this Section as provided in

17 Section 251.

18  (e) As used in this Section, "eligible facility" means a

19 building used primarily to house one or more of the following:

20 a quantum computer operator; a research facility; a data

21 center; a manufacturer and assembler of quantum computers and

22 component parts; a cryogenic or refrigeration facility; or any

23 other facility determined, by industry and academic leaders,

24 to be fundamental to the research and development of quantum

25 computing for practical solutions.

26  (f) This Section is exempt from the provisions of Section
    SB2394 Enrolled   - 612 - LRB104 09208 AMC 19265 b

1 250.
2 (Source: P.A. 103-595, eff. 6-26-24; revised 9-25-24.)

3   (35 ILCS 5/242)

4   Sec. 242 241. Music and Musicians Tax Credits and Jobs

5 Act. Taxpayers who have been awarded a credit under the Music

6 and Musicians Tax Credits and Jobs Act are entitled to a credit

7 against the taxes imposed by subsections (a) and (b) of

8 Section 201 of this Act in an amount determined by the

9 Department of Commerce and Economic Opportunity under that

10 Act. The credit shall be claimed in the taxable year in which

11 the tax credit award certificate is issued, and the

12 certificate shall be attached to the return. If the taxpayer

13 is a partnership or Subchapter S corporation, the credit shall

14 be allowed to the partners or shareholders in accordance with

15 the provisions of Section 251.

16  The credit may not reduce the taxpayer's liability to less

17 than zero. If the amount of the credit exceeds the tax

18 liability for the year, the excess may be carried forward and

19 applied to the tax liability of the 5 taxable years following

20 the excess credit year. The credit shall be applied to the

21 earliest year for which there is a tax liability. If there are

22 credits from more than one tax year that are available to

23 offset a liability, the earlier credit shall be applied first.

24 (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24;

25 revised 9-25-24.)
    SB2394 Enrolled           - 613 - LRB104 09208 AMC 19265 b

1   (35 ILCS 5/243)

2   Sec. 243 241. The Illinois Gives tax credit.

3   (a) For taxable years ending on or after December 31, 2025

4 and ending before January 1, 2030, each taxpayer for whom a tax

5 credit has been authorized by the Department of Revenue under

6 the Illinois Gives Tax Credit Act is entitled to a credit

7 against the tax imposed under subsections (a) and (b) of

8 Section 201 in an amount equal to the amount authorized under

9 that Act.

10  (b) For partners of partnerships and shareholders of

11 Subchapter S corporations, there is allowed a credit under

12 this Section to be determined in accordance with Section 251

13 of this Act.

14  (c) The credit may not be carried back and may not reduce

15 the taxpayer's liability to less than zero. If the amount of

16 the credit exceeds the tax liability for the year, the excess

17 may be carried forward and applied to the tax liability of the

18 5 taxable years following the excess credit year. The tax

19 credit shall be applied to the earliest year for which there is

20 a tax liability. If there are credits for more than one year

21 that are available to offset a liability, the earlier credit

22 shall be applied first.

23 (Source: P.A. 103-592, Article 170, Section 170-90, eff.

24 6-7-24; revised 9-25-24.)
    SB2394 Enrolled             - 614 - LRB104 09208 AMC 19265 b

1   (35 ILCS 5/244)

2   Sec. 244. Child tax credit.

3   (a) For the taxable years beginning on or after January 1,

4 2024, each individual taxpayer who has at least one qualifying

5 child who is younger than 12 years of age as of the last day of

6 the taxable year is entitled to a credit against the tax

7 imposed by subsections (a) and (b) of Section 201. For tax

8 years beginning on or after January 1, 2024 and before January

9 1, 2025, the credit shall be equal to 20% of the credit allowed

10 to the taxpayer under Section 212 of this Act for that taxable

11 year. For tax years beginning on or after January 1, 2025, the

12 amount of the credit shall be equal to 40% of the credit

13 allowed to the taxpayer under Section 212 of this Act for that

14 taxable year.

15  (b) If the amount of the credit exceeds the income tax

16 liability for the applicable tax year, then the excess credit

17 shall be refunded to the taxpayer. The amount of the refund

18 under this Section shall not be included in the taxpayer's

19 income or resources for the purposes of determining

20 eligibility or benefit level in any means-tested benefit

21 program administered by a governmental entity unless required

22 by federal law.

23  (c) The Department may adopt rules to carry out the

24 provisions of this Section.

25  (d) As used in this Section, "qualifying child" has the

26 meaning given to that term in Section 152 of the Internal
   SB2394 Enrolled  - 615 - LRB104 09208 AMC 19265 b

1 Revenue Code.

2  (e) This Section is exempt from the provisions of Section

3 250.

4 (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)

5  (35 ILCS 5/304) (from Ch. 120, par. 3-304)

6  Sec. 304. Business income of persons other than residents.

7  (a) In general. The business income of a person other than

8 a resident shall be allocated to this State if such person's

9 business income is derived solely from this State. If a person

10 other than a resident derives business income from this State

11 and one or more other states, then, for tax years ending on or

12 before December 30, 1998, and except as otherwise provided by

13 this Section, such person's business income shall be

14 apportioned to this State by multiplying the income by a

15 fraction, the numerator of which is the sum of the property

16 factor (if any), the payroll factor (if any) and 200% of the

17 sales factor (if any), and the denominator of which is 4

18 reduced by the number of factors other than the sales factor

19 which have a denominator of zero and by an additional 2 if the

20 sales factor has a denominator of zero. For tax years ending on

21 or after December 31, 1998, and except as otherwise provided

22 by this Section, persons other than residents who derive

23 business income from this State and one or more other states

24 shall compute their apportionment factor by weighting their

25 property, payroll, and sales factors as provided in subsection
    SB2394 Enrolled       - 616 - LRB104 09208 AMC 19265 b

1 (h) of this Section.

2   (1) Property factor.

3   (A) The property factor is a fraction, the numerator

4   of which is the average value of the person's real and

5   tangible personal property owned or rented and used in the

6   trade or business in this State during the taxable year

7   and the denominator of which is the average value of all

8   the person's real and tangible personal property owned or

9   rented and used in the trade or business during the

10  taxable year.

11  (B) Property owned by the person is valued at its

12  original cost. Property rented by the person is valued at

13  8 times the net annual rental rate. Net annual rental rate

14  is the annual rental rate paid by the person less any

15  annual rental rate received by the person from

16  sub-rentals.

17  (C) The average value of property shall be determined

18  by averaging the values at the beginning and ending of the

19  taxable year, but the Director may require the averaging

20  of monthly values during the taxable year if reasonably

21  required to reflect properly the average value of the

22  person's property.

23  (2) Payroll factor.

24  (A) The payroll factor is a fraction, the numerator of

25  which is the total amount paid in this State during the

26  taxable year by the person for compensation, and the
    SB2394 Enrolled     - 617 - LRB104 09208 AMC 19265 b

1   denominator of which is the total compensation paid

2   everywhere during the taxable year.

3   (B) Compensation is paid in this State if:

4   (i) The individual's service is performed entirely

5   within this State;

6   (ii) The individual's service is performed both

7   within and without this State, but the service

8   performed without this State is incidental to the

9   individual's service performed within this State; or

10  (iii) For tax years ending prior to December 31,

11  2020, some of the service is performed within this

12  State and either the base of operations, or if there is

13  no base of operations, the place from which the

14  service is directed or controlled is within this

15  State, or the base of operations or the place from

16  which the service is directed or controlled is not in

17  any state in which some part of the service is

18  performed, but the individual's residence is in this

19  State. For tax years ending on or after December 31,

20  2020, compensation is paid in this State if some of the

21  individual's service is performed within this State,

22  the individual's service performed within this State

23  is nonincidental to the individual's service performed

24  without this State, and the individual's service is

25  performed within this State for more than 30 working

26  days during the tax year. The amount of compensation
    SB2394 Enrolled             - 618 - LRB104 09208 AMC 19265 b

1   paid in this State shall include the portion of the

2   individual's total compensation for services performed

3   on behalf of his or her employer during the tax year

4   which the number of working days spent within this

5   State during the tax year bears to the total number of

6   working days spent both within and without this State

7   during the tax year. For purposes of this paragraph:

8                    (a) The term "working day" means all days

9   during the tax year in which the individual

10  performs duties on behalf of his or her employer.

11  All days in which the individual performs no

12  duties on behalf of his or her employer (e.g.,

13  weekends, vacation days, sick days, and holidays)

14  are not working days.

15                   (b) A working day is spent within this State

16  if:

17                   (1) the individual performs service on

18                   behalf of the employer and a greater amount of

19                   time on that day is spent by the individual

20                   performing duties on behalf of the employer

21                   within this State, without regard to time

22                   spent traveling, than is spent performing

23                   duties on behalf of the employer without this

24                   State; or

25                   (2) the only service the individual

26                   performs on behalf of the employer on that day
    SB2394 Enrolled  - 619 - LRB104 09208 AMC 19265 b

1                    is traveling to a destination within this

2                    State, and the individual arrives on that day.

3                    (c) Working days spent within this State do

4   not include any day in which the employee is

5   performing services in this State during a

6   disaster period solely in response to a request

7   made to his or her employer by the government of

8   this State, by any political subdivision of this

9   State, or by a person conducting business in this

10  State to perform disaster or emergency-related

11  services in this State. For purposes of this item

12  (c):

13                   "Declared State disaster or emergency"

14                   means a disaster or emergency event (i) for

15                   which a Governor's proclamation of a state of

16                   emergency has been issued or (ii) for which a

17                   Presidential declaration of a federal major

18                   disaster or emergency has been issued.

19                   "Disaster period" means a period that

20                   begins 10 days prior to the date of the

21                   Governor's proclamation or the President's

22                   declaration (whichever is earlier) and extends

23                   for a period of 60 calendar days after the end

24                   of the declared disaster or emergency period.

25                   "Disaster or emergency-related services"

26                   means repairing, renovating, installing,
    SB2394 Enrolled          - 620 - LRB104 09208 AMC 19265 b

1                    building, or rendering services or conducting

2                    other business activities that relate to

3                    infrastructure that has been damaged,

4                    impaired, or destroyed by the declared State

5                    disaster or emergency.

6                    "Infrastructure" means property and

7                    equipment owned or used by a public utility,

8                    communications network, broadband and Internet

9                    internet service provider, cable and video

10                   service provider, electric or gas distribution

11                   system, or water pipeline that provides

12                   service to more than one customer or person,

13                   including related support facilities.

14                   "Infrastructure" includes, but is not limited

15                   to, real and personal property such as

16                   buildings, offices, power lines, cable lines,

17                   poles,  communications      lines,  pipes,

18                   structures, and equipment.

19  (iv) Compensation paid to nonresident professional

20  athletes.

21  (a) General. The Illinois source income of a

22  nonresident individual who is a member of a

23  professional athletic team includes the portion of the

24  individual's total compensation for services performed

25  as a member of a professional athletic team during the

26  taxable year which the number of duty days spent
    SB2394 Enrolled  - 621 - LRB104 09208 AMC 19265 b

1   within this State performing services for the team in

2   any manner during the taxable year bears to the total

3   number of duty days spent both within and without this

4   State during the taxable year.

5   (b) Travel days. Travel days that do not involve

6   either a game, practice, team meeting, or other

7   similar team event are not considered duty days spent

8   in this State. However, such travel days are

9   considered in the total duty days spent both within

10  and without this State.

11  (c) Definitions. For purposes of this subpart

12  (iv):

13                   (1) The term "professional athletic team"

14  includes, but is not limited to, any professional

15  baseball, basketball, football, soccer, or hockey

16  team.

17                   (2) The term "member of a professional

18  athletic team" includes those employees who are

19  active players, players on the disabled list, and

20  any other persons required to travel and who

21  travel with and perform services on behalf of a

22  professional athletic team on a regular basis.

23  This includes, but is not limited to, coaches,

24  managers, and trainers.

25                   (3) Except as provided in items (C) and (D) of

26  this subpart (3), the term "duty days" means all
    SB2394 Enrolled               - 622 - LRB104 09208 AMC 19265 b

1   days during the taxable year from the beginning of

2   the professional athletic team's official

3   pre-season training period through the last game

4   in which the team competes or is scheduled to

5   compete. Duty days shall be counted for the year

6   in which they occur, including where a team's

7   official pre-season training period through the

8   last game in which the team competes or is

9   scheduled to compete, occurs during more than one

10  tax year.

11                   (A) Duty days shall also include days on

12                   which a member of a professional athletic team

13                   performs service for a team on a date that

14                   does not fall within the foregoing period

15                   (e.g., participation in instructional leagues,

16                   the "All Star Game", or promotional

17                   "caravans"). Performing a service for a

18                   professional athletic team includes conducting

19                   training and rehabilitation activities, when

20                   such activities are conducted at team

21                   facilities.

22                   (B) Also included in duty days are game

23                   days, practice days, days spent at team

24                   meetings, promotional caravans, preseason

25                   training camps, and days served with the team

26                   through all post-season games in which the
    SB2394 Enrolled  - 623 - LRB104 09208 AMC 19265 b

1                    team competes or is scheduled to compete.

2                    (C) Duty days for any person who joins a

3                    team during the period from the beginning of

4                    the professional athletic team's official

5                    pre-season training period through the last

6                    game in which the team competes, or is

7                    scheduled to compete, shall begin on the day

8                    that person joins the team. Conversely, duty

9                    days for any person who leaves a team during

10                   this period shall end on the day that person

11                   leaves the team. Where a person switches teams

12                   during a taxable year, a separate duty-day

13                   calculation shall be made for the period the

14                   person was with each team.

15                   (D) Days for which a member of a

16                   professional athletic team is not compensated

17                   and is not performing services for the team in

18                   any manner, including days when such member of

19                   a professional athletic team has been

20                   suspended without pay and prohibited from

21                   performing any services for the team, shall

22                   not be treated as duty days.

23                   (E) Days for which a member of a

24                   professional athletic team is on the disabled

25                   list and does not conduct rehabilitation

26                   activities at facilities of the team, and is
    SB2394 Enrolled              - 624 - LRB104 09208 AMC 19265 b

1                    not otherwise performing services for the team

2                    in Illinois, shall not be considered duty days

3                    spent in this State. All days on the disabled

4                    list, however, are considered to be included

5                    in total duty days spent both within and

6                    without this State.

7                    (4) The term "total compensation for services

8   performed as a member of a professional athletic

9   team" means the total compensation received during

10  the taxable year for services performed:

11                        (A) from the beginning of the official

12                   pre-season training period through the last

13                   game in which the team competes or is

14                   scheduled to compete during that taxable year;

15                   and

16                        (B) during the taxable year on a date

17                   which does not fall within the foregoing

18                   period (e.g., participation in instructional

19                   leagues, the "All Star Game", or promotional

20                   caravans).

21                   This compensation shall include, but is not

22  limited to, salaries, wages, bonuses as described

23  in this subpart, and any other type of

24  compensation paid during the taxable year to a

25  member of a professional athletic team for

26  services performed in that year. This compensation
    SB2394 Enrolled    - 625 - LRB104 09208 AMC 19265 b

1   does not include strike benefits, severance pay,

2   termination pay, contract or option year buy-out

3   payments, expansion or relocation payments, or any

4   other payments not related to services performed

5   for the team.

6                    For purposes of this subparagraph, "bonuses"

7   included in "total compensation for services

8   performed as a member of a professional athletic

9   team" subject to the allocation described in

10  Section 302(c)(1) are: bonuses earned as a result

11  of play (i.e., performance bonuses) during the

12  season, including bonuses paid for championship,

13  playoff or "bowl" games played by a team, or for

14  selection to all-star league or other honorary

15  positions; and bonuses paid for signing a

16  contract, unless the payment of the signing bonus

17  is not conditional upon the signee playing any

18  games for the team or performing any subsequent

19  services for the team or even making the team, the

20  signing bonus is payable separately from the

21  salary and any other compensation, and the signing

22  bonus is nonrefundable.

23  (3) Sales factor.

24  (A) The sales factor is a fraction, the numerator of

25  which is the total sales of the person in this State during

26  the taxable year, and the denominator of which is the
    SB2394 Enrolled  - 626 - LRB104 09208 AMC 19265 b

1   total sales of the person everywhere during the taxable

2   year.

3   (B) Sales of tangible personal property are in this

4   State if:

5          (i) The property is delivered or shipped to a

6   purchaser, other than the United States government,

7   within this State regardless of the f. o. b. point or

8   other conditions of the sale; or

9          (ii) The property is shipped from an office,

10  store, warehouse, factory or other place of storage in

11  this State and either the purchaser is the United

12  States government or the person is not taxable in the

13  state of the purchaser; provided, however, that

14  premises owned or leased by a person who has

15  independently contracted with the seller for the

16  printing of newspapers, periodicals or books shall not

17  be deemed to be an office, store, warehouse, factory

18  or other place of storage for purposes of this

19  Section. Sales of tangible personal property are not

20  in this State if the seller and purchaser would be

21  members of the same unitary business group but for the

22  fact that either the seller or purchaser is a person

23  with 80% or more of total business activity outside of

24  the United States and the property is purchased for

25  resale.

26  (B-1) Patents, copyrights, trademarks, and similar
    SB2394 Enrolled  - 627 - LRB104 09208 AMC 19265 b

1   items of intangible personal property.

2   (i) Gross receipts from the licensing, sale, or

3   other disposition of a patent, copyright, trademark,

4   or similar item of intangible personal property, other

5   than gross receipts governed by paragraph (B-7) of

6   this item (3), are in this State to the extent the item

7   is utilized in this State during the year the gross

8   receipts are included in gross income.

9   (ii) Place of utilization.

10                   (I) A patent is utilized in a state to the

11  extent that it is employed in production,

12  fabrication, manufacturing, or other processing in

13  the state or to the extent that a patented product

14  is produced in the state. If a patent is utilized

15  in more than one state, the extent to which it is

16  utilized in any one state shall be a fraction

17  equal to the gross receipts of the licensee or

18  purchaser from sales or leases of items produced,

19  fabricated, manufactured, or processed within that

20  state using the patent and of patented items

21  produced within that state, divided by the total

22  of such gross receipts for all states in which the

23  patent is utilized.

24                   (II) A copyright is utilized in a state to the

25  extent that printing or other publication

26  originates in the state. If a copyright is
    SB2394 Enrolled  - 628 - LRB104 09208 AMC 19265 b

1   utilized in more than one state, the extent to

2   which it is utilized in any one state shall be a

3   fraction equal to the gross receipts from sales or

4   licenses of materials printed or published in that

5   state divided by the total of such gross receipts

6   for all states in which the copyright is utilized.

7                    (III) Trademarks and other items of intangible

8   personal property governed by this paragraph (B-1)

9   are utilized in the state in which the commercial

10  domicile of the licensee or purchaser is located.

11  (iii) If the state of utilization of an item of

12  property governed by this paragraph (B-1) cannot be

13  determined from the taxpayer's books and records or

14  from the books and records of any person related to the

15  taxpayer within the meaning of Section 267(b) of the

16  Internal Revenue Code, 26 U.S.C. 267, the gross

17  receipts attributable to that item shall be excluded

18  from both the numerator and the denominator of the

19  sales factor.

20  (B-2) Gross receipts from the license, sale, or other

21  disposition of patents, copyrights, trademarks, and

22  similar items of intangible personal property, other than

23  gross receipts governed by paragraph (B-7) of this item

24  (3), may be included in the numerator or denominator of

25  the sales factor only if gross receipts from licenses,

26  sales, or other disposition of such items comprise more
    SB2394 Enrolled  - 629 - LRB104 09208 AMC 19265 b

1   than 50% of the taxpayer's total gross receipts included

2   in gross income during the tax year and during each of the

3   2 immediately preceding tax years; provided that, when a

4   taxpayer is a member of a unitary business group, such

5   determination shall be made on the basis of the gross

6   receipts of the entire unitary business group.

7   (B-5) For taxable years ending on or after December

8   31, 2008, except as provided in subsections (ii) through

9   (vii), receipts from the sale of telecommunications

10  service or mobile telecommunications service are in this

11  State if the customer's service address is in this State.

12  (i) For purposes of this subparagraph (B-5), the

13  following terms have the following meanings:

14  "Ancillary services" means services that are

15  associated with or incidental to the provision of

16  "telecommunications services", including, but not

17  limited to, "detailed telecommunications billing",

18  "directory assistance", "vertical service", and "voice

19  mail services".

20  "Air-to-Ground Radiotelephone service" means a

21  radio service, as that term is defined in 47 CFR 22.99,

22  in which common carriers are authorized to offer and

23  provide radio telecommunications service for hire to

24  subscribers in aircraft.

25  "Call-by-call Basis" means any method of charging

26  for telecommunications services where the price is
    SB2394 Enrolled      - 630 - LRB104 09208 AMC 19265 b

1   measured by individual calls.

2   "Communications Channel" means a physical or

3   virtual path of communications over which signals are

4   transmitted between or among customer channel

5   termination points.

6   "Conference bridging service" means an "ancillary

7   service" that links two or more participants of an

8   audio or video conference call and may include the

9   provision of a telephone number. "Conference bridging

10  service" does not include the "telecommunications

11  services" used to reach the conference bridge.

12  "Customer Channel Termination Point" means the

13  location where the customer either inputs or receives

14  the communications.

15  "Detailed telecommunications billing service"

16  means an "ancillary service" of separately stating

17  information pertaining to individual calls on a

18  customer's billing statement.

19  "Directory assistance" means an "ancillary

20  service" of providing telephone number information,

21  and/or address information.

22  "Home service provider" means the facilities based

23  carrier or reseller with which the customer contracts

24  for the provision of mobile telecommunications

25  services.

26  "Mobile telecommunications service" means
    SB2394 Enrolled  - 631 - LRB104 09208 AMC 19265 b

1   commercial mobile radio service, as defined in Section

2   20.3 of Title 47 of the Code of Federal Regulations as

3   in effect on June 1, 1999.

4   "Place of primary use" means the street address

5   representative of where the customer's use of the

6   telecommunications service primarily occurs, which

7   must be the residential street address or the primary

8   business street address of the customer. In the case

9   of mobile telecommunications services, "place of

10  primary use" must be within the licensed service area

11  of the home service provider.

12  "Post-paid telecommunication service" means the

13  telecommunications service obtained by making a

14  payment on a call-by-call basis either through the use

15  of a credit card or payment mechanism such as a bank

16  card, travel card, credit card, or debit card, or by

17  charge made to a telephone number which is not

18  associated with the origination or termination of the

19  telecommunications service. A post-paid calling

20  service includes telecommunications service, except a

21  prepaid wireless calling service, that would be a

22  prepaid calling service except it is not exclusively a

23  telecommunication service.

24  "Prepaid telecommunication service" means the

25  right to access exclusively telecommunications

26  services, which must be paid for in advance and which
    SB2394 Enrolled  - 632 - LRB104 09208 AMC 19265 b

1   enables the origination of calls using an access

2   number or authorization code, whether manually or

3   electronically dialed, and that is sold in

4   predetermined units or dollars of which the number

5   declines with use in a known amount.

6   "Prepaid Mobile telecommunication service" means a

7   telecommunications service that provides the right to

8   utilize mobile wireless service as well as other

9   non-telecommunication services, including, but not

10  limited to, ancillary services, which must be paid for

11  in advance that is sold in predetermined units or

12  dollars of which the number declines with use in a

13  known amount.

14  "Private communication service" means a

15  telecommunication service that entitles the customer

16  to exclusive or priority use of a communications

17  channel or group of channels between or among

18  termination points, regardless of the manner in which

19  such channel or channels are connected, and includes

20  switching capacity, extension lines, stations, and any

21  other associated services that are provided in

22  connection with the use of such channel or channels.

23  "Service address" means:

24                   (a) The location of the telecommunications

25  equipment to which a customer's call is charged

26  and from which the call originates or terminates,
    SB2394 Enrolled      - 633 - LRB104 09208 AMC 19265 b

1   regardless of where the call is billed or paid;

2                    (b) If the location in line (a) is not known,

3   service address means the origination point of the

4   signal of the telecommunications services first

5   identified           by  either    the       seller's

6   telecommunications system or in information

7   received by the seller from its service provider

8   where the system used to transport such signals is

9   not that of the seller; and

10                   (c) If the locations in line (a) and line (b)

11  are not known, the service address means the

12  location of the customer's place of primary use.

13  "Telecommunications service" means the electronic

14  transmission, conveyance, or routing of voice, data,

15  audio, video, or any other information or signals to a

16  point, or between or among points. The term

17  "telecommunications      service"  includes  such

18  transmission, conveyance, or routing in which computer

19  processing applications are used to act on the form,

20  code or protocol of the content for purposes of

21  transmission, conveyance or routing without regard to

22  whether such service is referred to as voice over

23  Internet protocol services or is classified by the

24  Federal Communications Commission as enhanced or value

25  added. "Telecommunications service" does not include:

26                   (a) Data processing and information services
    SB2394 Enrolled       - 634 - LRB104 09208 AMC 19265 b

1   that allow data to be generated, acquired, stored,

2   processed, or retrieved and delivered by an

3   electronic transmission to a purchaser when such

4   purchaser's primary purpose for the underlying

5   transaction is the processed data or information;

6                    (b) Installation or maintenance of wiring or

7   equipment on a customer's premises;

8                    (c) Tangible personal property;

9                    (d) Advertising, including, but not limited

10  to, directory advertising;

11                   (e) Billing and collection services provided

12  to third parties;

13                   (f) Internet access service;

14                   (g) Radio and television audio and video

15  programming services, regardless of the medium,

16  including the furnishing of transmission,

17  conveyance and routing of such services by the

18  programming service provider. Radio and television

19  audio and video programming services shall

20  include, but not be limited to, cable service as

21  defined in 47 USC 522(6) and audio and video

22  programming services delivered by commercial

23  mobile radio service providers, as defined in 47

24  CFR 20.3;

25                   (h) "Ancillary services"; or

26                   (i)  Digital  products           "delivered
    SB2394 Enrolled  - 635 - LRB104 09208 AMC 19265 b

1   electronically", including, but not limited to,

2   software, music, video, reading materials or

3   ringtones ring tones.

4   "Vertical service" means an "ancillary service"

5   that is offered in connection with one or more

6   "telecommunications services", which offers advanced

7   calling features that allow customers to identify

8   callers and to manage multiple calls and call

9   connections, including "conference bridging services".

10  "Voice mail service" means an "ancillary service"

11  that enables the customer to store, send or receive

12  recorded messages. "Voice mail service" does not

13  include any "vertical services" that the customer may

14  be required to have in order to utilize the "voice mail

15  service".

16  (ii) Receipts from the sale of telecommunications

17  service sold on an individual call-by-call basis are

18  in this State if either of the following applies:

19                   (a) The call both originates and terminates in

20  this State.

21                   (b) The call either originates or terminates

22  in this State and the service address is located

23  in this State.

24  (iii) Receipts from the sale of postpaid

25  telecommunications service at retail are in this State

26  if the origination point of the telecommunication
    SB2394 Enrolled  - 636 - LRB104 09208 AMC 19265 b

1   signal, as first identified by the service provider's

2   telecommunication system or as identified by

3   information received by the seller from its service

4   provider if the system used to transport

5   telecommunication signals is not the seller's, is

6   located in this State.

7   (iv) Receipts from the sale of prepaid

8   telecommunications service or prepaid mobile

9   telecommunications service at retail are in this State

10  if the purchaser obtains the prepaid card or similar

11  means of conveyance at a location in this State.

12  Receipts from recharging a prepaid telecommunications

13  service or mobile telecommunications service is in

14  this State if the purchaser's billing information

15  indicates a location in this State.

16  (v) Receipts from the sale of private

17  communication services are in this State as follows:

18                   (a) 100% of receipts from charges imposed at

19  each channel termination point in this State.

20                   (b) 100% of receipts from charges for the

21  total channel mileage between each channel

22  termination point in this State.

23                   (c) 50% of the total receipts from charges for

24  service segments when those segments are between 2

25  customer channel termination points, 1 of which is

26  located in this State and the other is located
    SB2394 Enrolled  - 637 - LRB104 09208 AMC 19265 b

1   outside of this State, which segments are

2   separately charged.

3                    (d) The receipts from charges for service

4   segments with a channel termination point located

5   in this State and in two or more other states, and

6   which segments are not separately billed, are in

7   this State based on a percentage determined by

8   dividing the number of customer channel

9   termination points in this State by the total

10  number of customer channel termination points.

11  (vi) Receipts from charges for ancillary services

12  for telecommunications service sold to customers at

13  retail are in this State if the customer's primary

14  place of use of telecommunications services associated

15  with those ancillary services is in this State. If the

16  seller of those ancillary services cannot determine

17  where the associated telecommunications are located,

18  then the ancillary services shall be based on the

19  location of the purchaser.

20  (vii) Receipts to access a carrier's network or

21  from the sale of telecommunication services or

22  ancillary services for resale are in this State as

23  follows:

24                   (a) 100% of the receipts from access fees

25  attributable to intrastate telecommunications

26  service that both originates and terminates in
    SB2394 Enrolled  - 638 - LRB104 09208 AMC 19265 b

1   this State.

2                    (b) 50% of the receipts from access fees

3   attributable to interstate telecommunications

4   service if the interstate call either originates

5   or terminates in this State.

6                    (c) 100% of the receipts from interstate end

7   user access line charges, if the customer's

8   service address is in this State. As used in this

9   subdivision, "interstate end user access line

10  charges" includes, but is not limited to, the

11  surcharge approved by the federal communications

12  commission and levied pursuant to 47 CFR 69.

13                   (d) Gross receipts from sales of

14  telecommunication services or from ancillary

15  services for telecommunications services sold to

16  other telecommunication service providers for

17  resale shall be sourced to this State using the

18  apportionment concepts used for non-resale

19  receipts of telecommunications services if the

20  information is readily available to make that

21  determination. If the information is not readily

22  available, then the taxpayer may use any other

23  reasonable and consistent method.

24  (B-7) For taxable years ending on or after December

25  31, 2008, receipts from the sale of broadcasting services

26  are in this State if the broadcasting services are
    SB2394 Enrolled  - 639 - LRB104 09208 AMC 19265 b

1   received in this State. For purposes of this paragraph

2   (B-7), the following terms have the following meanings:

3   "Advertising revenue" means consideration received

4   by the taxpayer in exchange for broadcasting services

5   or allowing the broadcasting of commercials or

6   announcements in connection with the broadcasting of

7   film or radio programming, from sponsorships of the

8   programming, or from product placements in the

9   programming.

10  "Audience factor" means the ratio that the

11  audience or subscribers located in this State of a

12  station, a network, or a cable system bears to the

13  total audience or total subscribers for that station,

14  network, or cable system. The audience factor for film

15  or radio programming shall be determined by reference

16  to the books and records of the taxpayer or by

17  reference to published rating statistics provided the

18  method used by the taxpayer is consistently used from

19  year to year for this purpose and fairly represents

20  the taxpayer's activity in this State.

21  "Broadcast" or "broadcasting" or "broadcasting

22  services" means the transmission or provision of film

23  or radio programming, whether through the public

24  airwaves, by cable, by direct or indirect satellite

25  transmission, or by any other means of communication,

26  either through a station, a network, or a cable
    SB2394 Enrolled  - 640 - LRB104 09208 AMC 19265 b

1   system.

2   "Film" or "film programming" means the broadcast

3   on television of any and all performances, events, or

4   productions, including, but not limited to, news,

5   sporting events, plays, stories, or other literary,

6   commercial, educational, or artistic works, either

7   live or through the use of video tape, disc, or any

8   other type of format or medium. Each episode of a

9   series of films produced for television shall

10  constitute a separate "film" notwithstanding that the

11  series relates to the same principal subject and is

12  produced during one or more tax periods.

13  "Radio" or "radio programming" means the broadcast

14  on radio of any and all performances, events, or

15  productions, including, but not limited to, news,

16  sporting events, plays, stories, or other literary,

17  commercial, educational, or artistic works, either

18  live or through the use of an audio tape, disc, or any

19  other format or medium. Each episode in a series of

20  radio programming produced for radio broadcast shall

21  constitute a separate "radio programming"

22  notwithstanding that the series relates to the same

23  principal subject and is produced during one or more

24  tax periods.

25                   (i) In the case of advertising revenue from

26  broadcasting, the customer is the advertiser and
    SB2394 Enrolled  - 641 - LRB104 09208 AMC 19265 b

1   the service is received in this State if the

2   commercial domicile of the advertiser is in this

3   State.

4                    (ii) In the case where film or radio

5   programming is broadcast by a station, a network,

6   or a cable system for a fee or other remuneration

7   received from the recipient of the broadcast, the

8   portion of the service that is received in this

9   State is measured by the portion of the recipients

10  of the broadcast located in this State.

11  Accordingly, the fee or other remuneration for

12  such service that is included in the Illinois

13  numerator of the sales factor is the total of

14  those fees or other remuneration received from

15  recipients in Illinois. For purposes of this

16  paragraph, a taxpayer may determine the location

17  of the recipients of its broadcast using the

18  address of the recipient shown in its contracts

19  with the recipient or using the billing address of

20  the recipient in the taxpayer's records.

21                   (iii) In the case where film or radio

22  programming is broadcast by a station, a network,

23  or a cable system for a fee or other remuneration

24  from the person providing the programming, the

25  portion of the broadcast service that is received

26  by such station, network, or cable system in this
    SB2394 Enrolled  - 642 - LRB104 09208 AMC 19265 b

1   State is measured by the portion of recipients of

2   the broadcast located in this State. Accordingly,

3   the amount of revenue related to such an

4   arrangement that is included in the Illinois

5   numerator of the sales factor is the total fee or

6   other total remuneration from the person providing

7   the programming related to that broadcast

8   multiplied by the Illinois audience factor for

9   that broadcast.

10                   (iv) In the case where film or radio

11  programming is provided by a taxpayer that is a

12  network or station to a customer for broadcast in

13  exchange for a fee or other remuneration from that

14  customer the broadcasting service is received at

15  the location of the office of the customer from

16  which the services were ordered in the regular

17  course of the customer's trade or business.

18  Accordingly, in such a case the revenue derived by

19  the taxpayer that is included in the taxpayer's

20  Illinois numerator of the sales factor is the

21  revenue from such customers who receive the

22  broadcasting service in Illinois.

23                   (v) In the case where film or radio

24  programming is provided by a taxpayer that is not

25  a network or station to another person for

26  broadcasting in exchange for a fee or other
    SB2394 Enrolled         - 643 - LRB104 09208 AMC 19265 b

1   remuneration from that person, the broadcasting

2   service is received at the location of the office

3   of the customer from which the services were

4   ordered in the regular course of the customer's

5   trade or business. Accordingly, in such a case the

6   revenue derived by the taxpayer that is included

7   in the taxpayer's Illinois numerator of the sales

8   factor is the revenue from such customers who

9   receive the broadcasting service in Illinois.

10  (B-8) Gross receipts from winnings under the Illinois

11  Lottery Law from the assignment of a prize under Section

12  13.1 of the Illinois Lottery Law are received in this

13  State. This paragraph (B-8) applies only to taxable years

14  ending on or after December 31, 2013.

15  (B-9) For taxable years ending on or after December

16  31, 2019, gross receipts from winnings from pari-mutuel

17  wagering conducted at a wagering facility licensed under

18  the Illinois Horse Racing Act of 1975 or from winnings

19  from gambling games conducted on a riverboat or in a

20  casino or organization gaming facility licensed under the

21  Illinois Gambling Act are in this State.

22  (B-10) For taxable years ending on or after December

23  31, 2021, gross receipts from winnings from sports

24  wagering conducted in accordance with the Sports Wagering

25  Act are in this State.

26  (C) For taxable years ending before December 31, 2008,
    SB2394 Enrolled  - 644 - LRB104 09208 AMC 19265 b

1   sales, other than sales governed by paragraphs (B), (B-1),

2   (B-2), and (B-8) are in this State if:

3   (i) The income-producing activity is performed in

4   this State; or

5   (ii) The income-producing activity is performed

6   both within and without this State and a greater

7   proportion of the income-producing activity is

8   performed within this State than without this State,

9   based on performance costs.

10  (C-5) For taxable years ending on or after December

11  31, 2008, sales, other than sales governed by paragraphs

12  (B), (B-1), (B-2), (B-5), and (B-7), are in this State if

13  any of the following criteria are met:

14  (i) Sales from the sale or lease of real property

15  are in this State if the property is located in this

16  State.

17  (ii) Sales from the lease or rental of tangible

18  personal property are in this State if the property is

19  located in this State during the rental period. Sales

20  from the lease or rental of tangible personal property

21  that is characteristically moving property, including,

22  but not limited to, motor vehicles, rolling stock,

23  aircraft, vessels, or mobile equipment are in this

24  State to the extent that the property is used in this

25  State.

26  (iii) In the case of interest, net gains (but not
    SB2394 Enrolled  - 645 - LRB104 09208 AMC 19265 b

1   less than zero) and other items of income from

2   intangible personal property, the sale is in this

3   State if:

4                    (a) in the case of a taxpayer who is a dealer

5   in the item of intangible personal property within

6   the meaning of Section 475 of the Internal Revenue

7   Code, the income or gain is received from a

8   customer in this State. For purposes of this

9   subparagraph, a customer is in this State if the

10  customer is an individual, trust or estate who is

11  a resident of this State and, for all other

12  customers, if the customer's commercial domicile

13  is in this State. Unless the dealer has actual

14  knowledge of the residence or commercial domicile

15  of a customer during a taxable year, the customer

16  shall be deemed to be a customer in this State if

17  the billing address of the customer, as shown in

18  the records of the dealer, is in this State; or

19                   (b) in all other cases, if the

20  income-producing activity of the taxpayer is

21  performed in this State or, if the

22  income-producing activity of the taxpayer is

23  performed both within and without this State, if a

24  greater proportion of the income-producing

25  activity of the taxpayer is performed within this

26  State than in any other state, based on
    SB2394 Enrolled  - 646 - LRB104 09208 AMC 19265 b

1   performance costs.

2   (iv) Sales of services are in this State if the

3   services are received in this State. For the purposes

4   of this section, gross receipts from the performance

5   of services provided to a corporation, partnership, or

6   trust may only be attributed to a state where that

7   corporation, partnership, or trust has a fixed place

8   of business. If the state where the services are

9   received is not readily determinable or is a state

10  where the corporation, partnership, or trust receiving

11  the service does not have a fixed place of business,

12  the services shall be deemed to be received at the

13  location of the office of the customer from which the

14  services were ordered in the regular course of the

15  customer's trade or business. If the ordering office

16  cannot be determined, the services shall be deemed to

17  be received at the office of the customer to which the

18  services are billed. If the taxpayer is not taxable in

19  the state in which the services are received, the sale

20  must be excluded from both the numerator and the

21  denominator of the sales factor. The Department shall

22  adopt rules prescribing where specific types of

23  service are received, including, but not limited to,

24  publishing, and utility service.

25  (D) For taxable years ending on or after December 31,

26  1995, the following items of income shall not be included
    SB2394 Enrolled     - 647 - LRB104 09208 AMC 19265 b

1   in the numerator or denominator of the sales factor:

2   dividends; amounts included under Section 78 of the

3   Internal Revenue Code; and Subpart F income as defined in

4   Section 952 of the Internal Revenue Code. No inference

5   shall be drawn from the enactment of this paragraph (D) in

6   construing this Section for taxable years ending before

7   December 31, 1995.

8   (E) Paragraphs (B-1) and (B-2) shall apply to tax

9   years ending on or after December 31, 1999, provided that

10  a taxpayer may elect to apply the provisions of these

11  paragraphs to prior tax years. Such election shall be made

12  in the form and manner prescribed by the Department, shall

13  be irrevocable, and shall apply to all tax years; provided

14  that, if a taxpayer's Illinois income tax liability for

15  any tax year, as assessed under Section 903 prior to

16  January 1, 1999, was computed in a manner contrary to the

17  provisions of paragraphs (B-1) or (B-2), no refund shall

18  be payable to the taxpayer for that tax year to the extent

19  such refund is the result of applying the provisions of

20  paragraph (B-1) or (B-2) retroactively. In the case of a

21  unitary business group, such election shall apply to all

22  members of such group for every tax year such group is in

23  existence, but shall not apply to any taxpayer for any

24  period during which that taxpayer is not a member of such

25  group.

26  (b) Insurance companies.
    SB2394 Enrolled  - 648 - LRB104 09208 AMC 19265 b

1   (1) In general. Except as otherwise provided by

2   paragraph (2), business income of an insurance company for

3   a taxable year shall be apportioned to this State by

4   multiplying such income by a fraction, the numerator of

5   which is the direct premiums written for insurance upon

6   property or risk in this State, and the denominator of

7   which is the direct premiums written for insurance upon

8   property or risk everywhere. For purposes of this

9   subsection, the term "direct premiums written" means the

10  total amount of direct premiums written, assessments and

11  annuity considerations as reported for the taxable year on

12  the annual statement filed by the company with the

13  Illinois Director of Insurance in the form approved by the

14  National Convention of Insurance Commissioners or such

15  other form as may be prescribed in lieu thereof.

16  (2) Reinsurance. If the principal source of premiums

17  written by an insurance company consists of premiums for

18  reinsurance accepted by it, the business income of such

19  company shall be apportioned to this State by multiplying

20  such income by a fraction, the numerator of which is the

21  sum of (i) direct premiums written for insurance upon

22  property or risk in this State, plus (ii) premiums written

23  for reinsurance accepted in respect of property or risk in

24  this State, and the denominator of which is the sum of

25  (iii) direct premiums written for insurance upon property

26  or risk everywhere, plus (iv) premiums written for
    SB2394 Enrolled         - 649 - LRB104 09208 AMC 19265 b

1   reinsurance accepted in respect of property or risk

2   everywhere. For purposes of this paragraph, premiums

3   written for reinsurance accepted in respect of property or

4   risk in this State, whether or not otherwise determinable,

5   may, at the election of the company, be determined on the

6   basis of the proportion which premiums written for

7   reinsurance accepted from companies commercially domiciled

8   in Illinois bears to premiums written for reinsurance

9   accepted from all sources, or, alternatively, in the

10  proportion which the sum of the direct premiums written

11  for insurance upon property or risk in this State by each

12  ceding company from which reinsurance is accepted bears to

13  the sum of the total direct premiums written by each such

14  ceding company for the taxable year. The election made by

15  a company under this paragraph for its first taxable year

16  ending on or after December 31, 2011, shall be binding for

17  that company for that taxable year and for all subsequent

18  taxable years, and may be altered only with the written

19  permission of the Department, which shall not be

20  unreasonably withheld.

21  (c) Financial organizations.

22  (1) In general. For taxable years ending before

23  December 31, 2008, business income of a financial

24  organization shall be apportioned to this State by

25  multiplying such income by a fraction, the numerator of

26  which is its business income from sources within this
    SB2394 Enrolled  - 650 - LRB104 09208 AMC 19265 b

1   State, and the denominator of which is its business income

2   from all sources. For the purposes of this subsection, the

3   business income of a financial organization from sources

4   within this State is the sum of the amounts referred to in

5   subparagraphs (A) through (E) following, but excluding the

6   adjusted income of an international banking facility as

7   determined in paragraph (2):

8   (A) Fees, commissions or other compensation for

9   financial services rendered within this State;

10  (B) Gross profits from trading in stocks, bonds or

11  other securities managed within this State;

12  (C) Dividends, and interest from Illinois

13  customers, which are received within this State;

14  (D) Interest charged to customers at places of

15  business maintained within this State for carrying

16  debit balances of margin accounts, without deduction

17  of any costs incurred in carrying such accounts; and

18  (E) Any other gross income resulting from the

19  operation as a financial organization within this

20  State.

21  In computing the amounts referred to in paragraphs (A)

22  through (E) of this subsection, any amount received by a

23  member of an affiliated group (determined under Section

24  1504(a) of the Internal Revenue Code but without reference

25  to whether any such corporation is an "includible

26  corporation" under Section 1504(b) of the Internal Revenue
    SB2394 Enrolled  - 651 - LRB104 09208 AMC 19265 b

1   Code) from another member of such group shall be included

2   only to the extent such amount exceeds expenses of the

3   recipient directly related thereto.

4   (2) International Banking Facility. For taxable years

5   ending before December 31, 2008:

6   (A) Adjusted Income. The adjusted income of an

7   international banking facility is its income reduced

8   by the amount of the floor amount.

9   (B) Floor Amount. The floor amount shall be the

10  amount, if any, determined by multiplying the income

11  of the international banking facility by a fraction,

12  not greater than one, which is determined as follows:

13                   (i) The numerator shall be:

14                   The average aggregate, determined on a

15  quarterly basis, of the financial organization's

16  loans to banks in foreign countries, to foreign

17  domiciled borrowers (except where secured

18  primarily by real estate) and to foreign

19  governments and other foreign official

20  institutions, as reported for its branches,

21  agencies and offices within the state on its

22  "Consolidated Report of Condition", Schedule A,

23  Lines 2.c., 5.b., and 7.a., which was filed with

24  the Federal Deposit Insurance Corporation and

25  other regulatory authorities, for the year 1980,

26  minus
    SB2394 Enrolled  - 652 - LRB104 09208 AMC 19265 b

1                    The average aggregate, determined on a

2   quarterly basis, of such loans (other than loans

3   of an international banking facility), as reported

4   by the financial institution for its branches,

5   agencies and offices within the state, on the

6   corresponding Schedule and lines of the

7   Consolidated Report of Condition for the current

8   taxable year, provided, however, that in no case

9   shall the amount determined in this clause (the

10  subtrahend) exceed the amount determined in the

11  preceding clause (the minuend); and

12                   (ii) the denominator shall be the average

13  aggregate, determined on a quarterly basis, of the

14  international banking facility's loans to banks in

15  foreign countries, to foreign domiciled borrowers

16  (except where secured primarily by real estate)

17  and to foreign governments and other foreign

18  official institutions, which were recorded in its

19  financial accounts for the current taxable year.

20  (C) Change to Consolidated Report of Condition and

21  in Qualification. In the event the Consolidated Report

22  of Condition which is filed with the Federal Deposit

23  Insurance Corporation and other regulatory authorities

24  is altered so that the information required for

25  determining the floor amount is not found on Schedule

26  A, lines 2.c., 5.b. and 7.a., the financial
    SB2394 Enrolled  - 653 - LRB104 09208 AMC 19265 b

1   institution shall notify the Department and the

2   Department may, by regulations or otherwise, prescribe

3   or authorize the use of an alternative source for such

4   information. The financial institution shall also

5   notify the Department should its international banking

6   facility fail to qualify as such, in whole or in part,

7   or should there be any amendment or change to the

8   Consolidated Report of Condition, as originally filed,

9   to the extent such amendment or change alters the

10  information used in determining the floor amount.

11  (3) For taxable years ending on or after December 31,

12  2008, the business income of a financial organization

13  shall be apportioned to this State by multiplying such

14  income by a fraction, the numerator of which is its gross

15  receipts from sources in this State or otherwise

16  attributable to this State's marketplace and the

17  denominator of which is its gross receipts everywhere

18  during the taxable year. "Gross receipts" for purposes of

19  this subparagraph (3) means gross income, including net

20  taxable gain on disposition of assets, including

21  securities and money market instruments, when derived from

22  transactions and activities in the regular course of the

23  financial organization's trade or business. The following

24  examples are illustrative:

25  (i) Receipts from the lease or rental of real or

26  tangible personal property are in this State if the
    SB2394 Enrolled  - 654 - LRB104 09208 AMC 19265 b

1   property is located in this State during the rental

2   period. Receipts from the lease or rental of tangible

3   personal property that is characteristically moving

4   property, including, but not limited to, motor

5   vehicles, rolling stock, aircraft, vessels, or mobile

6   equipment are from sources in this State to the extent

7   that the property is used in this State.

8   (ii) Interest income, commissions, fees, gains on

9   disposition, and other receipts from assets in the

10  nature of loans that are secured primarily by real

11  estate or tangible personal property are from sources

12  in this State if the security is located in this State.

13  (iii) Interest income, commissions, fees, gains on

14  disposition, and other receipts from consumer loans

15  that are not secured by real or tangible personal

16  property are from sources in this State if the debtor

17  is a resident of this State.

18  (iv) Interest income, commissions, fees, gains on

19  disposition, and other receipts from commercial loans

20  and installment obligations that are not secured by

21  real or tangible personal property are from sources in

22  this State if the proceeds of the loan are to be

23  applied in this State. If it cannot be determined

24  where the funds are to be applied, the income and

25  receipts are from sources in this State if the office

26  of the borrower from which the loan was negotiated in
    SB2394 Enrolled  - 655 - LRB104 09208 AMC 19265 b

1   the regular course of business is located in this

2   State. If the location of this office cannot be

3   determined, the income and receipts shall be excluded

4   from the numerator and denominator of the sales

5   factor.

6   (v) Interest income, fees, gains on disposition,

7   service charges, merchant discount income, and other

8   receipts from credit card receivables are from sources

9   in this State if the card charges are regularly billed

10  to a customer in this State.

11  (vi) Receipts from the performance of services,

12  including, but not limited to, fiduciary, advisory,

13  and brokerage services, are in this State if the

14  services are received in this State within the meaning

15  of subparagraph (a)(3)(C-5)(iv) of this Section.

16  (vii) Receipts from the issuance of travelers

17  checks and money orders are from sources in this State

18  if the checks and money orders are issued from a

19  location within this State.

20  (viii) For tax years ending before December 31,

21  2024, receipts from investment assets and activities

22  and trading assets and activities are included in the

23  receipts factor as follows:

24                   (1) Interest, dividends, net gains (but not

25  less than zero) and other income from investment

26  assets and activities from trading assets and
    SB2394 Enrolled  - 656 - LRB104 09208 AMC 19265 b

1   activities shall be included in the receipts

2   factor. Investment assets and activities and

3   trading assets and activities include, but are not

4   limited to: investment securities; trading account

5   assets; federal funds; securities purchased and

6   sold under agreements to resell or repurchase;

7   options; futures contracts; forward contracts;

8   notional principal contracts such as swaps;

9   equities; and foreign currency transactions. With

10  respect to the investment and trading assets and

11  activities described in subparagraphs (A) and (B)

12  of this paragraph, the receipts factor shall

13  include the amounts described in such

14  subparagraphs.

15                   (A) The receipts factor shall include the

16                   amount by which interest from federal funds

17                   sold and securities purchased under resale

18                   agreements exceeds interest expense on federal

19                   funds purchased and securities sold under

20                   repurchase agreements.

21                   (B) The receipts factor shall include the

22                   amount by which interest, dividends, gains and

23                   other income from trading assets and

24                   activities, including, but not limited to,

25                   assets and activities in the matched book, in

26                   the arbitrage book, and foreign currency
    SB2394 Enrolled  - 657 - LRB104 09208 AMC 19265 b

1                    transactions, exceed amounts paid in lieu of

2                    interest, amounts paid in lieu of dividends,

3                    and losses from such assets and activities.

4                    (2) The numerator of the receipts factor

5   includes interest, dividends, net gains (but not

6   less than zero), and other income from investment

7   assets and activities and from trading assets and

8   activities described in paragraph (1) of this

9   subsection that are attributable to this State.

10                   (A) The amount of interest, dividends, net

11                   gains (but not less than zero), and other

12                   income from investment assets and activities

13                   in the investment account to be attributed to

14                   this State and included in the numerator is

15                   determined by multiplying all such income from

16                   such assets and activities by a fraction, the

17                   numerator of which is the gross income from

18                   such assets and activities which are properly

19                   assigned to a fixed place of business of the

20                   taxpayer within this State and the denominator

21                   of which is the gross income from all such

22                   assets and activities.

23                   (B) The amount of interest from federal

24                   funds sold and purchased and from securities

25                   purchased under resale agreements and

26                   securities sold under repurchase agreements
    SB2394 Enrolled  - 658 - LRB104 09208 AMC 19265 b

1                    attributable to this State and included in the

2                    numerator is determined by multiplying the

3                    amount described in subparagraph (A) of

4                    paragraph (1) of this subsection from such

5                    funds and such securities by a fraction, the

6                    numerator of which is the gross income from

7                    such funds and such securities which are

8                    properly assigned to a fixed place of business

9                    of the taxpayer within this State and the

10                   denominator of which is the gross income from

11                   all such funds and such securities.

12                   (C) The amount of interest, dividends,

13                   gains, and other income from trading assets

14                   and activities, including, but not limited to,

15                   assets and activities in the matched book, in

16                   the arbitrage book and foreign currency

17                   transactions (but excluding amounts described

18                   in subparagraphs (A) or (B) of this

19                   paragraph), attributable to this State and

20                   included in the numerator is determined by

21                   multiplying the amount described in

22                   subparagraph (B) of paragraph (1) of this

23                   subsection by a fraction, the numerator of

24                   which is the gross income from such trading

25                   assets and activities which are properly

26                   assigned to a fixed place of business of the
    SB2394 Enrolled  - 659 - LRB104 09208 AMC 19265 b

1                    taxpayer within this State and the denominator

2                    of which is the gross income from all such

3                    assets and activities.

4                    (D) Properly assigned, for purposes of

5                    this paragraph (2) of this subsection, means

6                    the investment or trading asset or activity is

7                    assigned to the fixed place of business with

8                    which it has a preponderance of substantive

9                    contacts. An investment or trading asset or

10                   activity assigned by the taxpayer to a fixed

11                   place of business without the State shall be

12                   presumed to have been properly assigned if:

13                   (i) the taxpayer has assigned, in the

14                   regular course of its business, such asset

15                   or activity on its records to a fixed

16                   place of business consistent with federal

17                   or state regulatory requirements;

18                   (ii) such assignment on its records is

19                   based upon substantive contacts of the

20                   asset or activity to such fixed place of

21                   business; and

22                   (iii) the taxpayer uses such records

23                   reflecting assignment of such assets or

24                   activities for the filing of all state and

25                   local tax returns for which an assignment

26                   of such assets or activities to a fixed
    SB2394 Enrolled  - 660 - LRB104 09208 AMC 19265 b

1                    place of business is required.

2                    (E) The presumption of proper assignment

3                    of an investment or trading asset or activity

4                    provided in subparagraph (D) of paragraph (2)

5                    of this subsection may be rebutted upon a

6                    showing by the Department, supported by a

7                    preponderance of the evidence, that the

8                    preponderance of substantive contacts

9                    regarding such asset or activity did not occur

10                   at the fixed place of business to which it was

11                   assigned on the taxpayer's records. If the

12                   fixed place of business that has a

13                   preponderance of substantive contacts cannot

14                   be determined for an investment or trading

15                   asset or activity to which the presumption in

16                   subparagraph (D) of paragraph (2) of this

17                   subsection does not apply or with respect to

18                   which that presumption has been rebutted, that

19                   asset or activity is properly assigned to the

20                   state in which the taxpayer's commercial

21                   domicile is located. For purposes of this

22                   subparagraph (E), it shall be presumed,

23                   subject to rebuttal, that taxpayer's

24                   commercial domicile is in the state of the

25                   United States or the District of Columbia to

26                   which the greatest number of employees are
    SB2394 Enrolled  - 661 - LRB104 09208 AMC 19265 b

1                    regularly connected with the management of the

2                    investment or trading income or out of which

3                    they are working, irrespective of where the

4                    services of such employees are performed, as

5                    of the last day of the taxable year.

6   (ix) For tax years ending on or after December 31,

7   2024, receipts from investment assets and activities

8   and trading assets and activities are included in the

9   receipts factor as follows:

10                   (1) Interest, dividends, net gains (but not

11  less than zero), and other income from investment

12  assets and activities from trading assets and

13  activities shall be included in the receipts

14  factor. Investment assets and activities and

15  trading assets and activities include, but are not

16  limited to the following: investment securities;

17  trading account assets; federal funds; securities

18  purchased and sold under agreements to resell or

19  repurchase; options; futures contracts; forward

20  contracts; notional principal contracts, such as

21  swaps; equities; and foreign currency

22  transactions. With respect to the investment and

23  trading assets and activities described in

24  subparagraphs (A) and (B) of this paragraph, the

25  receipts factor shall include the amounts

26  described in those subparagraphs.
    SB2394 Enrolled  - 662 - LRB104 09208 AMC 19265 b

1                    (A) The receipts factor shall include the

2                    amount by which interest from federal funds

3                    sold and securities purchased under resale

4                    agreements exceeds interest expense on federal

5                    funds purchased and securities sold under

6                    repurchase agreements.

7                    (B) The receipts factor shall include the

8                    amount by which interest, dividends, gains and

9                    other income from trading assets and

10                   activities, including, but not limited to,

11                   assets and activities in the matched book, in

12                   the arbitrage book, and foreign currency

13                   transactions, exceed amounts paid in lieu of

14                   interest, amounts paid in lieu of dividends,

15                   and losses from such assets and activities.

16                   (2) The numerator of the receipts factor

17  includes interest, dividends, net gains (but not

18  less than zero), and other income from investment

19  assets and activities and from trading assets and

20  activities described in paragraph (1) of this

21  subsection that are attributable to this State.

22                   (A) The amount of interest, dividends, net

23                   gains (but not less than zero), and other

24                   income from investment assets and activities

25                   in the investment account to be attributed to

26                   this State and included in the numerator is
    SB2394 Enrolled  - 663 - LRB104 09208 AMC 19265 b

1                    determined by multiplying all of the income

2                    from those assets and activities by a

3                    fraction, the numerator of which is the total

4                    receipts included in the numerator pursuant to

5                    items (i) through (vii) of this subparagraph

6                    (3) and the denominator of which is all total

7                    receipts included in the denominator, other

8                    than interest, dividends, net gains (but not

9                    less than zero), and other income from

10                   investment assets and activities and trading

11                   assets and activities.

12                   (B) The amount of interest from federal

13                   funds sold and purchased and from securities

14                   purchased under resale agreements and

15                   securities sold under repurchase agreements

16                   attributable to this State and included in the

17                   numerator is determined by multiplying the

18                   amount described in subparagraph (A) of

19                   paragraph (1) of this subsection from such

20                   funds and such securities by a fraction, the

21                   numerator of which is the total receipts

22                   included in the numerator pursuant to items

23                   (i) through (vii) of this subparagraph (3) and

24                   the denominator of which is all total receipts

25                   included in the denominator, other than

26                   interest, dividends, net gains (but not less
    SB2394 Enrolled               - 664 - LRB104 09208 AMC 19265 b

1                    than zero), and other income from investment

2                    assets and activities and trading assets and

3                    activities.

4                    (C) The amount of interest, dividends,

5                    gains, and other income from trading assets

6                    and activities, including, but not limited to,

7                    assets and activities in the matched book, in

8                    the arbitrage book and foreign currency

9                    transactions (but excluding amounts described

10                   in subparagraphs (A) or (B) of this

11                   paragraph), attributable to this State and

12                   included in the numerator is determined by

13                   multiplying the amount described in

14                   subparagraph (B) of paragraph (1) of this

15                   subsection by a fraction, the numerator of

16                   which is the total receipts included in the

17                   numerator pursuant to items (i) through (vii)

18                   of this subparagraph (3) and the denominator

19                   of which is all total receipts included in the

20                   denominator, other than interest, dividends,

21                   net gains (but not less than zero), and other

22                   income from investment assets and activities

23                   and trading assets and activities.

24  (4) (Blank).

25  (5) (Blank).

26  (c-1) Federally regulated exchanges. For taxable years
    SB2394 Enrolled         - 665 - LRB104 09208 AMC 19265 b

1 ending on or after December 31, 2012, business income of a

2 federally regulated exchange shall, at the option of the

3 federally regulated exchange, be apportioned to this State by

4 multiplying such income by a fraction, the numerator of which

5 is its business income from sources within this State, and the

6 denominator of which is its business income from all sources.

7 For purposes of this subsection, the business income within

8 this State of a federally regulated exchange is the sum of the

9 following:

10  (1) Receipts attributable to transactions executed on

11  a physical trading floor if that physical trading floor is

12  located in this State.

13  (2) Receipts attributable to all other matching,

14  execution, or clearing transactions, including without

15  limitation receipts from the provision of matching,

16  execution, or clearing services to another entity,

17  multiplied by (i) for taxable years ending on or after

18  December 31, 2012 but before December 31, 2013, 63.77%;

19  and (ii) for taxable years ending on or after December 31,

20  2013, 27.54%.

21  (3) All other receipts not governed by subparagraphs

22  (1) or (2) of this subsection (c-1), to the extent the

23  receipts would be characterized as "sales in this State"

24  under item (3) of subsection (a) of this Section.

25  "Federally regulated exchange" means (i) a "registered

26 entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
    SB2394 Enrolled          - 666 - LRB104 09208 AMC 19265 b

1 or (C), (ii) an "exchange" or "clearing agency" within the

2 meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such

3 entities regulated under any successor regulatory structure to

4 the foregoing, and (iv) all taxpayers who are members of the

5 same unitary business group as a federally regulated exchange,

6 determined without regard to the prohibition in Section

7 1501(a)(27) of this Act against including in a unitary

8 business group taxpayers who are ordinarily required to

9 apportion business income under different subsections of this

10 Section; provided that this subparagraph (iv) shall apply only

11 if 50% or more of the business receipts of the unitary business

12 group determined by application of this subparagraph (iv) for

13 the taxable year are attributable to the matching, execution,

14 or clearing of transactions conducted by an entity described

15 in subparagraph (i), (ii), or (iii) of this paragraph.

16  In no event shall the Illinois apportionment percentage

17 computed in accordance with this subsection (c-1) for any

18 taxpayer for any tax year be less than the Illinois

19 apportionment percentage computed under this subsection (c-1)

20 for that taxpayer for the first full tax year ending on or

21 after December 31, 2013 for which this subsection (c-1)

22 applied to the taxpayer.

23  (d) Transportation services. For taxable years ending

24 before December 31, 2008, business income derived from

25 furnishing transportation services shall be apportioned to

26 this State in accordance with paragraphs (1) and (2):
    SB2394 Enrolled  - 667 - LRB104 09208 AMC 19265 b

1   (1) Such business income (other than that derived from

2   transportation by pipeline) shall be apportioned to this

3   State by multiplying such income by a fraction, the

4   numerator of which is the revenue miles of the person in

5   this State, and the denominator of which is the revenue

6   miles of the person everywhere. For purposes of this

7   paragraph, a revenue mile is the transportation of 1

8   passenger or 1 net ton of freight the distance of 1 mile

9   for a consideration. Where a person is engaged in the

10  transportation of both passengers and freight, the

11  fraction above referred to shall be determined by means of

12  an average of the passenger revenue mile fraction and the

13  freight revenue mile fraction, weighted to reflect the

14  person's

15  (A) relative railway operating income from total

16  passenger and total freight service, as reported to

17  the Interstate Commerce Commission, in the case of

18  transportation by railroad, and

19  (B) relative gross receipts from passenger and

20  freight transportation, in case of transportation

21  other than by railroad.

22  (2) Such business income derived from transportation

23  by pipeline shall be apportioned to this State by

24  multiplying such income by a fraction, the numerator of

25  which is the revenue miles of the person in this State, and

26  the denominator of which is the revenue miles of the
    SB2394 Enrolled       - 668 - LRB104 09208 AMC 19265 b

1   person everywhere. For the purposes of this paragraph, a

2   revenue mile is the transportation by pipeline of 1 barrel

3   of oil, 1,000 cubic feet of gas, or of any specified

4   quantity of any other substance, the distance of 1 mile

5   for a consideration.

6   (3) For taxable years ending on or after December 31,

7   2008, business income derived from providing

8   transportation services other than airline services shall

9   be apportioned to this State by using a fraction, (a) the

10  numerator of which shall be (i) all receipts from any

11  movement or shipment of people, goods, mail, oil, gas, or

12  any other substance (other than by airline) that both

13  originates and terminates in this State, plus (ii) that

14  portion of the person's gross receipts from movements or

15  shipments of people, goods, mail, oil, gas, or any other

16  substance (other than by airline) that originates in one

17  state or jurisdiction and terminates in another state or

18  jurisdiction, that is determined by the ratio that the

19  miles traveled in this State bears to total miles

20  everywhere and (b) the denominator of which shall be all

21  revenue derived from the movement or shipment of people,

22  goods, mail, oil, gas, or any other substance (other than

23  by airline). Where a taxpayer is engaged in the

24  transportation of both passengers and freight, the

25  fraction above referred to shall first be determined

26  separately for passenger miles and freight miles. Then an
    SB2394 Enrolled  - 669 - LRB104 09208 AMC 19265 b

1   average of the passenger miles fraction and the freight

2   miles fraction shall be weighted to reflect the

3   taxpayer's:

4   (A) relative railway operating income from total

5   passenger and total freight service, as reported to

6   the Surface Transportation Board, in the case of

7   transportation by railroad; and

8   (B) relative gross receipts from passenger and

9   freight transportation, in case of transportation

10  other than by railroad.

11  (4) For taxable years ending on or after December 31,

12  2008, business income derived from furnishing airline

13  transportation services shall be apportioned to this State

14  by multiplying such income by a fraction, the numerator of

15  which is the revenue miles of the person in this State, and

16  the denominator of which is the revenue miles of the

17  person everywhere. For purposes of this paragraph, a

18  revenue mile is the transportation of one passenger or one

19  net ton of freight the distance of one mile for a

20  consideration. If a person is engaged in the

21  transportation of both passengers and freight, the

22  fraction above referred to shall be determined by means of

23  an average of the passenger revenue mile fraction and the

24  freight revenue mile fraction, weighted to reflect the

25  person's relative gross receipts from passenger and

26  freight airline transportation.
    SB2394 Enrolled   - 670 - LRB104 09208 AMC 19265 b

1   (e) Combined apportionment. Where 2 or more persons are

2 engaged in a unitary business as described in subsection

3 (a)(27) of Section 1501, a part of which is conducted in this

4 State by one or more members of the group, the business income

5 attributable to this State by any such member or members shall

6 be apportioned by means of the combined apportionment method.

7   (f) Alternative allocation. If the allocation and

8 apportionment provisions of subsections (a) through (e) and of

9 subsection (h) do not, for taxable years ending before

10 December 31, 2008, fairly represent the extent of a person's

11 business activity in this State, or, for taxable years ending

12 on or after December 31, 2008, fairly represent the market for

13 the person's goods, services, or other sources of business

14 income, the person may petition for, or the Director may,

15 without a petition, permit or require, in respect of all or any

16 part of the person's business activity, if reasonable:

17  (1) Separate accounting;

18  (2) The exclusion of any one or more factors;

19  (3) The inclusion of one or more additional factors

20  which will fairly represent the person's business

21  activities or market in this State; or

22  (4) The employment of any other method to effectuate

23  an equitable allocation and apportionment of the person's

24  business income.

25  (g) Cross-reference Cross reference. For allocation of

26 business income by residents, see Section 301(a).
    SB2394 Enrolled          - 671 - LRB104 09208 AMC 19265 b

1   (h) For tax years ending on or after December 31, 1998, the

2 apportionment factor of persons who apportion their business

3 income to this State under subsection (a) shall be equal to:

4   (1) for tax years ending on or after December 31, 1998

5   and before December 31, 1999, 16 2/3% of the property

6   factor plus 16 2/3% of the payroll factor plus 66 2/3% of

7   the sales factor;

8   (2) for tax years ending on or after December 31, 1999

9   and before December 31, 2000, 8 1/3% of the property

10  factor plus 8 1/3% of the payroll factor plus 83 1/3% of

11  the sales factor;

12  (3) for tax years ending on or after December 31,

13  2000, the sales factor.

14 If, in any tax year ending on or after December 31, 1998 and

15 before December 31, 2000, the denominator of the payroll,

16 property, or sales factor is zero, the apportionment factor

17 computed in paragraph (1) or (2) of this subsection for that

18 year shall be divided by an amount equal to 100% minus the

19 percentage weight given to each factor whose denominator is

20 equal to zero.

21 (Source: P.A. 102-40, eff. 6-25-21; 102-558, eff. 8-20-21;

22 103-592, eff. 6-7-24; revised 10-16-24.)

23  (35 ILCS 5/704A)

24  Sec. 704A. Employer's return and payment of tax withheld.

25  (a) In general, every employer who deducts and withholds
    SB2394 Enrolled          - 672 - LRB104 09208 AMC 19265 b

1 or is required to deduct and withhold tax under this Act on or

2 after January 1, 2008 shall make those payments and returns as

3 provided in this Section.

4   (b) Returns. Every employer shall, in the form and manner

5 required by the Department, make returns with respect to taxes

6 withheld or required to be withheld under this Article 7 for

7 each quarter beginning on or after January 1, 2008, on or

8 before the last day of the first month following the close of

9 that quarter.

10  (c) Payments. With respect to amounts withheld or required

11 to be withheld on or after January 1, 2008:

12  (1) Semi-weekly payments. For each calendar year, each

13  employer who withheld or was required to withhold more

14  than $12,000 during the one-year period ending on June 30

15  of the immediately preceding calendar year, payment must

16  be made:

17            (A) on or before each Friday of the calendar year,

18  for taxes withheld or required to be withheld on the

19  immediately preceding Saturday, Sunday, Monday, or

20  Tuesday;

21            (B) on or before each Wednesday of the calendar

22  year, for taxes withheld or required to be withheld on

23  the immediately preceding Wednesday, Thursday, or

24  Friday.

25  Beginning with calendar year 2011, payments made under

26  this paragraph (1) of subsection (c) must be made by
    SB2394 Enrolled  - 673 - LRB104 09208 AMC 19265 b

1   electronic funds transfer.

2   (2) Semi-weekly payments. Any employer who withholds

3   or is required to withhold more than $12,000 in any

4   quarter of a calendar year is required to make payments on

5   the dates set forth under item (1) of this subsection (c)

6   for each remaining quarter of that calendar year and for

7   the subsequent calendar year.

8   (3) Monthly payments. Each employer, other than an

9   employer described in items (1) or (2) of this subsection,

10  shall pay to the Department, on or before the 15th day of

11  each month the taxes withheld or required to be withheld

12  during the immediately preceding month.

13  (4) Payments with returns. Each employer shall pay to

14  the Department, on or before the due date for each return

15  required to be filed under this Section, any tax withheld

16  or required to be withheld during the period for which the

17  return is due and not previously paid to the Department.

18  (d) Regulatory authority. The Department may, by rule:

19  (1) Permit employers, in lieu of the requirements of

20  subsections (b) and (c), to file annual returns due on or

21  before January 31 of the year for taxes withheld or

22  required to be withheld during the previous calendar year

23  and, if the aggregate amounts required to be withheld by

24  the employer under this Article 7 (other than amounts

25  required to be withheld under Section 709.5) do not exceed

26  $1,000 for the previous calendar year, to pay the taxes
    SB2394 Enrolled  - 674 - LRB104 09208 AMC 19265 b

1   required to be shown on each such return no later than the

2   due date for such return.

3   (2) Provide that any payment required to be made under

4   subsection (c)(1) or (c)(2) is deemed to be timely to the

5   extent paid by electronic funds transfer on or before the

6   due date for deposit of federal income taxes withheld

7   from, or federal employment taxes due with respect to, the

8   wages from which the Illinois taxes were withheld.

9   (3) Designate one or more depositories to which

10  payment of taxes required to be withheld under this

11  Article 7 must be paid by some or all employers.

12  (4) Increase the threshold dollar amounts at which

13  employers are required to make semi-weekly payments under

14  subsection (c)(1) or (c)(2).

15  (e) Annual return and payment. Every employer who deducts

16 and withholds or is required to deduct and withhold tax from a

17 person engaged in domestic service employment, as that term is

18 defined in Section 3510 of the Internal Revenue Code, may

19 comply with the requirements of this Section with respect to

20 such employees by filing an annual return and paying the taxes

21 required to be deducted and withheld on or before the 15th day

22 of the fourth month following the close of the employer's

23 taxable year. The Department may allow the employer's return

24 to be submitted with the employer's individual income tax

25 return or to be submitted with a return due from the employer

26 under Section 1400.2 of the Unemployment Insurance Act.
    SB2394 Enrolled  - 675 - LRB104 09208 AMC 19265 b

1   (f) Magnetic media and electronic filing. With respect to

2 taxes withheld in calendar years prior to 2017, any W-2 Form

3 that, under the Internal Revenue Code and regulations

4 promulgated thereunder, is required to be submitted to the

5 Internal Revenue Service on magnetic media or electronically

6 must also be submitted to the Department on magnetic media or

7 electronically for Illinois purposes, if required by the

8 Department.

9   With respect to taxes withheld in 2017 and subsequent

10 calendar years, the Department may, by rule, require that any

11 return (including any amended return) under this Section and

12 any W-2 Form that is required to be submitted to the Department

13 must be submitted on magnetic media or electronically.

14  The due date for submitting W-2 Forms shall be as

15 prescribed by the Department by rule.

16  (g) For amounts deducted or withheld after December 31,

17 2009, a taxpayer who makes an election under subsection (f) of

18 Section 5-15 of the Economic Development for a Growing Economy

19 Tax Credit Act for a taxable year shall be allowed a credit

20 against payments due under this Section for amounts withheld

21 during the first calendar year beginning after the end of that

22 taxable year equal to the amount of the credit for the

23 incremental income tax attributable to full-time employees of

24 the taxpayer awarded to the taxpayer by the Department of

25 Commerce and Economic Opportunity under the Economic

26 Development for a Growing Economy Tax Credit Act for the
SB2394 Enrolled  - 676 - LRB104 09208 AMC 19265 b

 1 taxable year and credits not previously claimed and allowed to
 2 be carried forward under Section 211(4) of this Act as
 3 provided in subsection (f) of Section 5-15 of the Economic
 4 Development for a Growing Economy Tax Credit Act. The credit
 5 or credits may not reduce the taxpayer's obligation for any
 6 payment due under this Section to less than zero. If the amount
 7 of the credit or credits exceeds the total payments due under
 8 this Section with respect to amounts withheld during the
 9 calendar year, the excess may be carried forward and applied
10 against the taxpayer's liability under this Section in the
11 succeeding calendar years as allowed to be carried forward
12 under paragraph (4) of Section 211 of this Act. The credit or
13 credits shall be applied to the earliest year for which there
14 is a tax liability. If there are credits from more than one
15 taxable year that are available to offset a liability, the
16 earlier credit shall be applied first. Each employer who
17 deducts and withholds or is required to deduct and withhold
18 tax under this Act and who retains income tax withholdings
19 under subsection (f) of Section 5-15 of the Economic
20 Development for a Growing Economy Tax Credit Act must make a
21 return with respect to such taxes and retained amounts in the
22 form and manner that the Department, by rule, requires and pay
23 to the Department or to a depositary designated by the
24 Department those withheld taxes not retained by the taxpayer.
25 For purposes of this subsection (g), the term taxpayer shall
26 include taxpayer and members of the taxpayer's unitary
   SB2394 Enrolled  - 677 - LRB104 09208 AMC 19265 b

1 business group as defined under paragraph (27) of subsection

2 (a) of Section 1501 of this Act. This Section is exempt from

3 the provisions of Section 250 of this Act. No credit awarded

4 under the Economic Development for a Growing Economy Tax

5 Credit Act for agreements entered into on or after January 1,

6 2015 may be credited against payments due under this Section.

7  (g-1) For amounts deducted or withheld after December 31,

8 2024, a taxpayer who makes an election under the Reimagining

9 Energy and Vehicles in Illinois Act shall be allowed a credit

10 against payments due under this Section for amounts withheld

11 during the first quarterly reporting period beginning after

12 the certificate is issued equal to the portion of the REV

13 Illinois Credit attributable to the incremental income tax

14 attributable to new employees and retained employees as

15 certified by the Department of Commerce and Economic

16 Opportunity pursuant to an agreement with the taxpayer under

17 the Reimagining Energy and Vehicles in Illinois Act for the

18 taxable year. The credit or credits may not reduce the

19 taxpayer's obligation for any payment due under this Section

20 to less than zero. If the amount of the credit or credits

21 exceeds the total payments due under this Section with respect

22 to amounts withheld during the quarterly reporting period, the

23 excess may be carried forward and applied against the

24 taxpayer's liability under this Section in the succeeding

25 quarterly reporting period as allowed to be carried forward

26 under paragraph (4) of Section 211 of this Act. The credit or
    SB2394 Enrolled  - 678 - LRB104 09208 AMC 19265 b

1 credits shall be applied to the earliest quarterly reporting

2 period for which there is a tax liability. If there are credits

3 from more than one quarterly reporting period that are

4 available to offset a liability, the earlier credit shall be

5 applied first. Each employer who deducts and withholds or is

6 required to deduct and withhold tax under this Act and who

7 retains income tax withholdings this subsection must make a

8 return with respect to such taxes and retained amounts in the

9 form and manner that the Department, by rule, requires and pay

10 to the Department or to a depositary designated by the

11 Department those withheld taxes not retained by the taxpayer.

12 For purposes of this subsection (g-1), the term taxpayer shall

13 include taxpayer and members of the taxpayer's unitary

14 business group as defined under paragraph (27) of subsection

15 (a) of Section 1501 of this Act. This Section is exempt from

16 the provisions of Section 250 of this Act.

17  (g-2) For amounts deducted or withheld after December 31,

18 2024, a taxpayer who makes an election under the Manufacturing

19 Illinois Chips for Real Opportunity (MICRO) Act shall be

20 allowed a credit against payments due under this Section for

21 amounts withheld during the first quarterly reporting period

22 beginning after the certificate is issued equal to the portion

23 of the MICRO Illinois Credit attributable to the incremental

24 income tax attributable to new employees and retained

25 employees as certified by the Department of Commerce and

26 Economic Opportunity pursuant to an agreement with the
SB2394 Enrolled  - 679 - LRB104 09208 AMC 19265 b

 1 taxpayer under the Manufacturing Illinois Chips for Real
 2 Opportunity (MICRO) Act for the taxable year. The credit or
 3 credits may not reduce the taxpayer's obligation for any
 4 payment due under this Section to less than zero. If the amount
 5 of the credit or credits exceeds the total payments due under
 6 this Section with respect to amounts withheld during the
 7 quarterly reporting period, the excess may be carried forward
 8 and applied against the taxpayer's liability under this
 9 Section in the succeeding quarterly reporting period as
10 allowed to be carried forward under paragraph (4) of Section
11 211 of this Act. The credit or credits shall be applied to the
12 earliest quarterly reporting period for which there is a tax
13 liability. If there are credits from more than one quarterly
14 reporting period that are available to offset a liability, the
15 earlier credit shall be applied first. Each employer who
16 deducts and withholds or is required to deduct and withhold
17 tax under this Act and who retains income tax withholdings
18 this subsection must make a return with respect to such taxes
19 and retained amounts in the form and manner that the
20 Department, by rule, requires and pay to the Department or to a
21 depositary designated by the Department those withheld taxes
22 not retained by the taxpayer. For purposes of this subsection,
23 the term taxpayer shall include taxpayer and members of the
24 taxpayer's unitary business group as defined under paragraph
25 (27) of subsection (a) of Section 1501 of this Act. This
26 Section is exempt from the provisions of Section 250 of this
    SB2394 Enrolled  - 680 - LRB104 09208 AMC 19265 b

1 Act.

2   (h) An employer may claim a credit against payments due

3 under this Section for amounts withheld during the first

4 calendar year ending after the date on which a tax credit

5 certificate was issued under Section 35 of the Small Business

6 Job Creation Tax Credit Act. The credit shall be equal to the

7 amount shown on the certificate, but may not reduce the

8 taxpayer's obligation for any payment due under this Section

9 to less than zero. If the amount of the credit exceeds the

10 total payments due under this Section with respect to amounts

11 withheld during the calendar year, the excess may be carried

12 forward and applied against the taxpayer's liability under

13 this Section in the 5 succeeding calendar years. The credit

14 shall be applied to the earliest year for which there is a tax

15 liability. If there are credits from more than one calendar

16 year that are available to offset a liability, the earlier

17 credit shall be applied first. This Section is exempt from the

18 provisions of Section 250 of this Act.

19  (i) Each employer with 50 or fewer full-time equivalent

20 employees during the reporting period may claim a credit

21 against the payments due under this Section for each qualified

22 employee in an amount equal to the maximum credit allowable.

23 The credit may be taken against payments due for reporting

24 periods that begin on or after January 1, 2020, and end on or

25 before December 31, 2027. An employer may not claim a credit

26 for an employee who has worked fewer than 90 consecutive days
    SB2394 Enrolled  - 681 - LRB104 09208 AMC 19265 b

1 immediately preceding the reporting period; however, such

2 credits may accrue during that 90-day period and be claimed

3 against payments under this Section for future reporting

4 periods after the employee has worked for the employer at

5 least 90 consecutive days. In no event may the credit exceed

6 the employer's liability for the reporting period. Each

7 employer who deducts and withholds or is required to deduct

8 and withhold tax under this Act and who retains income tax

9 withholdings under this subsection must make a return with

10 respect to such taxes and retained amounts in the form and

11 manner that the Department, by rule, requires and pay to the

12 Department or to a depositary designated by the Department

13 those withheld taxes not retained by the employer.

14  For each reporting period, the employer may not claim a

15 credit or credits for more employees than the number of

16 employees making less than the minimum or reduced wage for the

17 current calendar year during the last reporting period of the

18 preceding calendar year. Notwithstanding any other provision

19 of this subsection, an employer shall not be eligible for

20 credits for a reporting period unless the average wage paid by

21 the employer per employee for all employees making less than

22 $55,000 during the reporting period is greater than the

23 average wage paid by the employer per employee for all

24 employees making less than $55,000 during the same reporting

25 period of the prior calendar year.

26  For purposes of this subsection (i):
    SB2394 Enrolled  - 682 - LRB104 09208 AMC 19265 b

1   "Compensation paid in Illinois" has the meaning ascribed

2 to that term under Section 304(a)(2)(B) of this Act.

3   "Employer" and "employee" have the meaning ascribed to

4 those terms in the Minimum Wage Law, except that "employee"

5 also includes employees who work for an employer with fewer

6 than 4 employees. Employers that operate more than one

7 establishment pursuant to a franchise agreement or that

8 constitute members of a unitary business group shall aggregate

9 their employees for purposes of determining eligibility for

10 the credit.

11  "Full-time equivalent employees" means the ratio of the

12 number of paid hours during the reporting period and the

13 number of working hours in that period.

14  "Maximum credit" means the percentage listed below of the

15 difference between the amount of compensation paid in Illinois

16 to employees who are paid not more than the required minimum

17 wage reduced by the amount of compensation paid in Illinois to

18 employees who were paid less than the current required minimum

19 wage during the reporting period prior to each increase in the

20 required minimum wage on January 1. If an employer pays an

21 employee more than the required minimum wage and that employee

22 previously earned less than the required minimum wage, the

23 employer may include the portion that does not exceed the

24 required minimum wage as compensation paid in Illinois to

25 employees who are paid not more than the required minimum

26 wage.
    SB2394 Enrolled  - 683 - LRB104 09208 AMC 19265 b

1   (1) 25% for reporting periods beginning on or after

2   January 1, 2020 and ending on or before December 31, 2020;

3   (2) 21% for reporting periods beginning on or after

4   January 1, 2021 and ending on or before December 31, 2021;

5   (3) 17% for reporting periods beginning on or after

6   January 1, 2022 and ending on or before December 31, 2022;

7   (4) 13% for reporting periods beginning on or after

8   January 1, 2023 and ending on or before December 31, 2023;

9   (5) 9% for reporting periods beginning on or after

10  January 1, 2024 and ending on or before December 31, 2024;

11  (6) 5% for reporting periods beginning on or after

12  January 1, 2025 and ending on or before December 31, 2025.

13  The amount computed under this subsection may continue to

14 be claimed for reporting periods beginning on or after January

15 1, 2026 and:

16  (A) ending on or before December 31, 2026 for

17  employers with more than 5 employees; or

18  (B) ending on or before December 31, 2027 for

19  employers with no more than 5 employees.

20  "Qualified employee" means an employee who is paid not

21 more than the required minimum wage and has an average wage

22 paid per hour by the employer during the reporting period

23 equal to or greater than his or her average wage paid per hour

24 by the employer during each reporting period for the

25 immediately preceding 12 months. A new qualified employee is

26 deemed to have earned the required minimum wage in the
   SB2394 Enrolled             - 684 - LRB104 09208 AMC 19265 b

1 preceding reporting period.

2  "Reporting period" means the quarter for which a return is

3 required to be filed under subsection (b) of this Section.

4  (j) For reporting periods beginning on or after January 1,

5 2023, if a private employer grants all of its employees the

6 option of taking a paid leave of absence of at least 30 days

7 for the purpose of serving as an organ donor or bone marrow

8 donor, then the private employer may take a credit against the

9 payments due under this Section in an amount equal to the

10 amount withheld under this Section with respect to wages paid

11 while the employee is on organ donation leave, not to exceed

12 $1,000 in withholdings for each employee who takes organ

13 donation leave. To be eligible for the credit, such a leave of

14 absence must be taken without loss of pay, vacation time,

15 compensatory time, personal days, or sick time for at least

16 the first 30 days of the leave of absence. The private employer

17 shall adopt rules governing organ donation leave, including

18 rules that (i) establish conditions and procedures for

19 requesting and approving leave and (ii) require medical

20 documentation of the proposed organ or bone marrow donation

21 before leave is approved by the private employer. A private

22 employer must provide, in the manner required by the

23 Department, documentation from the employee's medical

24 provider, which the private employer receives from the

25 employee, that verifies the employee's organ donation. The

26 private employer must also provide, in the manner required by
    SB2394 Enrolled  - 685 - LRB104 09208 AMC 19265 b

1 the Department, documentation that shows that a qualifying

2 organ donor leave policy was in place and offered to all

3 qualifying employees at the time the leave was taken. For the

4 private employer to receive the tax credit, the employee

5 taking organ donor leave must allow for the applicable medical

6 records to be disclosed to the Department. If the private

7 employer cannot provide the required documentation to the

8 Department, then the private employer is ineligible for the

9 credit under this Section. A private employer must also

10 provide, in the form required by the Department, any

11 additional documentation or information required by the

12 Department to administer the credit under this Section. The

13 credit under this subsection (j) shall be taken within one

14 year after the date upon which the organ donation leave

15 begins. If the leave taken spans into a second tax year, the

16 employer qualifies for the allowable credit in the later of

17 the 2 years. If the amount of credit exceeds the tax liability

18 for the year, the excess may be carried and applied to the tax

19 liability for the 3 taxable years following the excess credit

20 year. The tax credit shall be applied to the earliest year for

21 which there is a tax liability. If there are credits for more

22 than one year that are available to offset liability, the

23 earlier credit shall be applied first.

24  Nothing in this subsection (j) prohibits a private

25 employer from providing an unpaid leave of absence to its

26 employees for the purpose of serving as an organ donor or bone
    SB2394 Enrolled           - 686 - LRB104 09208 AMC 19265 b

1 marrow donor; however, if the employer's policy provides for

2 fewer than 30 days of paid leave for organ or bone marrow

3 donation, then the employer shall not be eligible for the

4 credit under this Section.

5   As used in this subsection (j):

6   "Organ" means any biological tissue of the human body that

7 may be donated by a living donor, including, but not limited

8 to, the kidney, liver, lung, pancreas, intestine, bone, skin,

9 or any subpart of those organs.

10  "Organ donor" means a person from whose body an organ is

11 taken to be transferred to the body of another person.

12  "Private employer" means a sole proprietorship,

13 corporation, partnership, limited liability company, or other

14 entity with one or more employees. "Private employer" does not

15 include a municipality, county, State agency, or other public

16 employer.

17  This subsection (j) is exempt from the provisions of

18 Section 250 of this Act.

19  (k) For reporting periods beginning on or after January 1,

20 2025 and before January 1, 2027, an employer may claim a credit

21 against payments due under this Section for amounts withheld

22 during the first reporting period to occur after the date on

23 which a tax credit certificate is issued for a non-profit

24 theater production under Section 10 of the Live Theater

25 Production Tax Credit Act. The credit shall be equal to the

26 amount shown on the certificate, but may not reduce the
    SB2394 Enrolled       - 687 - LRB104 09208 AMC 19265 b

1 taxpayer's obligation for any payment due under this Article

2 to less than zero. If the amount of the credit exceeds the

3 total amount due under this Article with respect to amounts

4 withheld during the first reporting period to occur after the

5 date on which a tax credit certificate is issued, the excess

6 may be carried forward and applied against the taxpayer's

7 liability under this Section for reporting periods that occur

8 in the 5 succeeding calendar years. The excess credit shall be

9 applied to the earliest reporting period for which there is a

10 payment due under this Article. If there are credits from more

11 than one reporting period that are available to offset a

12 liability, the earlier credit shall be applied first. The

13 Department of Revenue, in cooperation with the Department of

14 Commerce and Economic Opportunity, shall adopt rules to

15 enforce and administer the provisions of this subsection.

16  (l) (k) A taxpayer who is issued a certificate under the

17 Local Journalism Sustainability Act for a taxable year shall

18 be allowed a credit against payments due under this Section as

19 provided in that Act.

20 (Source: P.A. 102-669, eff. 11-16-21; 102-700, Article 30,

21 Section 30-5, eff. 4-19-22; 102-700, Article 110, Section

22 110-905, eff. 4-19-22; 102-1125, eff. 2-3-23; 103-592, Article

23 40, Section 40-900, eff. 6-7-24; 103-592, Article 45, Section

24 45-10, eff. 6-7-24; revised 7-9-24.)

25  Section 265. The Economic Development for a Growing
    SB2394 Enrolled    - 688 - LRB104 09208 AMC 19265 b

1 Economy Tax Credit Act is amended by changing Section 5-56 as
2 follows:

3   (35 ILCS 10/5-56)

4   Sec. 5-56. Annual report. Annually, until construction is

5 completed, a company seeking New Construction EDGE Credits

6 shall submit a report that, at a minimum, describes the

7 projected project scope, timeline, and anticipated budget.

8 Once the project has commenced, the annual report shall

9 include actual data for the prior year as well as projections

10 for each additional year through completion of the project.

11 The Department shall issue detailed reporting guidelines

12 prescribing the requirements of construction-related

13 construction related reports. In order to receive credit for

14 construction expenses, the company must provide the Department

15 with evidence that a certified third-party executed an

16 Agreed-Upon Procedure (AUP) verifying the construction

17 expenses or accept the standard construction wage expense

18 estimated by the Department.

19  Upon review of the final project scope, timeline, budget,

20 and AUP, the Department shall issue a tax credit certificate

21 reflecting a percentage of the total construction job wages

22 paid throughout the completion of the project.

23  Upon 7 business days' notice, the taxpayer shall make

24 available for inspection and copying at a location within this

25 State during reasonable hours, the records identified in
    SB2394 Enrolled         - 689 - LRB104 09208 AMC 19265 b

1 paragraph (1) of this Section to the taxpayer in charge of the
2 project, its officers and agents, and to federal, State, or
3 local law enforcement agencies and prosecutors.
4 (Source: P.A. 102-558, eff. 8-20-21; 103-595, eff. 6-26-24;
5 revised 10-23-24.)

6   Section 270. The Local Journalism Sustainability Act is

7 amended by changing Sections 40-1 and 40-5 as follows:

8   (35 ILCS 18/40-1)

9   Sec. 40-1. Short title. This Article Act may be cited as

10 the Local Journalism Sustainability Act. References in this

11 Article to "this Act" mean this Article.

12 (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)

13  (35 ILCS 18/40-5)

14  Sec. 40-5. Definitions. As used in this Act:

15  "Award cycle" means the 4 reporting periods for which the

16 employer is awarded a credit under Section 40-10.

17  "Comparable rate" has the meaning given to that term by

18 the Federal Communications Commission in its campaign

19 advertising rate rules.

20  "Department" means the Department of Commerce and Economic

21 Opportunity.

22  "Independently owned" means, as applied to a local news

23 organization, that:
    SB2394 Enrolled      - 690 - LRB104 09208 AMC 19265 b

1   (1) the local news organization is not a publicly

2   traded entity and no more than 5% of the beneficial

3   ownership of the local news organization is owned,

4   directly or indirectly, by a publicly traded entity; and

5   (2) the local news organization is not a subsidiary.

6   "Local news organization" means an entity that:

7   (1) engages professionals to create, edit, produce,

8   and distribute original content concerning matters of

9   public interest through reporting activities, including

10  conducting interviews, observing current events, or

11  analyzing documents or other information;

12  (2) has at least one employee who meets all of the

13  following criteria:

14  (A) the employee is employed by the entity on a

15  full-time basis for at least 30 hours a week;

16  (B) the employee's job duties for the entity

17  consist primarily of providing coverage of Illinois or

18  local Illinois community news as described in

19  paragraph (C);

20  (C) the employee gathers, prepares, collects,

21  photographs, writes, edits, reports, or publishes

22  original local or State community news for

23  dissemination to the local or State community; and

24  (D) the employee lives within 50 miles of the

25  coverage area;

26  (3) in the case of a print publication, has published
    SB2394 Enrolled   - 691 - LRB104 09208 AMC 19265 b

1   at least one print publication per month over the previous

2   12 months and either (i) holds a valid United States

3   Postal Service periodical permit or (ii) has at least 25%

4   of its content dedicated to local news;

5   (4) in the case of a digital-only entity, has

6   published one piece about the community per week over the

7   previous 12 months and has at least 33% of its digital

8   audience in Illinois, averaged over a 12-month period;

9   (5) in the case of a hybrid entity that has both print

10  and digital outlets, meets the requirements in either

11  paragraph (3) or (4) of this definition;

12  (6) has disclosed in its print publication or on its

13  website its beneficial ownership or, in the case of a

14  not-for-profit entity, its board of directors;

15  (7) in the case of an entity that maintains tax status

16  under Section 501(c)(3) of the federal Internal Revenue

17  Code, has declared the coverage of local or State news as

18  the stated mission in its filings with the Internal

19  Revenue Service;

20  (8) has not received any payments of more than 50% of

21  its gross receipts for the previous year from political

22  action committees or other entities described in Section

23  527 of the federal Internal Revenue Code or from an

24  organization that maintains Section 501(c)(4) or 501(c)(6)

25  status under the federal Internal Revenue Code, unless

26  those payments are for political advertising during the
    SB2394 Enrolled         - 692 - LRB104 09208 AMC 19265 b

1   lowest unit windows and using comparable rates; and

2   (9) has not received more than 30% of its revenue from

3   the previous taxable year from political advertisements

4   during lowest unit windows.

5   "Local news organization" does not include an organization

6 that received more than $100,000 from organizations described

7 in paragraph (8) during the taxable year or any preceding

8 taxable year.

9   "Lowest unit window" has the meaning given to that term by

10 the Federal Communications Commission in its campaign

11 advertising rate rules.

12  "New journalism position" means an employment position

13 that results in a net increase in qualified journalists

14 employed by the local news organization from January 1 of the

15 preceding calendar year compared to January 1 of the calendar

16 year in which a credit under this Act is sought.

17  "Private fund" means a corporation that:

18  (1) would be considered an investment company under

19  Section 3 of the Investment Company Act of 1940, 15 U.S.C.

20  80a-3, but for the application of paragraph (1) or (7) of

21  subsection (c) of that Section;

22  (2) is not a venture capital fund, as defined in

23  Section 275.203(l)-1 of Title 17 of the Code of Federal

24  Regulations, as in effect on the effective date of this

25  Act; and

26  (3) is not an institution selected under Section 107
    SB2394 Enrolled    - 693 - LRB104 09208 AMC 19265 b

1   of the federal Community Development Banking and Financial

2   Institutions Act of 1994.

3   "Qualified journalist" means a person who:

4        (1) is employed for an average of at least 30 hours per

5   week; and

6        (2) is responsible for gathering, developing,

7   preparing, directing the recording of, producing,

8   collecting, photographing, recording, writing, editing,

9   reporting, designing, presenting, distributing, or

10  publishing original news or information that concerns

11  local matters of public interest.

12  "Reporting period" means the quarter for which a return is

13 required to be filed under Article 7 of the Illinois Income Tax

14 Act.

15 (Source: P.A. 103-592, eff. 6-7-24; revised 10-24-24.)

16  Section 275. The Music and Musicians Tax Credit and Jobs

17 Act is amended by changing Section 50-1 as follows:

18  (35 ILCS 19/50-1)

19  Sec. 50-1. Short title. This Article Act may be cited as

20 the Music and Musicians Tax Credit and Jobs Act. References in

21 this Article to "this Act" mean this Article.

22 (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)

23  Section 280. The Manufacturing Illinois Chips for Real
    SB2394 Enrolled      - 694 - LRB104 09208 AMC 19265 b

1 Opportunity (MICRO) Act is amended by changing Section 110-20
2 as follows:

3   (35 ILCS 45/110-20)

4   Sec. 110-20. Manufacturing Illinois Chips for Real

5 Opportunity (MICRO) Program; project applications.

6   (a) The Manufacturing Illinois Chips for Real Opportunity

7 (MICRO) Program is hereby established and shall be

8 administered by the Department. The Program will provide

9 financial incentives to eligible semiconductor manufacturers,

10 microchip manufacturers, quantum computer manufacturers, and

11 companies that primarily engage in research and development in

12 the manufacturing of quantum computers, semiconductors, or

13 microchips. For the purposes of this Section, a company is

14 primarily engaged in research and development in the

15 manufacturing of quantum computers, semiconductors, or

16 microchips if at least 50% of its business activities involve

17 research and development in the manufacturing of quantum

18 computers, semiconductors, or microchips..

19  (b) Any taxpayer planning a project to be located in

20 Illinois may request consideration for designation of its

21 project as a MICRO project, by formal written letter of

22 request or by formal application to the Department, in which

23 the applicant states its intent to make at least a specified

24 level of investment and intends to hire a specified number of

25 full-time employees at a designated location in Illinois. As
    SB2394 Enrolled            - 695 - LRB104 09208 AMC 19265 b

1 circumstances require, the Department shall require a formal

2 application from an applicant and a formal letter of request

3 for assistance.

4   (c) In order to qualify for credits under the Program

5 program, an applicant must:

6   (1) for a semiconductor manufacturer, a microchip

7   manufacturer, a quantum computer manufacturer, or a

8   company focusing on research and development in the

9   manufacturing of quantum computers, semiconductors, or

10  microchips:

11  (A) make an investment of at least $1,500,000,000

12  in capital improvements at the project site;

13  (B) to be placed in service within the State

14  within a 60-month period after approval of the

15  application; and

16  (C) create at least 500 new full-time employee

17  jobs; or

18  (2) for a semiconductor component parts manufacturer,

19  a microchip component parts manufacturer, a quantum

20  computer component parts manufacturer, or a company

21  focusing on research and development in the manufacture of

22  component parts for quantum computers, semiconductors, or

23  microchips:

24  (A) make an investment of at least $300,000,000 in

25  capital improvements at the project site;

26  (B) manufacture one or more parts that are
    SB2394 Enrolled   - 696 - LRB104 09208 AMC 19265 b

1   primarily used for the manufacture of semiconductors

2   or microchips;

3   (C) to be placed in service within the State

4   within a 60-month period after approval of the

5   application; and

6   (D) create at least 150 new full-time employee

7   jobs; or

8   (3) for a semiconductor manufacturer, a microchip

9   manufacturer, a quantum computer manufacturer, a company

10  focusing on research and development in the manufacturing

11  of quantum computers, semiconductors, or microchips, or a

12  semiconductor or microchip component parts manufacturer

13  that does not qualify quality under paragraph (2) above:

14  (A) make an investment of at least $2,500,000 in

15  capital improvements at the project site;

16  (B) to be placed in service within the State

17  within a 48-month period after approval of the

18  application; and

19  (C) create at least 50 new full-time employee jobs

20  or new full-time employees equivalent to 10% of the

21  number of full-time employees employed by the

22  applicant world-wide on the date the application is

23  filed with the Department; or

24  (4) for a semiconductor manufacturer, quantum computer

25  manufacturer, microchip manufacturer, or semiconductor or

26  microchip component parts manufacturer with existing
    SB2394 Enrolled   - 697 - LRB104 09208 AMC 19265 b

1   operations in Illinois that intends to convert or expand,

2   in whole or in part, the existing facility from

3   traditional manufacturing to semiconductor manufacturing,

4   quantum computer manufacturing, or microchip manufacturing

5   or semiconductor, quantum computer, or microchip component

6   parts manufacturing, or a company focusing on research and

7   development in the manufacturing of quantum computers,

8   semiconductors, or microchips:

9   (A) make an investment of at least $100,000,000 in

10  capital improvements at the project site;

11  (B) to be placed in service within the State

12  within a 60-month period after approval of the

13  application; and

14  (C) create the lesser of 75 new full-time employee

15  jobs or new full-time employee jobs equivalent to 10%

16  of the Statewide baseline applicable to the taxpayer

17  and any related member at the time of application.

18  (d) For any applicant creating the full-time employee jobs

19 noted in subsection (c), those jobs must have a total

20 compensation equal to or greater than 120% of the average wage

21 paid to full-time employees in the county where the project is

22 located, as determined by the Department.

23  (e) Each applicant must outline its hiring plan and

24 commitment to recruit and hire full-time employee positions at

25 the project site. The hiring plan may include a partnership

26 with an institution of higher education to provide
    SB2394 Enrolled  - 698 - LRB104 09208 AMC 19265 b

1 internships, including, but not limited to, internships

2 supported by the Clean Jobs Workforce Network Program, or

3 full-time permanent employment for students at the project

4 site. Additionally, the applicant may create or utilize

5 participants from apprenticeship programs that are approved by

6 and registered with the United States Department of Labor's

7 Bureau of Apprenticeship and Training. The applicant Applicant

8 may apply for apprenticeship education expense credits in

9 accordance with the provisions set forth in 14 Ill. Adm.

10 Admin. Code 522. Each applicant is required to report

11 annually, on or before April 15, on the diversity of its

12 workforce in accordance with Section 110-50 of this Act. For

13 existing facilities of applicants under paragraph (3) of

14 subsection (b) above, if the taxpayer expects a reduction in

15 force due to its transition to manufacturing semiconductors,

16 microchips, or semiconductor or microchip component parts, the

17 plan submitted under this Section must outline the taxpayer's

18 plan to assist with retraining its workforce aligned with the

19 taxpayer's adoption of new technologies and anticipated

20 efforts to retrain employees through employment opportunities

21 within the taxpayer's workforce.

22  (f) A taxpayer may not enter into more than one agreement

23 under this Act with respect to a single address or location for

24 the same period of time. Also, a taxpayer may not enter into an

25 agreement under this Act with respect to a single address or

26 location for the same period of time for which the taxpayer
    SB2394 Enrolled     - 699 - LRB104 09208 AMC 19265 b

 1 currently holds an active agreement under the Economic
 2 Development for a Growing Economy Tax Credit Act. This
 3 provision does not preclude the applicant from entering into
 4 an additional agreement after the expiration or voluntary
 5 termination of an earlier agreement under this Act or under
 6 the Economic Development for a Growing Economy Tax Credit Act
 7 to the extent that the taxpayer's application otherwise
 8 satisfies the terms and conditions of this Act and is approved
 9 by the Department. An applicant with an existing agreement
10 under the Economic Development for a Growing Economy Tax
11 Credit Act may submit an application for an agreement under
12 this Act after it terminates any existing agreement under the
13 Economic Development for a Growing Economy Tax Credit Act with
14 respect to the same address or location.
15 (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
16 103-595, eff. 6-26-24; revised 10-21-24.)

17  Section 285. The Illinois Gives Tax Credit Act is amended

18 by changing Section 170-1 as follows:

19  (35 ILCS 60/170-1)

20  Sec. 170-1. Short title. This Article Act may be cited as

21 the Illinois Gives Tax Credit Act. References in this Article

22 to "this Act" mean this Article.

23 (Source: P.A. 103-592, eff. 6-7-24; revised 10-21-24.)
   SB2394 Enrolled  - 700 - LRB104 09208 AMC 19265 b

1  Section 290. The Use Tax Act is amended by changing

2 Sections 2, 3-5, and 3-10 as follows:

3  (35 ILCS 105/2) (from Ch. 120, par. 439.2)

4  Sec. 2. Definitions. As used in this Act:

5  "Use" means the exercise by any person of any right or

6 power over tangible personal property incident to the

7 ownership of that property, or, on and after January 1, 2025,

8 incident to the possession or control of, the right to possess

9 or control, or a license to use that property through a lease,

10 except that it does not include the sale of such property in

11 any form as tangible personal property in the regular course

12 of business to the extent that such property is not first

13 subjected to a use for which it was purchased, and does not

14 include the use of such property by its owner for

15 demonstration purposes: Provided that the property purchased

16 is deemed to be purchased for the purpose of resale, despite

17 first being used, to the extent to which it is resold as an

18 ingredient of an intentionally produced product or by-product

19 of manufacturing. "Use" does not mean the demonstration use or

20 interim use of tangible personal property by a retailer before

21 he sells that tangible personal property. On and after January

22 1, 2025, the lease of tangible personal property to a lessee by

23 a retailer who is subject to tax on lease receipts under Public

24 Act 103-592 this amendatory Act of the 103rd General Assembly

25 does not qualify as demonstration use or interim use of that
    SB2394 Enrolled       - 701 - LRB104 09208 AMC 19265 b

1 property. For watercraft or aircraft, if the period of

2 demonstration use or interim use by the retailer exceeds 18

3 months, the retailer shall pay on the retailers' original cost

4 price the tax imposed by this Act, and no credit for that tax

5 is permitted if the watercraft or aircraft is subsequently

6 sold by the retailer. "Use" does not mean the physical

7 incorporation of tangible personal property, to the extent not

8 first subjected to a use for which it was purchased, as an

9 ingredient or constituent, into other tangible personal

10 property (a) which is sold in the regular course of business or

11 (b) which the person incorporating such ingredient or

12 constituent therein has undertaken at the time of such

13 purchase to cause to be transported in interstate commerce to

14 destinations outside the State of Illinois: Provided that the

15 property purchased is deemed to be purchased for the purpose

16 of resale, despite first being used, to the extent to which it

17 is resold as an ingredient of an intentionally produced

18 product or by-product of manufacturing.

19  "Lease" means a transfer of the possession or control of,

20 the right to possess or control, or a license to use, but not

21 title to, tangible personal property for a fixed or

22 indeterminate term for consideration, regardless of the name

23 by which the transaction is called. "Lease" does not include a

24 lease entered into merely as a security agreement that does

25 not involve a transfer of possession or control from the

26 lessor to the lessee.
    SB2394 Enrolled            - 702 - LRB104 09208 AMC 19265 b

1   On and after January 1, 2025, the term "sale", when used in

2 this Act, includes a lease.

3   "Watercraft" means a Class 2, Class 3, or Class 4

4 watercraft as defined in Section 3-2 of the Boat Registration

5 and Safety Act, a personal watercraft, or any boat equipped

6 with an inboard motor.

7   "Purchase at retail" means the acquisition of the

8 ownership of, the title to, the possession or control of, the

9 right to possess or control, or a license to use, tangible

10 personal property through a sale at retail.

11  "Purchaser" means anyone who, through a sale at retail,

12 acquires the ownership of, the title to, the possession or

13 control of, the right to possess or control, or a license to

14 use, tangible personal property for a valuable consideration.

15  "Sale at retail" means any transfer of the ownership of or

16 title to tangible personal property to a purchaser, for the

17 purpose of use, and not for the purpose of resale in any form

18 as tangible personal property to the extent not first

19 subjected to a use for which it was purchased, for a valuable

20 consideration: Provided that the property purchased is deemed

21 to be purchased for the purpose of resale, despite first being

22 used, to the extent to which it is resold as an ingredient of

23 an intentionally produced product or by-product of

24 manufacturing. For this purpose, slag produced as an incident

25 to manufacturing pig iron or steel and sold is considered to be

26 an intentionally produced by-product of manufacturing. "Sale
    SB2394 Enrolled  - 703 - LRB104 09208 AMC 19265 b

1 at retail" includes any such transfer made for resale unless

2 made in compliance with Section 2c of the Retailers'

3 Occupation Tax Act, as incorporated by reference into Section

4 12 of this Act. Transactions whereby the possession of the

5 property is transferred but the seller retains the title as

6 security for payment of the selling price are sales.

7   "Sale at retail" shall also be construed to include any

8 Illinois florist's sales transaction in which the purchase

9 order is received in Illinois by a florist and the sale is for

10 use or consumption, but the Illinois florist has a florist in

11 another state deliver the property to the purchaser or the

12 purchaser's donee in such other state.

13  Nonreusable tangible personal property that is used by

14 persons engaged in the business of operating a restaurant,

15 cafeteria, or drive-in is a sale for resale when it is

16 transferred to customers in the ordinary course of business as

17 part of the sale of food or beverages and is used to deliver,

18 package, or consume food or beverages, regardless of where

19 consumption of the food or beverages occurs. Examples of those

20 items include, but are not limited to nonreusable, paper and

21 plastic cups, plates, baskets, boxes, sleeves, buckets or

22 other containers, utensils, straws, placemats, napkins, doggie

23 bags, and wrapping or packaging materials that are transferred

24 to customers as part of the sale of food or beverages in the

25 ordinary course of business.

26  The purchase, employment, and transfer of such tangible
   SB2394 Enrolled  - 704 - LRB104 09208 AMC 19265 b

1 personal property as newsprint and ink for the primary purpose

2 of conveying news (with or without other information) is not a

3 purchase, use, or sale of tangible personal property.

4  "Selling price" means the consideration for a sale valued

5 in money whether received in money or otherwise, including

6 cash, credits, property other than as hereinafter provided,

7 and services, but, prior to January 1, 2020 and beginning

8 again on January 1, 2022, not including the value of or credit

9 given for traded-in tangible personal property where the item

10 that is traded-in is of like kind and character as that which

11 is being sold; beginning January 1, 2020 and until January 1,

12 2022, "selling price" includes the portion of the value of or

13 credit given for traded-in motor vehicles of the First

14 Division as defined in Section 1-146 of the Illinois Vehicle

15 Code of like kind and character as that which is being sold

16 that exceeds $10,000. "Selling price" shall be determined

17 without any deduction on account of the cost of the property

18 sold, the cost of materials used, labor or service cost, or any

19 other expense whatsoever, but does not include interest or

20 finance charges which appear as separate items on the bill of

21 sale or sales contract nor charges that are added to prices by

22 sellers on account of the seller's tax liability under the

23 Retailers' Occupation Tax Act, or on account of the seller's

24 duty to collect, from the purchaser, the tax that is imposed by

25 this Act, or, except as otherwise provided with respect to any

26 cigarette tax imposed by a home rule unit, on account of the
    SB2394 Enrolled  - 705 - LRB104 09208 AMC 19265 b

1 seller's tax liability under any local occupation tax

2 administered by the Department, or, except as otherwise

3 provided with respect to any cigarette tax imposed by a home

4 rule unit on account of the seller's duty to collect, from the

5 purchasers, the tax that is imposed under any local use tax

6 administered by the Department. Effective December 1, 1985,

7 "selling price" shall include charges that are added to prices

8 by sellers on account of the seller's tax liability under the

9 Cigarette Tax Act, on account of the seller's duty to collect,

10 from the purchaser, the tax imposed under the Cigarette Use

11 Tax Act, and on account of the seller's duty to collect, from

12 the purchaser, any cigarette tax imposed by a home rule unit.

13  The provisions of this paragraph, which provides only for

14 an alternative meaning of "selling price" with respect to the

15 sale of certain motor vehicles incident to the contemporaneous

16 lease of those motor vehicles, continue in effect and are not

17 changed by the tax on leases implemented by Public Act 103-592

18 this amendatory Act of the 103rd General Assembly.

19 Notwithstanding any law to the contrary, for any motor

20 vehicle, as defined in Section 1-146 of the Vehicle Code, that

21 is sold on or after January 1, 2015 for the purpose of leasing

22 the vehicle for a defined period that is longer than one year

23 and (1) is a motor vehicle of the second division that: (A) is

24 a self-contained motor vehicle designed or permanently

25 converted to provide living quarters for recreational,

26 camping, or travel use, with direct walk through access to the
SB2394 Enrolled  - 706 - LRB104 09208 AMC 19265 b

 1 living quarters from the driver's seat; (B) is of the van
 2 configuration designed for the transportation of not less than
 3 7 nor more than 16 passengers; or (C) has a gross vehicle
 4 weight rating of 8,000 pounds or less or (2) is a motor vehicle
 5 of the first division, "selling price" or "amount of sale"
 6 means the consideration received by the lessor pursuant to the
 7 lease contract, including amounts due at lease signing and all
 8 monthly or other regular payments charged over the term of the
 9 lease. Also included in the selling price is any amount
10 received by the lessor from the lessee for the leased vehicle
11 that is not calculated at the time the lease is executed,
12 including, but not limited to, excess mileage charges and
13 charges for excess wear and tear. For sales that occur in
14 Illinois, with respect to any amount received by the lessor
15 from the lessee for the leased vehicle that is not calculated
16 at the time the lease is executed, the lessor who purchased the
17 motor vehicle does not incur the tax imposed by the Use Tax Act
18 on those amounts, and the retailer who makes the retail sale of
19 the motor vehicle to the lessor is not required to collect the
20 tax imposed by this Act or to pay the tax imposed by the
21 Retailers' Occupation Tax Act on those amounts. However, the
22 lessor who purchased the motor vehicle assumes the liability
23 for reporting and paying the tax on those amounts directly to
24 the Department in the same form (Illinois Retailers'
25 Occupation Tax, and local retailers' occupation taxes, if
26 applicable) in which the retailer would have reported and paid
SB2394 Enrolled  - 707 - LRB104 09208 AMC 19265 b

 1 such tax if the retailer had accounted for the tax to the
 2 Department. For amounts received by the lessor from the lessee
 3 that are not calculated at the time the lease is executed, the
 4 lessor must file the return and pay the tax to the Department
 5 by the due date otherwise required by this Act for returns
 6 other than transaction returns. If the retailer is entitled
 7 under this Act to a discount for collecting and remitting the
 8 tax imposed under this Act to the Department with respect to
 9 the sale of the motor vehicle to the lessor, then the right to
10 the discount provided in this Act shall be transferred to the
11 lessor with respect to the tax paid by the lessor for any
12 amount received by the lessor from the lessee for the leased
13 vehicle that is not calculated at the time the lease is
14 executed; provided that the discount is only allowed if the
15 return is timely filed and for amounts timely paid. The
16 "selling price" of a motor vehicle that is sold on or after
17 January 1, 2015 for the purpose of leasing for a defined period
18 of longer than one year shall not be reduced by the value of or
19 credit given for traded-in tangible personal property owned by
20 the lessor, nor shall it be reduced by the value of or credit
21 given for traded-in tangible personal property owned by the
22 lessee, regardless of whether the trade-in value thereof is
23 assigned by the lessee to the lessor. In the case of a motor
24 vehicle that is sold for the purpose of leasing for a defined
25 period of longer than one year, the sale occurs at the time of
26 the delivery of the vehicle, regardless of the due date of any
    SB2394 Enrolled  - 708 - LRB104 09208 AMC 19265 b

1 lease payments. A lessor who incurs a Retailers' Occupation

2 Tax liability on the sale of a motor vehicle coming off lease

3 may not take a credit against that liability for the Use Tax

4 the lessor paid upon the purchase of the motor vehicle (or for

5 any tax the lessor paid with respect to any amount received by

6 the lessor from the lessee for the leased vehicle that was not

7 calculated at the time the lease was executed) if the selling

8 price of the motor vehicle at the time of purchase was

9 calculated using the definition of "selling price" as defined

10 in this paragraph. Notwithstanding any other provision of this

11 Act to the contrary, lessors shall file all returns and make

12 all payments required under this paragraph to the Department

13 by electronic means in the manner and form as required by the

14 Department. This paragraph does not apply to leases of motor

15 vehicles for which, at the time the lease is entered into, the

16 term of the lease is not a defined period, including leases

17 with a defined initial period with the option to continue the

18 lease on a month-to-month or other basis beyond the initial

19 defined period.

20  The phrase "like kind and character" shall be liberally

21 construed (including, but not limited to, any form of motor

22 vehicle for any form of motor vehicle, or any kind of farm or

23 agricultural implement for any other kind of farm or

24 agricultural implement), while not including a kind of item

25 which, if sold at retail by that retailer, would be exempt from

26 retailers' occupation tax and use tax as an isolated or
    SB2394 Enrolled       - 709 - LRB104 09208 AMC 19265 b

1 occasional sale.

2   "Department" means the Department of Revenue.

3   "Person" means any natural individual, firm, partnership,

4 association, joint stock company, joint adventure, public or

5 private corporation, limited liability company, or a receiver,

6 executor, trustee, guardian, or other representative appointed

7 by order of any court.

8   "Retailer" means and includes every person engaged in the

9 business of making sales, including, on and after January 1,

10 2025, leases, at retail as defined in this Section. With

11 respect to leases, a "retailer" also means a "lessor", except

12 as otherwise provided in this Act.

13  A person who holds himself or herself out as being engaged

14 (or who habitually engages) in selling tangible personal

15 property at retail is a retailer hereunder with respect to

16 such sales (and not primarily in a service occupation)

17 notwithstanding the fact that such person designs and produces

18 such tangible personal property on special order for the

19 purchaser and in such a way as to render the property of value

20 only to such purchaser, if such tangible personal property so

21 produced on special order serves substantially the same

22 function as stock or standard items of tangible personal

23 property that are sold at retail.

24  A person whose activities are organized and conducted

25 primarily as a not-for-profit service enterprise, and who

26 engages in selling tangible personal property at retail
    SB2394 Enrolled  - 710 - LRB104 09208 AMC 19265 b

1 (whether to the public or merely to members and their guests)

2 is a retailer with respect to such transactions, excepting

3 only a person organized and operated exclusively for

4 charitable, religious or educational purposes either (1), to

5 the extent of sales by such person to its members, students,

6 patients, or inmates of tangible personal property to be used

7 primarily for the purposes of such person, or (2), to the

8 extent of sales by such person of tangible personal property

9 which is not sold or offered for sale by persons organized for

10 profit. The selling of school books and school supplies by

11 schools at retail to students is not "primarily for the

12 purposes of" the school which does such selling. This

13 paragraph does not apply to nor subject to taxation occasional

14 dinners, social, or similar activities of a person organized

15 and operated exclusively for charitable, religious, or

16 educational purposes, whether or not such activities are open

17 to the public.

18  A person who is the recipient of a grant or contract under

19 Title VII of the Older Americans Act of 1965 (P.L. 92-258) and

20 serves meals to participants in the federal Nutrition Program

21 for the Elderly in return for contributions established in

22 amount by the individual participant pursuant to a schedule of

23 suggested fees as provided for in the federal Act is not a

24 retailer under this Act with respect to such transactions.

25  Persons who engage in the business of transferring

26 tangible personal property upon the redemption of trading
   SB2394 Enrolled  - 711 - LRB104 09208 AMC 19265 b

1 stamps are retailers hereunder when engaged in such business.

2  The isolated or occasional sale of tangible personal

3 property at retail by a person who does not hold himself out as

4 being engaged (or who does not habitually engage) in selling

5 such tangible personal property at retail or a sale through a

6 bulk vending machine does not make such person a retailer

7 hereunder. However, any person who is engaged in a business

8 which is not subject to the tax imposed by the Retailers'

9 Occupation Tax Act because of involving the sale of or a

10 contract to sell real estate or a construction contract to

11 improve real estate, but who, in the course of conducting such

12 business, transfers tangible personal property to users or

13 consumers in the finished form in which it was purchased, and

14 which does not become real estate, under any provision of a

15 construction contract or real estate sale or real estate sales

16 agreement entered into with some other person arising out of

17 or because of such nontaxable business, is a retailer to the

18 extent of the value of the tangible personal property so

19 transferred. If, in such transaction, a separate charge is

20 made for the tangible personal property so transferred, the

21 value of such property, for the purposes of this Act, is the

22 amount so separately charged, but not less than the cost of

23 such property to the transferor; if no separate charge is

24 made, the value of such property, for the purposes of this Act,

25 is the cost to the transferor of such tangible personal

26 property.
    SB2394 Enrolled  - 712 - LRB104 09208 AMC 19265 b

1   "Retailer maintaining a place of business in this State",

2 or any like term, means and includes any of the following

3 retailers:

4   (1) A retailer having or maintaining within this

5   State, directly or by a subsidiary, an office,

6   distribution house, sales house, warehouse, or other place

7   of business, or any agent or other representative

8   operating within this State under the authority of the

9   retailer or its subsidiary, irrespective of whether such

10  place of business or agent or other representative is

11  located here permanently or temporarily, or whether such

12  retailer or subsidiary is licensed to do business in this

13  State. However, the ownership of property that is located

14  at the premises of a printer with which the retailer has

15  contracted for printing and that consists of the final

16  printed product, property that becomes a part of the final

17  printed product, or copy from which the printed product is

18  produced shall not result in the retailer being deemed to

19  have or maintain an office, distribution house, sales

20  house, warehouse, or other place of business within this

21  State.

22  (1.1) A retailer having a contract with a person

23  located in this State under which the person, for a

24  commission or other consideration based upon the sale of

25  tangible personal property by the retailer, directly or

26  indirectly refers potential customers to the retailer by
    SB2394 Enrolled  - 713 - LRB104 09208 AMC 19265 b

1   providing to the potential customers a promotional code or

2   other mechanism that allows the retailer to track

3   purchases referred by such persons. Examples of mechanisms

4   that allow the retailer to track purchases referred by

5   such persons include, but are not limited to, the use of a

6   link on the person's Internet website, promotional codes

7   distributed through the person's hand-delivered or mailed

8   material, and promotional codes distributed by the person

9   through radio or other broadcast media. The provisions of

10  this paragraph (1.1) shall apply only if the cumulative

11  gross receipts from sales of tangible personal property by

12  the retailer to customers who are referred to the retailer

13  by all persons in this State under such contracts exceed

14  $10,000 during the preceding 4 quarterly periods ending on

15  the last day of March, June, September, and December. A

16  retailer meeting the requirements of this paragraph (1.1)

17  shall be presumed to be maintaining a place of business in

18  this State but may rebut this presumption by submitting

19  proof that the referrals or other activities pursued

20  within this State by such persons were not sufficient to

21  meet the nexus standards of the United States Constitution

22  during the preceding 4 quarterly periods.

23  (1.2) Beginning July 1, 2011, a retailer having a

24  contract with a person located in this State under which:

25  (A) the retailer sells the same or substantially

26  similar line of products as the person located in this
    SB2394 Enrolled  - 714 - LRB104 09208 AMC 19265 b

1   State and does so using an identical or substantially

2   similar name, trade name, or trademark as the person

3   located in this State; and

4   (B) the retailer provides a commission or other

5   consideration to the person located in this State

6   based upon the sale of tangible personal property by

7   the retailer.

8   The provisions of this paragraph (1.2) shall apply

9   only if the cumulative gross receipts from sales of

10  tangible personal property by the retailer to customers in

11  this State under all such contracts exceed $10,000 during

12  the preceding 4 quarterly periods ending on the last day

13  of March, June, September, and December.

14  (2) (Blank).

15  (3) (Blank).

16  (4) (Blank).

17  (5) (Blank).

18  (6) (Blank).

19  (7) (Blank).

20  (8) (Blank).

21  (9) Beginning October 1, 2018, a retailer making sales

22  of tangible personal property to purchasers in Illinois

23  from outside of Illinois if:

24  (A) the cumulative gross receipts from sales of

25  tangible personal property to purchasers in Illinois

26  are $100,000 or more; or
    SB2394 Enrolled  - 715 - LRB104 09208 AMC 19265 b

1   (B) the retailer enters into 200 or more separate

2   transactions for the sale of tangible personal

3   property to purchasers in Illinois.

4   The retailer shall determine on a quarterly basis,

5   ending on the last day of March, June, September, and

6   December, whether he or she meets the criteria of either

7   subparagraph (A) or (B) of this paragraph (9) for the

8   preceding 12-month period. If the retailer meets the

9   threshold of either subparagraph (A) or (B) for a 12-month

10  period, he or she is considered a retailer maintaining a

11  place of business in this State and is required to collect

12  and remit the tax imposed under this Act and file returns

13  for one year. At the end of that one-year period, the

14  retailer shall determine whether he or she met the

15  threshold of either subparagraph (A) or (B) during the

16  preceding 12-month period. If the retailer met the

17  criteria in either subparagraph (A) or (B) for the

18  preceding 12-month period, he or she is considered a

19  retailer maintaining a place of business in this State and

20  is required to collect and remit the tax imposed under

21  this Act and file returns for the subsequent year. If at

22  the end of a one-year period a retailer that was required

23  to collect and remit the tax imposed under this Act

24  determines that he or she did not meet the threshold in

25  either subparagraph (A) or (B) during the preceding

26  12-month period, the retailer shall subsequently determine
    SB2394 Enrolled    - 716 - LRB104 09208 AMC 19265 b

1   on a quarterly basis, ending on the last day of March,

2   June, September, and December, whether he or she meets the

3   threshold of either subparagraph (A) or (B) for the

4   preceding 12-month period.

5   Beginning January 1, 2020, neither the gross receipts

6   from nor the number of separate transactions for sales of

7   tangible personal property to purchasers in Illinois that

8   a retailer makes through a marketplace facilitator and for

9   which the retailer has received a certification from the

10  marketplace facilitator pursuant to Section 2d of this Act

11  shall be included for purposes of determining whether he

12  or she has met the thresholds of this paragraph (9).

13  (10) Beginning January 1, 2020, a marketplace

14  facilitator that meets a threshold set forth in subsection

15  (b) of Section 2d of this Act.

16  "Bulk vending machine" means a vending machine, containing

17 unsorted confections, nuts, toys, or other items designed

18 primarily to be used or played with by children which, when a

19 coin or coins of a denomination not larger than $0.50 are

20 inserted, are dispensed in equal portions, at random and

21 without selection by the customer.

22 (Source: P.A. 102-353, eff. 1-1-22; 103-592, eff. 1-1-25;

23 revised 11-22-24.)

24  (35 ILCS 105/3-5)

25  Sec. 3-5. Exemptions. Use, which, on and after January 1,
    SB2394 Enrolled  - 717 - LRB104 09208 AMC 19265 b

1 2025, includes use by a lessee, of the following tangible

2 personal property is exempt from the tax imposed by this Act:

3   (1) Personal property purchased from a corporation,

4 society, association, foundation, institution, or

5 organization, other than a limited liability company, that is

6 organized and operated as a not-for-profit service enterprise

7 for the benefit of persons 65 years of age or older if the

8 personal property was not purchased by the enterprise for the

9 purpose of resale by the enterprise.

10  (2) Personal property purchased by a not-for-profit

11 Illinois county fair association for use in conducting,

12 operating, or promoting the county fair.

13  (3) Personal property purchased by a not-for-profit arts

14 or cultural organization that establishes, by proof required

15 by the Department by rule, that it has received an exemption

16 under Section 501(c)(3) of the Internal Revenue Code and that

17 is organized and operated primarily for the presentation or

18 support of arts or cultural programming, activities, or

19 services. These organizations include, but are not limited to,

20 music and dramatic arts organizations such as symphony

21 orchestras and theatrical groups, arts and cultural service

22 organizations, local arts councils, visual arts organizations,

23 and media arts organizations. On and after July 1, 2001 (the

24 effective date of Public Act 92-35), however, an entity

25 otherwise eligible for this exemption shall not make tax-free

26 purchases unless it has an active identification number issued
    SB2394 Enrolled   - 718 - LRB104 09208 AMC 19265 b

1 by the Department.

2   (4) Except as otherwise provided in this Act, personal

3 property purchased by a governmental body, by a corporation,

4 society, association, foundation, or institution organized and

5 operated exclusively for charitable, religious, or educational

6 purposes, or by a not-for-profit corporation, society,

7 association, foundation, institution, or organization that has

8 no compensated officers or employees and that is organized and

9 operated primarily for the recreation of persons 55 years of

10 age or older. A limited liability company may qualify for the

11 exemption under this paragraph only if the limited liability

12 company is organized and operated exclusively for educational

13 purposes. On and after July 1, 1987, however, no entity

14 otherwise eligible for this exemption shall make tax-free

15 purchases unless it has an active exemption identification

16 number issued by the Department.

17  (5) Until July 1, 2003, a passenger car that is a

18 replacement vehicle to the extent that the purchase price of

19 the car is subject to the Replacement Vehicle Tax.

20  (6) Until July 1, 2003 and beginning again on September 1,

21 2004 through August 30, 2014, graphic arts machinery and

22 equipment, including repair and replacement parts, both new

23 and used, and including that manufactured on special order,

24 certified by the purchaser to be used primarily for graphic

25 arts production, and including machinery and equipment

26 purchased for lease. Equipment includes chemicals or chemicals
    SB2394 Enrolled       - 719 - LRB104 09208 AMC 19265 b

1 acting as catalysts but only if the chemicals or chemicals

2 acting as catalysts effect a direct and immediate change upon

3 a graphic arts product. Beginning on July 1, 2017, graphic

4 arts machinery and equipment is included in the manufacturing

5 and assembling machinery and equipment exemption under

6 paragraph (18).

7   (7) Farm chemicals.

8   (8) Legal tender, currency, medallions, or gold or silver

9 coinage issued by the State of Illinois, the government of the

10 United States of America, or the government of any foreign

11 country, and bullion.

12  (9) Personal property purchased from a teacher-sponsored

13 student organization affiliated with an elementary or

14 secondary school located in Illinois.

15  (10) A motor vehicle that is used for automobile renting,

16 as defined in the Automobile Renting Occupation and Use Tax

17 Act.

18  (11) Farm machinery and equipment, both new and used,

19 including that manufactured on special order, certified by the

20 purchaser to be used primarily for production agriculture or

21 State or federal agricultural programs, including individual

22 replacement parts for the machinery and equipment, including

23 machinery and equipment purchased for lease, and including

24 implements of husbandry defined in Section 1-130 of the

25 Illinois Vehicle Code, farm machinery and agricultural

26 chemical and fertilizer spreaders, and nurse wagons required
    SB2394 Enrolled         - 720 - LRB104 09208 AMC 19265 b

1 to be registered under Section 3-809 of the Illinois Vehicle

2 Code, but excluding other motor vehicles required to be

3 registered under the Illinois Vehicle Code. Horticultural

4 polyhouses or hoop houses used for propagating, growing, or

5 overwintering plants shall be considered farm machinery and

6 equipment under this item (11). Agricultural chemical tender

7 tanks and dry boxes shall include units sold separately from a

8 motor vehicle required to be licensed and units sold mounted

9 on a motor vehicle required to be licensed if the selling price

10 of the tender is separately stated.

11  Farm machinery and equipment shall include precision

12 farming equipment that is installed or purchased to be

13 installed on farm machinery and equipment, including, but not

14 limited to, tractors, harvesters, sprayers, planters, seeders,

15 or spreaders. Precision farming equipment includes, but is not

16 limited to, soil testing sensors, computers, monitors,

17 software, global positioning and mapping systems, and other

18 such equipment.

19  Farm machinery and equipment also includes computers,

20 sensors, software, and related equipment used primarily in the

21 computer-assisted operation of production agriculture

22 facilities, equipment, and activities such as, but not limited

23 to, the collection, monitoring, and correlation of animal and

24 crop data for the purpose of formulating animal diets and

25 agricultural chemicals.

26  Beginning on January 1, 2024, farm machinery and equipment
    SB2394 Enrolled     - 721 - LRB104 09208 AMC 19265 b

1 also includes electrical power generation equipment used

2 primarily for production agriculture.

3   This item (11) is exempt from the provisions of Section

4 3-90.

5   (12) Until June 30, 2013, fuel and petroleum products sold

6 to or used by an air common carrier, certified by the carrier

7 to be used for consumption, shipment, or storage in the

8 conduct of its business as an air common carrier, for a flight

9 destined for or returning from a location or locations outside

10 the United States without regard to previous or subsequent

11 domestic stopovers.

12  Beginning July 1, 2013, fuel and petroleum products sold

13 to or used by an air carrier, certified by the carrier to be

14 used for consumption, shipment, or storage in the conduct of

15 its business as an air common carrier, for a flight that (i) is

16 engaged in foreign trade or is engaged in trade between the

17 United States and any of its possessions and (ii) transports

18 at least one individual or package for hire from the city of

19 origination to the city of final destination on the same

20 aircraft, without regard to a change in the flight number of

21 that aircraft.

22  (13) Proceeds of mandatory service charges separately

23 stated on customers' bills for the purchase and consumption of

24 food and beverages purchased at retail from a retailer, to the

25 extent that the proceeds of the service charge are in fact

26 turned over as tips or as a substitute for tips to the
    SB2394 Enrolled  - 722 - LRB104 09208 AMC 19265 b

1 employees who participate directly in preparing, serving,

2 hosting or cleaning up the food or beverage function with

3 respect to which the service charge is imposed.

4   (14) Until July 1, 2003, oil field exploration, drilling,

5 and production equipment, including (i) rigs and parts of

6 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

7 pipe and tubular goods, including casing and drill strings,

8 (iii) pumps and pump-jack units, (iv) storage tanks and flow

9 lines, (v) any individual replacement part for oil field

10 exploration, drilling, and production equipment, and (vi)

11 machinery and equipment purchased for lease; but excluding

12 motor vehicles required to be registered under the Illinois

13 Vehicle Code.

14  (15) Photoprocessing machinery and equipment, including

15 repair and replacement parts, both new and used, including

16 that manufactured on special order, certified by the purchaser

17 to be used primarily for photoprocessing, and including

18 photoprocessing machinery and equipment purchased for lease.

19  (16) Until July 1, 2028, coal and aggregate exploration,

20 mining, off-highway hauling, processing, maintenance, and

21 reclamation equipment, including replacement parts and

22 equipment, and including equipment purchased for lease, but

23 excluding motor vehicles required to be registered under the

24 Illinois Vehicle Code. The changes made to this Section by

25 Public Act 97-767 apply on and after July 1, 2003, but no claim

26 for credit or refund is allowed on or after August 16, 2013
    SB2394 Enrolled  - 723 - LRB104 09208 AMC 19265 b

1 (the effective date of Public Act 98-456) for such taxes paid

2 during the period beginning July 1, 2003 and ending on August

3 16, 2013 (the effective date of Public Act 98-456).

4   (17) Until July 1, 2003, distillation machinery and

5 equipment, sold as a unit or kit, assembled or installed by the

6 retailer, certified by the user to be used only for the

7 production of ethyl alcohol that will be used for consumption

8 as motor fuel or as a component of motor fuel for the personal

9 use of the user, and not subject to sale or resale.

10  (18) Manufacturing and assembling machinery and equipment

11 used primarily in the process of manufacturing or assembling

12 tangible personal property for wholesale or retail sale or

13 lease, whether that sale or lease is made directly by the

14 manufacturer or by some other person, whether the materials

15 used in the process are owned by the manufacturer or some other

16 person, or whether that sale or lease is made apart from or as

17 an incident to the seller's engaging in the service occupation

18 of producing machines, tools, dies, jigs, patterns, gauges, or

19 other similar items of no commercial value on special order

20 for a particular purchaser. The exemption provided by this

21 paragraph (18) includes production related tangible personal

22 property, as defined in Section 3-50, purchased on or after

23 July 1, 2019. The exemption provided by this paragraph (18)

24 does not include machinery and equipment used in (i) the

25 generation of electricity for wholesale or retail sale; (ii)

26 the generation or treatment of natural or artificial gas for
    SB2394 Enrolled  - 724 - LRB104 09208 AMC 19265 b

1 wholesale or retail sale that is delivered to customers

2 through pipes, pipelines, or mains; or (iii) the treatment of

3 water for wholesale or retail sale that is delivered to

4 customers through pipes, pipelines, or mains. The provisions

5 of Public Act 98-583 are declaratory of existing law as to the

6 meaning and scope of this exemption. Beginning on July 1,

7 2017, the exemption provided by this paragraph (18) includes,

8 but is not limited to, graphic arts machinery and equipment,

9 as defined in paragraph (6) of this Section.

10  (19) Personal property delivered to a purchaser or

11 purchaser's donee inside Illinois when the purchase order for

12 that personal property was received by a florist located

13 outside Illinois who has a florist located inside Illinois

14 deliver the personal property.

15  (20) Semen used for artificial insemination of livestock

16 for direct agricultural production.

17  (21) Horses, or interests in horses, registered with and

18 meeting the requirements of any of the Arabian Horse Club

19 Registry of America, Appaloosa Horse Club, American Quarter

20 Horse Association, United States Trotting Association, or

21 Jockey Club, as appropriate, used for purposes of breeding or

22 racing for prizes. This item (21) is exempt from the

23 provisions of Section 3-90, and the exemption provided for

24 under this item (21) applies for all periods beginning May 30,

25 1995, but no claim for credit or refund is allowed on or after

26 January 1, 2008 for such taxes paid during the period
    SB2394 Enrolled  - 725 - LRB104 09208 AMC 19265 b

1 beginning May 30, 2000 and ending on January 1, 2008.

2   (22) Computers and communications equipment utilized for

3 any hospital purpose and equipment used in the diagnosis,

4 analysis, or treatment of hospital patients purchased by a

5 lessor who leases the equipment, under a lease of one year or

6 longer executed or in effect at the time the lessor would

7 otherwise be subject to the tax imposed by this Act, to a

8 hospital that has been issued an active tax exemption

9 identification number by the Department under Section 1g of

10 the Retailers' Occupation Tax Act. If the equipment is leased

11 in a manner that does not qualify for this exemption or is used

12 in any other non-exempt manner, the lessor shall be liable for

13 the tax imposed under this Act or the Service Use Tax Act, as

14 the case may be, based on the fair market value of the property

15 at the time the non-qualifying use occurs. No lessor shall

16 collect or attempt to collect an amount (however designated)

17 that purports to reimburse that lessor for the tax imposed by

18 this Act or the Service Use Tax Act, as the case may be, if the

19 tax has not been paid by the lessor. If a lessor improperly

20 collects any such amount from the lessee, the lessee shall

21 have a legal right to claim a refund of that amount from the

22 lessor. If, however, that amount is not refunded to the lessee

23 for any reason, the lessor is liable to pay that amount to the

24 Department.

25  (23) Personal property purchased by a lessor who leases

26 the property, under a lease of one year or longer executed or
    SB2394 Enrolled  - 726 - LRB104 09208 AMC 19265 b

1 in effect at the time the lessor would otherwise be subject to

2 the tax imposed by this Act, to a governmental body that has

3 been issued an active sales tax exemption identification

4 number by the Department under Section 1g of the Retailers'

5 Occupation Tax Act. If the property is leased in a manner that

6 does not qualify for this exemption or used in any other

7 non-exempt manner, the lessor shall be liable for the tax

8 imposed under this Act or the Service Use Tax Act, as the case

9 may be, based on the fair market value of the property at the

10 time the non-qualifying use occurs. No lessor shall collect or

11 attempt to collect an amount (however designated) that

12 purports to reimburse that lessor for the tax imposed by this

13 Act or the Service Use Tax Act, as the case may be, if the tax

14 has not been paid by the lessor. If a lessor improperly

15 collects any such amount from the lessee, the lessee shall

16 have a legal right to claim a refund of that amount from the

17 lessor. If, however, that amount is not refunded to the lessee

18 for any reason, the lessor is liable to pay that amount to the

19 Department.

20  (24) Beginning with taxable years ending on or after

21 December 31, 1995 and ending with taxable years ending on or

22 before December 31, 2004, personal property that is donated

23 for disaster relief to be used in a State or federally declared

24 disaster area in Illinois or bordering Illinois by a

25 manufacturer or retailer that is registered in this State to a

26 corporation, society, association, foundation, or institution
    SB2394 Enrolled             - 727 - LRB104 09208 AMC 19265 b

1 that has been issued a sales tax exemption identification

2 number by the Department that assists victims of the disaster

3 who reside within the declared disaster area.

4   (25) Beginning with taxable years ending on or after

5 December 31, 1995 and ending with taxable years ending on or

6 before December 31, 2004, personal property that is used in

7 the performance of infrastructure repairs in this State,

8 including, but not limited to, municipal roads and streets,

9 access roads, bridges, sidewalks, waste disposal systems,

10 water and sewer line extensions, water distribution and

11 purification facilities, storm water drainage and retention

12 facilities, and sewage treatment facilities, resulting from a

13 State or federally declared disaster in Illinois or bordering

14 Illinois when such repairs are initiated on facilities located

15 in the declared disaster area within 6 months after the

16 disaster.

17  (26) Beginning July 1, 1999, game or game birds purchased

18 at a "game breeding and hunting preserve area" as that term is

19 used in the Wildlife Code. This paragraph is exempt from the

20 provisions of Section 3-90.

21  (27) A motor vehicle, as that term is defined in Section

22 1-146 of the Illinois Vehicle Code, that is donated to a

23 corporation, limited liability company, society, association,

24 foundation, or institution that is determined by the

25 Department to be organized and operated exclusively for

26 educational purposes. For purposes of this exemption, "a
    SB2394 Enrolled  - 728 - LRB104 09208 AMC 19265 b

1 corporation, limited liability company, society, association,

2 foundation, or institution organized and operated exclusively

3 for educational purposes" means all tax-supported public

4 schools, private schools that offer systematic instruction in

5 useful branches of learning by methods common to public

6 schools and that compare favorably in their scope and

7 intensity with the course of study presented in tax-supported

8 schools, and vocational or technical schools or institutes

9 organized and operated exclusively to provide a course of

10 study of not less than 6 weeks duration and designed to prepare

11 individuals to follow a trade or to pursue a manual,

12 technical, mechanical, industrial, business, or commercial

13 occupation.

14  (28) Beginning January 1, 2000, personal property,

15 including food, purchased through fundraising events for the

16 benefit of a public or private elementary or secondary school,

17 a group of those schools, or one or more school districts if

18 the events are sponsored by an entity recognized by the school

19 district that consists primarily of volunteers and includes

20 parents and teachers of the school children. This paragraph

21 does not apply to fundraising events (i) for the benefit of

22 private home instruction or (ii) for which the fundraising

23 entity purchases the personal property sold at the events from

24 another individual or entity that sold the property for the

25 purpose of resale by the fundraising entity and that profits

26 from the sale to the fundraising entity. This paragraph is
    SB2394 Enrolled  - 729 - LRB104 09208 AMC 19265 b

1 exempt from the provisions of Section 3-90.

2   (29) Beginning January 1, 2000 and through December 31,

3 2001, new or used automatic vending machines that prepare and

4 serve hot food and beverages, including coffee, soup, and

5 other items, and replacement parts for these machines.

6 Beginning January 1, 2002 and through June 30, 2003, machines

7 and parts for machines used in commercial, coin-operated

8 amusement and vending business if a use or occupation tax is

9 paid on the gross receipts derived from the use of the

10 commercial, coin-operated amusement and vending machines. This

11 paragraph is exempt from the provisions of Section 3-90.

12  (30) Beginning January 1, 2001 and through June 30, 2016,

13 food for human consumption that is to be consumed off the

14 premises where it is sold (other than alcoholic beverages,

15 soft drinks, and food that has been prepared for immediate

16 consumption) and prescription and nonprescription medicines,

17 drugs, medical appliances, and insulin, urine testing

18 materials, syringes, and needles used by diabetics, for human

19 use, when purchased for use by a person receiving medical

20 assistance under Article V of the Illinois Public Aid Code who

21 resides in a licensed long-term care facility, as defined in

22 the Nursing Home Care Act, or in a licensed facility as defined

23 in the ID/DD Community Care Act, the MC/DD Act, or the

24 Specialized Mental Health Rehabilitation Act of 2013.

25  (31) Beginning on August 2, 2001 (the effective date of

26 Public Act 92-227), computers and communications equipment
    SB2394 Enrolled  - 730 - LRB104 09208 AMC 19265 b

1 utilized for any hospital purpose and equipment used in the

2 diagnosis, analysis, or treatment of hospital patients

3 purchased by a lessor who leases the equipment, under a lease

4 of one year or longer executed or in effect at the time the

5 lessor would otherwise be subject to the tax imposed by this

6 Act, to a hospital that has been issued an active tax exemption

7 identification number by the Department under Section 1g of

8 the Retailers' Occupation Tax Act. If the equipment is leased

9 in a manner that does not qualify for this exemption or is used

10 in any other nonexempt manner, the lessor shall be liable for

11 the tax imposed under this Act or the Service Use Tax Act, as

12 the case may be, based on the fair market value of the property

13 at the time the nonqualifying use occurs. No lessor shall

14 collect or attempt to collect an amount (however designated)

15 that purports to reimburse that lessor for the tax imposed by

16 this Act or the Service Use Tax Act, as the case may be, if the

17 tax has not been paid by the lessor. If a lessor improperly

18 collects any such amount from the lessee, the lessee shall

19 have a legal right to claim a refund of that amount from the

20 lessor. If, however, that amount is not refunded to the lessee

21 for any reason, the lessor is liable to pay that amount to the

22 Department. This paragraph is exempt from the provisions of

23 Section 3-90.

24  (32) Beginning on August 2, 2001 (the effective date of

25 Public Act 92-227), personal property purchased by a lessor

26 who leases the property, under a lease of one year or longer
    SB2394 Enrolled  - 731 - LRB104 09208 AMC 19265 b

1 executed or in effect at the time the lessor would otherwise be

2 subject to the tax imposed by this Act, to a governmental body

3 that has been issued an active sales tax exemption

4 identification number by the Department under Section 1g of

5 the Retailers' Occupation Tax Act. If the property is leased

6 in a manner that does not qualify for this exemption or used in

7 any other nonexempt manner, the lessor shall be liable for the

8 tax imposed under this Act or the Service Use Tax Act, as the

9 case may be, based on the fair market value of the property at

10 the time the nonqualifying use occurs. No lessor shall collect

11 or attempt to collect an amount (however designated) that

12 purports to reimburse that lessor for the tax imposed by this

13 Act or the Service Use Tax Act, as the case may be, if the tax

14 has not been paid by the lessor. If a lessor improperly

15 collects any such amount from the lessee, the lessee shall

16 have a legal right to claim a refund of that amount from the

17 lessor. If, however, that amount is not refunded to the lessee

18 for any reason, the lessor is liable to pay that amount to the

19 Department. This paragraph is exempt from the provisions of

20 Section 3-90.

21  (33) On and after July 1, 2003 and through June 30, 2004,

22 the use in this State of motor vehicles of the second division

23 with a gross vehicle weight in excess of 8,000 pounds and that

24 are subject to the commercial distribution fee imposed under

25 Section 3-815.1 of the Illinois Vehicle Code. Beginning on

26 July 1, 2004 and through June 30, 2005, the use in this State
    SB2394 Enrolled  - 732 - LRB104 09208 AMC 19265 b

1 of motor vehicles of the second division: (i) with a gross

2 vehicle weight rating in excess of 8,000 pounds; (ii) that are

3 subject to the commercial distribution fee imposed under

4 Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

5 are primarily used for commercial purposes. Through June 30,

6 2005, this exemption applies to repair and replacement parts

7 added after the initial purchase of such a motor vehicle if

8 that motor vehicle is used in a manner that would qualify for

9 the rolling stock exemption otherwise provided for in this

10 Act. For purposes of this paragraph, the term "used for

11 commercial purposes" means the transportation of persons or

12 property in furtherance of any commercial or industrial

13 enterprise, whether for-hire or not.

14  (34) Beginning January 1, 2008, tangible personal property

15 used in the construction or maintenance of a community water

16 supply, as defined under Section 3.145 of the Environmental

17 Protection Act, that is operated by a not-for-profit

18 corporation that holds a valid water supply permit issued

19 under Title IV of the Environmental Protection Act. This

20 paragraph is exempt from the provisions of Section 3-90.

21  (35) Beginning January 1, 2010 and continuing through

22 December 31, 2029, materials, parts, equipment, components,

23 and furnishings incorporated into or upon an aircraft as part

24 of the modification, refurbishment, completion, replacement,

25 repair, or maintenance of the aircraft. This exemption

26 includes consumable supplies used in the modification,
    SB2394 Enrolled  - 733 - LRB104 09208 AMC 19265 b

1 refurbishment, completion, replacement, repair, and

2 maintenance of aircraft. However, until January 1, 2024, this

3 exemption excludes any materials, parts, equipment,

4 components, and consumable supplies used in the modification,

5 replacement, repair, and maintenance of aircraft engines or

6 power plants, whether such engines or power plants are

7 installed or uninstalled upon any such aircraft. "Consumable

8 supplies" include, but are not limited to, adhesive, tape,

9 sandpaper, general purpose lubricants, cleaning solution,

10 latex gloves, and protective films.

11  Beginning January 1, 2010 and continuing through December

12 31, 2023, this exemption applies only to the use of qualifying

13 tangible personal property by persons who modify, refurbish,

14 complete, repair, replace, or maintain aircraft and who (i)

15 hold an Air Agency Certificate and are empowered to operate an

16 approved repair station by the Federal Aviation

17 Administration, (ii) have a Class IV Rating, and (iii) conduct

18 operations in accordance with Part 145 of the Federal Aviation

19 Regulations. From January 1, 2024 through December 31, 2029,

20 this exemption applies only to the use of qualifying tangible

21 personal property by: (A) persons who modify, refurbish,

22 complete, repair, replace, or maintain aircraft and who (i)

23 hold an Air Agency Certificate and are empowered to operate an

24 approved repair station by the Federal Aviation

25 Administration, (ii) have a Class IV Rating, and (iii) conduct

26 operations in accordance with Part 145 of the Federal Aviation
    SB2394 Enrolled  - 734 - LRB104 09208 AMC 19265 b

1 Regulations; and (B) persons who engage in the modification,

2 replacement, repair, and maintenance of aircraft engines or

3 power plants without regard to whether or not those persons

4 meet the qualifications of item (A).

5   The exemption does not include aircraft operated by a

6 commercial air carrier providing scheduled passenger air

7 service pursuant to authority issued under Part 121 or Part

8 129 of the Federal Aviation Regulations. The changes made to

9 this paragraph (35) by Public Act 98-534 are declarative of

10 existing law. It is the intent of the General Assembly that the

11 exemption under this paragraph (35) applies continuously from

12 January 1, 2010 through December 31, 2024; however, no claim

13 for credit or refund is allowed for taxes paid as a result of

14 the disallowance of this exemption on or after January 1, 2015

15 and prior to February 5, 2020 (the effective date of Public Act

16 101-629).

17  (36) Tangible personal property purchased by a

18 public-facilities corporation, as described in Section

19 11-65-10 of the Illinois Municipal Code, for purposes of

20 constructing or furnishing a municipal convention hall, but

21 only if the legal title to the municipal convention hall is

22 transferred to the municipality without any further

23 consideration by or on behalf of the municipality at the time

24 of the completion of the municipal convention hall or upon the

25 retirement or redemption of any bonds or other debt

26 instruments issued by the public-facilities corporation in
    SB2394 Enrolled  - 735 - LRB104 09208 AMC 19265 b

1 connection with the development of the municipal convention

2 hall. This exemption includes existing public-facilities

3 corporations as provided in Section 11-65-25 of the Illinois

4 Municipal Code. This paragraph is exempt from the provisions

5 of Section 3-90.

6   (37) Beginning January 1, 2017 and through December 31,

7 2026, menstrual pads, tampons, and menstrual cups.

8   (38) Merchandise that is subject to the Rental Purchase

9 Agreement Occupation and Use Tax. The purchaser must certify

10 that the item is purchased to be rented subject to a

11 rental-purchase agreement, as defined in the Rental-Purchase

12 Agreement Act, and provide proof of registration under the

13 Rental Purchase Agreement Occupation and Use Tax Act. This

14 paragraph is exempt from the provisions of Section 3-90.

15  (39) Tangible personal property purchased by a purchaser

16 who is exempt from the tax imposed by this Act by operation of

17 federal law. This paragraph is exempt from the provisions of

18 Section 3-90.

19  (40) Qualified tangible personal property used in the

20 construction or operation of a data center that has been

21 granted a certificate of exemption by the Department of

22 Commerce and Economic Opportunity, whether that tangible

23 personal property is purchased by the owner, operator, or

24 tenant of the data center or by a contractor or subcontractor

25 of the owner, operator, or tenant. Data centers that would

26 have qualified for a certificate of exemption prior to January
    SB2394 Enrolled         - 736 - LRB104 09208 AMC 19265 b

1 1, 2020 had Public Act 101-31 been in effect may apply for and

2 obtain an exemption for subsequent purchases of computer

3 equipment or enabling software purchased or leased to upgrade,

4 supplement, or replace computer equipment or enabling software

5 purchased or leased in the original investment that would have

6 qualified.

7   The Department of Commerce and Economic Opportunity shall

8 grant a certificate of exemption under this item (40) to

9 qualified data centers as defined by Section 605-1025 of the

10 Department of Commerce and Economic Opportunity Law of the

11 Civil Administrative Code of Illinois.

12  For the purposes of this item (40):

13  "Data center" means a building or a series of

14  buildings rehabilitated or constructed to house working

15  servers in one physical location or multiple sites within

16  the State of Illinois.

17  "Qualified tangible personal property" means:

18  electrical systems and equipment; climate control and

19  chilling equipment and systems; mechanical systems and

20  equipment; monitoring and secure systems; emergency

21  generators; hardware; computers; servers; data storage

22  devices; network connectivity equipment; racks; cabinets;

23  telecommunications cabling infrastructure; raised floor

24  systems; peripheral components or systems; software;

25  mechanical, electrical, or plumbing systems; battery

26  systems; cooling systems and towers; temperature control
    SB2394 Enrolled         - 737 - LRB104 09208 AMC 19265 b

1   systems; other cabling; and other data center

2   infrastructure equipment and systems necessary to operate

3   qualified tangible personal property, including fixtures;

4   and component parts of any of the foregoing, including

5   installation, maintenance, repair, refurbishment, and

6   replacement of qualified tangible personal property to

7   generate, transform, transmit, distribute, or manage

8   electricity necessary to operate qualified tangible

9   personal property; and all other tangible personal

10  property that is essential to the operations of a computer

11  data center. The term "qualified tangible personal

12  property" also includes building materials physically

13  incorporated into the qualifying data center. To document

14  the exemption allowed under this Section, the retailer

15  must obtain from the purchaser a copy of the certificate

16  of eligibility issued by the Department of Commerce and

17  Economic Opportunity.

18  This item (40) is exempt from the provisions of Section

19 3-90.

20  (41) Beginning July 1, 2022, breast pumps, breast pump

21 collection and storage supplies, and breast pump kits. This

22 item (41) is exempt from the provisions of Section 3-90. As

23 used in this item (41):

24        "Breast pump" means an electrically controlled or

25  manually controlled pump device designed or marketed to be

26  used to express milk from a human breast during lactation,
    SB2394 Enrolled     - 738 - LRB104 09208 AMC 19265 b

1   including the pump device and any battery, AC adapter, or

2   other power supply unit that is used to power the pump

3   device and is packaged and sold with the pump device at the

4   time of sale.

5   "Breast pump collection and storage supplies" means

6   items of tangible personal property designed or marketed

7   to be used in conjunction with a breast pump to collect

8   milk expressed from a human breast and to store collected

9   milk until it is ready for consumption.

10  "Breast pump collection and storage supplies"

11  includes, but is not limited to: breast shields and breast

12  shield connectors; breast pump tubes and tubing adapters;

13  breast pump valves and membranes; backflow protectors and

14  backflow protector adaptors; bottles and bottle caps

15  specific to the operation of the breast pump; and breast

16  milk storage bags.

17  "Breast pump collection and storage supplies" does not

18  include: (1) bottles and bottle caps not specific to the

19  operation of the breast pump; (2) breast pump travel bags

20  and other similar carrying accessories, including ice

21  packs, labels, and other similar products; (3) breast pump

22  cleaning supplies; (4) nursing bras, bra pads, breast

23  shells, and other similar products; and (5) creams,

24  ointments, and other similar products that relieve

25  breastfeeding-related symptoms or conditions of the

26  breasts or nipples, unless sold as part of a breast pump
    SB2394 Enrolled  - 739 - LRB104 09208 AMC 19265 b

1   kit that is pre-packaged by the breast pump manufacturer

2   or distributor.

3   "Breast pump kit" means a kit that: (1) contains no

4   more than a breast pump, breast pump collection and

5   storage supplies, a rechargeable battery for operating the

6   breast pump, a breastmilk cooler, bottle stands, ice

7   packs, and a breast pump carrying case; and (2) is

8   pre-packaged as a breast pump kit by the breast pump

9   manufacturer or distributor.

10  (42) Tangible personal property sold by or on behalf of

11 the State Treasurer pursuant to the Revised Uniform Unclaimed

12 Property Act. This item (42) is exempt from the provisions of

13 Section 3-90.

14  (43) Beginning on January 1, 2024, tangible personal

15 property purchased by an active duty member of the armed

16 forces of the United States who presents valid military

17 identification and purchases the property using a form of

18 payment where the federal government is the payor. The member

19 of the armed forces must complete, at the point of sale, a form

20 prescribed by the Department of Revenue documenting that the

21 transaction is eligible for the exemption under this

22 paragraph. Retailers must keep the form as documentation of

23 the exemption in their records for a period of not less than 6

24 years. "Armed forces of the United States" means the United

25 States Army, Navy, Air Force, Space Force, Marine Corps, or

26 Coast Guard. This paragraph is exempt from the provisions of
    SB2394 Enrolled             - 740 - LRB104 09208 AMC 19265 b

1 Section 3-90.

2   (44) Beginning July 1, 2024, home-delivered meals provided

3 to Medicare or Medicaid recipients when payment is made by an

4 intermediary, such as a Medicare Administrative Contractor, a

5 Managed Care Organization, or a Medicare Advantage

6 Organization, pursuant to a government contract. This item

7 (44) is exempt from the provisions of Section 3-90.

8   (45) (44) Beginning on January 1, 2026, as further defined

9 in Section 3-10, food for human consumption that is to be

10 consumed off the premises where it is sold (other than

11 alcoholic beverages, food consisting of or infused with adult

12 use cannabis, soft drinks, candy, and food that has been

13 prepared for immediate consumption). This item (45) (44) is

14 exempt from the provisions of Section 3-90.

15  (46) (44) Use by the lessee of the following leased

16 tangible personal property:

17  (1) software transferred subject to a license that

18  meets the following requirements:

19  (A) it is evidenced by a written agreement signed

20  by the licensor and the customer;

21                   (i) an electronic agreement in which the

22  customer accepts the license by means of an

23  electronic signature that is verifiable and can be

24  authenticated and is attached to or made part of

25  the license will comply with this requirement;

26                   (ii) a license agreement in which the customer
    SB2394 Enrolled    - 741 - LRB104 09208 AMC 19265 b

1   electronically accepts the terms by clicking "I

2   agree" does not comply with this requirement;

3   (B) it restricts the customer's duplication and

4   use of the software;

5   (C) it prohibits the customer from licensing,

6   sublicensing, or transferring the software to a third

7   party (except to a related party) without the

8   permission and continued control of the licensor;

9   (D) the licensor has a policy of providing another

10  copy at minimal or no charge if the customer loses or

11  damages the software, or of permitting the licensee to

12  make and keep an archival copy, and such policy is

13  either stated in the license agreement, supported by

14  the licensor's books and records, or supported by a

15  notarized statement made under penalties of perjury by

16  the licensor; and

17  (E) the customer must destroy or return all copies

18  of the software to the licensor at the end of the

19  license period; this provision is deemed to be met, in

20  the case of a perpetual license, without being set

21  forth in the license agreement; and

22  (2) property that is subject to a tax on lease

23  receipts imposed by a home rule unit of local government

24  if the ordinance imposing that tax was adopted prior to

25  January 1, 2023.

26 (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
   SB2394 Enrolled  - 742 - LRB104 09208 AMC 19265 b

1 Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5,
2 eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
3 Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5,
4 eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
5 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff.
6 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; revised
7 11-26-24.)

8  (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10

9  Sec. 3-10. Rate of tax. Unless otherwise provided in this

10 Section, the tax imposed by this Act is at the rate of 6.25% of

11 either the selling price or the fair market value, if any, of

12 the tangible personal property, which, on and after January 1,

13 2025, includes leases of tangible personal property. In all

14 cases where property functionally used or consumed is the same

15 as the property that was purchased at retail, then the tax is

16 imposed on the selling price of the property. In all cases

17 where property functionally used or consumed is a by-product

18 or waste product that has been refined, manufactured, or

19 produced from property purchased at retail, then the tax is

20 imposed on the lower of the fair market value, if any, of the

21 specific property so used in this State or on the selling price

22 of the property purchased at retail. For purposes of this

23 Section "fair market value" means the price at which property

24 would change hands between a willing buyer and a willing

25 seller, neither being under any compulsion to buy or sell and
    SB2394 Enrolled       - 743 - LRB104 09208 AMC 19265 b

1 both having reasonable knowledge of the relevant facts. The

2 fair market value shall be established by Illinois sales by

3 the taxpayer of the same property as that functionally used or

4 consumed, or if there are no such sales by the taxpayer, then

5 comparable sales or purchases of property of like kind and

6 character in Illinois.

7   Beginning on July 1, 2000 and through December 31, 2000,

8 with respect to motor fuel, as defined in Section 1.1 of the

9 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

10 the Use Tax Act, the tax is imposed at the rate of 1.25%.

11  Beginning on August 6, 2010 through August 15, 2010, and

12 beginning again on August 5, 2022 through August 14, 2022,

13 with respect to sales tax holiday items as defined in Section

14 3-6 of this Act, the tax is imposed at the rate of 1.25%.

15  With respect to gasohol, the tax imposed by this Act

16 applies to (i) 70% of the proceeds of sales made on or after

17 January 1, 1990, and before July 1, 2003, (ii) 80% of the

18 proceeds of sales made on or after July 1, 2003 and on or

19 before July 1, 2017, (iii) 100% of the proceeds of sales made

20 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

21 the proceeds of sales made on or after January 1, 2024 and on

22 or before December 31, 2028, and (v) 100% of the proceeds of

23 sales made after December 31, 2028. If, at any time, however,

24 the tax under this Act on sales of gasohol is imposed at the

25 rate of 1.25%, then the tax imposed by this Act applies to 100%

26 of the proceeds of sales of gasohol made during that time.
    SB2394 Enrolled  - 744 - LRB104 09208 AMC 19265 b

1   With respect to mid-range ethanol blends, the tax imposed

2 by this Act applies to (i) 80% of the proceeds of sales made on

3 or after January 1, 2024 and on or before December 31, 2028 and

4 (ii) 100% of the proceeds of sales made thereafter. If, at any

5 time, however, the tax under this Act on sales of mid-range

6 ethanol blends is imposed at the rate of 1.25%, then the tax

7 imposed by this Act applies to 100% of the proceeds of sales of

8 mid-range ethanol blends made during that time.

9   With respect to majority blended ethanol fuel, the tax

10 imposed by this Act does not apply to the proceeds of sales

11 made on or after July 1, 2003 and on or before December 31,

12 2028 but applies to 100% of the proceeds of sales made

13 thereafter.

14  With respect to biodiesel blends with no less than 1% and

15 no more than 10% biodiesel, the tax imposed by this Act applies

16 to (i) 80% of the proceeds of sales made on or after July 1,

17 2003 and on or before December 31, 2018 and (ii) 100% of the

18 proceeds of sales made after December 31, 2018 and before

19 January 1, 2024. On and after January 1, 2024 and on or before

20 December 31, 2030, the taxation of biodiesel, renewable

21 diesel, and biodiesel blends shall be as provided in Section

22 3-5.1. If, at any time, however, the tax under this Act on

23 sales of biodiesel blends with no less than 1% and no more than

24 10% biodiesel is imposed at the rate of 1.25%, then the tax

25 imposed by this Act applies to 100% of the proceeds of sales of

26 biodiesel blends with no less than 1% and no more than 10%
   SB2394 Enrolled       - 745 - LRB104 09208 AMC 19265 b

1 biodiesel made during that time.

2  With respect to biodiesel and biodiesel blends with more

3 than 10% but no more than 99% biodiesel, the tax imposed by

4 this Act does not apply to the proceeds of sales made on or

5 after July 1, 2003 and on or before December 31, 2023. On and

6 after January 1, 2024 and on or before December 31, 2030, the

7 taxation of biodiesel, renewable diesel, and biodiesel blends

8 shall be as provided in Section 3-5.1.

9  Until July 1, 2022 and from July 1, 2023 through December

10 31, 2025, with respect to food for human consumption that is to

11 be consumed off the premises where it is sold (other than

12 alcoholic beverages, food consisting of or infused with adult

13 use cannabis, soft drinks, and food that has been prepared for

14 immediate consumption), the tax is imposed at the rate of 1%.

15 Beginning on July 1, 2022 and until July 1, 2023, with respect

16 to food for human consumption that is to be consumed off the

17 premises where it is sold (other than alcoholic beverages,

18 food consisting of or infused with adult use cannabis, soft

19 drinks, and food that has been prepared for immediate

20 consumption), the tax is imposed at the rate of 0%. On and

21 after January 1, 2026, food for human consumption that is to be

22 consumed off the premises where it is sold (other than

23 alcoholic beverages, food consisting of or infused with adult

24 use cannabis, soft drinks, candy, and food that has been

25 prepared for immediate consumption) is exempt from the tax

26 imposed by this Act.
    SB2394 Enrolled  - 746 - LRB104 09208 AMC 19265 b

1   With respect to prescription and nonprescription

2 medicines, drugs, medical appliances, products classified as

3 Class III medical devices by the United States Food and Drug

4 Administration that are used for cancer treatment pursuant to

5 a prescription, as well as any accessories and components

6 related to those devices, modifications to a motor vehicle for

7 the purpose of rendering it usable by a person with a

8 disability, and insulin, blood sugar testing materials,

9 syringes, and needles used by human diabetics, the tax is

10 imposed at the rate of 1%. For the purposes of this Section,

11 until September 1, 2009: the term "soft drinks" means any

12 complete, finished, ready-to-use, non-alcoholic drink, whether

13 carbonated or not, including, but not limited to, soda water,

14 cola, fruit juice, vegetable juice, carbonated water, and all

15 other preparations commonly known as soft drinks of whatever

16 kind or description that are contained in any closed or sealed

17 bottle, can, carton, or container, regardless of size; but

18 "soft drinks" does not include coffee, tea, non-carbonated

19 water, infant formula, milk or milk products as defined in the

20 Grade A Pasteurized Milk and Milk Products Act, or drinks

21 containing 50% or more natural fruit or vegetable juice.

22  Notwithstanding any other provisions of this Act,

23 beginning September 1, 2009, "soft drinks" means non-alcoholic

24 beverages that contain natural or artificial sweeteners. "Soft

25 drinks" does not include beverages that contain milk or milk

26 products, soy, rice or similar milk substitutes, or greater
    SB2394 Enrolled  - 747 - LRB104 09208 AMC 19265 b

1 than 50% of vegetable or fruit juice by volume.

2   Until August 1, 2009, and notwithstanding any other

3 provisions of this Act, "food for human consumption that is to

4 be consumed off the premises where it is sold" includes all

5 food sold through a vending machine, except soft drinks and

6 food products that are dispensed hot from a vending machine,

7 regardless of the location of the vending machine. Beginning

8 August 1, 2009, and notwithstanding any other provisions of

9 this Act, "food for human consumption that is to be consumed

10 off the premises where it is sold" includes all food sold

11 through a vending machine, except soft drinks, candy, and food

12 products that are dispensed hot from a vending machine,

13 regardless of the location of the vending machine.

14  Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "food for human consumption that

16 is to be consumed off the premises where it is sold" does not

17 include candy. For purposes of this Section, "candy" means a

18 preparation of sugar, honey, or other natural or artificial

19 sweeteners in combination with chocolate, fruits, nuts or

20 other ingredients or flavorings in the form of bars, drops, or

21 pieces. "Candy" does not include any preparation that contains

22 flour or requires refrigeration.

23  Notwithstanding any other provisions of this Act,

24 beginning September 1, 2009, "nonprescription medicines and

25 drugs" does not include grooming and hygiene products. For

26 purposes of this Section, "grooming and hygiene products"
    SB2394 Enrolled       - 748 - LRB104 09208 AMC 19265 b

1 includes, but is not limited to, soaps and cleaning solutions,

2 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

3 lotions and screens, unless those products are available by

4 prescription only, regardless of whether the products meet the

5 definition of "over-the-counter-drugs". For the purposes of

6 this paragraph, "over-the-counter-drug" means a drug for human

7 use that contains a label that identifies the product as a drug

8 as required by 21 CFR 201.66. The "over-the-counter-drug"

9 label includes:

10  (A) a "Drug Facts" panel; or

11  (B) a statement of the "active ingredient(s)" with a

12  list of those ingredients contained in the compound,

13  substance or preparation.

14  Beginning on January 1, 2014 (the effective date of Public

15 Act 98-122), "prescription and nonprescription medicines and

16 drugs" includes medical cannabis purchased from a registered

17 dispensing organization under the Compassionate Use of Medical

18 Cannabis Program Act.

19  As used in this Section, "adult use cannabis" means

20 cannabis subject to tax under the Cannabis Cultivation

21 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

22 and does not include cannabis subject to tax under the

23 Compassionate Use of Medical Cannabis Program Act.

24  If the property that is purchased at retail from a

25 retailer is acquired outside Illinois and used outside

26 Illinois before being brought to Illinois for use here and is
    SB2394 Enrolled    - 749 - LRB104 09208 AMC 19265 b

 1 taxable under this Act, the "selling price" on which the tax is
 2 computed shall be reduced by an amount that represents a
 3 reasonable allowance for depreciation for the period of prior
 4 out-of-state use. No depreciation is allowed in cases where
 5 the tax under this Act is imposed on lease receipts.
 6 (Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20,
 7 Section 20-5, eff. 4-19-22; 102-700, Article 60, Section
 8 60-15, eff. 4-19-22; 102-700, Article 65, Section 65-5, eff.
 9 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592,
10 eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)

11  Section 295. The Service Use Tax Act is amended by

12 changing Sections 3-5, 3-10, and 9 as follows:

13  (35 ILCS 110/3-5)

14  Sec. 3-5. Exemptions. Use of the following tangible

15 personal property is exempt from the tax imposed by this Act:

16  (1) Personal property purchased from a corporation,

17 society, association, foundation, institution, or

18 organization, other than a limited liability company, that is

19 organized and operated as a not-for-profit service enterprise

20 for the benefit of persons 65 years of age or older if the

21 personal property was not purchased by the enterprise for the

22 purpose of resale by the enterprise.

23  (2) Personal property purchased by a non-profit Illinois

24 county fair association for use in conducting, operating, or
    SB2394 Enrolled           - 750 - LRB104 09208 AMC 19265 b

1 promoting the county fair.

2   (3) Personal property purchased by a not-for-profit arts

3 or cultural organization that establishes, by proof required

4 by the Department by rule, that it has received an exemption

5 under Section 501(c)(3) of the Internal Revenue Code and that

6 is organized and operated primarily for the presentation or

7 support of arts or cultural programming, activities, or

8 services. These organizations include, but are not limited to,

9 music and dramatic arts organizations such as symphony

10 orchestras and theatrical groups, arts and cultural service

11 organizations, local arts councils, visual arts organizations,

12 and media arts organizations. On and after July 1, 2001 (the

13 effective date of Public Act 92-35), however, an entity

14 otherwise eligible for this exemption shall not make tax-free

15 purchases unless it has an active identification number issued

16 by the Department.

17  (4) Legal tender, currency, medallions, or gold or silver

18 coinage issued by the State of Illinois, the government of the

19 United States of America, or the government of any foreign

20 country, and bullion.

21  (5) Until July 1, 2003 and beginning again on September 1,

22 2004 through August 30, 2014, graphic arts machinery and

23 equipment, including repair and replacement parts, both new

24 and used, and including that manufactured on special order or

25 purchased for lease, certified by the purchaser to be used

26 primarily for graphic arts production. Equipment includes
    SB2394 Enrolled  - 751 - LRB104 09208 AMC 19265 b

1 chemicals or chemicals acting as catalysts but only if the

2 chemicals or chemicals acting as catalysts effect a direct and

3 immediate change upon a graphic arts product. Beginning on

4 July 1, 2017, graphic arts machinery and equipment is included

5 in the manufacturing and assembling machinery and equipment

6 exemption under Section 2 of this Act.

7   (6) Personal property purchased from a teacher-sponsored

8 student organization affiliated with an elementary or

9 secondary school located in Illinois.

10  (7) Farm machinery and equipment, both new and used,

11 including that manufactured on special order, certified by the

12 purchaser to be used primarily for production agriculture or

13 State or federal agricultural programs, including individual

14 replacement parts for the machinery and equipment, including

15 machinery and equipment purchased for lease, and including

16 implements of husbandry defined in Section 1-130 of the

17 Illinois Vehicle Code, farm machinery and agricultural

18 chemical and fertilizer spreaders, and nurse wagons required

19 to be registered under Section 3-809 of the Illinois Vehicle

20 Code, but excluding other motor vehicles required to be

21 registered under the Illinois Vehicle Code. Horticultural

22 polyhouses or hoop houses used for propagating, growing, or

23 overwintering plants shall be considered farm machinery and

24 equipment under this item (7). Agricultural chemical tender

25 tanks and dry boxes shall include units sold separately from a

26 motor vehicle required to be licensed and units sold mounted
    SB2394 Enrolled         - 752 - LRB104 09208 AMC 19265 b

1 on a motor vehicle required to be licensed if the selling price

2 of the tender is separately stated.

3   Farm machinery and equipment shall include precision

4 farming equipment that is installed or purchased to be

5 installed on farm machinery and equipment, including, but not

6 limited to, tractors, harvesters, sprayers, planters, seeders,

7 or spreaders. Precision farming equipment includes, but is not

8 limited to, soil testing sensors, computers, monitors,

9 software, global positioning and mapping systems, and other

10 such equipment.

11  Farm machinery and equipment also includes computers,

12 sensors, software, and related equipment used primarily in the

13 computer-assisted operation of production agriculture

14 facilities, equipment, and activities such as, but not limited

15 to, the collection, monitoring, and correlation of animal and

16 crop data for the purpose of formulating animal diets and

17 agricultural chemicals.

18  Beginning on January 1, 2024, farm machinery and equipment

19 also includes electrical power generation equipment used

20 primarily for production agriculture.

21  This item (7) is exempt from the provisions of Section

22 3-75.

23  (8) Until June 30, 2013, fuel and petroleum products sold

24 to or used by an air common carrier, certified by the carrier

25 to be used for consumption, shipment, or storage in the

26 conduct of its business as an air common carrier, for a flight
    SB2394 Enrolled    - 753 - LRB104 09208 AMC 19265 b

1 destined for or returning from a location or locations outside

2 the United States without regard to previous or subsequent

3 domestic stopovers.

4   Beginning July 1, 2013, fuel and petroleum products sold

5 to or used by an air carrier, certified by the carrier to be

6 used for consumption, shipment, or storage in the conduct of

7 its business as an air common carrier, for a flight that (i) is

8 engaged in foreign trade or is engaged in trade between the

9 United States and any of its possessions and (ii) transports

10 at least one individual or package for hire from the city of

11 origination to the city of final destination on the same

12 aircraft, without regard to a change in the flight number of

13 that aircraft.

14  (9) Proceeds of mandatory service charges separately

15 stated on customers' bills for the purchase and consumption of

16 food and beverages acquired as an incident to the purchase of a

17 service from a serviceman, to the extent that the proceeds of

18 the service charge are in fact turned over as tips or as a

19 substitute for tips to the employees who participate directly

20 in preparing, serving, hosting or cleaning up the food or

21 beverage function with respect to which the service charge is

22 imposed.

23  (10) Until July 1, 2003, oil field exploration, drilling,

24 and production equipment, including (i) rigs and parts of

25 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

26 pipe and tubular goods, including casing and drill strings,
    SB2394 Enrolled  - 754 - LRB104 09208 AMC 19265 b

1 (iii) pumps and pump-jack units, (iv) storage tanks and flow

2 lines, (v) any individual replacement part for oil field

3 exploration, drilling, and production equipment, and (vi)

4 machinery and equipment purchased for lease; but excluding

5 motor vehicles required to be registered under the Illinois

6 Vehicle Code.

7   (11) Proceeds from the sale of photoprocessing machinery

8 and equipment, including repair and replacement parts, both

9 new and used, including that manufactured on special order,

10 certified by the purchaser to be used primarily for

11 photoprocessing, and including photoprocessing machinery and

12 equipment purchased for lease.

13  (12) Until July 1, 2028, coal and aggregate exploration,

14 mining, off-highway hauling, processing, maintenance, and

15 reclamation equipment, including replacement parts and

16 equipment, and including equipment purchased for lease, but

17 excluding motor vehicles required to be registered under the

18 Illinois Vehicle Code. The changes made to this Section by

19 Public Act 97-767 apply on and after July 1, 2003, but no claim

20 for credit or refund is allowed on or after August 16, 2013

21 (the effective date of Public Act 98-456) for such taxes paid

22 during the period beginning July 1, 2003 and ending on August

23 16, 2013 (the effective date of Public Act 98-456).

24  (13) Semen used for artificial insemination of livestock

25 for direct agricultural production.

26  (14) Horses, or interests in horses, registered with and
    SB2394 Enrolled  - 755 - LRB104 09208 AMC 19265 b

1 meeting the requirements of any of the Arabian Horse Club

2 Registry of America, Appaloosa Horse Club, American Quarter

3 Horse Association, United States Trotting Association, or

4 Jockey Club, as appropriate, used for purposes of breeding or

5 racing for prizes. This item (14) is exempt from the

6 provisions of Section 3-75, and the exemption provided for

7 under this item (14) applies for all periods beginning May 30,

8 1995, but no claim for credit or refund is allowed on or after

9 January 1, 2008 (the effective date of Public Act 95-88) for

10 such taxes paid during the period beginning May 30, 2000 and

11 ending on January 1, 2008 (the effective date of Public Act

12 95-88).

13  (15) Computers and communications equipment utilized for

14 any hospital purpose and equipment used in the diagnosis,

15 analysis, or treatment of hospital patients purchased by a

16 lessor who leases the equipment, under a lease of one year or

17 longer executed or in effect at the time the lessor would

18 otherwise be subject to the tax imposed by this Act, to a

19 hospital that has been issued an active tax exemption

20 identification number by the Department under Section 1g of

21 the Retailers' Occupation Tax Act. If the equipment is leased

22 in a manner that does not qualify for this exemption or is used

23 in any other non-exempt manner, the lessor shall be liable for

24 the tax imposed under this Act or the Use Tax Act, as the case

25 may be, based on the fair market value of the property at the

26 time the non-qualifying use occurs. No lessor shall collect or
    SB2394 Enrolled  - 756 - LRB104 09208 AMC 19265 b

1 attempt to collect an amount (however designated) that

2 purports to reimburse that lessor for the tax imposed by this

3 Act or the Use Tax Act, as the case may be, if the tax has not

4 been paid by the lessor. If a lessor improperly collects any

5 such amount from the lessee, the lessee shall have a legal

6 right to claim a refund of that amount from the lessor. If,

7 however, that amount is not refunded to the lessee for any

8 reason, the lessor is liable to pay that amount to the

9 Department.

10  (16) Personal property purchased by a lessor who leases

11 the property, under a lease of one year or longer executed or

12 in effect at the time the lessor would otherwise be subject to

13 the tax imposed by this Act, to a governmental body that has

14 been issued an active tax exemption identification number by

15 the Department under Section 1g of the Retailers' Occupation

16 Tax Act. If the property is leased in a manner that does not

17 qualify for this exemption or is used in any other non-exempt

18 manner, the lessor shall be liable for the tax imposed under

19 this Act or the Use Tax Act, as the case may be, based on the

20 fair market value of the property at the time the

21 non-qualifying use occurs. No lessor shall collect or attempt

22 to collect an amount (however designated) that purports to

23 reimburse that lessor for the tax imposed by this Act or the

24 Use Tax Act, as the case may be, if the tax has not been paid

25 by the lessor. If a lessor improperly collects any such amount

26 from the lessee, the lessee shall have a legal right to claim a
    SB2394 Enrolled  - 757 - LRB104 09208 AMC 19265 b

1 refund of that amount from the lessor. If, however, that

2 amount is not refunded to the lessee for any reason, the lessor

3 is liable to pay that amount to the Department.

4   (17) Beginning with taxable years ending on or after

5 December 31, 1995 and ending with taxable years ending on or

6 before December 31, 2004, personal property that is donated

7 for disaster relief to be used in a State or federally declared

8 disaster area in Illinois or bordering Illinois by a

9 manufacturer or retailer that is registered in this State to a

10 corporation, society, association, foundation, or institution

11 that has been issued a sales tax exemption identification

12 number by the Department that assists victims of the disaster

13 who reside within the declared disaster area.

14  (18) Beginning with taxable years ending on or after

15 December 31, 1995 and ending with taxable years ending on or

16 before December 31, 2004, personal property that is used in

17 the performance of infrastructure repairs in this State,

18 including, but not limited to, municipal roads and streets,

19 access roads, bridges, sidewalks, waste disposal systems,

20 water and sewer line extensions, water distribution and

21 purification facilities, storm water drainage and retention

22 facilities, and sewage treatment facilities, resulting from a

23 State or federally declared disaster in Illinois or bordering

24 Illinois when such repairs are initiated on facilities located

25 in the declared disaster area within 6 months after the

26 disaster.
    SB2394 Enrolled            - 758 - LRB104 09208 AMC 19265 b

1   (19) Beginning July 1, 1999, game or game birds purchased

2 at a "game breeding and hunting preserve area" as that term is

3 used in the Wildlife Code. This paragraph is exempt from the

4 provisions of Section 3-75.

5   (20) A motor vehicle, as that term is defined in Section

6 1-146 of the Illinois Vehicle Code, that is donated to a

7 corporation, limited liability company, society, association,

8 foundation, or institution that is determined by the

9 Department to be organized and operated exclusively for

10 educational purposes. For purposes of this exemption, "a

11 corporation, limited liability company, society, association,

12 foundation, or institution organized and operated exclusively

13 for educational purposes" means all tax-supported public

14 schools, private schools that offer systematic instruction in

15 useful branches of learning by methods common to public

16 schools and that compare favorably in their scope and

17 intensity with the course of study presented in tax-supported

18 schools, and vocational or technical schools or institutes

19 organized and operated exclusively to provide a course of

20 study of not less than 6 weeks duration and designed to prepare

21 individuals to follow a trade or to pursue a manual,

22 technical, mechanical, industrial, business, or commercial

23 occupation.

24  (21) Beginning January 1, 2000, personal property,

25 including food, purchased through fundraising events for the

26 benefit of a public or private elementary or secondary school,
    SB2394 Enrolled  - 759 - LRB104 09208 AMC 19265 b

1 a group of those schools, or one or more school districts if

2 the events are sponsored by an entity recognized by the school

3 district that consists primarily of volunteers and includes

4 parents and teachers of the school children. This paragraph

5 does not apply to fundraising events (i) for the benefit of

6 private home instruction or (ii) for which the fundraising

7 entity purchases the personal property sold at the events from

8 another individual or entity that sold the property for the

9 purpose of resale by the fundraising entity and that profits

10 from the sale to the fundraising entity. This paragraph is

11 exempt from the provisions of Section 3-75.

12  (22) Beginning January 1, 2000 and through December 31,

13 2001, new or used automatic vending machines that prepare and

14 serve hot food and beverages, including coffee, soup, and

15 other items, and replacement parts for these machines.

16 Beginning January 1, 2002 and through June 30, 2003, machines

17 and parts for machines used in commercial, coin-operated

18 amusement and vending business if a use or occupation tax is

19 paid on the gross receipts derived from the use of the

20 commercial, coin-operated amusement and vending machines. This

21 paragraph is exempt from the provisions of Section 3-75.

22  (23) Beginning August 23, 2001 and through June 30, 2016,

23 food for human consumption that is to be consumed off the

24 premises where it is sold (other than alcoholic beverages,

25 soft drinks, and food that has been prepared for immediate

26 consumption) and prescription and nonprescription medicines,
   SB2394 Enrolled  - 760 - LRB104 09208 AMC 19265 b

1 drugs, medical appliances, and insulin, urine testing

2 materials, syringes, and needles used by diabetics, for human

3 use, when purchased for use by a person receiving medical

4 assistance under Article V of the Illinois Public Aid Code who

5 resides in a licensed long-term care facility, as defined in

6 the Nursing Home Care Act, or in a licensed facility as defined

7 in the ID/DD Community Care Act, the MC/DD Act, or the

8 Specialized Mental Health Rehabilitation Act of 2013.

9  (24) Beginning on August 2, 2001 (the effective date of

10 Public Act 92-227), computers and communications equipment

11 utilized for any hospital purpose and equipment used in the

12 diagnosis, analysis, or treatment of hospital patients

13 purchased by a lessor who leases the equipment, under a lease

14 of one year or longer executed or in effect at the time the

15 lessor would otherwise be subject to the tax imposed by this

16 Act, to a hospital that has been issued an active tax exemption

17 identification number by the Department under Section 1g of

18 the Retailers' Occupation Tax Act. If the equipment is leased

19 in a manner that does not qualify for this exemption or is used

20 in any other nonexempt manner, the lessor shall be liable for

21 the tax imposed under this Act or the Use Tax Act, as the case

22 may be, based on the fair market value of the property at the

23 time the nonqualifying use occurs. No lessor shall collect or

24 attempt to collect an amount (however designated) that

25 purports to reimburse that lessor for the tax imposed by this

26 Act or the Use Tax Act, as the case may be, if the tax has not
   SB2394 Enrolled  - 761 - LRB104 09208 AMC 19265 b

1 been paid by the lessor. If a lessor improperly collects any

2 such amount from the lessee, the lessee shall have a legal

3 right to claim a refund of that amount from the lessor. If,

4 however, that amount is not refunded to the lessee for any

5 reason, the lessor is liable to pay that amount to the

6 Department. This paragraph is exempt from the provisions of

7 Section 3-75.

8  (25) Beginning on August 2, 2001 (the effective date of

9 Public Act 92-227), personal property purchased by a lessor

10 who leases the property, under a lease of one year or longer

11 executed or in effect at the time the lessor would otherwise be

12 subject to the tax imposed by this Act, to a governmental body

13 that has been issued an active tax exemption identification

14 number by the Department under Section 1g of the Retailers'

15 Occupation Tax Act. If the property is leased in a manner that

16 does not qualify for this exemption or is used in any other

17 nonexempt manner, the lessor shall be liable for the tax

18 imposed under this Act or the Use Tax Act, as the case may be,

19 based on the fair market value of the property at the time the

20 nonqualifying use occurs. No lessor shall collect or attempt

21 to collect an amount (however designated) that purports to

22 reimburse that lessor for the tax imposed by this Act or the

23 Use Tax Act, as the case may be, if the tax has not been paid

24 by the lessor. If a lessor improperly collects any such amount

25 from the lessee, the lessee shall have a legal right to claim a

26 refund of that amount from the lessor. If, however, that
    SB2394 Enrolled  - 762 - LRB104 09208 AMC 19265 b

1 amount is not refunded to the lessee for any reason, the lessor

2 is liable to pay that amount to the Department. This paragraph

3 is exempt from the provisions of Section 3-75.

4   (26) Beginning January 1, 2008, tangible personal property

5 used in the construction or maintenance of a community water

6 supply, as defined under Section 3.145 of the Environmental

7 Protection Act, that is operated by a not-for-profit

8 corporation that holds a valid water supply permit issued

9 under Title IV of the Environmental Protection Act. This

10 paragraph is exempt from the provisions of Section 3-75.

11  (27) Beginning January 1, 2010 and continuing through

12 December 31, 2029, materials, parts, equipment, components,

13 and furnishings incorporated into or upon an aircraft as part

14 of the modification, refurbishment, completion, replacement,

15 repair, or maintenance of the aircraft. This exemption

16 includes consumable supplies used in the modification,

17 refurbishment, completion, replacement, repair, and

18 maintenance of aircraft. However, until January 1, 2024, this

19 exemption excludes any materials, parts, equipment,

20 components, and consumable supplies used in the modification,

21 replacement, repair, and maintenance of aircraft engines or

22 power plants, whether such engines or power plants are

23 installed or uninstalled upon any such aircraft. "Consumable

24 supplies" include, but are not limited to, adhesive, tape,

25 sandpaper, general purpose lubricants, cleaning solution,

26 latex gloves, and protective films.
    SB2394 Enrolled  - 763 - LRB104 09208 AMC 19265 b

1   Beginning January 1, 2010 and continuing through December

2 31, 2023, this exemption applies only to the use of qualifying

3 tangible personal property transferred incident to the

4 modification, refurbishment, completion, replacement, repair,

5 or maintenance of aircraft by persons who (i) hold an Air

6 Agency Certificate and are empowered to operate an approved

7 repair station by the Federal Aviation Administration, (ii)

8 have a Class IV Rating, and (iii) conduct operations in

9 accordance with Part 145 of the Federal Aviation Regulations.

10 From January 1, 2024 through December 31, 2029, this exemption

11 applies only to the use of qualifying tangible personal

12 property transferred incident to: (A) the modification,

13 refurbishment, completion, repair, replacement, or maintenance

14 of an aircraft by persons who (i) hold an Air Agency

15 Certificate and are empowered to operate an approved repair

16 station by the Federal Aviation Administration, (ii) have a

17 Class IV Rating, and (iii) conduct operations in accordance

18 with Part 145 of the Federal Aviation Regulations; and (B) the

19 modification, replacement, repair, and maintenance of aircraft

20 engines or power plants without regard to whether or not those

21 persons meet the qualifications of item (A).

22  The exemption does not include aircraft operated by a

23 commercial air carrier providing scheduled passenger air

24 service pursuant to authority issued under Part 121 or Part

25 129 of the Federal Aviation Regulations. The changes made to

26 this paragraph (27) by Public Act 98-534 are declarative of
    SB2394 Enrolled  - 764 - LRB104 09208 AMC 19265 b

1 existing law. It is the intent of the General Assembly that the

2 exemption under this paragraph (27) applies continuously from

3 January 1, 2010 through December 31, 2024; however, no claim

4 for credit or refund is allowed for taxes paid as a result of

5 the disallowance of this exemption on or after January 1, 2015

6 and prior to February 5, 2020 (the effective date of Public Act

7 101-629).

8   (28) Tangible personal property purchased by a

9 public-facilities corporation, as described in Section

10 11-65-10 of the Illinois Municipal Code, for purposes of

11 constructing or furnishing a municipal convention hall, but

12 only if the legal title to the municipal convention hall is

13 transferred to the municipality without any further

14 consideration by or on behalf of the municipality at the time

15 of the completion of the municipal convention hall or upon the

16 retirement or redemption of any bonds or other debt

17 instruments issued by the public-facilities corporation in

18 connection with the development of the municipal convention

19 hall. This exemption includes existing public-facilities

20 corporations as provided in Section 11-65-25 of the Illinois

21 Municipal Code. This paragraph is exempt from the provisions

22 of Section 3-75.

23  (29) Beginning January 1, 2017 and through December 31,

24 2026, menstrual pads, tampons, and menstrual cups.

25  (30) Tangible personal property transferred to a purchaser

26 who is exempt from the tax imposed by this Act by operation of
    SB2394 Enrolled         - 765 - LRB104 09208 AMC 19265 b

1 federal law. This paragraph is exempt from the provisions of

2 Section 3-75.

3   (31) Qualified tangible personal property used in the

4 construction or operation of a data center that has been

5 granted a certificate of exemption by the Department of

6 Commerce and Economic Opportunity, whether that tangible

7 personal property is purchased by the owner, operator, or

8 tenant of the data center or by a contractor or subcontractor

9 of the owner, operator, or tenant. Data centers that would

10 have qualified for a certificate of exemption prior to January

11 1, 2020 had Public Act 101-31 been in effect, may apply for and

12 obtain an exemption for subsequent purchases of computer

13 equipment or enabling software purchased or leased to upgrade,

14 supplement, or replace computer equipment or enabling software

15 purchased or leased in the original investment that would have

16 qualified.

17  The Department of Commerce and Economic Opportunity shall

18 grant a certificate of exemption under this item (31) to

19 qualified data centers as defined by Section 605-1025 of the

20 Department of Commerce and Economic Opportunity Law of the

21 Civil Administrative Code of Illinois.

22  For the purposes of this item (31):

23  "Data center" means a building or a series of

24  buildings rehabilitated or constructed to house working

25  servers in one physical location or multiple sites within

26  the State of Illinois.
    SB2394 Enrolled  - 766 - LRB104 09208 AMC 19265 b

1   "Qualified tangible personal property" means:

2   electrical systems and equipment; climate control and

3   chilling equipment and systems; mechanical systems and

4   equipment; monitoring and secure systems; emergency

5   generators; hardware; computers; servers; data storage

6   devices; network connectivity equipment; racks; cabinets;

7   telecommunications cabling infrastructure; raised floor

8   systems; peripheral components or systems; software;

9   mechanical, electrical, or plumbing systems; battery

10  systems; cooling systems and towers; temperature control

11  systems; other cabling; and other data center

12  infrastructure equipment and systems necessary to operate

13  qualified tangible personal property, including fixtures;

14  and component parts of any of the foregoing, including

15  installation, maintenance, repair, refurbishment, and

16  replacement of qualified tangible personal property to

17  generate, transform, transmit, distribute, or manage

18  electricity necessary to operate qualified tangible

19  personal property; and all other tangible personal

20  property that is essential to the operations of a computer

21  data center. The term "qualified tangible personal

22  property" also includes building materials physically

23  incorporated into the qualifying data center. To document

24  the exemption allowed under this Section, the retailer

25  must obtain from the purchaser a copy of the certificate

26  of eligibility issued by the Department of Commerce and
    SB2394 Enrolled        - 767 - LRB104 09208 AMC 19265 b

1   Economic Opportunity.

2   This item (31) is exempt from the provisions of Section

3 3-75.

4   (32) Beginning July 1, 2022, breast pumps, breast pump

5 collection and storage supplies, and breast pump kits. This

6 item (32) is exempt from the provisions of Section 3-75. As

7 used in this item (32):

8        "Breast pump" means an electrically controlled or

9   manually controlled pump device designed or marketed to be

10  used to express milk from a human breast during lactation,

11  including the pump device and any battery, AC adapter, or

12  other power supply unit that is used to power the pump

13  device and is packaged and sold with the pump device at the

14  time of sale.

15       "Breast pump collection and storage supplies" means

16  items of tangible personal property designed or marketed

17  to be used in conjunction with a breast pump to collect

18  milk expressed from a human breast and to store collected

19  milk until it is ready for consumption.

20       "Breast pump collection and storage supplies"

21  includes, but is not limited to: breast shields and breast

22  shield connectors; breast pump tubes and tubing adapters;

23  breast pump valves and membranes; backflow protectors and

24  backflow protector adaptors; bottles and bottle caps

25  specific to the operation of the breast pump; and breast

26  milk storage bags.
    SB2394 Enrolled  - 768 - LRB104 09208 AMC 19265 b

1   "Breast pump collection and storage supplies" does not

2   include: (1) bottles and bottle caps not specific to the

3   operation of the breast pump; (2) breast pump travel bags

4   and other similar carrying accessories, including ice

5   packs, labels, and other similar products; (3) breast pump

6   cleaning supplies; (4) nursing bras, bra pads, breast

7   shells, and other similar products; and (5) creams,

8   ointments, and other similar products that relieve

9   breastfeeding-related symptoms or conditions of the

10  breasts or nipples, unless sold as part of a breast pump

11  kit that is pre-packaged by the breast pump manufacturer

12  or distributor.

13  "Breast pump kit" means a kit that: (1) contains no

14  more than a breast pump, breast pump collection and

15  storage supplies, a rechargeable battery for operating the

16  breast pump, a breastmilk cooler, bottle stands, ice

17  packs, and a breast pump carrying case; and (2) is

18  pre-packaged as a breast pump kit by the breast pump

19  manufacturer or distributor.

20  (33) Tangible personal property sold by or on behalf of

21 the State Treasurer pursuant to the Revised Uniform Unclaimed

22 Property Act. This item (33) is exempt from the provisions of

23 Section 3-75.

24  (34) Beginning on January 1, 2024, tangible personal

25 property purchased by an active duty member of the armed

26 forces of the United States who presents valid military
    SB2394 Enrolled  - 769 - LRB104 09208 AMC 19265 b

1 identification and purchases the property using a form of

2 payment where the federal government is the payor. The member

3 of the armed forces must complete, at the point of sale, a form

4 prescribed by the Department of Revenue documenting that the

5 transaction is eligible for the exemption under this

6 paragraph. Retailers must keep the form as documentation of

7 the exemption in their records for a period of not less than 6

8 years. "Armed forces of the United States" means the United

9 States Army, Navy, Air Force, Space Force, Marine Corps, or

10 Coast Guard. This paragraph is exempt from the provisions of

11 Section 3-75.

12  (35) Beginning July 1, 2024, home-delivered meals provided

13 to Medicare or Medicaid recipients when payment is made by an

14 intermediary, such as a Medicare Administrative Contractor, a

15 Managed Care Organization, or a Medicare Advantage

16 Organization, pursuant to a government contract. This

17 paragraph (35) is exempt from the provisions of Section 3-75.

18  (36) (35) Beginning on January 1, 2026, as further defined

19 in Section 3-10, food prepared for immediate consumption and

20 transferred incident to a sale of service subject to this Act

21 or the Service Occupation Tax Act by an entity licensed under

22 the Hospital Licensing Act, the Nursing Home Care Act, the

23 Assisted Living and Shared Housing Act, the ID/DD Community

24 Care Act, the MC/DD Act, the Specialized Mental Health

25 Rehabilitation Act of 2013, or the Child Care Act of 1969, or

26 by an entity that holds a permit issued pursuant to the Life
    SB2394 Enrolled            - 770 - LRB104 09208 AMC 19265 b

1 Care Facilities Act. This item (36) (35) is exempt from the

2 provisions of Section 3-75.

3   (37) (36) Beginning on January 1, 2026, as further defined

4 in Section 3-10, food for human consumption that is to be

5 consumed off the premises where it is sold (other than

6 alcoholic beverages, food consisting of or infused with adult

7 use cannabis, soft drinks, candy, and food that has been

8 prepared for immediate consumption). This item (37) (36) is

9 exempt from the provisions of Section 3-75.

10  (38) (35) Use by a lessee of the following leased tangible

11 personal property:

12  (1) software transferred subject to a license that

13  meets the following requirements:

14  (A) it is evidenced by a written agreement signed

15  by the licensor and the customer;

16                   (i) an electronic agreement in which the

17  customer accepts the license by means of an

18  electronic signature that is verifiable and can be

19  authenticated and is attached to or made part of

20  the license will comply with this requirement;

21                   (ii) a license agreement in which the customer

22  electronically accepts the terms by clicking "I

23  agree" does not comply with this requirement;

24  (B) it restricts the customer's duplication and

25  use of the software;

26  (C) it prohibits the customer from licensing,
    SB2394 Enrolled    - 771 - LRB104 09208 AMC 19265 b

1   sublicensing, or transferring the software to a third

2   party (except to a related party) without the

3   permission and continued control of the licensor;

4   (D) the licensor has a policy of providing another

5   copy at minimal or no charge if the customer loses or

6   damages the software, or of permitting the licensee to

7   make and keep an archival copy, and such policy is

8   either stated in the license agreement, supported by

9   the licensor's books and records, or supported by a

10  notarized statement made under penalties of perjury by

11  the licensor; and

12  (E) the customer must destroy or return all copies

13  of the software to the licensor at the end of the

14  license period; this provision is deemed to be met, in

15  the case of a perpetual license, without being set

16  forth in the license agreement; and

17  (2) property that is subject to a tax on lease

18  receipts imposed by a home rule unit of local government

19  if the ordinance imposing that tax was adopted prior to

20  January 1, 2023.

21 (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,

22 Section 70-10, eff. 4-19-22; 102-700, Article 75, Section

23 75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,

24 Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10,

25 eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;

26 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff.
    SB2394 Enrolled  - 772 - LRB104 09208 AMC 19265 b

1 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995,
2 eff. 8-9-24; revised 11-26-24.)

3   (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

4   Sec. 3-10. Rate of tax. Unless otherwise provided in this

5 Section, the tax imposed by this Act is at the rate of 6.25% of

6 the selling price of tangible personal property transferred,

7 including, on and after January 1, 2025, transferred by lease,

8 as an incident to the sale of service, but, for the purpose of

9 computing this tax, in no event shall the selling price be less

10 than the cost price of the property to the serviceman.

11  Beginning on July 1, 2000 and through December 31, 2000,

12 with respect to motor fuel, as defined in Section 1.1 of the

13 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

14 the Use Tax Act, the tax is imposed at the rate of 1.25%.

15  With respect to gasohol, as defined in the Use Tax Act, the

16 tax imposed by this Act applies to (i) 70% of the selling price

17 of property transferred as an incident to the sale of service

18 on or after January 1, 1990, and before July 1, 2003, (ii) 80%

19 of the selling price of property transferred as an incident to

20 the sale of service on or after July 1, 2003 and on or before

21 July 1, 2017, (iii) 100% of the selling price of property

22 transferred as an incident to the sale of service after July 1,

23 2017 and before January 1, 2024, (iv) 90% of the selling price

24 of property transferred as an incident to the sale of service

25 on or after January 1, 2024 and on or before December 31, 2028,
    SB2394 Enrolled  - 773 - LRB104 09208 AMC 19265 b

1 and (v) 100% of the selling price of property transferred as an

2 incident to the sale of service after December 31, 2028. If, at

3 any time, however, the tax under this Act on sales of gasohol,

4 as defined in the Use Tax Act, is imposed at the rate of 1.25%,

5 then the tax imposed by this Act applies to 100% of the

6 proceeds of sales of gasohol made during that time.

7   With respect to mid-range ethanol blends, as defined in

8 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

9 applies to (i) 80% of the selling price of property

10 transferred as an incident to the sale of service on or after

11 January 1, 2024 and on or before December 31, 2028 and (ii)

12 100% of the selling price of property transferred as an

13 incident to the sale of service after December 31, 2028. If, at

14 any time, however, the tax under this Act on sales of mid-range

15 ethanol blends is imposed at the rate of 1.25%, then the tax

16 imposed by this Act applies to 100% of the selling price of

17 mid-range ethanol blends transferred as an incident to the

18 sale of service during that time.

19  With respect to majority blended ethanol fuel, as defined

20 in the Use Tax Act, the tax imposed by this Act does not apply

21 to the selling price of property transferred as an incident to

22 the sale of service on or after July 1, 2003 and on or before

23 December 31, 2028 but applies to 100% of the selling price

24 thereafter.

25  With respect to biodiesel blends, as defined in the Use

26 Tax Act, with no less than 1% and no more than 10% biodiesel,
    SB2394 Enrolled  - 774 - LRB104 09208 AMC 19265 b

1 the tax imposed by this Act applies to (i) 80% of the selling

2 price of property transferred as an incident to the sale of

3 service on or after July 1, 2003 and on or before December 31,

4 2018 and (ii) 100% of the proceeds of the selling price after

5 December 31, 2018 and before January 1, 2024. On and after

6 January 1, 2024 and on or before December 31, 2030, the

7 taxation of biodiesel, renewable diesel, and biodiesel blends

8 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

9 at any time, however, the tax under this Act on sales of

10 biodiesel blends, as defined in the Use Tax Act, with no less

11 than 1% and no more than 10% biodiesel is imposed at the rate

12 of 1.25%, then the tax imposed by this Act applies to 100% of

13 the proceeds of sales of biodiesel blends with no less than 1%

14 and no more than 10% biodiesel made during that time.

15  With respect to biodiesel, as defined in the Use Tax Act,

16 and biodiesel blends, as defined in the Use Tax Act, with more

17 than 10% but no more than 99% biodiesel, the tax imposed by

18 this Act does not apply to the proceeds of the selling price of

19 property transferred as an incident to the sale of service on

20 or after July 1, 2003 and on or before December 31, 2023. On

21 and after January 1, 2024 and on or before December 31, 2030,

22 the taxation of biodiesel, renewable diesel, and biodiesel

23 blends shall be as provided in Section 3-5.1 of the Use Tax

24 Act.

25  At the election of any registered serviceman made for each

26 fiscal year, sales of service in which the aggregate annual
    SB2394 Enrolled  - 775 - LRB104 09208 AMC 19265 b

1 cost price of tangible personal property transferred as an

2 incident to the sales of service is less than 35%, or 75% in

3 the case of servicemen transferring prescription drugs or

4 servicemen engaged in graphic arts production, of the

5 aggregate annual total gross receipts from all sales of

6 service, the tax imposed by this Act shall be based on the

7 serviceman's cost price of the tangible personal property

8 transferred as an incident to the sale of those services.

9   Until July 1, 2022 and from July 1, 2023 through December

10 31, 2025, the tax shall be imposed at the rate of 1% on food

11 prepared for immediate consumption and transferred incident to

12 a sale of service subject to this Act or the Service Occupation

13 Tax Act by an entity licensed under the Hospital Licensing

14 Act, the Nursing Home Care Act, the Assisted Living and Shared

15 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

16 Specialized Mental Health Rehabilitation Act of 2013, or the

17 Child Care Act of 1969, or an entity that holds a permit issued

18 pursuant to the Life Care Facilities Act. Until July 1, 2022

19 and from July 1, 2023 through December 31, 2025, the tax shall

20 also be imposed at the rate of 1% on food for human consumption

21 that is to be consumed off the premises where it is sold (other

22 than alcoholic beverages, food consisting of or infused with

23 adult use cannabis, soft drinks, and food that has been

24 prepared for immediate consumption and is not otherwise

25 included in this paragraph).

26  Beginning on July 1, 2022 and until July 1, 2023, the tax
    SB2394 Enrolled  - 776 - LRB104 09208 AMC 19265 b

1 shall be imposed at the rate of 0% on food prepared for

2 immediate consumption and transferred incident to a sale of

3 service subject to this Act or the Service Occupation Tax Act

4 by an entity licensed under the Hospital Licensing Act, the

5 Nursing Home Care Act, the Assisted Living and Shared Housing

6 Act, the ID/DD Community Care Act, the MC/DD Act, the

7 Specialized Mental Health Rehabilitation Act of 2013, or the

8 Child Care Act of 1969, or an entity that holds a permit issued

9 pursuant to the Life Care Facilities Act. Beginning on July 1,

10 2022 and until July 1, 2023, the tax shall also be imposed at

11 the rate of 0% on food for human consumption that is to be

12 consumed off the premises where it is sold (other than

13 alcoholic beverages, food consisting of or infused with adult

14 use cannabis, soft drinks, and food that has been prepared for

15 immediate consumption and is not otherwise included in this

16 paragraph).

17  On and an after January 1, 2026, food prepared for

18 immediate consumption and transferred incident to a sale of

19 service subject to this Act or the Service Occupation Tax Act

20 by an entity licensed under the Hospital Licensing Act, the

21 Nursing Home Care Act, the Assisted Living and Shared Housing

22 Act, the ID/DD Community Care Act, the MC/DD Act, the

23 Specialized Mental Health Rehabilitation Act of 2013, or the

24 Child Care Act of 1969, or by an entity that holds a permit

25 issued pursuant to the Life Care Facilities Act is exempt from

26 the tax under this Act. On and after January 1, 2026, food for
   SB2394 Enrolled  - 777 - LRB104 09208 AMC 19265 b

1 human consumption that is to be consumed off the premises

2 where it is sold (other than alcoholic beverages, food

3 consisting of or infused with adult use cannabis, soft drinks,

4 candy, and food that has been prepared for immediate

5 consumption and is not otherwise included in this paragraph)

6 is exempt from the tax under this Act.

7  The tax shall be imposed at the rate of 1% on prescription

8 and nonprescription medicines, drugs, medical appliances,

9 products classified as Class III medical devices by the United

10 States Food and Drug Administration that are used for cancer

11 treatment pursuant to a prescription, as well as any

12 accessories and components related to those devices,

13 modifications to a motor vehicle for the purpose of rendering

14 it usable by a person with a disability, and insulin, blood

15 sugar testing materials, syringes, and needles used by human

16 diabetics. For the purposes of this Section, until September

17 1, 2009: the term "soft drinks" means any complete, finished,

18 ready-to-use, non-alcoholic drink, whether carbonated or not,

19 including, but not limited to, soda water, cola, fruit juice,

20 vegetable juice, carbonated water, and all other preparations

21 commonly known as soft drinks of whatever kind or description

22 that are contained in any closed or sealed bottle, can,

23 carton, or container, regardless of size; but "soft drinks"

24 does not include coffee, tea, non-carbonated water, infant

25 formula, milk or milk products as defined in the Grade A

26 Pasteurized Milk and Milk Products Act, or drinks containing
    SB2394 Enrolled  - 778 - LRB104 09208 AMC 19265 b

1 50% or more natural fruit or vegetable juice.

2   Notwithstanding any other provisions of this Act,

3 beginning September 1, 2009, "soft drinks" means non-alcoholic

4 beverages that contain natural or artificial sweeteners. "Soft

5 drinks" does not include beverages that contain milk or milk

6 products, soy, rice or similar milk substitutes, or greater

7 than 50% of vegetable or fruit juice by volume.

8   Until August 1, 2009, and notwithstanding any other

9 provisions of this Act, "food for human consumption that is to

10 be consumed off the premises where it is sold" includes all

11 food sold through a vending machine, except soft drinks and

12 food products that are dispensed hot from a vending machine,

13 regardless of the location of the vending machine. Beginning

14 August 1, 2009, and notwithstanding any other provisions of

15 this Act, "food for human consumption that is to be consumed

16 off the premises where it is sold" includes all food sold

17 through a vending machine, except soft drinks, candy, and food

18 products that are dispensed hot from a vending machine,

19 regardless of the location of the vending machine.

20  Notwithstanding any other provisions of this Act,

21 beginning September 1, 2009, "food for human consumption that

22 is to be consumed off the premises where it is sold" does not

23 include candy. For purposes of this Section, "candy" means a

24 preparation of sugar, honey, or other natural or artificial

25 sweeteners in combination with chocolate, fruits, nuts or

26 other ingredients or flavorings in the form of bars, drops, or
    SB2394 Enrolled       - 779 - LRB104 09208 AMC 19265 b

1 pieces. "Candy" does not include any preparation that contains

2 flour or requires refrigeration.

3   Notwithstanding any other provisions of this Act,

4 beginning September 1, 2009, "nonprescription medicines and

5 drugs" does not include grooming and hygiene products. For

6 purposes of this Section, "grooming and hygiene products"

7 includes, but is not limited to, soaps and cleaning solutions,

8 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

9 lotions and screens, unless those products are available by

10 prescription only, regardless of whether the products meet the

11 definition of "over-the-counter-drugs". For the purposes of

12 this paragraph, "over-the-counter-drug" means a drug for human

13 use that contains a label that identifies the product as a drug

14 as required by 21 CFR 201.66. The "over-the-counter-drug"

15 label includes:

16  (A) a "Drug Facts" panel; or

17  (B) a statement of the "active ingredient(s)" with a

18  list of those ingredients contained in the compound,

19  substance or preparation.

20  Beginning on January 1, 2014 (the effective date of Public

21 Act 98-122), "prescription and nonprescription medicines and

22 drugs" includes medical cannabis purchased from a registered

23 dispensing organization under the Compassionate Use of Medical

24 Cannabis Program Act.

25  As used in this Section, "adult use cannabis" means

26 cannabis subject to tax under the Cannabis Cultivation
    SB2394 Enrolled            - 780 - LRB104 09208 AMC 19265 b

1 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

2 and does not include cannabis subject to tax under the

3 Compassionate Use of Medical Cannabis Program Act.

4   If the property that is acquired from a serviceman is

5 acquired outside Illinois and used outside Illinois before

6 being brought to Illinois for use here and is taxable under

7 this Act, the "selling price" on which the tax is computed

8 shall be reduced by an amount that represents a reasonable

9 allowance for depreciation for the period of prior

10 out-of-state use. No depreciation is allowed in cases where

11 the tax under this Act is imposed on lease receipts.

12 (Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;

13 102-700, Article 20, Section 20-10, eff. 4-19-22; 102-700,

14 Article 60, Section 60-20, eff. 4-19-22; 103-9, eff. 6-7-23;

15 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff.

16 8-5-24; revised 11-26-24.)

17  (35 ILCS 110/9)

18  Sec. 9. Each serviceman required or authorized to collect

19 the tax herein imposed shall pay to the Department the amount

20 of such tax (except as otherwise provided) at the time when he

21 is required to file his return for the period during which such

22 tax was collected, less a discount of 2.1% prior to January 1,

23 1990 and 1.75% on and after January 1, 1990, or $5 per calendar

24 year, whichever is greater, which is allowed to reimburse the

25 serviceman for expenses incurred in collecting the tax,
SB2394 Enrolled  - 781 - LRB104 09208 AMC 19265 b

 1 keeping records, preparing and filing returns, remitting the
 2 tax, and supplying data to the Department on request.
 3 Beginning with returns due on or after January 1, 2025, the
 4 vendor's discount allowed in this Section, the Retailers'
 5 Occupation Tax Act, the Service Occupation Tax Act, and the
 6 Use Tax Act, including any local tax administered by the
 7 Department and reported on the same return, shall not exceed
 8 $1,000 per month in the aggregate. When determining the
 9 discount allowed under this Section, servicemen shall include
10 the amount of tax that would have been due at the 1% rate but
11 for the 0% rate imposed under Public Act 102-700 this
12 amendatory Act of the 102nd General Assembly. The discount
13 under this Section is not allowed for the 1.25% portion of
14 taxes paid on aviation fuel that is subject to the revenue use
15 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
16 discount allowed under this Section is allowed only for
17 returns that are filed in the manner required by this Act. The
18 Department may disallow the discount for servicemen whose
19 certificate of registration is revoked at the time the return
20 is filed, but only if the Department's decision to revoke the
21 certificate of registration has become final. A serviceman
22 need not remit that part of any tax collected by him to the
23 extent that he is required to pay and does pay the tax imposed
24 by the Service Occupation Tax Act with respect to his sale of
25 service involving the incidental transfer by him of the same
26 property.
   SB2394 Enrolled  - 782 - LRB104 09208 AMC 19265 b

1  Except as provided hereinafter in this Section, on or

2 before the twentieth day of each calendar month, such

3 serviceman shall file a return for the preceding calendar

4 month in accordance with reasonable Rules and Regulations to

5 be promulgated by the Department. Such return shall be filed

6 on a form prescribed by the Department and shall contain such

7 information as the Department may reasonably require. The

8 return shall include the gross receipts which were received

9 during the preceding calendar month or quarter on the

10 following items upon which tax would have been due but for the

11 0% rate imposed under Public Act 102-700 this amendatory Act

12 of the 102nd General Assembly: (i) food for human consumption

13 that is to be consumed off the premises where it is sold (other

14 than alcoholic beverages, food consisting of or infused with

15 adult use cannabis, soft drinks, and food that has been

16 prepared for immediate consumption); and (ii) food prepared

17 for immediate consumption and transferred incident to a sale

18 of service subject to this Act or the Service Occupation Tax

19 Act by an entity licensed under the Hospital Licensing Act,

20 the Nursing Home Care Act, the Assisted Living and Shared

21 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

22 Specialized Mental Health Rehabilitation Act of 2013, or the

23 Child Care Act of 1969, or an entity that holds a permit issued

24 pursuant to the Life Care Facilities Act. The return shall

25 also include the amount of tax that would have been due on the

26 items listed in the previous sentence but for the 0% rate
    SB2394 Enrolled        - 783 - LRB104 09208 AMC 19265 b

1 imposed under Public Act 102-700 this amendatory Act of the

2 102nd General Assembly.

3   In the case of leases, except as otherwise provided in

4 this Act, the lessor, in collecting the tax, may collect for

5 each tax return period, only the tax applicable to that part of

6 the selling price actually received during such tax return

7 period.

8   On and after January 1, 2018, with respect to servicemen

9 whose annual gross receipts average $20,000 or more, all

10 returns required to be filed pursuant to this Act shall be

11 filed electronically. Servicemen who demonstrate that they do

12 not have access to the Internet or demonstrate hardship in

13 filing electronically may petition the Department to waive the

14 electronic filing requirement.

15  The Department may require returns to be filed on a

16 quarterly basis. If so required, a return for each calendar

17 quarter shall be filed on or before the twentieth day of the

18 calendar month following the end of such calendar quarter. The

19 taxpayer shall also file a return with the Department for each

20 of the first two months of each calendar quarter, on or before

21 the twentieth day of the following calendar month, stating:

22         1. The name of the seller;

23         2. The address of the principal place of business from

24  which he engages in business as a serviceman in this

25  State;

26         3. The total amount of taxable receipts received by
    SB2394 Enrolled    - 784 - LRB104 09208 AMC 19265 b

1   him during the preceding calendar month, including

2   receipts from charge and time sales, but less all

3   deductions allowed by law;

4   4. The amount of credit provided in Section 2d of this

5   Act;

6   5. The amount of tax due;

7   5-5. The signature of the taxpayer; and

8   6. Such other reasonable information as the Department

9   may require.

10  Each serviceman required or authorized to collect the tax

11 imposed by this Act on aviation fuel transferred as an

12 incident of a sale of service in this State during the

13 preceding calendar month shall, instead of reporting and

14 paying tax on aviation fuel as otherwise required by this

15 Section, report and pay such tax on a separate aviation fuel

16 tax return. The requirements related to the return shall be as

17 otherwise provided in this Section. Notwithstanding any other

18 provisions of this Act to the contrary, servicemen collecting

19 tax on aviation fuel shall file all aviation fuel tax returns

20 and shall make all aviation fuel tax payments by electronic

21 means in the manner and form required by the Department. For

22 purposes of this Section, "aviation fuel" means jet fuel and

23 aviation gasoline.

24  If a taxpayer fails to sign a return within 30 days after

25 the proper notice and demand for signature by the Department,

26 the return shall be considered valid and any amount shown to be
   SB2394 Enrolled  - 785 - LRB104 09208 AMC 19265 b

1 due on the return shall be deemed assessed.

2  Notwithstanding any other provision of this Act to the

3 contrary, servicemen subject to tax on cannabis shall file all

4 cannabis tax returns and shall make all cannabis tax payments

5 by electronic means in the manner and form required by the

6 Department.

7  Beginning October 1, 1993, a taxpayer who has an average

8 monthly tax liability of $150,000 or more shall make all

9 payments required by rules of the Department by electronic

10 funds transfer. Beginning October 1, 1994, a taxpayer who has

11 an average monthly tax liability of $100,000 or more shall

12 make all payments required by rules of the Department by

13 electronic funds transfer. Beginning October 1, 1995, a

14 taxpayer who has an average monthly tax liability of $50,000

15 or more shall make all payments required by rules of the

16 Department by electronic funds transfer. Beginning October 1,

17 2000, a taxpayer who has an annual tax liability of $200,000 or

18 more shall make all payments required by rules of the

19 Department by electronic funds transfer. The term "annual tax

20 liability" shall be the sum of the taxpayer's liabilities

21 under this Act, and under all other State and local occupation

22 and use tax laws administered by the Department, for the

23 immediately preceding calendar year. The term "average monthly

24 tax liability" means the sum of the taxpayer's liabilities

25 under this Act, and under all other State and local occupation

26 and use tax laws administered by the Department, for the
    SB2394 Enrolled  - 786 - LRB104 09208 AMC 19265 b

1 immediately preceding calendar year divided by 12. Beginning

2 on October 1, 2002, a taxpayer who has a tax liability in the

3 amount set forth in subsection (b) of Section 2505-210 of the

4 Department of Revenue Law shall make all payments required by

5 rules of the Department by electronic funds transfer.

6   Before August 1 of each year beginning in 1993, the

7 Department shall notify all taxpayers required to make

8 payments by electronic funds transfer. All taxpayers required

9 to make payments by electronic funds transfer shall make those

10 payments for a minimum of one year beginning on October 1.

11  Any taxpayer not required to make payments by electronic

12 funds transfer may make payments by electronic funds transfer

13 with the permission of the Department.

14  All taxpayers required to make payment by electronic funds

15 transfer and any taxpayers authorized to voluntarily make

16 payments by electronic funds transfer shall make those

17 payments in the manner authorized by the Department.

18  The Department shall adopt such rules as are necessary to

19 effectuate a program of electronic funds transfer and the

20 requirements of this Section.

21  If the serviceman is otherwise required to file a monthly

22 return and if the serviceman's average monthly tax liability

23 to the Department does not exceed $200, the Department may

24 authorize his returns to be filed on a quarter annual basis,

25 with the return for January, February, and March of a given

26 year being due by April 20 of such year; with the return for
    SB2394 Enrolled        - 787 - LRB104 09208 AMC 19265 b

1 April, May, and June of a given year being due by July 20 of

2 such year; with the return for July, August, and September of a

3 given year being due by October 20 of such year, and with the

4 return for October, November, and December of a given year

5 being due by January 20 of the following year.

6   If the serviceman is otherwise required to file a monthly

7 or quarterly return and if the serviceman's average monthly

8 tax liability to the Department does not exceed $50, the

9 Department may authorize his returns to be filed on an annual

10 basis, with the return for a given year being due by January 20

11 of the following year.

12  Such quarter annual and annual returns, as to form and

13 substance, shall be subject to the same requirements as

14 monthly returns.

15  Notwithstanding any other provision in this Act concerning

16 the time within which a serviceman may file his return, in the

17 case of any serviceman who ceases to engage in a kind of

18 business which makes him responsible for filing returns under

19 this Act, such serviceman shall file a final return under this

20 Act with the Department not more than one 1 month after

21 discontinuing such business.

22  Where a serviceman collects the tax with respect to the

23 selling price of property which he sells and the purchaser

24 thereafter returns such property and the serviceman refunds

25 the selling price thereof to the purchaser, such serviceman

26 shall also refund, to the purchaser, the tax so collected from
    SB2394 Enrolled       - 788 - LRB104 09208 AMC 19265 b

1 the purchaser. When filing his return for the period in which

2 he refunds such tax to the purchaser, the serviceman may

3 deduct the amount of the tax so refunded by him to the

4 purchaser from any other Service Use Tax, Service Occupation

5 Tax, retailers' occupation tax, or use tax which such

6 serviceman may be required to pay or remit to the Department,

7 as shown by such return, provided that the amount of the tax to

8 be deducted shall previously have been remitted to the

9 Department by such serviceman. If the serviceman shall not

10 previously have remitted the amount of such tax to the

11 Department, he shall be entitled to no deduction hereunder

12 upon refunding such tax to the purchaser.

13  Any serviceman filing a return hereunder shall also

14 include the total tax upon the selling price of tangible

15 personal property purchased for use by him as an incident to a

16 sale of service, and such serviceman shall remit the amount of

17 such tax to the Department when filing such return.

18  If experience indicates such action to be practicable, the

19 Department may prescribe and furnish a combination or joint

20 return which will enable servicemen, who are required to file

21 returns hereunder and also under the Service Occupation Tax

22 Act, to furnish all the return information required by both

23 Acts on the one form.

24  Where the serviceman has more than one business registered

25 with the Department under separate registration hereunder,

26 such serviceman shall not file each return that is due as a
    SB2394 Enrolled  - 789 - LRB104 09208 AMC 19265 b

1 single return covering all such registered businesses, but

2 shall file separate returns for each such registered business.

3   Beginning January 1, 1990, each month the Department shall

4 pay into the State and Local Tax Reform Fund, a special fund in

5 the State treasury Treasury, the net revenue realized for the

6 preceding month from the 1% tax imposed under this Act.

7   Beginning January 1, 1990, each month the Department shall

8 pay into the State and Local Sales Tax Reform Fund 20% of the

9 net revenue realized for the preceding month from the 6.25%

10 general rate on transfers of tangible personal property, other

11 than (i) tangible personal property which is purchased outside

12 Illinois at retail from a retailer and which is titled or

13 registered by an agency of this State's government and (ii)

14 aviation fuel sold on or after December 1, 2019. This

15 exception for aviation fuel only applies for so long as the

16 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

17 47133 are binding on the State.

18  For aviation fuel sold on or after December 1, 2019, each

19 month the Department shall pay into the State Aviation Program

20 Fund 20% of the net revenue realized for the preceding month

21 from the 6.25% general rate on the selling price of aviation

22 fuel, less an amount estimated by the Department to be

23 required for refunds of the 20% portion of the tax on aviation

24 fuel under this Act, which amount shall be deposited into the

25 Aviation Fuel Sales Tax Refund Fund. The Department shall only

26 pay moneys into the State Aviation Program Fund and the
    SB2394 Enrolled         - 790 - LRB104 09208 AMC 19265 b

1 Aviation Fuel Sales Tax Refund Fund under this Act for so long

2 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

3 U.S.C. 47133 are binding on the State.

4   Beginning August 1, 2000, each month the Department shall

5 pay into the State and Local Sales Tax Reform Fund 100% of the

6 net revenue realized for the preceding month from the 1.25%

7 rate on the selling price of motor fuel and gasohol.

8   Beginning October 1, 2009, each month the Department shall

9 pay into the Capital Projects Fund an amount that is equal to

10 an amount estimated by the Department to represent 80% of the

11 net revenue realized for the preceding month from the sale of

12 candy, grooming and hygiene products, and soft drinks that had

13 been taxed at a rate of 1% prior to September 1, 2009 but that

14 are now taxed at 6.25%.

15  Beginning July 1, 2013, each month the Department shall

16 pay into the Underground Storage Tank Fund from the proceeds

17 collected under this Act, the Use Tax Act, the Service

18 Occupation Tax Act, and the Retailers' Occupation Tax Act an

19 amount equal to the average monthly deficit in the Underground

20 Storage Tank Fund during the prior year, as certified annually

21 by the Illinois Environmental Protection Agency, but the total

22 payment into the Underground Storage Tank Fund under this Act,

23 the Use Tax Act, the Service Occupation Tax Act, and the

24 Retailers' Occupation Tax Act shall not exceed $18,000,000 in

25 any State fiscal year. As used in this paragraph, the "average

26 monthly deficit" shall be equal to the difference between the
   SB2394 Enrolled  - 791 - LRB104 09208 AMC 19265 b

1 average monthly claims for payment by the fund and the average

2 monthly revenues deposited into the fund, excluding payments

3 made pursuant to this paragraph.

4  Beginning July 1, 2015, of the remainder of the moneys

5 received by the Department under the Use Tax Act, this Act, the

6 Service Occupation Tax Act, and the Retailers' Occupation Tax

7 Act, each month the Department shall deposit $500,000 into the

8 State Crime Laboratory Fund.

9  Of the remainder of the moneys received by the Department

10 pursuant to this Act, (a) 1.75% thereof shall be paid into the

11 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

12 and after July 1, 1989, 3.8% thereof shall be paid into the

13 Build Illinois Fund; provided, however, that if in any fiscal

14 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

15 may be, of the moneys received by the Department and required

16 to be paid into the Build Illinois Fund pursuant to Section 3

17 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

18 Act, Section 9 of the Service Use Tax Act, and Section 9 of the

19 Service Occupation Tax Act, such Acts being hereinafter called

20 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

21 may be, of moneys being hereinafter called the "Tax Act

22 Amount", and (2) the amount transferred to the Build Illinois

23 Fund from the State and Local Sales Tax Reform Fund shall be

24 less than the Annual Specified Amount (as defined in Section 3

25 of the Retailers' Occupation Tax Act), an amount equal to the

26 difference shall be immediately paid into the Build Illinois
SB2394 Enrolled  - 792 - LRB104 09208 AMC 19265 b

 1 Fund from other moneys received by the Department pursuant to
 2 the Tax Acts; and further provided, that if on the last
 3 business day of any month the sum of (1) the Tax Act Amount
 4 required to be deposited into the Build Illinois Bond Account
 5 in the Build Illinois Fund during such month and (2) the amount
 6 transferred during such month to the Build Illinois Fund from
 7 the State and Local Sales Tax Reform Fund shall have been less
 8 than 1/12 of the Annual Specified Amount, an amount equal to
 9 the difference shall be immediately paid into the Build
10 Illinois Fund from other moneys received by the Department
11 pursuant to the Tax Acts; and, further provided, that in no
12 event shall the payments required under the preceding proviso
13 result in aggregate payments into the Build Illinois Fund
14 pursuant to this clause (b) for any fiscal year in excess of
15 the greater of (i) the Tax Act Amount or (ii) the Annual
16 Specified Amount for such fiscal year; and, further provided,
17 that the amounts payable into the Build Illinois Fund under
18 this clause (b) shall be payable only until such time as the
19 aggregate amount on deposit under each trust indenture
20 securing Bonds issued and outstanding pursuant to the Build
21 Illinois Bond Act is sufficient, taking into account any
22 future investment income, to fully provide, in accordance with
23 such indenture, for the defeasance of or the payment of the
24 principal of, premium, if any, and interest on the Bonds
25 secured by such indenture and on any Bonds expected to be
26 issued thereafter and all fees and costs payable with respect
    SB2394 Enrolled  - 793 - LRB104 09208 AMC 19265 b

1 thereto, all as certified by the Director of the Bureau of the

2 Budget (now Governor's Office of Management and Budget). If on

3 the last business day of any month in which Bonds are

4 outstanding pursuant to the Build Illinois Bond Act, the

5 aggregate of the moneys deposited in the Build Illinois Bond

6 Account in the Build Illinois Fund in such month shall be less

7 than the amount required to be transferred in such month from

8 the Build Illinois Bond Account to the Build Illinois Bond

9 Retirement and Interest Fund pursuant to Section 13 of the

10 Build Illinois Bond Act, an amount equal to such deficiency

11 shall be immediately paid from other moneys received by the

12 Department pursuant to the Tax Acts to the Build Illinois

13 Fund; provided, however, that any amounts paid to the Build

14 Illinois Fund in any fiscal year pursuant to this sentence

15 shall be deemed to constitute payments pursuant to clause (b)

16 of the preceding sentence and shall reduce the amount

17 otherwise payable for such fiscal year pursuant to clause (b)

18 of the preceding sentence. The moneys received by the

19 Department pursuant to this Act and required to be deposited

20 into the Build Illinois Fund are subject to the pledge, claim

21 and charge set forth in Section 12 of the Build Illinois Bond

22 Act.

23  Subject to payment of amounts into the Build Illinois Fund

24 as provided in the preceding paragraph or in any amendment

25 thereto hereafter enacted, the following specified monthly

26 installment of the amount requested in the certificate of the
    SB2394 Enrolled        - 794 - LRB104 09208 AMC 19265 b

1 Chairman of the Metropolitan Pier and Exposition Authority
2 provided under Section 8.25f of the State Finance Act, but not
3 in excess of the sums designated as "Total Deposit", shall be
4 deposited in the aggregate from collections under Section 9 of
5 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
6 9 of the Service Occupation Tax Act, and Section 3 of the
7 Retailers' Occupation Tax Act into the McCormick Place
8 Expansion Project Fund in the specified fiscal years.

9   Fiscal Year            Total Deposit
                                              $0
10                   1993
                                53,000,000
11                   1994       58,000,000
                                61,000,000
12                   1995       64,000,000
                                68,000,000
13                   1996       71,000,000
                                75,000,000
14                   1997       80,000,000
                                93,000,000
15                   1998       99,000,000
                              103,000,000
16                   1999     108,000,000
                              113,000,000
17                   2000     119,000,000
                              126,000,000
18                   2001

19                   2002

20                   2003

21                   2004

22                   2005

23                   2006

24                   2007

25                   2008
    SB2394 Enrolled        - 795 - LRB104 09208 AMC 19265 b

1                    2009                                           132,000,000
                                                                    139,000,000
2                    2010                                           146,000,000
                                                                    153,000,000
3                    2011                                           161,000,000
                                                                    170,000,000
4                    2012                                           179,000,000
                                                                    189,000,000
5                    2013                                           199,000,000
                                                                    210,000,000
6                    2014                                           221,000,000
                                                                    233,000,000
7                    2015                                           300,000,000
                                                                    300,000,000
8                    2016                                           300,000,000
                                                                    300,000,000
9                    2017                                           300,000,000
                                                                    300,000,000
10                   2018                                           375,000,000
                                                                    375,000,000
11                   2019                                           375,000,000
                                                                    375,000,000
12                   2020                                           375,000,000
                                                                    375,000,000
13                   2021                                           375,000,000
                                                                    375,000,000
14                   2022

15                   2023

16                   2024

17                   2025

18                   2026

19                   2027

20                   2028

21                   2029

22                   2030

23                   2031

24                   2032

25                   2033

26                   2034
    SB2394 Enrolled        - 796 - LRB104 09208 AMC 19265 b

1                    2035            375,000,000

2                    2036            450,000,000

3                    and

4   each fiscal year

5   thereafter that bonds

6   are outstanding under

7   Section 13.2 of the

8   Metropolitan Pier and

9   Exposition Authority Act,

10  but not after fiscal year 2060.

11  Beginning July 20, 1993 and in each month of each fiscal

12 year thereafter, one-eighth of the amount requested in the

13 certificate of the Chairman of the Metropolitan Pier and

14 Exposition Authority for that fiscal year, less the amount

15 deposited into the McCormick Place Expansion Project Fund by

16 the State Treasurer in the respective month under subsection

17 (g) of Section 13 of the Metropolitan Pier and Exposition

18 Authority Act, plus cumulative deficiencies in the deposits

19 required under this Section for previous months and years,

20 shall be deposited into the McCormick Place Expansion Project

21 Fund, until the full amount requested for the fiscal year, but

22 not in excess of the amount specified above as "Total

23 Deposit", has been deposited.

24  Subject to payment of amounts into the Capital Projects

25 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

26 and the McCormick Place Expansion Project Fund pursuant to the
    SB2394 Enrolled       - 797 - LRB104 09208 AMC 19265 b

1 preceding paragraphs or in any amendments thereto hereafter

2 enacted, for aviation fuel sold on or after December 1, 2019,

3 the Department shall each month deposit into the Aviation Fuel

4 Sales Tax Refund Fund an amount estimated by the Department to

5 be required for refunds of the 80% portion of the tax on

6 aviation fuel under this Act. The Department shall only

7 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

8 under this paragraph for so long as the revenue use

9 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

10 binding on the State.

11  Subject to payment of amounts into the Build Illinois Fund

12 and the McCormick Place Expansion Project Fund pursuant to the

13 preceding paragraphs or in any amendments thereto hereafter

14 enacted, beginning July 1, 1993 and ending on September 30,

15 2013, the Department shall each month pay into the Illinois

16 Tax Increment Fund 0.27% of 80% of the net revenue realized for

17 the preceding month from the 6.25% general rate on the selling

18 price of tangible personal property.

19  Subject to payment of amounts into the Build Illinois

20 Fund, the McCormick Place Expansion Project Fund, the Illinois

21 Tax Increment Fund, pursuant to the preceding paragraphs or in

22 any amendments to this Section hereafter enacted, beginning on

23 the first day of the first calendar month to occur on or after

24 August 26, 2014 (the effective date of Public Act 98-1098),

25 each month, from the collections made under Section 9 of the

26 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
    SB2394 Enrolled  - 798 - LRB104 09208 AMC 19265 b

1 the Service Occupation Tax Act, and Section 3 of the

2 Retailers' Occupation Tax Act, the Department shall pay into

3 the Tax Compliance and Administration Fund, to be used,

4 subject to appropriation, to fund additional auditors and

5 compliance personnel at the Department of Revenue, an amount

6 equal to 1/12 of 5% of 80% of the cash receipts collected

7 during the preceding fiscal year by the Audit Bureau of the

8 Department under the Use Tax Act, the Service Use Tax Act, the

9 Service Occupation Tax Act, the Retailers' Occupation Tax Act,

10 and associated local occupation and use taxes administered by

11 the Department.

12  Subject to payments of amounts into the Build Illinois

13 Fund, the McCormick Place Expansion Project Fund, the Illinois

14 Tax Increment Fund, and the Tax Compliance and Administration

15 Fund as provided in this Section, beginning on July 1, 2018 the

16 Department shall pay each month into the Downstate Public

17 Transportation Fund the moneys required to be so paid under

18 Section 2-3 of the Downstate Public Transportation Act.

19  Subject to successful execution and delivery of a

20 public-private agreement between the public agency and private

21 entity and completion of the civic build, beginning on July 1,

22 2023, of the remainder of the moneys received by the

23 Department under the Use Tax Act, the Service Use Tax Act, the

24 Service Occupation Tax Act, and this Act, the Department shall

25 deposit the following specified deposits in the aggregate from

26 collections under the Use Tax Act, the Service Use Tax Act, the
    SB2394 Enrolled  - 799 - LRB104 09208 AMC 19265 b

1 Service Occupation Tax Act, and the Retailers' Occupation Tax

2 Act, as required under Section 8.25g of the State Finance Act

3 for distribution consistent with the Public-Private

4 Partnership for Civic and Transit Infrastructure Project Act.

5 The moneys received by the Department pursuant to this Act and

6 required to be deposited into the Civic and Transit

7 Infrastructure Fund are subject to the pledge, claim, and

8 charge set forth in Section 25-55 of the Public-Private

9 Partnership for Civic and Transit Infrastructure Project Act.

10 As used in this paragraph, "civic build", "private entity",

11 "public-private agreement", and "public agency" have the

12 meanings provided in Section 25-10 of the Public-Private

13 Partnership for Civic and Transit Infrastructure Project Act.

14  Fiscal Year ............................ Total Deposit

15  2024 .................................... $200,000,000

16  2025 .................................... $206,000,000

17  2026 .................................... $212,200,000

18  2027 .................................... $218,500,000

19  2028 .................................... $225,100,000

20  2029 .................................... $288,700,000

21  2030 .................................... $298,900,000

22  2031 .................................... $309,300,000

23  2032 .................................... $320,100,000

24  2033 .................................... $331,200,000

25  2034 .................................... $341,200,000

26  2035 .................................... $351,400,000
   SB2394 Enrolled  - 800 - LRB104 09208 AMC 19265 b

1  2036 .................................... $361,900,000

2  2037 .................................... $372,800,000

3  2038 .................................... $384,000,000

4  2039 .................................... $395,500,000

5  2040 .................................... $407,400,000

6  2041 .................................... $419,600,000

7  2042 .................................... $432,200,000

8  2043 .................................... $445,100,000

9  Beginning July 1, 2021 and until July 1, 2022, subject to

10 the payment of amounts into the State and Local Sales Tax

11 Reform Fund, the Build Illinois Fund, the McCormick Place

12 Expansion Project Fund, the Energy Infrastructure Fund, and

13 the Tax Compliance and Administration Fund as provided in this

14 Section, the Department shall pay each month into the Road

15 Fund the amount estimated to represent 16% of the net revenue

16 realized from the taxes imposed on motor fuel and gasohol.

17 Beginning July 1, 2022 and until July 1, 2023, subject to the

18 payment of amounts into the State and Local Sales Tax Reform

19 Fund, the Build Illinois Fund, the McCormick Place Expansion

20 Project Fund, the Illinois Tax Increment Fund, and the Tax

21 Compliance and Administration Fund as provided in this

22 Section, the Department shall pay each month into the Road

23 Fund the amount estimated to represent 32% of the net revenue

24 realized from the taxes imposed on motor fuel and gasohol.

25 Beginning July 1, 2023 and until July 1, 2024, subject to the

26 payment of amounts into the State and Local Sales Tax Reform
    SB2394 Enrolled  - 801 - LRB104 09208 AMC 19265 b

1 Fund, the Build Illinois Fund, the McCormick Place Expansion

2 Project Fund, the Illinois Tax Increment Fund, and the Tax

3 Compliance and Administration Fund as provided in this

4 Section, the Department shall pay each month into the Road

5 Fund the amount estimated to represent 48% of the net revenue

6 realized from the taxes imposed on motor fuel and gasohol.

7 Beginning July 1, 2024 and until July 1, 2025, subject to the

8 payment of amounts into the State and Local Sales Tax Reform

9 Fund, the Build Illinois Fund, the McCormick Place Expansion

10 Project Fund, the Illinois Tax Increment Fund, and the Tax

11 Compliance and Administration Fund as provided in this

12 Section, the Department shall pay each month into the Road

13 Fund the amount estimated to represent 64% of the net revenue

14 realized from the taxes imposed on motor fuel and gasohol.

15 Beginning on July 1, 2025, subject to the payment of amounts

16 into the State and Local Sales Tax Reform Fund, the Build

17 Illinois Fund, the McCormick Place Expansion Project Fund, the

18 Illinois Tax Increment Fund, and the Tax Compliance and

19 Administration Fund as provided in this Section, the

20 Department shall pay each month into the Road Fund the amount

21 estimated to represent 80% of the net revenue realized from

22 the taxes imposed on motor fuel and gasohol. As used in this

23 paragraph "motor fuel" has the meaning given to that term in

24 Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the

25 meaning given to that term in Section 3-40 of the Use Tax Act.

26  Of the remainder of the moneys received by the Department
    SB2394 Enrolled           - 802 - LRB104 09208 AMC 19265 b

1 pursuant to this Act, 75% thereof shall be paid into the

2 General Revenue Fund of the State treasury Treasury and 25%

3 shall be reserved in a special account and used only for the

4 transfer to the Common School Fund as part of the monthly

5 transfer from the General Revenue Fund in accordance with

6 Section 8a of the State Finance Act.

7   As soon as possible after the first day of each month, upon

8 certification of the Department of Revenue, the Comptroller

9 shall order transferred and the Treasurer shall transfer from

10 the General Revenue Fund to the Motor Fuel Tax Fund an amount

11 equal to 1.7% of 80% of the net revenue realized under this Act

12 for the second preceding month. Beginning April 1, 2000, this

13 transfer is no longer required and shall not be made.

14  Net revenue realized for a month shall be the revenue

15 collected by the State pursuant to this Act, less the amount

16 paid out during that month as refunds to taxpayers for

17 overpayment of liability.

18 (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23;

19 103-592, Article 75, Section 75-10, eff. 1-1-25; 103-592,

20 Article 110, Section 110-10, eff. 6-7-24; revised 11-26-24.)

21  Section 300. The Service Occupation Tax Act is amended by

22 changing Sections 3-5 and 3-10 as follows:

23  (35 ILCS 115/3-5)

24  Sec. 3-5. Exemptions. The following tangible personal
    SB2394 Enrolled    - 803 - LRB104 09208 AMC 19265 b

1 property is exempt from the tax imposed by this Act:

2   (1) Personal property sold by a corporation, society,

3 association, foundation, institution, or organization, other

4 than a limited liability company, that is organized and

5 operated as a not-for-profit service enterprise for the

6 benefit of persons 65 years of age or older if the personal

7 property was not purchased by the enterprise for the purpose

8 of resale by the enterprise.

9   (2) Personal property purchased by a not-for-profit

10 Illinois county fair association for use in conducting,

11 operating, or promoting the county fair.

12  (3) Personal property purchased by any not-for-profit arts

13 or cultural organization that establishes, by proof required

14 by the Department by rule, that it has received an exemption

15 under Section 501(c)(3) of the Internal Revenue Code and that

16 is organized and operated primarily for the presentation or

17 support of arts or cultural programming, activities, or

18 services. These organizations include, but are not limited to,

19 music and dramatic arts organizations such as symphony

20 orchestras and theatrical groups, arts and cultural service

21 organizations, local arts councils, visual arts organizations,

22 and media arts organizations. On and after July 1, 2001 (the

23 effective date of Public Act 92-35), however, an entity

24 otherwise eligible for this exemption shall not make tax-free

25 purchases unless it has an active identification number issued

26 by the Department.
    SB2394 Enrolled      - 804 - LRB104 09208 AMC 19265 b

1   (4) Legal tender, currency, medallions, or gold or silver

2 coinage issued by the State of Illinois, the government of the

3 United States of America, or the government of any foreign

4 country, and bullion.

5   (5) Until July 1, 2003 and beginning again on September 1,

6 2004 through August 30, 2014, graphic arts machinery and

7 equipment, including repair and replacement parts, both new

8 and used, and including that manufactured on special order or

9 purchased for lease, certified by the purchaser to be used

10 primarily for graphic arts production. Equipment includes

11 chemicals or chemicals acting as catalysts but only if the

12 chemicals or chemicals acting as catalysts effect a direct and

13 immediate change upon a graphic arts product. Beginning on

14 July 1, 2017, graphic arts machinery and equipment is included

15 in the manufacturing and assembling machinery and equipment

16 exemption under Section 2 of this Act.

17  (6) Personal property sold by a teacher-sponsored student

18 organization affiliated with an elementary or secondary school

19 located in Illinois.

20  (7) Farm machinery and equipment, both new and used,

21 including that manufactured on special order, certified by the

22 purchaser to be used primarily for production agriculture or

23 State or federal agricultural programs, including individual

24 replacement parts for the machinery and equipment, including

25 machinery and equipment purchased for lease, and including

26 implements of husbandry defined in Section 1-130 of the
    SB2394 Enrolled  - 805 - LRB104 09208 AMC 19265 b

1 Illinois Vehicle Code, farm machinery and agricultural

2 chemical and fertilizer spreaders, and nurse wagons required

3 to be registered under Section 3-809 of the Illinois Vehicle

4 Code, but excluding other motor vehicles required to be

5 registered under the Illinois Vehicle Code. Horticultural

6 polyhouses or hoop houses used for propagating, growing, or

7 overwintering plants shall be considered farm machinery and

8 equipment under this item (7). Agricultural chemical tender

9 tanks and dry boxes shall include units sold separately from a

10 motor vehicle required to be licensed and units sold mounted

11 on a motor vehicle required to be licensed if the selling price

12 of the tender is separately stated.

13  Farm machinery and equipment shall include precision

14 farming equipment that is installed or purchased to be

15 installed on farm machinery and equipment, including, but not

16 limited to, tractors, harvesters, sprayers, planters, seeders,

17 or spreaders. Precision farming equipment includes, but is not

18 limited to, soil testing sensors, computers, monitors,

19 software, global positioning and mapping systems, and other

20 such equipment.

21  Farm machinery and equipment also includes computers,

22 sensors, software, and related equipment used primarily in the

23 computer-assisted operation of production agriculture

24 facilities, equipment, and activities such as, but not limited

25 to, the collection, monitoring, and correlation of animal and

26 crop data for the purpose of formulating animal diets and
    SB2394 Enrolled        - 806 - LRB104 09208 AMC 19265 b

1 agricultural chemicals.

2   Beginning on January 1, 2024, farm machinery and equipment

3 also includes electrical power generation equipment used

4 primarily for production agriculture.

5   This item (7) is exempt from the provisions of Section

6 3-55.

7   (8) Until June 30, 2013, fuel and petroleum products sold

8 to or used by an air common carrier, certified by the carrier

9 to be used for consumption, shipment, or storage in the

10 conduct of its business as an air common carrier, for a flight

11 destined for or returning from a location or locations outside

12 the United States without regard to previous or subsequent

13 domestic stopovers.

14  Beginning July 1, 2013, fuel and petroleum products sold

15 to or used by an air carrier, certified by the carrier to be

16 used for consumption, shipment, or storage in the conduct of

17 its business as an air common carrier, for a flight that (i) is

18 engaged in foreign trade or is engaged in trade between the

19 United States and any of its possessions and (ii) transports

20 at least one individual or package for hire from the city of

21 origination to the city of final destination on the same

22 aircraft, without regard to a change in the flight number of

23 that aircraft.

24  (9) Proceeds of mandatory service charges separately

25 stated on customers' bills for the purchase and consumption of

26 food and beverages, to the extent that the proceeds of the
    SB2394 Enrolled  - 807 - LRB104 09208 AMC 19265 b

1 service charge are in fact turned over as tips or as a

2 substitute for tips to the employees who participate directly

3 in preparing, serving, hosting or cleaning up the food or

4 beverage function with respect to which the service charge is

5 imposed.

6   (10) Until July 1, 2003, oil field exploration, drilling,

7 and production equipment, including (i) rigs and parts of

8 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

9 pipe and tubular goods, including casing and drill strings,

10 (iii) pumps and pump-jack units, (iv) storage tanks and flow

11 lines, (v) any individual replacement part for oil field

12 exploration, drilling, and production equipment, and (vi)

13 machinery and equipment purchased for lease; but excluding

14 motor vehicles required to be registered under the Illinois

15 Vehicle Code.

16  (11) Photoprocessing machinery and equipment, including

17 repair and replacement parts, both new and used, including

18 that manufactured on special order, certified by the purchaser

19 to be used primarily for photoprocessing, and including

20 photoprocessing machinery and equipment purchased for lease.

21  (12) Until July 1, 2028, coal and aggregate exploration,

22 mining, off-highway hauling, processing, maintenance, and

23 reclamation equipment, including replacement parts and

24 equipment, and including equipment purchased for lease, but

25 excluding motor vehicles required to be registered under the

26 Illinois Vehicle Code. The changes made to this Section by
    SB2394 Enrolled  - 808 - LRB104 09208 AMC 19265 b

1 Public Act 97-767 apply on and after July 1, 2003, but no claim

2 for credit or refund is allowed on or after August 16, 2013

3 (the effective date of Public Act 98-456) for such taxes paid

4 during the period beginning July 1, 2003 and ending on August

5 16, 2013 (the effective date of Public Act 98-456).

6   (13) Beginning January 1, 1992 and through June 30, 2016,

7 food for human consumption that is to be consumed off the

8 premises where it is sold (other than alcoholic beverages,

9 soft drinks and food that has been prepared for immediate

10 consumption) and prescription and non-prescription medicines,

11 drugs, medical appliances, and insulin, urine testing

12 materials, syringes, and needles used by diabetics, for human

13 use, when purchased for use by a person receiving medical

14 assistance under Article V of the Illinois Public Aid Code who

15 resides in a licensed long-term care facility, as defined in

16 the Nursing Home Care Act, or in a licensed facility as defined

17 in the ID/DD Community Care Act, the MC/DD Act, or the

18 Specialized Mental Health Rehabilitation Act of 2013.

19  (14) Semen used for artificial insemination of livestock

20 for direct agricultural production.

21  (15) Horses, or interests in horses, registered with and

22 meeting the requirements of any of the Arabian Horse Club

23 Registry of America, Appaloosa Horse Club, American Quarter

24 Horse Association, United States Trotting Association, or

25 Jockey Club, as appropriate, used for purposes of breeding or

26 racing for prizes. This item (15) is exempt from the
    SB2394 Enrolled     - 809 - LRB104 09208 AMC 19265 b

1 provisions of Section 3-55, and the exemption provided for

2 under this item (15) applies for all periods beginning May 30,

3 1995, but no claim for credit or refund is allowed on or after

4 January 1, 2008 (the effective date of Public Act 95-88) for

5 such taxes paid during the period beginning May 30, 2000 and

6 ending on January 1, 2008 (the effective date of Public Act

7 95-88).

8   (16) Computers and communications equipment utilized for

9 any hospital purpose and equipment used in the diagnosis,

10 analysis, or treatment of hospital patients sold to a lessor

11 who leases the equipment, under a lease of one year or longer

12 executed or in effect at the time of the purchase, to a

13 hospital that has been issued an active tax exemption

14 identification number by the Department under Section 1g of

15 the Retailers' Occupation Tax Act.

16  (17) Personal property sold to a lessor who leases the

17 property, under a lease of one year or longer executed or in

18 effect at the time of the purchase, to a governmental body that

19 has been issued an active tax exemption identification number

20 by the Department under Section 1g of the Retailers'

21 Occupation Tax Act.

22  (18) Beginning with taxable years ending on or after

23 December 31, 1995 and ending with taxable years ending on or

24 before December 31, 2004, personal property that is donated

25 for disaster relief to be used in a State or federally declared

26 disaster area in Illinois or bordering Illinois by a
    SB2394 Enrolled             - 810 - LRB104 09208 AMC 19265 b

1 manufacturer or retailer that is registered in this State to a

2 corporation, society, association, foundation, or institution

3 that has been issued a sales tax exemption identification

4 number by the Department that assists victims of the disaster

5 who reside within the declared disaster area.

6   (19) Beginning with taxable years ending on or after

7 December 31, 1995 and ending with taxable years ending on or

8 before December 31, 2004, personal property that is used in

9 the performance of infrastructure repairs in this State,

10 including, but not limited to, municipal roads and streets,

11 access roads, bridges, sidewalks, waste disposal systems,

12 water and sewer line extensions, water distribution and

13 purification facilities, storm water drainage and retention

14 facilities, and sewage treatment facilities, resulting from a

15 State or federally declared disaster in Illinois or bordering

16 Illinois when such repairs are initiated on facilities located

17 in the declared disaster area within 6 months after the

18 disaster.

19  (20) Beginning July 1, 1999, game or game birds sold at a

20 "game breeding and hunting preserve area" as that term is used

21 in the Wildlife Code. This paragraph is exempt from the

22 provisions of Section 3-55.

23  (21) A motor vehicle, as that term is defined in Section

24 1-146 of the Illinois Vehicle Code, that is donated to a

25 corporation, limited liability company, society, association,

26 foundation, or institution that is determined by the
    SB2394 Enrolled  - 811 - LRB104 09208 AMC 19265 b

1 Department to be organized and operated exclusively for

2 educational purposes. For purposes of this exemption, "a

3 corporation, limited liability company, society, association,

4 foundation, or institution organized and operated exclusively

5 for educational purposes" means all tax-supported public

6 schools, private schools that offer systematic instruction in

7 useful branches of learning by methods common to public

8 schools and that compare favorably in their scope and

9 intensity with the course of study presented in tax-supported

10 schools, and vocational or technical schools or institutes

11 organized and operated exclusively to provide a course of

12 study of not less than 6 weeks duration and designed to prepare

13 individuals to follow a trade or to pursue a manual,

14 technical, mechanical, industrial, business, or commercial

15 occupation.

16  (22) Beginning January 1, 2000, personal property,

17 including food, purchased through fundraising events for the

18 benefit of a public or private elementary or secondary school,

19 a group of those schools, or one or more school districts if

20 the events are sponsored by an entity recognized by the school

21 district that consists primarily of volunteers and includes

22 parents and teachers of the school children. This paragraph

23 does not apply to fundraising events (i) for the benefit of

24 private home instruction or (ii) for which the fundraising

25 entity purchases the personal property sold at the events from

26 another individual or entity that sold the property for the
    SB2394 Enrolled  - 812 - LRB104 09208 AMC 19265 b

1 purpose of resale by the fundraising entity and that profits

2 from the sale to the fundraising entity. This paragraph is

3 exempt from the provisions of Section 3-55.

4   (23) Beginning January 1, 2000 and through December 31,

5 2001, new or used automatic vending machines that prepare and

6 serve hot food and beverages, including coffee, soup, and

7 other items, and replacement parts for these machines.

8 Beginning January 1, 2002 and through June 30, 2003, machines

9 and parts for machines used in commercial, coin-operated

10 amusement and vending business if a use or occupation tax is

11 paid on the gross receipts derived from the use of the

12 commercial, coin-operated amusement and vending machines. This

13 paragraph is exempt from the provisions of Section 3-55.

14  (24) Beginning on August 2, 2001 (the effective date of

15 Public Act 92-227), computers and communications equipment

16 utilized for any hospital purpose and equipment used in the

17 diagnosis, analysis, or treatment of hospital patients sold to

18 a lessor who leases the equipment, under a lease of one year or

19 longer executed or in effect at the time of the purchase, to a

20 hospital that has been issued an active tax exemption

21 identification number by the Department under Section 1g of

22 the Retailers' Occupation Tax Act. This paragraph is exempt

23 from the provisions of Section 3-55.

24  (25) Beginning on August 2, 2001 (the effective date of

25 Public Act 92-227), personal property sold to a lessor who

26 leases the property, under a lease of one year or longer
   SB2394 Enrolled  - 813 - LRB104 09208 AMC 19265 b

1 executed or in effect at the time of the purchase, to a

2 governmental body that has been issued an active tax exemption

3 identification number by the Department under Section 1g of

4 the Retailers' Occupation Tax Act. This paragraph is exempt

5 from the provisions of Section 3-55.

6  (26) Beginning on January 1, 2002 and through June 30,

7 2016, tangible personal property purchased from an Illinois

8 retailer by a taxpayer engaged in centralized purchasing

9 activities in Illinois who will, upon receipt of the property

10 in Illinois, temporarily store the property in Illinois (i)

11 for the purpose of subsequently transporting it outside this

12 State for use or consumption thereafter solely outside this

13 State or (ii) for the purpose of being processed, fabricated,

14 or manufactured into, attached to, or incorporated into other

15 tangible personal property to be transported outside this

16 State and thereafter used or consumed solely outside this

17 State. The Director of Revenue shall, pursuant to rules

18 adopted in accordance with the Illinois Administrative

19 Procedure Act, issue a permit to any taxpayer in good standing

20 with the Department who is eligible for the exemption under

21 this paragraph (26). The permit issued under this paragraph

22 (26) shall authorize the holder, to the extent and in the

23 manner specified in the rules adopted under this Act, to

24 purchase tangible personal property from a retailer exempt

25 from the taxes imposed by this Act. Taxpayers shall maintain

26 all necessary books and records to substantiate the use and
    SB2394 Enrolled       - 814 - LRB104 09208 AMC 19265 b

1 consumption of all such tangible personal property outside of

2 the State of Illinois.

3   (27) Beginning January 1, 2008, tangible personal property

4 used in the construction or maintenance of a community water

5 supply, as defined under Section 3.145 of the Environmental

6 Protection Act, that is operated by a not-for-profit

7 corporation that holds a valid water supply permit issued

8 under Title IV of the Environmental Protection Act. This

9 paragraph is exempt from the provisions of Section 3-55.

10  (28) Tangible personal property sold to a

11 public-facilities corporation, as described in Section

12 11-65-10 of the Illinois Municipal Code, for purposes of

13 constructing or furnishing a municipal convention hall, but

14 only if the legal title to the municipal convention hall is

15 transferred to the municipality without any further

16 consideration by or on behalf of the municipality at the time

17 of the completion of the municipal convention hall or upon the

18 retirement or redemption of any bonds or other debt

19 instruments issued by the public-facilities corporation in

20 connection with the development of the municipal convention

21 hall. This exemption includes existing public-facilities

22 corporations as provided in Section 11-65-25 of the Illinois

23 Municipal Code. This paragraph is exempt from the provisions

24 of Section 3-55.

25  (29) Beginning January 1, 2010 and continuing through

26 December 31, 2029, materials, parts, equipment, components,
    SB2394 Enrolled  - 815 - LRB104 09208 AMC 19265 b

1 and furnishings incorporated into or upon an aircraft as part

2 of the modification, refurbishment, completion, replacement,

3 repair, or maintenance of the aircraft. This exemption

4 includes consumable supplies used in the modification,

5 refurbishment, completion, replacement, repair, and

6 maintenance of aircraft. However, until January 1, 2024, this

7 exemption excludes any materials, parts, equipment,

8 components, and consumable supplies used in the modification,

9 replacement, repair, and maintenance of aircraft engines or

10 power plants, whether such engines or power plants are

11 installed or uninstalled upon any such aircraft. "Consumable

12 supplies" include, but are not limited to, adhesive, tape,

13 sandpaper, general purpose lubricants, cleaning solution,

14 latex gloves, and protective films.

15  Beginning January 1, 2010 and continuing through December

16 31, 2023, this exemption applies only to the transfer of

17 qualifying tangible personal property incident to the

18 modification, refurbishment, completion, replacement, repair,

19 or maintenance of an aircraft by persons who (i) hold an Air

20 Agency Certificate and are empowered to operate an approved

21 repair station by the Federal Aviation Administration, (ii)

22 have a Class IV Rating, and (iii) conduct operations in

23 accordance with Part 145 of the Federal Aviation Regulations.

24 The exemption does not include aircraft operated by a

25 commercial air carrier providing scheduled passenger air

26 service pursuant to authority issued under Part 121 or Part
    SB2394 Enrolled  - 816 - LRB104 09208 AMC 19265 b

1 129 of the Federal Aviation Regulations. From January 1, 2024

2 through December 31, 2029, this exemption applies only to the

3 transfer of qualifying tangible personal property incident to:

4 (A) the modification, refurbishment, completion, repair,

5 replacement, or maintenance of an aircraft by persons who (i)

6 hold an Air Agency Certificate and are empowered to operate an

7 approved repair station by the Federal Aviation

8 Administration, (ii) have a Class IV Rating, and (iii) conduct

9 operations in accordance with Part 145 of the Federal Aviation

10 Regulations; and (B) the modification, replacement, repair,

11 and maintenance of aircraft engines or power plants without

12 regard to whether or not those persons meet the qualifications

13 of item (A).

14  The changes made to this paragraph (29) by Public Act

15 98-534 are declarative of existing law. It is the intent of the

16 General Assembly that the exemption under this paragraph (29)

17 applies continuously from January 1, 2010 through December 31,

18 2024; however, no claim for credit or refund is allowed for

19 taxes paid as a result of the disallowance of this exemption on

20 or after January 1, 2015 and prior to February 5, 2020 (the

21 effective date of Public Act 101-629).

22  (30) Beginning January 1, 2017 and through December 31,

23 2026, menstrual pads, tampons, and menstrual cups.

24  (31) Tangible personal property transferred to a purchaser

25 who is exempt from tax by operation of federal law. This

26 paragraph is exempt from the provisions of Section 3-55.
    SB2394 Enrolled         - 817 - LRB104 09208 AMC 19265 b

1   (32) Qualified tangible personal property used in the

2 construction or operation of a data center that has been

3 granted a certificate of exemption by the Department of

4 Commerce and Economic Opportunity, whether that tangible

5 personal property is purchased by the owner, operator, or

6 tenant of the data center or by a contractor or subcontractor

7 of the owner, operator, or tenant. Data centers that would

8 have qualified for a certificate of exemption prior to January

9 1, 2020 had Public Act 101-31 been in effect, may apply for and

10 obtain an exemption for subsequent purchases of computer

11 equipment or enabling software purchased or leased to upgrade,

12 supplement, or replace computer equipment or enabling software

13 purchased or leased in the original investment that would have

14 qualified.

15  The Department of Commerce and Economic Opportunity shall

16 grant a certificate of exemption under this item (32) to

17 qualified data centers as defined by Section 605-1025 of the

18 Department of Commerce and Economic Opportunity Law of the

19 Civil Administrative Code of Illinois.

20  For the purposes of this item (32):

21  "Data center" means a building or a series of

22  buildings rehabilitated or constructed to house working

23  servers in one physical location or multiple sites within

24  the State of Illinois.

25  "Qualified tangible personal property" means:

26  electrical systems and equipment; climate control and
    SB2394 Enrolled        - 818 - LRB104 09208 AMC 19265 b

1   chilling equipment and systems; mechanical systems and

2   equipment; monitoring and secure systems; emergency

3   generators; hardware; computers; servers; data storage

4   devices; network connectivity equipment; racks; cabinets;

5   telecommunications cabling infrastructure; raised floor

6   systems; peripheral components or systems; software;

7   mechanical, electrical, or plumbing systems; battery

8   systems; cooling systems and towers; temperature control

9   systems; other cabling; and other data center

10  infrastructure equipment and systems necessary to operate

11  qualified tangible personal property, including fixtures;

12  and component parts of any of the foregoing, including

13  installation, maintenance, repair, refurbishment, and

14  replacement of qualified tangible personal property to

15  generate, transform, transmit, distribute, or manage

16  electricity necessary to operate qualified tangible

17  personal property; and all other tangible personal

18  property that is essential to the operations of a computer

19  data center. The term "qualified tangible personal

20  property" also includes building materials physically

21  incorporated into the qualifying data center. To document

22  the exemption allowed under this Section, the retailer

23  must obtain from the purchaser a copy of the certificate

24  of eligibility issued by the Department of Commerce and

25  Economic Opportunity.

26  This item (32) is exempt from the provisions of Section
    SB2394 Enrolled        - 819 - LRB104 09208 AMC 19265 b

1 3-55.

2   (33) Beginning July 1, 2022, breast pumps, breast pump

3 collection and storage supplies, and breast pump kits. This

4 item (33) is exempt from the provisions of Section 3-55. As

5 used in this item (33):

6        "Breast pump" means an electrically controlled or

7   manually controlled pump device designed or marketed to be

8   used to express milk from a human breast during lactation,

9   including the pump device and any battery, AC adapter, or

10  other power supply unit that is used to power the pump

11  device and is packaged and sold with the pump device at the

12  time of sale.

13       "Breast pump collection and storage supplies" means

14  items of tangible personal property designed or marketed

15  to be used in conjunction with a breast pump to collect

16  milk expressed from a human breast and to store collected

17  milk until it is ready for consumption.

18       "Breast pump collection and storage supplies"

19  includes, but is not limited to: breast shields and breast

20  shield connectors; breast pump tubes and tubing adapters;

21  breast pump valves and membranes; backflow protectors and

22  backflow protector adaptors; bottles and bottle caps

23  specific to the operation of the breast pump; and breast

24  milk storage bags.

25       "Breast pump collection and storage supplies" does not

26  include: (1) bottles and bottle caps not specific to the
    SB2394 Enrolled  - 820 - LRB104 09208 AMC 19265 b

1   operation of the breast pump; (2) breast pump travel bags

2   and other similar carrying accessories, including ice

3   packs, labels, and other similar products; (3) breast pump

4   cleaning supplies; (4) nursing bras, bra pads, breast

5   shells, and other similar products; and (5) creams,

6   ointments, and other similar products that relieve

7   breastfeeding-related symptoms or conditions of the

8   breasts or nipples, unless sold as part of a breast pump

9   kit that is pre-packaged by the breast pump manufacturer

10  or distributor.

11  "Breast pump kit" means a kit that: (1) contains no

12  more than a breast pump, breast pump collection and

13  storage supplies, a rechargeable battery for operating the

14  breast pump, a breastmilk cooler, bottle stands, ice

15  packs, and a breast pump carrying case; and (2) is

16  pre-packaged as a breast pump kit by the breast pump

17  manufacturer or distributor.

18  (34) Tangible personal property sold by or on behalf of

19 the State Treasurer pursuant to the Revised Uniform Unclaimed

20 Property Act. This item (34) is exempt from the provisions of

21 Section 3-55.

22  (35) Beginning on January 1, 2024, tangible personal

23 property purchased by an active duty member of the armed

24 forces of the United States who presents valid military

25 identification and purchases the property using a form of

26 payment where the federal government is the payor. The member
    SB2394 Enrolled  - 821 - LRB104 09208 AMC 19265 b

1 of the armed forces must complete, at the point of sale, a form

2 prescribed by the Department of Revenue documenting that the

3 transaction is eligible for the exemption under this

4 paragraph. Retailers must keep the form as documentation of

5 the exemption in their records for a period of not less than 6

6 years. "Armed forces of the United States" means the United

7 States Army, Navy, Air Force, Space Force, Marine Corps, or

8 Coast Guard. This paragraph is exempt from the provisions of

9 Section 3-55.

10  (36) Beginning July 1, 2024, home-delivered meals provided

11 to Medicare or Medicaid recipients when payment is made by an

12 intermediary, such as a Medicare Administrative Contractor, a

13 Managed Care Organization, or a Medicare Advantage

14 Organization, pursuant to a government contract. This

15 paragraph (36) (35) is exempt from the provisions of Section

16 3-55.

17  (37) (36) Beginning on January 1, 2026, as further defined

18 in Section 3-10, food prepared for immediate consumption and

19 transferred incident to a sale of service subject to this Act

20 or the Service Use Tax Act by an entity licensed under the

21 Hospital Licensing Act, the Nursing Home Care Act, the

22 Assisted Living and Shared Housing Act, the ID/DD Community

23 Care Act, the MC/DD Act, the Specialized Mental Health

24 Rehabilitation Act of 2013, or the Child Care Act of 1969 or by

25 an entity that holds a permit issued pursuant to the Life Care

26 Facilities Act. This item (37) (36) is exempt from the
    SB2394 Enrolled            - 822 - LRB104 09208 AMC 19265 b

1 provisions of Section 3-55.

2   (38) (37) Beginning on January 1, 2026, as further defined

3 in Section 3-10, food for human consumption that is to be

4 consumed off the premises where it is sold (other than

5 alcoholic beverages, food consisting of or infused with adult

6 use cannabis, soft drinks, candy, and food that has been

7 prepared for immediate consumption). This item (38) (37) is

8 exempt from the provisions of Section 3-55.

9   (39) (36) The lease of the following tangible personal

10 property:

11  (1) computer software transferred subject to a license

12  that meets the following requirements:

13            (A) it is evidenced by a written agreement signed

14  by the licensor and the customer;

15                   (i) an electronic agreement in which the

16            customer accepts the license by means of an

17            electronic signature that is verifiable and can be

18            authenticated and is attached to or made part of

19            the license will comply with this requirement;

20                   (ii) a license agreement in which the customer

21            electronically accepts the terms by clicking "I

22            agree" does not comply with this requirement;

23            (B) it restricts the customer's duplication and

24  use of the software;

25            (C) it prohibits the customer from licensing,

26  sublicensing, or transferring the software to a third
    SB2394 Enrolled    - 823 - LRB104 09208 AMC 19265 b

1   party (except to a related party) without the

2   permission and continued control of the licensor;

3   (D) the licensor has a policy of providing another

4   copy at minimal or no charge if the customer loses or

5   damages the software, or of permitting the licensee to

6   make and keep an archival copy, and such policy is

7   either stated in the license agreement, supported by

8   the licensor's books and records, or supported by a

9   notarized statement made under penalties of perjury by

10  the licensor; and

11  (E) the customer must destroy or return all copies

12  of the software to the licensor at the end of the

13  license period; this provision is deemed to be met, in

14  the case of a perpetual license, without being set

15  forth in the license agreement; and

16  (2) property that is subject to a tax on lease

17  receipts imposed by a home rule unit of local government

18  if the ordinance imposing that tax was adopted prior to

19  January 1, 2023.

20 (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,

21 Section 70-15, eff. 4-19-22; 102-700, Article 75, Section

22 75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,

23 Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15,

24 eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;

25 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff.

26 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995,
    SB2394 Enrolled  - 824 - LRB104 09208 AMC 19265 b

1 eff. 8-9-24; revised 11-26-24.)

2   (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

3   Sec. 3-10. Rate of tax. Unless otherwise provided in this

4 Section, the tax imposed by this Act is at the rate of 6.25% of

5 the "selling price", as defined in Section 2 of the Service Use

6 Tax Act, of the tangible personal property, including, on and

7 after January 1, 2025, tangible personal property transferred

8 by lease. For the purpose of computing this tax, in no event

9 shall the "selling price" be less than the cost price to the

10 serviceman of the tangible personal property transferred. The

11 selling price of each item of tangible personal property

12 transferred as an incident of a sale of service may be shown as

13 a distinct and separate item on the serviceman's billing to

14 the service customer. If the selling price is not so shown, the

15 selling price of the tangible personal property is deemed to

16 be 50% of the serviceman's entire billing to the service

17 customer. When, however, a serviceman contracts to design,

18 develop, and produce special order machinery or equipment, the

19 tax imposed by this Act shall be based on the serviceman's cost

20 price of the tangible personal property transferred incident

21 to the completion of the contract.

22  Beginning on July 1, 2000 and through December 31, 2000,

23 with respect to motor fuel, as defined in Section 1.1 of the

24 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

25 the Use Tax Act, the tax is imposed at the rate of 1.25%.
    SB2394 Enrolled        - 825 - LRB104 09208 AMC 19265 b

1   With respect to gasohol, as defined in the Use Tax Act, the

2 tax imposed by this Act shall apply to (i) 70% of the cost

3 price of property transferred as an incident to the sale of

4 service on or after January 1, 1990, and before July 1, 2003,

5 (ii) 80% of the selling price of property transferred as an

6 incident to the sale of service on or after July 1, 2003 and on

7 or before July 1, 2017, (iii) 100% of the selling price of

8 property transferred as an incident to the sale of service

9 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

10 the selling price of property transferred as an incident to

11 the sale of service on or after January 1, 2024 and on or

12 before December 31, 2028, and (v) 100% of the selling price of

13 property transferred as an incident to the sale of service

14 after December 31, 2028. If, at any time, however, the tax

15 under this Act on sales of gasohol, as defined in the Use Tax

16 Act, is imposed at the rate of 1.25%, then the tax imposed by

17 this Act applies to 100% of the proceeds of sales of gasohol

18 made during that time.

19  With respect to mid-range ethanol blends, as defined in

20 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

21 applies to (i) 80% of the selling price of property

22 transferred as an incident to the sale of service on or after

23 January 1, 2024 and on or before December 31, 2028 and (ii)

24 100% of the selling price of property transferred as an

25 incident to the sale of service after December 31, 2028. If, at

26 any time, however, the tax under this Act on sales of mid-range
    SB2394 Enrolled  - 826 - LRB104 09208 AMC 19265 b

1 ethanol blends is imposed at the rate of 1.25%, then the tax

2 imposed by this Act applies to 100% of the selling price of

3 mid-range ethanol blends transferred as an incident to the

4 sale of service during that time.

5   With respect to majority blended ethanol fuel, as defined

6 in the Use Tax Act, the tax imposed by this Act does not apply

7 to the selling price of property transferred as an incident to

8 the sale of service on or after July 1, 2003 and on or before

9 December 31, 2028 but applies to 100% of the selling price

10 thereafter.

11  With respect to biodiesel blends, as defined in the Use

12 Tax Act, with no less than 1% and no more than 10% biodiesel,

13 the tax imposed by this Act applies to (i) 80% of the selling

14 price of property transferred as an incident to the sale of

15 service on or after July 1, 2003 and on or before December 31,

16 2018 and (ii) 100% of the proceeds of the selling price after

17 December 31, 2018 and before January 1, 2024. On and after

18 January 1, 2024 and on or before December 31, 2030, the

19 taxation of biodiesel, renewable diesel, and biodiesel blends

20 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

21 at any time, however, the tax under this Act on sales of

22 biodiesel blends, as defined in the Use Tax Act, with no less

23 than 1% and no more than 10% biodiesel is imposed at the rate

24 of 1.25%, then the tax imposed by this Act applies to 100% of

25 the proceeds of sales of biodiesel blends with no less than 1%

26 and no more than 10% biodiesel made during that time.
    SB2394 Enrolled           - 827 - LRB104 09208 AMC 19265 b

1   With respect to biodiesel, as defined in the Use Tax Act,

2 and biodiesel blends, as defined in the Use Tax Act, with more

3 than 10% but no more than 99% biodiesel material, the tax

4 imposed by this Act does not apply to the proceeds of the

5 selling price of property transferred as an incident to the

6 sale of service on or after July 1, 2003 and on or before

7 December 31, 2023. On and after January 1, 2024 and on or

8 before December 31, 2030, the taxation of biodiesel, renewable

9 diesel, and biodiesel blends shall be as provided in Section

10 3-5.1 of the Use Tax Act.

11  At the election of any registered serviceman made for each

12 fiscal year, sales of service in which the aggregate annual

13 cost price of tangible personal property transferred as an

14 incident to the sales of service is less than 35%, or 75% in

15 the case of servicemen transferring prescription drugs or

16 servicemen engaged in graphic arts production, of the

17 aggregate annual total gross receipts from all sales of

18 service, the tax imposed by this Act shall be based on the

19 serviceman's cost price of the tangible personal property

20 transferred incident to the sale of those services.

21  Until July 1, 2022 and from July 1, 2023 through December

22 31, 2025, the tax shall be imposed at the rate of 1% on food

23 prepared for immediate consumption and transferred incident to

24 a sale of service subject to this Act or the Service Use Tax

25 Act by an entity licensed under the Hospital Licensing Act,

26 the Nursing Home Care Act, the Assisted Living and Shared
    SB2394 Enrolled  - 828 - LRB104 09208 AMC 19265 b

1 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

2 Specialized Mental Health Rehabilitation Act of 2013, or the

3 Child Care Act of 1969, or an entity that holds a permit issued

4 pursuant to the Life Care Facilities Act. Until July 1, 2022

5 and from July 1, 2023 through December 31, 2025, the tax shall

6 also be imposed at the rate of 1% on food for human consumption

7 that is to be consumed off the premises where it is sold (other

8 than alcoholic beverages, food consisting of or infused with

9 adult use cannabis, soft drinks, and food that has been

10 prepared for immediate consumption and is not otherwise

11 included in this paragraph).

12  Beginning on July 1, 2022 and until July 1, 2023, the tax

13 shall be imposed at the rate of 0% on food prepared for

14 immediate consumption and transferred incident to a sale of

15 service subject to this Act or the Service Use Tax Act by an

16 entity licensed under the Hospital Licensing Act, the Nursing

17 Home Care Act, the Assisted Living and Shared Housing Act, the

18 ID/DD Community Care Act, the MC/DD Act, the Specialized

19 Mental Health Rehabilitation Act of 2013, or the Child Care

20 Act of 1969, or an entity that holds a permit issued pursuant

21 to the Life Care Facilities Act. Beginning July 1, 2022 and

22 until July 1, 2023, the tax shall also be imposed at the rate

23 of 0% on food for human consumption that is to be consumed off

24 the premises where it is sold (other than alcoholic beverages,

25 food consisting of or infused with adult use cannabis, soft

26 drinks, and food that has been prepared for immediate
    SB2394 Enrolled      - 829 - LRB104 09208 AMC 19265 b

1 consumption and is not otherwise included in this paragraph).

2   On and after January 1, 2026, food prepared for immediate

3 consumption and transferred incident to a sale of service

4 subject to this Act or the Service Use Tax Act by an entity

5 licensed under the Hospital Licensing Act, the Nursing Home

6 Care Act, the Assisted Living and Shared Housing Act, the

7 ID/DD Community Care Act, the MC/DD Act, the Specialized

8 Mental Health Rehabilitation Act of 2013, or the Child Care

9 Act of 1969, or an entity that holds a permit issued pursuant

10 to the Life Care Facilities Act is exempt from the tax imposed

11 by this Act. On and after January 1, 2026, food for human

12 consumption that is to be consumed off the premises where it is

13 sold (other than alcoholic beverages, food consisting of or

14 infused with adult use cannabis, soft drinks, candy, and food

15 that has been prepared for immediate consumption and is not

16 otherwise included in this paragraph) is exempt from the tax

17 imposed by this Act.

18  The tax shall be imposed at the rate of 1% on prescription

19 and nonprescription medicines, drugs, medical appliances,

20 products classified as Class III medical devices by the United

21 States Food and Drug Administration that are used for cancer

22 treatment pursuant to a prescription, as well as any

23 accessories and components related to those devices,

24 modifications to a motor vehicle for the purpose of rendering

25 it usable by a person with a disability, and insulin, blood

26 sugar testing materials, syringes, and needles used by human
    SB2394 Enrolled  - 830 - LRB104 09208 AMC 19265 b

1 diabetics. For the purposes of this Section, until September

2 1, 2009: the term "soft drinks" means any complete, finished,

3 ready-to-use, non-alcoholic drink, whether carbonated or not,

4 including, but not limited to, soda water, cola, fruit juice,

5 vegetable juice, carbonated water, and all other preparations

6 commonly known as soft drinks of whatever kind or description

7 that are contained in any closed or sealed can, carton, or

8 container, regardless of size; but "soft drinks" does not

9 include coffee, tea, non-carbonated water, infant formula,

10 milk or milk products as defined in the Grade A Pasteurized

11 Milk and Milk Products Act, or drinks containing 50% or more

12 natural fruit or vegetable juice.

13  Notwithstanding any other provisions of this Act,

14 beginning September 1, 2009, "soft drinks" means non-alcoholic

15 beverages that contain natural or artificial sweeteners. "Soft

16 drinks" does not include beverages that contain milk or milk

17 products, soy, rice or similar milk substitutes, or greater

18 than 50% of vegetable or fruit juice by volume.

19  Until August 1, 2009, and notwithstanding any other

20 provisions of this Act, "food for human consumption that is to

21 be consumed off the premises where it is sold" includes all

22 food sold through a vending machine, except soft drinks and

23 food products that are dispensed hot from a vending machine,

24 regardless of the location of the vending machine. Beginning

25 August 1, 2009, and notwithstanding any other provisions of

26 this Act, "food for human consumption that is to be consumed
    SB2394 Enrolled  - 831 - LRB104 09208 AMC 19265 b

1 off the premises where it is sold" includes all food sold

2 through a vending machine, except soft drinks, candy, and food

3 products that are dispensed hot from a vending machine,

4 regardless of the location of the vending machine.

5   Notwithstanding any other provisions of this Act,

6 beginning September 1, 2009, "food for human consumption that

7 is to be consumed off the premises where it is sold" does not

8 include candy. For purposes of this Section, "candy" means a

9 preparation of sugar, honey, or other natural or artificial

10 sweeteners in combination with chocolate, fruits, nuts or

11 other ingredients or flavorings in the form of bars, drops, or

12 pieces. "Candy" does not include any preparation that contains

13 flour or requires refrigeration.

14  Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "nonprescription medicines and

16 drugs" does not include grooming and hygiene products. For

17 purposes of this Section, "grooming and hygiene products"

18 includes, but is not limited to, soaps and cleaning solutions,

19 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

20 lotions and screens, unless those products are available by

21 prescription only, regardless of whether the products meet the

22 definition of "over-the-counter-drugs". For the purposes of

23 this paragraph, "over-the-counter-drug" means a drug for human

24 use that contains a label that identifies the product as a drug

25 as required by 21 CFR 201.66. The "over-the-counter-drug"

26 label includes:
    SB2394 Enrolled            - 832 - LRB104 09208 AMC 19265 b

1   (A) a "Drug Facts" panel; or

2   (B) a statement of the "active ingredient(s)" with a

3   list of those ingredients contained in the compound,

4   substance or preparation.

5   Beginning on January 1, 2014 (the effective date of Public

6 Act 98-122), "prescription and nonprescription medicines and

7 drugs" includes medical cannabis purchased from a registered

8 dispensing organization under the Compassionate Use of Medical

9 Cannabis Program Act.

10  As used in this Section, "adult use cannabis" means

11 cannabis subject to tax under the Cannabis Cultivation

12 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

13 and does not include cannabis subject to tax under the

14 Compassionate Use of Medical Cannabis Program Act.

15 (Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;

16 102-700, Article 20, Section 20-15, eff. 4-19-22; 102-700,

17 Article 60, Section 60-25, eff. 4-19-22; 103-9, eff. 6-7-23;

18 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff.

19 8-5-24; revised 11-26-24.)

20  Section 305. The Retailers' Occupation Tax Act is amended

21 by changing Sections 1, 2, 2-5, 2-10, and 2-12 as follows:

22  (35 ILCS 120/1)

23  Sec. 1. Definitions. As used in this Act:

24  "Sale at retail" means any transfer of the ownership of,
    SB2394 Enrolled         - 833 - LRB104 09208 AMC 19265 b

1 the title to, the possession or control of, the right to

2 possess or control, or a license to use tangible personal

3 property to a purchaser, for the purpose of use or

4 consumption, and not for the purpose of resale in any form as

5 tangible personal property to the extent not first subjected

6 to a use for which it was purchased, for a valuable

7 consideration: Provided that the property purchased is deemed

8 to be purchased for the purpose of resale, despite first being

9 used, to the extent to which it is resold as an ingredient of

10 an intentionally produced product or byproduct of

11 manufacturing. For this purpose, slag produced as an incident

12 to manufacturing pig iron or steel and sold is considered to be

13 an intentionally produced byproduct of manufacturing.

14 Transactions whereby the possession of the property is

15 transferred but the seller retains the title as security for

16 payment of the selling price shall be deemed to be sales.

17  "Sale at retail" shall be construed to include any

18 transfer of the ownership of, the title to, the possession or

19 control of, the right to possess or control, or a license to

20 use tangible personal property to a purchaser, for use or

21 consumption by any other person to whom such purchaser may

22 transfer the tangible personal property without a valuable

23 consideration, and to include any transfer, whether made for

24 or without a valuable consideration, for resale in any form as

25 tangible personal property unless made in compliance with

26 Section 2c of this Act.
    SB2394 Enrolled   - 834 - LRB104 09208 AMC 19265 b

1   Sales of tangible personal property, which property, to

2 the extent not first subjected to a use for which it was

3 purchased, as an ingredient or constituent, goes into and

4 forms a part of tangible personal property subsequently the

5 subject of a "Sale at retail", are not sales at retail as

6 defined in this Act: Provided that the property purchased is

7 deemed to be purchased for the purpose of resale, despite

8 first being used, to the extent to which it is resold as an

9 ingredient of an intentionally produced product or byproduct

10 of manufacturing.

11  "Sale at retail" shall be construed to include any

12 Illinois florist's sales transaction in which the purchase

13 order is received in Illinois by a florist and the sale is for

14 use or consumption, but the Illinois florist has a florist in

15 another state deliver the property to the purchaser or the

16 purchaser's donee in such other state.

17  Nonreusable tangible personal property that is used by

18 persons engaged in the business of operating a restaurant,

19 cafeteria, or drive-in is a sale for resale when it is

20 transferred to customers in the ordinary course of business as

21 part of the sale of food or beverages and is used to deliver,

22 package, or consume food or beverages, regardless of where

23 consumption of the food or beverages occurs. Examples of those

24 items include, but are not limited to nonreusable, paper and

25 plastic cups, plates, baskets, boxes, sleeves, buckets or

26 other containers, utensils, straws, placemats, napkins, doggie
   SB2394 Enrolled  - 835 - LRB104 09208 AMC 19265 b

1 bags, and wrapping or packaging materials that are transferred

2 to customers as part of the sale of food or beverages in the

3 ordinary course of business.

4  The purchase, employment and transfer of such tangible

5 personal property as newsprint and ink for the primary purpose

6 of conveying news (with or without other information) is not a

7 purchase, use or sale of tangible personal property.

8  A person whose activities are organized and conducted

9 primarily as a not-for-profit service enterprise, and who

10 engages in selling tangible personal property at retail

11 (whether to the public or merely to members and their guests)

12 is engaged in the business of selling tangible personal

13 property at retail with respect to such transactions,

14 excepting only a person organized and operated exclusively for

15 charitable, religious or educational purposes either (1), to

16 the extent of sales by such person to its members, students,

17 patients or inmates of tangible personal property to be used

18 primarily for the purposes of such person, or (2), to the

19 extent of sales by such person of tangible personal property

20 which is not sold or offered for sale by persons organized for

21 profit. The selling of school books and school supplies by

22 schools at retail to students is not "primarily for the

23 purposes of" the school which does such selling. The

24 provisions of this paragraph shall not apply to nor subject to

25 taxation occasional dinners, socials or similar activities of

26 a person organized and operated exclusively for charitable,
    SB2394 Enrolled             - 836 - LRB104 09208 AMC 19265 b

1 religious or educational purposes, whether or not such

2 activities are open to the public.

3   A person who is the recipient of a grant or contract under

4 Title VII of the Older Americans Act of 1965 (P.L. 92-258) and

5 serves meals to participants in the federal Nutrition Program

6 for the Elderly in return for contributions established in

7 amount by the individual participant pursuant to a schedule of

8 suggested fees as provided for in the federal Act is not

9 engaged in the business of selling tangible personal property

10 at retail with respect to such transactions.

11  "Lease" means a transfer of the possession or control of,

12 the right to possess or control, or a license to use, but not

13 title to, tangible personal property for a fixed or

14 indeterminate term for consideration, regardless of the name

15 by which the transaction is called. "Lease" does not include a

16 lease entered into merely as a security agreement that does

17 not involve a transfer of possession or control from the

18 lessor to the lessee.

19  On and after January 1, 2025, the term "sale", when used in

20 this Act, includes a lease.

21  "Purchaser" means anyone who, through a sale at retail,

22 acquires the ownership of, the title to, the possession or

23 control of, the right to possess or control, or a license to

24 use tangible personal property for a valuable consideration.

25  "Reseller of motor fuel" means any person engaged in the

26 business of selling or delivering or transferring title of
   SB2394 Enrolled  - 837 - LRB104 09208 AMC 19265 b

1 motor fuel to another person other than for use or

2 consumption. No person shall act as a reseller of motor fuel

3 within this State without first being registered as a reseller

4 pursuant to Section 2c or a retailer pursuant to Section 2a.

5  "Selling price" or the "amount of sale" means the

6 consideration for a sale valued in money whether received in

7 money or otherwise, including cash, credits, property, other

8 than as hereinafter provided, and services, but, prior to

9 January 1, 2020 and beginning again on January 1, 2022, not

10 including the value of or credit given for traded-in tangible

11 personal property where the item that is traded-in is of like

12 kind and character as that which is being sold; beginning

13 January 1, 2020 and until January 1, 2022, "selling price"

14 includes the portion of the value of or credit given for

15 traded-in motor vehicles of the First Division as defined in

16 Section 1-146 of the Illinois Vehicle Code of like kind and

17 character as that which is being sold that exceeds $10,000.

18 "Selling price" shall be determined without any deduction on

19 account of the cost of the property sold, the cost of materials

20 used, labor or service cost or any other expense whatsoever,

21 but does not include charges that are added to prices by

22 sellers on account of the seller's tax liability under this

23 Act, or on account of the seller's duty to collect, from the

24 purchaser, the tax that is imposed by the Use Tax Act, or,

25 except as otherwise provided with respect to any cigarette tax

26 imposed by a home rule unit, on account of the seller's tax
    SB2394 Enrolled  - 838 - LRB104 09208 AMC 19265 b

1 liability under any local occupation tax administered by the

2 Department, or, except as otherwise provided with respect to

3 any cigarette tax imposed by a home rule unit on account of the

4 seller's duty to collect, from the purchasers, the tax that is

5 imposed under any local use tax administered by the

6 Department. Effective December 1, 1985, "selling price" shall

7 include charges that are added to prices by sellers on account

8 of the seller's tax liability under the Cigarette Tax Act, on

9 account of the sellers' duty to collect, from the purchaser,

10 the tax imposed under the Cigarette Use Tax Act, and on account

11 of the seller's duty to collect, from the purchaser, any

12 cigarette tax imposed by a home rule unit.

13  The provisions of this paragraph, which provides only for

14 an alternative meaning of "selling price" with respect to the

15 sale of certain motor vehicles incident to the contemporaneous

16 lease of those motor vehicles, continue in effect and are not

17 changed by the tax on leases implemented by Public Act 103-592

18 this amendatory Act of the 103rd General Assembly.

19 Notwithstanding any law to the contrary, for any motor

20 vehicle, as defined in Section 1-146 of the Illinois Vehicle

21 Code, that is sold on or after January 1, 2015 for the purpose

22 of leasing the vehicle for a defined period that is longer than

23 one year and (1) is a motor vehicle of the second division

24 that: (A) is a self-contained motor vehicle designed or

25 permanently converted to provide living quarters for

26 recreational, camping, or travel use, with direct walk through
SB2394 Enrolled  - 839 - LRB104 09208 AMC 19265 b

 1 access to the living quarters from the driver's seat; (B) is of
 2 the van configuration designed for the transportation of not
 3 less than 7 nor more than 16 passengers; or (C) has a gross
 4 vehicle weight rating of 8,000 pounds or less or (2) is a motor
 5 vehicle of the first division, "selling price" or "amount of
 6 sale" means the consideration received by the lessor pursuant
 7 to the lease contract, including amounts due at lease signing
 8 and all monthly or other regular payments charged over the
 9 term of the lease. Also included in the selling price is any
10 amount received by the lessor from the lessee for the leased
11 vehicle that is not calculated at the time the lease is
12 executed, including, but not limited to, excess mileage
13 charges and charges for excess wear and tear. For sales that
14 occur in Illinois, with respect to any amount received by the
15 lessor from the lessee for the leased vehicle that is not
16 calculated at the time the lease is executed, the lessor who
17 purchased the motor vehicle does not incur the tax imposed by
18 the Use Tax Act on those amounts, and the retailer who makes
19 the retail sale of the motor vehicle to the lessor is not
20 required to collect the tax imposed by the Use Tax Act or to
21 pay the tax imposed by this Act on those amounts. However, the
22 lessor who purchased the motor vehicle assumes the liability
23 for reporting and paying the tax on those amounts directly to
24 the Department in the same form (Illinois Retailers'
25 Occupation Tax, and local retailers' occupation taxes, if
26 applicable) in which the retailer would have reported and paid
SB2394 Enrolled  - 840 - LRB104 09208 AMC 19265 b

 1 such tax if the retailer had accounted for the tax to the
 2 Department. For amounts received by the lessor from the lessee
 3 that are not calculated at the time the lease is executed, the
 4 lessor must file the return and pay the tax to the Department
 5 by the due date otherwise required by this Act for returns
 6 other than transaction returns. If the retailer is entitled
 7 under this Act to a discount for collecting and remitting the
 8 tax imposed under this Act to the Department with respect to
 9 the sale of the motor vehicle to the lessor, then the right to
10 the discount provided in this Act shall be transferred to the
11 lessor with respect to the tax paid by the lessor for any
12 amount received by the lessor from the lessee for the leased
13 vehicle that is not calculated at the time the lease is
14 executed; provided that the discount is only allowed if the
15 return is timely filed and for amounts timely paid. The
16 "selling price" of a motor vehicle that is sold on or after
17 January 1, 2015 for the purpose of leasing for a defined period
18 of longer than one year shall not be reduced by the value of or
19 credit given for traded-in tangible personal property owned by
20 the lessor, nor shall it be reduced by the value of or credit
21 given for traded-in tangible personal property owned by the
22 lessee, regardless of whether the trade-in value thereof is
23 assigned by the lessee to the lessor. In the case of a motor
24 vehicle that is sold for the purpose of leasing for a defined
25 period of longer than one year, the sale occurs at the time of
26 the delivery of the vehicle, regardless of the due date of any
    SB2394 Enrolled  - 841 - LRB104 09208 AMC 19265 b

1 lease payments. A lessor who incurs a Retailers' Occupation

2 Tax liability on the sale of a motor vehicle coming off lease

3 may not take a credit against that liability for the Use Tax

4 the lessor paid upon the purchase of the motor vehicle (or for

5 any tax the lessor paid with respect to any amount received by

6 the lessor from the lessee for the leased vehicle that was not

7 calculated at the time the lease was executed) if the selling

8 price of the motor vehicle at the time of purchase was

9 calculated using the definition of "selling price" as defined

10 in this paragraph. Notwithstanding any other provision of this

11 Act to the contrary, lessors shall file all returns and make

12 all payments required under this paragraph to the Department

13 by electronic means in the manner and form as required by the

14 Department. This paragraph does not apply to leases of motor

15 vehicles for which, at the time the lease is entered into, the

16 term of the lease is not a defined period, including leases

17 with a defined initial period with the option to continue the

18 lease on a month-to-month or other basis beyond the initial

19 defined period.

20  The phrase "like kind and character" shall be liberally

21 construed (including but not limited to any form of motor

22 vehicle for any form of motor vehicle, or any kind of farm or

23 agricultural implement for any other kind of farm or

24 agricultural implement), while not including a kind of item

25 which, if sold at retail by that retailer, would be exempt from

26 retailers' occupation tax and use tax as an isolated or
    SB2394 Enrolled        - 842 - LRB104 09208 AMC 19265 b

1 occasional sale.

2   "Gross receipts" from the sales of tangible personal

3 property at retail means the total selling price or the amount

4 of such sales, as hereinbefore defined. In the case of charge

5 and time sales, the amount thereof shall be included only as

6 and when payments are received by the seller. In the case of

7 leases, except as otherwise provided in this Act, the amount

8 thereof shall be included only as and when gross receipts are

9 received by the lessor. Receipts or other consideration

10 derived by a seller from the sale, transfer or assignment of

11 accounts receivable to a wholly owned subsidiary will not be

12 deemed payments prior to the time the purchaser makes payment

13 on such accounts.

14  "Department" means the Department of Revenue.

15  "Person" means any natural individual, firm, partnership,

16 association, joint stock company, joint adventure, public or

17 private corporation, limited liability company, or a receiver,

18 executor, trustee, guardian or other representative appointed

19 by order of any court.

20  The isolated or occasional sale of tangible personal

21 property at retail by a person who does not hold himself out as

22 being engaged (or who does not habitually engage) in selling

23 such tangible personal property at retail, or a sale through a

24 bulk vending machine, does not constitute engaging in a

25 business of selling such tangible personal property at retail

26 within the meaning of this Act; provided that any person who is
SB2394 Enrolled  - 843 - LRB104 09208 AMC 19265 b

 1 engaged in a business which is not subject to the tax imposed
 2 by this Act because of involving the sale of or a contract to
 3 sell real estate or a construction contract to improve real
 4 estate or a construction contract to engineer, install, and
 5 maintain an integrated system of products, but who, in the
 6 course of conducting such business, transfers tangible
 7 personal property to users or consumers in the finished form
 8 in which it was purchased, and which does not become real
 9 estate or was not engineered and installed, under any
10 provision of a construction contract or real estate sale or
11 real estate sales agreement entered into with some other
12 person arising out of or because of such nontaxable business,
13 is engaged in the business of selling tangible personal
14 property at retail to the extent of the value of the tangible
15 personal property so transferred. If, in such a transaction, a
16 separate charge is made for the tangible personal property so
17 transferred, the value of such property, for the purpose of
18 this Act, shall be the amount so separately charged, but not
19 less than the cost of such property to the transferor; if no
20 separate charge is made, the value of such property, for the
21 purposes of this Act, is the cost to the transferor of such
22 tangible personal property. Construction contracts for the
23 improvement of real estate consisting of engineering,
24 installation, and maintenance of voice, data, video, security,
25 and all telecommunication systems do not constitute engaging
26 in a business of selling tangible personal property at retail
    SB2394 Enrolled          - 844 - LRB104 09208 AMC 19265 b

1 within the meaning of this Act if they are sold at one

2 specified contract price.

3   A person who holds himself or herself out as being engaged

4 (or who habitually engages) in selling tangible personal

5 property at retail is a person engaged in the business of

6 selling tangible personal property at retail hereunder with

7 respect to such sales (and not primarily in a service

8 occupation) notwithstanding the fact that such person designs

9 and produces such tangible personal property on special order

10 for the purchaser and in such a way as to render the property

11 of value only to such purchaser, if such tangible personal

12 property so produced on special order serves substantially the

13 same function as stock or standard items of tangible personal

14 property that are sold at retail.

15  Persons who engage in the business of transferring

16 tangible personal property upon the redemption of trading

17 stamps are engaged in the business of selling such property at

18 retail and shall be liable for and shall pay the tax imposed by

19 this Act on the basis of the retail value of the property

20 transferred upon redemption of such stamps.

21  "Bulk vending machine" means a vending machine, containing

22 unsorted confections, nuts, toys, or other items designed

23 primarily to be used or played with by children which, when a

24 coin or coins of a denomination not larger than $0.50 are

25 inserted, are dispensed in equal portions, at random and

26 without selection by the customer.
    SB2394 Enrolled  - 845 - LRB104 09208 AMC 19265 b

1   "Remote retailer" means a retailer that does not maintain

2 within this State, directly or by a subsidiary, an office,

3 distribution house, sales house, warehouse or other place of

4 business, or any agent or other representative operating

5 within this State under the authority of the retailer or its

6 subsidiary, irrespective of whether such place of business or

7 agent is located here permanently or temporarily or whether

8 such retailer or subsidiary is licensed to do business in this

9 State.

10  "Retailer maintaining a place of business in this State"

11 has the meaning given to that term in Section 2 of the Use Tax

12 Act.

13  "Marketplace" means a physical or electronic place, forum,

14 platform, application, or other method by which a marketplace

15 seller sells or offers to sell items.

16  "Marketplace facilitator" means a person who, pursuant to

17 an agreement with an unrelated third-party marketplace seller,

18 directly or indirectly through one or more affiliates

19 facilitates a retail sale by an unrelated third-party third

20 party marketplace seller by:

21        (1) listing or advertising for sale by the marketplace

22  seller in a marketplace, tangible personal property that

23  is subject to tax under this Act; and

24        (2) either directly or indirectly, through agreements

25  or arrangements with third parties, collecting payment

26  from the customer and transmitting that payment to the
    SB2394 Enrolled            - 846 - LRB104 09208 AMC 19265 b

1   marketplace seller regardless of whether the marketplace

2   facilitator receives compensation or other consideration

3   in exchange for its services.

4   A person who provides advertising services, including

5 listing products for sale, is not considered a marketplace

6 facilitator, so long as the advertising service platform or

7 forum does not engage, directly or indirectly through one or

8 more affiliated persons, in the activities described in

9 paragraph (2) of this definition of "marketplace facilitator".

10  "Marketplace facilitator" does not include any person

11 licensed under the Auction License Act. This exemption does

12 not apply to any person who is an Internet auction listing

13 service, as defined by the Auction License Act.

14  "Marketplace seller" means a person who that makes sales

15 through a marketplace operated by an unrelated third-party

16 third party marketplace facilitator.

17 (Source: P.A. 102-353, eff. 1-1-22; 102-634, eff. 8-27-21;

18 102-813, eff. 5-13-22; 103-592, eff. 1-1-25; 103-983, eff.

19 1-1-25; revised 11-26-24.)

20  (35 ILCS 120/2)

21  Sec. 2. Tax imposed.

22  (a) A tax is imposed upon persons engaged in the business

23 of selling at retail, which, on and after January 1, 2025,

24 includes leasing, tangible personal property, including

25 computer software, and including photographs, negatives, and
    SB2394 Enrolled  - 847 - LRB104 09208 AMC 19265 b

1 positives that are the product of photoprocessing, but not

2 including products of photoprocessing produced for use in

3 motion pictures for public commercial exhibition. Beginning

4 January 1, 2001, prepaid telephone calling arrangements shall

5 be considered tangible personal property subject to the tax

6 imposed under this Act regardless of the form in which those

7 arrangements may be embodied, transmitted, or fixed by any

8 method now known or hereafter developed.

9   The imposition of the tax under this Act on persons

10 engaged in the business of leasing tangible personal property

11 applies to leases in effect, entered into, or renewed on or

12 after January 1, 2025. In the case of leases, except as

13 otherwise provided in this Act, the lessor must remit, for

14 each tax return period, only the tax applicable to that part of

15 the selling price actually received during such tax return

16 period.

17  The inclusion of leases in the tax imposed under this Act

18 by Public Act 103-592 this amendatory Act of the 103rd General

19 Assembly does not, however, extend to motor vehicles,

20 watercraft, aircraft, and semitrailers, as defined in Section

21 1-187 of the Illinois Vehicle Code, that are required to be

22 registered with an agency of this State. The taxation of these

23 items shall continue in effect as prior to the effective date

24 of the changes made to this Section by Public Act 103-592 this

25 amendatory Act of the 103rd General Assembly (i.e., dealers

26 owe retailers' occupation tax, lessors owe use tax, and
    SB2394 Enrolled           - 848 - LRB104 09208 AMC 19265 b

1 lessees are not subject to retailers' occupation or use tax).

2   Sales of (1) electricity delivered to customers by wire;

3 (2) natural or artificial gas that is delivered to customers

4 through pipes, pipelines, or mains; and (3) water that is

5 delivered to customers through pipes, pipelines, or mains are

6 not subject to tax under this Act. The provisions of Public Act

7 98-583 this amendatory Act of the 98th General Assembly are

8 declaratory of existing law as to the meaning and scope of this

9 Act.

10  (b) Beginning on January 1, 2021, a remote retailer is

11 engaged in the occupation of selling at retail in Illinois for

12 purposes of this Act, if:

13      (1) the cumulative gross receipts from sales of

14  tangible personal property to purchasers in Illinois are

15  $100,000 or more; or

16      (2) the retailer enters into 200 or more separate

17  transactions for the sale of tangible personal property to

18  purchasers in Illinois.

19  Remote retailers that meet or exceed the threshold in

20 either paragraph (1) or (2) above shall be liable for all

21 applicable State retailers' and locally imposed retailers'

22 occupation taxes administered by the Department on all retail

23 sales to Illinois purchasers.

24  The remote retailer shall determine on a quarterly basis,

25 ending on the last day of March, June, September, and

26 December, whether he or she meets the criteria of either
    SB2394 Enrolled  - 849 - LRB104 09208 AMC 19265 b

1 paragraph (1) or (2) of this subsection for the preceding

2 12-month period. If the retailer meets the criteria of either

3 paragraph (1) or (2) for a 12-month period, he or she is

4 considered a retailer maintaining a place of business in this

5 State and is required to collect and remit the tax imposed

6 under this Act and all retailers' occupation tax imposed by

7 local taxing jurisdictions in Illinois, provided such local

8 taxes are administered by the Department, and to file all

9 applicable returns for one year. At the end of that one-year

10 period, the retailer shall determine whether the retailer met

11 the criteria of either paragraph (1) or (2) for the preceding

12 12-month period. If the retailer met the criteria in either

13 paragraph (1) or (2) for the preceding 12-month period, he or

14 she is considered a retailer maintaining a place of business

15 in this State and is required to collect and remit all

16 applicable State and local retailers' occupation taxes and

17 file returns for the subsequent year. If, at the end of a

18 one-year period, a retailer that was required to collect and

19 remit the tax imposed under this Act determines that he or she

20 did not meet the criteria in either paragraph (1) or (2) during

21 the preceding 12-month period, then the retailer shall

22 subsequently determine on a quarterly basis, ending on the

23 last day of March, June, September, and December, whether he

24 or she meets the criteria of either paragraph (1) or (2) for

25 the preceding 12-month period.

26  (b-2) Beginning on January 1, 2025, a retailer maintaining
    SB2394 Enrolled  - 850 - LRB104 09208 AMC 19265 b

1 a place of business in this State that makes retail sales of

2 tangible personal property to Illinois customers from a

3 location or locations outside of Illinois is engaged in the

4 occupation of selling at retail in Illinois for the purposes

5 of this Act. Those retailers are liable for all applicable

6 State and locally imposed retailers' occupation taxes

7 administered by the Department on retail sales made by those

8 retailers to Illinois customers from locations outside of

9 Illinois.

10  (b-5) For the purposes of this Section, neither the gross

11 receipts from nor the number of separate transactions for

12 sales of tangible personal property to purchasers in Illinois

13 that a remote retailer makes through a marketplace facilitator

14 shall be included for the purposes of determining whether he

15 or she has met the thresholds of subsection (b) of this Section

16 so long as the remote retailer has received certification from

17 the marketplace facilitator that the marketplace facilitator

18 is legally responsible for payment of tax on such sales.

19  (b-10) A remote retailer that is required to collect taxes

20 imposed under the Use Tax Act on retail sales made to Illinois

21 purchasers or a retailer maintaining a place of business in

22 this State that is required to collect taxes imposed under the

23 Use Tax Act on retail sales made to Illinois purchasers shall

24 be liable to the Department for such taxes, except when the

25 remote retailer or retailer maintaining a place of business in

26 this State is relieved of the duty to remit such taxes by
    SB2394 Enrolled          - 851 - LRB104 09208 AMC 19265 b

1 virtue of having paid to the Department taxes imposed by this

2 Act in accordance with this Section upon his or her gross

3 receipts from such sales.

4   (c) Marketplace facilitators engaged in the business of

5 selling at retail tangible personal property in Illinois.

6 Beginning January 1, 2021, a marketplace facilitator is

7 engaged in the occupation of selling at retail tangible

8 personal property in Illinois for purposes of this Act if,

9 during the previous 12-month period:

10  (1) the cumulative gross receipts from sales of

11  tangible personal property on its own behalf or on behalf

12  of marketplace sellers to purchasers in Illinois equals

13  $100,000 or more; or

14  (2) the marketplace facilitator enters into 200 or

15  more separate transactions on its own behalf or on behalf

16  of marketplace sellers for the sale of tangible personal

17  property to purchasers in Illinois, regardless of whether

18  the marketplace facilitator or marketplace sellers for

19  whom such sales are facilitated are registered as

20  retailers in this State.

21  A marketplace facilitator who meets either paragraph (1)

22 or (2) of this subsection is required to remit the applicable

23 State retailers' occupation taxes under this Act and local

24 retailers' occupation taxes administered by the Department on

25 all taxable sales of tangible personal property made by the

26 marketplace facilitator or facilitated for marketplace sellers
   SB2394 Enrolled  - 852 - LRB104 09208 AMC 19265 b

1 to customers in this State. A marketplace facilitator selling

2 or facilitating the sale of tangible personal property to

3 customers in this State is subject to all applicable

4 procedures and requirements of this Act.

5  The marketplace facilitator shall determine on a quarterly

6 basis, ending on the last day of March, June, September, and

7 December, whether he or she meets the criteria of either

8 paragraph (1) or (2) of this subsection for the preceding

9 12-month period. If the marketplace facilitator meets the

10 criteria of either paragraph (1) or (2) for a 12-month period,

11 he or she is considered a retailer maintaining a place of

12 business in this State and is required to remit the tax imposed

13 under this Act and all retailers' occupation tax imposed by

14 local taxing jurisdictions in Illinois, provided such local

15 taxes are administered by the Department, and to file all

16 applicable returns for one year. At the end of that one-year

17 period, the marketplace facilitator shall determine whether it

18 met the criteria of either paragraph (1) or (2) for the

19 preceding 12-month period. If the marketplace facilitator met

20 the criteria in either paragraph (1) or (2) for the preceding

21 12-month period, it is considered a retailer maintaining a

22 place of business in this State and is required to collect and

23 remit all applicable State and local retailers' occupation

24 taxes and file returns for the subsequent year. If at the end

25 of a one-year period a marketplace facilitator that was

26 required to collect and remit the tax imposed under this Act
    SB2394 Enrolled  - 853 - LRB104 09208 AMC 19265 b

1 determines that he or she did not meet the criteria in either

2 paragraph (1) or (2) during the preceding 12-month period, the

3 marketplace facilitator shall subsequently determine on a

4 quarterly basis, ending on the last day of March, June,

5 September, and December, whether he or she meets the criteria

6 of either paragraph (1) or (2) for the preceding 12-month

7 period.

8   A marketplace facilitator shall be entitled to any

9 credits, deductions, or adjustments to the sales price

10 otherwise provided to the marketplace seller, in addition to

11 any such adjustments provided directly to the marketplace

12 facilitator. This Section pertains to, but is not limited to,

13 adjustments such as discounts, coupons, and rebates. In

14 addition, a marketplace facilitator shall be entitled to the

15 retailers' discount provided in Section 3 of the Retailers'

16 Occupation Tax Act on all marketplace sales, and the

17 marketplace seller shall not include sales made through a

18 marketplace facilitator when computing any retailers' discount

19 on remaining sales. Marketplace facilitators shall report and

20 remit the applicable State and local retailers' occupation

21 taxes on sales facilitated for marketplace sellers separately

22 from any sales or use tax collected on taxable retail sales

23 made directly by the marketplace facilitator or its

24 affiliates.

25  The marketplace facilitator is liable for the remittance

26 of all applicable State retailers' occupation taxes under this
    SB2394 Enrolled     - 854 - LRB104 09208 AMC 19265 b

1 Act and local retailers' occupation taxes administered by the

2 Department on sales through the marketplace and is subject to

3 audit on all such sales. The Department shall not audit

4 marketplace sellers for their marketplace sales where a

5 marketplace facilitator remitted the applicable State and

6 local retailers' occupation taxes unless the marketplace

7 facilitator seeks relief as a result of incorrect information

8 provided to the marketplace facilitator by a marketplace

9 seller as set forth in this Section. The marketplace

10 facilitator shall not be held liable for tax on any sales made

11 by a marketplace seller that take place outside of the

12 marketplace and which are not a part of any agreement between a

13 marketplace facilitator and a marketplace seller. In addition,

14 marketplace facilitators shall not be held liable to State and

15 local governments of Illinois for having charged and remitted

16 an incorrect amount of State and local retailers' occupation

17 tax if, at the time of the sale, the tax is computed based on

18 erroneous data provided by the State in database files on tax

19 rates, boundaries, or taxing jurisdictions or incorrect

20 information provided to the marketplace facilitator by the

21 marketplace seller.

22  (d) A marketplace facilitator shall:

23  (1) certify to each marketplace seller that the

24  marketplace facilitator assumes the rights and duties of a

25  retailer under this Act with respect to sales made by the

26  marketplace seller through the marketplace; and
    SB2394 Enrolled  - 855 - LRB104 09208 AMC 19265 b

1   (2) remit taxes imposed by this Act as required by

2   this Act for sales made through the marketplace.

3   (e) A marketplace seller shall retain books and records

4 for all sales made through a marketplace in accordance with

5 the requirements of this Act.

6   (f) A marketplace facilitator is subject to audit on all

7 marketplace sales for which it is considered to be the

8 retailer, but shall not be liable for tax or subject to audit

9 on sales made by marketplace sellers outside of the

10 marketplace.

11  (g) A marketplace facilitator required to collect taxes

12 imposed under the Use Tax Act on marketplace sales made to

13 Illinois purchasers shall be liable to the Department for such

14 taxes, except when the marketplace facilitator is relieved of

15 the duty to remit such taxes by virtue of having paid to the

16 Department taxes imposed by this Act in accordance with this

17 Section upon his or her gross receipts from such sales.

18  (h) Nothing in this Section shall allow the Department to

19 collect retailers' occupation taxes from both the marketplace

20 facilitator and marketplace seller on the same transaction.

21  (i) If, for any reason, the Department is prohibited from

22 enforcing the marketplace facilitator's duty under this Act to

23 remit taxes pursuant to this Section, the duty to remit such

24 taxes remains with the marketplace seller.

25  (j) Nothing in this Section affects the obligation of any

26 consumer to remit use tax for any taxable transaction for
    SB2394 Enrolled      - 856 - LRB104 09208 AMC 19265 b

1 which a certified service provider acting on behalf of a

2 remote retailer or a marketplace facilitator does not collect

3 and remit the appropriate tax.

4   (k) Nothing in this Section shall allow the Department to

5 collect the retailers' occupation tax from both the

6 marketplace facilitator and the marketplace seller.

7 (Source: P.A. 103-592, eff. 1-1-25; 103-983, eff. 1-1-25;

8 revised 11-26-24.)

9   (35 ILCS 120/2-5)

10  Sec. 2-5. Exemptions. Gross receipts from proceeds from

11 the sale, which, on and after January 1, 2025, includes the

12 lease, of the following tangible personal property are exempt

13 from the tax imposed by this Act:

14  (1) Farm chemicals.

15  (2) Farm machinery and equipment, both new and used,

16  including that manufactured on special order, certified by

17  the purchaser to be used primarily for production

18  agriculture or State or federal agricultural programs,

19  including individual replacement parts for the machinery

20  and equipment, including machinery and equipment purchased

21  for lease, and including implements of husbandry defined

22  in Section 1-130 of the Illinois Vehicle Code, farm

23  machinery and agricultural chemical and fertilizer

24  spreaders, and nurse wagons required to be registered

25  under Section 3-809 of the Illinois Vehicle Code, but
    SB2394 Enrolled  - 857 - LRB104 09208 AMC 19265 b

1   excluding other motor vehicles required to be registered

2   under the Illinois Vehicle Code. Horticultural polyhouses

3   or hoop houses used for propagating, growing, or

4   overwintering plants shall be considered farm machinery

5   and equipment under this item (2). Agricultural chemical

6   tender tanks and dry boxes shall include units sold

7   separately from a motor vehicle required to be licensed

8   and units sold mounted on a motor vehicle required to be

9   licensed, if the selling price of the tender is separately

10  stated.

11  Farm machinery and equipment shall include precision

12  farming equipment that is installed or purchased to be

13  installed on farm machinery and equipment including, but

14  not limited to, tractors, harvesters, sprayers, planters,

15  seeders, or spreaders. Precision farming equipment

16  includes, but is not limited to, soil testing sensors,

17  computers, monitors, software, global positioning and

18  mapping systems, and other such equipment.

19  Farm machinery and equipment also includes computers,

20  sensors, software, and related equipment used primarily in

21  the computer-assisted operation of production agriculture

22  facilities, equipment, and activities such as, but not

23  limited to, the collection, monitoring, and correlation of

24  animal and crop data for the purpose of formulating animal

25  diets and agricultural chemicals.

26  Beginning on January 1, 2024, farm machinery and
    SB2394 Enrolled  - 858 - LRB104 09208 AMC 19265 b

1   equipment also includes electrical power generation

2   equipment used primarily for production agriculture.

3   This item (2) is exempt from the provisions of Section

4   2-70.

5   (3) Until July 1, 2003, distillation machinery and

6   equipment, sold as a unit or kit, assembled or installed

7   by the retailer, certified by the user to be used only for

8   the production of ethyl alcohol that will be used for

9   consumption as motor fuel or as a component of motor fuel

10  for the personal use of the user, and not subject to sale

11  or resale.

12  (4) Until July 1, 2003 and beginning again September

13  1, 2004 through August 30, 2014, graphic arts machinery

14  and equipment, including repair and replacement parts,

15  both new and used, and including that manufactured on

16  special order or purchased for lease, certified by the

17  purchaser to be used primarily for graphic arts

18  production. Equipment includes chemicals or chemicals

19  acting as catalysts but only if the chemicals or chemicals

20  acting as catalysts effect a direct and immediate change

21  upon a graphic arts product. Beginning on July 1, 2017,

22  graphic arts machinery and equipment is included in the

23  manufacturing and assembling machinery and equipment

24  exemption under paragraph (14).

25  (5) A motor vehicle that is used for automobile

26  renting, as defined in the Automobile Renting Occupation
    SB2394 Enrolled   - 859 - LRB104 09208 AMC 19265 b

1   and Use Tax Act. This paragraph is exempt from the

2   provisions of Section 2-70.

3   (6) Personal property sold by a teacher-sponsored

4   student organization affiliated with an elementary or

5   secondary school located in Illinois.

6   (7) Until July 1, 2003, proceeds of that portion of

7   the selling price of a passenger car the sale of which is

8   subject to the Replacement Vehicle Tax.

9   (8) Personal property sold to an Illinois county fair

10  association for use in conducting, operating, or promoting

11  the county fair.

12  (9) Personal property sold to a not-for-profit arts or

13  cultural organization that establishes, by proof required

14  by the Department by rule, that it has received an

15  exemption under Section 501(c)(3) of the Internal Revenue

16  Code and that is organized and operated primarily for the

17  presentation or support of arts or cultural programming,

18  activities, or services. These organizations include, but

19  are not limited to, music and dramatic arts organizations

20  such as symphony orchestras and theatrical groups, arts

21  and cultural service organizations, local arts councils,

22  visual arts organizations, and media arts organizations.

23  On and after July 1, 2001 (the effective date of Public Act

24  92-35), however, an entity otherwise eligible for this

25  exemption shall not make tax-free purchases unless it has

26  an active identification number issued by the Department.
    SB2394 Enrolled  - 860 - LRB104 09208 AMC 19265 b

1   (10) Personal property sold by a corporation, society,

2   association, foundation, institution, or organization,

3   other than a limited liability company, that is organized

4   and operated as a not-for-profit service enterprise for

5   the benefit of persons 65 years of age or older if the

6   personal property was not purchased by the enterprise for

7   the purpose of resale by the enterprise.

8   (11) Except as otherwise provided in this Section,

9   personal property sold to a governmental body, to a

10  corporation, society, association, foundation, or

11  institution organized and operated exclusively for

12  charitable, religious, or educational purposes, or to a

13  not-for-profit corporation, society, association,

14  foundation, institution, or organization that has no

15  compensated officers or employees and that is organized

16  and operated primarily for the recreation of persons 55

17  years of age or older. A limited liability company may

18  qualify for the exemption under this paragraph only if the

19  limited liability company is organized and operated

20  exclusively for educational purposes. On and after July 1,

21  1987, however, no entity otherwise eligible for this

22  exemption shall make tax-free purchases unless it has an

23  active identification number issued by the Department.

24  (12) (Blank).

25  (12-5) On and after July 1, 2003 and through June 30,

26  2004, motor vehicles of the second division with a gross
    SB2394 Enrolled  - 861 - LRB104 09208 AMC 19265 b

1   vehicle weight in excess of 8,000 pounds that are subject

2   to the commercial distribution fee imposed under Section

3   3-815.1 of the Illinois Vehicle Code. Beginning on July 1,

4   2004 and through June 30, 2005, the use in this State of

5   motor vehicles of the second division: (i) with a gross

6   vehicle weight rating in excess of 8,000 pounds; (ii) that

7   are subject to the commercial distribution fee imposed

8   under Section 3-815.1 of the Illinois Vehicle Code; and

9   (iii) that are primarily used for commercial purposes.

10  Through June 30, 2005, this exemption applies to repair

11  and replacement parts added after the initial purchase of

12  such a motor vehicle if that motor vehicle is used in a

13  manner that would qualify for the rolling stock exemption

14  otherwise provided for in this Act. For purposes of this

15  paragraph, "used for commercial purposes" means the

16  transportation of persons or property in furtherance of

17  any commercial or industrial enterprise whether for-hire

18  or not.

19  (13) Proceeds from sales to owners or lessors,

20  lessees, or shippers of tangible personal property that is

21  utilized by interstate carriers for hire for use as

22  rolling stock moving in interstate commerce and equipment

23  operated by a telecommunications provider, licensed as a

24  common carrier by the Federal Communications Commission,

25  which is permanently installed in or affixed to aircraft

26  moving in interstate commerce.
    SB2394 Enrolled  - 862 - LRB104 09208 AMC 19265 b

1   (14) Machinery and equipment that will be used by the

2   purchaser, or a lessee of the purchaser, primarily in the

3   process of manufacturing or assembling tangible personal

4   property for wholesale or retail sale or lease, whether

5   the sale or lease is made directly by the manufacturer or

6   by some other person, whether the materials used in the

7   process are owned by the manufacturer or some other

8   person, or whether the sale or lease is made apart from or

9   as an incident to the seller's engaging in the service

10  occupation of producing machines, tools, dies, jigs,

11  patterns, gauges, or other similar items of no commercial

12  value on special order for a particular purchaser. The

13  exemption provided by this paragraph (14) does not include

14  machinery and equipment used in (i) the generation of

15  electricity for wholesale or retail sale; (ii) the

16  generation or treatment of natural or artificial gas for

17  wholesale or retail sale that is delivered to customers

18  through pipes, pipelines, or mains; or (iii) the treatment

19  of water for wholesale or retail sale that is delivered to

20  customers through pipes, pipelines, or mains. The

21  provisions of Public Act 98-583 are declaratory of

22  existing law as to the meaning and scope of this

23  exemption. Beginning on July 1, 2017, the exemption

24  provided by this paragraph (14) includes, but is not

25  limited to, graphic arts machinery and equipment, as

26  defined in paragraph (4) of this Section.
    SB2394 Enrolled   - 863 - LRB104 09208 AMC 19265 b

1   (15) Proceeds of mandatory service charges separately

2   stated on customers' bills for purchase and consumption of

3   food and beverages, to the extent that the proceeds of the

4   service charge are in fact turned over as tips or as a

5   substitute for tips to the employees who participate

6   directly in preparing, serving, hosting or cleaning up the

7   food or beverage function with respect to which the

8   service charge is imposed.

9   (16) Tangible personal property sold to a purchaser if

10  the purchaser is exempt from use tax by operation of

11  federal law. This paragraph is exempt from the provisions

12  of Section 2-70.

13  (17) Tangible personal property sold to a common

14  carrier by rail or motor that receives the physical

15  possession of the property in Illinois and that transports

16  the property, or shares with another common carrier in the

17  transportation of the property, out of Illinois on a

18  standard uniform bill of lading showing the seller of the

19  property as the shipper or consignor of the property to a

20  destination outside Illinois, for use outside Illinois.

21  (18) Legal tender, currency, medallions, or gold or

22  silver coinage issued by the State of Illinois, the

23  government of the United States of America, or the

24  government of any foreign country, and bullion.

25  (19) Until July 1, 2003, oil field exploration,

26  drilling, and production equipment, including (i) rigs and
    SB2394 Enrolled       - 864 - LRB104 09208 AMC 19265 b

1   parts of rigs, rotary rigs, cable tool rigs, and workover

2   rigs, (ii) pipe and tubular goods, including casing and

3   drill strings, (iii) pumps and pump-jack units, (iv)

4   storage tanks and flow lines, (v) any individual

5   replacement part for oil field exploration, drilling, and

6   production equipment, and (vi) machinery and equipment

7   purchased for lease; but excluding motor vehicles required

8   to be registered under the Illinois Vehicle Code.

9   (20) Photoprocessing machinery and equipment,

10  including repair and replacement parts, both new and used,

11  including that manufactured on special order, certified by

12  the purchaser to be used primarily for photoprocessing,

13  and including photoprocessing machinery and equipment

14  purchased for lease.

15  (21) Until July 1, 2028, coal and aggregate

16  exploration, mining, off-highway hauling, processing,

17  maintenance, and reclamation equipment, including

18  replacement parts and equipment, and including equipment

19  purchased for lease, but excluding motor vehicles required

20  to be registered under the Illinois Vehicle Code. The

21  changes made to this Section by Public Act 97-767 apply on

22  and after July 1, 2003, but no claim for credit or refund

23  is allowed on or after August 16, 2013 (the effective date

24  of Public Act 98-456) for such taxes paid during the

25  period beginning July 1, 2003 and ending on August 16,

26  2013 (the effective date of Public Act 98-456).
    SB2394 Enrolled  - 865 - LRB104 09208 AMC 19265 b

1   (22) Until June 30, 2013, fuel and petroleum products

2   sold to or used by an air carrier, certified by the carrier

3   to be used for consumption, shipment, or storage in the

4   conduct of its business as an air common carrier, for a

5   flight destined for or returning from a location or

6   locations outside the United States without regard to

7   previous or subsequent domestic stopovers.

8   Beginning July 1, 2013, fuel and petroleum products

9   sold to or used by an air carrier, certified by the carrier

10  to be used for consumption, shipment, or storage in the

11  conduct of its business as an air common carrier, for a

12  flight that (i) is engaged in foreign trade or is engaged

13  in trade between the United States and any of its

14  possessions and (ii) transports at least one individual or

15  package for hire from the city of origination to the city

16  of final destination on the same aircraft, without regard

17  to a change in the flight number of that aircraft.

18  (23) A transaction in which the purchase order is

19  received by a florist who is located outside Illinois, but

20  who has a florist located in Illinois deliver the property

21  to the purchaser or the purchaser's donee in Illinois.

22  (24) Fuel consumed or used in the operation of ships,

23  barges, or vessels that are used primarily in or for the

24  transportation of property or the conveyance of persons

25  for hire on rivers bordering on this State if the fuel is

26  delivered by the seller to the purchaser's barge, ship, or
    SB2394 Enrolled        - 866 - LRB104 09208 AMC 19265 b

1   vessel while it is afloat upon that bordering river.

2   (25) Except as provided in item (25-5) of this

3   Section, a motor vehicle sold in this State to a

4   nonresident even though the motor vehicle is delivered to

5   the nonresident in this State, if the motor vehicle is not

6   to be titled in this State, and if a drive-away permit is

7   issued to the motor vehicle as provided in Section 3-603

8   of the Illinois Vehicle Code or if the nonresident

9   purchaser has vehicle registration plates to transfer to

10  the motor vehicle upon returning to his or her home state.

11  The issuance of the drive-away permit or having the

12  out-of-state registration plates to be transferred is

13  prima facie evidence that the motor vehicle will not be

14  titled in this State.

15  (25-5) The exemption under item (25) does not apply if

16  the state in which the motor vehicle will be titled does

17  not allow a reciprocal exemption for a motor vehicle sold

18  and delivered in that state to an Illinois resident but

19  titled in Illinois. The tax collected under this Act on

20  the sale of a motor vehicle in this State to a resident of

21  another state that does not allow a reciprocal exemption

22  shall be imposed at a rate equal to the state's rate of tax

23  on taxable property in the state in which the purchaser is

24  a resident, except that the tax shall not exceed the tax

25  that would otherwise be imposed under this Act. At the

26  time of the sale, the purchaser shall execute a statement,
    SB2394 Enrolled  - 867 - LRB104 09208 AMC 19265 b

1   signed under penalty of perjury, of his or her intent to

2   title the vehicle in the state in which the purchaser is a

3   resident within 30 days after the sale and of the fact of

4   the payment to the State of Illinois of tax in an amount

5   equivalent to the state's rate of tax on taxable property

6   in his or her state of residence and shall submit the

7   statement to the appropriate tax collection agency in his

8   or her state of residence. In addition, the retailer must

9   retain a signed copy of the statement in his or her

10  records. Nothing in this item shall be construed to

11  require the removal of the vehicle from this state

12  following the filing of an intent to title the vehicle in

13  the purchaser's state of residence if the purchaser titles

14  the vehicle in his or her state of residence within 30 days

15  after the date of sale. The tax collected under this Act in

16  accordance with this item (25-5) shall be proportionately

17  distributed as if the tax were collected at the 6.25%

18  general rate imposed under this Act.

19  (25-7) Beginning on July 1, 2007, no tax is imposed

20  under this Act on the sale of an aircraft, as defined in

21  Section 3 of the Illinois Aeronautics Act, if all of the

22  following conditions are met:

23  (1) the aircraft leaves this State within 15 days

24  after the later of either the issuance of the final

25  billing for the sale of the aircraft, or the

26  authorized approval for return to service, completion
    SB2394 Enrolled   - 868 - LRB104 09208 AMC 19265 b

1   of the maintenance record entry, and completion of the

2   test flight and ground test for inspection, as

3   required by 14 CFR 91.407;

4   (2) the aircraft is not based or registered in

5   this State after the sale of the aircraft; and

6   (3) the seller retains in his or her books and

7   records and provides to the Department a signed and

8   dated certification from the purchaser, on a form

9   prescribed by the Department, certifying that the

10  requirements of this item (25-7) are met. The

11  certificate must also include the name and address of

12  the purchaser, the address of the location where the

13  aircraft is to be titled or registered, the address of

14  the primary physical location of the aircraft, and

15  other information that the Department may reasonably

16  require.

17  For purposes of this item (25-7):

18  "Based in this State" means hangared, stored, or

19  otherwise used, excluding post-sale customizations as

20  defined in this Section, for 10 or more days in each

21  12-month period immediately following the date of the sale

22  of the aircraft.

23  "Registered in this State" means an aircraft

24  registered with the Department of Transportation,

25  Aeronautics Division, or titled or registered with the

26  Federal Aviation Administration to an address located in
    SB2394 Enrolled  - 869 - LRB104 09208 AMC 19265 b

1   this State.

2   This paragraph (25-7) is exempt from the provisions of

3   Section 2-70.

4   (26) Semen used for artificial insemination of

5   livestock for direct agricultural production.

6   (27) Horses, or interests in horses, registered with

7   and meeting the requirements of any of the Arabian Horse

8   Club Registry of America, Appaloosa Horse Club, American

9   Quarter Horse Association, United States Trotting

10  Association, or Jockey Club, as appropriate, used for

11  purposes of breeding or racing for prizes. This item (27)

12  is exempt from the provisions of Section 2-70, and the

13  exemption provided for under this item (27) applies for

14  all periods beginning May 30, 1995, but no claim for

15  credit or refund is allowed on or after January 1, 2008

16  (the effective date of Public Act 95-88) for such taxes

17  paid during the period beginning May 30, 2000 and ending

18  on January 1, 2008 (the effective date of Public Act

19  95-88).

20  (28) Computers and communications equipment utilized

21  for any hospital purpose and equipment used in the

22  diagnosis, analysis, or treatment of hospital patients

23  sold to a lessor who leases the equipment, under a lease of

24  one year or longer executed or in effect at the time of the

25  purchase, to a hospital that has been issued an active tax

26  exemption identification number by the Department under
    SB2394 Enrolled          - 870 - LRB104 09208 AMC 19265 b

1   Section 1g of this Act.

2   (29) Personal property sold to a lessor who leases the

3   property, under a lease of one year or longer executed or

4   in effect at the time of the purchase, to a governmental

5   body that has been issued an active tax exemption

6   identification number by the Department under Section 1g

7   of this Act.

8   (30) Beginning with taxable years ending on or after

9   December 31, 1995 and ending with taxable years ending on

10  or before December 31, 2004, personal property that is

11  donated for disaster relief to be used in a State or

12  federally declared disaster area in Illinois or bordering

13  Illinois by a manufacturer or retailer that is registered

14  in this State to a corporation, society, association,

15  foundation, or institution that has been issued a sales

16  tax exemption identification number by the Department that

17  assists victims of the disaster who reside within the

18  declared disaster area.

19  (31) Beginning with taxable years ending on or after

20  December 31, 1995 and ending with taxable years ending on

21  or before December 31, 2004, personal property that is

22  used in the performance of infrastructure repairs in this

23  State, including, but not limited to, municipal roads and

24  streets, access roads, bridges, sidewalks, waste disposal

25  systems, water and sewer line extensions, water

26  distribution and purification facilities, storm water
    SB2394 Enrolled  - 871 - LRB104 09208 AMC 19265 b

1   drainage and retention facilities, and sewage treatment

2   facilities, resulting from a State or federally declared

3   disaster in Illinois or bordering Illinois when such

4   repairs are initiated on facilities located in the

5   declared disaster area within 6 months after the disaster.

6   (32) Beginning July 1, 1999, game or game birds sold

7   at a "game breeding and hunting preserve area" as that

8   term is used in the Wildlife Code. This paragraph is

9   exempt from the provisions of Section 2-70.

10  (33) A motor vehicle, as that term is defined in

11  Section 1-146 of the Illinois Vehicle Code, that is

12  donated to a corporation, limited liability company,

13  society, association, foundation, or institution that is

14  determined by the Department to be organized and operated

15  exclusively for educational purposes. For purposes of this

16  exemption, "a corporation, limited liability company,

17  society, association, foundation, or institution organized

18  and operated exclusively for educational purposes" means

19  all tax-supported public schools, private schools that

20  offer systematic instruction in useful branches of

21  learning by methods common to public schools and that

22  compare favorably in their scope and intensity with the

23  course of study presented in tax-supported schools, and

24  vocational or technical schools or institutes organized

25  and operated exclusively to provide a course of study of

26  not less than 6 weeks duration and designed to prepare
    SB2394 Enrolled  - 872 - LRB104 09208 AMC 19265 b

1   individuals to follow a trade or to pursue a manual,

2   technical, mechanical, industrial, business, or commercial

3   occupation.

4   (34) Beginning January 1, 2000, personal property,

5   including food, purchased through fundraising events for

6   the benefit of a public or private elementary or secondary

7   school, a group of those schools, or one or more school

8   districts if the events are sponsored by an entity

9   recognized by the school district that consists primarily

10  of volunteers and includes parents and teachers of the

11  school children. This paragraph does not apply to

12  fundraising events (i) for the benefit of private home

13  instruction or (ii) for which the fundraising entity

14  purchases the personal property sold at the events from

15  another individual or entity that sold the property for

16  the purpose of resale by the fundraising entity and that

17  profits from the sale to the fundraising entity. This

18  paragraph is exempt from the provisions of Section 2-70.

19  (35) Beginning January 1, 2000 and through December

20  31, 2001, new or used automatic vending machines that

21  prepare and serve hot food and beverages, including

22  coffee, soup, and other items, and replacement parts for

23  these machines. Beginning January 1, 2002 and through June

24  30, 2003, machines and parts for machines used in

25  commercial, coin-operated amusement and vending business

26  if a use or occupation tax is paid on the gross receipts
    SB2394 Enrolled  - 873 - LRB104 09208 AMC 19265 b

1   derived from the use of the commercial, coin-operated

2   amusement and vending machines. This paragraph is exempt

3   from the provisions of Section 2-70.

4   (35-5) Beginning August 23, 2001 and through June 30,

5   2016, food for human consumption that is to be consumed

6   off the premises where it is sold (other than alcoholic

7   beverages, soft drinks, and food that has been prepared

8   for immediate consumption) and prescription and

9   nonprescription medicines, drugs, medical appliances, and

10  insulin, urine testing materials, syringes, and needles

11  used by diabetics, for human use, when purchased for use

12  by a person receiving medical assistance under Article V

13  of the Illinois Public Aid Code who resides in a licensed

14  long-term care facility, as defined in the Nursing Home

15  Care Act, or a licensed facility as defined in the ID/DD

16  Community Care Act, the MC/DD Act, or the Specialized

17  Mental Health Rehabilitation Act of 2013.

18  (36) Beginning August 2, 2001, computers and

19  communications equipment utilized for any hospital purpose

20  and equipment used in the diagnosis, analysis, or

21  treatment of hospital patients sold to a lessor who leases

22  the equipment, under a lease of one year or longer

23  executed or in effect at the time of the purchase, to a

24  hospital that has been issued an active tax exemption

25  identification number by the Department under Section 1g

26  of this Act. This paragraph is exempt from the provisions
    SB2394 Enrolled   - 874 - LRB104 09208 AMC 19265 b

1   of Section 2-70.

2   (37) Beginning August 2, 2001, personal property sold

3   to a lessor who leases the property, under a lease of one

4   year or longer executed or in effect at the time of the

5   purchase, to a governmental body that has been issued an

6   active tax exemption identification number by the

7   Department under Section 1g of this Act. This paragraph is

8   exempt from the provisions of Section 2-70.

9   (38) Beginning on January 1, 2002 and through June 30,

10  2016, tangible personal property purchased from an

11  Illinois retailer by a taxpayer engaged in centralized

12  purchasing activities in Illinois who will, upon receipt

13  of the property in Illinois, temporarily store the

14  property in Illinois (i) for the purpose of subsequently

15  transporting it outside this State for use or consumption

16  thereafter solely outside this State or (ii) for the

17  purpose of being processed, fabricated, or manufactured

18  into, attached to, or incorporated into other tangible

19  personal property to be transported outside this State and

20  thereafter used or consumed solely outside this State. The

21  Director of Revenue shall, pursuant to rules adopted in

22  accordance with the Illinois Administrative Procedure Act,

23  issue a permit to any taxpayer in good standing with the

24  Department who is eligible for the exemption under this

25  paragraph (38). The permit issued under this paragraph

26  (38) shall authorize the holder, to the extent and in the
    SB2394 Enrolled  - 875 - LRB104 09208 AMC 19265 b

1   manner specified in the rules adopted under this Act, to

2   purchase tangible personal property from a retailer exempt

3   from the taxes imposed by this Act. Taxpayers shall

4   maintain all necessary books and records to substantiate

5   the use and consumption of all such tangible personal

6   property outside of the State of Illinois.

7   (39) Beginning January 1, 2008, tangible personal

8   property used in the construction or maintenance of a

9   community water supply, as defined under Section 3.145 of

10  the Environmental Protection Act, that is operated by a

11  not-for-profit corporation that holds a valid water supply

12  permit issued under Title IV of the Environmental

13  Protection Act. This paragraph is exempt from the

14  provisions of Section 2-70.

15  (40) Beginning January 1, 2010 and continuing through

16  December 31, 2029, materials, parts, equipment,

17  components, and furnishings incorporated into or upon an

18  aircraft as part of the modification, refurbishment,

19  completion, replacement, repair, or maintenance of the

20  aircraft. This exemption includes consumable supplies used

21  in the modification, refurbishment, completion,

22  replacement, repair, and maintenance of aircraft. However,

23  until January 1, 2024, this exemption excludes any

24  materials, parts, equipment, components, and consumable

25  supplies used in the modification, replacement, repair,

26  and maintenance of aircraft engines or power plants,
    SB2394 Enrolled  - 876 - LRB104 09208 AMC 19265 b

1   whether such engines or power plants are installed or

2   uninstalled upon any such aircraft. "Consumable supplies"

3   include, but are not limited to, adhesive, tape,

4   sandpaper, general purpose lubricants, cleaning solution,

5   latex gloves, and protective films.

6   Beginning January 1, 2010 and continuing through

7   December 31, 2023, this exemption applies only to the sale

8   of qualifying tangible personal property to persons who

9   modify, refurbish, complete, replace, or maintain an

10  aircraft and who (i) hold an Air Agency Certificate and

11  are empowered to operate an approved repair station by the

12  Federal Aviation Administration, (ii) have a Class IV

13  Rating, and (iii) conduct operations in accordance with

14  Part 145 of the Federal Aviation Regulations. The

15  exemption does not include aircraft operated by a

16  commercial air carrier providing scheduled passenger air

17  service pursuant to authority issued under Part 121 or

18  Part 129 of the Federal Aviation Regulations. From January

19  1, 2024 through December 31, 2029, this exemption applies

20  only to the sale of qualifying tangible personal property

21  to: (A) persons who modify, refurbish, complete, repair,

22  replace, or maintain aircraft and who (i) hold an Air

23  Agency Certificate and are empowered to operate an

24  approved repair station by the Federal Aviation

25  Administration, (ii) have a Class IV Rating, and (iii)

26  conduct operations in accordance with Part 145 of the
    SB2394 Enrolled       - 877 - LRB104 09208 AMC 19265 b

1   Federal Aviation Regulations; and (B) persons who engage

2   in the modification, replacement, repair, and maintenance

3   of aircraft engines or power plants without regard to

4   whether or not those persons meet the qualifications of

5   item (A).

6   The changes made to this paragraph (40) by Public Act

7   98-534 are declarative of existing law. It is the intent

8   of the General Assembly that the exemption under this

9   paragraph (40) applies continuously from January 1, 2010

10  through December 31, 2024; however, no claim for credit or

11  refund is allowed for taxes paid as a result of the

12  disallowance of this exemption on or after January 1, 2015

13  and prior to February 5, 2020 (the effective date of

14  Public Act 101-629).

15  (41) Tangible personal property sold to a

16  public-facilities corporation, as described in Section

17  11-65-10 of the Illinois Municipal Code, for purposes of

18  constructing or furnishing a municipal convention hall,

19  but only if the legal title to the municipal convention

20  hall is transferred to the municipality without any

21  further consideration by or on behalf of the municipality

22  at the time of the completion of the municipal convention

23  hall or upon the retirement or redemption of any bonds or

24  other debt instruments issued by the public-facilities

25  corporation in connection with the development of the

26  municipal convention hall. This exemption includes
    SB2394 Enrolled  - 878 - LRB104 09208 AMC 19265 b

1   existing public-facilities corporations as provided in

2   Section 11-65-25 of the Illinois Municipal Code. This

3   paragraph is exempt from the provisions of Section 2-70.

4   (42) Beginning January 1, 2017 and through December

5   31, 2026, menstrual pads, tampons, and menstrual cups.

6   (43) Merchandise that is subject to the Rental

7   Purchase Agreement Occupation and Use Tax. The purchaser

8   must certify that the item is purchased to be rented

9   subject to a rental-purchase agreement, as defined in the

10  Rental-Purchase Agreement Act, and provide proof of

11  registration under the Rental Purchase Agreement

12  Occupation and Use Tax Act. This paragraph is exempt from

13  the provisions of Section 2-70.

14  (44) Qualified tangible personal property used in the

15  construction or operation of a data center that has been

16  granted a certificate of exemption by the Department of

17  Commerce and Economic Opportunity, whether that tangible

18  personal property is purchased by the owner, operator, or

19  tenant of the data center or by a contractor or

20  subcontractor of the owner, operator, or tenant. Data

21  centers that would have qualified for a certificate of

22  exemption prior to January 1, 2020 had Public Act 101-31

23  been in effect, may apply for and obtain an exemption for

24  subsequent purchases of computer equipment or enabling

25  software purchased or leased to upgrade, supplement, or

26  replace computer equipment or enabling software purchased
    SB2394 Enrolled  - 879 - LRB104 09208 AMC 19265 b

1   or leased in the original investment that would have

2   qualified.

3   The Department of Commerce and Economic Opportunity

4   shall grant a certificate of exemption under this item

5   (44) to qualified data centers as defined by Section

6   605-1025 of the Department of Commerce and Economic

7   Opportunity Law of the Civil Administrative Code of

8   Illinois.

9   For the purposes of this item (44):

10  "Data center" means a building or a series of

11  buildings rehabilitated or constructed to house

12  working servers in one physical location or multiple

13  sites within the State of Illinois.

14  "Qualified tangible personal property" means:

15  electrical systems and equipment; climate control and

16  chilling equipment and systems; mechanical systems and

17  equipment; monitoring and secure systems; emergency

18  generators; hardware; computers; servers; data storage

19  devices; network connectivity equipment; racks;

20  cabinets; telecommunications cabling infrastructure;

21  raised floor systems; peripheral components or

22  systems; software; mechanical, electrical, or plumbing

23  systems; battery systems; cooling systems and towers;

24  temperature control systems; other cabling; and other

25  data center infrastructure equipment and systems

26  necessary to operate qualified tangible personal
    SB2394 Enrolled  - 880 - LRB104 09208 AMC 19265 b

1   property, including fixtures; and component parts of

2   any of the foregoing, including installation,

3   maintenance, repair, refurbishment, and replacement of

4   qualified tangible personal property to generate,

5   transform, transmit, distribute, or manage electricity

6   necessary to operate qualified tangible personal

7   property; and all other tangible personal property

8   that is essential to the operations of a computer data

9   center. The term "qualified tangible personal

10  property" also includes building materials physically

11  incorporated into the qualifying data center. To

12  document the exemption allowed under this Section, the

13  retailer must obtain from the purchaser a copy of the

14  certificate of eligibility issued by the Department of

15  Commerce and Economic Opportunity.

16  This item (44) is exempt from the provisions of

17  Section 2-70.

18  (45) Beginning January 1, 2020 and through December

19  31, 2020, sales of tangible personal property made by a

20  marketplace seller over a marketplace for which tax is due

21  under this Act but for which use tax has been collected and

22  remitted to the Department by a marketplace facilitator

23  under Section 2d of the Use Tax Act are exempt from tax

24  under this Act. A marketplace seller claiming this

25  exemption shall maintain books and records demonstrating

26  that the use tax on such sales has been collected and
    SB2394 Enrolled  - 881 - LRB104 09208 AMC 19265 b

1   remitted by a marketplace facilitator. Marketplace sellers

2   that have properly remitted tax under this Act on such

3   sales may file a claim for credit as provided in Section 6

4   of this Act. No claim is allowed, however, for such taxes

5   for which a credit or refund has been issued to the

6   marketplace facilitator under the Use Tax Act, or for

7   which the marketplace facilitator has filed a claim for

8   credit or refund under the Use Tax Act.

9   (46) Beginning July 1, 2022, breast pumps, breast pump

10  collection and storage supplies, and breast pump kits.

11  This item (46) is exempt from the provisions of Section

12  2-70. As used in this item (46):

13  "Breast pump" means an electrically controlled or

14  manually controlled pump device designed or marketed to be

15  used to express milk from a human breast during lactation,

16  including the pump device and any battery, AC adapter, or

17  other power supply unit that is used to power the pump

18  device and is packaged and sold with the pump device at the

19  time of sale.

20  "Breast pump collection and storage supplies" means

21  items of tangible personal property designed or marketed

22  to be used in conjunction with a breast pump to collect

23  milk expressed from a human breast and to store collected

24  milk until it is ready for consumption.

25  "Breast pump collection and storage supplies"

26  includes, but is not limited to: breast shields and breast
    SB2394 Enrolled     - 882 - LRB104 09208 AMC 19265 b

1   shield connectors; breast pump tubes and tubing adapters;

2   breast pump valves and membranes; backflow protectors and

3   backflow protector adaptors; bottles and bottle caps

4   specific to the operation of the breast pump; and breast

5   milk storage bags.

6   "Breast pump collection and storage supplies" does not

7   include: (1) bottles and bottle caps not specific to the

8   operation of the breast pump; (2) breast pump travel bags

9   and other similar carrying accessories, including ice

10  packs, labels, and other similar products; (3) breast pump

11  cleaning supplies; (4) nursing bras, bra pads, breast

12  shells, and other similar products; and (5) creams,

13  ointments, and other similar products that relieve

14  breastfeeding-related symptoms or conditions of the

15  breasts or nipples, unless sold as part of a breast pump

16  kit that is pre-packaged by the breast pump manufacturer

17  or distributor.

18  "Breast pump kit" means a kit that: (1) contains no

19  more than a breast pump, breast pump collection and

20  storage supplies, a rechargeable battery for operating the

21  breast pump, a breastmilk cooler, bottle stands, ice

22  packs, and a breast pump carrying case; and (2) is

23  pre-packaged as a breast pump kit by the breast pump

24  manufacturer or distributor.

25  (47) Tangible personal property sold by or on behalf

26  of the State Treasurer pursuant to the Revised Uniform
    SB2394 Enrolled  - 883 - LRB104 09208 AMC 19265 b

1   Unclaimed Property Act. This item (47) is exempt from the

2   provisions of Section 2-70.

3   (48) Beginning on January 1, 2024, tangible personal

4   property purchased by an active duty member of the armed

5   forces of the United States who presents valid military

6   identification and purchases the property using a form of

7   payment where the federal government is the payor. The

8   member of the armed forces must complete, at the point of

9   sale, a form prescribed by the Department of Revenue

10  documenting that the transaction is eligible for the

11  exemption under this paragraph. Retailers must keep the

12  form as documentation of the exemption in their records

13  for a period of not less than 6 years. "Armed forces of the

14  United States" means the United States Army, Navy, Air

15  Force, Space Force, Marine Corps, or Coast Guard. This

16  paragraph is exempt from the provisions of Section 2-70.

17  (49) Beginning July 1, 2024, home-delivered meals

18  provided to Medicare or Medicaid recipients when payment

19  is made by an intermediary, such as a Medicare

20  Administrative Contractor, a Managed Care Organization, or

21  a Medicare Advantage Organization, pursuant to a

22  government contract. This paragraph (49) is exempt from

23  the provisions of Section 2-70.

24  (50) (49) Beginning on January 1, 2026, as further

25  defined in Section 2-10, food for human consumption that

26  is to be consumed off the premises where it is sold (other
    SB2394 Enrolled  - 884 - LRB104 09208 AMC 19265 b

1   than alcoholic beverages, food consisting of or infused

2   with adult use cannabis, soft drinks, candy, and food that

3   has been prepared for immediate consumption). This item

4   (50) (49) is exempt from the provisions of Section 2-70.

5   (51) (49) Gross receipts from the lease of the

6   following tangible personal property:

7   (1) computer software transferred subject to a

8   license that meets the following requirements:

9                    (A) it is evidenced by a written agreement

10  signed by the licensor and the customer;

11                   (i) an electronic agreement in which the

12                   customer accepts the license by means of an

13                   electronic signature that is verifiable and

14                   can be authenticated and is attached to or

15                   made part of the license will comply with this

16                   requirement;

17                   (ii) a license agreement in which the

18                   customer electronically accepts the terms by

19                   clicking "I agree" does not comply with this

20                   requirement;

21                   (B) it restricts the customer's duplication

22  and use of the software;

23                   (C) it prohibits the customer from licensing,

24  sublicensing, or transferring the software to a

25  third party (except to a related party) without

26  the permission and continued control of the
    SB2394 Enrolled  - 885 - LRB104 09208 AMC 19265 b

1   licensor;

2                    (D) the licensor has a policy of providing

3   another copy at minimal or no charge if the

4   customer loses or damages the software, or of

5   permitting the licensee to make and keep an

6   archival copy, and such policy is either stated in

7   the license agreement, supported by the licensor's

8   books and records, or supported by a notarized

9   statement made under penalties of perjury by the

10  licensor; and

11                   (E) the customer must destroy or return all

12  copies of the software to the licensor at the end

13  of the license period; this provision is deemed to

14  be met, in the case of a perpetual license,

15  without being set forth in the license agreement;

16  and

17  (2) property that is subject to a tax on lease

18  receipts imposed by a home rule unit of local

19  government if the ordinance imposing that tax was

20  adopted prior to January 1, 2023.

21 (Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21;

22 102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700,

23 Article 75, Section 75-20, eff. 4-19-22; 102-813, eff.

24 5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section

25 5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff.

26 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592,
    SB2394 Enrolled        - 886 - LRB104 09208 AMC 19265 b

1 eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. 7-1-24;
2 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, eff.
3 8-9-24; revised 11-26-24.)

4   (35 ILCS 120/2-10) from Ch. 120, par. 441-10

5   Sec. 2-10. Rate of tax. Unless otherwise provided in this

6 Section, the tax imposed by this Act is at the rate of 6.25% of

7 gross receipts from sales, which, on and after January 1,

8 2025, includes leases, of tangible personal property made in

9 the course of business.

10  Beginning on July 1, 2000 and through December 31, 2000,

11 with respect to motor fuel, as defined in Section 1.1 of the

12 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

13 the Use Tax Act, the tax is imposed at the rate of 1.25%.

14  Beginning on August 6, 2010 through August 15, 2010, and

15 beginning again on August 5, 2022 through August 14, 2022,

16 with respect to sales tax holiday items as defined in Section

17 2-8 of this Act, the tax is imposed at the rate of 1.25%.

18  Within 14 days after July 1, 2000 (the effective date of

19 Public Act 91-872), each retailer of motor fuel and gasohol

20 shall cause the following notice to be posted in a prominently

21 visible place on each retail dispensing device that is used to

22 dispense motor fuel or gasohol in the State of Illinois: "As of

23 July 1, 2000, the State of Illinois has eliminated the State's

24 share of sales tax on motor fuel and gasohol through December

25 31, 2000. The price on this pump should reflect the
    SB2394 Enrolled  - 887 - LRB104 09208 AMC 19265 b

1 elimination of the tax." The notice shall be printed in bold

2 print on a sign that is no smaller than 4 inches by 8 inches.

3 The sign shall be clearly visible to customers. Any retailer

4 who fails to post or maintain a required sign through December

5 31, 2000 is guilty of a petty offense for which the fine shall

6 be $500 per day per each retail premises where a violation

7 occurs.

8   With respect to gasohol, as defined in the Use Tax Act, the

9 tax imposed by this Act applies to (i) 70% of the proceeds of

10 sales made on or after January 1, 1990, and before July 1,

11 2003, (ii) 80% of the proceeds of sales made on or after July

12 1, 2003 and on or before July 1, 2017, (iii) 100% of the

13 proceeds of sales made after July 1, 2017 and prior to January

14 1, 2024, (iv) 90% of the proceeds of sales made on or after

15 January 1, 2024 and on or before December 31, 2028, and (v)

16 100% of the proceeds of sales made after December 31, 2028. If,

17 at any time, however, the tax under this Act on sales of

18 gasohol, as defined in the Use Tax Act, is imposed at the rate

19 of 1.25%, then the tax imposed by this Act applies to 100% of

20 the proceeds of sales of gasohol made during that time.

21  With respect to mid-range ethanol blends, as defined in

22 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

23 applies to (i) 80% of the proceeds of sales made on or after

24 January 1, 2024 and on or before December 31, 2028 and (ii)

25 100% of the proceeds of sales made after December 31, 2028. If,

26 at any time, however, the tax under this Act on sales of
    SB2394 Enrolled          - 888 - LRB104 09208 AMC 19265 b

1 mid-range ethanol blends is imposed at the rate of 1.25%, then

2 the tax imposed by this Act applies to 100% of the proceeds of

3 sales of mid-range ethanol blends made during that time.

4   With respect to majority blended ethanol fuel, as defined

5 in the Use Tax Act, the tax imposed by this Act does not apply

6 to the proceeds of sales made on or after July 1, 2003 and on

7 or before December 31, 2028 but applies to 100% of the proceeds

8 of sales made thereafter.

9   With respect to biodiesel blends, as defined in the Use

10 Tax Act, with no less than 1% and no more than 10% biodiesel,

11 the tax imposed by this Act applies to (i) 80% of the proceeds

12 of sales made on or after July 1, 2003 and on or before

13 December 31, 2018 and (ii) 100% of the proceeds of sales made

14 after December 31, 2018 and before January 1, 2024. On and

15 after January 1, 2024 and on or before December 31, 2030, the

16 taxation of biodiesel, renewable diesel, and biodiesel blends

17 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

18 at any time, however, the tax under this Act on sales of

19 biodiesel blends, as defined in the Use Tax Act, with no less

20 than 1% and no more than 10% biodiesel is imposed at the rate

21 of 1.25%, then the tax imposed by this Act applies to 100% of

22 the proceeds of sales of biodiesel blends with no less than 1%

23 and no more than 10% biodiesel made during that time.

24  With respect to biodiesel, as defined in the Use Tax Act,

25 and biodiesel blends, as defined in the Use Tax Act, with more

26 than 10% but no more than 99% biodiesel, the tax imposed by
    SB2394 Enrolled      - 889 - LRB104 09208 AMC 19265 b

1 this Act does not apply to the proceeds of sales made on or

2 after July 1, 2003 and on or before December 31, 2023. On and

3 after January 1, 2024 and on or before December 31, 2030, the

4 taxation of biodiesel, renewable diesel, and biodiesel blends

5 shall be as provided in Section 3-5.1 of the Use Tax Act.

6   Until July 1, 2022 and from July 1, 2023 through December

7 31, 2025, with respect to food for human consumption that is to

8 be consumed off the premises where it is sold (other than

9 alcoholic beverages, food consisting of or infused with adult

10 use cannabis, soft drinks, and food that has been prepared for

11 immediate consumption), the tax is imposed at the rate of 1%.

12 Beginning July 1, 2022 and until July 1, 2023, with respect to

13 food for human consumption that is to be consumed off the

14 premises where it is sold (other than alcoholic beverages,

15 food consisting of or infused with adult use cannabis, soft

16 drinks, and food that has been prepared for immediate

17 consumption), the tax is imposed at the rate of 0%. On and

18 after January 1, 2026, food for human consumption that is to be

19 consumed off the premises where it is sold (other than

20 alcoholic beverages, food consisting of or infused with adult

21 use cannabis, soft drinks, candy, and food that has been

22 prepared for immediate consumption) is exempt from the tax

23 imposed by this Act.

24  With respect to prescription and nonprescription

25 medicines, drugs, medical appliances, products classified as

26 Class III medical devices by the United States Food and Drug
    SB2394 Enrolled  - 890 - LRB104 09208 AMC 19265 b

1 Administration that are used for cancer treatment pursuant to

2 a prescription, as well as any accessories and components

3 related to those devices, modifications to a motor vehicle for

4 the purpose of rendering it usable by a person with a

5 disability, and insulin, blood sugar testing materials,

6 syringes, and needles used by human diabetics, the tax is

7 imposed at the rate of 1%. For the purposes of this Section,

8 until September 1, 2009: the term "soft drinks" means any

9 complete, finished, ready-to-use, non-alcoholic drink, whether

10 carbonated or not, including, but not limited to, soda water,

11 cola, fruit juice, vegetable juice, carbonated water, and all

12 other preparations commonly known as soft drinks of whatever

13 kind or description that are contained in any closed or sealed

14 bottle, can, carton, or container, regardless of size; but

15 "soft drinks" does not include coffee, tea, non-carbonated

16 water, infant formula, milk or milk products as defined in the

17 Grade A Pasteurized Milk and Milk Products Act, or drinks

18 containing 50% or more natural fruit or vegetable juice.

19  Notwithstanding any other provisions of this Act,

20 beginning September 1, 2009, "soft drinks" means non-alcoholic

21 beverages that contain natural or artificial sweeteners. "Soft

22 drinks" does not include beverages that contain milk or milk

23 products, soy, rice or similar milk substitutes, or greater

24 than 50% of vegetable or fruit juice by volume.

25  Until August 1, 2009, and notwithstanding any other

26 provisions of this Act, "food for human consumption that is to
    SB2394 Enrolled  - 891 - LRB104 09208 AMC 19265 b

1 be consumed off the premises where it is sold" includes all

2 food sold through a vending machine, except soft drinks and

3 food products that are dispensed hot from a vending machine,

4 regardless of the location of the vending machine. Beginning

5 August 1, 2009, and notwithstanding any other provisions of

6 this Act, "food for human consumption that is to be consumed

7 off the premises where it is sold" includes all food sold

8 through a vending machine, except soft drinks, candy, and food

9 products that are dispensed hot from a vending machine,

10 regardless of the location of the vending machine.

11  Notwithstanding any other provisions of this Act,

12 beginning September 1, 2009, "food for human consumption that

13 is to be consumed off the premises where it is sold" does not

14 include candy. For purposes of this Section, "candy" means a

15 preparation of sugar, honey, or other natural or artificial

16 sweeteners in combination with chocolate, fruits, nuts or

17 other ingredients or flavorings in the form of bars, drops, or

18 pieces. "Candy" does not include any preparation that contains

19 flour or requires refrigeration.

20  Notwithstanding any other provisions of this Act,

21 beginning September 1, 2009, "nonprescription medicines and

22 drugs" does not include grooming and hygiene products. For

23 purposes of this Section, "grooming and hygiene products"

24 includes, but is not limited to, soaps and cleaning solutions,

25 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

26 lotions and screens, unless those products are available by
    SB2394 Enrolled       - 892 - LRB104 09208 AMC 19265 b

1 prescription only, regardless of whether the products meet the

2 definition of "over-the-counter-drugs". For the purposes of

3 this paragraph, "over-the-counter-drug" means a drug for human

4 use that contains a label that identifies the product as a drug

5 as required by 21 CFR 201.66. The "over-the-counter-drug"

6 label includes:

7   (A) a "Drug Facts" panel; or

8   (B) a statement of the "active ingredient(s)" with a

9   list of those ingredients contained in the compound,

10  substance or preparation.

11  Beginning on January 1, 2014 (the effective date of Public

12 Act 98-122), "prescription and nonprescription medicines and

13 drugs" includes medical cannabis purchased from a registered

14 dispensing organization under the Compassionate Use of Medical

15 Cannabis Program Act.

16  As used in this Section, "adult use cannabis" means

17 cannabis subject to tax under the Cannabis Cultivation

18 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

19 and does not include cannabis subject to tax under the

20 Compassionate Use of Medical Cannabis Program Act.

21 (Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20,

22 Section 20-20, eff. 4-19-22; 102-700, Article 60, Section

23 60-30, eff. 4-19-22; 102-700, Article 65, Section 65-10, eff.

24 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592,

25 eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)
    SB2394 Enrolled     - 893 - LRB104 09208 AMC 19265 b

1   (35 ILCS 120/2-12)

2   Sec. 2-12. Location where retailer is deemed to be engaged

3 in the business of selling. The purpose of this Section is to

4 specify where a retailer is deemed to be engaged in the

5 business of selling tangible personal property for the

6 purposes of this Act, the Use Tax Act, the Service Use Tax Act,

7 and the Service Occupation Tax Act, and for the purpose of

8 collecting any other local retailers' occupation tax

9 administered by the Department. This Section applies only with

10 respect to the particular selling activities described in the

11 following paragraphs. The provisions of this Section are not

12 intended to, and shall not be interpreted to, affect where a

13 retailer is deemed to be engaged in the business of selling

14 with respect to any activity that is not specifically

15 described in the following paragraphs.

16  (1) If a purchaser who is present at the retailer's

17  place of business, having no prior commitment to the

18  retailer, agrees to purchase and makes payment for

19  tangible personal property at the retailer's place of

20  business, then the transaction shall be deemed an

21  over-the-counter sale occurring at the retailer's same

22  place of business where the purchaser was present and made

23  payment for that tangible personal property if the

24  retailer regularly stocks the purchased tangible personal

25  property or similar tangible personal property in the

26  quantity, or similar quantity, for sale at the retailer's
    SB2394 Enrolled  - 894 - LRB104 09208 AMC 19265 b

1   same place of business and then either (i) the purchaser

2   takes possession of the tangible personal property at the

3   same place of business or (ii) the retailer delivers or

4   arranges for the tangible personal property to be

5   delivered to the purchaser.

6   (2) If a purchaser, having no prior commitment to the

7   retailer, agrees to purchase tangible personal property

8   and makes payment over the phone, in writing, or via the

9   Internet and takes possession of the tangible personal

10  property at the retailer's place of business, then the

11  sale shall be deemed to have occurred at the retailer's

12  place of business where the purchaser takes possession of

13  the property if the retailer regularly stocks the item or

14  similar items in the quantity, or similar quantities,

15  purchased by the purchaser.

16  (3) A retailer is deemed to be engaged in the business

17  of selling food, beverages, or other tangible personal

18  property through a vending machine at the location where

19  the vending machine is located at the time the sale is made

20  if (i) the vending machine is a device operated by coin,

21  currency, credit card, token, coupon or similar device;

22  (2) the food, beverage or other tangible personal property

23  is contained within the vending machine and dispensed from

24  the vending machine; and (3) the purchaser takes

25  possession of the purchased food, beverage or other

26  tangible personal property immediately.
    SB2394 Enrolled  - 895 - LRB104 09208 AMC 19265 b

1   (4) Minerals. A producer of coal or other mineral

2   mined in Illinois is deemed to be engaged in the business

3   of selling at the place where the coal or other mineral

4   mined in Illinois is extracted from the earth. With

5   respect to minerals (i) the term "extracted from the

6   earth" means the location at which the coal or other

7   mineral is extracted from the mouth of the mine, and (ii) a

8   "mineral" includes not only coal, but also oil, sand,

9   stone taken from a quarry, gravel and any other thing

10  commonly regarded as a mineral and extracted from the

11  earth. This paragraph does not apply to coal or another

12  mineral when it is delivered or shipped by the seller to

13  the purchaser at a point outside Illinois so that the sale

14  is exempt under the United States Constitution as a sale

15  in interstate or foreign commerce.

16  (5) A retailer selling tangible personal property to a

17  nominal lessee or bailee pursuant to a lease with a dollar

18  or other nominal option to purchase is engaged in the

19  business of selling at the location where the property is

20  first delivered to the lessee or bailee for its intended

21  use.

22  (5.5) Lease transactions. The lease of tangible

23  personal property that is subject to the tax on leases

24  under Public Act 103-592 this amendatory Act of the 103rd

25  General Assembly is sourced as follows:

26        (i) For a lease that requires recurring periodic
    SB2394 Enrolled  - 896 - LRB104 09208 AMC 19265 b

1   payments and for which the property is delivered to

2   the lessee by the lessor, each periodic payment is

3   sourced to the primary property location for each

4   period covered by the payment. The primary property

5   location shall be as indicated by an address for the

6   property provided by the lessee that is available to

7   the lessor from its records maintained in the ordinary

8   course of business, when use of this address does not

9   constitute bad faith. The property location is not

10  altered by intermittent use at different locations,

11  such as use of business property that accompanies

12  employees on business trips and service calls.

13  (ii) For all other leases, including a lease that

14  does not require recurring periodic payments and any

15  lease for which the lessee takes possession of the

16  property at the lessor's place of business, the

17  payment is sourced as otherwise provided under this

18  Act for sales at retail other than leases.

19  (6) Beginning on January 1, 2021, a remote retailer

20  making retail sales of tangible personal property that

21  meet or exceed the thresholds established in paragraph (1)

22  or (2) of subsection (b) of Section 2 of this Act is

23  engaged in the business of selling at the Illinois

24  location to which the tangible personal property is

25  shipped or delivered or at which possession is taken by

26  the purchaser.
    SB2394 Enrolled    - 897 - LRB104 09208 AMC 19265 b

1   (7) Beginning January 1, 2021, a marketplace

2   facilitator facilitating sales of tangible personal

3   property that meet or exceed one of the thresholds

4   established in paragraph (1) or (2) of subsection (c) of

5   Section 2 of this Act is deemed to be engaged in the

6   business of selling at the Illinois location to which the

7   tangible personal property is shipped or delivered or at

8   which possession is taken by the purchaser when the sale

9   is made by a marketplace seller on the marketplace

10  facilitator's marketplace.

11  (8) Beginning on January 1, 2025, for sales that would

12  otherwise be sourced outside of this State, a retailer

13  maintaining a place of business in this State that makes

14  retail sales of tangible personal property to Illinois

15  customers from a location or locations outside of Illinois

16  is engaged in the business of selling at the Illinois

17  location to which the tangible personal property is

18  shipped or delivered or at which possession is taken by

19  the purchaser.

20 (Source: P.A. 103-592, eff. 1-1-25; 103-983, eff. 1-1-25;

21 revised 11-26-24.)

22  Section 310. The Hotel Operators' Occupation Tax Act is

23 amended by changing Sections 2 and 6 as follows:

24  (35 ILCS 145/2) (from Ch. 120, par. 481b.32)
    SB2394 Enrolled            - 898 - LRB104 09208 AMC 19265 b

1   Sec. 2. Definitions. As used in this Act, unless the

2 context otherwise requires:

3   (1) "Hotel" means any building or buildings in which the

4 public may, for a consideration, obtain living quarters,

5 sleeping or housekeeping accommodations. The term includes,

6 but is not limited to, inns, motels, tourist homes or courts,

7 lodging houses, rooming houses and apartment houses, retreat

8 centers, conference centers, and hunting lodges. For the

9 purposes of re-renters of hotel rooms only, "hotel" does not

10 include a short-term rental.

11  (2) "Operator" means any person engaged in the business of

12 renting, leasing, or letting rooms in a hotel.

13  (3) "Occupancy" means the use or possession, or the right

14 to the use or possession, of any room or rooms in a hotel for

15 any purpose, or the right to the use or possession of the

16 furnishings or to the services and accommodations accompanying

17 the use and possession of the room or rooms.

18  (4) "Room" or "rooms" means any living quarters, sleeping

19 or housekeeping accommodations.

20  (5) "Permanent resident" means any person who occupied or

21 has the right to occupy any room or rooms, regardless of

22 whether or not it is the same room or rooms, in a hotel for at

23 least 30 consecutive days.

24  (6) "Rent" or "rental" means the consideration received

25 for occupancy, valued in money, whether received in money or

26 otherwise, including all receipts, cash, credits, and property
    SB2394 Enrolled  - 899 - LRB104 09208 AMC 19265 b

1 or services of any kind or nature. "Rent" or "rental" includes

2 any fee, charge, or commission received from a guest by a

3 re-renter of hotel rooms specifically in connection with the

4 re-rental of hotel rooms, but does not include any fee,

5 charge, or commission received from a short-term rental by a

6 hosting platform.

7   (7) "Department" means the Department of Revenue.

8   (8) "Person" means any natural individual, firm,

9 partnership, association, joint stock company, joint

10 adventure, public or private corporation, limited liability

11 company, or a receiver, executor, trustee, guardian, or other

12 representative appointed by order of any court.

13  (9) "Re-renter of hotel rooms" means a person who is not

14 employed by the hotel operator but who, either directly or

15 indirectly, through agreements or arrangements with third

16 parties, collects or processes the payment of rent for a hotel

17 room located in this State and (i) obtains the right or

18 authority to grant control of, access to, or occupancy of a

19 hotel room in this State to a guest of the hotel or (ii)

20 facilitates the booking of a hotel room located in this State.

21 A person who obtains those rights or authorities is not

22 considered a re-renter of a hotel room if the person operates

23 under a shared hotel brand with the operator.

24  (10) "Hosting platform" or "platform" means a person who

25 provides an online application, software, website, or system

26 through which a short-term rental located in this State is
    SB2394 Enrolled       - 900 - LRB104 09208 AMC 19265 b

1 advertised or held out to the public as available to rent for

2 occupancy. For purposes of this definition, "short-term

3 rental" means an owner-occupied, tenant-occupied, or

4 non-owner-occupied dwelling, including, but not limited to, an

5 apartment, house, cottage, or condominium, located in this

6 State, where: (i) at least one room in the dwelling is rented

7 to an occupant for a period of less than 30 consecutive days;

8 and (ii) all accommodations are reserved in advance; provided,

9 however, that a dwelling shall be considered a single room if

10 rented as such.

11  (11) "Shared hotel brand" means an identifying trademark

12 that a hotel operator is expressly licensed to operate under

13 in accordance with the terms of a hotel franchise or

14 management agreement.

15 (Source: P.A. 103-592, eff. 7-1-24; revised 10-21-24.)

16  (35 ILCS 145/6) (from Ch. 120, par. 481b.36)

17  Sec. 6. Returns; allocation of proceeds.

18  (a) Except as provided hereinafter in this Section, on or

19 before the last day of each calendar month, every person

20 engaged as a hotel operator in this State during the preceding

21 calendar month shall file a return with the Department,

22 stating:

23  1. the name of the operator;

24  2. his residence address and the address of his

25  principal place of business and the address of the
    SB2394 Enrolled  - 901 - LRB104 09208 AMC 19265 b

1   principal place of business (if that is a different

2   address) from which he engages in business as a hotel

3   operator in this State (including, if required by the

4   Department, the address of each hotel from which rental

5   receipts were received);

6   3. total amount of rental receipts received by him

7   during the preceding calendar month from engaging in

8   business as a hotel operator during such preceding

9   calendar month;

10  4. total amount of rental receipts received by him

11  during the preceding calendar month from renting, leasing

12  or letting rooms to permanent residents during such

13  preceding calendar month;

14  5. total amount of other exclusions from gross rental

15  receipts allowed by this Act;

16  6. gross rental receipts which were received by him

17  during the preceding calendar month and upon the basis of

18  which the tax is imposed;

19  7. the amount of tax due;

20  8. credit for any reimbursement of tax paid by a

21  re-renter of hotel rooms to hotel operators for rentals

22  purchased for re-rental, as provided in Section 3-3 of

23  this Act;

24  9. such other reasonable information as the Department

25  may require.

26  If the operator's average monthly tax liability to the
    SB2394 Enrolled  - 902 - LRB104 09208 AMC 19265 b

1 Department does not exceed $200, the Department may authorize

2 his returns to be filed on a quarter annual basis, with the

3 return for January, February and March of a given year being

4 due by April 30 of such year; with the return for April, May

5 and June of a given year being due by July 31 of such year;

6 with the return for July, August and September of a given year

7 being due by October 31 of such year, and with the return for

8 October, November and December of a given year being due by

9 January 31 of the following year.

10  If the operator's average monthly tax liability to the

11 Department does not exceed $50, the Department may authorize

12 his returns to be filed on an annual basis, with the return for

13 a given year being due by January 31 of the following year.

14  Such quarter annual and annual returns, as to form and

15 substance, shall be subject to the same requirements as

16 monthly returns.

17  Notwithstanding any other provision in this Act concerning

18 the time within which an operator may file his return, in the

19 case of any operator who ceases to engage in a kind of business

20 which makes him responsible for filing returns under this Act,

21 such operator shall file a final return under this Act with the

22 Department not more than one 1 month after discontinuing such

23 business.

24  Where the same person has more than one 1 business

25 registered with the Department under separate registrations

26 under this Act, such person shall not file each return that is
    SB2394 Enrolled        - 903 - LRB104 09208 AMC 19265 b

1 due as a single return covering all such registered

2 businesses, but shall file separate returns for each such

3 registered business.

4   In his return, the operator shall determine the value of

5 any consideration other than money received by him in

6 connection with engaging in business as a hotel operator and

7 he shall include such value in his return. Such determination

8 shall be subject to review and revision by the Department in

9 the manner hereinafter provided for the correction of returns.

10  Where the operator is a corporation, the return filed on

11 behalf of such corporation shall be signed by the president,

12 vice-president, secretary or treasurer or by the properly

13 accredited agent of such corporation.

14  The person filing the return herein provided for shall, at

15 the time of filing such return, pay to the Department the

16 amount of tax herein imposed. The operator filing the return

17 under this Section shall, at the time of filing such return,

18 pay to the Department the amount of tax imposed by this Act

19 less a discount of 2.1% or $25 per calendar year, whichever is

20 greater, which is allowed to reimburse the operator for the

21 expenses incurred in keeping records, preparing and filing

22 returns, remitting the tax and supplying data to the

23 Department on request.

24  If any payment provided for in this Section exceeds the

25 operator's liabilities under this Act, as shown on an original

26 return, the Department may authorize the operator to credit
    SB2394 Enrolled  - 904 - LRB104 09208 AMC 19265 b

1 such excess payment against liability subsequently to be

2 remitted to the Department under this Act, in accordance with

3 reasonable rules adopted by the Department. If the Department

4 subsequently determines that all or any part of the credit

5 taken was not actually due to the operator, the operator's

6 discount shall be reduced by an amount equal to the difference

7 between the discount as applied to the credit taken and that

8 actually due, and that operator shall be liable for penalties

9 and interest on such difference.

10  (b) Until July 1, 2024, the Department shall deposit the

11 total net revenue realized from the tax imposed under this Act

12 as provided in this subsection (b). Beginning on July 1, 2024,

13 the Department shall deposit the total net revenue realized

14 from the tax imposed under this Act as provided in subsection

15 (c).

16  There shall be deposited into the Build Illinois Fund in

17 the State treasury Treasury for each State fiscal year 40% of

18 the amount of total net revenue from the tax imposed by

19 subsection (a) of Section 3. Of the remaining 60%: (i)

20 $5,000,000 shall be deposited into the Illinois Sports

21 Facilities Fund and credited to the Subsidy Account each

22 fiscal year by making monthly deposits in the amount of 1/8 of

23 $5,000,000 plus cumulative deficiencies in such deposits for

24 prior months, and (ii) an amount equal to the then applicable

25 Advance Amount, as defined in subsection (d), shall be

26 deposited into the Illinois Sports Facilities Fund and
    SB2394 Enrolled  - 905 - LRB104 09208 AMC 19265 b

1 credited to the Advance Account each fiscal year by making

2 monthly deposits in the amount of 1/8 of the then applicable

3 Advance Amount plus any cumulative deficiencies in such

4 deposits for prior months. (The deposits of the then

5 applicable Advance Amount during each fiscal year shall be

6 treated as advances of funds to the Illinois Sports Facilities

7 Authority for its corporate purposes to the extent paid to the

8 Authority or its trustee and shall be repaid into the General

9 Revenue Fund in the State treasury Treasury by the State

10 Treasurer on behalf of the Authority pursuant to Section 19 of

11 the Illinois Sports Facilities Authority Act, as amended. If

12 in any fiscal year the full amount of the then applicable

13 Advance Amount is not repaid into the General Revenue Fund,

14 then the deficiency shall be paid from the amount in the Local

15 Government Distributive Fund that would otherwise be allocated

16 to the City of Chicago under the State Revenue Sharing Act.)

17  Of the remaining 60% of the amount of total net revenue

18 beginning on August 1, 2011 through June 30, 2023, from the tax

19 imposed by subsection (a) of Section 3 after all required

20 deposits into the Illinois Sports Facilities Fund, an amount

21 equal to 8% of the net revenue realized from this Act during

22 the preceding month shall be deposited as follows: 18% of such

23 amount shall be deposited into the Chicago Travel Industry

24 Promotion Fund for the purposes described in subsection (n) of

25 Section 5 of the Metropolitan Pier and Exposition Authority

26 Act and the remaining 82% of such amount shall be deposited
    SB2394 Enrolled  - 906 - LRB104 09208 AMC 19265 b

1 into the Local Tourism Fund each month for purposes authorized

2 by Section 605-705 of the Department of Commerce and Economic

3 Opportunity Law. Beginning on August 1, 2011 and through June

4 30, 2023, an amount equal to 4.5% of the net revenue realized

5 from this Act during the preceding month shall be deposited as

6 follows: 55% of such amount shall be deposited into the

7 Chicago Travel Industry Promotion Fund for the purposes

8 described in subsection (n) of Section 5 of the Metropolitan

9 Pier and Exposition Authority Act and the remaining 45% of

10 such amount deposited into the International Tourism Fund for

11 the purposes authorized in Section 605-707 of the Department

12 of Commerce and Economic Opportunity Law.

13  Beginning on July 1, 2023 and until July 1, 2024, of the

14 remaining 60% of the amount of total net revenue realized from

15 the tax imposed under subsection (a) of Section 3, after all

16 required deposits into the Illinois Sports Facilities Fund:

17  (1) an amount equal to 8% of the net revenue realized

18  under this Act for the preceding month shall be deposited

19  as follows: 82% to the Local Tourism Fund and 18% to the

20  Chicago Travel Industry Promotion Fund; and

21  (2) an amount equal to 4.5% of the net revenue

22  realized under this Act for the preceding month shall be

23  deposited as follows: 55% to the Chicago Travel Industry

24  Promotion Fund and 45% to the International Tourism Fund.

25  After making all these deposits, any remaining net revenue

26 realized from the tax imposed under subsection (a) of Section
    SB2394 Enrolled  - 907 - LRB104 09208 AMC 19265 b

1 3 shall be deposited into the Tourism Promotion Fund in the

2 State treasury Treasury. All moneys received by the Department

3 from the additional tax imposed under subsection (b) of

4 Section 3 shall be deposited into the Build Illinois Fund in

5 the State treasury Treasury.

6   (c) Beginning on July 1, 2024, the total net revenue

7 realized from the tax imposed under this Act for the preceding

8 month shall be deposited each month as follows:

9   (1) 50% shall be deposited into the Build Illinois

10  Fund; and

11  (2) the remaining 50% shall be deposited in the

12  following order of priority:

13  (A) First:

14                   (i) $5,000,000 shall be deposited into the

15  Illinois Sports Facilities Fund and credited to

16  the Subsidy Account each fiscal year by making

17  monthly deposits in the amount of one-eighth of

18  $5,000,000 plus cumulative deficiencies in those

19  deposits for prior months; and

20                   (ii) an amount equal to the then applicable

21  Advance Amount, as defined in subsection (d),

22  shall be deposited into the Illinois Sports

23  Facilities Fund and credited to the Advance

24  Account each fiscal year by making monthly

25  deposits in the amount of one-eighth of the then

26  applicable Advance Amount plus any cumulative
    SB2394 Enrolled  - 908 - LRB104 09208 AMC 19265 b

1   deficiencies in such deposits for prior months;

2   the deposits of the then applicable Advance Amount

3   during each fiscal year shall be treated as

4   advances of funds to the Illinois Sports

5   Facilities Authority for its corporate purposes to

6   the extent paid to the Illinois Sports Facilities

7   Authority or its trustee and shall be repaid into

8   the General Revenue Fund in the State treasury

9   Treasury by the State Treasurer on behalf of the

10  Authority pursuant to Section 19 of the Illinois

11  Sports Facilities Authority Act; if, in any fiscal

12  year, the full amount of the Advance Amount is not

13  repaid into the General Revenue Fund, then the

14  deficiency shall be paid from the amount in the

15  Local Government Distributive Fund that would

16  otherwise be allocated to the City of Chicago

17  under the State Revenue Sharing Act; and

18  (B) after all required deposits into the Illinois

19  Sports Facilities Fund under paragraph (A) have been

20  made each month, the remainder shall be deposited as

21  follows:

22                   (i) 56% into the Tourism Promotion Fund;

23                   (ii) 23% into the Local Tourism Fund;

24                   (iii) 14% into the Chicago Travel Industry

25  Promotion Fund; and

26                   (iv) 7% into the International Tourism Fund.
   SB2394 Enrolled  - 909 - LRB104 09208 AMC 19265 b

1  (d) As used in subsections (b) and (c):

2  "Advance Amount" means, for fiscal year 2002, $22,179,000,

3 and for subsequent fiscal years through fiscal year 2033,

4 105.615% of the Advance Amount for the immediately preceding

5 fiscal year, rounded up to the nearest $1,000.

6  "Net revenue realized" means the revenue collected by the

7 State under this Act less the amount paid out as refunds to

8 taxpayers for overpayment of liability under this Act.

9  (e) The Department may, upon separate written notice to a

10 taxpayer, require the taxpayer to prepare and file with the

11 Department on a form prescribed by the Department within not

12 less than 60 days after receipt of the notice an annual

13 information return for the tax year specified in the notice.

14 Such annual return to the Department shall include a statement

15 of gross receipts as shown by the operator's last State income

16 tax return. If the total receipts of the business as reported

17 in the State income tax return do not agree with the gross

18 receipts reported to the Department for the same period, the

19 operator shall attach to his annual information return a

20 schedule showing a reconciliation of the 2 amounts and the

21 reasons for the difference. The operator's annual information

22 return to the Department shall also disclose payroll

23 information of the operator's business during the year covered

24 by such return and any additional reasonable information which

25 the Department deems would be helpful in determining the

26 accuracy of the monthly, quarterly or annual tax returns by
    SB2394 Enrolled  - 910 - LRB104 09208 AMC 19265 b

1 such operator as hereinbefore provided for in this Section.

2   If the annual information return required by this Section

3 is not filed when and as required the taxpayer shall be liable

4 for a penalty in an amount determined in accordance with

5 Section 3-4 of the Uniform Penalty and Interest Act until such

6 return is filed as required, the penalty to be assessed and

7 collected in the same manner as any other penalty provided for

8 in this Act.

9   The chief executive officer, proprietor, owner or highest

10 ranking manager shall sign the annual return to certify the

11 accuracy of the information contained therein. Any person who

12 willfully signs the annual return containing false or

13 inaccurate information shall be guilty of perjury and punished

14 accordingly. The annual return form prescribed by the

15 Department shall include a warning that the person signing the

16 return may be liable for perjury.

17  The foregoing portion of this Section concerning the

18 filing of an annual information return shall not apply to an

19 operator who is not required to file an income tax return with

20 the United States Government.

21 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23;

22 103-592, eff. 7-1-24; 103-642, eff. 7-1-24; revised 8-12-24.)

23  Section 315. The Automobile Renting Occupation and Use Tax

24 Act is amended by changing Sections 2 and 6 as follows:
    SB2394 Enrolled  - 911 - LRB104 09208 AMC 19265 b

1   (35 ILCS 155/2) (from Ch. 120, par. 1702)

2   Sec. 2. Definitions. As used in this Act:

3   "Renting" means any transfer of the possession or right to

4 possession of an automobile to a user for a valuable

5 consideration for a period of one year or less.

6   "Renting" does not include making a charge for the use of

7 an automobile where the rentor, either himself or through an

8 agent, furnishes a service of operating an automobile so that

9 the rentor remains in possession of the automobile, because

10 this does not constitute a transfer of possession or right to

11 possession of the automobile.

12  "Renting" does not include the making of a charge by an

13 automobile dealer for the use of an automobile as a

14 demonstrator in connection with the dealer's business of

15 selling, where the charge is merely made to recover the costs

16 of operating the automobile as a demonstrator and is not

17 intended as a rental or leasing charge in the ordinary sense.

18  "Renting" does not include peer-to-peer car sharing, as

19 defined in Section 5 of the Car-Sharing Program Act, if tax due

20 on the automobile under the Retailers' Occupation Tax Act or

21 Use Tax Act was paid upon the purchase of the automobile or

22 when the automobile was brought into Illinois. The car-sharing

23 program shall ask a shared-vehicle shared vehicle owner if the

24 shared-vehicle shared vehicle owner paid applicable taxes at

25 the time of purchase. Notwithstanding any law to the contrary,

26 the car-sharing program shall have the right to rely on the
    SB2394 Enrolled  - 912 - LRB104 09208 AMC 19265 b

1 shared-vehicle shared vehicle owner's response and to be held

2 legally harmless for such reliance.

3   "Automobile" means (1) any motor vehicle of the first

4 division, or (2) a motor vehicle of the second division which:

5 (A) is a self-contained motor vehicle designed or permanently

6 converted to provide living quarters for recreational, camping

7 or travel use, with direct walk through access to the living

8 quarters from the driver's seat; (B) is of the van

9 configuration designed for the transportation of not less than

10 7 nor more than 16 passengers, as defined in Section 1-146 of

11 the Illinois Vehicle Code; or (C) has a Gross Vehicle Weight

12 Rating, as defined in Section 1-124.5 of the Illinois Vehicle

13 Code, of 8,000 pounds or less.

14  "Department" means the Department of Revenue.

15  "Person" means any natural individual, firm, partnership,

16 association, joint stock company, joint adventure, public or

17 private corporation, limited liability company, or a receiver,

18 executor, trustee, conservator, or other representative

19 appointed by order of any court.

20  "Rentor" means any person, firm, corporation, or

21 association engaged in the business of renting or leasing

22 automobiles to users. For this purpose, the objective of

23 making a profit is not necessary to make the renting activity a

24 business.

25  "Rentor" does not include a car-sharing program or a

26 shared-vehicle owner, as defined in Section 5 of the
    SB2394 Enrolled  - 913 - LRB104 09208 AMC 19265 b

1 Car-Sharing Program Act, if tax due on the automobile under

2 the Retailers' Occupation Tax Act or Use Tax Act was paid upon

3 the purchase of the automobile or when the automobile was

4 brought into Illinois. The car-sharing program shall ask a

5 shared-vehicle shared vehicle owner if the shared-vehicle

6 shared vehicle owner paid applicable taxes at the time of

7 purchase. Notwithstanding any law to the contrary, the

8 car-sharing program shall have the right to rely on the

9 shared-vehicle shared vehicle owner's response and to be held

10 legally harmless for such reliance.

11  "Rentee" means any user to whom the possession, or the

12 right to possession, of an automobile is transferred for a

13 valuable consideration for a period of one year or less,

14 whether paid for by the "rentee" or by someone else.

15  "Rentee" does not include a shared-vehicle driver, as

16 defined in Section 5 of the Car-Sharing Program Act, if tax due

17 on the automobile under the Retailers' Occupation Tax Act or

18 Use Tax Act was paid upon the purchase of the automobile or

19 when the automobile was brought into Illinois. The car-sharing

20 program shall ask a shared-vehicle shared vehicle owner if the

21 shared-vehicle shared vehicle owner paid applicable taxes at

22 the time of purchase. Notwithstanding any law to the contrary,

23 the car-sharing program shall have the right to rely on the

24 shared-vehicle shared vehicle owner's response and to be held

25 legally harmless for such reliance.

26  "Gross receipts" from the renting of tangible personal
    SB2394 Enrolled  - 914 - LRB104 09208 AMC 19265 b

1 property or "rent" means the total rental price or leasing

2 price. In the case of rental transactions in which the

3 consideration is paid to the rentor on an installment basis,

4 the amounts of such payments shall be included by the rentor in

5 gross receipts or rent only as and when payments are received

6 by the rentor.

7   "Gross receipts" does not include receipts received by an

8 automobile dealer from a manufacturer or service contract

9 provider for the use of an automobile by a person while that

10 person's automobile is being repaired by that automobile

11 dealer and the repair is made pursuant to a manufacturer's

12 warranty or a service contract where a manufacturer or service

13 contract provider reimburses that automobile dealer pursuant

14 to a manufacturer's warranty or a service contract and the

15 reimbursement is merely made to recover the costs of operating

16 the automobile as a loaner vehicle.

17  "Rental price" means the consideration for renting or

18 leasing an automobile valued in money, whether received in

19 money or otherwise, including cash credits, property and

20 services, and shall be determined without any deduction on

21 account of the cost of the property rented, the cost of

22 materials used, labor or service cost, or any other expense

23 whatsoever, but does not include charges that are added by a

24 rentor on account of the rentor's tax liability under this Act

25 or on account of the rentor's duty to collect, from the rentee,

26 the tax that is imposed by Section 4 of this Act. The phrase
    SB2394 Enrolled  - 915 - LRB104 09208 AMC 19265 b

1 "rental price" does not include compensation paid to a rentor

2 by a rentee in consideration of the waiver by the rentor of any

3 right of action or claim against the rentee for loss or damage

4 to the automobile rented and also does not include a

5 separately stated charge for insurance or recovery of

6 refueling costs or other separately stated charges that are

7 not for the use of tangible personal property.

8   "Rental price" does not include consideration paid for

9 peer-to-peer car sharing to a shared-vehicle owner or a

10 car-sharing program, as those terms are defined in Section 5

11 of the Car-Sharing Program Act, if tax due on the automobile

12 under the Retailers' Occupation Tax Act or Use Tax Act was paid

13 upon the purchase of the automobile or when the automobile was

14 brought into Illinois. The car-sharing program shall ask a

15 shared-vehicle shared vehicle owner if the shared-vehicle

16 shared vehicle owner paid applicable taxes at the time of

17 purchase. Notwithstanding any law to the contrary, the

18 car-sharing program shall have the right to rely on the

19 shared-vehicle shared vehicle owner's response and to be held

20 legally harmless for such reliance.

21 (Source: P.A. 103-520, eff. 8-11-23; revised 10-23-24.)

22  (35 ILCS 155/6)

23  Sec. 6. Applicability. The taxes imposed by Sections 3 and

24 4 of this Act do not apply to any amounts paid or received for

25 peer-to-peer car sharing, as defined in Section 5 of the
    SB2394 Enrolled             - 916 - LRB104 09208 AMC 19265 b

1 Car-Sharing Program Act, or the privilege of sharing a shared

2 vehicle through a car-sharing program, as defined in Section 5

3 of the Car-Sharing Program Act, if the shared-vehicle shared

4 vehicle owner paid applicable taxes upon the purchase of the

5 automobile.

6   As used in this Section, "applicable taxes" means, with

7 respect to vehicles purchased in Illinois, the retailers'

8 occupation tax levied under the Retailers' Occupation Tax Act

9 or the use tax levied under the Use Tax Act. "Applicable

10 taxes", with respect to vehicles not purchased in Illinois,

11 refers to the sales, use, excise, or other generally

12 applicable tax that is due upon the purchase of a vehicle in

13 the jurisdiction in which the vehicle was purchased.

14  Notwithstanding any law to the contrary, the car-sharing

15 program shall have the right to rely on the shared-vehicle

16 shared vehicle owner's response and to be held legally

17 harmless for such reliance.

18 (Source: P.A. 103-520, eff. 8-11-23; revised 10-23-24.)

19  Section 320. The Property Tax Code is amended by changing

20 Sections 18-185, 18-250, 22-15, and 22-40 as follows:

21  (35 ILCS 200/18-185)

22  Sec. 18-185. Short title; definitions. This Division 5

23 may be cited as the Property Tax Extension Limitation Law. As

24 used in this Division 5:
    SB2394 Enrolled             - 917 - LRB104 09208 AMC 19265 b

1   "Consumer Price Index" means the Consumer Price Index for

2 All Urban Consumers for all items published by the United

3 States Department of Labor.

4   "Extension limitation" means (a) the lesser of 5% or the

5 percentage increase in the Consumer Price Index during the

6 12-month calendar year preceding the levy year or (b) the rate

7 of increase approved by voters under Section 18-205.

8   "Affected county" means a county of 3,000,000 or more

9 inhabitants or a county contiguous to a county of 3,000,000 or

10 more inhabitants.

11  "Taxing district" has the same meaning provided in Section

12 1-150, except as otherwise provided in this Section. For the

13 1991 through 1994 levy years only, "taxing district" includes

14 only each non-home rule taxing district having the majority of

15 its 1990 equalized assessed value within any county or

16 counties contiguous to a county with 3,000,000 or more

17 inhabitants. Beginning with the 1995 levy year, "taxing

18 district" includes only each non-home rule taxing district

19 subject to this Law before the 1995 levy year and each non-home

20 rule taxing district not subject to this Law before the 1995

21 levy year having the majority of its 1994 equalized assessed

22 value in an affected county or counties. Beginning with the

23 levy year in which this Law becomes applicable to a taxing

24 district as provided in Section 18-213, "taxing district" also

25 includes those taxing districts made subject to this Law as

26 provided in Section 18-213.
   SB2394 Enrolled  - 918 - LRB104 09208 AMC 19265 b

1  "Aggregate extension" for taxing districts to which this

2 Law applied before the 1995 levy year means the annual

3 corporate extension for the taxing district and those special

4 purpose extensions that are made annually for the taxing

5 district, excluding special purpose extensions: (a) made for

6 the taxing district to pay interest or principal on general

7 obligation bonds that were approved by referendum; (b) made

8 for any taxing district to pay interest or principal on

9 general obligation bonds issued before October 1, 1991; (c)

10 made for any taxing district to pay interest or principal on

11 bonds issued to refund or continue to refund those bonds

12 issued before October 1, 1991; (d) made for any taxing

13 district to pay interest or principal on bonds issued to

14 refund or continue to refund bonds issued after October 1,

15 1991 that were approved by referendum; (e) made for any taxing

16 district to pay interest or principal on revenue bonds issued

17 before October 1, 1991 for payment of which a property tax levy

18 or the full faith and credit of the unit of local government is

19 pledged; however, a tax for the payment of interest or

20 principal on those bonds shall be made only after the

21 governing body of the unit of local government finds that all

22 other sources for payment are insufficient to make those

23 payments; (f) made for payments under a building commission

24 lease when the lease payments are for the retirement of bonds

25 issued by the commission before October 1, 1991, to pay for the

26 building project; (g) made for payments due under installment
SB2394 Enrolled  - 919 - LRB104 09208 AMC 19265 b

 1 contracts entered into before October 1, 1991; (h) made for
 2 payments of principal and interest on bonds issued under the
 3 Metropolitan Water Reclamation District Act to finance
 4 construction projects initiated before October 1, 1991; (i)
 5 made for payments of principal and interest on limited bonds,
 6 as defined in Section 3 of the Local Government Debt Reform
 7 Act, in an amount not to exceed the debt service extension base
 8 less the amount in items (b), (c), (e), and (h) of this
 9 definition for non-referendum obligations, except obligations
10 initially issued pursuant to referendum; (j) made for payments
11 of principal and interest on bonds issued under Section 15 of
12 the Local Government Debt Reform Act; (k) made by a school
13 district that participates in the Special Education District
14 of Lake County, created by special education joint agreement
15 under Section 10-22.31 of the School Code, for payment of the
16 school district's share of the amounts required to be
17 contributed by the Special Education District of Lake County
18 to the Illinois Municipal Retirement Fund under Article 7 of
19 the Illinois Pension Code; the amount of any extension under
20 this item (k) shall be certified by the school district to the
21 county clerk; (l) made to fund expenses of providing joint
22 recreational programs for persons with disabilities under
23 Section 5-8 of the Park District Code or Section 11-95-14 of
24 the Illinois Municipal Code; (m) made for temporary relocation
25 loan repayment purposes pursuant to Sections 2-3.77 and
26 17-2.2d of the School Code; (n) made for payment of principal
    SB2394 Enrolled  - 920 - LRB104 09208 AMC 19265 b

1 and interest on any bonds issued under the authority of

2 Section 17-2.2d of the School Code; (o) made for contributions

3 to a firefighter's pension fund created under Article 4 of the

4 Illinois Pension Code, to the extent of the amount certified

5 under item (5) of Section 4-134 of the Illinois Pension Code;

6 (p) made for road purposes in the first year after a township

7 assumes the rights, powers, duties, assets, property,

8 liabilities, obligations, and responsibilities of a road

9 district abolished under the provisions of Section 6-133 of

10 the Illinois Highway Code; and (q) made under Section 4 of the

11 Community Mental Health Act to provide the necessary funds or

12 to supplement existing funds for community mental health

13 facilities and services, including facilities and services for

14 the person with a developmental disability or a substance use

15 disorder; and (r) (q) made for the payment of principal and

16 interest on any bonds issued under the authority of Section

17 17-2.11 of the School Code or to refund or continue to refund

18 those bonds.

19  "Aggregate extension" for the taxing districts to which

20 this Law did not apply before the 1995 levy year (except taxing

21 districts subject to this Law in accordance with Section

22 18-213) means the annual corporate extension for the taxing

23 district and those special purpose extensions that are made

24 annually for the taxing district, excluding special purpose

25 extensions: (a) made for the taxing district to pay interest

26 or principal on general obligation bonds that were approved by
SB2394 Enrolled  - 921 - LRB104 09208 AMC 19265 b

 1 referendum; (b) made for any taxing district to pay interest
 2 or principal on general obligation bonds issued before March
 3 1, 1995; (c) made for any taxing district to pay interest or
 4 principal on bonds issued to refund or continue to refund
 5 those bonds issued before March 1, 1995; (d) made for any
 6 taxing district to pay interest or principal on bonds issued
 7 to refund or continue to refund bonds issued after March 1,
 8 1995 that were approved by referendum; (e) made for any taxing
 9 district to pay interest or principal on revenue bonds issued
10 before March 1, 1995 for payment of which a property tax levy
11 or the full faith and credit of the unit of local government is
12 pledged; however, a tax for the payment of interest or
13 principal on those bonds shall be made only after the
14 governing body of the unit of local government finds that all
15 other sources for payment are insufficient to make those
16 payments; (f) made for payments under a building commission
17 lease when the lease payments are for the retirement of bonds
18 issued by the commission before March 1, 1995 to pay for the
19 building project; (g) made for payments due under installment
20 contracts entered into before March 1, 1995; (h) made for
21 payments of principal and interest on bonds issued under the
22 Metropolitan Water Reclamation District Act to finance
23 construction projects initiated before October 1, 1991; (h-4)
24 made for stormwater management purposes by the Metropolitan
25 Water Reclamation District of Greater Chicago under Section 12
26 of the Metropolitan Water Reclamation District Act; (h-8) made
SB2394 Enrolled  - 922 - LRB104 09208 AMC 19265 b

 1 for payments of principal and interest on bonds issued under
 2 Section 9.6a of the Metropolitan Water Reclamation District
 3 Act to make contributions to the pension fund established
 4 under Article 13 of the Illinois Pension Code; (i) made for
 5 payments of principal and interest on limited bonds, as
 6 defined in Section 3 of the Local Government Debt Reform Act,
 7 in an amount not to exceed the debt service extension base less
 8 the amount in items (b), (c), and (e) of this definition for
 9 non-referendum obligations, except obligations initially
10 issued pursuant to referendum and bonds described in
11 subsections (h) and (h-8) of this definition; (j) made for
12 payments of principal and interest on bonds issued under
13 Section 15 of the Local Government Debt Reform Act; (k) made
14 for payments of principal and interest on bonds authorized by
15 Public Act 88-503 and issued under Section 20a of the Chicago
16 Park District Act for aquarium or museum projects and bonds
17 issued under Section 20a of the Chicago Park District Act for
18 the purpose of making contributions to the pension fund
19 established under Article 12 of the Illinois Pension Code; (l)
20 made for payments of principal and interest on bonds
21 authorized by Public Act 87-1191 or 93-601 and (i) issued
22 pursuant to Section 21.2 of the Cook County Forest Preserve
23 District Act, (ii) issued under Section 42 of the Cook County
24 Forest Preserve District Act for zoological park projects, or
25 (iii) issued under Section 44.1 of the Cook County Forest
26 Preserve District Act for botanical gardens projects; (m) made
    SB2394 Enrolled  - 923 - LRB104 09208 AMC 19265 b

1 pursuant to Section 34-53.5 of the School Code, whether levied

2 annually or not; (n) made to fund expenses of providing joint

3 recreational programs for persons with disabilities under

4 Section 5-8 of the Park District Code or Section 11-95-14 of

5 the Illinois Municipal Code; (o) made by the Chicago Park

6 District for recreational programs for persons with

7 disabilities under subsection (c) of Section 7.06 of the

8 Chicago Park District Act; (p) made for contributions to a

9 firefighter's pension fund created under Article 4 of the

10 Illinois Pension Code, to the extent of the amount certified

11 under item (5) of Section 4-134 of the Illinois Pension Code;

12 (q) made by Ford Heights School District 169 under Section

13 17-9.02 of the School Code; (r) made for the purpose of making

14 employer contributions to the Public School Teachers' Pension

15 and Retirement Fund of Chicago under Section 34-53 of the

16 School Code; and (s) made under Section 4 of the Community

17 Mental Health Act to provide the necessary funds or to

18 supplement existing funds for community mental health

19 facilities and services, including facilities and services for

20 the person with a developmental disability or a substance use

21 disorder; and (t) (s) made for the payment of principal and

22 interest on any bonds issued under the authority of Section

23 17-2.11 of the School Code or to refund or continue to refund

24 those bonds.

25  "Aggregate extension" for all taxing districts to which

26 this Law applies in accordance with Section 18-213, except for
SB2394 Enrolled  - 924 - LRB104 09208 AMC 19265 b

 1 those taxing districts subject to paragraph (2) of subsection
 2 (e) of Section 18-213, means the annual corporate extension
 3 for the taxing district and those special purpose extensions
 4 that are made annually for the taxing district, excluding
 5 special purpose extensions: (a) made for the taxing district
 6 to pay interest or principal on general obligation bonds that
 7 were approved by referendum; (b) made for any taxing district
 8 to pay interest or principal on general obligation bonds
 9 issued before the date on which the referendum making this Law
10 applicable to the taxing district is held; (c) made for any
11 taxing district to pay interest or principal on bonds issued
12 to refund or continue to refund those bonds issued before the
13 date on which the referendum making this Law applicable to the
14 taxing district is held; (d) made for any taxing district to
15 pay interest or principal on bonds issued to refund or
16 continue to refund bonds issued after the date on which the
17 referendum making this Law applicable to the taxing district
18 is held if the bonds were approved by referendum after the date
19 on which the referendum making this Law applicable to the
20 taxing district is held; (e) made for any taxing district to
21 pay interest or principal on revenue bonds issued before the
22 date on which the referendum making this Law applicable to the
23 taxing district is held for payment of which a property tax
24 levy or the full faith and credit of the unit of local
25 government is pledged; however, a tax for the payment of
26 interest or principal on those bonds shall be made only after
SB2394 Enrolled  - 925 - LRB104 09208 AMC 19265 b

 1 the governing body of the unit of local government finds that
 2 all other sources for payment are insufficient to make those
 3 payments; (f) made for payments under a building commission
 4 lease when the lease payments are for the retirement of bonds
 5 issued by the commission before the date on which the
 6 referendum making this Law applicable to the taxing district
 7 is held to pay for the building project; (g) made for payments
 8 due under installment contracts entered into before the date
 9 on which the referendum making this Law applicable to the
10 taxing district is held; (h) made for payments of principal
11 and interest on limited bonds, as defined in Section 3 of the
12 Local Government Debt Reform Act, in an amount not to exceed
13 the debt service extension base less the amount in items (b),
14 (c), and (e) of this definition for non-referendum
15 obligations, except obligations initially issued pursuant to
16 referendum; (i) made for payments of principal and interest on
17 bonds issued under Section 15 of the Local Government Debt
18 Reform Act; (j) made for a qualified airport authority to pay
19 interest or principal on general obligation bonds issued for
20 the purpose of paying obligations due under, or financing
21 airport facilities required to be acquired, constructed,
22 installed or equipped pursuant to, contracts entered into
23 before March 1, 1996 (but not including any amendments to such
24 a contract taking effect on or after that date); (k) made to
25 fund expenses of providing joint recreational programs for
26 persons with disabilities under Section 5-8 of the Park
    SB2394 Enrolled  - 926 - LRB104 09208 AMC 19265 b

1 District Code or Section 11-95-14 of the Illinois Municipal

2 Code; (l) made for contributions to a firefighter's pension

3 fund created under Article 4 of the Illinois Pension Code, to

4 the extent of the amount certified under item (5) of Section

5 4-134 of the Illinois Pension Code; (m) made for the taxing

6 district to pay interest or principal on general obligation

7 bonds issued pursuant to Section 19-3.10 of the School Code;

8 and (n) made under Section 4 of the Community Mental Health Act

9 to provide the necessary funds or to supplement existing funds

10 for community mental health facilities and services, including

11 facilities and services for the person with a developmental

12 disability or a substance use disorder; and (o) (n) made for

13 the payment of principal and interest on any bonds issued

14 under the authority of Section 17-2.11 of the School Code or to

15 refund or continue to refund those bonds.

16  "Aggregate extension" for all taxing districts to which

17 this Law applies in accordance with paragraph (2) of

18 subsection (e) of Section 18-213 means the annual corporate

19 extension for the taxing district and those special purpose

20 extensions that are made annually for the taxing district,

21 excluding special purpose extensions: (a) made for the taxing

22 district to pay interest or principal on general obligation

23 bonds that were approved by referendum; (b) made for any

24 taxing district to pay interest or principal on general

25 obligation bonds issued before March 7, 1997 (the effective

26 date of Public Act 89-718); (c) made for any taxing district to
SB2394 Enrolled  - 927 - LRB104 09208 AMC 19265 b

 1 pay interest or principal on bonds issued to refund or
 2 continue to refund those bonds issued before March 7, 1997
 3 (the effective date of Public Act 89-718); (d) made for any
 4 taxing district to pay interest or principal on bonds issued
 5 to refund or continue to refund bonds issued after March 7,
 6 1997 (the effective date of Public Act 89-718) if the bonds
 7 were approved by referendum after March 7, 1997 (the effective
 8 date of Public Act 89-718); (e) made for any taxing district to
 9 pay interest or principal on revenue bonds issued before March
10 7, 1997 (the effective date of Public Act 89-718) for payment
11 of which a property tax levy or the full faith and credit of
12 the unit of local government is pledged; however, a tax for the
13 payment of interest or principal on those bonds shall be made
14 only after the governing body of the unit of local government
15 finds that all other sources for payment are insufficient to
16 make those payments; (f) made for payments under a building
17 commission lease when the lease payments are for the
18 retirement of bonds issued by the commission before March 7,
19 1997 (the effective date of Public Act 89-718) to pay for the
20 building project; (g) made for payments due under installment
21 contracts entered into before March 7, 1997 (the effective
22 date of Public Act 89-718); (h) made for payments of principal
23 and interest on limited bonds, as defined in Section 3 of the
24 Local Government Debt Reform Act, in an amount not to exceed
25 the debt service extension base less the amount in items (b),
26 (c), and (e) of this definition for non-referendum
    SB2394 Enrolled        - 928 - LRB104 09208 AMC 19265 b

1 obligations, except obligations initially issued pursuant to

2 referendum; (i) made for payments of principal and interest on

3 bonds issued under Section 15 of the Local Government Debt

4 Reform Act; (j) made for a qualified airport authority to pay

5 interest or principal on general obligation bonds issued for

6 the purpose of paying obligations due under, or financing

7 airport facilities required to be acquired, constructed,

8 installed or equipped pursuant to, contracts entered into

9 before March 1, 1996 (but not including any amendments to such

10 a contract taking effect on or after that date); (k) made to

11 fund expenses of providing joint recreational programs for

12 persons with disabilities under Section 5-8 of the Park

13 District Code or Section 11-95-14 of the Illinois Municipal

14 Code; (l) made for contributions to a firefighter's pension

15 fund created under Article 4 of the Illinois Pension Code, to

16 the extent of the amount certified under item (5) of Section

17 4-134 of the Illinois Pension Code; and (m) made under Section

18 4 of the Community Mental Health Act to provide the necessary

19 funds or to supplement existing funds for community mental

20 health facilities and services, including facilities and

21 services for the person with a developmental disability or a

22 substance use disorder; and (n) (m) made for the payment of

23 principal and interest on any bonds issued under the authority

24 of Section 17-2.11 of the School Code or to refund or continue

25 to refund those bonds.

26  "Debt service extension base" means an amount equal to
SB2394 Enrolled  - 929 - LRB104 09208 AMC 19265 b

 1 that portion of the extension for a taxing district for the
 2 1994 levy year, or for those taxing districts subject to this
 3 Law in accordance with Section 18-213, except for those
 4 subject to paragraph (2) of subsection (e) of Section 18-213,
 5 for the levy year in which the referendum making this Law
 6 applicable to the taxing district is held, or for those taxing
 7 districts subject to this Law in accordance with paragraph (2)
 8 of subsection (e) of Section 18-213 for the 1996 levy year,
 9 constituting an extension for payment of principal and
10 interest on bonds issued by the taxing district without
11 referendum, but not including excluded non-referendum bonds.
12 For park districts (i) that were first subject to this Law in
13 1991 or 1995 and (ii) whose extension for the 1994 levy year
14 for the payment of principal and interest on bonds issued by
15 the park district without referendum (but not including
16 excluded non-referendum bonds) was less than 51% of the amount
17 for the 1991 levy year constituting an extension for payment
18 of principal and interest on bonds issued by the park district
19 without referendum (but not including excluded non-referendum
20 bonds), "debt service extension base" means an amount equal to
21 that portion of the extension for the 1991 levy year
22 constituting an extension for payment of principal and
23 interest on bonds issued by the park district without
24 referendum (but not including excluded non-referendum bonds).
25 A debt service extension base established or increased at any
26 time pursuant to any provision of this Law, except Section
    SB2394 Enrolled      - 930 - LRB104 09208 AMC 19265 b

1 18-212, shall be increased each year commencing with the later

2 of (i) the 2009 levy year or (ii) the first levy year in which

3 this Law becomes applicable to the taxing district, by the

4 lesser of 5% or the percentage increase in the Consumer Price

5 Index during the 12-month calendar year preceding the levy

6 year. The debt service extension base may be established or

7 increased as provided under Section 18-212. "Excluded

8 non-referendum bonds" means (i) bonds authorized by Public Act

9 88-503 and issued under Section 20a of the Chicago Park

10 District Act for aquarium and museum projects; (ii) bonds

11 issued under Section 15 of the Local Government Debt Reform

12 Act; or (iii) refunding obligations issued to refund or to

13 continue to refund obligations initially issued pursuant to

14 referendum.

15  "Special purpose extensions" include, but are not limited

16 to, extensions for levies made on an annual basis for

17 unemployment and workers' compensation, self-insurance,

18 contributions to pension plans, and extensions made pursuant

19 to Section 6-601 of the Illinois Highway Code for a road

20 district's permanent road fund whether levied annually or not.

21 The extension for a special service area is not included in the

22 aggregate extension.

23  "Aggregate extension base" means the taxing district's

24 last preceding aggregate extension as adjusted under Sections

25 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with

26 levy year 2022, for taxing districts that are specified in
    SB2394 Enrolled  - 931 - LRB104 09208 AMC 19265 b

1 Section 18-190.7, the taxing district's aggregate extension

2 base shall be calculated as provided in Section 18-190.7. An

3 adjustment under Section 18-135 shall be made for the 2007

4 levy year and all subsequent levy years whenever one or more

5 counties within which a taxing district is located (i) used

6 estimated valuations or rates when extending taxes in the

7 taxing district for the last preceding levy year that resulted

8 in the over or under extension of taxes, or (ii) increased or

9 decreased the tax extension for the last preceding levy year

10 as required by Section 18-135(c). Whenever an adjustment is

11 required under Section 18-135, the aggregate extension base of

12 the taxing district shall be equal to the amount that the

13 aggregate extension of the taxing district would have been for

14 the last preceding levy year if either or both (i) actual,

15 rather than estimated, valuations or rates had been used to

16 calculate the extension of taxes for the last levy year, or

17 (ii) the tax extension for the last preceding levy year had not

18 been adjusted as required by subsection (c) of Section 18-135.

19  Notwithstanding any other provision of law, for levy year

20 2012, the aggregate extension base for West Northfield School

21 District No. 31 in Cook County shall be $12,654,592.

22  Notwithstanding any other provision of law, for the

23 purpose of calculating the limiting rate for levy year 2023,

24 the last preceding aggregate extension base for Homewood

25 School District No. 153 in Cook County shall be $19,535,377.

26  Notwithstanding any other provision of law, for levy year
   SB2394 Enrolled  - 932 - LRB104 09208 AMC 19265 b

1 2022, the aggregate extension base of a home equity assurance

2 program that levied at least $1,000,000 in property taxes in

3 levy year 2019 or 2020 under the Home Equity Assurance Act

4 shall be the amount that the program's aggregate extension

5 base for levy year 2021 would have been if the program had

6 levied a property tax for levy year 2021.

7  "Levy year" has the same meaning as "year" under Section

8 1-155.

9  "New property" means (i) the assessed value, after final

10 board of review or board of appeals action, of new

11 improvements or additions to existing improvements on any

12 parcel of real property that increase the assessed value of

13 that real property during the levy year multiplied by the

14 equalization factor issued by the Department under Section

15 17-30, (ii) the assessed value, after final board of review or

16 board of appeals action, of real property not exempt from real

17 estate taxation, which real property was exempt from real

18 estate taxation for any portion of the immediately preceding

19 levy year, multiplied by the equalization factor issued by the

20 Department under Section 17-30, including the assessed value,

21 upon final stabilization of occupancy after new construction

22 is complete, of any real property located within the

23 boundaries of an otherwise or previously exempt military

24 reservation that is intended for residential use and owned by

25 or leased to a private corporation or other entity, (iii) in

26 counties that classify in accordance with Section 4 of Article
    SB2394 Enrolled  - 933 - LRB104 09208 AMC 19265 b

1 IX of the Illinois Constitution, an incentive property's

2 additional assessed value resulting from a scheduled increase

3 in the level of assessment as applied to the first year final

4 board of review market value, and (iv) any increase in

5 assessed value due to oil or gas production from an oil or gas

6 well required to be permitted under the Hydraulic Fracturing

7 Regulatory Act that was not produced in or accounted for

8 during the previous levy year. In addition, the county clerk

9 in a county containing a population of 3,000,000 or more shall

10 include in the 1997 recovered tax increment value for any

11 school district, any recovered tax increment value that was

12 applicable to the 1995 tax year calculations.

13  "Qualified airport authority" means an airport authority

14 organized under the Airport Authorities Act and located in a

15 county bordering on the State of Wisconsin and having a

16 population in excess of 200,000 and not greater than 500,000.

17  "Recovered tax increment value" means, except as otherwise

18 provided in this paragraph, the amount of the current year's

19 equalized assessed value, in the first year after a

20 municipality terminates the designation of an area as a

21 redevelopment project area previously established under the

22 Tax Increment Allocation Redevelopment Act in the Illinois

23 Municipal Code, previously established under the Industrial

24 Jobs Recovery Law in the Illinois Municipal Code, previously

25 established under the Economic Development Project Area Tax

26 Increment Act of 1995, or previously established under the
SB2394 Enrolled  - 934 - LRB104 09208 AMC 19265 b

 1 Economic Development Area Tax Increment Allocation Act, of
 2 each taxable lot, block, tract, or parcel of real property in
 3 the redevelopment project area over and above the initial
 4 equalized assessed value of each property in the redevelopment
 5 project area. For the taxes which are extended for the 1997
 6 levy year, the recovered tax increment value for a non-home
 7 rule taxing district that first became subject to this Law for
 8 the 1995 levy year because a majority of its 1994 equalized
 9 assessed value was in an affected county or counties shall be
10 increased if a municipality terminated the designation of an
11 area in 1993 as a redevelopment project area previously
12 established under the Tax Increment Allocation Redevelopment
13 Act in the Illinois Municipal Code, previously established
14 under the Industrial Jobs Recovery Law in the Illinois
15 Municipal Code, or previously established under the Economic
16 Development Area Tax Increment Allocation Act, by an amount
17 equal to the 1994 equalized assessed value of each taxable
18 lot, block, tract, or parcel of real property in the
19 redevelopment project area over and above the initial
20 equalized assessed value of each property in the redevelopment
21 project area. In the first year after a municipality removes a
22 taxable lot, block, tract, or parcel of real property from a
23 redevelopment project area established under the Tax Increment
24 Allocation Redevelopment Act in the Illinois Municipal Code,
25 the Industrial Jobs Recovery Law in the Illinois Municipal
26 Code, or the Economic Development Area Tax Increment
   SB2394 Enrolled  - 935 - LRB104 09208 AMC 19265 b

1 Allocation Act, "recovered tax increment value" means the

2 amount of the current year's equalized assessed value of each

3 taxable lot, block, tract, or parcel of real property removed

4 from the redevelopment project area over and above the initial

5 equalized assessed value of that real property before removal

6 from the redevelopment project area.

7  Except as otherwise provided in this Section, "limiting

8 rate" means a fraction the numerator of which is the last

9 preceding aggregate extension base times an amount equal to

10 one plus the extension limitation defined in this Section and

11 the denominator of which is the current year's equalized

12 assessed value of all real property in the territory under the

13 jurisdiction of the taxing district during the prior levy

14 year. For those taxing districts that reduced their aggregate

15 extension for the last preceding levy year, except for school

16 districts that reduced their extension for educational

17 purposes pursuant to Section 18-206, the highest aggregate

18 extension in any of the last 3 preceding levy years shall be

19 used for the purpose of computing the limiting rate. The

20 denominator shall not include new property or the recovered

21 tax increment value. If a new rate, a rate decrease, or a

22 limiting rate increase has been approved at an election held

23 after March 21, 2006, then (i) the otherwise applicable

24 limiting rate shall be increased by the amount of the new rate

25 or shall be reduced by the amount of the rate decrease, as the

26 case may be, or (ii) in the case of a limiting rate increase,
    SB2394 Enrolled       - 936 - LRB104 09208 AMC 19265 b

 1 the limiting rate shall be equal to the rate set forth in the
 2 proposition approved by the voters for each of the years
 3 specified in the proposition, after which the limiting rate of
 4 the taxing district shall be calculated as otherwise provided.
 5 In the case of a taxing district that obtained referendum
 6 approval for an increased limiting rate on March 20, 2012, the
 7 limiting rate for tax year 2012 shall be the rate that
 8 generates the approximate total amount of taxes extendable for
 9 that tax year, as set forth in the proposition approved by the
10 voters; this rate shall be the final rate applied by the county
11 clerk for the aggregate of all capped funds of the district for
12 tax year 2012.
13 (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
14 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
15 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22;
16 103-154, eff. 6-30-23; 103-587, eff. 5-28-24; 103-591, eff.
17 7-1-24; 103-592, eff. 6-7-24; revised 7-9-24.)

18  (35 ILCS 200/18-250)

19  Sec. 18-250. Additions to forfeited taxes and unpaid

20 special assessments; fee for estimate.

21  (a) When any property has been forfeited for taxes or

22 special assessments, the clerk shall compute the amount of

23 back taxes and special assessments, interest, statutory costs,

24 and printer's fees remaining due, with one year's interest on

25 all taxes forfeited, and enter them upon the collector's books
    SB2394 Enrolled  - 937 - LRB104 09208 AMC 19265 b

1 as separate items. Except as otherwise provided in Section

2 21-375, the aggregate so computed shall be collected in the

3 same manner as the taxes on other property for that year. The

4 county clerk shall examine the forfeitures, and strike all

5 errors and make corrections as necessary. For counties with

6 fewer than 3,000,000 inhabitants, interest added to

7 forfeitures under this Section shall be at the rate of 12% per

8 year. For counties with 3,000,000 or more inhabitants,

9 interest added to forfeitures under this Section shall accrue

10 at the rate of (i) 12% per year if the forfeiture is for a tax

11 year before tax year 2023 or (ii) 0.75% per month, or portion

12 thereof, if the forfeiture is for tax year 2023 or any tax year

13 thereafter.

14  (b) In counties with 3,000,000 or more inhabitants, taxes

15 first extended for prior years, or previously extended for

16 prior years for which application for judgment and order of

17 sale is not already pending, shall be added to the tax of the

18 current year, with interest and costs as provided by law.

19 Forfeitures shall not be so added, but they shall remain a lien

20 on the property upon which they were charged until paid or sold

21 as provided by law. There shall be added to such forfeitures

22 annually the same interest as would be added if forfeited

23 annually, until paid or sold, and the addition of each year's

24 interest shall be considered a separate forfeiture.

25 Forfeitures may be redeemed in the manner provided in Section

26 21-370 or 21-375. Taxes and special assessments for which
   SB2394 Enrolled         - 938 - LRB104 09208 AMC 19265 b

1 application for judgment and order of sale is pending, or

2 entered but not enforced for any reason, shall not be added to

3 the tax for the current year. However, if the taxes and special

4 assessments remain unpaid, the property, shall be advertised

5 and sold under judgments and orders of sale to be entered in

6 pending applications, or already entered in prior

7 applications, including judgments and orders of sale under

8 which the purchaser fails to complete his or her purchase.

9  (c) In counties with 3,000,000 or more inhabitants, on or

10 before January 1, 2001 and during each year thereafter, the

11 county clerk shall compute the amount of taxes on each

12 property that remain due or forfeited for any year prior to the

13 current year and have not become subject to Sections 20-180

14 through 20-190, and the clerk shall enter the same upon the

15 collector's warrant books of the current and all following

16 years as separate items in a suitable column. The county clerk

17 shall examine the collector's warrant books and the Tax

18 Judgment, Sale, Redemption and Forfeiture records for the

19 appropriate years and may take any other actions as the clerk

20 finds to be necessary or convenient in order to comply with

21 this subsection. On and after January 1, 2001, any taxes for

22 any year remaining due or forfeited against real property in

23 such county not entered on the current collector's warrant

24 books shall be deemed uncollectible and void, but shall not be

25 subject to the posting or other requirements of Sections

26 20-180 through 20-190.
    SB2394 Enrolled      - 939 - LRB104 09208 AMC 19265 b

1   (d) In counties with 100,000 or more inhabitants, the

2 county clerk shall, when making the annual collector's books,

3 in a suitable column, insert and designate previous

4 forfeitures of general taxes by the word "forfeiture", to be

5 stamped opposite each property forfeited at the last previous

6 tax sale for general taxes and not redeemed or purchased

7 previous to the completion of the collector's books. The

8 collectors of general taxes shall stamp upon all bills

9 rendered and receipts given the information on the collector's

10 books regarding forfeiture of general taxes, and the stamped

11 notation shall also refer the recipient to the county clerk

12 for full information. The county clerk shall be allowed to

13 collect from the person requesting an estimate of costs of

14 redemption of a forfeited property, the fee provided by law.

15 (Source: P.A. 103-555, eff. 1-1-24; revised 7-22-24.)

16  (35 ILCS 200/22-15)

17  Sec. 22-15. Service of notice. The purchaser or his or her

18 assignee shall give the notice required by Section 22-10 by

19 causing it to be published in a newspaper as set forth in

20 Section 22-20. In addition, the notice shall be served upon

21 owners who reside on any part of the subject property by

22 leaving a copy of the notice with those owners personally. The

23 notice must be served by a sheriff (or if he or she is

24 disqualified, by a coroner) of the county in which the

25 property, or any part thereof, is located or, by a person who
    SB2394 Enrolled  - 940 - LRB104 09208 AMC 19265 b

1 is licensed or registered as a private detective under the

2 Private Detective, Private Alarm, Private Security,

3 Fingerprint Vendor, and Locksmith Act of 2004.

4   In counties of 3,000,000 or more inhabitants, if the

5 notice required by Section 22-10 is to be served by the

6 sheriff, no sale in error may be declared pursuant to Section

7 22-50 or subparagraph (5) of subsection (a) of Section 21-310

8 based upon the sheriff's failure to serve the notice in

9 accordance with this Section unless the notice and service

10 list for the first service attempt is delivered by the

11 purchaser or assignee to the sheriff at least 5 months prior to

12 the expiration of the period of redemption. Purchasers or

13 assignees may request that the sheriff make additional service

14 attempts to the same entities and locations, and the sheriff

15 may make those additional attempts within the noticing period

16 established in Section 22-10, but the sheriff's failure to

17 make such additional service attempts is not grounds for a

18 sale in error under Section 22-50 or subparagraph (5) of

19 subsection (a) of Section 21-310.

20  In counties of 3,000,000 or more inhabitants, if the

21 purchaser or assignee requests that the sheriff make an

22 additional service attempt upon an entity or to a location

23 that was not included on the service list for the first

24 attempt, then the purchaser or assignee must deliver the

25 notice and service list for the additional service attempt to

26 the sheriff at least 4 months before the expiration of the
    SB2394 Enrolled  - 941 - LRB104 09208 AMC 19265 b

1 period of redemption. If the purchaser or assignee delivers

2 the notice and service list for an additional service attempt

3 upon an entity or to a location that was not included on the

4 service list for the first attempt to the sheriff at least 4

5 months before the expiration of the period of redemption, then

6 the sheriff's failure to serve the notice in accordance with

7 this Section may be grounds for a sale in error under Section

8 22-50 but not under subparagraph (5) of subsection (a) of

9 Section 21-310. If the purchaser or assignee fails to deliver

10 the notice and service list for an additional service attempt

11 upon an entity or to a location that was not included on the

12 first service list to the sheriff at least 4 months prior to

13 the expiration of the period of redemption, then the sheriff's

14 failure to serve that additional notice in accordance with

15 this Section is not grounds for a sale in error under either

16 Section 22-50 or subparagraph (5) of subsection (a) of Section

17 21-310.

18  In counties of 3,000,000 or more inhabitants where a

19 taxing district is a petitioner for tax deed pursuant to

20 Section 21-90, in lieu of service by the sheriff or coroner the

21 notice may be served by a special process server appointed by

22 the circuit court as provided in this Section. The taxing

23 district may move prior to filing one or more petitions for tax

24 deed for appointment of such a special process server. The

25 court, upon being satisfied that the person named in the

26 motion is at least 18 years of age and is capable of serving
    SB2394 Enrolled  - 942 - LRB104 09208 AMC 19265 b

1 notice as required under this Code, shall enter an order

2 appointing such person as a special process server for a

3 period of one year. The appointment may be renewed for

4 successive periods of one year each by motion and order, and a

5 copy of the original and any subsequent order shall be filed in

6 each tax deed case in which a notice is served by the appointed

7 person. Delivery of the notice to and service of the notice by

8 the special process server shall have the same force and

9 effect as its delivery to and service by the sheriff or

10 coroner.

11  The same form of notice shall also be served, in the manner

12 set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and

13 2-211 of the Code of Civil Procedure, upon all other owners and

14 parties interested in the property, if upon diligent inquiry

15 they can be found in the county, and upon the occupants of the

16 property.

17  If the property sold has more than 4 dwellings or other

18 rental units, and has a managing agent or party who collects

19 rents, that person shall be deemed the occupant and shall be

20 served with notice instead of the occupants of the individual

21 units. If the property has no dwellings or rental units, but

22 economic or recreational activities are carried on therein,

23 the person directing such activities shall be deemed the

24 occupant. Holders of rights of entry and possibilities of

25 reverter shall not be deemed parties interested in the

26 property.
    SB2394 Enrolled          - 943 - LRB104 09208 AMC 19265 b

1   When a party interested in the property is a trustee,

2 notice served upon the trustee shall be deemed to have been

3 served upon any beneficiary or note holder thereunder unless

4 the holder of the note is disclosed of record.

5   When a judgment is a lien upon the property sold, the

6 holder of the lien shall be served with notice if the name of

7 the judgment debtor as shown in the transcript, certified copy

8 or memorandum of judgment filed of record is identical, as to

9 given name and surname, with the name of the party interested

10 as it appears of record.

11  If any owner or party interested, upon diligent inquiry

12 and effort, cannot be found or served with notice in the county

13 as provided in this Section, and the person in actual

14 occupancy and possession is tenant to, or in possession under

15 the owners or the parties interested in the property, then

16 service of notice upon the tenant, occupant or person in

17 possession shall be deemed service upon the owners or parties

18 interested.

19  If any owner or party interested, upon diligent inquiry

20 and effort, cannot be found or served with notice in the

21 county, then the person making the service shall cause a copy

22 of the notice to be sent by registered or certified mail,

23 return receipt requested, to that party at his or her

24 residence, if ascertainable.

25  The changes to this Section made by Public Act 95-477

26 apply only to matters in which a petition for tax deed is filed
    SB2394 Enrolled         - 944 - LRB104 09208 AMC 19265 b

1 on or after June 1, 2008 (the effective date of Public Act
2 95-477).
3 (Source: P.A. 103-555, eff. 1-1-24; revised 8-6-24.)

4   (35 ILCS 200/22-40)

5   Sec. 22-40. Issuance of deed; possession.

6   (a) To obtain an order for issuance of tax deed, the

7 petitioner must provide sufficient evidence that:

8   (1) the redemption period has expired and the property

9   has not been redeemed;

10  (2) all taxes and special assessments which became due

11  and payable subsequent to the sale have been paid, unless

12  the county or its agent, as trustee pursuant to Section

13  21-90, is the petitioner;

14  (3) all forfeitures and sales which occur subsequent

15  to the sale are paid or redeemed, unless the county or its

16  agent, as trustee pursuant to Section 21-90, is the

17  petitioner;

18  (4) the notices required by law have been given, and

19  all advancements of public funds under the police power

20  made by a county, city, village, or town under Section

21  22-35 have been paid; and

22  (5) the petitioner has complied with all the

23  provisions of law entitling him or her to a deed.

24  Upon receipt of sufficient evidence of the requirements

25 under this subsection (a), the court shall find that the
    SB2394 Enrolled             - 945 - LRB104 09208 AMC 19265 b

1 petitioner complied with those requirements and shall enter an

2 order directing the county clerk, on the production of the tax

3 certificate and a certified copy of the order, to issue to the

4 purchaser or its assignee a tax deed. The court shall insist on

5 strict compliance with Section 22-10 through 22-25. Prior to

6 the entry of an order directing the issuance of a tax deed, the

7 petitioner shall furnish the court with a report of

8 proceedings of the evidence received on the application for

9 tax deed and the report of proceedings shall be filed and made

10 a part of the court record.

11  (b) Except as provided in subsection (e), if taxes for

12 years prior to the year or years sold are or become delinquent

13 subsequent to the date of sale, the court shall find that the

14 lien of those delinquent taxes has been or will be merged into

15 the tax deed grantee's title if the court determines that the

16 tax deed grantee or any prior holder of the certificate of

17 purchase, or any person or entity under common ownership or

18 control with any such grantee or prior holder of the

19 certificate of purchase, was at no time the holder of any

20 certificate of purchase for the years sought to be merged. If

21 delinquent taxes are merged into the tax deed pursuant to this

22 subsection, the court shall enter an order declaring which

23 specific taxes have been or will be merged into the tax deed

24 title and directing the county treasurer and county clerk to

25 reflect that declaration in the warrant and judgment records;

26 provided, that no such order shall be effective until a tax
    SB2394 Enrolled  - 946 - LRB104 09208 AMC 19265 b

1 deed has been issued and timely recorded. Nothing contained in

2 this Section shall relieve any owner liable for delinquent

3 property taxes under this Code from the payment of the taxes

4 that have been merged into the title upon issuance of the tax

5 deed.

6   (c) The county clerk is entitled to a fee of $10 in

7 counties of 3,000,000 or more inhabitants and $5 in counties

8 with less than 3,000,000 inhabitants for the issuance of the

9 tax deed, with the exception of deeds issued to the county

10 pursuant to its authority under Section 21-90. The clerk may

11 not include in a tax deed more than one property as listed,

12 assessed and sold in one description, except in cases where

13 several properties are owned by one person.

14  Upon application, the court shall, enter an order to place

15 the tax deed grantee or the grantee's successor in interest in

16 possession of the property and may enter orders and grant

17 relief as may be necessary or desirable to maintain the

18 grantee or the grantee's successor in interest in possession.

19  (d) The court shall retain jurisdiction to enter orders

20 pursuant to subsections (b) and (c) of this Section. Public

21 Act 92-223 This amendatory Act of the 92nd General Assembly

22 and Public Act 95-477 this amendatory Act of the 95th General

23 Assembly shall be construed as being declarative of existing

24 law and not as a new enactment.

25  (e) Prior to the issuance of any tax deed under this

26 Section, the petitioner must redeem all taxes and special
    SB2394 Enrolled             - 947 - LRB104 09208 AMC 19265 b

1 assessments on the property that are subject to a pending tax

2 petition filed by a county or its assignee pursuant to Section

3 21-90.

4   (f) If, for any reason, a purchaser fails to obtain an

5 order for tax deed within the required time period and no sale

6 in error was granted or redemption paid, then the certificate

7 shall be forfeited to the county, as trustee, pursuant to

8 Section 21-90.

9 (Source: P.A. 103-555, eff. 1-1-24; revised 8-5-24.)

10  Section 325. The Telecommunications Excise Tax Act is

11 amended by changing Section 2 as follows:

12  (35 ILCS 630/2) (from Ch. 120, par. 2002)

13  Sec. 2. As used in this Article, unless the context

14 clearly requires otherwise:

15  (a) "Gross charge" means the amount paid for the act or

16 privilege of originating or receiving telecommunications in

17 this State and for all services and equipment provided in

18 connection therewith by a retailer, valued in money whether

19 paid in money or otherwise, including cash, credits, services,

20 and property of every kind or nature, and shall be determined

21 without any deduction on account of the cost of such

22 telecommunications, the cost of materials used, labor or

23 service costs, or any other expense whatsoever. In case credit

24 is extended, the amount thereof shall be included only as and
    SB2394 Enrolled  - 948 - LRB104 09208 AMC 19265 b

1 when paid. "Gross charges" for private line service shall

2 include charges imposed at each channel termination point

3 within this State, charges for the channel mileage between

4 each channel termination point within this State, and charges

5 for that portion of the interstate inter-office channel

6 provided within Illinois. Charges for that portion of the

7 interstate inter-office channel provided in Illinois shall be

8 determined by the retailer as follows: (i) for interstate

9 inter-office channels having 2 channel termination points,

10 only one of which is in Illinois, 50% of the total charge

11 imposed; or (ii) for interstate inter-office channels having

12 more than 2 channel termination points, one or more of which

13 are in Illinois, an amount equal to the total charge

14 multiplied by a fraction, the numerator of which is the number

15 of channel termination points within Illinois and the

16 denominator of which is the total number of channel

17 termination points. Prior to January 1, 2004, any method

18 consistent with this paragraph or other method that reasonably

19 apportions the total charges for interstate inter-office

20 channels among the states in which channel terminations points

21 are located shall be accepted as a reasonable method to

22 determine the charges for that portion of the interstate

23 inter-office channel provided within Illinois for that period.

24 However, "gross charges" shall not include any of the

25 following:

26  (1) Any amounts added to a purchaser's bill because of
    SB2394 Enrolled  - 949 - LRB104 09208 AMC 19265 b

1   a charge made pursuant to (i) the tax imposed by this

2   Article; (ii) charges added to customers' bills pursuant

3   to the provisions of Section Sections 9-221 or 9-222 of

4   the Public Utilities Act, as amended, or any similar

5   charges added to customers' bills by retailers who are not

6   subject to rate regulation by the Illinois Commerce

7   Commission for the purpose of recovering any of the tax

8   liabilities or other amounts specified in such provisions

9   of such Act; (iii) the tax imposed by Section 4251 of the

10  Internal Revenue Code; (iv) 911 surcharges; or (v) the tax

11  imposed by the Simplified Municipal Telecommunications Tax

12  Act.

13  (2) Charges for a sent collect telecommunication

14  received outside of the State.

15  (3) Charges for leased time on equipment or charges

16  for the storage of data or information for subsequent

17  retrieval or the processing of data or information

18  intended to change its form or content. Such equipment

19  includes, but is not limited to, the use of calculators,

20  computers, data processing equipment, tabulating

21  equipment, or accounting equipment and also includes the

22  usage of computers under a time-sharing agreement.

23  (4) Charges for customer equipment, including such

24  equipment that is leased or rented by the customer from

25  any source, wherein such charges are disaggregated and

26  separately identified from other charges.
    SB2394 Enrolled        - 950 - LRB104 09208 AMC 19265 b

1   (5) Charges to business enterprises certified under

2   Section 9-222.1 of the Public Utilities Act, as amended,

3   or under Section 95 of the Reimagining Energy and Vehicles

4   in Illinois Act, to the extent of such exemption and

5   during the period of time specified by the Department of

6   Commerce and Economic Opportunity.

7   (5.1) Charges to business enterprises certified under

8   the Manufacturing Illinois Chips for Real Opportunity

9   (MICRO) Act, to the extent of the exemption and during the

10  period of time specified by the Department of Commerce and

11  Economic Opportunity.

12  (5.2) Charges to entities certified under Section

13  605-1115 of the Department of Commerce and Economic

14  Opportunity Law of the Civil Administrative Code of

15  Illinois to the extent of the exemption and during the

16  period of time specified by the Department of Commerce and

17  Economic Opportunity.

18  (6) Charges for telecommunications and all services

19  and equipment provided in connection therewith between a

20  parent corporation and its wholly owned subsidiaries or

21  between wholly owned subsidiaries when the tax imposed

22  under this Article has already been paid to a retailer and

23  only to the extent that the charges between the parent

24  corporation and wholly owned subsidiaries or between

25  wholly owned subsidiaries represent expense allocation

26  between the corporations and not the generation of profit
    SB2394 Enrolled       - 951 - LRB104 09208 AMC 19265 b

1   for the corporation rendering such service.

2   (7) Bad debts. Bad debt means any portion of a debt

3   that is related to a sale at retail for which gross charges

4   are not otherwise deductible or excludable that has become

5   worthless or uncollectable, as determined under applicable

6   federal income tax standards. If the portion of the debt

7   deemed to be bad is subsequently paid, the retailer shall

8   report and pay the tax on that portion during the

9   reporting period in which the payment is made.

10  (8) Charges paid by inserting coins in coin-operated

11  telecommunication devices.

12  (9) Amounts paid by telecommunications retailers under

13  the Telecommunications Municipal Infrastructure

14  Maintenance Fee Act.

15  (10) Charges for nontaxable services or

16  telecommunications if (i) those charges are aggregated

17  with other charges for telecommunications that are

18  taxable, (ii) those charges are not separately stated on

19  the customer bill or invoice, and (iii) the retailer can

20  reasonably identify the nontaxable charges on the

21  retailer's books and records kept in the regular course of

22  business. If the nontaxable charges cannot reasonably be

23  identified, the gross charge from the sale of both taxable

24  and nontaxable services or telecommunications billed on a

25  combined basis shall be attributed to the taxable services

26  or telecommunications. The burden of proving nontaxable
    SB2394 Enrolled      - 952 - LRB104 09208 AMC 19265 b

1   charges shall be on the retailer of the

2   telecommunications.

3   (b) "Amount paid" means the amount charged to the

4 taxpayer's service address in this State regardless of where

5 such amount is billed or paid.

6   (c) "Telecommunications", in addition to the meaning

7 ordinarily and popularly ascribed to it, includes, without

8 limitation, messages or information transmitted through use of

9 local, toll, and wide area telephone service; private line

10  services;  channel   services;  telegraph  services;

11 teletypewriter; computer exchange services; cellular mobile

12 telecommunications service; specialized mobile radio;

13 stationary 2-way two way radio; paging service; or any other

14 form of mobile and portable one-way or 2-way two-way

15 communications; or any other transmission of messages or

16 information by electronic or similar means, between or among

17 points by wire, cable, fiber optics fiber-optics, laser,

18 microwave, radio, satellite, or similar facilities. As used in

19 this Act, "private line" means a dedicated non-traffic

20 sensitive service for a single customer, that entitles the

21 customer to exclusive or priority use of a communications

22 channel or group of channels, from one or more specified

23 locations to one or more other specified locations. The

24 definition of "telecommunications" shall not include value

25 added services in which computer processing applications are

26 used to act on the form, content, code, and protocol of the
    SB2394 Enrolled    - 953 - LRB104 09208 AMC 19265 b

1 information for purposes other than transmission.

2 "Telecommunications" shall not include purchases of

3 telecommunications by a telecommunications service provider

4 for use as a component part of the service provided by him to

5 the ultimate retail consumer who originates or terminates the

6 taxable end-to-end communications. Carrier access charges,

7 right of access charges, charges for use of inter-company

8 facilities, and all telecommunications resold in the

9 subsequent provision of, used as a component of, or integrated

10 into end-to-end telecommunications service shall be

11 non-taxable as sales for resale.

12  (d) "Interstate telecommunications" means all

13 telecommunications that either originate or terminate outside

14 this State.

15  (e) "Intrastate telecommunications" means all

16 telecommunications that originate and terminate within this

17 State.

18  (f) "Department" means the Department of Revenue of the

19 State of Illinois.

20  (g) "Director" means the Director of Revenue for the

21 Department of Revenue of the State of Illinois.

22  (h) "Taxpayer" means a person who individually or through

23 his agents, employees, or permittees engages in the act or

24 privilege of originating or receiving telecommunications in

25 this State and who incurs a tax liability under this Article.

26  (i) "Person" means any natural individual, firm, trust,
    SB2394 Enrolled  - 954 - LRB104 09208 AMC 19265 b

1 estate, partnership, association, joint stock company, joint

2 venture, corporation, limited liability company, or a

3 receiver, trustee, guardian or other representative appointed

4 by order of any court, the federal Federal and State

5 governments, including State universities created by statute

6 or any city, town, county, or other political subdivision of

7 this State.

8   (j) "Purchase at retail" means the acquisition,

9 consumption, or use of telecommunication through a sale at

10 retail.

11  (k) "Sale at retail" means the transmitting, supplying, or

12 furnishing of telecommunications and all services and

13 equipment provided in connection therewith for a consideration

14 to persons other than the federal Federal and State

15 governments, and State universities created by statute and

16 other than between a parent corporation and its wholly owned

17 subsidiaries or between wholly owned subsidiaries for their

18 use or consumption and not for resale.

19  (l) "Retailer" means and includes every person engaged in

20 the business of making sales at retail as defined in this

21 Article. The Department may, in its discretion, upon

22 application, authorize the collection of the tax hereby

23 imposed by any retailer not maintaining a place of business

24 within this State, who, to the satisfaction of the Department,

25 furnishes adequate security to insure collection and payment

26 of the tax. Such retailer shall be issued, without charge, a
    SB2394 Enrolled  - 955 - LRB104 09208 AMC 19265 b

1 permit to collect such tax. When so authorized, it shall be the

2 duty of such retailer to collect the tax upon all of the gross

3 charges for telecommunications in this State in the same

4 manner and subject to the same requirements as a retailer

5 maintaining a place of business within this State. The permit

6 may be revoked by the Department at its discretion.

7   (m) "Retailer maintaining a place of business in this

8 State", or any like term, means and includes any retailer

9 having or maintaining within this State, directly or by a

10 subsidiary, an office, distribution facilities, transmission

11 facilities, sales office, warehouse or other place of

12 business, or any agent or other representative operating

13 within this State under the authority of the retailer or its

14 subsidiary, irrespective of whether such place of business or

15 agent or other representative is located here permanently or

16 temporarily, or whether such retailer or subsidiary is

17 licensed to do business in this State.

18  (n) "Service address" means the location of

19 telecommunications equipment from which the telecommunications

20 services are originated or at which telecommunications

21 services are received by a taxpayer. In the event this may not

22 be a defined location, as in the case of mobile phones, paging

23 systems, maritime systems, "service address" means the

24 customer's place of primary use as defined in the Mobile

25 Telecommunications Sourcing Conformity Act. For air-to-ground

26 systems and the like, "service address" shall mean the
   SB2394 Enrolled  - 956 - LRB104 09208 AMC 19265 b

1 location of a taxpayer's primary use of the telecommunications

2 equipment as defined by telephone number, authorization code,

3 or location in Illinois where bills are sent.

4  (o) "Prepaid telephone calling arrangements" mean the

5 right to exclusively purchase telephone or telecommunications

6 services that must be paid for in advance and enable the

7 origination of one or more intrastate, interstate, or

8 international telephone calls or other telecommunications

9 using an access number, an authorization code, or both,

10 whether manually or electronically dialed, for which payment

11 to a retailer must be made in advance, provided that, unless

12 recharged, no further service is provided once that prepaid

13 amount of service has been consumed. Prepaid telephone calling

14 arrangements include the recharge of a prepaid calling

15 arrangement. For purposes of this subsection, "recharge" means

16 the purchase of additional prepaid telephone or

17 telecommunications services whether or not the purchaser

18 acquires a different access number or authorization code.

19 "Prepaid telephone calling arrangement" does not include an

20 arrangement whereby a customer purchases a payment card and

21 pursuant to which the service provider reflects the amount of

22 such purchase as a credit on an invoice issued to that customer

23 under an existing subscription plan.

24 (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;

25 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised

26 10-21-24.)
   SB2394 Enrolled   - 957 - LRB104 09208 AMC 19265 b

1  Section 330. The Telecommunications Infrastructure

2 Maintenance Fee Act is amended by changing Section 10 as

3 follows:

4  (35 ILCS 635/10)

5  Sec. 10. Definitions. In this Act:

6  (a) "Gross charges" means the amount paid to a

7 telecommunications retailer for the act or privilege of

8 originating or receiving telecommunications in this State and

9 for all services rendered in connection therewith, valued in

10 money whether paid in money or otherwise, including cash,

11 credits, services, and property of every kind or nature, and

12 shall be determined without any deduction on account of the

13 cost of such telecommunications, the cost of the materials

14 used, labor or service costs, or any other expense whatsoever.

15 In case credit is extended, the amount thereof shall be

16 included only as and when paid. "Gross charges" for private

17 line service shall include charges imposed at each channel

18 termination point within this State, charges for the channel

19 mileage between each channel termination point within this

20 State, and charges for that portion of the interstate

21 inter-office channel provided within Illinois. Charges for

22 that portion of the interstate inter-office channel provided

23 in Illinois shall be determined by the retailer as follows:

24 (i) for interstate inter-office channels having 2 channel
    SB2394 Enrolled  - 958 - LRB104 09208 AMC 19265 b

1 termination points, only one of which is in Illinois, 50% of

2 the total charge imposed; or (ii) for interstate inter-office

3 channels having more than 2 channel termination points, one or

4 more of which are in Illinois, an amount equal to the total

5 charge multiplied by a fraction, the numerator of which is the

6 number of channel termination points within Illinois and the

7 denominator of which is the total number of channel

8 termination points. Prior to January 1, 2004, any method

9 consistent with this paragraph or other method that reasonably

10 apportions the total charges for interstate inter-office

11 channels among the states in which channel terminations points

12 are located shall be accepted as a reasonable method to

13 determine the charges for that portion of the interstate

14 inter-office channel provided within Illinois for that period.

15 However, "gross charges" shall not include any of the

16 following:

17  (1) Any amounts added to a purchaser's bill because of

18  a charge made under: (i) the fee imposed by this Section,

19  (ii) additional charges added to a purchaser's bill under

20  Section 9-221 or 9-222 of the Public Utilities Act, (iii)

21  the tax imposed by the Telecommunications Excise Tax Act,

22  (iv) 911 surcharges, (v) the tax imposed by Section 4251

23  of the Internal Revenue Code, or (vi) the tax imposed by

24  the Simplified Municipal Telecommunications Tax Act.

25  (2) Charges for a sent collect telecommunication

26  received outside of this State.
    SB2394 Enrolled  - 959 - LRB104 09208 AMC 19265 b

1   (3) Charges for leased time on equipment or charges

2   for the storage of data or information or subsequent

3   retrieval or the processing of data or information

4   intended to change its form or content. Such equipment

5   includes, but is not limited to, the use of calculators,

6   computers, data processing equipment, tabulating

7   equipment, or accounting equipment and also includes the

8   usage of computers under a time-sharing agreement.

9   (4) Charges for customer equipment, including such

10  equipment that is leased or rented by the customer from

11  any source, wherein such charges are disaggregated and

12  separately identified from other charges.

13  (5) Charges to business enterprises certified under

14  Section 9-222.1 of the Public Utilities Act to the extent

15  of such exemption and during the period of time specified

16  by the Department of Commerce and Economic Opportunity.

17  (5.1) Charges to business enterprises certified under

18  Section 95 of the Reimagining Energy and Vehicles in

19  Illinois Act, to the extent of the exemption and during

20  the period of time specified by the Department of Commerce

21  and Economic Opportunity.

22  (5.2) Charges to business enterprises certified under

23  Section 110-95 of the Manufacturing Illinois Chips for

24  Real Opportunity (MICRO) Act, to the extent of the

25  exemption and during the period of time specified by the

26  Department of Commerce and Economic Opportunity.
    SB2394 Enrolled        - 960 - LRB104 09208 AMC 19265 b

1   (5.3) Charges to entities certified under Section

2   605-1115 of the Department of Commerce and Economic

3   Opportunity Law of the Civil Administrative Code of

4   Illinois to the extent of the exemption and during the

5   period of time specified by the Department of Commerce and

6   Economic Opportunity.

7   (6) Charges for telecommunications and all services

8   and equipment provided in connection therewith between a

9   parent corporation and its wholly owned subsidiaries or

10  between wholly owned subsidiaries, and only to the extent

11  that the charges between the parent corporation and wholly

12  owned subsidiaries or between wholly owned subsidiaries

13  represent expense allocation between the corporations and

14  not the generation of profit other than a regulatory

15  required profit for the corporation rendering such

16  services.

17  (7) Bad debts ("bad debt" means any portion of a debt

18  that is related to a sale at retail for which gross charges

19  are not otherwise deductible or excludable that has become

20  worthless or uncollectible, as determined under applicable

21  federal income tax standards; if the portion of the debt

22  deemed to be bad is subsequently paid, the retailer shall

23  report and pay the tax on that portion during the

24  reporting period in which the payment is made).

25  (8) Charges paid by inserting coins in coin-operated

26  telecommunication devices.
    SB2394 Enrolled      - 961 - LRB104 09208 AMC 19265 b

1   (9) Charges for nontaxable services or

2   telecommunications if (i) those charges are aggregated

3   with other charges for telecommunications that are

4   taxable, (ii) those charges are not separately stated on

5   the customer bill or invoice, and (iii) the retailer can

6   reasonably identify the nontaxable charges on the

7   retailer's books and records kept in the regular course of

8   business. If the nontaxable charges cannot reasonably be

9   identified, the gross charge from the sale of both taxable

10  and nontaxable services or telecommunications billed on a

11  combined basis shall be attributed to the taxable services

12  or telecommunications. The burden of proving nontaxable

13  charges shall be on the retailer of the

14  telecommunications.

15  (a-5) "Department" means the Illinois Department of

16 Revenue.

17  (b) "Telecommunications" includes, but is not limited to,

18 messages or information transmitted through use of local,

19 toll, and wide area telephone service, channel services,

20 telegraph services, teletypewriter service, computer exchange

21 services, private line services, specialized mobile radio

22 services, or any other transmission of messages or information

23 by electronic or similar means, between or among points by

24 wire, cable, fiber optics, laser, microwave, radio, satellite,

25 or similar facilities. Unless the context clearly requires

26 otherwise, "telecommunications" shall also include wireless
SB2394 Enrolled       - 962 - LRB104 09208 AMC 19265 b

1 telecommunications  as  hereinafter                  defined.

2 "Telecommunications" shall not include value added services in

3 which computer processing applications are used to act on the

4 form, content, code, and protocol of the information for

5 purposes other than transmission. "Telecommunications" shall

6 not include purchase of telecommunications by a

7 telecommunications service provider for use as a component

8 part of the service provided by him or her to the ultimate

9 retail consumer who originates or terminates the end-to-end

10 communications. Retailer access charges, right of access

11 charges, charges for use of intercompany facilities, and all

12 telecommunications resold in the subsequent provision and used

13 as a component of, or integrated into, end-to-end

14 telecommunications service shall not be included in gross

15 charges as sales for resale. "Telecommunications" shall not

16 include the provision of cable services through a cable system

17 as defined in the Cable Communications Act of 1984 (47 U.S.C.

18 Sections 521 and following) as now or hereafter amended or

19 through an open video system as defined in the Rules of the

20 Federal Communications Commission (47 C.D.F. 76.1550 and

21 following) as now or hereafter amended. Beginning January 1,

22 2001, prepaid telephone calling arrangements shall not be

23 considered "telecommunications" subject to the tax imposed

24 under this Act. For purposes of this Section, "prepaid

25 telephone calling arrangements" means that term as defined in

26 Section 2-27 of the Retailers' Occupation Tax Act.
    SB2394 Enrolled             - 963 - LRB104 09208 AMC 19265 b

1   (c) "Wireless telecommunications" includes cellular mobile

2 telephone services, personal wireless services as defined in

3 Section 704(C) of the Telecommunications Act of 1996 (Public

4 Law No. 104-104) as now or hereafter amended, including all

5 commercial mobile radio services, and paging services.

6   (d) "Telecommunications retailer" or "retailer" or

7 "carrier" means and includes every person engaged in the

8 business of making sales of telecommunications at retail as

9 defined in this Section. The Department may, in its

10 discretion, upon applications, authorize the collection of the

11 fee hereby imposed by any retailer not maintaining a place of

12 business within this State, who, to the satisfaction of the

13 Department, furnishes adequate security to insure collection

14 and payment of the fee. When so authorized, it shall be the

15 duty of such retailer to pay the fee upon all of the gross

16 charges for telecommunications in the same manner and subject

17 to the same requirements as a retailer maintaining a place of

18 business within this State.

19  (e) "Retailer maintaining a place of business in this

20 State", or any like term, means and includes any retailer

21 having or maintaining within this State, directly or by a

22 subsidiary, an office, distribution facilities, transmission

23 facilities, sales office, warehouse, or other place of

24 business, or any agent or other representative operating

25 within this State under the authority of the retailer or its

26 subsidiary, irrespective of whether such place of business or
    SB2394 Enrolled    - 964 - LRB104 09208 AMC 19265 b

1 agent or other representative is located here permanently or

2 temporarily, or whether such retailer or subsidiary is

3 licensed to do business in this State.

4   (f) "Sale of telecommunications at retail" means the

5 transmitting, supplying, or furnishing of telecommunications

6 and all services rendered in connection therewith for a

7 consideration, other than between a parent corporation and its

8 wholly owned subsidiaries or between wholly owned

9 subsidiaries, when the gross charge made by one such

10 corporation to another such corporation is not greater than

11 the gross charge paid to the retailer for their use or

12 consumption and not for sale.

13  (g) "Service address" means the location of

14 telecommunications equipment from which telecommunications

15 services are originated or at which telecommunications

16 services are received. If this is not a defined location, as in

17 the case of wireless telecommunications, paging systems,

18 maritime systems, "service address" means the customer's place

19 of primary use as defined in the Mobile Telecommunications

20 Sourcing Conformity Act. For air-to-ground systems, and the

21 like, "service address" shall mean the location of the

22 customer's primary use of the telecommunications equipment as

23 defined by the location in Illinois where bills are sent.

24 (Source: P.A. 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24;

25 revised 10-21-24.)
    SB2394 Enrolled             - 965 - LRB104 09208 AMC 19265 b

1   Section 335. The Illinois Pension Code is amended by

2 changing Sections 9-169.2, 13-309, 13-310, and 15-112 as

3 follows:

4   (40 ILCS 5/9-169.2)

5   Sec. 9-169.2. Minimum required employer contribution. The

6 minimum required employer contribution for a specified year,

7 as set forth in the annual actuarial report required under

8 Section 9-169.1, shall be the amount determined by the Fund's

9 actuary to be equal to the sum of: (i) the projected normal

10 cost for pensions for that fiscal year based on the entry age

11 actuarial cost method, plus (ii) a projected unfunded

12 actuarial accrued liability amortization payment for pensions

13 for the fiscal year, plus (iii) projected expenses for that

14 fiscal year, plus (iv) interest to adjust for payment pattern

15 during the fiscal year, less (v) projected employee

16 contributions for that fiscal year.

17  The minimum required employer contribution for the next

18 year shall be submitted annually by the county on or before

19 June 14 of each year unless another time frame is agreed upon

20 by the county and the Fund.

21  For the purposes of this Section:

22  "5-Year smoothed actuarial value of assets" means the

23 value of assets as determined by a method that spreads the

24 effect of each year's investment return in excess of or below

25 the expected return.
    SB2394 Enrolled  - 966 - LRB104 09208 AMC 19265 b

1   "Entry age actuarial cost method" means a method of

2 determining the normal cost and is determined as a level

3 percentage of pay that, if paid from entry age to the assumed

4 retirement age, assuming all the actuarial assumptions are

5 exactly met by experience and no changes in assumptions or

6 benefit provisions, would accumulate to a fund sufficient to

7 pay all benefits provided by the Fund.

8   "Layered amortization" means a technique that separately

9 layers the different components of the unfunded actuarial

10 accrued liabilities to be amortized over a fixed period not to

11 exceed 30 years.

12  "Projected expenses" means the projected administrative

13 expenses for the cost of administering administrating the

14 Fund.

15  "Projected normal costs for pensions" means the cost of

16 the benefits that accrue during the year for active members

17 under the entry age actuarial cost method.

18  "Unfunded actuarial accrued liability amortization

19 payment" means the annual contribution equal to the difference

20 between the values of assets and the accrued liabilities of

21 the plan, calculated by an actuary, needed to amortize the

22 Fund's liabilities over a period of 30 years starting in 2017,

23 with layered amortization of the Fund's unexpected unfunded

24 actuarial accrued liability amortization payment following

25 2017 in periods of 30 years, with amortization payments

26 increasing 2% per year, and reflecting a discount rate for all
   SB2394 Enrolled  - 967 - LRB104 09208 AMC 19265 b

1 liabilities consistent with the assumed investment rate of
2 return on fund assets and a 5-year smoothed actuarial value of
3 assets.
4 (Source: P.A. 103-529, eff. 8-11-23; revised 7-17-24.)

5  (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)

6  Sec. 13-309. Duty disability benefit.

7  (a) Any employee who becomes disabled, which disability is

8 the result of an injury or illness compensable under the

9 Illinois Workers' Compensation Act or the Illinois Workers'

10 Occupational Diseases Act, is entitled to a duty disability

11 benefit during the period of disability for which the employee

12 does not receive any part of salary, or any part of a

13 retirement annuity under this Article; except that in the case

14 of an employee who first enters service on or after June 13,

15 1997 and becomes disabled before August 18, 2005 (the

16 effective date of Public Act 94-621), a duty disability

17 benefit is not payable for the first 3 days of disability that

18 would otherwise be payable under this Section if the

19 disability does not continue for at least 11 additional days.

20 The changes made to this Section by Public Act 94-621 are

21 prospective only and do not entitle an employee to a duty

22 disability benefit for the first 3 days of any disability that

23 occurred before that effective date and did not continue for

24 at least 11 additional days. This benefit shall be 75% of

25 salary at the date disability begins. However, if the
    SB2394 Enrolled  - 968 - LRB104 09208 AMC 19265 b

1 disability in any measure resulted from any physical defect or

2 disease which existed at the time such injury was sustained or

3 such illness commenced, the duty disability benefit shall be

4 50% of salary.

5   Unless the employer acknowledges that the disability is a

6 result of injury or illness compensable under the Workers'

7 Compensation Act or the Workers' Occupational Diseases Act,

8 the duty disability benefit shall not be payable until the

9 issue of compensability under those Acts is finally

10 adjudicated. The period of disability shall be as determined

11 by the Illinois Workers' Compensation Commission or

12 acknowledged by the employer.

13  An employee in service before June 13, 1997 shall also

14 receive a child's disability benefit during the period of

15 disability of $10 per month for each unmarried natural or

16 adopted child of the employee under 18 years of age.

17  The first payment shall be made not later than one month

18 after the benefit is granted, and subsequent payments shall be

19 made at least monthly. The Board shall by rule prescribe for

20 the payment of such benefits on the basis of the amount of

21 salary lost during the period of disability.

22  (b) The benefit shall be allowed only if all of the

23 following requirements are met by the employee:

24  (1) Application is made to the Board.

25  (2) A medical report is submitted by at least one

26  licensed health care professional as part of the
    SB2394 Enrolled          - 969 - LRB104 09208 AMC 19265 b

1   employee's application.

2   (3) The employee is examined by at least one licensed

3   health care professional appointed by the Board and found

4   to be in a disabled physical condition and shall be

5   re-examined at least annually thereafter during the

6   continuance of disability. The employee need not be

7   examined by a licensed health care professional appointed

8   by the Board if the attorney for the district certifies in

9   writing that the employee is entitled to receive

10  compensation under the Workers' Compensation Act or the

11  Workers' Occupational Diseases Act. The Board may require

12  other evidence of disability.

13  (c) The benefit shall terminate when:

14  (1) The employee returns to work or receives a

15  retirement annuity paid wholly or in part under this

16  Article;

17  (2) The disability ceases;

18  (3) The employee attains age 65, but if the employee

19  becomes disabled at age 60 or later, benefits may be

20  extended for a period of no more than 5 years after

21  disablement;

22  (4) The employee (i) refuses to submit to reasonable

23  examinations by licensed health care professionals

24  appointed by the Board, (ii) fails or refuses to consent

25  to and sign an authorization allowing the Board to receive

26  copies of or to examine the employee's medical and
    SB2394 Enrolled  - 970 - LRB104 09208 AMC 19265 b

1   hospital records, or (iii) fails or refuses to provide

2   complete information regarding any other employment for

3   compensation he or she has received since becoming

4   disabled; or

5   (5) The employee willfully and continuously refuses to

6   follow medical advice and treatment to enable the employee

7   to return to work. However, this provision does not apply

8   to an employee who relies in good faith on treatment by

9   prayer through spiritual means alone in accordance with

10  the tenets and practice of a recognized church or

11  religious denomination, by a duly accredited practitioner

12  thereof.

13  In the case of a duty disability recipient who returns to

14 work, the employee must make application to the Retirement

15 Board within 2 years from the date the employee last received

16 duty disability benefits in order to become again entitled to

17 duty disability benefits based on the injury for which a duty

18 disability benefit was theretofore paid.

19 (Source: P.A. 103-523, eff. 1-1-24; revised 7-17-24.)

20  (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)

21  Sec. 13-310. Ordinary disability benefit.

22  (a) Any employee who becomes disabled as the result of any

23 cause other than injury or illness incurred in the performance

24 of duty for the employer or any other employer, or while

25 engaged in self-employment activities, shall be entitled to an
    SB2394 Enrolled   - 971 - LRB104 09208 AMC 19265 b

1 ordinary disability benefit. The eligible period for this

2 benefit shall be 25% of the employee's total actual service

3 prior to the date of disability with a cumulative maximum

4 period of 5 years.

5   (b) The benefit shall be allowed only if the employee

6 files an application in writing with the Board, and a medical

7 report is submitted by at least one licensed health care

8 professional as part of the employee's application.

9   The benefit is not payable for any disability which begins

10 during any period of unpaid leave of absence. No benefit shall

11 be allowed for any period of disability prior to 30 days before

12 application is made, unless the Board finds good cause for the

13 delay in filing the application. The benefit shall not be paid

14 during any period for which the employee receives or is

15 entitled to receive any part of salary.

16  The benefit is not payable for any disability which begins

17 during any period of absence from duty other than allowable

18 vacation time in any calendar year. An employee whose

19 disability begins during any such ineligible period of absence

20 from service may not receive benefits until the employee

21 recovers from the disability and is in service for at least 15

22 consecutive working days after such recovery.

23  In the case of an employee who first enters service on or

24 after June 13, 1997, an ordinary disability benefit is not

25 payable for the first 3 days of disability that would

26 otherwise be payable under this Section if the disability does
    SB2394 Enrolled          - 972 - LRB104 09208 AMC 19265 b

1 not continue for at least 11 additional days.

2   Beginning on August 18, 2005 (the effective date of Public

3 Act 94-621) this amendatory Act of the 94th General Assembly,

4 an employee who first entered service on or after June 13, 1997

5 is also eligible for ordinary disability benefits on the 31st

6 day after the last day worked, provided all sick leave is

7 exhausted.

8   (c) The benefit shall be 50% of the employee's salary at

9 the date of disability, and shall terminate when the earliest

10 of the following occurs:

11  (1) The employee returns to work or receives a

12  retirement annuity paid wholly or in part under this

13  Article;

14  (2) The disability ceases;

15  (3) The employee willfully and continuously refuses to

16  follow medical advice and treatment to enable the employee

17  to return to work. However, this provision does not apply

18  to an employee who relies in good faith on treatment by

19  prayer through spiritual means alone in accordance with

20  the tenets and practice of a recognized church or

21  religious denomination, by a duly accredited practitioner

22  thereof;

23  (4) The employee (i) refuses to submit to a reasonable

24  physical examination within 30 days of application by a

25  licensed health care professional appointed by the Board,

26  (ii) in the case of chronic alcoholism, the employee
    SB2394 Enrolled      - 973 - LRB104 09208 AMC 19265 b

1   refuses to join a rehabilitation program licensed by the

2   Department of Public Health of the State of Illinois and

3   certified by the Joint Commission on the Accreditation of

4   Hospitals, (iii) fails or refuses to consent to and sign

5   an authorization allowing the Board to receive copies of

6   or to examine the employee's medical and hospital records,

7   or (iv) fails or refuses to provide complete information

8   regarding any other employment for compensation he or she

9   has received since becoming disabled; or

10  (5) The eligibility eligible period for this benefit

11  has been exhausted.

12  The first payment of the benefit shall be made not later

13 than one month after the same has been granted, and subsequent

14 payments shall be made at least monthly.

15 (Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24;

16 revised 7-17-24.)

17  (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)

18  Sec. 15-112. Final rate of earnings. "Final rate of

19 earnings":

20  (a) This subsection (a) applies only to a Tier 1 member.

21  For an employee who is paid on an hourly basis or who

22 receives an annual salary in installments during 12 months of

23 each academic year, the average annual earnings during the 48

24 consecutive calendar month period ending with the last day of

25 final termination of employment or the 4 consecutive academic
    SB2394 Enrolled  - 974 - LRB104 09208 AMC 19265 b

1 years of service in which the employee's earnings were the

2 highest, whichever is greater. For any other employee, the

3 average annual earnings during the 4 consecutive academic

4 years of service in which his or her earnings were the highest.

5 For an employee with less than 48 months or 4 consecutive

6 academic years of service, the average earnings during his or

7 her entire period of service. The earnings of an employee with

8 more than 36 months of service under item (a) of Section

9 15-113.1 prior to the date of becoming a participant are, for

10 such period, considered equal to the average earnings during

11 the last 36 months of such service.

12  (b) This subsection (b) applies to a Tier 2 member.

13  For an employee who is paid on an hourly basis or who

14 receives an annual salary in installments during 12 months of

15 each academic year, the average annual earnings obtained by

16 dividing by 8 the total earnings of the employee during the 96

17 consecutive months in which the total earnings were the

18 highest within the last 120 months prior to termination.

19  For any other employee, the average annual earnings during

20 the 8 consecutive academic years within the 10 years prior to

21 termination in which the employee's earnings were the highest.

22 For an employee with less than 96 consecutive months or 8

23 consecutive academic years of service, whichever is necessary,

24 the average earnings during his or her entire period of

25 service.

26  (c) For an employee on leave of absence with pay, or on
    SB2394 Enrolled      - 975 - LRB104 09208 AMC 19265 b

1 leave of absence without pay who makes contributions during

2 such leave, earnings are assumed to be equal to the basic

3 compensation on the date the leave began.

4   (d) For an employee on disability leave, earnings are

5 assumed to be equal to the basic compensation on the date

6 disability occurs or the average earnings during the 24 months

7 immediately preceding the month in which disability occurs,

8 whichever is greater.

9   (e) For a Tier 1 member who retires on or after August 22,

10 1997 (the effective date of Public Act 90-511) this amendatory

11 Act of 1997 with at least 20 years of service as a firefighter

12 or police officer under this Article, the final rate of

13 earnings shall be the annual rate of earnings received by the

14 participant on his or her last day as a firefighter or police

15 officer under this Article, if that is greater than the final

16 rate of earnings as calculated under the other provisions of

17 this Section.

18  (f) If a Tier 1 member is an employee for at least 6 months

19 during the academic year in which his or her employment is

20 terminated, the annual final rate of earnings shall be 25% of

21 the sum of (1) the annual basic compensation for that year, and

22 (2) the amount earned during the 36 months immediately

23 preceding that year, if this is greater than the final rate of

24 earnings as calculated under the other provisions of this

25 Section.

26  (g) In the determination of the final rate of earnings for
    SB2394 Enrolled  - 976 - LRB104 09208 AMC 19265 b

1 an employee, that part of an employee's earnings for any

2 academic year beginning after June 30, 1997, which exceeds the

3 employee's earnings with that employer for the preceding year

4 by more than 20% 20 percent shall be excluded; in the event

5 that an employee has more than one employer this limitation

6 shall be calculated separately for the earnings with each

7 employer. In making such calculation, only the basic

8 compensation of employees shall be considered, without regard

9 to vacation or overtime or to contracts for summer employment.

10 Beginning September 1, 2024, this subsection (g) also applies

11 to an employee who has been employed at 1/2 time or less for 3

12 or more years.

13  (h) The following are not considered as earnings in

14 determining the final rate of earnings: (1) severance or

15 separation pay, (2) retirement pay, (3) payment for unused

16 sick leave, and (4) payments from an employer for the period

17 used in determining the final rate of earnings for any purpose

18 other than (i) services rendered, (ii) leave of absence or

19 vacation granted during that period, and (iii) vacation of up

20 to 56 work days allowed upon termination of employment; except

21 that, if the benefit has been collectively bargained between

22 the employer and the recognized collective bargaining agent

23 pursuant to the Illinois Educational Labor Relations Act,

24 payment received during a period of up to 2 academic years for

25 unused sick leave may be considered as earnings in accordance

26 with the applicable collective bargaining agreement, subject
    SB2394 Enrolled  - 977 - LRB104 09208 AMC 19265 b

1 to the 20% increase limitation of this Section. Any unused

2 sick leave considered as earnings under this Section shall not

3 be taken into account in calculating service credit under

4 Section 15-113.4.

5   (i) Intermittent periods of service shall be considered as

6 consecutive in determining the final rate of earnings.

7 (Source: P.A. 103-548, eff. 8-11-23; revised 7-18-24.)

8   Section 340. The Revenue Anticipation Act is amended by

9 changing Section 3 as follows:

10  (50 ILCS 425/3) (from Ch. 85, par. 831-3)

11  Sec. 3. Notes issued under this Act shall be due not more

12 than 12 months from the date of issue and shall be payable in

13 accordance with the resolution adopted by the governing body

14 providing for the issuance of the notes or warrants. Notes

15 issued under this Act shall bear interest at not more than the

16 maximum interest rate allowed by the Bond Authorization Act

17 "An Act to authorize public corporations to issue bonds, other

18 evidences of indebtedness and tax anticipation warrants

19 subject to interest rate limitations set forth therein",

20 approved May 26, 1970, as amended, payable annually or

21 semi-annually or at the time of payment of principal. The

22 interest to the due date of the note may be represented by

23 appropriate coupons and be executed by the facsimile signature

24 of the appropriate treasurer. No notes shall be issued under
    SB2394 Enrolled  - 978 - LRB104 09208 AMC 19265 b

1 this Act after the revenue to be anticipated is delinquent. No

2 notes shall be issued or sold, unless such issuance and sale is

3 authorized by a vote of at least two-thirds 2/3 of the members

4 elected to the governing body. The notes shall be sold to the

5 highest responsible bidder after due advertisement and public

6 opening of bids. The governing body may authorize notes to be

7 issued and sold from time to time and in such amounts as the

8 appropriate treasurer deems necessary to provide funds to pay

9 obligations due or to accrue within the then fiscal year.

10  Notes issued under this Act shall be received by any

11 collector of revenues against which they are issued at par

12 plus accrued interest, and, when so received, shall be

13 cancelled with the same effect as though paid pursuant to this

14 Act.

15  Such notes shall be signed by the presiding officer of the

16 governing body and countersigned by the treasurer. Such notes

17 shall be payable to bearer provided that the notes may be

18 registered as to principal in the name of the holder on the

19 books of the treasurer and evidence of such registration shall

20 be endorsed upon the back of notes so registered. After such

21 registration, no transfer shall be made except upon such books

22 and similarly noted on the note unless the last registration

23 was to bearer. Such notes may be re-registered from time to

24 time in the name of the designated holder but such

25 registration shall not affect the negotiability of the coupons

26 attached.
   SB2394 Enrolled  - 979 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 83-1521; revised 7-24-24.)

2  Section 345. The Warrants and Jurors Certificates Act is

3 amended by changing Section 3 as follows:

4  (50 ILCS 430/3) (from Ch. 146 1/2, par. 3)

5  Sec. 3. Each warrant issued under this Act may be made

6 payable at the time fixed in the warrant and shall bear

7 interest, payable only out of the taxes against which it is

8 drawn, at a rate of interest specified in the warrant but not

9 exceeding 7% if issued prior to January 1, 1972, and at the

10 rate of not more than 8% if issued after January 1, 1972 and

11 before November 12, 1981, and at a rate not to exceed the rate

12 permitted in the Bond Authorization Act "An Act to authorize

13 public corporations to issue bonds, other evidences of

14 indebtedness and tax anticipation warrants subject to interest

15 rate limitations set forth therein", approved May 26, 1970, as

16 now or hereafter amended if issued on or after November 12,

17 1981, annually from the date of issuance until paid, or until

18 notice is given by publication in a newspaper or otherwise,

19 that the money for its payment is available, and that it will

20 be paid on presentation. All jurors' certificates shall be

21 issued in conformity with this Act. This Act does not apply to

22 school districts, cities, villages, or incorporated towns. For

23 the purposes of this Section, "prime commercial rate" means

24 such prime rate as from time to time is publicly announced by
    SB2394 Enrolled      - 980 - LRB104 09208 AMC 19265 b

1 the largest commercial banking institution located in this
2 State, as measured by total assets.
3 (Source: P.A. 82-902; revised 7-24-24.)

4   Section 350. The Medical Service Facility Act is amended

5 by changing Section 5 as follows:

6   (50 ILCS 450/5) (from Ch. 85, par. 925)

7   Sec. 5. The resolution authorizing the issuance of such

8 bonds shall specify the total amount of bonds to be issued, the

9 form and denomination of the bonds, the date they are to bear,

10 the place where they are payable, the date or dates of

11 maturity, which shall not be more than 20 years after the date

12 the bonds bear, the rate of interest, which shall not exceed

13 the rate permitted in the Bond Authorization Act, "An Act to

14 authorize public corporations to issue bonds, other evidences

15 of indebtedness and tax anticipation warrants subject to

16 interest rate limitations set forth therein", approved May 26,

17 1970, as now or hereafter amended and the dates on which

18 interest is payable.

19  The tax authorized to be levied and collected under this

20 Act shall be extended annually against all the taxable

21 property within the county or municipality, as the case may

22 be, at such a rate that the proceeds of the tax, when combined

23 with the rental income derived from the medical service

24 facility, will be sufficient to pay the principal of the bonds
   SB2394 Enrolled    - 981 - LRB104 09208 AMC 19265 b

1 at maturity and to pay the interest thereon as it falls due.
2 (Source: P.A. 82-902; revised 7-29-24.)

3  Section 355. The Illinois Police Training Act is amended

4 by changing Section 8.2 and by setting forth, renumbering, and

5 changing multiple versions of Section 10.25 as follows:

6  (50 ILCS 705/8.2)

7  Sec. 8.2. Part-time law enforcement officers.

8  (a) A person hired to serve as a part-time law enforcement

9 officer must obtain from the Board a certificate (i) attesting

10 to the officer's successful completion of the part-time police

11 training course; (ii) attesting to the officer's satisfactory

12 completion of a training program of similar content and number

13 of hours that has been found acceptable by the Board under the

14 provisions of this Act; or (iii) a training waiver attesting

15 to the Board's determination that the part-time police

16 training course is unnecessary because of the person's prior

17 law enforcement experience obtained in Illinois, in any other

18 state, or with an agency of the federal government. A person

19 hired on or after March 14, 2002 (the effective date of Public

20 Act 92-533) this amendatory Act of the 92nd General Assembly

21 must obtain this certificate within 18 months after the

22 initial date of hire as a probationary part-time law

23 enforcement officer in the State of Illinois. The probationary

24 part-time law enforcement officer must be enrolled and
SB2394 Enrolled  - 982 - LRB104 09208 AMC 19265 b

 1 accepted into a Board-approved course within 6 months after
 2 active employment by any department in the State. A person
 3 hired on or after January 1, 1996 and before March 14, 2002
 4 (the effective date of Public Act 92-533) this amendatory Act
 5 of the 92nd General Assembly must obtain this certificate
 6 within 18 months after the date of hire. A person hired before
 7 January 1, 1996 must obtain this certificate within 24 months
 8 after January 1, 1996 (the effective date of Public Act
 9 89-170) this amendatory Act of 1995. Agencies seeking a
10 reciprocity waiver for training completed outside of Illinois
11 must conduct a thorough background check and provide
12 verification of the officer's prior training. After review and
13 satisfaction of all requested conditions, the officer shall be
14 awarded an equivalency certificate satisfying the requirements
15 of this Section. Within 60 days after January 1, 2024 (the
16 effective date of Public Act 103-389) this amendatory Act of
17 the 103rd General Assembly, the Board shall adopt uniform
18 rules providing for a waiver process for a person previously
19 employed and qualified as a law enforcement or county
20 corrections officer under federal law or the laws of any other
21 state, or who has completed a basic law enforcement officer or
22 correctional officer academy who would be qualified to be
23 employed as a law enforcement officer or correctional officer
24 by the federal government or any other state. These rules
25 shall address the process for evaluating prior training
26 credit, a description and list of the courses typically
    SB2394 Enrolled         - 983 - LRB104 09208 AMC 19265 b

1 required for reciprocity candidates to complete prior to

2 taking the exam, and a procedure for employers seeking a

3 pre-activation determination for a reciprocity training

4 waiver. The rules shall provide that any eligible person

5 previously trained as a law enforcement or county corrections

6 officer under federal law or the laws of any other state shall

7 successfully complete the following prior to the approval of a

8 waiver:

9          (1) a training program or set of coursework approved

10  by the Board on the laws of this State relevant to the

11  duties and training requirements of law enforcement and

12  county correctional officers;

13         (2) firearms training; and

14         (3) successful passage of the equivalency

15  certification examination.

16  The employing agency may seek an extension waiver from the

17 Board extending the period for compliance. An extension waiver

18 shall be issued only for good and justifiable reasons, and the

19 probationary part-time law enforcement officer may not

20 practice as a part-time law enforcement officer during the

21 extension waiver period. If training is required and not

22 completed within the applicable time period, as extended by

23 any waiver that may be granted, then the officer must forfeit

24 the officer's position.

25  An individual who is not certified by the Board or whose

26 certified status is inactive shall not function as a law
    SB2394 Enrolled  - 984 - LRB104 09208 AMC 19265 b

1 enforcement officer, be assigned the duties of a law

2 enforcement officer by an agency, or be authorized to carry

3 firearms under the authority of the employer, except that

4 sheriffs who are elected are exempt from the requirement of

5 certified status. Failure to be in accordance with this Act

6 shall cause the officer to forfeit the officer's position.

7   (a-5) A part-time probationary law enforcement officer

8 shall be allowed to complete 6 six months of a part-time police

9 training course and function as a law enforcement officer as

10 permitted by this subsection with a waiver from the Board,

11 provided the part-time law enforcement officer is still

12 enrolled in the training course. If the part-time probationary

13 law enforcement officer withdraws from the course for any

14 reason or does not complete the course within the applicable

15 time period, as extended by any waiver that may be granted,

16 then the officer must forfeit the officer's position. A

17 probationary law enforcement officer must function under the

18 following rules:

19  (1) A law enforcement agency may not grant a person

20  status as a law enforcement officer unless the person has

21  been granted an active law enforcement officer

22  certification by the Board.

23  (2) A part-time probationary law enforcement officer

24  shall not be used as a permanent replacement for a

25  full-time law enforcement officer.

26  (3) A part-time probationary law enforcement officer
    SB2394 Enrolled  - 985 - LRB104 09208 AMC 19265 b

1   shall be directly supervised at all times by a

2   Board-certified Board certified law enforcement officer.

3   Direct supervision requires oversight and control with the

4   supervisor having final decision-making authority as to

5   the actions of the recruit during duty hours.

6   (b) Inactive status. A person who has an inactive law

7 enforcement officer certification has no law enforcement

8 authority.

9   (1) A law enforcement officer's certification becomes

10  inactive upon termination, resignation, retirement, or

11  separation from the employing agency for any reason. The

12  Board shall reactivate re-activate a certification upon

13  written application from the law enforcement officer's

14  employing agency that shows the law enforcement officer:

15  (i) has accepted a part-time law enforcement position with

16  that a law enforcement agency, (ii) is not the subject of a

17  decertification proceeding, and (iii) meets all other

18  criteria for reactivation re-activation required by the

19  Board.

20  The Board may refuse to reactivate re-activate the

21  certification of a law enforcement officer who was

22  involuntarily terminated for good cause by the officer's

23  employing agency for conduct subject to decertification

24  under this Act or resigned or retired after receiving

25  notice of a law enforcement agency's investigation.

26  (2) A law enforcement agency may place an officer who
    SB2394 Enrolled    - 986 - LRB104 09208 AMC 19265 b

1   is currently certified on inactive status by sending a

2   written request to the Board. A law enforcement officer

3   whose certificate has been placed on inactive status shall

4   not function as a law enforcement officer until the

5   officer has completed any requirements for reactivating

6   the certificate as required by the Board. A request for

7   inactive status in this subsection shall be in writing,

8   accompanied by verifying documentation, and shall be

9   submitted to the Board by the law enforcement officer's

10  employing agency.

11  (3) Certification that has become inactive under

12  paragraph (2) of this subsection (b), shall be reactivated

13  by written notice from the law enforcement officer's law

14  enforcement agency upon a showing that the law enforcement

15  officer is: (i) employed in a part-time law enforcement

16  position with the same law enforcement agency, (ii) not

17  the subject of a decertification proceeding, and (iii)

18  meets all other criteria for reactivation re-activation

19  required by the Board. The Board may also establish

20  special training requirements to be completed as a

21  condition for reactivation re-activation.

22  The Board shall review a notice for reactivation from

23  a law enforcement agency and provide a response within 30

24  days. The Board may extend this review. A law enforcement

25  officer shall be allowed to be employed as a part-time law

26  enforcement officer while the law enforcement officer
    SB2394 Enrolled  - 987 - LRB104 09208 AMC 19265 b

1   reactivation waiver is under review.

2   A law enforcement officer who is refused reactivation

3   or an employing agency of a law enforcement officer who is

4   refused reactivation under this Section may request a

5   hearing in accordance with the hearing procedures as

6   outlined in subsection (h) of Section 6.3 of this Act.

7   (4) Notwithstanding paragraph (3) of this Section, a

8   law enforcement officer whose certification has become

9   inactive under paragraph (2) may have the officer's

10  employing agency submit a request for a waiver of training

11  requirements to the Board in writing and accompanied by

12  any verifying documentation. A grant of a waiver is within

13  the discretion of the Board. Within 7 days of receiving a

14  request for a waiver under this section, the Board shall

15  notify the law enforcement officer and the chief

16  administrator of the law enforcement officer's employing

17  agency, whether the request has been granted, denied, or

18  if the Board will take additional time for information. A

19  law enforcement agency or law enforcement officer, whose

20  request for a waiver under this subsection is denied, is

21  entitled to request a review of the denial by the Board.

22  The law enforcement agency must request a review within 20

23  days after the waiver being denied. The burden of proof

24  shall be on the law enforcement agency to show why the law

25  enforcement officer is entitled to a waiver of the

26  legislatively required training and eligibility
    SB2394 Enrolled  - 988 - LRB104 09208 AMC 19265 b

1   requirements.

2   (c) The part-time police training course referred to in

3 this Section shall be of similar content and the same number of

4 hours as the courses for full-time officers and shall be

5 provided by Mobile Team In-Service Training Units under the

6 Intergovernmental Law Enforcement Officer's In-Service

7 Training Act or by another approved program or facility in a

8 manner prescribed by the Board.

9   (d) Within 14 days, a law enforcement officer shall report

10 to the Board: (1) any name change; (2) any change in

11 employment; or (3) the filing of any criminal indictment or

12 charges against the officer alleging that the officer

13 committed any offense as enumerated in Section 6.1 of this

14 Act.

15  (e) All law enforcement officers must report the

16 completion of the training requirements required in this Act

17 in compliance with Section 8.4 of this Act.

18  (e-1) Each employing agency shall allow and provide an

19 opportunity for a law enforcement officer to complete the

20 requirements in this Act. All mandated training shall be

21 provided for at no cost to the employees. Employees shall be

22 paid for all time spent attending mandated training.

23  (e-2) Each agency, academy, or training provider shall

24 maintain proof of a law enforcement officer's completion of

25 legislatively required training in a format designated by the

26 Board. The report of training shall be submitted to the Board
    SB2394 Enrolled      - 989 - LRB104 09208 AMC 19265 b

1 within 30 days following completion of the training. A copy of

2 the report shall be submitted to the law enforcement officer.

3 Upon receipt of a properly completed report of training, the

4 Board will make the appropriate entry into the training

5 records of the law enforcement officer.

6   (f) For the purposes of this Section, the Board shall

7 adopt rules defining what constitutes employment on a

8 part-time basis.

9   (g) Notwithstanding any provision of law to the contrary,

10 the changes made to this Section by Public Act 102-694 this

11 amendatory Act of the 102nd General Assembly and Public Act

12 101-652 take effect July 1, 2022.

13 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24;

14 revised 7-29-24.)

15  (50 ILCS 705/10.25)

16  Sec. 10.25. Training; cell phone medical information. The

17 Board shall develop and require each law enforcement officer

18 to participate in training on accessing and utilizing medical

19 information stored in cell phones. The Board may use the

20 program approved under Section 2310-711 of the Department of

21 Public Health Powers and Duties Law of the Civil

22 Administrative Code of Illinois to develop the Board's

23 program.

24 (Source: P.A. 103-939, eff. 1-1-25.)
    SB2394 Enrolled      - 990 - LRB104 09208 AMC 19265 b

1   (50 ILCS 705/10.26)

2   Sec. 10.26 10.25. Training; autism-informed response

3 training course.

4   (a) The Board shall develop or approve a course to assist

5 law enforcement officers in identifying and appropriately

6 responding to individuals with autism spectrum disorders.

7   (b) The Board shall conduct or approve the autism-informed

8 response training course no later than January 1, 2027 (2

9 years after the effective date of Public Act 103-949) this

10 amendatory Act of the 103rd General Assembly. The Board may

11 consult with the Department of Public Health or Department of

12 Human Services to develop and update the curriculum as needed.

13 The course must include instruction in autism-informed

14 responses, procedures, and techniques, which may include, but

15 are not limited to:

16  (1) recognizing the signs and symptoms of an autism

17  spectrum disorder;

18  (2) responding to the needs of a victim with an autism

19  spectrum disorder;

20  (3) interview and interrogation techniques for an

21  individual with an autism spectrum disorder; and

22  (4) techniques for differentiating an individual with

23  an autism spectrum disorder from a person who is being

24  belligerent and uncooperative.

25  The Board must, within a reasonable amount of time, update

26 this course, from time to time, to conform with national
    SB2394 Enrolled           - 991 - LRB104 09208 AMC 19265 b

1 trends and best practices.

2   (c) The Board is encouraged to adopt model policies to

3 assist law enforcement agencies in appropriately responding to

4 individuals with autism spectrum disorders.

5 (Source: P.A. 103-949, eff. 1-1-25; revised 12-3-24.)

6   Section 360. The Emergency Telephone System Act is amended

7 by changing Section 7.1 as follows:

8   (50 ILCS 750/7.1)

9   (Section scheduled to be repealed on December 31, 2025)

10  Sec. 7.1. Training.

11  (a) Each 9-1-1 Authority, as well as its answering points,

12 shall ensure its public safety telecommunicators and public

13 safety telecommunicator Supervisors comply with the training,

14 testing, and certification requirements established pursuant

15 to Section 2605-53 of the Illinois Department of State Police

16 Law.

17  (b) Each 9-1-1 Authority, as well as its answering points,

18 shall maintain a record regarding its public safety

19 telecommunicators and public safety telecommunicator

20 Supervisors compliance with this Section for at least 7 years

21 and shall make the training records available for inspection

22 by the Administrator upon request.

23  (c) Costs incurred for the development of standards,

24 training, testing, and certification shall be expenses paid by
    SB2394 Enrolled   - 992 - LRB104 09208 AMC 19265 b

1 the Department from the funds available to the Administrator
2 and the Statewide 9-1-1 Advisory Board under Section 30 of
3 this Act. Nothing in this subsection shall prohibit the use of
4 grants or other nonsurcharge funding sources available for
5 this purpose.
6 (Source: P.A. 102-9, eff. 6-3-21; revised 10-16-24.)

7   Section 365. The Community Emergency Services and Support

8 Act is amended by changing Section 55 as follows:

9   (50 ILCS 754/55)

10  Sec. 55. Immunity. The exemptions from civil liability in

11 Section 15.1 of the Emergency Telephone System Systems Act

12 apply to any act or omission in the development, design,

13 installation, operation, maintenance, performance, or

14 provision of service directed by this Act.

15 (Source: P.A. 102-580, eff. 1-1-22; revised 7-29-24.)

16  Section 370. The Small Wireless Facilities Deployment Act

17 is amended by changing Section 15 as follows:

18  (50 ILCS 840/15) (was 50 ILCS 835/15)

19  (Section scheduled to be repealed on January 1, 2030)

20  Sec. 15. Regulation of small wireless facilities.

21  (a) This Section applies to activities of a wireless

22 provider within or outside rights-of-way.
    SB2394 Enrolled     - 993 - LRB104 09208 AMC 19265 b

1   (b) Except as provided in this Section, an authority may

2 not prohibit, regulate, or charge for the collocation of small

3 wireless facilities.

4   (c) Small wireless facilities shall be classified as

5 permitted uses and subject to administrative review in

6 conformance with this Act, except as provided in paragraph (5)

7 of subsection (d) of this Section regarding height exceptions

8 or variances, but not subject to zoning review or approval if

9 they are collocated (i) in rights-of-way in any zone, or (ii)

10 outside rights-of-way in property zoned exclusively for

11 commercial or industrial use.

12  (d) An authority may require an applicant to obtain one or

13 more permits to collocate a small wireless facility. An

14 authority shall receive applications for, process, and issue

15 permits subject to the following requirements:

16  (1) An authority may not directly or indirectly

17  require an applicant to perform services unrelated to the

18  collocation for which approval is sought, such as in-kind

19  contributions to the authority, including reserving fiber,

20  conduit, or utility pole space for the authority on the

21  wireless provider's utility pole. An authority may reserve

22  space on authority utility poles for future public safety

23  uses or for the authority's electric utility uses, but a

24  reservation of space may not preclude the collocation of a

25  small wireless facility unless the authority reasonably

26  determines that the authority utility pole cannot
    SB2394 Enrolled         - 994 - LRB104 09208 AMC 19265 b

1   accommodate both uses.

2   (2) An applicant shall not be required to provide more

3   information to obtain a permit than the authority requires

4   of a communications service provider that is not a

5   wireless provider that requests to attach facilities to a

6   structure; however, a wireless provider may be required to

7   provide the following information when seeking a permit to

8   collocate small wireless facilities on a utility pole or

9   wireless support structure:

10  (A) site specific structural integrity and, for an

11  authority utility pole, make-ready analysis prepared

12  by a structural engineer, as that term is defined in

13  Section 4 of the Structural Engineering Practice Act

14  of 1989;

15  (B) the location where each proposed small

16  wireless facility or utility pole would be installed

17  and photographs of the location and its immediate

18  surroundings depicting the utility poles or structures

19  on which each proposed small wireless facility would

20  be mounted or location where utility poles or

21  structures would be installed;

22  (C) specifications and drawings prepared by a

23  structural engineer, as that term is defined in

24  Section 4 of the Structural Engineering Practice Act

25  of 1989, for each proposed small wireless facility

26  covered by the application as it is proposed to be
    SB2394 Enrolled  - 995 - LRB104 09208 AMC 19265 b

1   installed;

2   (D) the equipment type and model numbers for the

3   antennas and all other wireless equipment associated

4   with the small wireless facility;

5   (E) a proposed schedule for the installation and

6   completion of each small wireless facility covered by

7   the application, if approved;

8   (F) certification that the collocation complies

9   with paragraph (6) to the best of the applicant's

10  knowledge; and

11  (G) the wireless provider's certification from a

12  radio engineer that it operates the small wireless

13  facility within all applicable FCC standards.

14  (3) Subject to paragraph (6), an authority may not

15  require the placement of small wireless facilities on any

16  specific utility pole, or category of utility poles, or

17  require multiple antenna systems on a single utility pole;

18  however, with respect to an application for the

19  collocation of a small wireless facility associated with a

20  new utility pole, an authority may propose that the small

21  wireless facility be collocated on an existing utility

22  pole or existing wireless support structure within 200

23  feet of the proposed collocation, which the applicant

24  shall accept if it has the right to use the alternate

25  structure on reasonable terms and conditions and the

26  alternate location and structure does not impose technical
    SB2394 Enrolled  - 996 - LRB104 09208 AMC 19265 b

1   limits or additional material costs as determined by the

2   applicant. The authority may require the applicant to

3   provide a written certification describing the property

4   rights, technical limits, or material cost reasons the

5   alternate location does not satisfy the criteria in this

6   paragraph (3).

7   (4) Subject to paragraph (6), an authority may not

8   limit the placement of small wireless facilities mounted

9   on a utility pole or a wireless support structure by

10  minimum horizontal separation distances.

11  (5) An authority may limit the maximum height of a

12  small wireless facility to 10 feet above the utility pole

13  or wireless support structure on which the small wireless

14  facility is collocated. Subject to any applicable waiver,

15  zoning, or other process that addresses wireless provider

16  requests for an exception or variance and does not

17  prohibit granting of such exceptions or variances, the

18  authority may limit the height of new or replacement

19  utility poles or wireless support structures on which

20  small wireless facilities are collocated to the higher of:

21  (i) 10 feet in height above the tallest existing utility

22  pole, other than a utility pole supporting only wireless

23  facilities, that is in place on the date the application

24  is submitted to the authority, that is located within 300

25  feet of the new or replacement utility pole or wireless

26  support structure and that is in the same right-of-way
    SB2394 Enrolled  - 997 - LRB104 09208 AMC 19265 b

1   within the jurisdictional boundary of the authority,

2   provided the authority may designate which intersecting

3   right-of-way within 300 feet of the proposed utility pole

4   or wireless support structures shall control the height

5   limitation for such facility; or (ii) 45 feet above ground

6   level.

7   (6) An authority may require that:

8           (A) the wireless provider's operation of the small

9   wireless facilities does not interfere with the

10  frequencies used by a public safety agency for public

11  safety communications; a wireless provider shall

12  install small wireless facilities of the type and

13  frequency that will not cause unacceptable

14  interference with a public safety agency's

15  communications equipment; unacceptable interference

16  will be determined by and measured in accordance with

17  industry standards and the FCC's regulations

18  addressing unacceptable interference to public safety

19  spectrum or any other spectrum licensed by a public

20  safety agency; if a small wireless facility causes

21  such interference, and the wireless provider has been

22  given written notice of the interference by the public

23  safety agency, the wireless provider, at its own

24  expense, shall take all reasonable steps necessary to

25  correct and eliminate the interference, including, but

26  not limited to, powering down the small wireless
    SB2394 Enrolled  - 998 - LRB104 09208 AMC 19265 b

1   facility and later powering up the small wireless

2   facility for intermittent testing, if necessary; the

3   authority may terminate a permit for a small wireless

4   facility based on such interference if the wireless

5   provider is not making a good faith effort to remedy

6   the problem in a manner consistent with the abatement

7   and resolution procedures for interference with public

8   safety spectrum established by the FCC including 47

9   CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672

10  through 47 CFR 90.675;

11  (B) the wireless provider comply with requirements

12  that are imposed by a contract between an authority

13  and a private property owner that concern design or

14  construction standards applicable to utility poles and

15  ground-mounted equipment located in the right-of-way;

16  (C) the wireless provider comply with applicable

17  spacing requirements in applicable codes and

18  ordinances concerning the location of ground-mounted

19  equipment located in the right-of-way if the

20  requirements include a waiver, zoning, or other

21  process that addresses wireless provider requests for

22  exception or variance and do not prohibit granting of

23  such exceptions or variances;

24  (D) the wireless provider comply with local code

25  provisions or regulations concerning undergrounding

26  requirements that prohibit the installation of new or
    SB2394 Enrolled  - 999 - LRB104 09208 AMC 19265 b

1   the modification of existing utility poles in a

2   right-of-way without prior approval if the

3   requirements include a waiver, zoning, or other

4   process that addresses requests to install such new

5   utility poles or modify such existing utility poles

6   and do not prohibit the replacement of utility poles;

7   (E) the wireless provider comply with generally

8   applicable standards that are consistent with this Act

9   and adopted by an authority for construction and

10  public safety in the rights-of-way, including, but not

11  limited to, reasonable and nondiscriminatory wiring

12  and cabling requirements, grounding requirements,

13  utility pole extension requirements, acoustic

14  regulations, and signage limitations; and shall comply

15  with reasonable and nondiscriminatory requirements

16  that are consistent with this Act and adopted by an

17  authority regulating the location, size, surface area

18  and height of small wireless facilities, or the

19  abandonment and removal of small wireless facilities;

20  (F) the wireless provider not collocate small

21  wireless facilities on authority utility poles that

22  are part of an electric distribution or transmission

23  system within the communication worker safety zone of

24  the pole or the electric supply zone of the pole;

25  however, the antenna and support equipment of the

26  small wireless facility may be located in the
    SB2394 Enrolled  - 1000 - LRB104 09208 AMC 19265 b

1   communications space on the authority utility pole and

2   on the top of the pole, if not otherwise unavailable,

3   if the wireless provider complies with applicable

4   codes for work involving the top of the pole; for

5   purposes of this subparagraph (F), the terms

6   "communications space", "communication worker safety

7   zone", and "electric supply zone" have the meanings

8   given to those terms in the National Electric Safety

9   Code as published by the Institute of Electrical and

10  Electronics Engineers;

11  (G) the wireless provider comply with the

12  applicable codes and local code provisions or

13  regulations that concern public safety;

14  (H) the wireless provider comply with written

15  design standards that are generally applicable for

16  decorative utility poles, or reasonable stealth,

17  concealment, and aesthetic requirements that are

18  identified by the authority in an ordinance, written

19  policy adopted by the governing board of the

20  authority, a comprehensive plan, or other written

21  design plan that applies to other occupiers of the

22  rights-of-way, including on a historic landmark or in

23  a historic district;

24  (I) subject to subsection (c) of this Section, and

25  except for facilities excluded from evaluation for

26  effects on historic properties under 47 CFR
    SB2394 Enrolled  - 1001 - LRB104 09208 AMC 19265 b

1   1.1307(a)(4), reasonable, technically feasible, and

2   non-discriminatory design or concealment measures in a

3   historic district or historic landmark; any such

4   design or concealment measures, including restrictions

5   on a specific category of poles, may not have the

6   effect of prohibiting any provider's technology; such

7   design and concealment measures shall not be

8   considered a part of the small wireless facility for

9   purposes of the size restrictions of a small wireless

10  facility; this paragraph may not be construed to limit

11  an authority's enforcement of historic preservation in

12  conformance with the requirements adopted pursuant to

13  the Illinois State Agency Historic Resources

14  Preservation Act or the National Historic Preservation

15  Act of 1966, 54 U.S.C. Section 300101 et seq., and the

16  regulations adopted to implement those laws; and

17  (J) When a wireless provider replaces or adds a

18  new radio transceiver or antennas to an existing small

19  wireless facility, certification by the wireless

20  provider from a radio engineer that the continuing

21  operation of the small wireless facility complies with

22  all applicable FCC standards.

23  (7) Within 30 days after receiving an application, an

24  authority must determine whether the application is

25  complete and notify the applicant. If an application is

26  incomplete, an authority must specifically identify the
    SB2394 Enrolled       - 1002 - LRB104 09208 AMC 19265 b

1   missing information. An application shall be deemed

2   complete if the authority fails to provide notification to

3   the applicant within 30 days after when all documents,

4   information, and fees specifically enumerated in the

5   authority's permit application form are submitted by the

6   applicant to the authority. Processing deadlines are

7   tolled from the time the authority sends the notice of

8   incompleteness to the time the applicant provides the

9   missing information.

10  (8) An authority shall process applications as

11  follows:

12  (A) an application to collocate a small wireless

13  facility on an existing utility pole or wireless

14  support structure shall be processed on a

15  nondiscriminatory basis and deemed approved if the

16  authority fails to approve or deny the application

17  within 90 days; however, if an applicant intends to

18  proceed with the permitted activity on a deemed

19  approved basis, the applicant must notify the

20  authority in writing of its intention to invoke the

21  deemed approved remedy no sooner than 75 days after

22  the submission of a completed application; the permit

23  shall be deemed approved on the latter of the 90th day

24  after submission of the complete application or the

25  10th day after the receipt of the deemed approved

26  notice by the authority; the receipt of the deemed
    SB2394 Enrolled  - 1003 - LRB104 09208 AMC 19265 b

1   approved notice shall not preclude the authority's

2   denial of the permit request within the time limits as

3   provided under this Act; and

4   (B) an application to collocate a small wireless

5   facility that includes the installation of a new

6   utility pole shall be processed on a nondiscriminatory

7   basis and deemed approved if the authority fails to

8   approve or deny the application within 120 days;

9   however, if an applicant intends to proceed with the

10  permitted activity on a deemed approved basis, the

11  applicant must notify the authority in writing of its

12  intention to invoke the deemed approved remedy no

13  sooner than 105 days after the submission of a

14  completed application; the permit shall be deemed

15  approved on the latter of the 120th day after

16  submission of the complete application or the 10th day

17  after the receipt of the deemed approved notice by the

18  authority; the receipt of the deemed approved notice

19  shall not preclude the authority's denial of the

20  permit request within the time limits as provided

21  under this Act.

22  (9) An authority shall approve an application unless

23  the application does not meet the requirements of this

24  Act. If an authority determines that applicable codes,

25  local code provisions or regulations that concern public

26  safety, or the requirements of paragraph (6) require that
    SB2394 Enrolled  - 1004 - LRB104 09208 AMC 19265 b

1   the utility pole or wireless support structure be replaced

2   before the requested collocation, approval may be

3   conditioned on the replacement of the utility pole or

4   wireless support structure at the cost of the provider.

5   The authority must document the basis for a denial,

6   including the specific code provisions or application

7   conditions on which the denial was based, and send the

8   documentation to the applicant on or before the day the

9   authority denies an application. The applicant may cure

10  the deficiencies identified by the authority and resubmit

11  the revised application once within 30 days after notice

12  of denial is sent to the applicant without paying an

13  additional application fee. The authority shall approve or

14  deny the revised application within 30 days after the

15  applicant resubmits the application or it is deemed

16  approved; however, the applicant must notify the authority

17  in writing of its intention to proceed with the permitted

18  activity on a deemed approved basis, which may be

19  submitted with the resubmitted application. Any subsequent

20  review shall be limited to the deficiencies cited in the

21  denial. However, this revised application cure does not

22  apply if the cure requires the review of a new location,

23  new or different structure to be collocated upon, new

24  antennas, or other wireless equipment associated with the

25  small wireless facility.

26  (10) The time period for applications may be further
    SB2394 Enrolled  - 1005 - LRB104 09208 AMC 19265 b

1   tolled by:

2   (A) the express agreement in writing by both the

3   applicant and the authority; or

4   (B) a local, State, or federal disaster

5   declaration or similar emergency that causes the

6   delay.

7   (11) An applicant seeking to collocate small wireless

8   facilities within the jurisdiction of a single authority

9   shall be allowed, at the applicant's discretion, to file a

10  consolidated application and receive a single permit for

11  the collocation of up to 25 small wireless facilities if

12  the collocations each involve substantially the same type

13  of small wireless facility and substantially the same type

14  of structure. If an application includes multiple small

15  wireless facilities, the authority may remove small

16  wireless facility collocations from the application and

17  treat separately small wireless facility collocations for

18  which incomplete information has been provided or that do

19  not qualify for consolidated treatment or that are denied.

20  The authority may issue separate permits for each

21  collocation that is approved in a consolidated

22  application.

23  (12) Collocation for which a permit is granted shall

24  be completed within 180 days after issuance of the permit,

25  unless the authority and the wireless provider agree to

26  extend this period or a delay is caused by make-ready work
    SB2394 Enrolled    - 1006 - LRB104 09208 AMC 19265 b

1   for an authority utility pole or by the lack of commercial

2   power or backhaul availability at the site, provided the

3   wireless provider has made a timely request within 60 days

4   after the issuance of the permit for commercial power or

5   backhaul services, and the additional time to complete

6   installation does not exceed 360 days after issuance of

7   the permit. Otherwise, the permit shall be void unless the

8   authority grants an extension in writing to the applicant.

9   (13) The duration of a permit shall be for a period of

10  not less than 5 years, and the permit shall be renewed for

11  equivalent durations unless the authority makes a finding

12  that the small wireless facilities or the new or modified

13  utility pole do not comply with the applicable codes or

14  local code provisions or regulations in paragraphs (6) and

15  (9). If this Act is repealed as provided in Section 90,

16  renewals of permits shall be subject to the applicable

17  authority code provisions or regulations in effect at the

18  time of renewal.

19  (14) An authority may not prohibit, either expressly

20  or de facto, the (i) filing, receiving, or processing

21  applications, or (ii) issuing of permits or other

22  approvals, if any, for the collocation of small wireless

23  facilities unless there has been a local, State, or

24  federal disaster declaration or similar emergency that

25  causes the delay.

26  (15) Applicants shall submit applications, supporting
    SB2394 Enrolled  - 1007 - LRB104 09208 AMC 19265 b

1   information, and notices by personal delivery or as

2   otherwise required by the authority. An authority may

3   require that permits, supporting information, and notices

4   be submitted by personal delivery at the authority's

5   designated place of business, by regular mail postmarked

6   on the date due, or by any other commonly used means,

7   including electronic mail, as required by the authority.

8   (e) Application fees are subject to the following

9 requirements:

10  (1) An authority may charge an application fee of up

11  to $650 for an application to collocate a single small

12  wireless facility on an existing utility pole or wireless

13  support structure and up to $350 for each small wireless

14  facility addressed in an application to collocate more

15  than one small wireless facility on existing utility poles

16  or wireless support structures.

17  (2) An authority may charge an application fee of

18  $1,000 for each small wireless facility addressed in an

19  application that includes the installation of a new

20  utility pole for such collocation.

21  (3) Notwithstanding any contrary provision of State

22  law or local ordinance, applications pursuant to this

23  Section must be accompanied by the required application

24  fee.

25  (4) Within 2 months after the effective date of this

26  Act, an authority shall make available application fees
    SB2394 Enrolled  - 1008 - LRB104 09208 AMC 19265 b

1   consistent with this subsection, through ordinance, or in

2   a written schedule of permit fees adopted by the

3   authority.

4   (5) Notwithstanding any provision of this Act to the

5   contrary, an authority may charge recurring rates and

6   application fees up to the amount permitted by the Federal

7   Communications Communication Commission in its Declaratory

8   Ruling and Third Report and Order adopted on September 26,

9   2018 in WT Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd

10  9088, 9129, or any subsequent ruling, order, or guidance

11  issued by the Federal Communication Commission regarding

12  fees and recurring rates.

13  (f) An authority shall not require an application,

14 approval, or permit, or require any fees or other charges,

15 from a communications service provider authorized to occupy

16 the rights-of-way, for: (i) routine maintenance; (ii) the

17 replacement of wireless facilities with wireless facilities

18 that are substantially similar, the same size, or smaller if

19 the wireless provider notifies the authority at least 10 days

20 prior to the planned replacement and includes equipment

21 specifications for the replacement of equipment consistent

22 with the requirements of subparagraph (D) of paragraph (2) of

23 subsection (d) of this Section; or (iii) the installation,

24 placement, maintenance, operation, or replacement of micro

25 wireless facilities that are suspended on cables that are

26 strung between existing utility poles in compliance with
   SB2394 Enrolled  - 1009 - LRB104 09208 AMC 19265 b

1 applicable safety codes. However, an authority may require a

2 permit to work within rights-of-way for activities that affect

3 traffic patterns or require lane closures.

4  (g) Nothing in this Act authorizes a person to collocate

5 small wireless facilities on: (1) property owned by a private

6 party or property owned or controlled by a unit of local

7 government that is not located within rights-of-way, subject

8 to subsection (j) of this Section, or a privately owned

9 utility pole or wireless support structure without the consent

10 of the property owner; (2) property owned, leased, or

11 controlled by a park district, forest preserve district, or

12 conservation district for public park, recreation, or

13 conservation purposes without the consent of the affected

14 district, excluding the placement of facilities on

15 rights-of-way located in an affected district that are under

16 the jurisdiction and control of a different unit of local

17 government as provided by the Illinois Highway Code; or (3)

18 property owned by a rail carrier registered under Section

19 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or

20 any other public commuter rail service, or an electric utility

21 as defined in Section 16-102 of the Public Utilities Act,

22 without the consent of the rail carrier, public commuter rail

23 service, or electric utility. The provisions of this Act do

24 not apply to an electric or gas public utility or such

25 utility's wireless facilities if the facilities are being

26 used, developed, and maintained consistent with the provisions
    SB2394 Enrolled  - 1010 - LRB104 09208 AMC 19265 b

1 of subsection (i) of Section 16-108.5 of the Public Utilities

2 Act.

3   For the purposes of this subsection, "public utility" has

4 the meaning given to that term in Section 3-105 of the Public

5 Utilities Act. Nothing in this Act shall be construed to

6 relieve any person from any requirement (1) to obtain a

7 franchise or a State-issued authorization to offer cable

8 service or video service or (2) to obtain any required

9 permission to install, place, maintain, or operate

10 communications facilities, other than small wireless

11 facilities subject to this Act.

12  (h) Agreements between authorities and wireless providers

13 that relate to the collocation of small wireless facilities in

14 the right-of-way, including the collocation of small wireless

15 facilities on authority utility poles, that are in effect on

16 the effective date of this Act remain in effect for all small

17 wireless facilities collocated on the authority's utility

18 poles pursuant to applications submitted to the authority

19 before the effective date of this Act, subject to applicable

20 termination provisions. Such agreements entered into after the

21 effective date of the Act shall comply with the Act.

22  (i) An authority shall allow the collocation of small

23 wireless facilities on authority utility poles subject to the

24 following:

25      (1) An authority may not enter into an exclusive

26  arrangement with any person for the right to attach small
    SB2394 Enrolled  - 1011 - LRB104 09208 AMC 19265 b

1   wireless facilities to authority utility poles.

2   (2) The rates and fees for collocations on authority

3   utility poles shall be nondiscriminatory regardless of the

4   services provided by the collocating person.

5   (3) An authority may charge an annual recurring rate

6   to collocate a small wireless facility on an authority

7   utility pole located in a right-of-way that equals (i)

8   $270 per year or (ii) the actual, direct, and reasonable

9   costs related to the wireless provider's use of space on

10  the authority utility pole. Rates for collocation on

11  authority utility poles located outside of a right-of-way

12  are not subject to these limitations. In any controversy

13  concerning the appropriateness of a cost-based rate for an

14  authority utility pole located within a right-of-way, the

15  authority shall have the burden of proving that the rate

16  does not exceed the actual, direct, and reasonable costs

17  for the applicant's proposed use of the authority utility

18  pole. Nothing in this paragraph (3) prohibits a wireless

19  provider and an authority from mutually agreeing to an

20  annual recurring rate of less than $270 to collocate a

21  small wireless facility on an authority utility pole.

22  (4) Authorities or other persons owning or controlling

23  authority utility poles within the right-of-way shall

24  offer rates, fees, and other terms that comply with

25  subparagraphs (A) through (E) of this paragraph (4).

26  Within 2 months after the effective date of this Act, an
    SB2394 Enrolled  - 1012 - LRB104 09208 AMC 19265 b

1   authority or a person owning or controlling authority

2   utility poles shall make available, through ordinance or

3   an authority utility pole attachment agreement, license or

4   other agreement that makes available to wireless

5   providers, the rates, fees, and terms for the collocation

6   of small wireless facilities on authority utility poles

7   that comply with this Act and with subparagraphs (A)

8   through (E) of this paragraph (4). In the absence of such

9   an ordinance or agreement that complies with this Act, and

10  until such a compliant ordinance or agreement is adopted,

11  wireless providers may collocate small wireless facilities

12  and install utility poles under the requirements of this

13  Act.

14        (A) The rates, fees, and terms must be

15  nondiscriminatory, competitively neutral, and

16  commercially reasonable, and may address, among other

17  requirements, the requirements in subparagraphs (A)

18  through (I) of paragraph (6) of subsection (d) of this

19  Section; subsections (e), (i), and (k) of this

20  Section; Section 30; and Section 35, and must comply

21  with this Act.

22        (B) For authority utility poles that support

23  aerial facilities used to provide communications

24  services or electric service, wireless providers shall

25  comply with the process for make-ready work under 47

26  U.S.C. 224 and its implementing regulations, and the
    SB2394 Enrolled  - 1013 - LRB104 09208 AMC 19265 b

1   authority shall follow a substantially similar process

2   for make-ready work except to the extent that the

3   timing requirements are otherwise addressed in this

4   Act. The good-faith estimate of the person owning or

5   controlling the authority utility pole for any

6   make-ready work necessary to enable the pole to

7   support the requested collocation shall include

8   authority utility pole replacement, if necessary.

9   (C) For authority utility poles that do not

10  support aerial facilities used to provide

11  communications services or electric service, the

12  authority shall provide a good-faith estimate for any

13  make-ready work necessary to enable the authority

14  utility pole to support the requested collocation,

15  including pole replacement, if necessary, within 90

16  days after receipt of a complete application.

17  Make-ready work, including any authority utility pole

18  replacement, shall be completed within 60 days of

19  written acceptance of the good-faith estimate by the

20  applicant at the wireless provider's sole cost and

21  expense. Alternatively, if the authority determines

22  that applicable codes or public safety regulations

23  require the authority utility pole to be replaced to

24  support the requested collocation, the authority may

25  require the wireless provider to replace the authority

26  utility pole at the wireless provider's sole cost and
    SB2394 Enrolled  - 1014 - LRB104 09208 AMC 19265 b

1   expense.

2   (D) The authority shall not require more

3   make-ready work than required to meet applicable codes

4   or industry standards. Make-ready work may include

5   work needed to accommodate additional public safety

6   communications needs that are identified in a

7   documented and approved plan for the deployment of

8   public safety equipment as specified in paragraph (1)

9   of subsection (d) of this Section and included in an

10  existing or preliminary authority or public service

11  agency budget for attachment within one year of the

12  application. Fees for make-ready work, including any

13  authority utility pole replacement, shall not exceed

14  actual costs or the amount charged to communications

15  service providers for similar work and shall not

16  include any consultants' fees or expenses for

17  authority utility poles that do not support aerial

18  facilities used to provide communications services or

19  electric service. Make-ready work, including any pole

20  replacement, shall be completed within 60 days of

21  written acceptance of the good-faith estimate by the

22  wireless provider, at its sole cost and expense.

23  (E) A wireless provider that has an existing

24  agreement with the authority on the effective date of

25  the Act may accept the rates, fees, and terms that an

26  authority makes available under this Act for the
    SB2394 Enrolled  - 1015 - LRB104 09208 AMC 19265 b

1   collocation of small wireless facilities or the

2   installation of new utility poles for the collocation

3   of small wireless facilities that are the subject of

4   an application submitted 2 or more years after the

5   effective date of the Act as provided in this

6   paragraph (4) by notifying the authority that it opts

7   to accept such rates, fees, and terms. The existing

8   agreement remains in effect, subject to applicable

9   termination provisions, for the small wireless

10  facilities the wireless provider has collocated on the

11  authority's utility poles pursuant to applications

12  submitted to the authority before the wireless

13  provider provides such notice and exercises its option

14  under this subparagraph.

15  (5) Notwithstanding any provision of this Act to the

16  contrary, an authority may charge recurring rates and

17  application fees up to the amount permitted by the Federal

18  Communications Communication Commission in its Declaratory

19  Ruling and Third Report and Order adopted on September 26,

20  2018 in WT Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd

21  9088, 9129, or any subsequent ruling, order, or guidance

22  issued by the Federal Communication Commission regarding

23  fees and recurring rates.

24  (j) An authority shall authorize the collocation of small

25 wireless facilities on utility poles owned or controlled by

26 the authority that are not located within rights-of-way to the
   SB2394 Enrolled             - 1016 - LRB104 09208 AMC 19265 b

1 same extent the authority currently permits access to utility

2 poles for other commercial projects or uses. The collocations

3 shall be subject to reasonable and nondiscriminatory rates,

4 fees, and terms as provided in an agreement between the

5 authority and the wireless provider.

6  (k) Nothing in this Section precludes an authority from

7 adopting reasonable rules with respect to the removal of

8 abandoned small wireless facilities. A small wireless facility

9 that is not operated for a continuous period of 12 months shall

10 be considered abandoned and the owner of the facility must

11 remove the small wireless facility within 90 days after

12 receipt of written notice from the authority notifying the

13 owner of the abandonment. The notice shall be sent by

14 certified or registered mail, return receipt requested, by the

15 authority to the owner at the last known address of the owner.

16 If the small wireless facility is not removed within 90 days of

17 such notice, the authority may remove or cause the removal of

18 the facility pursuant to the terms of its pole attachment

19 agreement for authority utility poles or through whatever

20 actions are provided for abatement of nuisances or by other

21 law for removal and cost recovery. An authority may require a

22 wireless provider to provide written notice to the authority

23 if it sells or transfers small wireless facilities subject to

24 this Act within the jurisdictional boundary of the authority.

25 Such notice shall include the name and contact information of

26 the new wireless provider.
    SB2394 Enrolled  - 1017 - LRB104 09208 AMC 19265 b

1   (l) Nothing in this Section requires an authority to

2 install or maintain any specific utility pole or to continue

3 to install or maintain utility poles in any location if the

4 authority makes a non-discriminatory decision to eliminate

5 above-ground utility poles of a particular type generally,

6 such as electric utility poles, in all or a significant

7 portion of its geographic jurisdiction. For authority utility

8 poles with collocated small wireless facilities in place when

9 an authority makes a decision to eliminate above-ground

10 utility poles of a particular type generally, the authority

11 shall either (i) continue to maintain the authority utility

12 pole or install and maintain a reasonable alternative utility

13 pole or wireless support structure for the collocation of the

14 small wireless facility, or (ii) offer to sell the utility

15 pole to the wireless provider at a reasonable cost or allow the

16 wireless provider to install its own utility pole so it can

17 maintain service from that location.

18 (Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21;

19 103-601, eff. 7-1-24; revised 10-21-24.)

20  Section 375. The Counties Code is amended by changing

21 Sections 3-15003.6, 4-11001.5, 5-1009, 5-1069, 5-1069.3,

22 5-12020, 5-15017, 5-31012, 5-31016, 6-4002, and 6-27004 and by

23 setting forth, renumbering, and changing multiple versions of

24 Sections 5-1189 and 5-12022 as follows:
    SB2394 Enrolled        - 1018 - LRB104 09208 AMC 19265 b

1   (55 ILCS 5/3-15003.6)

2   Sec. 3-15003.6. Pregnant committed persons.

3   (a) Definitions. For the purpose of this Section and the

4 Sections preceding Section 3-15004:

5   (1) "Restraints" means any physical restraint or

6   mechanical device used to control the movement of a body

7   or limbs, or both, including, but not limited to, flex

8   cuffs, soft restraints, hard metal handcuffs, a black box,

9   Chubb cuffs, leg irons, belly chains, a security (tether)

10  chain, or a convex shield, or shackles of any kind.

11  (2) "Labor" means the period of time before a birth

12  and shall include any medical condition in which an

13  individual is sent or brought to the hospital for the

14  purpose of delivering a baby. These situations include:

15  induction of labor, prodromal labor, pre-term labor,

16  prelabor rupture of membranes, the 3 stages of active

17  labor, uterine hemorrhage during the third trimester of

18  pregnancy, and caesarian delivery including pre-operative

19  preparation.

20  (3) "Postpartum" means the 6-week period following

21  birth unless determined to be a longer period by a

22  physician, advanced practice registered nurse, physician

23  assistant, or other qualified medical professional.

24  (4) "Correctional institution" means any entity under

25  the authority of a county law enforcement division that

26  has the power to detain or restrain, or both, a person
    SB2394 Enrolled          - 1019 - LRB104 09208 AMC 19265 b

1   under the laws of the State.

2   (5) "Corrections official" means the official that is

3   responsible for oversight of a correctional institution,

4   or his or her designee.

5   (6) "Committed person" means any person incarcerated

6   or detained in any facility who is accused of, convicted

7   of, sentenced for, or adjudicated delinquent for,

8   violations of criminal law or the terms and conditions of

9   parole, probation, pretrial release, or diversionary

10  program, and any person detained under the immigration

11  laws of the United States at any correctional facility.

12  (7) "Extraordinary circumstance" means an

13  extraordinary medical or security circumstance, including

14  a substantial flight risk, that dictates restraints be

15  used to ensure the safety and security of the committed

16  person, the staff of the correctional institution or

17  medical facility, other committed persons, or the public.

18  (8) "Participant"' means an individual placed into an

19  electronic monitoring program, as defined by Section

20  5-8A-2 of the Unified Code of Corrections.

21  (b) A county department of corrections shall not apply

22 security restraints to a committed person that has been

23 determined by a qualified medical professional to be pregnant

24 or otherwise is known by the county department of corrections

25 to be pregnant or in postpartum recovery unless the

26 corrections official makes an individualized determination
    SB2394 Enrolled  - 1020 - LRB104 09208 AMC 19265 b

1 that the committed person presents a substantial flight risk

2 or some other extraordinary circumstance that dictates

3 security restraints be used to ensure the safety and security

4 of the committed person, committed person's child or unborn

5 child, the staff of the county department of corrections or

6 medical facility, other committed persons, or the public. The

7 protections set out in clauses (b)(3) and (b)(4) of this

8 Section shall apply to security restraints used pursuant to

9 this subsection. The corrections official shall immediately

10 remove all restraints upon the written or oral request of

11 medical personnel. The corrections official shall immediately

12 remove all approved electronic monitoring devices, as that

13 term is defined in Section 5-8A-2 of the Unified Code of

14 Corrections, of a pregnant participant during labor and

15 delivery or earlier upon the written or oral request of

16 medical personnel. Oral requests made by medical personnel

17 shall be verified in writing as promptly as reasonably

18 possible.

19  (1) Qualified authorized health staff shall have the

20  authority to order therapeutic restraints for a pregnant

21  or postpartum committed person who is a danger to the

22  committed person, the committed person's child, unborn

23  child, or other persons due to a psychiatric or medical

24  disorder. Therapeutic restraints may only be initiated,

25  monitored, and discontinued by qualified and authorized

26  health staff and used to safely limit a committed person's
    SB2394 Enrolled  - 1021 - LRB104 09208 AMC 19265 b

1   mobility for psychiatric or medical reasons. No order for

2   therapeutic restraints shall be written unless medical or

3   mental health personnel, after personally observing and

4   examining the committed person, are clinically satisfied

5   that the use of therapeutic restraints is justified and

6   permitted in accordance with hospital policies and

7   applicable State law. Metal handcuffs or shackles are not

8   considered therapeutic restraints.

9   (2) Whenever therapeutic restraints are used by

10  medical personnel, Section 2-108 of the Mental Health and

11  Developmental Disabilities Code shall apply.

12  (3) Leg irons, shackles, or waist shackles shall not

13  be used on any pregnant or postpartum committed person

14  regardless of security classification. Except for

15  therapeutic restraints under clause (b)(2), no restraints

16  of any kind may be applied to committed persons during

17  labor.

18  (4) When a pregnant or postpartum committed person

19  must be restrained, restraints used shall be the least

20  restrictive restraints possible to ensure the safety and

21  security of the committed person, the committed person's

22  child, unborn child, the staff of the county department of

23  corrections or medical facility, other committed persons,

24  or the public, and in no case shall include leg irons,

25  shackles, or waist shackles.

26  (5) Upon the pregnant committed person's entry into a
    SB2394 Enrolled        - 1022 - LRB104 09208 AMC 19265 b

1   hospital room, and completion of initial room inspection,

2   a corrections official shall be posted immediately outside

3   the hospital room, unless requested to be in the room by

4   medical personnel attending to the committed person's

5   medical needs.

6   (6) The county department of corrections shall provide

7   adequate corrections personnel to monitor the pregnant

8   committed person during the committed person's transport

9   to and from the hospital and during the committed person's

10  stay at the hospital.

11  (7) Where the county department of corrections

12  requires committed person safety assessments, a

13  corrections official may enter the hospital room to

14  conduct periodic committed person safety assessments,

15  except during a medical examination or the delivery

16  process.

17  (8) (Blank).

18  (c) Enforcement. No later than 30 days before the end of

19 each fiscal year, the county sheriff or corrections official

20 of the correctional institution where a pregnant or postpartum

21 committed person has been restrained pursuant to this Section

22 during that previous fiscal year, shall submit a written

23 report to the Jail and Detention Standards Unit of the

24 Department of Corrections, in a form and manner prescribed by

25 the Department, that includes an account of every instance of

26 restraint pursuant to this Section. The written report shall
    SB2394 Enrolled        - 1023 - LRB104 09208 AMC 19265 b

1 state the date, time, location, and rationale for each

2 instance in which restraints are used. The written report

3 shall not contain any individually identifying information of

4 any committed person. Such reports shall be made available for

5 public inspection.

6   (d) Data reporting. No later than 30 days before the end of

7 each fiscal year, each county sheriff shall submit a written

8 report to the Jail and Detention Standards Unit of the

9 Department of Corrections, in a form and manner prescribed by

10 the Department, that includes the number of pregnant committed

11 persons in custody each year and the number of people who

12 deliver or miscarry while in custody. The written reports

13 shall not contain any individually identifying information of

14 a committed person. The written reports shall be made

15 available for public inspection.

16 (Source: P.A. 103-745, eff. 1-1-25; revised 11-22-24.)

17  (55 ILCS 5/4-11001.5)

18  (Section scheduled to be repealed on January 1, 2026)

19  Sec. 4-11001.5. Lake County Children's Advocacy Center

20 Pilot Program.

21  (a) The Lake County Children's Advocacy Center Pilot

22 Program is established. Under the Pilot Program, any grand

23 juror or petit juror in Lake County may elect to have his or

24 her juror fees earned under Section 4-11001 of this Code to be

25 donated to the Lake County Children's Advocacy Center, a
    SB2394 Enrolled  - 1024 - LRB104 09208 AMC 19265 b

1 division of the Lake County State's Attorney's office.

2   (b) On or before January 1, 2017, the Lake County board

3 shall adopt, by ordinance or resolution, rules and policies

4 governing and effectuating the ability of jurors to donate

5 their juror fees to the Lake County Children's Advocacy Center

6 beginning January 1, 2017 and ending December 31, 2018. At a

7 minimum, the rules and policies must provide:

8   (1) for a form that a juror may fill out to elect to

9   donate his or her juror fees. The form must contain a

10  statement, in at least 14-point bold type, that donation

11  of juror fees is optional;

12  (2) that all monies donated by jurors shall be

13  transferred by the county to the Lake County Children's

14  Advocacy Center at the same time a juror is paid under

15  Section 4-11001 of this Code who did not elect to donate

16  his or her juror fees; and

17  (3) that all juror fees donated under this Section

18  shall be used exclusively for the operation of Lake County

19  Children's Advocacy Center.

20  The Lake County board shall adopt an ordinance or

21 resolution reestablishing the rules and policies previously

22 adopted under this subsection allowing a juror to donate his

23 or her juror fees to the Lake County Children's Advocacy

24 Center through December 31, 2021.

25  (c) The following information shall be reported to the

26 General Assembly and the Governor by the Lake County board
    SB2394 Enrolled          - 1025 - LRB104 09208 AMC 19265 b

1 after each calendar year of the Pilot Program on or before

2 March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021:

3   (1) the number of grand and petit jurors who earned

4   fees under Section 4-11001 of this Code during the

5   previous calendar year;

6   (2) the number of grand and petit jurors who donated

7   fees under this Section during the previous calendar year;

8   (3) the amount of donated fees under this Section

9   during the previous calendar year;

10  (4) how the monies donated in the previous calendar

11  year were used by the Lake County Children's Advocacy

12  Center; and

13  (5) how much cost there was incurred by Lake County

14  and the Lake County State's Attorney's office in the

15  previous calendar year in implementing the Pilot Program.

16  (d) This Section is repealed on January 1, 2026.

17 (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23;

18 revised 7-29-24.)

19  (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)

20  Sec. 5-1009. Limitation on home rule powers. Except as

21 provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9,

22 5-1007, and 5-1008, on and after September 1, 1990, no home

23 rule county has the authority to impose, pursuant to its home

24 rule authority, a retailers' occupation tax, service

25 occupation tax, use tax, sales tax, or other tax on the use,
    SB2394 Enrolled  - 1026 - LRB104 09208 AMC 19265 b

1 sale, or purchase of tangible personal property based on the

2 gross receipts from such sales or the selling or purchase

3 price of said tangible personal property. Notwithstanding the

4 foregoing, this Section does not preempt any home rule imposed

5 tax such as the following: (1) a tax on alcoholic beverages,

6 whether based on gross receipts, volume sold, or any other

7 measurement; (2) a tax based on the number of units of

8 cigarettes or tobacco products; (3) a tax, however measured,

9 based on the use of a hotel or motel room or similar facility;

10 (4) a tax, however measured, on the sale or transfer of real

11 property; (5) a tax, however measured, on lease receipts; (6)

12 a tax on food prepared for immediate consumption and on

13 alcoholic beverages sold by a business which provides for on

14 premise consumption of said food or alcoholic beverages; or

15 (7) other taxes not based on the selling or purchase price or

16 gross receipts from the use, sale, or purchase of tangible

17 personal property. This Section does not preempt a home rule

18 county from imposing a tax, however measured, on the use, for

19 consideration, of a parking lot, garage, or other parking

20 facility.

21  On and after December 1, 2019, no home rule county has the

22 authority to impose, pursuant to its home rule authority, a

23 tax, however measured, on sales of aviation fuel, as defined

24 in Section 3 of the Retailers' Occupation Tax Act, unless the

25 tax revenue is expended for airport-related purposes. For

26 purposes of this Section, "airport-related purposes" has the
    SB2394 Enrolled     - 1027 - LRB104 09208 AMC 19265 b

1 meaning ascribed in Section 6z-20.2 of the State Finance Act.

2 Aviation fuel shall be excluded from tax only for so long as

3 the revenue use requirements of 49 U.S.C. 47017(b) and 49

4 U.S.C. 47133 are binding on the county.

5   This Section is a limitation, pursuant to subsection (g)

6 of Section 6 of Article VII of the Illinois Constitution, on

7 the power of home rule units to tax. The changes made to this

8 Section by Public Act 101-10 are a denial and limitation of

9 home rule powers and functions under subsection (g) of Section

10 6 of Article VII of the Illinois Constitution.

11 (Source: P.A. 102-558, eff. 8-20-21; 103-781, eff. 8-5-24;

12 revised 10-21-24.)

13  (55 ILCS 5/5-1069)

14  (Text of Section before amendment by P.A. 103-808)

15  Sec. 5-1069. Group life, health, accident, hospital, and

16 medical insurance.

17  (a) The county board of any county may arrange to provide,

18 for the benefit of employees of the county, group life,

19 health, accident, hospital, and medical insurance, or any one

20 or any combination of those types of insurance, or the county

21 board may self-insure, for the benefit of its employees, all

22 or a portion of the employees' group life, health, accident,

23 hospital, and medical insurance, or any one or any combination

24 of those types of insurance, including a combination of

25 self-insurance and other types of insurance authorized by this
    SB2394 Enrolled  - 1028 - LRB104 09208 AMC 19265 b

1 Section, provided that the county board complies with all

2 other requirements of this Section. The insurance may include

3 provision for employees who rely on treatment by prayer or

4 spiritual means alone for healing in accordance with the

5 tenets and practice of a well recognized religious

6 denomination. The county board may provide for payment by the

7 county of a portion or all of the premium or charge for the

8 insurance with the employee paying the balance of the premium

9 or charge, if any. If the county board undertakes a plan under

10 which the county pays only a portion of the premium or charge,

11 the county board shall provide for withholding and deducting

12 from the compensation of those employees who consent to join

13 the plan the balance of the premium or charge for the

14 insurance.

15  (b) If the county board does not provide for

16 self-insurance or for a plan under which the county pays a

17 portion or all of the premium or charge for a group insurance

18 plan, the county board may provide for withholding and

19 deducting from the compensation of those employees who consent

20 thereto the total premium or charge for any group life,

21 health, accident, hospital, and medical insurance.

22  (c) The county board may exercise the powers granted in

23 this Section only if it provides for self-insurance or, where

24 it makes arrangements to provide group insurance through an

25 insurance carrier, if the kinds of group insurance are

26 obtained from an insurance company authorized to do business
    SB2394 Enrolled  - 1029 - LRB104 09208 AMC 19265 b

1 in the State of Illinois. The county board may enact an

2 ordinance prescribing the method of operation of the insurance

3 program.

4   (d) If a county, including a home rule county, is a

5 self-insurer for purposes of providing health insurance

6 coverage for its employees, the insurance coverage shall

7 include screening by low-dose mammography for all women 35

8 years of age or older for the presence of occult breast cancer

9 unless the county elects to provide mammograms itself under

10 Section 5-1069.1. The coverage shall be as follows:

11  (1) A baseline mammogram for women 35 to 39 years of

12  age.

13  (2) An annual mammogram for women 40 years of age or

14  older.

15  (3) A mammogram at the age and intervals considered

16  medically necessary by the woman's health care provider

17  for women under 40 years of age and having a family history

18  of breast cancer, prior personal history of breast cancer,

19  positive genetic testing, or other risk factors.

20  (4) For a group policy of accident and health

21  insurance that is amended, delivered, issued, or renewed

22  on or after January 1, 2020 (the effective date of Public

23  Act 101-580) this amendatory Act of the 101st General

24  Assembly, a comprehensive ultrasound screening of an

25  entire breast or breasts if a mammogram demonstrates

26  heterogeneous or dense breast tissue or when medically
    SB2394 Enrolled          - 1030 - LRB104 09208 AMC 19265 b

1   necessary as determined by a physician licensed to

2   practice medicine in all of its branches, advanced

3   practice registered nurse, or physician assistant.

4   (5) For a group policy of accident and health

5   insurance that is amended, delivered, issued, or renewed

6   on or after January 1, 2020 (the effective date of Public

7   Act 101-580) this amendatory Act of the 101st General

8   Assembly, a diagnostic mammogram when medically necessary,

9   as determined by a physician licensed to practice medicine

10  in all its branches, advanced practice registered nurse,

11  or physician assistant.

12  A policy subject to this subsection shall not impose a

13 deductible, coinsurance, copayment, or any other cost-sharing

14 requirement on the coverage provided; except that this

15 sentence does not apply to coverage of diagnostic mammograms

16 to the extent such coverage would disqualify a high-deductible

17 health plan from eligibility for a health savings account

18 pursuant to Section 223 of the Internal Revenue Code (26

19 U.S.C. 223).

20  For purposes of this subsection:

21  "Diagnostic mammogram" means a mammogram obtained using

22 diagnostic mammography.

23  "Diagnostic mammography" means a method of screening that

24 is designed to evaluate an abnormality in a breast, including

25 an abnormality seen or suspected on a screening mammogram or a

26 subjective or objective abnormality otherwise detected in the
    SB2394 Enrolled  - 1031 - LRB104 09208 AMC 19265 b

1 breast.

2   "Low-dose mammography" means the x-ray examination of the

3 breast using equipment dedicated specifically for mammography,

4 including the x-ray tube, filter, compression device, and

5 image receptor, with an average radiation exposure delivery of

6 less than one rad per breast for 2 views of an average size

7 breast. The term also includes digital mammography.

8   (d-5) Coverage as described by subsection (d) shall be

9 provided at no cost to the insured and shall not be applied to

10 an annual or lifetime maximum benefit.

11  (d-10) When health care services are available through

12 contracted providers and a person does not comply with plan

13 provisions specific to the use of contracted providers, the

14 requirements of subsection (d-5) are not applicable. When a

15 person does not comply with plan provisions specific to the

16 use of contracted providers, plan provisions specific to the

17 use of non-contracted providers must be applied without

18 distinction for coverage required by this Section and shall be

19 at least as favorable as for other radiological examinations

20 covered by the policy or contract.

21  (d-15) If a county, including a home rule county, is a

22 self-insurer for purposes of providing health insurance

23 coverage for its employees, the insurance coverage shall

24 include mastectomy coverage, which includes coverage for

25 prosthetic devices or reconstructive surgery incident to the

26 mastectomy. Coverage for breast reconstruction in connection
    SB2394 Enrolled  - 1032 - LRB104 09208 AMC 19265 b

1 with a mastectomy shall include:

2   (1) reconstruction of the breast upon which the

3   mastectomy has been performed;

4   (2) surgery and reconstruction of the other breast to

5   produce a symmetrical appearance; and

6   (3) prostheses and treatment for physical

7   complications at all stages of mastectomy, including

8   lymphedemas.

9 Care shall be determined in consultation with the attending

10 physician and the patient. The offered coverage for prosthetic

11 devices and reconstructive surgery shall be subject to the

12 deductible and coinsurance conditions applied to the

13 mastectomy, and all other terms and conditions applicable to

14 other benefits. When a mastectomy is performed and there is no

15 evidence of malignancy then the offered coverage may be

16 limited to the provision of prosthetic devices and

17 reconstructive surgery to within 2 years after the date of the

18 mastectomy. As used in this Section, "mastectomy" means the

19 removal of all or part of the breast for medically necessary

20 reasons, as determined by a licensed physician.

21  A county, including a home rule county, that is a

22 self-insurer for purposes of providing health insurance

23 coverage for its employees, may not penalize or reduce or

24 limit the reimbursement of an attending provider or provide

25 incentives (monetary or otherwise) to an attending provider to

26 induce the provider to provide care to an insured in a manner
    SB2394 Enrolled         - 1033 - LRB104 09208 AMC 19265 b

1 inconsistent with this Section.

2   (d-20) The requirement that mammograms be included in

3 health insurance coverage as provided in subsections (d)

4 through (d-15) is an exclusive power and function of the State

5 and is a denial and limitation under Article VII, Section 6,

6 subsection (h) of the Illinois Constitution of home rule

7 county powers. A home rule county to which subsections (d)

8 through (d-15) apply must comply with every provision of those

9 subsections.

10  (d-25) If a county, including a home rule county, is a

11 self-insurer for purposes of providing health insurance

12 coverage, the insurance coverage shall include joint mental

13 health therapy services for any member of the sheriff's

14 office, including the sheriff, and any spouse or partner of

15 the member who resides with the member.

16  The joint mental health therapy services provided under

17 this subsection shall be performed by a physician licensed to

18 practice medicine in all of its branches, a licensed clinical

19 psychologist, a licensed clinical social worker, a licensed

20 clinical professional counselor, a licensed marriage and

21 family therapist, a licensed social worker, or a licensed

22 professional counselor.

23  This subsection is a limitation under subsection (i) of

24 Section 6 of Article VII of the Illinois Constitution on the

25 concurrent exercise by home rule units of powers and functions

26 exercised by the State.
    SB2394 Enrolled  - 1034 - LRB104 09208 AMC 19265 b

1   (e) The term "employees" as used in this Section includes

2 elected or appointed officials but does not include temporary

3 employees.

4   (f) The county board may, by ordinance, arrange to provide

5 group life, health, accident, hospital, and medical insurance,

6 or any one or a combination of those types of insurance, under

7 this Section to retired former employees and retired former

8 elected or appointed officials of the county.

9   (g) Rulemaking authority to implement this amendatory Act

10 of the 95th General Assembly, if any, is conditioned on the

11 rules being adopted in accordance with all provisions of the

12 Illinois Administrative Procedure Act and all rules and

13 procedures of the Joint Committee on Administrative Rules; any

14 purported rule not so adopted, for whatever reason, is

15 unauthorized.

16  (h) If a county, including a home rule county, is a

17 self-insurer for purposes of providing health insurance

18 coverage for its employees, the insurance coverage shall

19 include, on and after June 1, 2025, mental health counseling

20 for any county employee who is a first responder without

21 imposing a deductible, coinsurance, copayment, or any other

22 cost-sharing requirement on the coverage provided, except that

23 this subsection does not apply to the extent such coverage

24 would disqualify a high-deductible health plan from

25 eligibility for a health savings account pursuant to Section

26 223 of the Internal Revenue Code.
    SB2394 Enrolled    - 1035 - LRB104 09208 AMC 19265 b

1   The requirement that mental health counseling be included

2 in health insurance coverage as provided in this subsection is

3 an exclusive power and function of the State and is a denial

4 and limitation under Article VII, Section 6, subsection (h) of

5 the Illinois Constitution of home rule county powers.

6   As used in this subsection:

7   "First responders" means police and corrections officers,

8 deputy sheriffs, firefighters, emergency medical services

9 personnel, as that term is defined in Section 3.5 of the

10 Emergency Medical Services (EMS) Systems Act, dispatched

11 pursuant to a 9-1-1 call, emergency medical dispatchers, as

12 that term is defined in Section 3.70 of the Emergency Medical

13 Services (EMS) Systems Act, public safety telecommunicators,

14 as that term is defined in Section 2 of the Emergency Telephone

15 System Act, and mental health professionals employed and

16 dispatched by any unit of local government in response to

17 emergency crisis calls received on public emergency service

18 lines instead of or in conjunction with law enforcement.

19  "Mental health counseling" means counseling therapy

20 sessions provided by a clinical social worker, professional

21 counselor, or licensed psychologist.

22 (Source: P.A. 103-818, eff. 1-1-25; 103-1011, eff. 1-1-25;

23 revised 11-26-24.)

24  (Text of Section after amendment by P.A. 103-808)

25  Sec. 5-1069. Group life, health, accident, hospital, and
    SB2394 Enrolled   - 1036 - LRB104 09208 AMC 19265 b

1 medical insurance.

2   (a) The county board of any county may arrange to provide,

3 for the benefit of employees of the county, group life,

4 health, accident, hospital, and medical insurance, or any one

5 or any combination of those types of insurance, or the county

6 board may self-insure, for the benefit of its employees, all

7 or a portion of the employees' group life, health, accident,

8 hospital, and medical insurance, or any one or any combination

9 of those types of insurance, including a combination of

10 self-insurance and other types of insurance authorized by this

11 Section, provided that the county board complies with all

12 other requirements of this Section. The insurance may include

13 provision for employees who rely on treatment by prayer or

14 spiritual means alone for healing in accordance with the

15 tenets and practice of a well recognized religious

16 denomination. The county board may provide for payment by the

17 county of a portion or all of the premium or charge for the

18 insurance with the employee paying the balance of the premium

19 or charge, if any. If the county board undertakes a plan under

20 which the county pays only a portion of the premium or charge,

21 the county board shall provide for withholding and deducting

22 from the compensation of those employees who consent to join

23 the plan the balance of the premium or charge for the

24 insurance.

25  (b) If the county board does not provide for

26 self-insurance or for a plan under which the county pays a
    SB2394 Enrolled  - 1037 - LRB104 09208 AMC 19265 b

1 portion or all of the premium or charge for a group insurance

2 plan, the county board may provide for withholding and

3 deducting from the compensation of those employees who consent

4 thereto the total premium or charge for any group life,

5 health, accident, hospital, and medical insurance.

6   (c) The county board may exercise the powers granted in

7 this Section only if it provides for self-insurance or, where

8 it makes arrangements to provide group insurance through an

9 insurance carrier, if the kinds of group insurance are

10 obtained from an insurance company authorized to do business

11 in the State of Illinois. The county board may enact an

12 ordinance prescribing the method of operation of the insurance

13 program.

14  (d) If a county, including a home rule county, is a

15 self-insurer for purposes of providing health insurance

16 coverage for its employees, the insurance coverage shall

17 include screening by low-dose mammography for all patients 35

18 years of age or older for the presence of occult breast cancer

19 unless the county elects to provide mammograms itself under

20 Section 5-1069.1. The coverage shall be as follows:

21  (1) A baseline mammogram for patients 35 to 39 years

22  of age.

23  (2) An annual mammogram for patients 40 years of age

24  or older.

25  (3) A mammogram at the age and intervals considered

26  medically necessary by the patient's health care provider
    SB2394 Enrolled  - 1038 - LRB104 09208 AMC 19265 b

1   for patients under 40 years of age and having a family

2   history of breast cancer, prior personal history of breast

3   cancer, positive genetic testing, or other risk factors.

4   (4) For a group policy of accident and health

5   insurance that is amended, delivered, issued, or renewed

6   on or after January 1, 2020 (the effective date of Public

7   Act 101-580), a comprehensive ultrasound screening of an

8   entire breast or breasts if a mammogram demonstrates

9   heterogeneous or dense breast tissue or when medically

10  necessary as determined by a physician licensed to

11  practice medicine in all of its branches, advanced

12  practice registered nurse, or physician assistant.

13  (4.5) For a group policy of accident and health

14  insurance that is amended, delivered, issued, or renewed

15  on or after January 1, 2026 (the effective date of Public

16  Act 103-808) this amendatory Act of the 103rd General

17  Assembly, molecular breast imaging (MBI) and magnetic

18  resonance imaging of an entire breast or breasts if a

19  mammogram demonstrates heterogeneous or dense breast

20  tissue or when medically necessary as determined by a

21  physician licensed to practice medicine in all of its

22  branches, advanced practice registered nurse, or physician

23  assistant.

24  (5) For a group policy of accident and health

25  insurance that is amended, delivered, issued, or renewed

26  on or after January 1, 2020 (the effective date of Public
    SB2394 Enrolled         - 1039 - LRB104 09208 AMC 19265 b

1   Act 101-580), a diagnostic mammogram when medically

2   necessary, as determined by a physician licensed to

3   practice medicine in all its branches, advanced practice

4   registered nurse, or physician assistant.

5   A policy subject to this subsection shall not impose a

6 deductible, coinsurance, copayment, or any other cost-sharing

7 requirement on the coverage provided; except that this

8 sentence does not apply to coverage of diagnostic mammograms

9 to the extent such coverage would disqualify a high-deductible

10 health plan from eligibility for a health savings account

11 pursuant to Section 223 of the Internal Revenue Code (26

12 U.S.C. 223).

13  For purposes of this subsection:

14  "Diagnostic mammogram" means a mammogram obtained using

15 diagnostic mammography.

16  "Diagnostic mammography" means a method of screening that

17 is designed to evaluate an abnormality in a breast, including

18 an abnormality seen or suspected on a screening mammogram or a

19 subjective or objective abnormality otherwise detected in the

20 breast.

21  "Low-dose mammography" means the x-ray examination of the

22 breast using equipment dedicated specifically for mammography,

23 including the x-ray tube, filter, compression device, and

24 image receptor, with an average radiation exposure delivery of

25 less than one rad per breast for 2 views of an average size

26 breast. The term also includes digital mammography.
    SB2394 Enrolled  - 1040 - LRB104 09208 AMC 19265 b

1   (d-5) Coverage as described by subsection (d) shall be

2 provided at no cost to the insured and shall not be applied to

3 an annual or lifetime maximum benefit.

4   (d-10) When health care services are available through

5 contracted providers and a person does not comply with plan

6 provisions specific to the use of contracted providers, the

7 requirements of subsection (d-5) are not applicable. When a

8 person does not comply with plan provisions specific to the

9 use of contracted providers, plan provisions specific to the

10 use of non-contracted providers must be applied without

11 distinction for coverage required by this Section and shall be

12 at least as favorable as for other radiological examinations

13 covered by the policy or contract.

14  (d-15) If a county, including a home rule county, is a

15 self-insurer for purposes of providing health insurance

16 coverage for its employees, the insurance coverage shall

17 include mastectomy coverage, which includes coverage for

18 prosthetic devices or reconstructive surgery incident to the

19 mastectomy. Coverage for breast reconstruction in connection

20 with a mastectomy shall include:

21  (1) reconstruction of the breast upon which the

22  mastectomy has been performed;

23  (2) surgery and reconstruction of the other breast to

24  produce a symmetrical appearance; and

25  (3) prostheses and treatment for physical

26  complications at all stages of mastectomy, including
    SB2394 Enrolled  - 1041 - LRB104 09208 AMC 19265 b

1   lymphedemas.

2 Care shall be determined in consultation with the attending

3 physician and the patient. The offered coverage for prosthetic

4 devices and reconstructive surgery shall be subject to the

5 deductible and coinsurance conditions applied to the

6 mastectomy, and all other terms and conditions applicable to

7 other benefits. When a mastectomy is performed and there is no

8 evidence of malignancy then the offered coverage may be

9 limited to the provision of prosthetic devices and

10 reconstructive surgery to within 2 years after the date of the

11 mastectomy. As used in this Section, "mastectomy" means the

12 removal of all or part of the breast for medically necessary

13 reasons, as determined by a licensed physician.

14  A county, including a home rule county, that is a

15 self-insurer for purposes of providing health insurance

16 coverage for its employees, may not penalize or reduce or

17 limit the reimbursement of an attending provider or provide

18 incentives (monetary or otherwise) to an attending provider to

19 induce the provider to provide care to an insured in a manner

20 inconsistent with this Section.

21  (d-20) The requirement that mammograms be included in

22 health insurance coverage as provided in subsections (d)

23 through (d-15) is an exclusive power and function of the State

24 and is a denial and limitation under Article VII, Section 6,

25 subsection (h) of the Illinois Constitution of home rule

26 county powers. A home rule county to which subsections (d)
    SB2394 Enrolled         - 1042 - LRB104 09208 AMC 19265 b

1 through (d-15) apply must comply with every provision of those

2 subsections.

3   (d-25) If a county, including a home rule county, is a

4 self-insurer for purposes of providing health insurance

5 coverage, the insurance coverage shall include joint mental

6 health therapy services for any member of the sheriff's

7 office, including the sheriff, and any spouse or partner of

8 the member who resides with the member.

9   The joint mental health therapy services provided under

10 this subsection shall be performed by a physician licensed to

11 practice medicine in all of its branches, a licensed clinical

12 psychologist, a licensed clinical social worker, a licensed

13 clinical professional counselor, a licensed marriage and

14 family therapist, a licensed social worker, or a licensed

15 professional counselor.

16  This subsection is a limitation under subsection (i) of

17 Section 6 of Article VII of the Illinois Constitution on the

18 concurrent exercise by home rule units of powers and functions

19 exercised by the State.

20  (e) The term "employees" as used in this Section includes

21 elected or appointed officials but does not include temporary

22 employees.

23  (f) The county board may, by ordinance, arrange to provide

24 group life, health, accident, hospital, and medical insurance,

25 or any one or a combination of those types of insurance, under

26 this Section to retired former employees and retired former
    SB2394 Enrolled  - 1043 - LRB104 09208 AMC 19265 b

1 elected or appointed officials of the county.

2   (g) Rulemaking authority to implement this amendatory Act

3 of the 95th General Assembly, if any, is conditioned on the

4 rules being adopted in accordance with all provisions of the

5 Illinois Administrative Procedure Act and all rules and

6 procedures of the Joint Committee on Administrative Rules; any

7 purported rule not so adopted, for whatever reason, is

8 unauthorized.

9   (h) If a county, including a home rule county, is a

10 self-insurer for purposes of providing health insurance

11 coverage for its employees, the insurance coverage shall

12 include, on and after June 1, 2025, mental health counseling

13 for any county employee who is a first responder without

14 imposing a deductible, coinsurance, copayment, or any other

15 cost-sharing requirement on the coverage provided, except that

16 this subsection does not apply to the extent such coverage

17 would disqualify a high-deductible health plan from

18 eligibility for a health savings account pursuant to Section

19 223 of the Internal Revenue Code.

20  The requirement that mental health counseling be included

21 in health insurance coverage as provided in this subsection is

22 an exclusive power and function of the State and is a denial

23 and limitation under Article VII, Section 6, subsection (h) of

24 the Illinois Constitution of home rule county powers.

25  As used in this subsection:

26  "First responders" means police and corrections officers,
    SB2394 Enrolled       - 1044 - LRB104 09208 AMC 19265 b

1 deputy sheriffs, firefighters, emergency medical services

2 personnel, as that term is defined in Section 3.5 of the

3 Emergency Medical Services (EMS) Systems Act, dispatched

4 pursuant to a 9-1-1 call, emergency medical dispatchers, as

5 that term is defined in Section 3.70 of the Emergency Medical

6 Services (EMS) Systems Act, public safety telecommunicators,

7 as that term is defined in Section 2 of the Emergency Telephone

8 System Act, and mental health professionals employed and

9 dispatched by any unit of local government in response to

10 emergency crisis calls received on public emergency service

11 lines instead of or in conjunction with law enforcement.

12  "Mental health counseling" means counseling therapy

13 sessions provided by a clinical social worker, professional

14 counselor, or licensed psychologist.

15 (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25;

16 103-1011, eff. 1-1-25; revised 11-26-24.)

17  (55 ILCS 5/5-1069.3)

18  Sec. 5-1069.3. Required health benefits. If a county,

19 including a home rule county, is a self-insurer for purposes

20 of providing health insurance coverage for its employees, the

21 coverage shall include coverage for the post-mastectomy care

22 benefits required to be covered by a policy of accident and

23 health insurance under Section 356t and the coverage required

24 under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,

25 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
    SB2394 Enrolled            - 1045 - LRB104 09208 AMC 19265 b

1 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

2 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,

3 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,

4 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,

5 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71,

6 356z.74, and 356z.77 of the Illinois Insurance Code. The

7 coverage shall comply with Sections 155.22a, 355b, 356z.19,

8 and 370c of the Illinois Insurance Code. The Department of

9 Insurance shall enforce the requirements of this Section. The

10 requirement that health benefits be covered as provided in

11 this Section is an exclusive power and function of the State

12 and is a denial and limitation under Article VII, Section 6,

13 subsection (h) of the Illinois Constitution. A home rule

14 county to which this Section applies must comply with every

15 provision of this Section.

16  Rulemaking authority to implement Public Act 95-1045, if

17 any, is conditioned on the rules being adopted in accordance

18 with all provisions of the Illinois Administrative Procedure

19 Act and all rules and procedures of the Joint Committee on

20 Administrative Rules; any purported rule not so adopted, for

21 whatever reason, is unauthorized.

22 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

23 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

24 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,

25 eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

26 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
    SB2394 Enrolled     - 1046 - LRB104 09208 AMC 19265 b

1 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
2 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
3 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
4 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
5 eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
6 revised 11-26-24.)

7   (55 ILCS 5/5-1189)

8   Sec. 5-1189. Shelby County rescue squad. The Shelby County

9 Board may form, manage, fund, and operate a volunteer rescue

10 squad to provide assistance within Shelby County to any public

11 entity providing law enforcement, firefighting, emergency

12 disaster response, or first responder services. The volunteer

13 rescue squad may (i) locate missing persons, including

14 drowning victims, (ii) perform a supporting, and not direct,

15 role in fighting fires, and (iii) extricate persons from

16 unsafe conditions. The Shelby County Board may provide

17 benefits for rescue squad volunteers who suffer disease,

18 injury, or death in the line of duty.

19 (Source: P.A. 103-895, eff. 1-1-25.)

20  (55 ILCS 5/5-1190)

21  Sec. 5-1190 5-1189. Access to and use of county

22 infrastructure for broadband. A county may lease, license, or

23 otherwise grant access to and use of infrastructure, including

24 fiber optic cables, that the county owns or controls to public
    SB2394 Enrolled     - 1047 - LRB104 09208 AMC 19265 b

 1 or private entities to facilitate the delivery of broadband
 2 services on the condition that the lease, license, access, or
 3 use: (1) be granted on a nondiscriminatory, nonexclusive, and
 4 competitively neutral basis; and (2) comply with all other
 5 State and federal laws, rules, and regulations, including, but
 6 not limited to, all applicable safety codes and requirements.
 7 However, nothing in this Section shall be construed to
 8 authorize a county to lease, license, or otherwise grant
 9 access to or use of infrastructure that the county does not own
10 or control to public or private entities to facilitate the
11 delivery of broadband services. This Section applies to
12 leases, licenses, or other agreements entered into, amended,
13 or renewed on or after January 1, 2025 (the effective date of
14 Public Act 103-947) this amendatory Act of the 103rd General
15 Assembly.
16 (Source: P.A. 103-947, eff. 1-1-25; revised 12-3-24.)

17  (55 ILCS 5/5-1191)

18  Sec. 5-1191 5-1189. Transportation to problem-solving

19 courts.

20  (a) As used in this Section, "problem-solving court" means

21 a court program regulated under the Drug Court Treatment Act,

22 the Juvenile Drug Court Treatment Act, the Mental Health Court

23 Treatment Act, or the Veterans and Servicemembers Court

24 Treatment Act.

25  (b) Notwithstanding any other provision of law, a county
    SB2394 Enrolled       - 1048 - LRB104 09208 AMC 19265 b

1 may use funds designated by law or ordinance for
2 transportation purposes to fund rides for persons to attend
3 problem-solving courts. The county may enter into an
4 intergovernmental agreement with another unit of local
5 government for the purposes of this Section.
6 (Source: P.A. 103-988, eff. 1-1-25; revised 12-3-24.)

7   (55 ILCS 5/5-12020)

8   Sec. 5-12020. Commercial wind energy facilities and

9 commercial solar energy facilities.

10  (a) As used in this Section:

11  "Commercial solar energy facility" means a "commercial

12 solar energy system" as defined in Section 10-720 of the

13 Property Tax Code. "Commercial solar energy facility" does not

14 mean a utility-scale solar energy facility being constructed

15 at a site that was eligible to participate in a procurement

16 event conducted by the Illinois Power Agency pursuant to

17 subsection (c-5) of Section 1-75 of the Illinois Power Agency

18 Act.

19  "Commercial wind energy facility" means a wind energy

20 conversion facility of equal or greater than 500 kilowatts in

21 total nameplate generating capacity. "Commercial wind energy

22 facility" includes a wind energy conversion facility seeking

23 an extension of a permit to construct granted by a county or

24 municipality before January 27, 2023 (the effective date of

25 Public Act 102-1123).
    SB2394 Enrolled  - 1049 - LRB104 09208 AMC 19265 b

1   "Facility owner" means (i) a person with a direct

2 ownership interest in a commercial wind energy facility or a

3 commercial solar energy facility, or both, regardless of

4 whether the person is involved in acquiring the necessary

5 rights, permits, and approvals or otherwise planning for the

6 construction and operation of the facility, and (ii) at the

7 time the facility is being developed, a person who is acting as

8 a developer of the facility by acquiring the necessary rights,

9 permits, and approvals or by planning for the construction and

10 operation of the facility, regardless of whether the person

11 will own or operate the facility.

12  "Nonparticipating property" means real property that is

13 not a participating property.

14  "Nonparticipating residence" means a residence that is

15 located on nonparticipating property and that is existing and

16 occupied on the date that an application for a permit to

17 develop the commercial wind energy facility or the commercial

18 solar energy facility is filed with the county.

19  "Occupied community building" means any one or more of the

20 following buildings that is existing and occupied on the date

21 that the application for a permit to develop the commercial

22 wind energy facility or the commercial solar energy facility

23 is filed with the county: a school, place of worship, day care

24 facility, public library, or community center.

25  "Participating property" means real property that is the

26 subject of a written agreement between a facility owner and
    SB2394 Enrolled  - 1050 - LRB104 09208 AMC 19265 b

1 the owner of the real property that provides the facility

2 owner an easement, option, lease, or license to use the real

3 property for the purpose of constructing a commercial wind

4 energy facility, a commercial solar energy facility, or

5 supporting facilities. "Participating property" also includes

6 real property that is owned by a facility owner for the purpose

7 of constructing a commercial wind energy facility, a

8 commercial solar energy facility, or supporting facilities.

9   "Participating residence" means a residence that is

10 located on participating property and that is existing and

11 occupied on the date that an application for a permit to

12 develop the commercial wind energy facility or the commercial

13 solar energy facility is filed with the county.

14  "Protected lands" means real property that is:

15      (1) subject to a permanent conservation right

16  consistent with the Real Property Conservation Rights Act;

17  or

18      (2) registered or designated as a nature preserve,

19  buffer, or land and water reserve under the Illinois

20  Natural Areas Preservation Act.

21  "Supporting facilities" means the transmission lines,

22 substations, access roads, meteorological towers, storage

23 containers, and equipment associated with the generation and

24 storage of electricity by the commercial wind energy facility

25 or commercial solar energy facility.

26  "Wind tower" includes the wind turbine tower, nacelle, and
    SB2394 Enrolled  - 1051 - LRB104 09208 AMC 19265 b

1 blades.

2   (b) Notwithstanding any other provision of law or whether

3 the county has formed a zoning commission and adopted formal

4 zoning under Section 5-12007, a county may establish standards

5 for commercial wind energy facilities, commercial solar energy

6 facilities, or both. The standards may include all of the

7 requirements specified in this Section but may not include

8 requirements for commercial wind energy facilities or

9 commercial solar energy facilities that are more restrictive

10 than specified in this Section. A county may also regulate the

11 siting of commercial wind energy facilities with standards

12 that are not more restrictive than the requirements specified

13 in this Section in unincorporated areas of the county that are

14 outside the zoning jurisdiction of a municipality and that are

15 outside the 1.5-mile radius surrounding the zoning

16 jurisdiction of a municipality.

17  (c) If a county has elected to establish standards under

18 subsection (b), before the county grants siting approval or a

19 special use permit for a commercial wind energy facility or a

20 commercial solar energy facility, or modification of an

21 approved siting or special use permit, the county board of the

22 county in which the facility is to be sited or the zoning board

23 of appeals for the county shall hold at least one public

24 hearing. The public hearing shall be conducted in accordance

25 with the Open Meetings Act and shall be held not more than 60

26 days after the filing of the application for the facility. The
    SB2394 Enrolled  - 1052 - LRB104 09208 AMC 19265 b

1 county shall allow interested parties to a special use permit

2 an opportunity to present evidence and to cross-examine

3 witnesses at the hearing, but the county may impose reasonable

4 restrictions on the public hearing, including reasonable time

5 limitations on the presentation of evidence and the

6 cross-examination of witnesses. The county shall also allow

7 public comment at the public hearing in accordance with the

8 Open Meetings Act. The county shall make its siting and

9 permitting decisions not more than 30 days after the

10 conclusion of the public hearing. Notice of the hearing shall

11 be published in a newspaper of general circulation in the

12 county. A facility owner must enter into an agricultural

13 impact mitigation agreement with the Department of Agriculture

14 prior to the date of the required public hearing. A commercial

15 wind energy facility owner seeking an extension of a permit

16 granted by a county prior to July 24, 2015 (the effective date

17 of Public Act 99-132) must enter into an agricultural impact

18 mitigation agreement with the Department of Agriculture prior

19 to a decision by the county to grant the permit extension.

20 Counties may allow test wind towers or test solar energy

21 systems to be sited without formal approval by the county

22 board.

23  (d) A county with an existing zoning ordinance in conflict

24 with this Section shall amend that zoning ordinance to be in

25 compliance with this Section within 120 days after January 27,

26 2023 (the effective date of Public Act 102-1123).
    SB2394 Enrolled          - 1053 - LRB104 09208 AMC 19265 b

1   (e) A county may require:

2   (1) a wind tower of a commercial wind energy facility

3   to be sited as follows, with setback distances measured

4   from the center of the base of the wind tower:

5 Setback Description          Setback Distance

6 Occupied Community           2.1 times the maximum blade tip
7 Buildings                    height of the wind tower to the
8                              nearest point on the outside
9                              wall of the structure

10 Participating Residences    1.1 times the maximum blade tip
11                             height of the wind tower to the
12                             nearest point on the outside
13                             wall of the structure

14 Nonparticipating Residences 2.1 times the maximum blade tip

15                             height of the wind tower to the

16                             nearest point on the outside

17                             wall of the structure

18 Boundary Lines of           None
19 Participating Property

20 Boundary Lines of           1.1 times the maximum blade tip
SB2394 Enrolled              - 1054 - LRB104 09208 AMC 19265 b

1 Nonparticipating Property  height of the wind tower to the
2                            nearest point on the property
3                            line of the nonparticipating
4                            property

5 Public Road Rights-of-Way  1.1 times the maximum blade tip
6                            height of the wind tower
7                            to the center point of the
8                            public road right-of-way

9 Overhead Communication and 1.1 times the maximum blade tip

10 Electric Transmission     height of the wind tower to the

11 and Distribution Facilities nearest edge of the property

12 (Not Including Overhead   line, easement, or

13 Utility Service Lines to  right-of-way

14 Individual Houses or      containing the overhead line

15 Outbuildings)

16 Overhead Utility Service  None
17 Lines to Individual
18 Houses or Outbuildings

19 Fish and Wildlife Areas   2.1 times the maximum blade
20 and Illinois Nature       tip height of the wind tower
21 Preserve Commission       to the nearest point on the
22 Protected Lands           property line of the fish and
    SB2394 Enrolled        - 1055 - LRB104 09208 AMC 19265 b

1                          wildlife area or protected

2                          land

3   This Section does not exempt or excuse compliance with

4   electric facility clearances approved or required by the

5   National Electrical Code, the The National Electrical

6   Safety Code, the Illinois Commerce Commission, and the

7   Federal Energy Regulatory Commission, and their designees

8   or successors;.

9   (2) a wind tower of a commercial wind energy facility

10  to be sited so that industry standard computer modeling

11  indicates that any occupied community building or

12  nonparticipating residence will not experience more than

13  30 hours per year of shadow flicker under planned

14  operating conditions;

15  (3) a commercial solar energy facility to be sited as

16  follows, with setback distances measured from the nearest

17  edge of any component of the facility:

18 Setback Description     Setback Distance

19 Occupied Community      150 feet from the nearest

20 Buildings and Dwellings on point on the outside wall

21 Nonparticipating Properties of the structure

22 Boundary Lines of       None
23 Participating Property
    SB2394 Enrolled          - 1056 - LRB104 09208 AMC 19265 b

1 Public Road Rights-of-Way   50 feet from the nearest
2                             edge

3 Boundary Lines of           50 feet to the nearest
4 Nonparticipating Property   point on the property
5                             line of the nonparticipating
6                             property

7   (4) a commercial solar energy facility to be sited so

8   that the facility's perimeter is enclosed by fencing

9   having a height of at least 6 feet and no more than 25

10  feet; and

11  (5) a commercial solar energy facility to be sited so

12  that no component of a solar panel has a height of more

13  than 20 feet above ground when the solar energy facility's

14  arrays are at full tilt.

15  The requirements set forth in this subsection (e) may be

16 waived subject to the written consent of the owner of each

17 affected nonparticipating property.

18  (f) A county may not set a sound limitation for wind towers

19 in commercial wind energy facilities or any components in

20 commercial solar energy facilities that is more restrictive

21 than the sound limitations established by the Illinois

22 Pollution Control Board under 35 Ill. Adm. Code Parts 900,

23 901, and 910.
    SB2394 Enrolled         - 1057 - LRB104 09208 AMC 19265 b

1   (g) A county may not place any restriction on the

2 installation or use of a commercial wind energy facility or a

3 commercial solar energy facility unless it adopts an ordinance

4 that complies with this Section. A county may not establish

5 siting standards for supporting facilities that preclude

6 development of commercial wind energy facilities or commercial

7 solar energy facilities.

8   A request for siting approval or a special use permit for a

9 commercial wind energy facility or a commercial solar energy

10 facility, or modification of an approved siting or special use

11 permit, shall be approved if the request is in compliance with

12 the standards and conditions imposed in this Act, the zoning

13 ordinance adopted consistent with this Code, and the

14 conditions imposed under State and federal statutes and

15 regulations.

16  (h) A county may not adopt zoning regulations that

17 disallow, permanently or temporarily, commercial wind energy

18 facilities or commercial solar energy facilities from being

19 developed or operated in any district zoned to allow

20 agricultural or industrial uses.

21  (i) A county may not require permit application fees for a

22 commercial wind energy facility or commercial solar energy

23 facility that are unreasonable. All application fees imposed

24 by the county shall be consistent with fees for projects in the

25 county with similar capital value and cost.

26  (j) Except as otherwise provided in this Section, a county
    SB2394 Enrolled  - 1058 - LRB104 09208 AMC 19265 b

1 shall not require standards for construction, decommissioning,

2 or deconstruction of a commercial wind energy facility or

3 commercial solar energy facility or related financial

4 assurances that are more restrictive than those included in

5 the Department of Agriculture's standard wind farm

6 agricultural impact mitigation agreement, template 81818, or

7 standard solar agricultural impact mitigation agreement,

8 version 8.19.19, as applicable and in effect on December 31,

9 2022. The amount of any decommissioning payment shall be in

10 accordance with the financial assurance required by those

11 agricultural impact mitigation agreements.

12  (j-5) A commercial wind energy facility or a commercial

13 solar energy facility shall file a farmland drainage plan with

14 the county and impacted drainage districts outlining how

15 surface and subsurface drainage of farmland will be restored

16 during and following construction or deconstruction of the

17 facility. The plan is to be created independently by the

18 facility developer and shall include the location of any

19 potentially impacted drainage district facilities to the

20 extent this information is publicly available from the county

21 or the drainage district, plans to repair any subsurface

22 drainage affected during construction or deconstruction using

23 procedures outlined in the agricultural impact mitigation

24 agreement entered into by the commercial wind energy facility

25 owner or commercial solar energy facility owner, and

26 procedures for the repair and restoration of surface drainage
    SB2394 Enrolled     - 1059 - LRB104 09208 AMC 19265 b

1 affected during construction or deconstruction. All surface

2 and subsurface damage shall be repaired as soon as reasonably

3 practicable.

4   (k) A county may not condition approval of a commercial

5 wind energy facility or commercial solar energy facility on a

6 property value guarantee and may not require a facility owner

7 to pay into a neighboring property devaluation escrow account.

8   (l) A county may require certain vegetative screening

9 surrounding a commercial wind energy facility or commercial

10 solar energy facility but may not require earthen berms or

11 similar structures.

12  (m) A county may set blade tip height limitations for wind

13 towers in commercial wind energy facilities but may not set a

14 blade tip height limitation that is more restrictive than the

15 height allowed under a Determination of No Hazard to Air

16 Navigation by the Federal Aviation Administration under 14 CFR

17 Part 77.

18  (n) A county may require that a commercial wind energy

19 facility owner or commercial solar energy facility owner

20 provide:

21           (1) the results and recommendations from consultation

22  with the Illinois Department of Natural Resources that are

23  obtained through the Ecological Compliance Assessment Tool

24  (EcoCAT) or a comparable successor tool; and

25           (2) the results of the United States Fish and Wildlife

26  Service's Information for Planning and Consulting
    SB2394 Enrolled           - 1060 - LRB104 09208 AMC 19265 b

1   environmental review or a comparable successor tool that

2   is consistent with (i) the "U.S. Fish and Wildlife

3   Service's Land-Based Wind Energy Guidelines" and (ii) any

4   applicable United States Fish and Wildlife Service solar

5   wildlife guidelines that have been subject to public

6   review.

7   (o) A county may require a commercial wind energy facility

8 or commercial solar energy facility to adhere to the

9 recommendations provided by the Illinois Department of Natural

10 Resources in an EcoCAT natural resource review report under 17

11 Ill. Adm. Code Part 1075.

12  (p) A county may require a facility owner to:

13  (1) demonstrate avoidance of protected lands as

14  identified by the Illinois Department of Natural Resources

15  and the Illinois Nature Preserve Commission; or

16  (2) consider the recommendations of the Illinois

17  Department of Natural Resources for setbacks from

18  protected lands, including areas identified by the

19  Illinois Nature Preserve Commission.

20  (q) A county may require that a facility owner provide

21 evidence of consultation with the Illinois State Historic

22 Preservation Office to assess potential impacts on

23 State-registered historic sites under the Illinois State

24 Agency Historic Resources Preservation Act.

25  (r) To maximize community benefits, including, but not

26 limited to, reduced stormwater runoff, flooding, and erosion
    SB2394 Enrolled  - 1061 - LRB104 09208 AMC 19265 b

1 at the ground mounted solar energy system, improved soil

2 health, and increased foraging habitat for game birds,

3 songbirds, and pollinators, a county may (1) require a

4 commercial solar energy facility owner to plant, establish,

5 and maintain for the life of the facility vegetative ground

6 cover, consistent with the goals of the Pollinator-Friendly

7 Solar Site Act and (2) require the submittal of a vegetation

8 management plan that is in compliance with the agricultural

9 impact mitigation agreement in the application to construct

10 and operate a commercial solar energy facility in the county

11 if the vegetative ground cover and vegetation management plan

12 comply with the requirements of the underlying agreement with

13 the landowner or landowners where the facility will be

14 constructed.

15  No later than 90 days after January 27, 2023 (the

16 effective date of Public Act 102-1123), the Illinois

17 Department of Natural Resources shall develop guidelines for

18 vegetation management plans that may be required under this

19 subsection for commercial solar energy facilities. The

20 guidelines must include guidance for short-term and long-term

21 property management practices that provide and maintain native

22 and non-invasive naturalized perennial vegetation to protect

23 the health and well-being of pollinators.

24  (s) If a facility owner enters into a road use agreement

25 with the Illinois Department of Transportation, a road

26 district, or other unit of local government relating to a
    SB2394 Enrolled  - 1062 - LRB104 09208 AMC 19265 b

1 commercial wind energy facility or a commercial solar energy

2 facility, the road use agreement shall require the facility

3 owner to be responsible for (i) the reasonable cost of

4 improving roads used by the facility owner to construct the

5 commercial wind energy facility or the commercial solar energy

6 facility and (ii) the reasonable cost of repairing roads used

7 by the facility owner during construction of the commercial

8 wind energy facility or the commercial solar energy facility

9 so that those roads are in a condition that is safe for the

10 driving public after the completion of the facility's

11 construction. Roadways improved in preparation for and during

12 the construction of the commercial wind energy facility or

13 commercial solar energy facility shall be repaired and

14 restored to the improved condition at the reasonable cost of

15 the developer if the roadways have degraded or were damaged as

16 a result of construction-related activities.

17  The road use agreement shall not require the facility

18 owner to pay costs, fees, or charges for road work that is not

19 specifically and uniquely attributable to the construction of

20 the commercial wind energy facility or the commercial solar

21 energy facility. Road-related fees, permit fees, or other

22 charges imposed by the Illinois Department of Transportation,

23 a road district, or other unit of local government under a road

24 use agreement with the facility owner shall be reasonably

25 related to the cost of administration of the road use

26 agreement.
    SB2394 Enrolled  - 1063 - LRB104 09208 AMC 19265 b

1   (s-5) The facility owner shall also compensate landowners

2 for crop losses or other agricultural damages resulting from

3 damage to the drainage system caused by the construction of

4 the commercial wind energy facility or the commercial solar

5 energy facility. The commercial wind energy facility owner or

6 commercial solar energy facility owner shall repair or pay for

7 the repair of all damage to the subsurface drainage system

8 caused by the construction of the commercial wind energy

9 facility or the commercial solar energy facility in accordance

10 with the agriculture impact mitigation agreement requirements

11 for repair of drainage. The commercial wind energy facility

12 owner or commercial solar energy facility owner shall repair

13 or pay for the repair and restoration of surface drainage

14 caused by the construction or deconstruction of the commercial

15 wind energy facility or the commercial solar energy facility

16 as soon as reasonably practicable.

17  (t) Notwithstanding any other provision of law, a facility

18 owner with siting approval from a county to construct a

19 commercial wind energy facility or a commercial solar energy

20 facility is authorized to cross or impact a drainage system,

21 including, but not limited to, drainage tiles, open drainage

22 ditches, culverts, and water gathering vaults, owned or under

23 the control of a drainage district under the Illinois Drainage

24 Code without obtaining prior agreement or approval from the

25 drainage district in accordance with the farmland drainage

26 plan required by subsection (j-5).
    SB2394 Enrolled      - 1064 - LRB104 09208 AMC 19265 b

1   (u) The amendments to this Section adopted in Public Act

2 102-1123 do not apply to: (1) an application for siting

3 approval or for a special use permit for a commercial wind

4 energy facility or commercial solar energy facility if the

5 application was submitted to a unit of local government before

6 January 27, 2023 (the effective date of Public Act 102-1123);

7 (2) a commercial wind energy facility or a commercial solar

8 energy facility if the facility owner has submitted an

9 agricultural impact mitigation agreement to the Department of

10 Agriculture before January 27, 2023 (the effective date of

11 Public Act 102-1123); or (3) a commercial wind energy or

12 commercial solar energy development on property that is

13 located within an enterprise zone certified under the Illinois

14 Enterprise Zone Act, that was classified as industrial by the

15 appropriate zoning authority on or before January 27, 2023,

16 and that is located within 4 miles of the intersection of

17 Interstate 88 and Interstate 39.

18 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;

19 103-580, eff. 12-8-23; revised 7-29-24.)

20  (55 ILCS 5/5-12022)

21  Sec. 5-12022. Building permit fee for veterans with a

22 disability.

23  (a) A veteran with a disability or the veteran's caregiver

24 shall not be charged any building permit fee for improvements

25 to the residence of the veteran with a disability if the
    SB2394 Enrolled           - 1065 - LRB104 09208 AMC 19265 b

1 improvements are required to accommodate a disability of the

2 veteran. Nothing in this subsection changes the obligation of

3 any person to submit to the county applications, forms, or

4 other paperwork to obtain a building permit. A veteran or

5 caregiver must provide proof of veteran status and attest to

6 the fact that the improvements to the residence are required

7 to accommodate the veteran's disability. Proof of veteran

8 status is to be construed liberally, and veteran status shall

9 include service in the Armed Forces of the United States,

10 National Guard, or the reserves of the Armed Forces of the

11 United States.

12  (b) What constitutes proof of veteran status shall be

13 determined by the county. The Illinois Department of Veterans'

14 Affairs may not adjudicate any dispute arising under

15 subsection paragraph (a).

16  (c) A home rule county may not regulate building permit

17 fees in a manner inconsistent with this Section. This Section

18 is a limitation under subsection (i) of Section 6 of Article

19 VII of the Illinois Constitution on the concurrent exercise by

20 home rule units of powers and functions exercised by the

21 State.

22 (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)

23  (55 ILCS 5/5-12023)

24  Sec. 5-12023 5-12022. Battery-charged fences.

25  (a) As used in this Section, "battery-charged fence" means
    SB2394 Enrolled          - 1066 - LRB104 09208 AMC 19265 b

1 a fence energized by a battery that is not more than 12 volts

2 of direct current that interfaces with an alarm system in a

3 manner that enables the fence to cause the connected alarm

4 system to transmit a signal intended to notify law enforcement

5 of a potential intrusion.

6   (b) Notwithstanding any other law, a county may not

7 require a permit or other approval for the installation,

8 maintenance, placement, replacement, or servicing of a

9 battery-charged fence if (i) the battery-charged fence is

10 located on nonresidential property completely surrounded by a

11 nonelectric perimeter fence or wall that is not less than 5

12 feet in height and does not exceed 10 feet in height or 2 feet

13 higher than the nonelectric perimeter fence or wall, whichever

14 is higher, and (ii) any electrical charge produced on contact

15 does not exceed energizer characteristics set for electric

16 fences by the International Electrotechnical Commission.

17  (c) Any battery-charged fence installed under this Section

18 must have conspicuous signs located on the fence placed not

19 less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".

20  (d) A home rule county may not regulate battery-charged

21 fencing in a manner inconsistent with this Section. This

22 Section is a limitation under subsection (i) of Section 6 of

23 Article VII of the Illinois Constitution on the concurrent

24 exercise by home rule units of powers and functions exercised

25 by the State.

26 (Source: P.A. 103-796, eff. 1-1-25; revised 12-3-24.)
   SB2394 Enrolled  - 1067 - LRB104 09208 AMC 19265 b

1  (55 ILCS 5/5-15017) (from Ch. 34, par. 5-15017)

2  Sec. 5-15017. Revenue bonds. In order to pay the cost of

3 the construction, acquisition by condemnation, purchase, or

4 otherwise of any waterworks properties, or sewage facilities,

5 or a combination thereof, or waste management facilities, as

6 the case may be, and the improvement or extension from time to

7 time thereof, including engineering, inspection, legal and

8 financial fees and costs, working capital, interest on such

9 bonds during construction and for a reasonable period

10 thereafter, establishment of reserves to secure such bonds and

11 all other expenditures of such county incidental and necessary

12 or convenient thereto, the county board may issue and sell

13 revenue bonds payable solely from the income and revenue

14 derived from the operation of the waterworks properties, or

15 sewage facilities, or a combination thereof, or waste

16 management facilities, as the case may be, and may also from

17 time to time issue revenue bonds for the purpose of paying,

18 refunding, or redeeming revenue bonds before, after, or at

19 their maturity, including paying redemption premiums or

20 interest accruing or to accrue on the bonds being paid or

21 redeemed or for paying any other costs in connection with any

22 such payment or redemption. All such bonds shall be authorized

23 by ordinance to be adopted by the board, which shall be

24 separate and distinct as applies to waterworks properties and

25 as applied to sewage facilities except where the system is
    SB2394 Enrolled  - 1068 - LRB104 09208 AMC 19265 b

1 combined. Such bonds shall bear such date or dates, mature at

2 such time or serially at such times not exceeding 40 years from

3 their respective dates, may bear interest at such rate or

4 rates not exceeding the maximum rate established in the Bond

5 Authorization Act "An Act to authorize public corporations to

6 issue bonds, other evidences of indebtedness and tax

7 anticipation warrants subject to interest rate limitations set

8 forth therein", approved May 26, 1970, as from time to time in

9 effect, may be in such form, may carry such registration

10 privileges, may be executed in such manner, may be payable at

11 such place or places, may be subject to redemption in such

12 manner, and upon such terms with or without premium as is

13 stated on the face thereof, and may be executed in such manner

14 by such officers, and may contain such terms and covenants,

15 all as provided by the ordinance authorizing the issue.

16  Such bonds shall be sold in such manner as the board shall

17 determine, and if issued to bear interest at the maximum rate

18 specified in this Section shall be sold for not less than par

19 and accrued interest; however, the selling price of any bonds

20 bearing less than such maximum rate, shall be such that the

21 interest cost of the money received from the sale of the bonds

22 shall not exceed such maximum rate, computed to absolute

23 maturity, according to standard tables of bond values.

24  Notwithstanding the form or tenor thereof, and in the

25 absence of expressed recitals on the face thereof that the

26 bonds are non-negotiable, all such bonds shall be negotiable
    SB2394 Enrolled        - 1069 - LRB104 09208 AMC 19265 b

1 instruments.

2   To secure payment of any and all such bonds such ordinance

3 shall set forth the covenants and undertakings of the county

4 in connection with the issuance thereof, and the issuance of

5 additional bonds payable from the revenues or income to be

6 derived from the operation of the waterworks properties or

7 sewage facilities, or waste management facilities, as the case

8 may be, as well as the use and operation thereof, and for the

9 use and disposition for waterworks, and sewerage, and waste

10 management purposes of investment earnings on funds and

11 accounts created with respect to the revenue bonds.

12  In case any officer whose signature appears on the bond or

13 coupons attached thereto shall cease to be such officer before

14 the delivery of the bonds to the purchaser, such signature

15 shall nevertheless be valid and sufficient for all purposes to

16 the same effect as if he had remained in office until the

17 delivery of the bonds.

18  Under no circumstances shall any bonds issued or any other

19 obligation, except as set forth in Section 5-15003, incurred

20 pursuant to the provisions of this Division be or become an

21 indebtedness or an obligation of the county payable from taxes

22 and shall not in any event constitute an indebtedness of such

23 county within the meaning of the constitutional provisions or

24 limitations, and such fact shall be plainly stated on the face

25 of each bond.

26 (Source: P.A. 86-962; revised 7-30-24.)
    SB2394 Enrolled  - 1070 - LRB104 09208 AMC 19265 b

1   (55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)

2   Sec. 5-31012. Powers of district. To the extent necessary

3 to carry out the purpose of this Division and in addition to

4 any other powers, duties, and functions vested in museum

5 districts by law, but subject to limitations and restrictions

6 imposed elsewhere by this Division or other law, a museum

7 district is authorized and empowered:

8   (a) To adopt bylaws, adopt and use a common seal,

9   enter into contracts, acquire and hold real and personal

10  property, and take such other actions as may be necessary

11  for the proper conduct of its affairs.

12  (b) To make and publish all ordinances, rules, and

13  regulations necessary for the management and protection of

14  its property and the conduct of its affairs.

15  (c) To study and ascertain the museum district

16  artifacts and other materials, the need for preserving

17  such resources and providing such facilities and the

18  extent to which such needs are currently being met, and to

19  prepare and adopt coordinated plans to meet such needs.

20  (d) To acquire by gift, devise, purchase, lease,

21  agreement, or otherwise the fee or any lessor right or

22  interest in real and personal property, and to hold the

23  same with public access for those who wish to examine or

24  study it. The museum district may accept the transfer of

25  any real or personal property owned or controlled by the
    SB2394 Enrolled  - 1071 - LRB104 09208 AMC 19265 b

1   State of Illinois, the county board, or the governing body

2   of any municipality, district, or public corporation and

3   not devoted or dedicated to any other inconsistent public

4   use. In acquiring or accepting land or rights thereto, the

5   museum district shall give due consideration to its

6   historical value or county significance, and no real

7   property shall be acquired or accepted which in the

8   opinion of the museum district and the Illinois State

9   Museum is of low value as to its proposed use.

10  (e) To acquire any or all interest in real or personal

11  property by a contract for purchase providing for payment

12  in installments over a period not to exceed 10 years with

13  interest on the unpaid balance owing not to exceed an

14  amount calculated pursuant to the provisions of the Bond

15  Authorization Act "An Act to authorize public corporations

16  to issue bonds, other evidences of indebtedness and tax

17  anticipation warrants subject to interest rate limitations

18  set forth therein", approved May 26, 1970, as amended. The

19  indebtedness incurred under this subsection when

20  aggregated with existing indebtedness may not exceed the

21  debt limits provided in Section 5-31016.

22  (f) To classify, designate, plan, develop, preserve,

23  administer, and maintain all areas and facilities in which

24  it has an interest and to construct, reconstruct, alter,

25  renew, equip, and maintain buildings and other structures.

26  Any work performed on any building, appurtenance,
    SB2394 Enrolled  - 1072 - LRB104 09208 AMC 19265 b

1   structure, or area listed on the National Register of

2   Historic Places or deemed eligible for such listing shall

3   be performed within such guidelines as are established by

4   the Department of Natural Resources.

5   (g) To accept gifts, grants, bequests, contributions,

6   and appropriations of money and personal property for

7   museum district purposes.

8   (h) To employ and fix the compensation of an executive

9   officer who shall be responsible to the board for the

10  implementation of its policies. The executive officer

11  shall have the power, subject to the approval of the

12  board, to employ and fix the compensation of such

13  assistants and employees as the board may consider

14  necessary for the implementation of this Division.

15  (i) To charge and collect reasonable fees for the use

16  of such facilities, privileges, and conveniences as may be

17  provided.

18  (j) To police its property and to exercise police

19  powers in respect thereto or in respect to the enforcement

20  of any rule or regulation provided by its ordinances.

21  (k) To lease land for a period not longer than 50 years

22  to a responsible person, firm, or corporation for

23  construction, reconstruction, alteration, development,

24  operation, and maintenance of buildings, roads, and

25  parking areas. Any work performed on any leased building,

26  structure, appurtenances, or area which is listed on the
    SB2394 Enrolled  - 1073 - LRB104 09208 AMC 19265 b

1   National Register of Historic Places or deemed eligible

2   for such listing shall be performed within such guidelines

3   as are established by the Department of Natural Resources.

4   Upon expiration of any lease of land under this

5   subsection, title to all structures on the leased land

6   shall be vested in the museum district.

7   (l) To lease any building or facility constructed,

8   reconstructed, altered, renewed, equipped, furnished,

9   extended, developed, and maintained by the museum district

10  to a responsible person, firm, or corporation for

11  operation or development or both, and maintenance for a

12  period not longer than 20 years. Development, maintenance,

13  or both of any building, structures, appurtenances, or

14  area which is listed on the National Register of Historic

15  Places or deemed eligible for such listing shall be

16  performed within such guidelines as are established by the

17  Department of Natural Resources.

18  (m) To make grants to not-for-profit historical clubs,

19  organizations, or groups within the county.

20 (Source: P.A. 100-695, eff. 8-3-18; revised 7-30-24.)

21  (55 ILCS 5/5-31016) (from Ch. 34, par. 5-31016)

22  Sec. 5-31016. Indebtedness. Whenever a museum district

23 does not have sufficient money in its treasury to meet all

24 necessary expenses and liabilities, it may issue tax

25 anticipation warrants. Such issue of tax anticipation warrants
    SB2394 Enrolled             - 1074 - LRB104 09208 AMC 19265 b

1 shall be subject to the provisions of Section 2 of the Warrants

2 and Jurors Certificates Act "An Act to provide for the manner

3 of issuing warrants upon any county, township, or other

4 municipal corporation or quasi municipal corporation, or of

5 any farm drainage district, river district, drainage and levee

6 district, fire protection district and jurors' certificates",

7 approved June 27, 1913, as now or hereafter amended.

8   No museum district shall become indebted in any manner or

9 for any purpose in an amount, including existing indebtedness,

10 in the aggregate exceeding .25% of the value, as equalized or

11 assessed by the Department of Revenue, of the taxable property

12 within the museum district.

13 (Source: P.A. 86-962; revised 7-30-24.)

14  (55 ILCS 5/6-4002) (from Ch. 34, par. 6-4002)

15  Sec. 6-4002. Resolution. The resolution of the county

16 board authorizing the issuance of the general obligation bonds

17 shall prescribe all the details of the bonds and specify the

18 total amount of the bonds to be issued, the form and

19 denomination of the bonds, the date they are to bear, the place

20 they are payable, the date or dates of maturity, which shall

21 not be more than 30 years after the date of the bonds, the rate

22 of interest, which shall not exceed that authorized by the

23 Bond Authorization Act "An Act to authorize public

24 corporations to issue bonds, other evidences of indebtedness

25 and tax anticipation warrants subject to interest rate
   SB2394 Enrolled  - 1075 - LRB104 09208 AMC 19265 b

1 limitations set forth therein", approved May 26, 1970, as
2 amended, and the dates on which the interest is payable.
3 (Source: P.A. 86-962; revised 7-30-24.)

4  (55 ILCS 5/6-27004) (from Ch. 34, par. 6-27004)

5  Sec. 6-27004. Purposes for which fund may be used;

6 reimbursement. All moneys received from the issuance of bonds

7 as herein authorized, or from any tax levied pursuant to the

8 authority granted by this Division, shall be set apart in said

9 working cash fund by the county treasurer and shall be used

10 only for the purposes and in the manner hereinafter provided.

11 Such fund, and the moneys therein, shall not be regarded as

12 current assets available for appropriation and shall not be

13 appropriated by the county board in the resolution termed the

14 annual appropriations bill. The county board may appropriate

15 moneys to the working cash fund up to the maximum amount

16 allowable in the fund, and the working cash fund may receive

17 such appropriations and any other contributions. In order to

18 provide moneys with which to meet ordinary and necessary

19 disbursements for salaries and other corporate purposes, such

20 fund and the moneys therein may be transferred, in whole or in

21 part, to the general corporate fund of the county and so

22 disbursed therefrom (a) in anticipation of the collection of

23 any taxes lawfully levied for general corporate purposes, (b)

24 in anticipation of the receipt of moneys to be derived from

25 fees and commissions to be earned by the county clerk and the
SB2394 Enrolled  - 1076 - LRB104 09208 AMC 19265 b

 1 county collector for extending and collecting taxes levied, or
 2 (c) in the anticipation of such taxes, as by law now or
 3 hereafter enacted or amended, imposed by the General Assembly
 4 of the State of Illinois to replace revenue lost by units of
 5 local government and school districts as a result of the
 6 abolition of ad valorem personal property taxes, pursuant to
 7 Article IX, Section 5(c) of the Constitution of the State of
 8 Illinois. Moneys transferred to the general corporate fund in
 9 anticipation of the collection of taxes shall be deemed to
10 have been transferred in anticipation of the collection of
11 that part of the taxes so levied which is in excess of the
12 amount or amounts thereof required to pay (a) any tax
13 anticipation warrants and the interest thereon, theretofore or
14 thereafter issued under the provisions of Sections 2 and 3 of
15 the Warrants and Jurors Certificates Act Section two (2) and
16 three (3) of "An Act to provide for the manner of issuing
17 warrants upon the treasurer of the State or of any county,
18 township, city, village or other municipal corporation and
19 jurors' certificates", approved June 27, 1913, as amended, (b)
20 the aggregate amount of receipts from taxes imposed to replace
21 revenue lost by units of local government and school districts
22 as a result of the abolition of ad valorem personal property
23 taxes, pursuant to Article IX, Section 5(c) of the
24 Constitution of the State of Illinois, which the corporate
25 authorities estimate will be set aside for the payment of the
26 proportionate amount of debt service and pension or retirement
SB2394 Enrolled  - 1077 - LRB104 09208 AMC 19265 b

 1 obligations, as required by Section 12 of the State Revenue
 2 Sharing Act "An Act in relation to State Revenue Sharing with
 3 local government entities", approved July 31, 1969, as
 4 amended, and (c) any notes and the interest thereon,
 5 theretofore or thereafter issued under the provisions of
 6 Division 6-2, and such taxes levied for general corporate
 7 purposes when collected shall be applied, first, to the
 8 payment of any such warrant and the interest thereon, the
 9 amount estimated to be required to satisfy debt service and
10 pension or retirement obligations as set forth in Section 12
11 of the State Revenue Sharing Act "An Act in relation to State
12 revenue sharing with local government entities", approved July
13 31, 1969, as amended, and to the payment of any such notes and
14 the interest thereon, and then to the reimbursement of said
15 working cash fund as hereinafter provided. Upon the receipt by
16 said county treasurer of any taxes, or other moneys, in
17 anticipation of the collection or receipt whereof moneys of
18 such working cash fund have been so transferred for
19 disbursement, such fund shall immediately be reimbursed
20 therefrom until the full amount so transferred has been
21 re-transferred to such fund. Unless the taxes and other moneys
22 so received and applied to the reimbursement of the working
23 cash fund, prior to the close of the fiscal year following the
24 fiscal year in which the last tax penalty date fall due shall
25 be sufficient to effect a complete reimbursement of such fund
26 for any moneys transferred therefrom in anticipation of the
    SB2394 Enrolled      - 1078 - LRB104 09208 AMC 19265 b

1 collection or receipt of such taxes, or other moneys, such
2 working cash fund shall be reimbursed for the amount of the
3 deficiency therein from any other revenues accruing to said
4 general corporate fund, and it shall be the duty of the county
5 board to make provision for the immediate reimbursement of the
6 amount of any such deficiency in its next resolution termed
7 the annual appropriations bill.
8 (Source: P.A. 86-962; revised 7-30-24.)

9   Section 380. The Illinois Municipal Code is amended by

10 changing Sections 8-4.1-8, 10-4-2, 10-4-2.3, 11-19-1,

11 11-48.3-11, 11-61-3, 11-135-1, and 11-135-4 and by setting

12 forth, renumbering, and changing multiple versions of Section

13 11-13-28 as follows:

14  (65 ILCS 5/8-4.1-8) (from Ch. 24, par. 8-4.1-8)

15  Sec. 8-4.1-8. Bonds authorized by Applicable Law may be

16 issued in one or more series, bear such date or dates, become

17 due at such time or times within the period of years provided

18 by Applicable Law, bear interest payable at such intervals and

19 at such rate or rates as authorized under Section 2 of the Bond

20 Authorization Act "An Act to authorize public corporations to

21 issue bonds, other evidences of indebtedness and tax

22 anticipation warrants subject to interest rate limitations set

23 forth therein," approved May 26, 1970, as now or hereafter

24 amended, which rates may be fixed or variable, be in such
    SB2394 Enrolled     - 1079 - LRB104 09208 AMC 19265 b

 1 denominations, be in such form, either coupon or registered or
 2 book-entry, carry such conversion, registration, and exchange
 3 privileges, be subject to defeasance upon such terms, have
 4 such rank or priority, be executed in such manner, be payable
 5 in such medium of payment at such place or places within or
 6 without the State of Illinois, be subject to such terms of
 7 redemption with or without premium, and be sold in such manner
 8 at private or public sale and at such price as the corporate
 9 authorities shall determine. Whenever such bonds are sold at a
10 price less than par, they shall be sold at such price and bear
11 interest at such rate or rates such that the net interest rate
12 received upon the sale of such Bonds does not exceed the
13 maximum rate determined under Section 2 of the Bond
14 Authorization Act "An Act to authorize public corporations to
15 issue bonds, other evidences of indebtedness and tax
16 anticipation warrants subject to interest rate limitations set
17 forth therein", approved May 26, 1970, as now or hereafter
18 amended.
19 (Source: P.A. 85-158; revised 7-30-24.)

20  (65 ILCS 5/10-4-2)

21  (Text of Section before amendment by P.A. 103-808)

22  Sec. 10-4-2. Group insurance.

23  (a) The corporate authorities of any municipality may

24 arrange to provide, for the benefit of employees of the

25 municipality, group life, health, accident, hospital, and
    SB2394 Enrolled  - 1080 - LRB104 09208 AMC 19265 b

1 medical insurance, or any one or any combination of those

2 types of insurance, and may arrange to provide that insurance

3 for the benefit of the spouses or dependents of those

4 employees. The insurance may include provision for employees

5 or other insured persons who rely on treatment by prayer or

6 spiritual means alone for healing in accordance with the

7 tenets and practice of a well recognized religious

8 denomination. The corporate authorities may provide for

9 payment by the municipality of a portion of the premium or

10 charge for the insurance with the employee paying the balance

11 of the premium or charge. If the corporate authorities

12 undertake a plan under which the municipality pays a portion

13 of the premium or charge, the corporate authorities shall

14 provide for withholding and deducting from the compensation of

15 those municipal employees who consent to join the plan the

16 balance of the premium or charge for the insurance.

17  (b) If the corporate authorities do not provide for a plan

18 under which the municipality pays a portion of the premium or

19 charge for a group insurance plan, the corporate authorities

20 may provide for withholding and deducting from the

21 compensation of those employees who consent thereto the

22 premium or charge for any group life, health, accident,

23 hospital, and medical insurance.

24  (c) The corporate authorities may exercise the powers

25 granted in this Section only if the kinds of group insurance

26 are obtained from an insurance company authorized to do
    SB2394 Enrolled  - 1081 - LRB104 09208 AMC 19265 b

1 business in the State of Illinois, or are obtained through an

2 intergovernmental joint self-insurance pool as authorized

3 under the Intergovernmental Cooperation Act. The corporate

4 authorities may enact an ordinance prescribing the method of

5 operation of the insurance program.

6   (d) If a municipality, including a home rule municipality,

7 is a self-insurer for purposes of providing health insurance

8 coverage for its employees, the insurance coverage shall

9 include screening by low-dose mammography for all women 35

10 years of age or older for the presence of occult breast cancer

11 unless the municipality elects to provide mammograms itself

12 under Section 10-4-2.1. The coverage shall be as follows:

13  (1) A baseline mammogram for women 35 to 39 years of

14  age.

15  (2) An annual mammogram for women 40 years of age or

16  older.

17  (3) A mammogram at the age and intervals considered

18  medically necessary by the woman's health care provider

19  for women under 40 years of age and having a family history

20  of breast cancer, prior personal history of breast cancer,

21  positive genetic testing, or other risk factors.

22  (4) For a group policy of accident and health

23  insurance that is amended, delivered, issued, or renewed

24  on or after January 1, 2020 (the effective date of Public

25  Act 101-580) this amendatory Act of the 101st General

26  Assembly, a comprehensive ultrasound screening of an
    SB2394 Enrolled          - 1082 - LRB104 09208 AMC 19265 b

1   entire breast or breasts if a mammogram demonstrates

2   heterogeneous or dense breast tissue or when medically

3   necessary as determined by a physician licensed to

4   practice medicine in all of its branches.

5   (5) For a group policy of accident and health

6   insurance that is amended, delivered, issued, or renewed

7   on or after January 1, 2020 (the effective date of Public

8   Act 101-580) this amendatory Act of the 101st General

9   Assembly, a diagnostic mammogram when medically necessary,

10  as determined by a physician licensed to practice medicine

11  in all its branches, advanced practice registered nurse,

12  or physician assistant.

13  A policy subject to this subsection shall not impose a

14 deductible, coinsurance, copayment, or any other cost-sharing

15 requirement on the coverage provided; except that this

16 sentence does not apply to coverage of diagnostic mammograms

17 to the extent such coverage would disqualify a high-deductible

18 health plan from eligibility for a health savings account

19 pursuant to Section 223 of the Internal Revenue Code (26

20 U.S.C. 223).

21  For purposes of this subsection:

22  "Diagnostic mammogram" means a mammogram obtained using

23 diagnostic mammography.

24  "Diagnostic mammography" means a method of screening that

25 is designed to evaluate an abnormality in a breast, including

26 an abnormality seen or suspected on a screening mammogram or a
    SB2394 Enrolled  - 1083 - LRB104 09208 AMC 19265 b

1 subjective or objective abnormality otherwise detected in the

2 breast.

3   "Low-dose mammography" means the x-ray examination of the

4 breast using equipment dedicated specifically for mammography,

5 including the x-ray tube, filter, compression device, and

6 image receptor, with an average radiation exposure delivery of

7 less than one rad per breast for 2 views of an average size

8 breast. The term also includes digital mammography.

9   (d-5) Coverage as described by subsection (d) shall be

10 provided at no cost to the insured and shall not be applied to

11 an annual or lifetime maximum benefit.

12  (d-10) When health care services are available through

13 contracted providers and a person does not comply with plan

14 provisions specific to the use of contracted providers, the

15 requirements of subsection (d-5) are not applicable. When a

16 person does not comply with plan provisions specific to the

17 use of contracted providers, plan provisions specific to the

18 use of non-contracted providers must be applied without

19 distinction for coverage required by this Section and shall be

20 at least as favorable as for other radiological examinations

21 covered by the policy or contract.

22  (d-15) If a municipality, including a home rule

23 municipality, is a self-insurer for purposes of providing

24 health insurance coverage for its employees, the insurance

25 coverage shall include mastectomy coverage, which includes

26 coverage for prosthetic devices or reconstructive surgery
    SB2394 Enrolled  - 1084 - LRB104 09208 AMC 19265 b

1 incident to the mastectomy. Coverage for breast reconstruction

2 in connection with a mastectomy shall include:

3   (1) reconstruction of the breast upon which the

4   mastectomy has been performed;

5   (2) surgery and reconstruction of the other breast to

6   produce a symmetrical appearance; and

7   (3) prostheses and treatment for physical

8   complications at all stages of mastectomy, including

9   lymphedemas.

10 Care shall be determined in consultation with the attending

11 physician and the patient. The offered coverage for prosthetic

12 devices and reconstructive surgery shall be subject to the

13 deductible and coinsurance conditions applied to the

14 mastectomy, and all other terms and conditions applicable to

15 other benefits. When a mastectomy is performed and there is no

16 evidence of malignancy then the offered coverage may be

17 limited to the provision of prosthetic devices and

18 reconstructive surgery to within 2 years after the date of the

19 mastectomy. As used in this Section, "mastectomy" means the

20 removal of all or part of the breast for medically necessary

21 reasons, as determined by a licensed physician.

22  A municipality, including a home rule municipality, that

23 is a self-insurer for purposes of providing health insurance

24 coverage for its employees, may not penalize or reduce or

25 limit the reimbursement of an attending provider or provide

26 incentives (monetary or otherwise) to an attending provider to
    SB2394 Enrolled         - 1085 - LRB104 09208 AMC 19265 b

1 induce the provider to provide care to an insured in a manner

2 inconsistent with this Section.

3   (d-20) The requirement that mammograms be included in

4 health insurance coverage as provided in subsections (d)

5 through (d-15) is an exclusive power and function of the State

6 and is a denial and limitation under Article VII, Section 6,

7 subsection (h) of the Illinois Constitution of home rule

8 municipality powers. A home rule municipality to which

9 subsections (d) through (d-15) apply must comply with every

10 provision of those subsections.

11  (d-25) If a municipality, including a home rule

12 municipality, is a self-insurer for purposes of providing

13 health insurance coverage for its employees, the insurance

14 coverage shall include joint mental health therapy services

15 for any member of the municipality's police department or fire

16 department and any spouse or partner of the member who resides

17 with the member.

18  The joint mental health therapy services provided under

19 this subsection shall be performed by a physician licensed to

20 practice medicine in all of its branches, a licensed clinical

21 psychologist, a licensed clinical social worker, a licensed

22 clinical professional counselor, a licensed marriage and

23 family therapist, a licensed social worker, or a licensed

24 professional counselor.

25  This subsection is a limitation under subsection (i) of

26 Section 6 of Article VII of the Illinois Constitution on the
    SB2394 Enrolled        - 1086 - LRB104 09208 AMC 19265 b

1 concurrent exercise by home rule units of powers and functions

2 exercised by the State.

3   (e) Rulemaking authority to implement Public Act 95-1045,

4 if any, is conditioned on the rules being adopted in

5 accordance with all provisions of the Illinois Administrative

6 Procedure Act and all rules and procedures of the Joint

7 Committee on Administrative Rules; any purported rule not so

8 adopted, for whatever reason, is unauthorized.

9 (Source: P.A. 103-818, eff. 1-1-25; revised 11-26-24.)

10  (Text of Section after amendment by P.A. 103-808)

11  Sec. 10-4-2. Group insurance.

12  (a) The corporate authorities of any municipality may

13 arrange to provide, for the benefit of employees of the

14 municipality, group life, health, accident, hospital, and

15 medical insurance, or any one or any combination of those

16 types of insurance, and may arrange to provide that insurance

17 for the benefit of the spouses or dependents of those

18 employees. The insurance may include provision for employees

19 or other insured persons who rely on treatment by prayer or

20 spiritual means alone for healing in accordance with the

21 tenets and practice of a well recognized religious

22 denomination. The corporate authorities may provide for

23 payment by the municipality of a portion of the premium or

24 charge for the insurance with the employee paying the balance

25 of the premium or charge. If the corporate authorities
    SB2394 Enrolled  - 1087 - LRB104 09208 AMC 19265 b

1 undertake a plan under which the municipality pays a portion

2 of the premium or charge, the corporate authorities shall

3 provide for withholding and deducting from the compensation of

4 those municipal employees who consent to join the plan the

5 balance of the premium or charge for the insurance.

6   (b) If the corporate authorities do not provide for a plan

7 under which the municipality pays a portion of the premium or

8 charge for a group insurance plan, the corporate authorities

9 may provide for withholding and deducting from the

10 compensation of those employees who consent thereto the

11 premium or charge for any group life, health, accident,

12 hospital, and medical insurance.

13  (c) The corporate authorities may exercise the powers

14 granted in this Section only if the kinds of group insurance

15 are obtained from an insurance company authorized to do

16 business in the State of Illinois, or are obtained through an

17 intergovernmental joint self-insurance pool as authorized

18 under the Intergovernmental Cooperation Act. The corporate

19 authorities may enact an ordinance prescribing the method of

20 operation of the insurance program.

21  (d) If a municipality, including a home rule municipality,

22 is a self-insurer for purposes of providing health insurance

23 coverage for its employees, the insurance coverage shall

24 include screening by low-dose mammography for all patients 35

25 years of age or older for the presence of occult breast cancer

26 unless the municipality elects to provide mammograms itself
    SB2394 Enrolled  - 1088 - LRB104 09208 AMC 19265 b

1 under Section 10-4-2.1. The coverage shall be as follows:

2   (1) A baseline mammogram for patients 35 to 39 years

3   of age.

4   (2) An annual mammogram for patients 40 years of age

5   or older.

6   (3) A mammogram at the age and intervals considered

7   medically necessary by the patient's health care provider

8   for patients under 40 years of age and having a family

9   history of breast cancer, prior personal history of breast

10  cancer, positive genetic testing, or other risk factors.

11  (4) For a group policy of accident and health

12  insurance that is amended, delivered, issued, or renewed

13  on or after January 1, 2020 (the effective date of Public

14  Act 101-580), a comprehensive ultrasound screening of an

15  entire breast or breasts if a mammogram demonstrates

16  heterogeneous or dense breast tissue or when medically

17  necessary as determined by a physician licensed to

18  practice medicine in all of its branches.

19  (4.5) For a group policy of accident and health

20  insurance that is amended, delivered, issued, or renewed

21  on or after January 1, 2026 (the effective date of Public

22  Act 103-808) this amendatory Act of the 103rd General

23  Assembly, molecular breast imaging (MBI) and magnetic

24  resonance imaging of an entire breast or breasts if a

25  mammogram demonstrates heterogeneous or dense breast

26  tissue or when medically necessary as determined by a
    SB2394 Enrolled         - 1089 - LRB104 09208 AMC 19265 b

1   physician licensed to practice medicine in all of its

2   branches, advanced practice registered nurse, or physician

3   assistant.

4           (5) For a group policy of accident and health

5   insurance that is amended, delivered, issued, or renewed

6   on or after January 1, 2020, (the effective date of Public

7   Act 101-580), a diagnostic mammogram when medically

8   necessary, as determined by a physician licensed to

9   practice medicine in all its branches, advanced practice

10  registered nurse, or physician assistant.

11  A policy subject to this subsection shall not impose a

12 deductible, coinsurance, copayment, or any other cost-sharing

13 requirement on the coverage provided; except that this

14 sentence does not apply to coverage of diagnostic mammograms

15 to the extent such coverage would disqualify a high-deductible

16 health plan from eligibility for a health savings account

17 pursuant to Section 223 of the Internal Revenue Code (26

18 U.S.C. 223).

19  For purposes of this subsection:

20  "Diagnostic mammogram" means a mammogram obtained using

21 diagnostic mammography.

22  "Diagnostic mammography" means a method of screening that

23 is designed to evaluate an abnormality in a breast, including

24 an abnormality seen or suspected on a screening mammogram or a

25 subjective or objective abnormality otherwise detected in the

26 breast.
    SB2394 Enrolled  - 1090 - LRB104 09208 AMC 19265 b

1   "Low-dose mammography" means the x-ray examination of the

2 breast using equipment dedicated specifically for mammography,

3 including the x-ray tube, filter, compression device, and

4 image receptor, with an average radiation exposure delivery of

5 less than one rad per breast for 2 views of an average size

6 breast. The term also includes digital mammography.

7   (d-5) Coverage as described by subsection (d) shall be

8 provided at no cost to the insured and shall not be applied to

9 an annual or lifetime maximum benefit.

10  (d-10) When health care services are available through

11 contracted providers and a person does not comply with plan

12 provisions specific to the use of contracted providers, the

13 requirements of subsection (d-5) are not applicable. When a

14 person does not comply with plan provisions specific to the

15 use of contracted providers, plan provisions specific to the

16 use of non-contracted providers must be applied without

17 distinction for coverage required by this Section and shall be

18 at least as favorable as for other radiological examinations

19 covered by the policy or contract.

20  (d-15) If a municipality, including a home rule

21 municipality, is a self-insurer for purposes of providing

22 health insurance coverage for its employees, the insurance

23 coverage shall include mastectomy coverage, which includes

24 coverage for prosthetic devices or reconstructive surgery

25 incident to the mastectomy. Coverage for breast reconstruction

26 in connection with a mastectomy shall include:
    SB2394 Enrolled  - 1091 - LRB104 09208 AMC 19265 b

1   (1) reconstruction of the breast upon which the

2   mastectomy has been performed;

3   (2) surgery and reconstruction of the other breast to

4   produce a symmetrical appearance; and

5   (3) prostheses and treatment for physical

6   complications at all stages of mastectomy, including

7   lymphedemas.

8 Care shall be determined in consultation with the attending

9 physician and the patient. The offered coverage for prosthetic

10 devices and reconstructive surgery shall be subject to the

11 deductible and coinsurance conditions applied to the

12 mastectomy, and all other terms and conditions applicable to

13 other benefits. When a mastectomy is performed and there is no

14 evidence of malignancy then the offered coverage may be

15 limited to the provision of prosthetic devices and

16 reconstructive surgery to within 2 years after the date of the

17 mastectomy. As used in this Section, "mastectomy" means the

18 removal of all or part of the breast for medically necessary

19 reasons, as determined by a licensed physician.

20  A municipality, including a home rule municipality, that

21 is a self-insurer for purposes of providing health insurance

22 coverage for its employees, may not penalize or reduce or

23 limit the reimbursement of an attending provider or provide

24 incentives (monetary or otherwise) to an attending provider to

25 induce the provider to provide care to an insured in a manner

26 inconsistent with this Section.
    SB2394 Enrolled         - 1092 - LRB104 09208 AMC 19265 b

1   (d-20) The requirement that mammograms be included in

2 health insurance coverage as provided in subsections (d)

3 through (d-15) is an exclusive power and function of the State

4 and is a denial and limitation under Article VII, Section 6,

5 subsection (h) of the Illinois Constitution of home rule

6 municipality powers. A home rule municipality to which

7 subsections (d) through (d-15) apply must comply with every

8 provision of those subsections.

9   (d-25) If a municipality, including a home rule

10 municipality, is a self-insurer for purposes of providing

11 health insurance coverage for its employees, the insurance

12 coverage shall include joint mental health therapy services

13 for any member of the municipality's police department or fire

14 department and any spouse or partner of the member who resides

15 with the member.

16  The joint mental health therapy services provided under

17 this subsection shall be performed by a physician licensed to

18 practice medicine in all of its branches, a licensed clinical

19 psychologist, a licensed clinical social worker, a licensed

20 clinical professional counselor, a licensed marriage and

21 family therapist, a licensed social worker, or a licensed

22 professional counselor.

23  This subsection is a limitation under subsection (i) of

24 Section 6 of Article VII of the Illinois Constitution on the

25 concurrent exercise by home rule units of powers and functions

26 exercised by the State.
    SB2394 Enrolled       - 1093 - LRB104 09208 AMC 19265 b

1   (e) Rulemaking authority to implement Public Act 95-1045,

2 if any, is conditioned on the rules being adopted in

3 accordance with all provisions of the Illinois Administrative

4 Procedure Act and all rules and procedures of the Joint

5 Committee on Administrative Rules; any purported rule not so

6 adopted, for whatever reason, is unauthorized.

7 (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25;

8 revised 11-26-24.)

9   (65 ILCS 5/10-4-2.3)

10  Sec. 10-4-2.3. Required health benefits. If a

11 municipality, including a home rule municipality, is a

12 self-insurer for purposes of providing health insurance

13 coverage for its employees, the coverage shall include

14 coverage for the post-mastectomy care benefits required to be

15 covered by a policy of accident and health insurance under

16 Section 356t and the coverage required under Sections 356g,

17 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,

18 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,

19 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,

20 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,

21 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,

22 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,

23 356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, and

24 356z.77 of the Illinois Insurance Code. The coverage shall

25 comply with Sections 155.22a, 355b, 356z.19, and 370c of the
    SB2394 Enrolled       - 1094 - LRB104 09208 AMC 19265 b

1 Illinois Insurance Code. The Department of Insurance shall

2 enforce the requirements of this Section. The requirement that

3 health benefits be covered as provided in this is an exclusive

4 power and function of the State and is a denial and limitation

5 under Article VII, Section 6, subsection (h) of the Illinois

6 Constitution. A home rule municipality to which this Section

7 applies must comply with every provision of this Section.

8   Rulemaking authority to implement Public Act 95-1045, if

9 any, is conditioned on the rules being adopted in accordance

10 with all provisions of the Illinois Administrative Procedure

11 Act and all rules and procedures of the Joint Committee on

12 Administrative Rules; any purported rule not so adopted, for

13 whatever reason, is unauthorized.

14 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

15 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

16 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,

17 eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

18 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

19 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

20 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

21 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.

22 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,

23 eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;

24 revised 11-26-24.)

25  (65 ILCS 5/11-13-28)
    SB2394 Enrolled           - 1095 - LRB104 09208 AMC 19265 b

1   Sec. 11-13-28. Building permit fee for veterans with a

2 disability.

3   (a) A veteran with a disability or the veteran's caregiver

4 shall not be charged any building permit fee for improvements

5 to the residence of the veteran with a disability if the

6 improvements are required to accommodate a disability of the

7 veteran. Nothing in this subsection changes the obligation of

8 any person to submit to the municipality applications, forms,

9 or other paperwork to obtain a building permit. A veteran or

10 caregiver must provide proof of veteran status and attest to

11 the fact that the improvements to the residence are required

12 to accommodate the veteran's disability. Proof of veteran

13 status is to be construed liberally, and veteran status shall

14 include service in the Armed Forces of the United States,

15 National Guard, or the reserves of the Armed Forces of the

16 United States.

17  (b) What constitutes proof of veteran status shall be

18 determined by the municipality. The Illinois Department of

19 Veterans' Affairs may not adjudicate any dispute arising under

20 subsection paragraph (a).

21  (c) A home rule municipality may not regulate building

22 permit fees in a manner inconsistent with this Section. This

23 Section is a limitation under subsection (i) of Section 6 of

24 Article VII of the Illinois Constitution on the concurrent

25 exercise by home rule units of powers and functions exercised

26 by the State.
    SB2394 Enrolled          - 1096 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)

2   (65 ILCS 5/11-13-29)

3   Sec. 11-13-29 11-13-28. Battery-charged fences.

4   (a) As used in this Section, "battery-charged fence" means

5 a fence energized by a battery that is not more than 12 volts

6 of direct current that interfaces with an alarm system in a

7 manner that enables the fence to cause the connected alarm

8 system to transmit a signal intended to notify law enforcement

9 of a potential intrusion.

10  (b) Notwithstanding any other law, a municipality may not

11 require a permit or other approval for the installation,

12 maintenance, placement, replacement, or servicing of a

13 battery-charged fence if (i) the battery-charged fence is

14 located on nonresidential property completely surrounded by a

15 nonelectric perimeter fence or wall that is not less than 5

16 feet in height and does not exceed 10 feet in height or 2 feet

17 higher than the nonelectric perimeter fence or wall, whichever

18 is higher, and (ii) any electrical charge produced on contact

19 does not exceed energizer characteristics set for electric

20 fences by the International Electrotechnical Commission.

21  (c) Any battery-charged fence installed under this Section

22 must have conspicuous signs located on the fence placed not

23 less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".

24  (d) A home rule municipality may not regulate

25 battery-charged fencing in a manner inconsistent with this
   SB2394 Enrolled  - 1097 - LRB104 09208 AMC 19265 b

1 Section. This Section is a limitation under subsection (i) of
2 Section 6 of Article VII of the Illinois Constitution on the
3 concurrent exercise by home rule units of powers and functions
4 exercised by the State.
5 (Source: P.A. 103-796, eff. 1-1-25; revised 12-3-24.)

6  (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)

7  Sec. 11-19-1. Contracts.

8  (a) Any city, village, or incorporated town may make

9 contracts with any other city, village, or incorporated town

10 or with any person, corporation, or county, or any agency

11 created by intergovernmental agreement, for more than one year

12 and not exceeding 30 years relating to the collection and

13 final disposition, or relating solely to either the collection

14 or final disposition of garbage, refuse and ashes. A

15 municipality may contract with private industry to operate a

16 designated facility for the disposal, treatment, or recycling

17 of solid waste, and may enter into contracts with private

18 firms or local governments for the delivery of waste to such

19 facility. In regard to a contract involving a garbage, refuse,

20 or garbage and refuse incineration facility, the 30-year 30

21 year contract limitation imposed by this Section shall be

22 computed so that the 30 years shall not begin to run until the

23 date on which the facility actually begins accepting garbage

24 or refuse. The payments required in regard to any contract

25 entered into under this Division 19 shall not be regarded as
    SB2394 Enrolled   - 1098 - LRB104 09208 AMC 19265 b

1 indebtedness of the city, village, or incorporated town, as

2 the case may be, for the purpose of any debt limitation imposed

3 by any law. On and after January 1, 2018 (the effective date of

4 Public Act 100-316) this amendatory Act of the 100th General

5 Assembly, a municipality with a population of less than

6 1,000,000 shall not enter into any new contracts with any

7 other unit of local government, by intergovernmental agreement

8 or otherwise, or with any corporation or person relating to

9 the collecting and final disposition of general construction

10 or demolition debris; except that this sentence does not apply

11 to a municipality with a population of less than 1,000,000

12 that is a party to: (1) a contract relating to the collecting

13 and final disposition of general construction or demolition

14 debris on January 1, 2018 (the effective date of Public Act

15 100-316) this amendatory Act of the 100th General Assembly; or

16 (2) the renewal or extension of a contract relating to the

17 collecting and final disposition of general construction or

18 demolition debris irrespective of whether the contract

19 automatically renews, is amended, or is subject to a new

20 request for proposal after January 1, 2018 (the effective date

21 of Public Act 100-316) this amendatory Act of the 100th

22 General Assembly.

23  (a-5) If a municipality with a population of less than

24 1,000,000 located in a county as defined in the Solid Waste and

25 Recycling Program Act has never awarded a franchise to a

26 private entity for the collection of waste from
    SB2394 Enrolled         - 1099 - LRB104 09208 AMC 19265 b

1 non-residential locations, then the municipality may not award

2 a franchise unless:

3   (1) the municipality provides prior written notice to

4   all haulers licensed to provide waste hauling service in

5   that municipality of the municipality's intent to issue a

6   request for proposal under this Section;

7   (2) the municipality adopts an ordinance requiring

8   each licensed hauler, for a period of no less than 36

9   continuous months commencing on the first day of the month

10  following the effective date of such ordinance, to report

11  every 6 months to the municipality the number of

12  non-residential locations served by the hauler in the

13  municipality and the number of non-residential locations

14  contracting with the hauler for the recyclable materials

15  collection service pursuant to Section 10 of the Solid

16  Waste Hauling and Recycling Program Act; and

17  (3) the report to the municipality required under

18  paragraph (2) of this subsection (a-5) for the final 6

19  months of that 36-month period establishes that less than

20  50% of the non-residential locations in the municipality

21  contract for recyclable material collection services

22  pursuant to Section 10 of the Solid Waste Hauling and

23  Recycling Program Act.

24  All such reports shall be filed with the municipality by

25 the hauler on or before the last day of the month following the

26 end of the 6-month reporting period. Within 15 days after the
    SB2394 Enrolled            - 1100 - LRB104 09208 AMC 19265 b

1 last day for licensed haulers to file such reports, the

2 municipality shall post on its website: (i) the information

3 provided by each hauler pursuant to paragraph (2) of this

4 subsection (a-5), without identifying the hauler; and (ii) the

5 aggregate number of non-residential locations served by all

6 licensed haulers in the municipality and the aggregate number

7 of non-residential locations contracting with all licensed

8 haulers in the municipality for the recyclable materials

9 collection service under Section 10 of the Solid Waste Hauling

10 and Recycling Program Act.

11  (a-10) Beginning at the conclusion of the 36-month

12 reporting period and thereafter, and upon written request of

13 the municipality, each licensed hauler shall, for every

14 6-month period, report to the municipality (i) the number of

15 non-residential locations served by the hauler in the

16 municipality and the number of non-residential locations

17 contracting with the hauler for the recyclable materials

18 collection service pursuant to Section 10 of the Solid Waste

19 Hauling and Recycling Program Act, (ii) an estimate of the

20 quantity of recyclable materials, in tons, collected by the

21 hauler in the municipality from non-residential locations

22 contracting with the hauler for recyclable materials

23 collection service pursuant to Section 10 of the Solid Waste

24 Hauling and Recycling Program Act, and (iii) an estimate of

25 the quantity of municipal waste, in tons, collected by the

26 hauler in the municipality from those non-residential
    SB2394 Enrolled  - 1101 - LRB104 09208 AMC 19265 b

1 locations. All reports for that 6-month period shall be filed

2 with the municipality by the hauler on or before the last day

3 of the month following the end of the 6-month reporting

4 period. Within 15 days after the last day for licensed haulers

5 to file such reports, the municipality shall post on its

6 website: (i) the information provided by each hauler pursuant

7 to this subsection (a-10), without identifying the hauler; and

8 (ii) the aggregate number of non-residential locations served

9 by all licensed haulers in the municipality and the aggregate

10 number of non-residential locations contracting with all

11 licensed haulers in the municipality for the recyclable

12 materials collection service under Section 10 of the Solid

13 Waste Hauling and Recycling Program Act.

14  A municipality subject to subsection (a-5) of this Section

15 may not award a franchise unless 2 consecutive 6-month reports

16 determine that less than 50% of the non-residential locations

17 within the municipality contract for recyclable material

18 collection service pursuant to Section 10 of the Solid Waste

19 Hauling and Recycling Program Act.

20  (b) If a municipality with a population of less than

21 1,000,000 has never awarded a franchise to a private entity

22 for the collection of waste from non-residential locations,

23 then that municipality may not award such a franchise without

24 issuing a request for proposal. The municipality may not issue

25 a request for proposal without first: (i) holding at least one

26 public hearing seeking comment on the advisability of issuing
    SB2394 Enrolled       - 1102 - LRB104 09208 AMC 19265 b

1 a request for proposal and awarding a franchise; (ii)

2 providing at least 30 days' written notice of the hearing,

3 delivered by first class mail to all private entities that

4 provide non-residential waste collection services within the

5 municipality that the municipality is able to identify through

6 its records; and (iii) providing at least 30 days' public

7 notice of the hearing.

8   After issuing a request for proposal, the municipality may

9 not award a franchise without first: (i) allowing at least 30

10 days for proposals to be submitted to the municipality; (ii)

11 holding at least one public hearing after the receipt of

12 proposals on whether to award a franchise to a proposed

13 franchisee; and (iii) providing at least 30 days' public

14 notice of the hearing. At the public hearing, the municipality

15 must disclose and discuss the proposed franchise fee or

16 calculation formula of such franchise fee that it will receive

17 under the proposed franchise.

18  (b-5) If no request for proposal is issued within 120 days

19 after the initial public hearing required in subsection (b),

20 then the municipality must hold another hearing as outlined in

21 subsection (b).

22  (b-10) If a municipality has not awarded a franchise

23 within 210 days after the date that a request for proposal is

24 issued pursuant to subsection (b), then the municipality must

25 adhere to all of the requirements set forth in subsections (b)

26 and (b-5).
    SB2394 Enrolled  - 1103 - LRB104 09208 AMC 19265 b

1   (b-15) The franchise fee and any other fees, taxes, or

2 charges imposed by the municipality in connection with a

3 franchise for the collection of waste from non-residential

4 locations must be used exclusively for costs associated with

5 administering the franchise program.

6   (c) If a municipality with a population of less than

7 1,000,000 has never awarded a franchise to a private entity

8 for the collection of waste from non-residential locations,

9 then a private entity may not begin providing waste collection

10 services to non-residential locations under a franchise

11 agreement with that municipality at any time before the date

12 that is 15 months after the date the ordinance or resolution

13 approving the award of the franchise is adopted.

14  (d) For purposes of this Section, "waste" means garbage,

15 refuse, or ashes as defined in Section 11-19-2.

16  (e) A home rule unit may not award a franchise to a private

17 entity for the collection of waste in a manner contrary to the

18 provisions of this Section. This Section is a limitation under

19 subsection (i) of Section 6 of Article VII of the Illinois

20 Constitution on the concurrent exercise by home rule units of

21 powers and functions exercised by the State.

22  (f) A municipality with a population of less than

23 1,000,000 shall not award a franchise or contract to any

24 private entity for the collection of general construction or

25 demolition debris from residential or non-residential

26 locations. This subsection does not apply to a municipality
    SB2394 Enrolled  - 1104 - LRB104 09208 AMC 19265 b

 1 with a population of less than 1,000,000 that is a party to:
 2 (1) a franchise or contract with a private entity for the
 3 collection of general construction or demolition debris from
 4 residential or non-residential locations on January 1, 2018
 5 (the effective date of Public Act 100-316) this amendatory Act
 6 of the 100th General Assembly; or (2) the renewal or extension
 7 of a franchise or contract with a private entity for the
 8 collection of general construction or demolition debris from
 9 residential or non-residential locations irrespective of
10 whether the franchise or contract automatically renews, is
11 amended, or is subject to a new request for proposal after
12 January 1, 2018 (the effective date of Public Act 100-316)
13 this amendatory Act of the 100th General Assembly.
14 (Source: P.A. 100-316, eff. 1-1-18; revised 10-22-24.)

15  (65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11)

16  Sec. 11-48.3-11. The Authority shall have continuing power

17 to borrow money for the purpose of carrying out and performing

18 its duties and exercising its powers under this Division.

19  For the purpose of evidencing the obligation of the

20 Authority to repay any money borrowed as aforesaid, the

21 Authority may, pursuant to ordinance adopted by the Board,

22 from time to time issue and dispose of its interest bearing

23 revenue bonds, and may also from time to time issue and dispose

24 of its interest bearing revenue bonds to refund any bonds at

25 maturity or pursuant to redemption provisions or at any time
SB2394 Enrolled  - 1105 - LRB104 09208 AMC 19265 b

 1 before maturity with the consent of the holders thereof. All
 2 such bonds shall be payable solely from the revenues or income
 3 to be derived from the exhibitions, rentals, and leases and
 4 other authorized activities operated by it, and from funds, if
 5 any, received and to be received by the Authority from any
 6 other source. Such bonds may bear such date or dates, may
 7 mature at such time or times not exceeding 40 years from their
 8 respective dates, may bear interest at such rate or rates, not
 9 exceeding the maximum rate permitted by the Bond Authorization
10 Act "An Act to authorize public corporations to issue bonds,
11 other evidences of indebtedness and tax anticipation warrants
12 subject to interest rate limitations set forth therein",
13 approved May 26, 1970, as now or hereafter amended, may be in
14 such form, may carry such registration privileges, may be
15 executed in such manner, may be payable at such place or
16 places, may be made subject to redemption in such manner and
17 upon such terms, with or without premium as is stated on the
18 face thereof, may be executed in such manner and may contain
19 such terms and covenants, all as may be provided in the
20 ordinance. In case any officer whose signature appears on any
21 bond ceases (after attaching his or her signature) to hold
22 office, his or her signature shall nevertheless be valid and
23 effective for all purposes. The holder or holders of any bonds
24 or interest coupons appertaining thereto issued by the
25 Authority may bring mandamus, injunction, civil actions, and
26 proceedings to compel the performance and observance by the
    SB2394 Enrolled  - 1106 - LRB104 09208 AMC 19265 b

1 Authority or any of its officers, agents, or employees of any

2 contract or covenant made by the Authority with the holders of

3 such bonds or interest coupons and to compel the Authority and

4 any of its officers, agents, or employees to perform any

5 duties required to be performed for the benefit of the holders

6 of any such bonds or interest coupons by the provisions of the

7 ordinance authorizing their issuance, or to enjoin the

8 Authority and any of its officers, agents, or employees from

9 taking any action in conflict with any such contract or

10 covenant.

11  Notwithstanding the form and tenor of any such bonds and

12 in the absence of any express recital on the face thereof that

13 it is non-negotiable, all such bonds shall be negotiable

14 instruments under the Uniform Commercial Code.

15  From and after the issuance of any bonds as herein

16 provided, it shall be the duty of the corporate authorities of

17 the Authority to fix and establish rates, charges, rents, and

18 fees for the use of facilities acquired, constructed,

19 reconstructed, extended, or improved with the proceeds of the

20 sale of said bonds sufficient at all times, with other

21 revenues of the Authority, to pay:

22  (a) The cost of maintaining, repairing, regulating,

23  and operating the said facilities; and

24  (b) The bonds and interest thereon as they shall

25  become due, and all sinking fund requirements and other

26  requirements provided by the ordinance authorizing the
    SB2394 Enrolled  - 1107 - LRB104 09208 AMC 19265 b

1   issuance of the bonds or as provided by any trust

2   agreement executed to secure payment thereof.

3   To secure the payment of any or all of such bonds and for

4 the purpose of setting forth the covenants and undertakings of

5 the Authority in connection with the issuance thereof and the

6 issuance of any additional bonds payable from such revenue

7 income to be derived from the exhibitions, office rentals, air

8 space leases and rentals, and other revenue, if any, the

9 Authority may execute and deliver a trust agreement or

10 agreements; provided that no lien upon any physical property

11 of the Authority shall be created thereby.

12  A remedy for any breach or default of the terms of any such

13 trust agreement by the Authority may be by mandamus,

14 injunction, civil action, and proceedings in any court of

15 competent jurisdiction to compel performance and compliance

16 therewith, but the trust agreement may prescribe by whom or on

17 whose behalf such action may be instituted.

18  Before any such bonds (excepting refunding bonds) are

19 sold, the entire authorized issue, or any part thereof, shall

20 be offered for sale as a unit after advertising for bids at

21 least 3 times in a daily newspaper of general circulation

22 published in the metropolitan area, the last publication to be

23 at least 10 days before bids are required to be filed. Copies

24 of such advertisement may be published in any newspaper or

25 financial publication in the United States. All bids shall be

26 sealed, filed, and opened as provided by ordinance and the
    SB2394 Enrolled  - 1108 - LRB104 09208 AMC 19265 b

1 bonds shall be awarded to the highest and best bidder or
2 bidders therefor. The Authority shall have the right to reject
3 all bids and readvertise for bids in the manner provided for in
4 the initial advertisement. If no bids are received, however,
5 such bonds may be sold at not less than par value, without
6 further advertising, within 60 days after the bids are
7 required to be filed pursuant to any advertisement.
8 (Source: P.A. 86-279; revised 7-31-24.)

9   (65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3)

10  Sec. 11-61-3. The corporate authorities of each

11 municipality having a population of less than 1,000,000

12 inhabitants shall have the express power to purchase or lease

13 either real estate or personal property for public purposes

14 through contracts which provide for the consideration for such

15 purchase or lease to be paid through installments to be made at

16 stated intervals during a certain period of time, but, in no

17 case, shall such contracts provide for the consideration to be

18 paid during a period of time in excess of 20 years nor shall

19 such contracts provide for the payment of interest at a rate of

20 more than that permitted in the Bond Authorization Act "An Act

21 to authorize public corporations to issue bonds, other

22 evidences of indebtedness and tax anticipation warrants

23 subject to interest rate limitations set forth therein",

24 approved May 26, 1970, as amended. The indebtedness incurred

25 under this Section when aggregated with existing indebtedness
    SB2394 Enrolled        - 1109 - LRB104 09208 AMC 19265 b

1 may not exceed the debt limits provided in Division 5 of

2 Article 8 of this Code.

3   The amendatory Acts of 1972 and 1973 are not a limit upon

4 any municipality which is a home rule unit.

5 (Source: P.A. 91-493, eff. 8-13-99; revised 7-31-24.)

6   (65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1)

7   Sec. 11-135-1. Any 2 or more municipalities, except cities

8 of 500,000 or more inhabitants, may acquire either by purchase

9 or construction a waterworks system or a common source of

10 supply of water, or both, and may operate jointly a waterworks

11 system or a common source of supply of water, or both, and

12 improve and extend the same, as provided in this Division 135.

13 The corporate authorities of the specified municipalities

14 desiring to avail themselves of the provisions of this

15 Division 135 shall adopt a resolution or ordinance determining

16 and electing to acquire and operate jointly a waterworks

17 system or a common source of supply of water, or both, as the

18 case may be. Such resolution or ordinance may be rescinded at

19 any time prior to the issuance and sale of revenue bonds and

20 after the rescinding municipality has no outstanding

21 obligation to pay a proportionate share of the costs of

22 development, construction, or operation.

23  Any municipality adopting a resolution or ordinance to

24 acquire and operate jointly a waterworks system or a common

25 source of supply of water, or both, as the case may be, under
    SB2394 Enrolled      - 1110 - LRB104 09208 AMC 19265 b

1 the provisions of this Division 135, is authorized from time

2 to time to pay, to advance, or to obligate itself to the

3 Commission, to bear a proportionate share of the development

4 costs of any project proposed by the Commission, including

5 plans, feasibility reports, and engineering, even though the

6 project is never constructed or water is never supplied by the

7 Commission to such municipality.

8   Whenever any municipality determines to pay, to advance,

9 or to obligate itself for its proportionate share of

10 development costs as above provided, it shall adopt an

11 ordinance declaring its intention to do so, fix the maximum

12 amount of its share of the cost it proposes to pay, to advance,

13 or to obligate itself for, and the period over which it

14 proposes to pay its obligation (not exceeding 5 years) and the

15 maximum amount to be paid annually, if such obligation is to be

16 paid in installments. The time of payment of any such

17 installment obligation may be extended for a period of not

18 exceeding five years from the final maturity date of the

19 original obligation.

20  From and after such ordinance becomes effective, it shall

21 be the duty of the municipality to include an amount

22 sufficient to pay the annual installments of its obligation

23 each year in the next succeeding appropriation ordinances. No

24 prior appropriation shall be required for a municipality to

25 authorize the payments, advances, or obligations herein

26 provided for.
    SB2394 Enrolled  - 1111 - LRB104 09208 AMC 19265 b

1   Whenever any municipality has obligated itself for

2 development costs as herein provided and after the effective

3 date of the ordinance under which it obligated itself for a

4 specific amount for development costs of a project and after

5 approval of such obligation by the Commission, the Commission

6 is authorized to borrow funds temporarily for payment of such

7 development costs in advance of permanent financing. The

8 Commission may from time to time and pursuant to an

9 appropriate resolution borrow money and issue its interim

10 notes to evidence borrowings for such purpose, including all

11 necessary and incidental expenses in connection therewith.

12  Any resolution authorizing the issuance of such notes

13 shall describe the project and the development costs to be

14 undertaken, specify the principal amount, rate of interest as

15 authorized under Section 2 of the Bond Authorization Act "An

16 Act to authorize public corporations to issue bonds, other

17 evidences of indebtedness and tax anticipation warrants

18 subject to interest rate limitations set forth therein",

19 approved May 26, 1970, as now or hereafter amended, and the

20 maturity date which shall coincide with the due date of the

21 obligations or the installments thereof incurred by the

22 respective municipalities pursuant to this Section not,

23 however, to exceed 5 years from date.

24  Contemporaneously with the issuance as provided by this

25 Division of revenue bonds, all outstanding interim notes

26 issued for development costs of a project though they have not
    SB2394 Enrolled  - 1112 - LRB104 09208 AMC 19265 b

1 then matured shall be paid, both principal and interest to

2 date of payment, from funds derived from the sale of revenue

3 bonds for the permanent financing of any such project for

4 which interim notes may have been issued and such interim

5 notes shall be surrendered and cancelled.

6   Any municipality adopting a resolution or ordinance to

7 acquire and operate jointly a waterworks system or a common

8 source of supply of water, or both, as the case may be, under

9 the provisions of this Division 135 is further authorized from

10 time to time, to pay, to advance, or to obligate itself to the

11 Commission to bear, a proportionate share of the construction

12 and operating costs of any project proposed by the Commission.

13  Whenever a municipality determines to pay, to advance, or

14 to obligate itself for its proportionate share of construction

15 or operating costs as above provided, it shall adopt an

16 ordinance declaring its intention to do so, fix the maximum

17 amount of its share of the cost it proposes to pay, to advance,

18 or to obligate itself for, and the period over which it

19 proposes to pay its obligation and the maximum amount to be

20 paid annually, if such obligation is to be paid in

21 installments. From and after such ordinance becomes effective,

22 it shall be the duty of the municipality to include an amount

23 sufficient to pay the annual installments of its obligation

24 each year in the next succeeding appropriation ordinances. No

25 prior appropriation shall be required for a municipality to

26 authorize the payments, advances, or obligations herein
    SB2394 Enrolled  - 1113 - LRB104 09208 AMC 19265 b

1 provided for.

2   Whenever any municipality has paid, advanced, or obligated

3 itself for development, construction, or operating costs as

4 herein provided, the Commission is authorized to contract with

5 such municipality, on such terms as may be agreed, for the

6 repayment to such municipality by the Commission of any

7 payment or advance made by such municipality to the Commission

8 to charge, in addition to all other charges and rates

9 authorized under the provisions of this Division, such rates

10 and charges for water sold by the Commission as shall be

11 necessary to provide for such repayment. In addition, any

12 payment or advance of such costs made by a municipality

13 pursuant to this Section may be repaid by the Commission to the

14 municipality from the proceeds of revenue bonds authorized to

15 be issued by the Commission pursuant to this Division 135.

16 (Source: P.A. 82-783; revised 7-31-24.)

17  (65 ILCS 5/11-135-4) (from Ch. 24, par. 11-135-4)

18  Sec. 11-135-4. A commission may from time to time issue

19 its revenue bonds in such principal amounts as the commission

20 shall deem necessary to provide sufficient funds to carry out

21 any of its corporate purposes and powers, including, without

22 limitation, developing, acquiring, constructing, extending, or

23 improving a waterworks system or common source of supply of

24 water, or any combination thereof, the funding or refunding of

25 the principal of, redemption premium, if any, and interest on,
    SB2394 Enrolled  - 1114 - LRB104 09208 AMC 19265 b

1 any bonds issued by it whether or not such bonds or interest to

2 be funded or refunded have or have not become due, the payment

3 of engineering, legal, and other expenses, together with

4 interest to a date one year subsequent to the estimated date of

5 completion of the project, the establishment or increase of

6 reserves to secure or to pay such bonds and interest thereon,

7 the providing of working capital, and the payment of all other

8 costs or expenses of the commission incident to and necessary

9 or convenient to carry out its corporate purposes and powers.

10 These bonds shall have all the qualities of negotiable

11 instruments under the laws of this State and shall not

12 constitute indebtedness of any of the municipalities

13 constituting the commission.

14  Every issue of bonds of such commission shall be payable

15 out of the revenues to be derived pursuant to contracts with

16 the specified municipalities and participating water

17 commissions or by virtue of the operation of any properties

18 acquired or to be acquired or constructed. A commission may

19 issue such types of bonds as it may determine, including bonds

20 as to which the principal and interest are payable exclusively

21 from the revenues from one or more projects, or from an

22 interest therein or a right to the products and services

23 thereof, or from one or more revenue producing contracts made

24 by the commission, or its revenues generally. Any such bonds

25 may be additionally secured by a pledge of any grant, subsidy,

26 or contribution from the United States, the State of Illinois,
    SB2394 Enrolled  - 1115 - LRB104 09208 AMC 19265 b

1 or any unit of local government, or any combination thereof.

2   Before the treasurer of the commission is entitled to

3 receive the proceeds of the sale of such a bond issue, he shall

4 supply a corporate surety bond in an amount equivalent to the

5 amount of funds to be derived from the sale of the bonds, and,

6 in addition thereto, he shall supply a separate corporate

7 surety bond for the faithful accounting of any funds that may

8 come into his possession in an amount equal to the amount of

9 funds likely to come into his hands in any one year from the

10 revenue to be derived from the operation of any of the

11 properties of the commission. The cost of these surety bonds

12 shall be paid by the commission.

13  The revenue bonds shall be issued pursuant to an ordinance

14 or resolution, and may be issued in one or more series, and

15 shall bear such date or dates, mature at such time or times

16 within the estimated period of usefulness of the project

17 involved and in any event not more than 50 years from the date

18 thereof, bear interest at such rate or rates as authorized

19 under Section 2 of the Bond Authorization Act "An Act to

20 authorize public corporations to issue bonds, other evidences

21 of indebtedness and tax anticipation warrants subject to

22 interest rate limitations set forth therein", approved May 26,

23 1970, as now or hereafter amended, which rates may be fixed or

24 variable, be in such denominations, be in such form, either

25 coupon or registered, carry such conversion, registration, and

26 exchange privileges, have such rank or priority, be executed
SB2394 Enrolled  - 1116 - LRB104 09208 AMC 19265 b

 1 in such manner, be payable in such medium of payment at such
 2 place or places within or without the State of Illinois, be
 3 subject to such terms of redemption with or without premium,
 4 and contain or be subject to such other terms as the ordinance
 5 or resolution may provide, and shall not be restricted by the
 6 provisions of any other law limiting the amounts, maturities,
 7 interest rates, or other terms of obligations of public
 8 agencies or private persons. The bonds shall be sold in such
 9 manner as the commission shall determine, at private or public
10 sale. It shall not be necessary that the ordinance or
11 resolution refer to plans and specifications nor that there be
12 on file for public inspection prior to the adoption of such
13 ordinance detailed plans and specifications of the project.
14 This ordinance or resolution may contain such covenants and
15 restrictions in relation to the operation of the properties
16 under the control of the commission and the issuance of
17 additional revenue bonds thereafter as may be deemed necessary
18 or advisable for the assurance of payment of the bonds thereby
19 authorized and as may be thereafter issued. It shall be
20 plainly stated on the face of each bond that it does not
21 constitute an indebtedness of any municipality represented by
22 the commission within the meaning of any statutory or
23 constitutional limitation. Upon the issuance of revenue bonds,
24 the revenue of the commission derived pursuant to contracts
25 entered into for the sale of water to the specified
26 municipalities and from the operation of its properties, shall
    SB2394 Enrolled        - 1117 - LRB104 09208 AMC 19265 b

1 be accounted for as provided in the ordinance or resolution

2 authorizing the issuance of the bonds. Any commission created

3 under the provisions of this Division 135 may also issue new

4 bonds for the purpose of providing funds for the payment of

5 unpaid bonds in accordance with the procedure prescribed by

6 this Division 135.

7   The amendatory Acts of 1971, 1972, 1973, 1975 and 1981 are

8 not a limit upon any municipality which is a home rule unit.

9 (Source: P.A. 91-659, eff. 12-22-99; revised 7-31-24.)

10  Section 385. The Economic Development Project Area Tax

11 Increment Allocation Act of 1995 is amended by changing

12 Section 10 as follows:

13  (65 ILCS 110/10)

14  Sec. 10. Definitions. In this Act, words or terms have the

15 following meanings:

16  (a) "Closed military installation" means a former base,

17 camp, post, station, yard, center, homeport facility for any

18 ship, or other activity under the jurisdiction of the United

19 States Department of the Defense which is not less in the

20 aggregate than 500 acres and which is closed or in the process

21 of being closed by the Secretary of Defense under and pursuant

22 to Title II of the Defense Base Closure and Realignment Act

23 (Public Law 100-526; 10 U.S.C. 2687 note), The Defense Base

24 Closure and Realignment Act of 1990 (part A of title XXIX of
   SB2394 Enrolled  - 1118 - LRB104 09208 AMC 19265 b

1 Public Law 101-510; 10 U.S.C. 2687 note), Section 2687 of

2 Title 10 of the United States Code (10 U.S.C. 2687), or an

3 installation, described in subsection (b) of Section 15 of the

4 Joliet Arsenal Development Authority Act, that has been

5 transferred or is in the process of being transferred by the

6 Secretary of the Army pursuant to the Illinois Land

7 Conservation Act (Title XXIX of Public Law 104-106; 16 U.S.C.

8 1609), as each may be further supplemented or amended.

9  (b) "Economic development plan" means the written plan of

10 a municipality that sets forth an economic development program

11 for an economic development project area. Each economic

12 development plan shall include, but not be limited to, (i)

13 estimated economic development project costs, (ii) the sources

14 of funds to pay those costs, (iii) the nature and term of any

15 obligations to be issued by the municipality to pay those

16 costs, (iv) the most recent equalized assessed valuation of

17 the economic development project area, (v) an estimate of the

18 equalized assessed valuation of the economic development

19 project area after completion of an economic development

20 project, (vi) the estimated date of completion of any economic

21 development project proposed to be undertaken, (vii) a general

22 description of the types of any proposed developers, users, or

23 tenants of any property to be located or improved within the

24 economic development project area, (viii) a description of the

25 type, structure, and general character of the facilities to be

26 developed or improved, (ix) a description of the general land
    SB2394 Enrolled  - 1119 - LRB104 09208 AMC 19265 b

1 uses to apply in the economic development project area, (x) a

2 general description or an estimate of the type, class, and

3 number of employees to be employed in the operation of the

4 facilities to be developed or improved, and (xi) a commitment

5 by the municipality to fair employment practices and an

6 affirmative action plan regarding any economic development

7 program to be undertaken by the municipality.

8   (c) "Economic development project" means any development

9 project furthering the objectives of this Act.

10  (d) "Economic development project area" means any improved

11 or vacant area that (i) is within or partially within and

12 contiguous to the boundaries of a closed military installation

13 as defined in subsection (a) of this Section (except the

14 installation described in Section 15 of the Joliet Arsenal

15 Development Authority Act) or, only in the case of the

16 installation described in Section 15 of the Joliet Arsenal

17 Development Authority Act, is within or contiguous to the

18 closed military installation, (ii) is located entirely within

19 the territorial limits of a municipality, (iii) is contiguous,

20 (iv) is not less in the aggregate than 1 1/2 acres, (v) is

21 suitable for siting by a commercial, manufacturing,

22 industrial, research, transportation, or residential housing

23 enterprise or facilities to include, but not be limited to,

24 commercial businesses, offices, factories, mills, processing

25 plants, industrial or commercial distribution centers,

26 warehouses, repair overhaul or service facilities, freight
    SB2394 Enrolled  - 1120 - LRB104 09208 AMC 19265 b

1 terminals, research facilities, test facilities,

2 transportation facilities, or single-family single or

3 multi-family residential housing units, regardless of whether

4 the area has been used at any time for those facilities and

5 regardless of whether the area has been used or is suitable for

6 other uses and (vi) has been approved and certified by the

7 corporate authorities of the municipality pursuant to this

8 Act.

9   (e) "Economic development project costs" means and

10 includes the total of all reasonable or necessary costs

11 incurred or to be incurred under an economic development

12 project, including, without limitation, the following:

13      (1) Costs of studies, surveys, development of plans

14  and specifications, and implementation and administration

15  of an economic development plan and personnel and

16  professional service costs for architectural, engineering,

17  legal, marketing, financial planning, police, fire, public

18  works, public utility, or other services. No charges for

19  professional services, however, may be based on a

20  percentage of incremental tax revenues.

21      (2) Property assembly costs within an economic

22  development project area, including, but not limited to,

23  acquisition of land and other real or personal property or

24  rights or interests in property.

25      (3) Site preparation costs, including, but not limited

26  to, clearance of any area within an economic development
    SB2394 Enrolled     - 1121 - LRB104 09208 AMC 19265 b

1   project area by demolition or removal of any existing

2   buildings, structures, fixtures, utilities, and

3   improvements and clearing and grading; and including

4   installation, repair, construction, reconstruction,

5   extension, or relocation of public streets, public

6   utilities, and other public site improvements located

7   outside the boundaries of an economic development project

8   area that are essential to the preparation of the economic

9   development project area for use with an economic

10  development plan.

11  (4) Costs of renovation, rehabilitation,

12  reconstruction, relocation, repair, or remodeling of any

13  existing buildings, improvements, equipment, and fixtures

14  within an economic development project area.

15  (5) Costs of installation or construction within an

16  economic development project area of any buildings,

17  structures, works, streets, improvements, equipment,

18  utilities, or fixtures, whether publicly or privately

19  owned or operated.

20  (6) Financing costs, including, but not limited to,

21  all necessary and incidental expenses related to the

22  issuance of obligations, payment of any interest on any

23  obligations issued under this Act that accrues during the

24  estimated period of construction of any economic

25  development project for which the obligations are issued

26  and for not more than 36 months after that period, and any
    SB2394 Enrolled  - 1122 - LRB104 09208 AMC 19265 b

1   reasonable reserves related to the issuance of the

2   obligations.

3   (7) All or a portion of a taxing district's capital or

4   operating costs resulting from an economic development

5   project necessarily incurred or estimated to be incurred

6   by a taxing district in the furtherance of the objectives

7   of an economic development project, to the extent that the

8   municipality, by written agreement, accepts and approves

9   those costs.

10  (8) Relocation costs to the extent that a municipality

11  determines that relocation costs shall be paid or is

12  required to pay relocation costs by federal or State law.

13  (9) The estimated tax revenues from real property in

14  an economic development project area acquired by a

15  municipality in furtherance of an economic development

16  project under this Act that, according to the economic

17  development plan, is to be used for a private use (i) that

18  any taxing district would have received had the

19  municipality not adopted tax increment allocation

20  financing for an economic development project area and

21  (ii) that would result from the taxing district's levies

22  made after the time of the adoption by the municipality of

23  tax increment allocation financing to the time the current

24  equalized assessed value of real property in the economic

25  development project area exceeds the total initial

26  equalized value of real property.
    SB2394 Enrolled  - 1123 - LRB104 09208 AMC 19265 b

1   (10) Costs of rebating ad valorem taxes paid by any

2   developer or other nongovernmental person in whose name

3   the general taxes were paid for the last preceding year on

4   any lot, block, tract, or parcel of land in the economic

5   development project area, provided that:

6   (A) the economic development project area is

7   located in an enterprise zone created under the

8   Illinois Enterprise Zone Act;

9   (B) the ad valorem taxes shall be rebated only in

10  amounts and for a tax year or years as the municipality

11  and any one or more affected taxing districts have

12  agreed by prior written agreement;

13  (C) any amount of rebate of taxes shall not exceed

14  the portion, if any, of taxes levied by the

15  municipality or taxing district or districts that is

16  attributable to the increase in the current equalized

17  assessed valuation of each taxable lot, block, tract,

18  or parcel of real property in the economic development

19  project area over and above the initial equalized

20  assessed value of each property existing at the time

21  property tax allocation financing was adopted for the

22  economic development project area; and

23  (D) costs of rebating ad valorem taxes shall be

24  paid by a municipality solely from the special tax

25  allocation fund established under this Act and shall

26  not be paid from the proceeds of any obligations
    SB2394 Enrolled  - 1124 - LRB104 09208 AMC 19265 b

1   issued by a municipality.

2   (11) Costs of job training or advanced vocational or

3   career education, including, but not limited to, courses

4   in occupational, semi-technical, or technical fields

5   leading directly to employment, incurred by one or more

6   taxing districts, but only if the costs are related to the

7   establishment and maintenance of additional job training,

8   advanced vocational education, or career education

9   programs for persons employed or to be employed by

10  employers located in the economic development project area

11  and only if, when the costs are incurred by a taxing

12  district or taxing districts other than the municipality,

13  they shall be set forth in a written agreement by or among

14  the municipality and the taxing district or taxing

15  districts that describes the program to be undertaken,

16  including, without limitation, the number of employees to

17  be trained, a description of the training and services to

18  be provided, the number and type of positions available or

19  to be available, itemized costs of the program and sources

20  of funds to pay the costs, and the term of the agreement.

21  These costs include, specifically, the payment by

22  community college districts of costs pursuant to Sections

23  3-37, 3-38, 3-40 and 3-40.1 of the Public Community

24  College Act and by school districts of costs pursuant to

25  Sections 10-22.20 and 10-23.3a of the School Code.

26  (12) Private financing costs incurred by a developer
    SB2394 Enrolled    - 1125 - LRB104 09208 AMC 19265 b

1   or other nongovernmental person in connection with an

2   economic development project, provided that:

3   (A) private financing costs shall be paid or

4   reimbursed by a municipality only pursuant to the

5   prior official action of the municipality evidencing

6   an intent to pay or reimburse such private financing

7   costs;

8   (B) except as provided in subparagraph (D), the

9   aggregate amount of the costs paid or reimbursed by a

10  municipality in any one year shall not exceed 30% of

11  the costs paid or incurred by the developer or other

12  nongovernmental person in that year;

13  (C) private financing costs shall be paid or

14  reimbursed by a municipality solely from the special

15  tax allocation fund established under this Act and

16  shall not be paid from the proceeds of any obligations

17  issued by a municipality; and

18  (D) if there are not sufficient funds available in

19  the special tax allocation fund in any year to make the

20  payment or reimbursement in full, any amount of the

21  interest costs remaining to be paid or reimbursed by a

22  municipality shall accrue and be payable when funds

23  are available in the special tax allocation fund to

24  make the payment.

25  If a special service area has been established under the

26 Special Service Area Tax Act, then any tax increment revenues
    SB2394 Enrolled  - 1126 - LRB104 09208 AMC 19265 b

1 derived from the tax imposed pursuant to the Special Service

2 Area Tax Act may be used within the economic development

3 project area for the purposes permitted by that Act as well as

4 the purposes permitted by this Act.

5   (f) "Municipality" means a city, village, or incorporated

6 town.

7   (g) "Obligations" means any instrument evidencing the

8 obligation of a municipality to pay money, including, without

9 limitation, bonds, notes, installment or financing contracts,

10 certificates, tax anticipation warrants or notes, vouchers,

11 and any other evidences of indebtedness.

12  (h) "Taxing districts" means counties, townships, and

13 school, road, park, sanitary, mosquito abatement, forest

14 preserve, public health, fire protection, river conservancy,

15 tuberculosis sanitarium, and any other districts or other

16 municipal corporations with the power to levy taxes.

17 (Source: P.A. 91-642, eff. 8-20-99; revised 10-16-24.)

18  Section 390. The Airport Authorities Act is amended by

19 changing Section 15.2 as follows:

20  (70 ILCS 5/15.2) (from Ch. 15 1/2, par. 68.15b)

21  Sec. 15.2. An Airport Authority may construct office,

22 aircraft hangar and service buildings and appurtenant

23 facilities upon a public airport owned and operated by the

24 authority for the use and occupancy of the State Department of
    SB2394 Enrolled  - 1127 - LRB104 09208 AMC 19265 b

1 Transportation under a lease to the State of Illinois for such

2 purpose. The rents and charges payable thereunder shall be not

3 greater than the total costs to the authority of constructing

4 and maintaining said airport improvements and of funding such

5 costs under the provisions of Sections 8.03, 8.04, 8.08, 15,

6 and 15.1, as amended, of this Act as hereinafter provided. The

7 rentals payable to the authority under such lease, together

8 with such non-tax revenues as are available to the authority,

9 shall also be adequate in amount for the authority to

10 establish and maintain a bond reserve account. Such lease

11 shall not be effective for a longer term than is reasonably

12 required to enable such funding to occur, and in no event shall

13 the term thereof exceed 30 thirty years. Such airport

14 improvements shall be constructed upon plans and

15 specifications approved by the Department of Transportation.

16 The lease of said improvements and the site thereof to the

17 State of Illinois shall be executed by the Department of

18 Central Management Services for the use of the Department of

19 Transportation. In the event the General Assembly does not

20 appropriate the necessary funds for paying the rentals on the

21 lease entered into by the authority under this Section, the

22 authority may lease such facilities to another lessee.

23  The authority may secure the funds required for the

24 construction of said improvements through the issuance and

25 sale of revenue bonds as authorized by and subject to the

26 conditions stated in said Sections 15 and 15.1 of this Act,
    SB2394 Enrolled  - 1128 - LRB104 09208 AMC 19265 b

 1 which bonds shall bear interest at a rate not to exceed that
 2 permitted in the Bond Authorization Act "An Act to authorize
 3 public corporations to issue bonds, other evidences of
 4 indebtedness and tax anticipation warrants subject to interest
 5 rate limitations set forth therein", approved May 26, 1970, as
 6 now or hereafter amended. Such revenue bonds shall be
 7 primarily secured by the income receivable by the authority
 8 under said lease. Other available and unpledged airport
 9 operating income may be pledged by the authority to meet any
10 deficiency in the income from the lease in meeting the
11 principal and interest maturities of said revenue bonds and
12 the maintenance and depreciation requirements of said Section
13 15.1. The principal amount of such revenue bonds shall be
14 based upon the actual total costs of said improvements,
15 including costs of engineering and architects services, the
16 costs incidental to the issuance of the bonds, including legal
17 costs, the costs of selling and printing the bonds, and the
18 interest on the bonds during the time of construction.
19 Construction contracts for said improvements shall be awarded
20 upon competitive bids and such bids and the making of awards
21 shall be subject to approval by the Authority and the
22 Department of Transportation.
23 (Source: P.A. 82-1057; revised 7-31-24.)

24  Section 395. The Metropolitan Pier and Exposition

25 Authority Act is amended by changing Section 23.1 as follows:
   SB2394 Enrolled  - 1129 - LRB104 09208 AMC 19265 b

1  (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)

2  Sec. 23.1. Affirmative action.

3  (a) The Authority shall, within 90 days after the

4 effective date of this amendatory Act of 1984, establish and

5 maintain an affirmative action program designed to promote

6 equal employment opportunity and eliminate the effects of past

7 discrimination. Such program shall include a plan, including

8 timetables where appropriate, which shall specify goals and

9 methods for increasing participation by women and minorities

10 in employment, including employment related to the planning,

11 organization, and staging of the games, by the Authority and

12 by parties which contract with the Authority. The Authority

13 shall submit a detailed plan with the General Assembly prior

14 to September 1 of each year. Such program shall also establish

15 procedures and sanctions, which the Authority shall enforce to

16 ensure compliance with the plan established pursuant to this

17 Section and with State and federal laws and regulations

18 relating to the employment of women and minorities. A

19 determination by the Authority as to whether a party to a

20 contract with the Authority has achieved the goals or employed

21 the methods for increasing participation by women and

22 minorities shall be determined in accordance with the terms of

23 such contracts or the applicable provisions of rules and

24 regulations of the Authority existing at the time such

25 contract was executed, including any provisions for
   SB2394 Enrolled  - 1130 - LRB104 09208 AMC 19265 b

1 consideration of good faith efforts at compliance which the

2 Authority may reasonably adopt.

3  (b) The Authority shall adopt and maintain minority-owned

4 and women-owned business enterprise procurement programs under

5 the affirmative action program described in subsection (a) for

6 any and all work, including all contracting related to the

7 planning, organization, and staging of the games, undertaken

8 by the Authority. That work shall include, but is not limited

9 to, the purchase of professional services, construction

10 services, supplies, materials, and equipment. The programs

11 shall establish goals of awarding not less than 25% of the

12 annual dollar value of all contracts, purchase orders, or

13 other agreements (collectively referred to as "contracts") to

14 minority-owned businesses and 5% of the annual dollar value of

15 all contracts to women-owned businesses. Without limiting the

16 generality of the foregoing, the programs shall require in

17 connection with the prequalification or consideration of

18 vendors for professional service contracts, construction

19 contracts, and contracts for supplies, materials, equipment,

20 and services that each proposer or bidder submit as part of his

21 or her proposal or bid a commitment detailing how he or she

22 will expend 25% or more of the dollar value of his or her

23 contracts with one or more minority-owned businesses and 5% or

24 more of the dollar value with one or more women-owned

25 businesses. Bids or proposals that do not include such

26 detailed commitments are not responsive and shall be rejected
SB2394 Enrolled  - 1131 - LRB104 09208 AMC 19265 b

 1 unless the Authority deems it appropriate to grant a waiver of
 2 these requirements. In addition the Authority may, in
 3 connection with the selection of providers of professional
 4 services, reserve the right to select a minority-owned or
 5 women-owned business or businesses to fulfill the commitment
 6 to minority and woman business participation. The commitment
 7 to minority and woman business participation may be met by the
 8 contractor or professional service provider's status as a
 9 minority-owned or women-owned business, by joint venture or by
10 subcontracting a portion of the work with or purchasing
11 materials for the work from one or more such businesses, or by
12 any combination thereof. Each contract shall require the
13 contractor or provider to submit a certified monthly report
14 detailing the status of that contractor or provider's
15 compliance with the Authority's minority-owned and women-owned
16 business enterprise procurement program. The Authority, after
17 reviewing the monthly reports of the contractors and
18 providers, shall compile a comprehensive report regarding
19 compliance with this procurement program and file it quarterly
20 with the General Assembly. If, in connection with a particular
21 contract, the Authority determines that it is impracticable or
22 excessively costly to obtain minority-owned or women-owned
23 businesses to perform sufficient work to fulfill the
24 commitment required by this subsection, the Authority shall
25 reduce or waive the commitment in the contract, as may be
26 appropriate. The Authority shall establish rules and
    SB2394 Enrolled       - 1132 - LRB104 09208 AMC 19265 b

1 regulations setting forth the standards to be used in

2 determining whether or not a reduction or waiver is

3 appropriate. The terms "minority-owned business" and

4 "women-owned business" have the meanings given to those terms

5 in the Business Enterprise for Minorities, Women, and Persons

6 with Disabilities Act.

7   (c) The Authority shall adopt and maintain an affirmative

8 action program in connection with the hiring of minorities and

9 women on the Expansion Project and on any and all construction

10 projects, including all contracting related to the planning,

11 organization, and staging of the games, undertaken by the

12 Authority. The program shall be designed to promote equal

13 employment opportunity and shall specify the goals and methods

14 for increasing the participation of minorities and women in a

15 representative mix of job classifications required to perform

16 the respective contracts awarded by the Authority.

17  (d) In connection with the Expansion Project, the

18 Authority shall incorporate the following elements into its

19 minority-owned and women-owned business procurement programs

20 to the extent feasible: (1) a major contractors program that

21 permits minority-owned businesses and women-owned businesses

22 to bear significant responsibility and risk for a portion of

23 the project; (2) a mentor/protege program that provides

24 financial, technical, managerial, equipment, and personnel

25 support to minority-owned businesses and women-owned

26 businesses; (3) an emerging firms program that includes
    SB2394 Enrolled  - 1133 - LRB104 09208 AMC 19265 b

1 minority-owned businesses and women-owned businesses that

2 would not otherwise qualify for the project due to

3 inexperience or limited resources; (4) a small projects

4 program that includes participation by smaller minority-owned

5 businesses and women-owned businesses on jobs where the total

6 dollar value is $5,000,000 or less; and (5) a set-aside

7 program that will identify contracts requiring the expenditure

8 of funds less than $50,000 for bids to be submitted solely by

9 minority-owned businesses and women-owned businesses.

10  (e) The Authority is authorized to enter into agreements

11 with contractors' associations, labor unions, and the

12 contractors working on the Expansion Project to establish an

13 Apprenticeship Preparedness Training Program to provide for an

14 increase in the number of minority and women journeymen and

15 apprentices in the building trades and to enter into

16 agreements with Community College District 508 to provide

17 readiness training. The Authority is further authorized to

18 enter into contracts with public and private educational

19 institutions and persons in the hospitality industry to

20 provide training for employment in the hospitality industry.

21  (f) McCormick Place Advisory Board. There is created a

22 McCormick Place Advisory Board composed as follows: 2 members

23 shall be appointed by the Mayor of Chicago; 2 members shall be

24 appointed by the Governor; 2 members shall be State Senators

25 appointed by the President of the Senate; 2 members shall be

26 State Senators appointed by the Minority Leader of the Senate;
    SB2394 Enrolled  - 1134 - LRB104 09208 AMC 19265 b

1 2 members shall be State Representatives appointed by the

2 Speaker of the House of Representatives; and 2 members shall

3 be State Representatives appointed by the Minority Leader of

4 the House of Representatives. The terms of all previously

5 appointed members of the Advisory Board expire on the

6 effective date of this amendatory Act of the 92nd General

7 Assembly. A State Senator or State Representative member may

8 appoint a designee to serve on the McCormick Place Advisory

9 Board in his or her absence.

10  A "member of a minority group" shall mean a person who is a

11 citizen or lawful permanent resident of the United States and

12 who is any of the following:

13  (1) American Indian or Alaska Native (a person having

14  origins in any of the original peoples of North and South

15  America, including Central America, and who maintains

16  tribal affiliation or community attachment).

17  (2) Asian (a person having origins in any of the

18  original peoples of the Far East, Southeast Asia, or the

19  Indian subcontinent, including, but not limited to,

20  Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

21  the Philippine Islands, Thailand, and Vietnam).

22  (3) Black or African American (a person having origins

23  in any of the black racial groups of Africa).

24  (4) Hispanic or Latino (a person of Cuban, Mexican,

25  Puerto Rican, South or Central American, or other Spanish

26  culture or origin, regardless of race).
    SB2394 Enrolled  - 1135 - LRB104 09208 AMC 19265 b

1   (5) Native Hawaiian or Other Pacific Islander (a

2   person having origins in any of the original peoples of

3   Hawaii, Guam, Samoa, or other Pacific Islands).

4   Members of the McCormick Place Advisory Board shall serve

5 2-year terms and until their successors are appointed, except

6 members who serve as a result of their elected position whose

7 terms shall continue as long as they hold their designated

8 elected positions. Vacancies shall be filled by appointment

9 for the unexpired term in the same manner as original

10 appointments are made. The McCormick Place Advisory Board

11 shall elect its own chairperson.

12  Members of the McCormick Place Advisory Board shall serve

13 without compensation but, at the Authority's discretion, shall

14 be reimbursed for necessary expenses in connection with the

15 performance of their duties.

16  The McCormick Place Advisory Board shall meet quarterly,

17 or as needed, shall produce any reports it deems necessary,

18 and shall:

19  (1) Work with the Authority on ways to improve the

20  area physically and economically;

21  (2) Work with the Authority regarding potential means

22  for providing increased economic opportunities to

23  minorities and women produced indirectly or directly from

24  the construction and operation of the Expansion Project;

25  (3) Work with the Authority to minimize any potential

26  impact on the area surrounding the McCormick Place
    SB2394 Enrolled   - 1136 - LRB104 09208 AMC 19265 b

1   Expansion Project, including any impact on minority-owned

2   or women-owned businesses, resulting from the construction

3   and operation of the Expansion Project;

4   (4) Work with the Authority to find candidates for

5   building trades apprenticeships, for employment in the

6   hospitality industry, and to identify job training

7   programs;

8   (5) Work with the Authority to implement the

9   provisions of subsections (a) through (e) of this Section

10  in the construction of the Expansion Project, including

11  the Authority's goal of awarding not less than 25% and 5%

12  of the annual dollar value of contracts to minority-owned

13  and women-owned businesses, the outreach program for

14  minorities and women, and the mentor/protege program for

15  providing assistance to minority-owned and women-owned

16  businesses.

17  (g) (Blank). The Authority shall comply with subsection

18 (e) of Section 5-42 of the Olympic Games and Paralympic Games

19 (2016) Law. For purposes of this Section, the term "games" has

20 the meaning set forth in the Olympic Games and Paralympic

21 Games (2016) Law.

22 (Source: P.A. 102-465, eff. 1-1-22; revised 10-24-24.)

23  Section 400. The Conservation District Act is amended by

24 changing Section 15 as follows:
    SB2394 Enrolled    - 1137 - LRB104 09208 AMC 19265 b

1   (70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)

2   Sec. 15. (a) Whenever a district does not have sufficient

3 money in its treasury to meet all necessary expenses and

4 liabilities thereof, it may issue tax anticipation warrants.

5 Such issue of tax anticipation warrants shall be subject to

6 the provisions of Section 2 of the Warrants and Jurors

7 Certificates Act "An Act to provide for the manner of issuing

8 warrants upon the treasurer of the State or of any county,

9 township, or other municipal corporation or quasi municipal

10 corporation, or of any farm drainage district, river district,

11 drainage and levee district, fire protection district and

12 jurors' certificates", approved June 27, 1913, as now and

13 hereafter amended.

14  (b) For the purpose of acquisition of real property, or

15 rights thereto, a district may incur indebtedness and, as

16 evidence of the indebtedness thus created, may issue and sell

17 bonds without first obtaining the consent of the legal voters

18 of the district.

19  (b-5) For the purpose of development of real property, all

20 or a portion of which has been acquired with

21 referendum-approved bonds, a district located entirely within

22 McHenry County may incur indebtedness and, as evidence of the

23 indebtedness thus created, may issue and sell bonds without

24 first obtaining the consent of the legal voters of the

25 district. Development, for the purposes of this subsection

26 (b-5), shall mean the improvement or maintenance of existing
    SB2394 Enrolled  - 1138 - LRB104 09208 AMC 19265 b

1 trails, parking lots, bridges, roads, picnic shelters, and

2 other improvements, adding or improving access to conservation

3 areas or district facilities to comply with the Americans with

4 Disabilities Act, demolition of unnecessary or unsafe

5 structures, and the stabilization, revitalization, or

6 rehabilitation of historic structures.

7   (c) For the purpose of development of real property, a

8 district may incur indebtedness and, as evidence of the

9 indebtedness thus created, may issue and sell bonds only after

10 the proposition to issue bonds has been submitted to the legal

11 voters of the district at an election and has been approved by

12 a majority of those voting on the proposition. Such election

13 is subject to Section 15.1 of this Act.

14  (d) No district shall become indebted in any manner or for

15 any purpose, to any amount including existing indebtedness in

16 the aggregate exceeding 0.575% of the value, as equalized or

17 assessed by the Department of Revenue, of the taxable property

18 therein; except that a district entirely within a county of

19 under 750,000 inhabitants and contiguous to a county of more

20 than 2,000,000 inhabitants may incur indebtedness, including

21 existing indebtedness, in the aggregate not exceeding 1.725%

22 of that value if the aggregate indebtedness over 0.575% is

23 submitted to the legal voters of the district at an election

24 and is approved by a majority of those voting on the

25 proposition as provided in Section 15.1.

26  The following do not in any way limit the right of a
    SB2394 Enrolled  - 1139 - LRB104 09208 AMC 19265 b

1 district to issue non-referendum bonds under this Section:

2 bonds heretofore or hereafter issued and outstanding that are

3 approved by referendum, as described in this subsection (d);

4 refunding bonds issued to refund or continue to refund bonds

5 approved by referendum; and bonds issued under this Section

6 that have been paid in full or for which provisions for payment

7 have been made by an irrevocable deposit of funds in an amount

8 sufficient to pay the principal and interest on those bonds to

9 their respective maturity date.

10  (e) Before or at the time of issuing bonds as described in

11 this Section, the district shall provide by ordinance for the

12 collection of an annual tax, in addition to all other taxes

13 authorized by this Act act, sufficient to pay such bonds and

14 the interest thereon as the same respectively become due. Such

15 bonds shall be divided into series, the first of which shall

16 mature not later than 5 years after the date of issue and the

17 last of which shall mature not later than 25 years after the

18 date of issue; shall bear interest at a rate or rates not

19 exceeding the maximum rate permitted in the Bond Authorization

20 Act "An Act to authorize public corporations to issue bonds,

21 other evidences of indebtedness and tax anticipation warrants

22 subject to interest rate limitations set forth therein",

23 approved May 26, 1970, as now or hereafter amended; shall be in

24 such form as the district shall by resolution provide; and

25 shall be payable as to both principal and interest from the

26 proceeds of the annual levy of taxes authorized to be levied by
    SB2394 Enrolled   - 1140 - LRB104 09208 AMC 19265 b

 1 this Section, or so much thereof as will be sufficient to pay
 2 the principal thereof and the interest thereon. Prior to the
 3 authorization and issuance of such bonds the district may,
 4 with or without notice, negotiate and enter into an agreement
 5 or agreements with any bank, investment banker, trust company,
 6 or insurance company, or group thereof, whereunder the
 7 marketing of such bonds may be assured and consummated. The
 8 proceeds of such bonds shall be deposited in a special fund, to
 9 be kept separate and apart from all other funds of the
10 conservation district.
11 (Source: P.A. 98-1168, eff. 6-1-15; revised 7-31-24.)

12  Section 405. The Central Illinois Economic Development

13 Authority Act is amended by changing Section 21 as follows:

14  (70 ILCS 504/21)

15  Sec. 21. Requests for assistance; disclosure of economic

16 interests.

17  (a) The Authority may not hear a request for assistance

18 from a restricted person. This prohibition extends to business

19 relationships between a person who is an Authority leader

20 within one year prior to the request for assistance and to any

21 entity in which a restricted person holds or, within the past 2

22 years, held an ownership interest of 10% or more.

23  (b) An Authority leader shall disclose and recuse himself

24 or herself from matters relating to requests for assistance
    SB2394 Enrolled  - 1141 - LRB104 09208 AMC 19265 b

1 from an entity that is relocating full-time employees from

2 another Authority's counties if (i) both Authorities contract

3 with or employ the same Authority leader or (ii) there is or,

4 within the past 2 years of the request, there was a business

5 relationship between the Authority leaders at the 2

6 Authorities.

7   (c) The Board of the Authority shall vote to renew the

8 appointment of the Executive Director and other Authority

9 leaders on an annual basis. All contracts shall be approved on

10 an annual basis and use a public process to solicit

11 applications. This requirement does not apply to full-time

12 employees of the Authority unless otherwise required by

13 applicable State law or local ordinance.

14  (g) Each Authority leader shall submit a statement of

15 economic interests interest in accordance with Article 4A of

16 the Illinois Governmental Ethics Act. Additionally, each

17 Authority leader shall disclose to the Board outside sources

18 of income and any business relationships in economic

19 development consulting or lobbying. Reporting shall include

20 the source of income, services provided, and timeline of when

21 services were provided. If the source of income is a firm or

22 organization with multiple clients, the report shall list all

23 of the entities for which the individual provided services.

24 (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)

25  Section 410. The Eastern Illinois Economic Development
    SB2394 Enrolled   - 1142 - LRB104 09208 AMC 19265 b

1 Authority Act is amended by changing Section 21 as follows:

2   (70 ILCS 506/21)

3   Sec. 21. Requests for assistance; disclosure of economic

4 interests.

5   (a) The Authority may not hear a request for assistance

6 from a restricted person. This prohibition extends to business

7 relationships between a person who is an Authority leader

8 within one year prior to the request for assistance and to any

9 entity in which a restricted person holds or, within the past 2

10 years, held an ownership interest of 10% or more.

11  (b) An Authority leader shall disclose and recuse himself

12 or herself from matters relating to requests for assistance

13 from an entity that is relocating full-time employees from

14 another Authority's counties if (i) both Authorities contract

15 with or employ the same Authority leader or (ii) there is or,

16 within the past 2 years of the request, there was a business

17 relationship between the Authority leaders at the 2

18 Authorities.

19  (c) The Board of the Authority shall vote to renew the

20 appointment of the Executive Director and other Authority

21 leaders on an annual basis. All contracts shall be approved on

22 an annual basis and use a public process to solicit

23 applications. This requirement does not apply to full-time

24 employees of the Authority unless otherwise required by

25 applicable State law or local ordinance.
    SB2394 Enrolled   - 1143 - LRB104 09208 AMC 19265 b

1   (d) Each Authority leader shall submit a statement of

2 economic interests interest in accordance with Article 4A of

3 the Illinois Governmental Ethics Act. Additionally, each

4 Authority leader shall disclose to the Board outside sources

5 of income and any business relationships in economic

6 development consulting or lobbying. Reporting shall include

7 the source of income, services provided, and timeline of when

8 services were provided. If the source of income is a firm or

9 organization with multiple clients, the report shall list all

10 of the entities for which the individual provided services.

11 (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)

12  Section 415. The Joliet Arsenal Development Authority Act

13 is amended by changing Section 21 as follows:

14  (70 ILCS 508/21)

15  Sec. 21. Requests for assistance; disclosure of economic

16 interests.

17  (a) The Authority may not hear a request for assistance

18 from a restricted person. This prohibition extends to business

19 relationships between a person who is an Authority leader

20 within one year prior to the request for assistance and to any

21 entity in which a restricted person holds or, within the past 2

22 years, held an ownership interest of 10% or more.

23  (b) An Authority leader shall disclose and recuse himself

24 or herself from matters relating to requests for assistance
    SB2394 Enrolled  - 1144 - LRB104 09208 AMC 19265 b

1 from an entity that is relocating full-time employees from

2 another Authority's counties if (i) both Authorities contract

3 with or employ the same Authority leader or (ii) there is or,

4 within the past 2 years of the request, there was a business

5 relationship between the Authority leaders at the 2

6 Authorities.

7   (c) The Board of the Authority shall vote to renew the

8 appointment of the Executive Director and other Authority

9 leaders on an annual basis. All contracts shall be approved on

10 an annual basis and use a public process to solicit

11 applications. This requirement does not apply to full-time

12 employees of the Authority unless otherwise required by

13 applicable State law or local ordinance.

14  (d) Each Authority leader shall submit a statement of

15 economic interests interest in accordance with Article 4A of

16 the Illinois Governmental Ethics Act. Additionally, each

17 Authority leader shall disclose to the Board outside sources

18 of income and any business relationships in economic

19 development consulting or lobbying. Reporting shall include

20 the source of income, services provided, and timeline of when

21 services were provided. If the source of income is a firm or

22 organization with multiple clients, the report shall list all

23 of the entities for which the individual provided services.

24 (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)

25  Section 420. The Quad Cities Regional Economic Development
    SB2394 Enrolled  - 1145 - LRB104 09208 AMC 19265 b

1 Authority Act, approved September 22, 1987 is amended by
2 changing Section 5 as follows:

3   (70 ILCS 510/5) (from Ch. 85, par. 6205)

4   Sec. 5. Conflicts of interest; requests for assistance;

5 disclosure of economic interests.

6   (a) No member of the Authority or officer, agent, or

7 employee thereof other than the representatives of a

8 professional sports team shall, in his or her own name or in

9 the name of a nominee, be an officer, director, or hold an

10 ownership interest of more than 7-1/2% in any person,

11 association, trust, corporation, partnership, or other entity

12 which is, in its own name or in the name of a nominee, a party

13 to a contract or agreement upon which the member or officer,

14 agent, or employee may be called upon to act or vote.

15  (b) With respect to any direct or any indirect interest,

16 other than an interest prohibited in subsection (a), in a

17 contract or agreement upon which the member or officer, agent,

18 or employee may be called upon to act or vote, a member of the

19 Authority or officer, agent, or employee thereof shall

20 disclose the same to the secretary of the Authority prior to

21 the taking of final action by the Authority concerning such

22 contract or agreement and shall so disclose the nature and

23 extent of such interest and his or her acquisition thereof,

24 which disclosures shall be publicly acknowledged by the

25 Authority and entered upon the minutes of the Authority. If a
    SB2394 Enrolled  - 1146 - LRB104 09208 AMC 19265 b

1 member of the Authority or officer, agent, or employee thereof

2 holds such an interest, then he or she shall refrain from any

3 further official involvement in regard to such contract or

4 agreement, from voting on any matter pertaining to such

5 contract or agreement, and from communicating with other

6 members of the Authority or its officers, agents, and

7 employees concerning said contract or agreement.

8 Notwithstanding any other provision of law, any contract or

9 agreement entered into in conformity with this subsection (b)

10 shall not be void or invalid by reason of the interest

11 described in this subsection, nor shall any person so

12 disclosing the interest and refraining from further official

13 involvement as provided in this subsection be guilty of an

14 offense, be removed from office, or be subject to any other

15 penalty on account of such interest.

16  (c) Any contract or agreement made in violation of

17 subsection (a) or (b) of this Section shall be null and void

18 and give rise to no action against the Authority. No real

19 estate to which a member or employee of the Authority holds

20 legal title or in which such person has any beneficial

21 interest, including any interest in a land trust, shall be

22 purchased by the Authority or by a nonprofit corporation or

23 limited-profit entity for a development to be financed under

24 this Act. All members and employees of the Authority shall

25 file annually with the Authority a record of all real estate in

26 this State of which such person holds legal title or in which
    SB2394 Enrolled  - 1147 - LRB104 09208 AMC 19265 b

1 such person has any beneficial interest, including any

2 interest in a land trust. In the event it is later disclosed

3 that the Authority has purchased real estate in which a member

4 or employee had an interest, such purchase shall be voidable

5 by the Authority and the member or employee involved shall be

6 disqualified from membership in or employment by the

7 Authority.

8   (d) The Authority may not hear a request for assistance

9 from a restricted person. This prohibition extends to business

10 relationships between a person who is an Authority leader

11 within one year prior to the request for assistance and to any

12 entity in which a restricted person holds or, within the past 2

13 years, held an ownership interest of 10% or more.

14  (e) An Authority leader shall disclose and recuse himself

15 or herself from matters relating to requests for assistance

16 from an entity that is relocating full-time employees from

17 another Authority's counties if (i) both Authorities contract

18 with or employ the same Authority leader or (ii) there is or,

19 within the past 2 years of the request, there was a business

20 relationship between the Authority leaders at the 2

21 Authorities.

22  (f) The Board of the Authority shall vote to renew the

23 appointment of the Executive Director and other Authority

24 leaders on an annual basis. All contracts shall be approved on

25 an annual basis and use a public process to solicit

26 applications. This requirement does not apply to full-time
    SB2394 Enrolled   - 1148 - LRB104 09208 AMC 19265 b

1 employees of the Authority unless otherwise required by

2 applicable State law or local ordinance.

3   (g) Each Authority leader shall submit a statement of

4 economic interests interest in accordance with Article 4A of

5 the Illinois Governmental Ethics Act. Additionally, each

6 Authority leader shall disclose to the Board outside sources

7 of income and any business relationships in economic

8 development consulting or lobbying. Reporting shall include

9 the source of income, services provided, and timeline of when

10 services were provided. If the source of income is a firm or

11 organization with multiple clients, the report shall list all

12 of the entities for which the individual provided services.

13 (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)

14  Section 425. The Riverdale Development Authority Act is

15 amended by changing Section 21 as follows:

16  (70 ILCS 516/21)

17  Sec. 21. Requests for assistance; disclosure of economic

18 interests.

19  (a) The Authority may not hear a request for assistance

20 from a restricted person. This prohibition extends to business

21 relationships between a person who is an Authority leader

22 within one year prior to the request for assistance and to any

23 entity in which a restricted person holds or, within the past 2

24 years, held an ownership interest of 10% or more.
    SB2394 Enrolled  - 1149 - LRB104 09208 AMC 19265 b

1   (b) An Authority leader shall disclose and recuse himself

2 or herself from matters relating to requests for assistance

3 from an entity that is relocating full-time employees from

4 another Authority's counties if (i) both Authorities contract

5 with or employ the same Authority leader or (ii) there is or,

6 within the past 2 years of the request, there was a business

7 relationship between the Authority leaders at the 2

8 Authorities.

9   (c) The Board of the Authority shall vote to renew the

10 appointment of the Executive Director and other Authority

11 leaders on an annual basis. All contracts shall be approved on

12 an annual basis and use a public process to solicit

13 applications. This requirement does not apply to full-time

14 employees of the Authority unless otherwise required by

15 applicable State law or local ordinance.

16  (d) Each Authority leader shall submit a statement of

17 economic interests interest in accordance with Article 4A of

18 the Illinois Governmental Ethics Act. Additionally, each

19 Authority leader shall disclose to the Board outside sources

20 of income and any business relationships in economic

21 development consulting or lobbying. Reporting shall include

22 the source of income, services provided, and timeline of when

23 services were provided. If the source of income is a firm or

24 organization with multiple clients, the report shall list all

25 of the entities for which the individual provided services.

26 (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)
    SB2394 Enrolled   - 1150 - LRB104 09208 AMC 19265 b

1   Section 430. The Southeastern Illinois Economic

2 Development Authority Act is amended by changing Section 26 as

3 follows:

4   (70 ILCS 518/26)

5   Sec. 26. Requests for assistance; disclosure of economic

6 interests.

7   (a) The Authority may not hear a request for assistance

8 from a restricted person. This prohibition extends to business

9 relationships between a person who is an Authority leader

10 within one year prior to the request for assistance and to any

11 entity in which a restricted person holds or, within the past 2

12 years, held an ownership interest of 10% or more.

13  (b) An Authority leader shall disclose and recuse himself

14 or herself from matters relating to requests for assistance

15 from an entity that is relocating full-time employees from

16 another Authority's counties if (i) both Authorities contract

17 with or employ the same Authority leader or (ii) there is or,

18 within the past 2 years of the request, there was a business

19 relationship between the Authority leaders at the 2

20 Authorities.

21  (c) The Board of the Authority shall vote to renew the

22 appointment of the Executive Director and other Authority

23 leaders on an annual basis. All contracts shall be approved on

24 an annual basis and use a public process to solicit
    SB2394 Enrolled     - 1151 - LRB104 09208 AMC 19265 b

1 applications. This requirement does not apply to full-time

2 employees of the Authority unless otherwise required by

3 applicable State law or local ordinance.

4   (d) Each Authority leader shall submit a statement of

5 economic interests interest in accordance with Article 4A of

6 the Illinois Governmental Ethics Act. Additionally, each

7 Authority leader shall disclose to the Board outside sources

8 of income and any business relationships in economic

9 development consulting or lobbying. Reporting shall include

10 the source of income, services provided, and timeline of when

11 services were provided. If the source of income is a firm or

12 organization with multiple clients, the report shall list all

13 of the entities for which the individual provided services.

14 (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)

15  Section 435. The Southern Illinois Economic Development

16 Authority Act is amended by changing Section 5-26 as follows:

17  (70 ILCS 519/5-26)

18  Sec. 5-26. Requests for assistance; disclosure of economic

19 interests.

20  (a) The Authority may not hear a request for assistance

21 from a restricted person. This prohibition extends to business

22 relationships between a person who is an Authority leader

23 within one year prior to the request for assistance and to any

24 entity in which a restricted person holds or, within the past 2
    SB2394 Enrolled  - 1152 - LRB104 09208 AMC 19265 b

1 years, held an ownership interest of 10% or more.

2   (b) An Authority leader shall disclose and recuse himself

3 or herself from matters relating to requests for assistance

4 from an entity that is relocating full-time employees from

5 another Authority's counties if (i) both Authorities contract

6 with or employ the same Authority leader or (ii) there is or,

7 within the past 2 years of the request, there was a business

8 relationship between the Authority leaders at the 2

9 Authorities.

10  (c) The Board of the Authority shall vote to renew the

11 appointment of the Executive Director and other Authority

12 leaders on an annual basis. All contracts shall be approved on

13 an annual basis and use a public process to solicit

14 applications. This requirement does not apply to full-time

15 employees of the Authority unless otherwise required by

16 applicable State law or local ordinance.

17  (d) Each Authority leader shall submit a statement of

18 economic interests interest in accordance with Article 4A of

19 the Illinois Governmental Ethics Act. Additionally, each

20 Authority leader shall disclose to the Board outside sources

21 of income and any business relationships in economic

22 development consulting or lobbying. Reporting shall include

23 the source of income, services provided, and timeline of when

24 services were provided. If the source of income is a firm or

25 organization with multiple clients, the report shall list all

26 of the entities for which the individual provided services.
    SB2394 Enrolled  - 1153 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)

2   Section 440. The Southwestern Illinois Development

3 Authority Act is amended by changing Section 11.1 as follows:

4   (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)

5   Sec. 11.1. (a) No member of the Authority or officer,

6 agent, or employee of the Authority shall, in his or her own

7 name or in the name of a nominee, be an officer or director of

8 or hold an ownership of more than 7.5% in any person,

9 association, trust, corporation, partnership, or other entity

10 that is, in its own name or in the name of a nominee, a party

11 to a contract or agreement upon which the member, officer,

12 agent, or employee may be called upon to act or vote.

13  (b) With respect to any direct or any indirect interest,

14 other than an interest prohibited in subsection (a), in a

15 contract or agreement upon which the member, officer, agent,

16 or employee may be called upon to act or vote, the member,

17 officer, agent, or employee shall disclose that interest to

18 the secretary of the Authority before the taking of final

19 action by the Authority concerning that contract or agreement

20 and shall also disclose the nature and extent of that interest

21 and his or her acquisition of that interest, which disclosures

22 shall be publicly acknowledged by the Authority and entered

23 upon the minutes of the Authority. If a member of the Authority

24 or an officer, agent, or employee of the Authority holds such
    SB2394 Enrolled        - 1154 - LRB104 09208 AMC 19265 b

1 an interest, then he or she shall refrain from any further

2 official involvement in regard to the contract or agreement,

3 from voting on any matter pertaining to the contract or

4 agreement, and from communicating with other members of the

5 Authority or its officers, agents, and employees concerning

6 the contract or agreement. Notwithstanding any other provision

7 of law, any contract or agreement entered into in conformity

8 with this subsection (b) shall not be void or invalid by reason

9 of an interest described in this subsection, nor shall any

10 person so disclosing the interest and refraining from further

11 official involvement as provided in this subsection be guilty

12 of an offense, be removed from office, or be subject to any

13 other penalty on account of that interest.

14  (c) Any contract or agreement made in violation of

15 subsection (a) or (b) is void and gives rise to no action

16 against the Authority.

17  (d) The Authority may not hear a request for assistance

18 from a restricted person. This prohibition extends to business

19 relationships between a person who is an Authority leader

20 within one year prior to the request for assistance and to any

21 entity in which a restricted person holds or, within the past 2

22 years, held an ownership interest of 10% or more.

23  (e) An Authority leader shall disclose and recuse himself

24 or herself from matters relating to requests for assistance

25 from an entity that is relocating full-time employees from

26 another Authority's counties if (i) both Authorities contract
    SB2394 Enrolled  - 1155 - LRB104 09208 AMC 19265 b

1 with or employ the same Authority leader or (ii) there is or,

2 within the past 2 years of the request, there was a business

3 relationship between the Authority leaders at the 2

4 Authorities.

5   (f) The Board of the Authority shall vote to renew the

6 appointment of the Executive Director and other Authority

7 leaders on an annual basis. All contracts shall be approved on

8 an annual basis and use a public process to solicit

9 applications. This requirement does not apply to full-time

10 employees of the Authority unless otherwise required by

11 applicable State law or local ordinance.

12  (g) Each Authority leader shall submit a statement of

13 economic interests interest in accordance with Article 4A of

14 the Illinois Governmental Ethics Act. Additionally, each

15 Authority leader shall disclose to the Board outside sources

16 of income and any business relationships in economic

17 development consulting or lobbying. Reporting shall include

18 the source of income, services provided, and timeline of when

19 services were provided. If the source of income is a firm or

20 organization with multiple clients, the report shall list all

21 of the entities for which the individual provided services.

22 (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)

23  Section 445. The Tri-County River Valley Development

24 Authority Law is amended by changing Section 2005.1 as

25 follows:
    SB2394 Enrolled       - 1156 - LRB104 09208 AMC 19265 b

1   (70 ILCS 525/2005.1)

2   Sec. 2005.1. Requests for assistance; disclosure of

3 economic interests.

4   (a) The Authority may not hear a request for assistance

5 from a restricted person. This prohibition extends to business

6 relationships between a person who is an Authority leader

7 within one year prior to the request for assistance and to any

8 entity in which a restricted person holds or, within the past 2

9 years, held an ownership interest of 10% or more.

10  (b) An Authority leader shall disclose and recuse himself

11 or herself from matters relating to requests for assistance

12 from an entity that is relocating full-time employees from

13 another Authority's counties if (i) both Authorities contract

14 with or employ the same Authority leader or (ii) there is or,

15 within the past 2 years of the request, there was a business

16 relationship between the Authority leaders at the 2

17 Authorities.

18  (c) The Board of the Authority shall vote to renew the

19 appointment of the Executive Director and other Authority

20 leaders on an annual basis. All contracts shall be approved on

21 an annual basis and use a public process to solicit

22 applications. This requirement does not apply to full-time

23 employees of the Authority unless otherwise required by

24 applicable State law or local ordinance.

25  (d) Each Authority leader shall submit a statement of
    SB2394 Enrolled    - 1157 - LRB104 09208 AMC 19265 b

 1 economic interests interest in accordance with Article 4A of
 2 the Illinois Governmental Ethics Act. Additionally, each
 3 Authority leader shall disclose to the Board outside sources
 4 of income and any business relationships in economic
 5 development consulting or lobbying. Reporting shall include
 6 the source of income, services provided, and timeline of when
 7 services were provided. If the source of income is a firm or
 8 organization with multiple clients, the report shall list all
 9 of the entities for which the individual provided services.
10 (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)

11  Section 450. The Upper Illinois River Valley Development

12 Authority Act is amended by changing Sections 5.1 and 7 as

13 follows:

14  (70 ILCS 530/5.1)

15  Sec. 5.1. Requests for assistance; disclosure of economic

16 interests.

17  (a) The Authority may not hear a request for assistance

18 from a restricted person. This prohibition extends to business

19 relationships between a person who is an Authority leader

20 within one year prior to the request for assistance and to any

21 entity in which a restricted person holds or, within the past 2

22 years, held an ownership interest of 10% or more.

23  (b) An Authority leader shall disclose and recuse himself

24 or herself from matters relating to requests for assistance
    SB2394 Enrolled  - 1158 - LRB104 09208 AMC 19265 b

1 from an entity that is relocating full-time employees from

2 another Authority's counties if (i) both Authorities contract

3 with or employ the same Authority leader or (ii) there is or,

4 within the past 2 years of the request, there was a business

5 relationship between the Authority leaders at the 2

6 Authorities.

7   (c) The Board of the Authority shall vote to renew the

8 appointment of the Executive Director and other Authority

9 leaders on an annual basis. All contracts shall be approved on

10 an annual basis and use a public process to solicit

11 applications. This requirement does not apply to full-time

12 employees of the Authority unless otherwise required by

13 applicable State law or local ordinance.

14  (d) Each Authority leader shall submit a statement of

15 economic interests interest in accordance with Article 4A of

16 the Illinois Governmental Ethics Act. Additionally, each

17 Authority leader shall disclose to the Board outside sources

18 of income and any business relationships in economic

19 development consulting or lobbying. Reporting shall include

20 the source of income, services provided, and timeline of when

21 services were provided. If the source of income is a firm or

22 organization with multiple clients, the report shall list all

23 of the entities for which the individual provided services.

24 (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)

25  (70 ILCS 530/7) (from Ch. 85, par. 7157)
   SB2394 Enrolled  - 1159 - LRB104 09208 AMC 19265 b

1  Sec. 7. Bonds.

2  (a) The Authority, with the written approval of the

3 Governor, shall have the continuing power to issue bonds,

4 notes, or other evidences of indebtedness in an aggregate

5 amount outstanding not to exceed $500,000,000 for the purpose

6 of developing, constructing, acquiring, or improving projects,

7 including those established by business entities locating or

8 expanding property within the territorial jurisdiction of the

9 Authority, for entering into venture capital agreements with

10 businesses locating or expanding within the territorial

11 jurisdiction of the Authority, for acquiring and improving any

12 property necessary and useful in connection therewith and for

13 the purposes of the Employee Ownership Assistance Act. For the

14 purpose of evidencing the obligations of the Authority to

15 repay any money borrowed, the Authority may, pursuant to

16 resolution, from time to time issue and dispose of its

17 interest bearing revenue bonds, notes, or other evidences of

18 indebtedness and may also from time to time issue and dispose

19 of such bonds, notes, or other evidences of indebtedness to

20 refund, at maturity, at a redemption date or in advance of

21 either, any bonds, notes, or other evidences of indebtedness

22 pursuant to redemption provisions or at any time before

23 maturity. All such bonds, notes, or other evidences of

24 indebtedness shall be payable solely and only from the

25 revenues or income to be derived from loans made with respect

26 to projects, from the leasing or sale of the projects or from
    SB2394 Enrolled  - 1160 - LRB104 09208 AMC 19265 b

1 any other funds available to the Authority for such purposes.

2 The bonds, notes, or other evidences of indebtedness may bear

3 such date or dates, may mature at such time or times not

4 exceeding 40 years from their respective dates, may bear

5 interest at such rate or rates not exceeding the maximum rate

6 permitted by the Bond Authorization Act "An Act to authorize

7 public corporations to issue bonds, other evidences of

8 indebtedness and tax anticipation warrants subject to interest

9 rate limitations set forth therein", approved May 26, 1970, as

10 amended, may be in such form, may carry such registration

11 privileges, may be executed in such manner, may be payable at

12 such place or places, may be made subject to redemption in such

13 manner and upon such terms, with or without premium as is

14 stated on the face thereof, may be authenticated in such

15 manner, and may contain such terms and covenants as may be

16 provided by an applicable resolution.

17  (b-1) The holder or holders of any bonds, notes, or other

18 evidences of indebtedness issued by the Authority may bring

19 suits at law or proceedings in equity to compel the

20 performance and observance by any corporation or person or by

21 the Authority or any of its agents or employees of any contract

22 or covenant made with the holders of such bonds, notes, or

23 other evidences of indebtedness, to compel such corporation,

24 person, the Authority and any of its agents or employees to

25 perform any duties required to be performed for the benefit of

26 the holders of any such bonds, notes, or other evidences of
    SB2394 Enrolled  - 1161 - LRB104 09208 AMC 19265 b

1 indebtedness by the provision of the resolution authorizing

2 their issuance and to enjoin such corporation, person, the

3 Authority and any of its agents or employees from taking any

4 action in conflict with any such contract or covenant.

5   (b-2) If the Authority fails to pay the principal of or

6 interest on any of the bonds or premium, if any, as the same

7 become due, a civil action to compel payment may be instituted

8 in the appropriate circuit court by the holder or holders of

9 the bonds on which such default of payment exists or by an

10 indenture trustee acting on behalf of such holders. Delivery

11 of a summons and a copy of the complaint to the Chairman of the

12 Board shall constitute sufficient service to give the circuit

13 court jurisdiction of the subject matter of such a suit and

14 jurisdiction over the Authority and its officers named as

15 defendants for the purpose of compelling such payment. Any

16 case, controversy, or cause of action concerning the validity

17 of this Act relates to the revenue of the State of Illinois.

18  (c) Notwithstanding the form and tenor of any such bonds,

19 notes, or other evidences of indebtedness and in the absence

20 of any express recital on the face thereof that it is

21 non-negotiable, all such bonds, notes, and other evidences of

22 indebtedness shall be negotiable instruments. Pending the

23 preparation and execution of any such bonds, notes, or other

24 evidences of indebtedness, temporary bonds, notes, or

25 evidences of indebtedness may be issued as provided by

26 ordinance.
    SB2394 Enrolled  - 1162 - LRB104 09208 AMC 19265 b

1   (d) To secure the payment of any or all of such bonds,

2 notes, or other evidences of indebtedness, the revenues to be

3 received by the Authority from a lease agreement or loan

4 agreement shall be pledged, and, for the purpose of setting

5 forth the covenants and undertakings of the Authority in

6 connection with the issuance thereof and the issuance of any

7 additional bonds, notes, or other evidences of indebtedness

8 payable from such revenues, income, or other funds to be

9 derived from projects, the Authority may execute and deliver a

10 mortgage or trust agreement. A remedy for any breach or

11 default of the terms of any such mortgage or trust agreement by

12 the Authority may be by mandamus proceedings in the

13 appropriate circuit court to compel the performance and

14 compliance therewith, but the trust agreement may prescribe by

15 whom or on whose behalf such action may be instituted.

16  (e) Such bonds or notes shall be secured as provided in the

17 authorizing ordinance which may, notwithstanding any other

18 provision of this Act, include in addition to any other

19 security a specific pledge or assignment of and lien on or

20 security interest in any or all revenues or money of the

21 Authority from whatever source which may by law be used for

22 debt service purposes and a specific pledge or assignment of

23 and lien on or security interest in any funds or accounts

24 established or provided for by ordinance of the Authority

25 authorizing the issuance of such bonds or notes.

26  (f) (Blank).
    SB2394 Enrolled   - 1163 - LRB104 09208 AMC 19265 b

1   (g) The State of Illinois pledges to and agrees with the

2 holders of the bonds and notes of the Authority issued

3 pursuant to this Section that the State will not limit or alter

4 the rights and powers vested in the Authority by this Act so as

5 to impair the terms of any contract made by the Authority with

6 such holders or in any way impair the rights and remedies of

7 such holders until such bonds and notes, together with

8 interest thereon, with interest on any unpaid installments of

9 interest, and all costs and expenses in connection with any

10 action or proceedings by or on behalf of such holders, are

11 fully met and discharged. In addition, the State pledges to

12 and agrees with the holders of the bonds and notes of the

13 Authority issued pursuant to this Section that the State will

14 not limit or alter the basis on which State funds are to be

15 paid to the Authority as provided in this Act, or the use of

16 such funds, so as to impair the terms of any such contract. The

17 Authority is authorized to include these pledges and

18 agreements of the State in any contract with the holders of

19 bonds or notes issued pursuant to this Section.

20  (h) (Blank).

21 (Source: P.A. 98-750, eff. 1-1-15; 99-499, eff. 1-29-16;

22 revised 7-30-24.)

23  Section 455. The Illinois Urban Development Authority Act

24 is amended by changing Section 5 as follows:
    SB2394 Enrolled      - 1164 - LRB104 09208 AMC 19265 b

1   (70 ILCS 531/5)

2   Sec. 5. Conflicts of interest; requests for assistance;

3 disclosure of economic interests.

4   (a) No member of the Authority or officer, agent, or

5 employee thereof shall, in the member's own name or in the name

6 of a nominee, be an officer, director, or hold an ownership

7 interest in any person, association, trust, corporation,

8 partnership, or other entity which is, in its own name or in

9 the name of a nominee, a party to a contract or agreement upon

10 which the member or officer, agent, or employee may be called

11 upon to act or vote.

12  (b) With respect to any direct or any indirect interest,

13 other than an interest prohibited in subsection (a), in a

14 contract or agreement upon which the member or officer, agent,

15 or employee may be called upon to act or vote, a member of the

16 Authority or officer, agent, or employee thereof must disclose

17 the interest to the secretary of the Authority prior to the

18 taking of final action by the Authority concerning the

19 contract or agreement and shall disclose the nature and extent

20 of the interest and his or her acquisition thereof, which

21 shall be publicly acknowledged by the Authority and entered

22 upon the minutes of the Authority. If a member of the Authority

23 or officer, agent, or employee thereof holds such an interest

24 then the member shall refrain from any further official

25 involvement in regard to the contract or agreement, from

26 voting on any matter pertaining to the contract or agreement,
    SB2394 Enrolled          - 1165 - LRB104 09208 AMC 19265 b

1 and from communicating with other members of the Authority or

2 its officers, agents, and employees concerning the contract or

3 agreement. Notwithstanding any other provision of law, any

4 contract or agreement entered into in conformity with this

5 subsection shall not be void or invalid by reason of the

6 interest described in this subsection, nor shall any person

7 disclosing an interest and refraining from further official

8 involvement as provided in this subsection be guilty of an

9 offense, be removed from office, or be subject to any other

10 penalty on account of the interest.

11  (c) Any contract or agreement made in violation of

12 subsection subsections (a) or (b) shall be null and void,

13 whether or not the contract performance has been authorized,

14 and shall give rise to no action against the Authority. No real

15 estate to which a member or employee of the Authority holds

16 legal title or in which a member or employee of the Authority

17 has any beneficial interest, including any interest in a land

18 trust, shall be purchased by the Authority or by a nonprofit

19 corporation or limited-profit entity for a development to be

20 financed under this Act.

21  All members and employees of the Authority shall file

22 annually with the Authority a record of all real estate in this

23 State to which the member or employee holds legal title or in

24 which the member or employee has any beneficial interest,

25 including any interest in a land trust. In the event it is

26 later disclosed that the Authority has purchased real estate
    SB2394 Enrolled  - 1166 - LRB104 09208 AMC 19265 b

1 in which a member or employee had an interest, that purchase

2 shall be voidable by the Authority and the member or employee

3 involved shall be disqualified from membership in or

4 employment by the Authority.

5   (d) The Authority may not hear a request for assistance

6 from a restricted person. This prohibition extends to business

7 relationships between a person who is an Authority leader

8 within one year prior to the request for assistance and to any

9 entity in which a restricted person holds or, within the past 2

10 years, held an ownership interest of 10% or more.

11  (e) An Authority leader shall disclose and recuse himself

12 or herself from matters relating to requests for assistance

13 from an entity that is relocating full-time employees from

14 another Authority's counties if (i) both Authorities contract

15 with or employ the same Authority leader or (ii) there is or,

16 within the past 2 years of the request, there was a business

17 relationship between the Authority leaders at the 2

18 Authorities.

19  (f) The Board of the Authority shall vote to renew the

20 appointment of the Executive Director and other Authority

21 leaders on an annual basis. All contracts shall be approved on

22 an annual basis and use a public process to solicit

23 applications. This requirement does not apply to full-time

24 employees of the Authority unless otherwise required by

25 applicable State law or local ordinance.

26  (g) Each Authority leader shall submit a statement of
    SB2394 Enrolled   - 1167 - LRB104 09208 AMC 19265 b

 1 economic interests interest in accordance with Article 4A of
 2 the Illinois Governmental Ethics Act. Additionally, each
 3 Authority leader shall disclose to the Board outside sources
 4 of income and any business relationships in economic
 5 development consulting or lobbying. Reporting shall include
 6 the source of income, services provided, and timeline of when
 7 services were provided. If the source of income is a firm or
 8 organization with multiple clients, the report shall list all
 9 of the entities for which the individual provided services.
10 (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)

11  Section 460. The Western Illinois Economic Development

12 Authority Act is amended by changing Section 26 as follows:

13  (70 ILCS 532/26)

14  Sec. 26. Requests for assistance; disclosure of economic

15 interests.

16  (a) The Authority may not hear a request for assistance

17 from a restricted person. This prohibition extends to business

18 relationships between a person who is an Authority leader

19 within one year prior to the request for assistance and to any

20 entity in which a restricted person holds or, within the past 2

21 years, held an ownership interest of 10% or more.

22  (b) An Authority leader shall disclose and recuse himself

23 or herself from matters relating to requests for assistance

24 from an entity that is relocating full-time employees from
    SB2394 Enrolled  - 1168 - LRB104 09208 AMC 19265 b

1 another Authority's counties if (i) both Authorities contract

2 with or employ the same Authority leader or (ii) there is or,

3 within the past 2 years of the request, there was a business

4 relationship between the Authority leaders at the 2

5 Authorities.

6   (c) The Board of the Authority shall vote to renew the

7 appointment of the Executive Director and other Authority

8 leaders on an annual basis. All contracts shall be approved on

9 an annual basis and use a public process to solicit

10 applications. This requirement does not apply to full-time

11 employees of the Authority unless otherwise required by

12 applicable State law or local ordinance.

13  (d) Each Authority leader shall submit a statement of

14 economic interests interest in accordance with Article 4A of

15 the Illinois Governmental Ethics Act. Additionally, each

16 Authority leader shall disclose to the Board outside sources

17 of income and any business relationships in economic

18 development consulting or lobbying. Reporting shall include

19 the source of income, services provided, and timeline of when

20 services were provided. If the source of income is a firm or

21 organization with multiple clients, the report shall list all

22 of the entities for which the individual provided services.

23 (Source: P.A. 103-517, eff. 8-11-23; revised 7-22-24.)

24  Section 465. The Will-Kankakee Regional Development

25 Authority Law is amended by changing Section 5.1 as follows:
    SB2394 Enrolled    - 1169 - LRB104 09208 AMC 19265 b

1   (70 ILCS 535/5.1)

2   Sec. 5.1. Requests for assistance; disclosure of economic

3 interests.

4   (a) The Authority may not hear a request for assistance

5 from a restricted person. This prohibition extends to business

6 relationships between a person who is an Authority leader

7 within one year prior to the request for assistance and to any

8 entity in which a restricted person holds or, within the past 2

9 years, held an ownership interest of 10% or more.

10  (b) An Authority leader shall disclose and recuse himself

11 or herself from matters relating to requests for assistance

12 from an entity that is relocating full-time employees from

13 another Authority's counties if (i) both Authorities contract

14 with or employ the same Authority leader or (ii) there is or,

15 within the past 2 years of the request, there was a business

16 relationship between the Authority leaders at the 2

17 Authorities.

18  (c) The Board of the Authority shall vote to renew the

19 appointment of the Executive Director and other Authority

20 leaders on an annual basis. All contracts shall be approved on

21 an annual basis and use a public process to solicit

22 applications. This requirement does not apply to full-time

23 employees of the Authority unless otherwise required by

24 applicable State law or local ordinance.

25  (d) Each Authority leader shall submit a statement of
    SB2394 Enrolled  - 1170 - LRB104 09208 AMC 19265 b

 1 economic interests interest in accordance with Article 4A of
 2 the Illinois Governmental Ethics Act. Additionally, each
 3 Authority leader shall disclose to the Board outside sources
 4 of income and any business relationships in economic
 5 development consulting or lobbying. Reporting shall include
 6 the source of income, services provided, and timeline of when
 7 services were provided. If the source of income is a firm or
 8 organization with multiple clients, the report shall list all
 9 of the entities for which the individual provided services.
10 (Source: P.A. 103-517, eff. 8-11-23; revised 7-22-24.)

11  Section 470. The Illinois Drainage Code is amended by

12 changing Section 6-12 as follows:

13  (70 ILCS 605/6-12) (from Ch. 42, par. 6-12)

14  Sec. 6-12. Extending payment of assessments; hearing;

15 order assessments - Hearing - Order. The court shall hear such

16 petition and make such order as it deems proper. The court may

17 order the time of payment of any such assessments or one or

18 more installments of assessments, or any part or parts

19 thereof, extended, may change the number of installments into

20 which such assessments are divided, may fix the rate of

21 interest which said extended assessments shall bear, which

22 shall not exceed that permitted in the Bond Authorization Act

23 "An Act to authorize public corporations to issue bonds, other

24 evidences of indebtedness and tax anticipation warrants
    SB2394 Enrolled    - 1171 - LRB104 09208 AMC 19265 b

 1 subject to interest rate limitations set forth therein",
 2 approved May 26, 1970, as amended, and shall give the owners an
 3 opportunity to pay the assessments or installments proposed to
 4 be refunded in cash within a reasonable time to be fixed by the
 5 court without further notice, and after the expiration of the
 6 time fixed and the commissioners have reported such cash
 7 payments to the court, the court shall also fix the amount of
 8 the refunding bonds and authorize their issuance by the
 9 commissioners at a rate of interest not to exceed the rate of
10 interest on the extended assessments, and such refunding notes
11 or bonds shall be a lien upon such extended assessments or
12 installments. Extended assessments or installments shall
13 continue to be a lien upon the lands assessed until paid.
14 (Source: P.A. 84-886; revised 7-23-24.)

15  Section 475. The Fire Protection District Act is amended

16 by setting forth and renumbering multiple versions of Section

17 6.3 as follows:

18  (70 ILCS 705/6.3)

19  Sec. 6.3. Health insurance; joint mental health therapy

20 services. If a fire protection district is a self-insurer for

21 purposes of providing health insurance coverage for officers

22 and members of the fire department, the insurance coverage

23 shall include joint mental health therapy services for any

24 officer or member of the fire department and any spouse or
    SB2394 Enrolled    - 1172 - LRB104 09208 AMC 19265 b

1 partner of the officer or member who resides with the officer
2 or member. The joint mental health therapy services provided
3 under this Section shall be performed by a physician licensed
4 to practice medicine in all of its branches, a licensed
5 clinical psychologist, a licensed clinical social worker, a
6 licensed clinical professional counselor, a licensed marriage
7 and family therapist, a licensed social worker, or a licensed
8 professional counselor.
9 (Source: P.A. 103-818, eff. 1-1-25.)

10  (70 ILCS 705/6.4)

11  Sec. 6.4 6.3. Mental health counseling.

12  (a) As used in this Section:

13  "First responders" means firefighters, emergency medical

14 services personnel, as that term is defined in Section 3.5 of

15 the Emergency Medical Services (EMS) Systems Act, dispatched

16 pursuant to a 9-1-1 call, emergency medical dispatchers, as

17 that term is defined in Section 3.70 of the Emergency Medical

18 Services (EMS) Systems Act, and public safety

19 telecommunicators, as that term is defined in Section 2 of the

20 Emergency Telephone System Act.

21  "Mental health counseling" means counseling therapy

22 sessions provided by a clinical social worker, professional

23 counselor, or licensed psychologist.

24  (b) If a fire protection district is a self-insurer for

25 purposes of providing health insurance coverage for its
    SB2394 Enrolled  - 1173 - LRB104 09208 AMC 19265 b

1 employees, the insurance coverage shall include, on and after
2 June 1, 2025, mental health counseling for any employee who is
3 a first responder without imposing a deductible, coinsurance,
4 copayment, or any other cost-sharing requirement on the
5 coverage provided, except that this Section does not apply to
6 the extent such coverage would disqualify a high-deductible
7 health plan from eligibility for a health savings account
8 pursuant to Section 223 of the Internal Revenue Code.
9 (Source: P.A. 103-1011, eff. 1-1-25; revised 12-3-24.)

10  Section 480. The Museum District Act is amended by

11 changing Section 17 as follows:

12  (70 ILCS 1105/17) (from Ch. 85, par. 6817)

13  Sec. 17. Debt and bonds. The board of a museum district

14 may, for any of its authorized purposes, borrow money upon the

15 faith and credit of the district and may issue bonds. A

16 district may not, however, become indebted in any manner or

17 for any purpose to an amount including existing indebtedness

18 in the aggregate exceeding 1.5% of the assessed value, as

19 equalized by the Department of Revenue, of the taxable

20 property in the district. A district may not incur (i)

21 indebtedness in excess of .3% of the assessed value, as

22 equalized by the Department of Revenue, of taxable property in

23 the district for the development of historical sites, together

24 with related lands and facilities, held by the district or
    SB2394 Enrolled  - 1174 - LRB104 09208 AMC 19265 b

 1 (ii) indebtedness for any other purpose except the acquisition
 2 of historical sites, together with related lands and
 3 facilities, unless the proposition to issue bonds or otherwise
 4 incur indebtedness is certified by the board to the proper
 5 election officials, who shall submit the proposition at an
 6 election in accordance with the general election law, and the
 7 proposition is approved by a majority of those voting upon the
 8 proposition. Before or at the time of issuing bonds, the board
 9 shall provide by ordinance for the collection of an annual tax
10 sufficient to pay the interest on the bonds as it falls due and
11 to pay the principal of the bonds as they mature. The bonds
12 shall mature not later than 20 years after the date thereof.
13 Such bonds shall bear interest at such rate or rates as do not
14 exceed those set forth in the Bond Authorization Act "An Act to
15 authorize public corporations to issue bonds, other evidences
16 of indebtedness and tax anticipation warrants subject to
17 interest rate limitations set forth therein", approved May 26,
18 1970, as amended from time to time, and shall be issuable upon
19 any terms and may have provisions as make use of any authority
20 as may be provided in the Local Government Debt Reform Act, as
21 amended from time to time.
22 (Source: P.A. 86-477; revised 7-23-24.)

23  Section 485. The Chicago Park District Act is amended by

24 changing Sections 20 and 20a as follows:
    SB2394 Enrolled  - 1175 - LRB104 09208 AMC 19265 b

1   (70 ILCS 1505/20) (from Ch. 105, par. 333.20)

2   Sec. 20. The Chicago Park District is authorized to issue

3 the bonds of such district for the payment of land condemned or

4 purchased for park or boulevards, for the building,

5 maintaining, improving, and protecting of such for the purpose

6 of establishing, acquiring, completing, enlarging,

7 ornamenting, building, rebuilding, and improving public parks,

8 boulevards, bridges, subways, viaducts, and approaches

9 thereto, wharfs, piers, jetties, air landing fields and

10 basins, shore protection works, pleasure grounds and ways,

11 walks, pathways, driveways, roadways, highways, and all public

12 works, grounds, or improvements under the control of and

13 within the jurisdiction of such park commissioners and

14 including the filling in of submerged lands for park purposes

15 and constructing all buildings, field houses, stadiums,

16 shelters, conservatories, museums, service shops, power

17 plants, structures, playground devices, boulevard and building

18 lighting systems and building all other types of permanent

19 improvement and construction necessary to render the property

20 under the control of such park commissioners usable for the

21 enjoyment thereof as public parks, parkways, boulevards, and

22 pleasure ways and for the payment of the expenses incident

23 thereto, and may pledge its property and credit therefor.

24  Such district shall not incur any bonded indebtedness,

25 exclusive of outstanding indebtedness to an amount in the

26 aggregate exceeding 2.3% of the assessed valuation of all
    SB2394 Enrolled            - 1176 - LRB104 09208 AMC 19265 b

1 taxable property therein as last equalized and determined for

2 state and local taxes preceding the incurring of such

3 indebtedness. Bonds may be issued from time to time to an

4 amount which together with the outstanding bonded indebtedness

5 of such district, exclusive of bonds issued to create a

6 working cash fund, will not exceed 1% of the assessed

7 valuation of all taxable property therein as last equalized

8 and determined for state and local taxes preceding the

9 issuance of such bonds without submitting the question to the

10 legal voters for approval.

11  Except as otherwise provided in this Section and except

12 for working cash fund bonds issued and to be issued under

13 Section 2 of the Chicago Park District Working Cash Fund Act

14 "An Act authorizing the Chicago Park District to provide for

15 the creation, maintenance and administration of a working cash

16 fund", approved July 11, 1935, as amended, bonds shall not be

17 issued until the proposition to issue such has been submitted

18 to and approved by a majority of the legal voters of such park

19 district voting upon the proposition, at an election, after

20 notice of such submission has been given in the manner

21 provided by the general election law.

22  Submission of any proposition of issuing bonds shall be

23 authorized by resolution to be adopted by the Chicago Park

24 District commissioners, which shall designate the election at

25 which the question is to be submitted the amount of bonds and

26 purpose for which such bonds are to be issued.
    SB2394 Enrolled  - 1177 - LRB104 09208 AMC 19265 b

1   Any proposition to issue bonds shall be certified by the

2 Chicago Park District commissioners to the proper election

3 officials, who shall submit that proposition in accordance

4 with the general election law. The proposition shall be in

5 substantially the following form:

6   ------------------------------------------------------------

7   Shall bonds of the Chicago

8 Park District to the amount of     YES

9 ........ Dollars ($........) be    ------------------------

10 issued for the purpose of......   NO

11 ...............................?

12  ------------------------------------------------------------

13  Bonds shall be issued in the name of the Chicago Park

14 District in such form and denomination and shall be payable at

15 such place and time, not exceeding 20 years from date thereof

16 or, for bonds issued after July 24, 2003 (the effective date of

17 Public Act 93-338) this amendatory Act of the 93rd General

18 Assembly, not exceeding 30 years from the date thereof, and

19 may be redeemable prior to maturity with or without premium at

20 the option of the commissioners, as such commissioners may

21 determine by ordinance duly adopted and the bonds shall be

22 signed by the president and attested by the secretary under

23 the corporate seal. After such advertising as the

24 commissioners shall deem necessary, the bonds shall be sold at

25 such price and upon such terms as determined by the

26 commissioners and which will not cause the net effective
    SB2394 Enrolled     - 1178 - LRB104 09208 AMC 19265 b

1 interest rate to be paid by the Chicago Park District to exceed

2 that permitted in the Bond Authorization Act "An Act to

3 authorize public corporations to issue bonds, other evidences

4 of indebtedness and tax anticipation warrants subject to

5 interest rate limitations set forth therein", approved May 26,

6 1970, as now or hereafter amended. The validity of any bond so

7 executed shall remain unimpaired, although one or more of the

8 officers executing such shall have ceased to be such officer

9 or officers before delivery thereof to the purchaser.

10  For the purpose of paying the principal of and interest

11 upon such bonds, the Chicago Park District is authorized to

12 levy and have collected a direct annual tax upon all taxable

13 property within its jurisdiction, in addition to all other

14 taxes authorized by law to be levied and collected for park

15 purposes, sufficient to pay the interest on such bonds as it

16 falls due and to pay the principal thereof as it matures, and

17 the county clerk of the county in which such park district is

18 located upon receiving a certificate from the commissioners

19 that the amount set out in such certificate is necessary to pay

20 the interest on and principal of such bonds, shall assess and

21 extend such amount upon the taxable property embraced in such

22 park district, the same as other park taxes are by law assessed

23 and extended, and such taxes shall be collected and paid over

24 in like manner as other park taxes are required by law to be

25 collected and paid.

26 (Source: P.A. 93-338, eff. 7-24-03; revised 7-24-24.)
    SB2394 Enrolled  - 1179 - LRB104 09208 AMC 19265 b

1   (70 ILCS 1505/20a) (from Ch. 105, par. 333.20a)

2   Sec. 20a. Bonds; issuance; interest. Notwithstanding

3 anything to the contrary in Section 20 of this Act, the Chicago

4 Park District is authorized to issue from time to time bonds of

5 such district in the principal amount of $84,000,000 for the

6 purpose of paying the cost of erecting, enlarging,

7 ornamenting, building, rebuilding, rehabilitating, and

8 improving any aquarium or any museum or museums of art,

9 industry, science, or natural or other history located within

10 any public park or parks under the control of the Chicago Park

11 District, without submitting the question of issuing such

12 bonds to the voters of the District.

13  Notwithstanding anything to the contrary in Section 20 of

14 this Act, and in addition to any other amount of bonds

15 authorized to be issued under this Act, the Chicago Park

16 District is authorized to issue from time to time, before

17 January 1, 2004, bonds of the district in the principal amount

18 of $128,000,000 for the purpose of paying the cost of

19 erecting, enlarging, ornamenting, building, rebuilding,

20 rehabilitating, and improving any aquarium or any museum or

21 museums of art, industry, science, or natural or other history

22 located within any public park or parks under the control of

23 the Chicago Park District, without submitting the question of

24 issuing the bonds to the voters of the District.

25  Notwithstanding anything to the contrary in Section 20 of
    SB2394 Enrolled  - 1180 - LRB104 09208 AMC 19265 b

1 this Act, and in addition to any other amount of bonds

2 authorized to be issued under this Act, the Chicago Park

3 District is authorized to issue from time to time bonds of the

4 district in the principal amount of $250,000,000 for the

5 purpose of making contributions to the pension fund

6 established under Article 12 of the Illinois Pension Code

7 without submitting the question of issuing the bonds to the

8 voters of the District; except that in any one year, the

9 Chicago Park District may not issue bonds in excess of

10 $75,000,000. Any bond issuances under this subsection are

11 intended to decrease the unfunded liability of the pension

12 fund and shall not decrease the amount of the employer

13 contributions required in any given year under Section 12-149

14 of the Illinois Pension Code.

15  The bonds authorized under this Section shall be of such

16 denomination or denominations, may be registerable as to

17 principal only, and shall mature serially within a period of

18 not to exceed 20 years or, for bonds issued after July 24, 2003

19 (the effective date of Public Act 93-338) this amendatory Act

20 of the 93rd General Assembly, within a period of not to exceed

21 30 years, may be redeemable prior to maturity with or without

22 premium at the option of the commissioners on such terms and

23 conditions as the commissioners of the Chicago Park District

24 shall fix by the ordinance authorizing the issuance of such

25 bonds. The bonds shall bear interest at the rate of not to

26 exceed that permitted in the Bond Authorization Act "An Act to
    SB2394 Enrolled  - 1181 - LRB104 09208 AMC 19265 b

1 authorize public corporations to issue bonds, other evidences

2 of indebtedness and tax anticipation warrants subject to

3 interest rate limitations set forth therein", approved May 26,

4 1970, as now or hereafter amended.

5   Such bonds shall be executed for and on behalf of the Park

6 District by such officers as shall be specified in the bond

7 ordinance, and one of such officers may be authorized to

8 execute the bonds by his facsimile signature, which officer

9 shall adopt as and for his official manual signature the

10 facsimile signature as it appears upon the bonds.

11  The ordinance authorizing the issuance of the bonds shall

12 provide for the levy and collection, in each of the years any

13 of such bonds shall be outstanding, a tax without limitation

14 as to rate or amount and in addition to all other taxes upon

15 all the taxable property within the corporate boundaries of

16 the Chicago Park District, sufficient to pay the principal of

17 and the interest upon such bonds as the same matures and

18 becomes due.

19  A certified copy of the ordinance providing for the

20 issuance of the bonds and the levying and collecting of the tax

21 to pay the same shall be filed with the County Clerk of the

22 county in which the Chicago Park District is located or with

23 the respective County Clerks of each county in which the

24 Chicago Park District is located. Such ordinance shall be

25 irrevocable and upon receipt of the certified copy thereof the

26 County Clerk or County Clerks, as the case may be, shall
    SB2394 Enrolled  - 1182 - LRB104 09208 AMC 19265 b

1 provide for, assess and extend the tax as therein provided

2 upon all the taxable property located within the corporate

3 boundaries of the Chicago Park District, in the same manner as

4 other park taxes by law shall be provided for, assessed and

5 extended, and such taxes shall be collected and paid out in the

6 same manner as other park taxes by law shall be collected and

7 paid.

8   The interest on any unexpended proceeds of bonds issued

9 under this Section shall be credited to the Chicago Park

10 District and shall be paid into the District's general

11 corporate fund. The Chicago Park District may transfer such

12 amount of interest from the general corporate fund to the

13 aquarium and museum bond fund.

14  The amount of the outstanding bonded indebtedness of the

15 Chicago Park District issued under this Section shall not be

16 included in the bonded indebtedness of the District in

17 determining whether or not the District has exceeded its

18 limitation of 1/2 of 1% of the assessed valuation of all

19 taxable property in the District as last equalized and

20 determined by the Department of Revenue for the issuance of

21 any bonds authorized under the provisions of Section 20 of

22 this Act without submitting the question to the legal voters

23 for approval.

24 (Source: P.A. 102-263, eff. 8-6-21; revised 7-24-24.)

25  Section 490. The Chicago Park District Working Cash Fund
    SB2394 Enrolled  - 1183 - LRB104 09208 AMC 19265 b

1 Act is amended by changing Sections 2 and 4 as follows:

2   (70 ILCS 1510/2) (from Ch. 105, par. 333.25)

3   Sec. 2. For the purpose of creating such working cash fund

4 the commissioners of the Chicago Park District, without the

5 submission thereof to the voters for approval, may incur an

6 indebtedness and issue bonds therefor in an amount not to

7 exceed $40,000,000 in addition to bonds in the amount of

8 $25,000,000 heretofore authorized, and in addition to bonds in

9 the amounts of $5,000,000 and $7,000,000 heretofore

10 authorized, and issued for that purpose. Bonds in the amount

11 of not to exceed $40,000,000 may be sold in any one year and if

12 such maximum amount shall not be so sold in the first year the

13 balance thereof may be sold in any year thereafter at the

14 discretion of the commissioners.

15  Such bonds shall be authorized by ordinance and shall be

16 of the form and denomination, payable at the place and bear

17 such date as may be determined by the commissioners and shall

18 mature within not to exceed 20 years from their date or, for

19 bonds issued after July 24, 2003 (the effective date of Public

20 Act 93-338) this amendatory Act of the 93rd General Assembly,

21 within not to exceed 30 years from their date, but may be made

22 callable on any interest payment date at the price of par and

23 accrued interest after notice shall be given by publication or

24 otherwise and at the time or times and in the manner as may be

25 provided in the bond ordinance.
    SB2394 Enrolled  - 1184 - LRB104 09208 AMC 19265 b

1   Such bonds may be registered as to principal and shall

2 bear interest at the rate of not more than that permitted in

3 the Bond Authorization Act "An Act to authorize public

4 corporations to issue bonds, other evidences of indebtedness

5 and tax anticipation warrants subject to interest rate

6 limitations set forth therein", approved May 26, 1970, as now

7 or hereafter amended, such interest to be payable at such time

8 and place and in such manner as may be provided in the bond

9 ordinance.

10  The bonds may be signed by the facsimile signature of the

11 President with like effect as if signed with his genuine

12 signature and shall be signed by such other officers of the

13 Chicago Park District as may be designated in the bond

14 ordinance.

15  The validity of any bond shall remain unimpaired although

16 one or more of the officers executing same shall have ceased to

17 be such officer or officers before delivery thereof.

18  Such bonds may be sold for such price and after such

19 advertising as shall be approved and directed by the

20 commissioners.

21  Money received from the proceeds of taxes levied for

22 payment of principal of and interest upon such bonds shall be

23 deposited in a special fund of such municipality and

24 designated as "Bond and Interest Sinking Fund Account of the

25 Chicago Park District." Said fund shall be faithfully applied

26 to the payment of the bonds and interest thereon for which such
    SB2394 Enrolled   - 1185 - LRB104 09208 AMC 19265 b

1 taxes were levied.

2   If such money is not immediately necessary for the payment

3 of said bonds or if the bonds cannot be purchased before

4 maturity then said money may be invested under the direction

5 of the commissioners in bonds or other interest bearing

6 obligations of the United States or bonds of the State of

7 Illinois.

8   The maturity date of the invested securities shall be

9 prior to the due date of the bonds for the payment of which

10 said money was collected. Such securities may be sold when

11 ordered by the commissioners if necessary to obtain money to

12 meet bond and interest payments.

13  Prior to the maturity of the bonds, after setting aside a

14 sum of money equal to the amount of interest that will accrue

15 thereon within the next 6 months period from the time it is

16 proposed to purchase and/or redeem any such bonds, or the

17 commissioners may require that said sum of money be equal to

18 the amount of interest that will so accrue within the next 12

19 months period, the treasurer of the park district shall use

20 the money available from the proceeds of taxes levied for the

21 payment of the bonds first, in the purchase of such bonds at

22 the lowest price obtainable, but not to exceed their par value

23 and accrued interest, after sealed tenders for such purchase

24 shall have been advertised for as may be directed by the

25 commissioners and thereafter such money shall be used by said

26 official in calling said bonds for payment according to their
    SB2394 Enrolled           - 1186 - LRB104 09208 AMC 19265 b

1 terms of redemption.

2   Bonds called for payment and paid or purchased shall be

3 marked paid and cancelled.

4   Whenever any bonds are so purchased and/or redeemed and

5 cancelled, the taxes thereafter to be extended for payment of

6 interest shall be reduced in the amount of interest that would

7 have thereafter accrued upon such bonds so cancelled, and a

8 resolution shall be adopted by the commissioners finding such

9 facts and a certified copy thereof shall be filed in the office

10 of the county clerk whereupon it shall be the duty of such

11 official to reduce and extend such taxes in accordance

12 therewith.

13  The ordinance authorizing said bonds shall prescribe all

14 details thereof and shall provide for the levy and collection

15 of a direct annual tax upon all the taxable property within

16 said Chicago Park District sufficient to pay the interest upon

17 and the principal of said bonds as the same become due, which

18 tax shall be in addition to and exclusive of the maximum of all

19 other taxes authorized to be levied by said park district.

20  A copy of the bond ordinance duly certified shall be filed

21 in the office of the County Clerk of Cook County and shall

22 constitute authority for the extension and collection of such

23 bond and interest taxes as required by the constitution.

24 (Source: P.A. 93-338, eff. 7-24-03; revised 7-25-24.)

25  (70 ILCS 1510/4) (from Ch. 105, par. 333.27)
    SB2394 Enrolled            - 1187 - LRB104 09208 AMC 19265 b

1   Sec. 4. Money shall be transferred from said working cash

2 fund to the general corporate fund only upon the authority of

3 the commissioners who shall from time to time by separate

4 resolution direct the treasurer to make transfers of such sums

5 as may be required for the purposes herein authorized. Every

6 resolution shall set forth:

7   (a) The taxes in anticipation of the collection of which

8 such transfer is to be made and from which such working cash

9 fund is to be reimbursed;

10  (b) The entire amount of taxes extended or which such

11 commissioners estimate will be extended or received for any

12 year, in anticipation of the collection of all or part of

13 which, such transfer is to be made;

14  (c) The aggregate amount of warrants theretofore issued in

15 anticipation of the collection of such taxes under the

16 provisions of the Warrants and Jurors Certificates Act "An Act

17 to provide for the manner of issuing warrants upon the

18 treasurer of the state or of any county, township, city,

19 village or other municipal corporation and jurors'

20 certificates," approved June 27, 1913, as amended, together

21 with the amount of interest accrued and/or which such

22 commissioners estimate will accrue thereon.

23  (d) The aggregate amount of moneys theretofore transferred

24 from the working cash fund to the general corporate fund in

25 anticipation of the collection of such taxes.

26  (e) The aggregate amount of receipts from taxes imposed to
    SB2394 Enrolled  - 1188 - LRB104 09208 AMC 19265 b

1 replace revenue lost by units of local government and school

2 districts as a result of the abolition of ad valorem personal

3 property taxes, pursuant to Article IX, Section 5(c) of the

4 Constitution of the State of Illinois, which the corporate

5 authorities estimate will be set aside for the payment of the

6 proportionate amount of debt service and pension or retirement

7 obligations, as required by Section 12 of the State Revenue

8 Sharing Act "An Act in relation to State Revenue Sharing with

9 local government entities", approved July 31, 1969, as

10 amended.

11  The amount which any such resolution shall direct the

12 treasurer so to transfer, in anticipation of the collection of

13 taxes levied or to be received for any year, together with the

14 aggregate amount of such tax anticipation warrants theretofore

15 issued against such taxes and the amount of the interest

16 accrued and/or estimated to accrue on such warrants, the

17 amount estimated to be required to satisfy debt service and

18 pension or retirement obligations, as set forth in Section 12

19 of the State Revenue Sharing Act "An Act in relation to State

20 revenue sharing with local government entities", approved July

21 31, 1969, as amended, and the aggregate amount of such

22 transfers theretofore made in anticipation of the collection

23 of such taxes, shall not exceed ninety per cent of the actual

24 estimated amount of said taxes extended and to be extended or

25 to be received as set forth in said resolution.

26  To the extent that at any time moneys are available in the
   SB2394 Enrolled  - 1189 - LRB104 09208 AMC 19265 b

1 working cash fund they shall be transferred to the general
2 corporate fund and disbursed for the payment of salaries and
3 other corporate expenses so as to avoid whenever possible, the
4 issuance of tax anticipation warrants.
5 (Source: P.A. 81-1506; revised 7-18-24.)

6  Section 495. The Havana Regional Port District Act is

7 amended by changing Section 17 as follows:

8  (70 ILCS 1805/17) (from Ch. 19, par. 617)

9  Sec. 17. The bonds or certificates shall be sold by the

10 corporate authorities of the Port District in such manner as

11 the Board determines, except that if issued to bear interest

12 at the maximum rate permitted in the Bond Authorization Act

13 "An Act to authorize public corporations to issue bonds, other

14 evidences of indebtedness and tax anticipation warrants

15 subject to interest rate limitations set forth therein",

16 approved May 26, 1970, as now or hereafter amended, the bonds

17 shall be sold for not less than par and accrued interest, and

18 except that the selling price of bonds bearing interest at a

19 rate less than the maximum rate permitted in that Act shall be

20 such that the interest cost to the district of the money

21 received from the bond sale shall not exceed such maximum rate

22 annually computed to absolute maturity of such bonds or

23 certificates according to standard tables of bond values.

24 (Source: P.A. 82-902; revised 7-18-24.)
    SB2394 Enrolled  - 1190 - LRB104 09208 AMC 19265 b

1   Section 500. The Illinois Valley Regional Port District

2 Act is amended by changing Section 23 as follows:

3   (70 ILCS 1815/23) (from Ch. 19, par. 823)

4   Sec. 23. The bonds or certificates shall be sold by the

5 corporate authorities of the Port District in such manner as

6 the Board determines except that if issued to bear interest at

7 the maximum rate permitted in the Bond Authorization Act "An

8 Act to authorize public corporations to issue bonds, other

9 evidences of indebtedness and tax anticipation warrants

10 subject to interest rate limitations set forth therein",

11 approved May 26, 1970, as now or hereafter amended, the bonds

12 shall be sold for not less than par and accrued interest, and

13 except that the selling price of bonds bearing interest at a

14 rate less than the maximum rate permitted in that Act shall be

15 such that the interest cost to the District of the money

16 received from the bond sale shall not exceed such maximum rate

17 annually computed to absolute maturity of such bonds or

18 certificates according to standard tables of bond values.

19 (Source: P.A. 82-902; revised 7-18-24.)

20  Section 505. The Jackson-Union Counties Regional Port

21 District Act is amended by changing Section 9 as follows:

22  (70 ILCS 1820/9) (from Ch. 19, par. 859)
    SB2394 Enrolled  - 1191 - LRB104 09208 AMC 19265 b

1   Sec. 9. All revenue bonds shall be payable solely from the

2 revenues or income to be derived from the terminals, terminal

3 facilities, airfields, airports, or port facilities or any

4 part thereof. The bonds may bear such date or dates and may

5 mature at such time or times not exceeding 40 years from their

6 respective dates, all as may be provided in the ordinance

7 authorizing their issuance. All bonds, whether revenue or

8 general obligation, may bear interest at such rate or rates

9 not to exceed that permitted in the Bond Authorization Act "An

10 Act to authorize public corporations to issue bonds, other

11 evidences of indebtedness and tax anticipation warrants

12 subject to interest rate limitations set forth therein",

13 approved May 26, 1970, as now or hereafter amended. Such

14 interest may be paid semiannually. All such bonds may be in

15 such form, may carry such registration privileges, may be

16 executed in such manner, may be payable at such place or

17 places, may be made subject to redemption in such manner and

18 upon such terms, with or without premium as is stated on the

19 face thereof, may be authenticated in such manner and may

20 contain such terms and covenants, all as may be provided in the

21 ordinance authorizing issuance.

22  The holder or holders of any bonds or interest coupons

23 appertaining thereto issued by the District may bring civil

24 actions to compel the performance and observance by the

25 District or any of its officers, agents, or employees of any

26 contract or covenant made by the District with the holders of
    SB2394 Enrolled        - 1192 - LRB104 09208 AMC 19265 b

1 such bonds or interest coupons and to compel the District and

2 any of its officers, agents, or employees to perform any

3 duties required to be performed for the benefit of the holders

4 of any such bonds or interest coupons by the provision in the

5 ordinance authorizing their issuance, and to enjoin the

6 District and any of its officers, agents, or employees from

7 taking any action in conflict with any such contract or

8 covenant, including the establishment of charges, fees, and

9 rates for the use of facilities as hereinafter provided.

10  Notwithstanding the form and tenor of any bond, whether

11 revenue or general obligation, and in the absence of any

12 express recital on the face thereof that it is nonnegotiable,

13 all such bonds shall be negotiable instruments. Pending the

14 preparation and execution of any such bonds, temporary bonds

15 may be issued with or without interest coupons as may be

16 provided by ordinance.

17 (Source: P.A. 82-902; revised 7-18-24.)

18  Section 510. The Joliet Regional Port District Act is

19 amended by changing Sections 9 and 10 as follows:

20  (70 ILCS 1825/9) (from Ch. 19, par. 259)

21  Sec. 9. All revenue bonds shall be payable solely from the

22 revenues or income to be derived from the terminals, terminal

23 facilities, airfields, airports, or port facilities or any

24 part thereof. The bonds may bear such date or dates and may
    SB2394 Enrolled  - 1193 - LRB104 09208 AMC 19265 b

1 mature at such time or times not exceeding 40 years from their

2 respective dates, all as may be provided in the ordinance

3 authorizing their issuance. All bonds, whether revenue or

4 general obligation, may bear interest at such rate or rates as

5 permitted in the Bond Authorization Act "An Act to authorize

6 public corporations to issue bonds, other evidences of

7 indebtedness and tax anticipation warrants subject to interest

8 rate limitations set forth therein", approved May 26, 1970, as

9 now or hereafter amended. Such interest may be paid

10 semiannually. All such bonds may be in such form, may carry

11 such registration privileges, may be executed in such manner,

12 may be payable at such place or places, may be made subject to

13 redemption in such manner and upon such terms, with or without

14 premium as is stated on the face thereof, may be authenticated

15 in such manner and may contain such terms and covenants, all as

16 may be provided in the ordinance authorizing issuance.

17  The holder or holders of any bonds or interest coupons

18 appertaining thereto issued by the District may bring civil

19 actions to compel the performance and observance by the

20 District or any of its officers, agents, or employees of any

21 contract or covenant made by the District with the holders of

22 such bonds or interest coupons and to compel the District and

23 any of its officers, agents, or employees to perform any

24 duties required to be performed for the benefit of the holders

25 of any such bonds or interest coupons by the provision in the

26 ordinance authorizing their issuance, and to enjoin the
    SB2394 Enrolled        - 1194 - LRB104 09208 AMC 19265 b

1 District and any of its officers, agents, or employees from

2 taking any action in conflict with any such contract or

3 covenant including the establishment of charges, fees, and

4 rates for the use of facilities as hereinafter provided.

5   Notwithstanding the form and tenor of any bond, whether

6 revenue or general obligation, and in the absence of any

7 express recital on the face thereof that it is nonnegotiable,

8 all such bonds shall be negotiable instruments. Pending the

9 preparation and execution of any such bonds, temporary bonds

10 may be issued with or without interest coupons as may be

11 provided by ordinance.

12 (Source: P.A. 82-902; revised 7-18-24.)

13  (70 ILCS 1825/10) (from Ch. 19, par. 260)

14  Sec. 10. All bonds, whether general obligation or revenue,

15 shall be sold by the Board in such manner as the Board shall

16 determine, except that if issued to bear interest at the

17 maximum rate permitted in the Bond Authorization Act "An Act

18 to authorize public corporations to issue bonds, other

19 evidences of indebtedness and tax anticipation warrants

20 subject to interest rate limitations set forth therein",

21 approved May 26, 1970, as now or hereafter amended, the bonds

22 shall be sold for not less than par and accrued interest and

23 except that the selling price of bonds bearing interest at a

24 rate less than the maximum rate permitted in that Act shall be

25 such that the interest cost to the District of the money
   SB2394 Enrolled  - 1195 - LRB104 09208 AMC 19265 b

1 received from the bond sale shall not exceed such maximum rate
2 annually computed to absolute maturity of the bonds according
3 to standard tables of bond values.
4 (Source: P.A. 82-902; revised 7-18-24.)

5  Section 515. The Kaskaskia Regional Port District Act is

6 amended by changing Sections 22.1 and 23.1 as follows:

7  (70 ILCS 1830/22.1) (from Ch. 19, par. 522.1)

8  Sec. 22.1. If the Board desires to issue general

9 obligation bonds it shall adopt an ordinance specifying the

10 amount of bonds to be issued, the purpose for which they will

11 be issued, the maximum rate of interest they will bear which

12 shall not be more than that permitted in the Bond

13 Authorization Act "An Act to authorize public corporations to

14 issue bonds, other evidences of indebtedness and tax

15 anticipation warrants subject to interest rate limitations set

16 forth therein", approved May 26, 1970, as now or hereafter

17 amended. Such interest may be paid semiannually. The ordinance

18 shall also specify the date of maturity which shall not be more

19 than 20 years after the date of issuance. This ordinance shall

20 not be effective until it has been submitted to referendum of,

21 and approved by, a majority of the legal voters of the

22 District. The Board shall certify its ordinance and the

23 proposition to the proper election officials, who shall submit

24 the proposition to the voters at an election in accordance
    SB2394 Enrolled  - 1196 - LRB104 09208 AMC 19265 b

1 with the general election law. If a majority of the votes cast

2 upon the proposition is in favor of the issuance of such

3 general obligation bonds the District is thereafter authorized

4 to issue and, in accordance with the provisions of Section

5 25.1 of this Act, to sell the bonds specified in such ordinance

6 and to adopt an ordinance levying an annual tax against all of

7 the taxable property within the District sufficient to pay the

8 maturing principal and interest of such bonds and to file a

9 certified copy of both such ordinances in the office of the

10 county clerks of St. Clair, Monroe, and Randolph Counties.

11 Thereafter such county clerks shall annually extend taxes

12 against all the taxable property within the District at the

13 rate specified in such ordinance levying such taxes. The

14 aggregate amount of principal of general obligation bonds

15 issued under the provisions of this Section shall not exceed

16 2.5% of the assessed valuation of all taxable property in the

17 District.

18  The proposition shall be in substantially the following

19 form:

20  ------------------------------------------------------------

21  Shall general obligation

22  bonds in the amount of $....

23  be issued by the Kaskaskia     YES

24  Regional Port District for

25  the purpose of ...., maturing

26  in not more than .... years,   ------------------------
   SB2394 Enrolled           - 1197 - LRB104 09208 AMC 19265 b

1  bearing not more than ....%

2  interest, and a tax levied              NO

3  to pay the principal and

4  interest thereof?

5  ------------------------------------------------------------

6 (Source: P.A. 82-902; revised 7-18-24.)

7  (70 ILCS 1830/23.1) (from Ch. 19, par. 523.1)

8  Sec. 23.1. All revenue bonds shall be payable solely from

9 the revenues or income to be derived from the terminals,

10 terminal facilities, port facilities, aquariums, museums,

11 planetariums, climatrons, and any other building or facility

12 which the District has the power to acquire, construct,

13 reconstruct, extend, or improve, or any part thereof, may bear

14 such date or dates and may mature at such time or times not

15 exceeding 40 years from their respective dates, all as may be

16 provided in the ordinance authorizing their issuance. All

17 general obligation bonds and revenue bonds may bear interest

18 at such rate or rates not to exceed that permitted in the Bond

19 Authorization Act "An Act to authorize public corporations to

20 issue bonds, other evidences of indebtedness and tax

21 anticipation warrants subject to interest rate limitations set

22 forth therein", approved May 26, 1970, as now or hereafter

23 amended. Such interest may be paid semiannually. All bonds,

24 whether revenue or general obligations, may be in such form,

25 may carry such registration privileges, may be executed in
    SB2394 Enrolled  - 1198 - LRB104 09208 AMC 19265 b

1 such manner, may be payable at such place or places, may be

2 made subject to redemption in such manner and upon such terms,

3 with or without premium as is stated on the face thereof, may

4 be authenticated in such manner and may contain such terms and

5 covenants, all as may be provided in the ordinance authorizing

6 issuance.

7   The holder or holders of any bonds or interest coupons

8 appertaining thereto issued by the District may bring a civil

9 suit to compel the performance and observance by the District

10 or any of its officers, agents, or employees of any contract or

11 covenant made by the District with the holders of such bonds or

12 interest coupons and to compel the District and any of its

13 officers, agents, or employees to perform any duties required

14 to be performed for the benefit of the holders of any such

15 bonds or interest coupons by the provision in the ordinance

16 authorizing their issuance, and to enjoin the District and any

17 of its officers, agents, or employees from taking any action

18 in conflict with any such contract or covenant, including the

19 establishment of charges, fees, and rates for the use of

20 facilities as provided in this Act.

21  Notwithstanding the form and tenor of any bond, whether

22 revenue or general obligation, and in the absence of any

23 express recital on the face thereof that it is nonnegotiable,

24 all such bonds are negotiable instruments. Pending the

25 preparation and execution of any such bonds, temporary bonds

26 may be issued with or without interest coupons as may be
   SB2394 Enrolled  - 1199 - LRB104 09208 AMC 19265 b

1 provided by ordinance.
2 (Source: P.A. 82-902; revised 7-19-24.)

3  Section 520. The Mt. Carmel Regional Port District Act is

4 amended by changing Section 12 as follows:

5  (70 ILCS 1835/12) (from Ch. 19, par. 712)

6  Sec. 12. All revenue bonds shall be payable solely from

7 the revenues or income to be derived from the terminals,

8 terminal facilities, airfields, airports, port facilities,

9 aquariums, museums, planetariums, climatrons, and any other

10 building or facilities which the District has the power to

11 acquire, construct, reconstruct, extend, or improve, or any

12 part thereof. The revenue bonds may bear such date or dates and

13 may mature at such time or times not exceeding 40 years from

14 their respective dates, as may be provided in the ordinance

15 authorizing their issuance. Both revenue and general

16 obligation bonds may bear interest at such rate or rates as

17 permitted in the Bond Authorization Act "An Act to authorize

18 public corporations to issue bonds, other evidences of

19 indebtedness and tax anticipation warrants subject to interest

20 rate limitations set forth therein", approved May 26, 1970, as

21 now or hereafter amended, payable semi-annually, as provided

22 in the ordinance authorizing issuance. All bonds, whether

23 revenue or general obligations, may be in such form, may carry

24 such registration privileges, may be executed in such manner,
    SB2394 Enrolled  - 1200 - LRB104 09208 AMC 19265 b

1 may be payable at such place or places, may be made subject to

2 redemption in such manner and upon such terms, with or without

3 premium as is stated on the face thereof, may be authenticated

4 in such manner and may contain such terms and covenants as

5 provided in the ordinance authorizing issuance.

6   The holder or holders of any bonds or interest coupons

7 attached thereto issued by the District may bring suit to

8 compel the performance and observance by the District or any

9 of its officers, agents, or employees of any contract or

10 covenant made by the District with the holders of such bonds or

11 interest coupons and to compel the District and any of its

12 officers, agents, or employees to perform any duties required

13 to be performed for the benefit of the holders of any such

14 bonds or interest coupons by the provision in the ordinance

15 authorizing their issuance, and to enjoin the District and any

16 of its officers, agents, or employees from taking any action

17 in conflict with any such contract or covenant, including the

18 establishment of charges, fees, and rates for the use of

19 facilities.

20  Notwithstanding the form and tenor of any bond, whether

21 revenue or general obligation, and in the absence of any

22 express recital on the face thereof that it is nonnegotiable,

23 all such bonds shall be negotiable instruments. Pending the

24 preparation and execution of any such bonds, temporary bonds

25 may be issued with or without interest coupons as provided by

26 ordinance.
   SB2394 Enrolled  - 1201 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 82-902; revised 7-19-24.)

2  Section 525. The Shawneetown Regional Port District Act is

3 amended by changing Section 9 as follows:

4  (70 ILCS 1850/9) (from Ch. 19, par. 409)

5  Sec. 9. All revenue bonds shall be payable solely from the

6 revenues or income to be derived from the terminals, terminal

7 facilities, airfields, airports, or port facilities or any

8 part thereof. The bonds may bear such date or dates and may

9 mature at such time or times not exceeding 40 years from their

10 respective dates, all as may be provided in the ordinance

11 authorizing their issuance. All bonds, whether revenue or

12 general obligation, may bear interest at such rate or rates as

13 permitted in the Bond Authorization Act "An Act to authorize

14 public corporations to issue bonds, other evidences of

15 indebtedness and tax anticipation warrants subject to interest

16 rate limitations set forth therein", approved May 26, 1970, as

17 now or hereafter amended. Such interest may be paid

18 semiannually. All such bonds may be in such form, may carry

19 such registration privileges, may be executed in such manner,

20 may be payable at such place or places, may be made subject to

21 redemption in such manner and upon such terms, with or without

22 premium as is stated on the face thereof, may be authenticated

23 in such manner and may contain such terms and covenants, all as

24 may be provided in the ordinance authorizing issuance.
    SB2394 Enrolled        - 1202 - LRB104 09208 AMC 19265 b

1   The holder or holders of any bonds or interest coupons

2 appertaining thereto issued by the District may bring civil

3 actions to compel the performance and observance by the

4 District or any of its officers, agents, or employees of any

5 contract or covenant made by the District with the holders of

6 such bonds or interest coupons and to compel the District and

7 any of its officers, agents, or employees to perform any

8 duties required to be performed for the benefit of the holders

9 of any such bonds or interest coupons by the provision in the

10 ordinance authorizing their issuance, and to enjoin the

11 District and any of its officers, agents, or employees from

12 taking any action in conflict with any such contract or

13 covenant, including the establishment of charges, fees, and

14 rates for the use of facilities as hereinafter provided.

15  Notwithstanding the form and tenor of any bond, whether

16 revenue or general obligation, and in the absence of any

17 express recital on the face thereof that it is nonnegotiable,

18 all such bonds shall be negotiable instruments. Pending the

19 preparation and execution of any such bonds, temporary bonds

20 may be issued with or without interest coupons as may be

21 provided by ordinance.

22 (Source: P.A. 82-902; revised 7-19-24.)

23  Section 530. The Southwest Regional Port District Act is

24 amended by changing Sections 10 and 11 as follows:
   SB2394 Enrolled  - 1203 - LRB104 09208 AMC 19265 b

1  (70 ILCS 1855/10) (from Ch. 19, par. 460)

2  Sec. 10. If the Board desires to issue general obligation

3 bonds it shall adopt an ordinance specifying the amount of

4 bonds to be issued, the purpose for which they will be issued,

5 the maximum rate of interest they will bear which shall not be

6 more than that permitted in the Bond Authorization Act "An Act

7 to authorize public corporations to issue bonds, other

8 evidences of indebtedness and tax anticipation warrants

9 subject to interest rate limitations set forth therein",

10 approved May 26, 1970, as now or hereafter amended. Such

11 interest may be paid semiannually. The ordinance shall also

12 specify the date of maturity which shall not be more than 20

13 years after the date of issuance. This ordinance shall not be

14 effective until it has been submitted to referendum of, and

15 approved by, a majority of the legal voters of the District.

16 The Board shall certify its ordinance and the proposition to

17 the proper election officials, who shall submit the

18 proposition to the voters at an election in accordance with

19 the general election law. If a majority of the votes cast upon

20 the proposition is in favor of the issuance of such general

21 obligation bonds the District shall thereafter be authorized

22 to issue and, in accordance with the provisions of Section 13

23 of this Act, to sell the bonds specified in such ordinance and

24 to adopt an ordinance levying an annual tax against all of the

25 taxable property within the District sufficient to pay the

26 maturing principal and interest of such bonds and to file a
    SB2394 Enrolled        - 1204 - LRB104 09208 AMC 19265 b

1 certified copy of both such ordinances in the office of the

2 county clerk of St. Clair County. Thereafter, the county clerk

3 shall annually extend taxes against all the taxable property

4 within the District at the rate specified in such ordinance

5 levying such taxes. The aggregate amount of principal of

6 general obligation bonds issued under the provisions of this

7 Section section of this Act shall not exceed 2.5% of the

8 assessed valuation of all taxable property in the District.

9   The proposition shall be in substantially the following

10 form:

11  ------------------------------------------------------------

12  Shall general obligation bonds

13  in the amount of $.... be issued           YES

14  by the Southwest Regional Port

15  District for the purpose of ....,

16  maturing in not more than .... years,   ------------------

17  bearing not more than ....% interest,

18  and a tax levied to pay the principal      NO

19  and interest thereof?

20  ------------------------------------------------------------

21 (Source: P.A. 82-902; revised 7-24-24.)

22  (70 ILCS 1855/11) (from Ch. 19, par. 461)

23  Sec. 11. All revenue bonds shall be payable solely from

24 the revenues or income to be derived from the terminals,

25 terminal facilities, airfields, airports, port facilities,
    SB2394 Enrolled  - 1205 - LRB104 09208 AMC 19265 b

1 aquariums, museums, planetariums, climatrons, and any other

2 building or facility which the District has the power to

3 acquire, construct, reconstruct, extend, or improve, or any

4 part thereof. The bonds may bear such date or dates and may

5 mature at such time or times not exceeding 40 years from their

6 respective dates, all as may be provided in the ordinance

7 authorizing their issuance. All general obligation bonds and

8 revenue bonds may bear interest at such rate or rates as

9 permitted in the Bond Authorization Act "An Act to authorize

10 public corporations to issue bonds, other evidences of

11 indebtedness and tax anticipation warrants subject to interest

12 rate limitations set forth therein", approved May 26, 1970, as

13 now or hereafter amended. Such interest may be paid

14 semiannually. All bonds, whether revenue or general

15 obligations, may be in such form, may carry such registration

16 privileges, may be executed in such manner, may be payable at

17 such place or places, may be made subject to redemption in such

18 manner and upon such terms, with or without premium as is

19 stated on the face thereof, may be authenticated in such

20 manner, and may contain such terms and covenants, all as may be

21 provided in the ordinance authorizing issuance.

22  The holder or holders of any bonds or interest coupons

23 appertaining thereto issued by the District may bring civil

24 actions to compel the performance and observance by the

25 District or any of its officers, agents, or employees of any

26 contract or covenant made by the District with the holders of
    SB2394 Enrolled        - 1206 - LRB104 09208 AMC 19265 b

1 such bonds or interest coupons and to compel the District and

2 any of its officers, agents, or employees to perform any

3 duties required to be performed for the benefit of the holders

4 of any such bonds or interest coupons by the provision in the

5 ordinance authorizing their issuance, and to enjoin the

6 District and any of its officers, agents, or employees from

7 taking any action in conflict with any such contract or

8 covenant, including the establishment of charges, fees, and

9 rates for the use of facilities as hereinafter provided.

10  Notwithstanding the form and tenor of any bond, whether

11 revenue or general obligation, and in the absence of any

12 express recital on the face thereof that it is nonnegotiable,

13 all such bonds shall be negotiable instruments. Pending the

14 preparation and execution of any such bonds, temporary bonds

15 may be issued with or without interest coupons as may be

16 provided by ordinance.

17 (Source: P.A. 82-902; revised 7-24-24.)

18  Section 535. The America's Central Port District Act is

19 amended by changing Section 8 as follows:

20  (70 ILCS 1860/8) (from Ch. 19, par. 291)

21  Sec. 8. The District has the continuing power to borrow

22 money and issue either general obligation bonds, after

23 approval by referendum as hereinafter provided, or revenue

24 bonds without referendum approval for the purpose of
    SB2394 Enrolled      - 1207 - LRB104 09208 AMC 19265 b

1 acquiring, constructing, reconstructing, extending, or

2 improving terminals, terminal facilities, airfields, airports,

3 and port facilities, and for acquiring any property and

4 equipment useful for the construction, reconstruction,

5 extension, improvement, or operation of its terminals,

6 terminal facilities, airfields, airports, and port facilities,

7 and for acquiring necessary working cash funds.

8   The District may, pursuant to ordinance adopted by the

9 Board and without submitting the question to referendum, from

10 time to time issue and dispose of its interest bearing revenue

11 bonds and may also in the same manner from time to time issue

12 and dispose of its interest bearing revenue bonds to refund

13 any revenue bonds at maturity or pursuant to redemption

14 provisions or at any time before maturity with the consent of

15 the holders thereof.

16  If the Board desires to issue general obligation bonds it

17 shall adopt an ordinance specifying the amount of bonds to be

18 issued, the purpose for which they will be issued, the maximum

19 rate of interest they will bear which shall not be greater than

20 that permitted in the Bond Authorization Act "An Act to

21 authorize public corporations to issue bonds, other evidences

22 of indebtedness and tax anticipation warrants subject to

23 interest rate limitations set forth therein", approved May 26,

24 1970, as now or hereafter amended. Such interest may be paid

25 semiannually. The ordinance shall also specify the date of

26 maturity which shall not be more than 20 years after the date
    SB2394 Enrolled  - 1208 - LRB104 09208 AMC 19265 b

1 of issuance, and levying a tax that will be required to

2 amortize such bonds. This ordinance is not effective until it

3 has been submitted to referendum of, and approved by, the

4 legal voters of the District. The Board shall certify the

5 ordinance and the question to the proper election officials,

6 who shall submit the question to the voters at an election in

7 accordance with the general election law. If a majority of the

8 vote is in favor of the issuance of the general obligation

9 bonds the county clerk shall annually extend taxes against all

10 taxable property within the District at a rate sufficient to

11 pay the maturing principal and interest of these bonds.

12  The question shall be in substantially the following form:

13  ------------------------------------------------------------

14  Shall general obligation bonds

15  in the amount of $.... be issued     YES

16  by America's Central Port

17  District for the purpose of ....     ----------------

18  maturing in not more than .....

19  years, bearing not more than ....%   NO

20  interest, and a tax levied to pay

21  the principal and interest thereof?

22  ------------------------------------------------------------

23 (Source: P.A. 98-854, eff. 1-1-15; revised 7-24-24.)

24  Section 540. The Waukegan Port District Act is amended by

25 changing Section 9 as follows:
    SB2394 Enrolled  - 1209 - LRB104 09208 AMC 19265 b

1   (70 ILCS 1865/9) (from Ch. 19, par. 187)

2   Sec. 9. All revenue bonds shall be payable solely from the

3 revenues or income to be derived from the terminals, terminal

4 facilities, airfields, airports, or port facilities or any

5 part thereof. The Bonds may bear such date or dates and may

6 mature at such time or times not exceeding 40 years from their

7 respective dates, all as may be provided in the ordinance

8 authorizing their issuance. All bonds, whether revenue or

9 general obligation, may bear interest at such rate or rates

10 not to exceed that permitted in the Bond Authorization Act "An

11 Act to authorize public corporations to issue bonds, other

12 evidences of indebtedness and tax anticipation warrants

13 subject to interest rate limitations set forth therein",

14 approved May 26, 1970, as now or hereafter amended. Such

15 interest may be paid semiannually. All such bonds may be in

16 such form, may carry such registration privileges, may be

17 executed in such manner, may be payable at such place or

18 places, may be made subject to redemption in such manner and

19 upon such terms, with or without premium as is stated on the

20 face thereof, may be authenticated in such manner, and may

21 contain such terms and covenants, all as may be provided in the

22 ordinance authorizing issuance.

23  The holder or holders of any bonds or interest coupons

24 appertaining thereto issued by the District may bring civil

25 actions to compel the performance and observance by the
    SB2394 Enrolled        - 1210 - LRB104 09208 AMC 19265 b

1 District or any of its officers, agents, or employees of any

2 contract or covenant made by the District with the holders of

3 such bonds or interest coupons and to compel the District and

4 any of its officers, agents, or employees to perform any

5 duties required to be performed for the benefit of the holders

6 of any such bonds or interest coupons by the provision in the

7 ordinance authorizing their issuance, and to enjoin the

8 District and any of its officers, agents, or employees from

9 taking any action in conflict with any such contract or

10 covenant, including the establishment of charges, fees, and

11 rates for the use of facilities as hereinafter provided.

12  Notwithstanding the form and tenor of any bond, whether

13 revenue or general obligation, and in the absence of any

14 express recital on the face thereof that it is nonnegotiable,

15 all such bonds shall be negotiable instruments. Pending the

16 preparation and execution of any such bonds, temporary bonds

17 may be issued with or without interest coupons as may be

18 provided by ordinance.

19 (Source: P.A. 82-902; revised 7-24-24.)

20  Section 545. The White County Port District Act is amended

21 by changing Section 17 as follows:

22  (70 ILCS 1870/17) (from Ch. 19, par. 767)

23  Sec. 17. The bonds or certificates shall be sold by the

24 corporate authorities of the Port District in such manner as
    SB2394 Enrolled          - 1211 - LRB104 09208 AMC 19265 b

 1 the Board determines, except that if issued to bear interest
 2 at the maximum rate permitted in the Bond Authorization Act
 3 "An Act to authorize public corporations to issue bonds, other
 4 evidences of indebtedness and tax anticipation warrants
 5 subject to interest rate limitations set forth therein",
 6 approved May 26, 1970, as now or hereafter amended, the bonds
 7 shall be sold for not less than par and accrued interest, and
 8 except that the selling price of the bonds bearing interest at
 9 a rate less than the maximum rate permitted in that Act shall
10 be such that the interest cost to the district of the money
11 received from the bond sale shall not exceed such maximum rate
12 annually computed to absolute maturity of such bonds or
13 certificates according to standard tables of bond values.
14 (Source: P.A. 82-902; revised 7-26-24.)

15  Section 550. The River Conservancy Districts Act is

16 amended by changing Section 11 as follows:

17  (70 ILCS 2105/11) (from Ch. 42, par. 394)

18  Sec. 11. (1) The board of trustees of a conservancy

19 district incorporated under this Act may acquire, by gift,

20 purchase, or lease, land or any of the facilities enumerated

21 below, and may construct, develop, operate, extend, and

22 improve such facilities:

23  (a) Dams and reservoirs for water storage, water

24  wells, water purification works, pumping stations,
    SB2394 Enrolled      - 1212 - LRB104 09208 AMC 19265 b

1   conduits, pipe lines, regulating works, and all

2   appurtenances required for the production and delivery of

3   adequate and pure water to incorporated cities and

4   villages, corporations, and persons in unincorporated

5   areas within or without the borders of the conservancy

6   district. The board is empowered and legally obligated to

7   build, operate, and maintain such water facilities, to

8   adopt and enforce ordinances for the protection of water

9   sources, and to sell water to the incorporated cities and

10  villages and the corporations and persons in

11  unincorporated areas by meter measurements and at rates

12  that will at least defray all fixed, maintenance and

13  operating expenses.

14  (b) Sewage treatment plants, collector, interceptor,

15  and outlet sewers, force mains, conduits, lateral sewers,

16  and extensions, pumping stations, ejector stations, and

17  all other appurtenances, extensions, or improvements

18  necessary or useful and convenient for the sanitary

19  collection, treatment, and disposal of sewage and

20  industrial wastes. The board may prohibit and disconnect

21  storm water drains and outlets where necessary to relieve

22  existing sanitary sewers of storm water loads in order to

23  assure the efficient and sanitary collection, treatment,

24  and disposal of sewage and industrial wastes. The board is

25  empowered and legally obligated to establish rates and

26  charges for the services of any such sewerage facilities
    SB2394 Enrolled  - 1213 - LRB104 09208 AMC 19265 b

1   that at least defray all fixed, maintenance, and operating

2   expenses.

3   (c) Lodges, cottages, trailer courts, and camping

4   grounds, marinas and related facilities for the

5   accommodation and servicing of boats, tennis courts,

6   swimming pools, golf courses, skating rinks, skeet ranges,

7   playgrounds, stables, bridle paths, and athletic fields,

8   picnic grounds and parking areas, convention and

9   entertainment centers, and other related buildings and

10  facilities for the accommodation and recreation of persons

11  visiting the reservoirs owned by the district or from

12  which it is drawing a supply of water. Any such

13  facilities, when acquired, may be leased by the board to a

14  responsible person, firm, or corporation for operation

15  over a period not longer than 20 years from the date of the

16  lease, or the board may lease, for a period not longer than

17  50 years from the date of the lease, land to a responsible

18  person, firm, or corporation for development for any of

19  the foregoing recreational purposes and may grant to such

20  person, firm, or corporation the right, at the option of

21  the person, firm, or corporation, to extend the lease for

22  a period not longer than 50 years from the expiration of

23  the original lease. If the board determines to operate any

24  such recreational facilities, it shall establish for the

25  revenue-producing facilities rates and charges which at

26  least defray all fixed, maintenance, and operating
   SB2394 Enrolled  - 1214 - LRB104 09208 AMC 19265 b

1  expenses.

2  (2) The board of trustees of the Rend Lake Conservancy

3 District may acquire, by gift, purchase, or lease, land or

4 facilities specified below, and may construct, develop,

5 operate, extend, and improve such facilities:

6  Industrial projects consisting of one or more buildings

7 and other structures, improvements, machinery, and equipment

8 suitable for use by any manufacturing, industrial, research,

9 or commercial enterprise and any other improvements necessary

10 or convenient thereto. Any such facilities, when acquired, may

11 be leased for operation for a period not longer than 20 years

12 after the date of the commencement of the lease, or the board

13 may lease, for a period not longer than 50 years after the date

14 of the commencement of the lease, land to a responsible

15 person, firm, or corporation for development of any of the

16 foregoing industrial projects and may grant to such person,

17 firm or corporation the right, at the option of the person,

18 firm or corporation, to extend the lease for a period not

19 longer than 50 years from the date of expiration of the

20 original lease. If the board decides to operate any such

21 industrial projects, it shall establish for the revenue

22 producing facilities rates and charges which will at least

23 defray all fixed, maintenance, and operating expenses.

24 However, nothing in Public Act 83-785 this amendatory Act of

25 1983 shall permit the Rend Lake Conservancy District to

26 acquire, purchase, lease, construct, develop, operate, or
    SB2394 Enrolled        - 1215 - LRB104 09208 AMC 19265 b

1 extend a facility for the purpose of mining coal.

2   (3) For the purpose of developing, operating, or financing

3 the cost of any such facilities under subsection (1) or (2),

4 the authorized board may combine into one system any 2 or more

5 such facilities and may use or pledge the revenues derived

6 from one to pay for the other.

7   Further, for such purposes, the authorized board shall

8 have the express power to execute a note or notes and to

9 execute a mortgage or trust deed to secure the payment of such

10 notes; such trust deed or mortgage shall cover real estate, or

11 some part thereof, or personal property owned by the District

12 and the lien of the mortgage shall apply to the real estate or

13 personal property so mortgaged by the District, and the

14 proceeds of the note or notes may be used for the purposes set

15 forth in this Section.

16  For purposes of this Section, the authorized board shall

17 not execute notes bearing a rate of interest that exceeds the

18 rate permitted in the Bond Authorization Act "An Act to

19 authorize public corporations to issue bonds, other evidences

20 of indebtedness and tax anticipation warrants subject to

21 interest rate limitations set forth therein", approved May 26,

22 1970, as now or hereafter amended.

23 (Source: P.A. 83-785; revised 7-29-24.)

24  Section 555. The Sanitary District Act of 1907 is amended

25 by changing Section 16.2 as follows:
    SB2394 Enrolled  - 1216 - LRB104 09208 AMC 19265 b

1   (70 ILCS 2205/16.2) (from Ch. 42, par. 262.2)

2   Sec. 16.2. All bonds issued pursuant to this Act shall

3 bear interest at a rate or rates not exceeding that permitted

4 by the Bond Authorization Act "An Act to authorize public

5 corporations to issue bonds, other evidences of indebtedness

6 and tax anticipation warrants subject to interest rate

7 limitations set forth therein", approved May 26, 1970, as

8 amended.

9 (Source: P.A. 83-591; revised 7-31-24.)

10  Section 560. The North Shore Water Reclamation District

11 Act is amended by changing Sections 9.1 and 22 as follows:

12  (70 ILCS 2305/9.1) (from Ch. 42, par. 285.1)

13  Sec. 9.1. All bonds issued pursuant to this Act shall bear

14 interest at a rate or rates not exceeding that permitted by the

15 Bond Authorization Act "An Act to authorize public

16 corporations to issue bonds, other evidences of indebtedness

17 and tax anticipation warrants subject to interest rate

18 limitations set forth therein", approved May 26, 1970, as

19 amended.

20 (Source: P.A. 83-591; revised 7-31-24.)

21  (70 ILCS 2305/22) (from Ch. 42, par. 296.2)

22  Sec. 22. When any special assessment is made under this
SB2394 Enrolled  - 1217 - LRB104 09208 AMC 19265 b

 1 Act, the ordinance authorizing such assessment may provide
 2 that the entire assessment and each individual assessment be
 3 divided into annual installments, not more than 20 twenty in
 4 number. In all cases such division shall be made so that all
 5 installments shall be equal in amount, except that all
 6 fractional amounts shall be added to the first installment so
 7 as to leave the remaining installments of the aggregate equal
 8 in amount and each a multiple of $100. The said several
 9 installments shall bear interest at a rate not to exceed that
10 permitted for public corporation bonds under the Bond
11 Authorization Act "An Act to authorize public corporations to
12 issue bonds, other evidences of indebtedness and tax
13 anticipation warrants subject to interest rate limitations set
14 forth therein", approved May 26, 1970, as now or hereafter
15 amended, except that for the purposes of this Section, "the
16 time the contract is made" shall mean the date of adoption of
17 the original ordinance authorizing the assessment; both
18 principal and interest shall be payable, collected, and
19 enforced as they shall become due in the manner provided for
20 the levy, payment, collection, and enforcement of such
21 assessments and interest, as provided in Divisions 1 and 2 of
22 Article 9 and Division 87 of Article 11 of the "Illinois
23 Municipal Code", approved May 29, 1961, as heretofore or
24 hereafter amended.
25 (Source: P.A. 83-1525; revised 7-31-24.)
    SB2394 Enrolled  - 1218 - LRB104 09208 AMC 19265 b

1   Section 565. The Sanitary District Act of 1917 is amended

2 by changing Sections 3, 8.2, 16.3, and 20 as follows:

3   (70 ILCS 2405/3) (from Ch. 42, par. 301)

4   Sec. 3. Board of trustees; creation; term. A board of

5 trustees shall be created, consisting of 5 members in any

6 sanitary district which includes one or more municipalities

7 with a population of over 90,000 but less than 500,000

8 according to the most recent Federal census, and consisting of

9 3 members in any other district. However, the board of

10 trustees for the Fox River Water Reclamation District, the

11 Sanitary District of Decatur, and the Northern Moraine

12 Wastewater Reclamation District shall each consist of 5

13 members. Each board of trustees shall be created for the

14 government, control, and management of the affairs and

15 business of each sanitary district organized under this Act

16 and shall be created in the following manner:

17  (1) If the district's corporate boundaries are located

18  wholly within a single county, the presiding officer of

19  the county board, with the advice and consent of the

20  county board, shall appoint the trustees for the district;

21  (2) If the district's corporate boundaries are located

22  in more than one county, the members of the General

23  Assembly whose legislative districts encompass any portion

24  of the district shall appoint the trustees for the

25  district.
    SB2394 Enrolled  - 1219 - LRB104 09208 AMC 19265 b

1   In any sanitary district which shall have a 3-member 3

2 member board of trustees, within 60 days after the adoption of

3 such act, the appropriate appointing authority shall appoint

4 three trustees not more than 2 of whom shall be from one

5 incorporated city, town, or village in districts in which are

6 included 2 or more incorporated cities, towns, or villages, or

7 parts of 2 or more incorporated cities, towns, or villages,

8 who shall hold their office respectively for one 1, 2, and 3

9 years, from the first Monday of May next after their

10 appointment and until their successors are appointed and have

11 qualified, and thereafter on or before the second Monday in

12 April of each year the appropriate appointing authority shall

13 appoint one trustee whose term shall be for 3 years commencing

14 the first Monday in May of the year in which he is appointed.

15 The length of the term of the first trustees shall be

16 determined by lot at their first meeting.

17  In the case of any sanitary district created after January

18 1, 1978 in which a 5-member 5 member board of trustees is

19 required, the appropriate appointing authority shall appoint 5

20 trustees, one of whom shall hold office for one year, two of

21 whom shall hold office for 2 years, and 2 of whom shall hold

22 office for 3 years from the first Monday of May next after

23 their respective appointments and until their successors are

24 appointed and have qualified. Thereafter, on or before the

25 second Monday in April of each year the appropriate appointing

26 authority shall appoint one trustee or 2 trustees, as shall be
    SB2394 Enrolled  - 1220 - LRB104 09208 AMC 19265 b

1 necessary to maintain a 5-member 5 member board of trustees,

2 whose terms shall be for 3 years commencing the first Monday in

3 May of the year in which they are respectively appointed. The

4 length of the terms of the first trustees shall be determined

5 by lot at their first meeting.

6   In any sanitary district created prior to January 1, 1978

7 in which a 5-member 5 member board of trustees is required as

8 of January 1, 1978, the two trustees already serving terms

9 which do not expire on May 1, 1978 shall continue to hold

10 office for the remainders of their respective terms, and 3

11 trustees shall be appointed by the appropriate appointing

12 authority by April 10, 1978 and shall hold office for terms

13 beginning May 1, 1978. Of the three new trustees, one shall

14 hold office for 2 years and 2 shall hold office for 3 years

15 from May 1, 1978 and until their successors are appointed and

16 have qualified. Thereafter, on or before the second Monday in

17 April of each year the appropriate appointing authority shall

18 appoint one trustee or 2 trustees, as shall be necessary to

19 maintain a 5-member 5 member board of trustees, whose terms

20 shall be for 3 years commencing the first Monday in May of the

21 year in which they are respectively appointed. The lengths of

22 the terms of the trustees who are to hold office beginning May

23 1, 1978 shall be determined by lot at their first meeting after

24 May 1, 1978.

25  No more than 3 members of a 5-member 5 member board of

26 trustees may be of the same political party; except that in any
    SB2394 Enrolled  - 1221 - LRB104 09208 AMC 19265 b

1 sanitary district which otherwise meets the requirements of

2 this Section and which lies within 4 counties of the State of

3 Illinois or, prior to April 30, 2008, in the Fox River Water

4 Reclamation District; the appointments of the 5 members of the

5 board of trustees shall be made without regard to political

6 party. Beginning with the appointments made on April 30, 2008,

7 all appointments to the board of trustees of the Fox River

8 Water Reclamation District shall be made so that no more than 3

9 of the 5 members are from the same political party.

10  Beginning with the 2021 municipal election, the board of

11 trustees of the Fox Metro Water Reclamation District shall be

12 elected as provided in this paragraph. The election of

13 trustees shall be in accordance with Section 2A-1.1 of the

14 Election Code. Any board member serving on August 23, 2019

15 (the effective date of Public Act 101-523) this amendatory Act

16 of the 101st General Assembly whose term does not expire in

17 2021 shall serve until his or her successor is elected and

18 qualified. The board of trustees of the Fox Metro Water

19 Reclamation District shall: on or before January 1, 2020,

20 divide the Fox Metro Water Reclamation District into 5 trustee

21 districts and assign the trustee districts to reflect the

22 results of the most recent federal decennial census; and

23 thereafter, in the year following each decennial census,

24 redistrict the trustee districts to reflect the results of the

25 most recent census. The board of trustees shall consist of 1

26 elected trustee in each trustee district. A petition for
SB2394 Enrolled  - 1222 - LRB104 09208 AMC 19265 b

 1 nomination for election of a trustee of the Fox Metro Water
 2 Reclamation District shall contain at least 100 signatures of
 3 registered voters residing within the Fox Metro Water
 4 Reclamation District. The trustees shall be elected for
 5 staggered terms at the election as provided by the Election
 6 Code. Two trustees shall be elected at the 2021 election, and 3
 7 trustees shall be elected at the following consolidated
 8 election. Elected trustees shall take office on the first
 9 Tuesday after the first Monday in the month following the
10 month of their election and shall hold their offices for 4
11 years and until their successors are elected and qualified. If
12 a vacancy occurs before the 2021 election on the board of
13 trustees of the Fox Metro Water Reclamation District: (i) the
14 District Manager shall, no later than 7 days from the date of
15 the vacancy, notify the State legislators representing any
16 portion of the District, publish notification of the vacancy
17 on the District's website, and send notification of the
18 vacancy to local newspapers, radio stations, and television
19 stations; (ii) each notification published or sent shall
20 contain instructions on how to apply to the District Manager
21 for the vacant trustee position; (iii) applications for the
22 vacancy shall be accepted for at least 30 days after the date
23 the notification of the vacancy was published and sent; (iv)
24 applications for the vacancy shall include a letter of
25 interest and resume; (v) once the application period has
26 closed, the District Manager shall forward all applications
    SB2394 Enrolled  - 1223 - LRB104 09208 AMC 19265 b

1 received to the State legislators notified of the vacancy in

2 item (i); (vi) the President of the board of trustees and the

3 District Manager shall hold a public meeting with the State

4 legislators notified of the vacancy to review all applications

5 and, by unanimous vote of all State legislators representing

6 any portion of the District, select a candidate to fill the

7 trustee vacancy; and (vii) the board of trustees shall appoint

8 the selected candidate at the next board of trustees meeting.

9 If a vacancy exists after the 2021 election on the board of

10 trustees of the Fox Metro Water Reclamation District, the

11 vacancy shall be filled by appointment by the president of the

12 board of trustees, with the advice and consent of the members

13 of the board of trustees, until the next regular election at

14 which trustees of the district are elected, and shall be made a

15 matter of record in the office of the county clerk in the

16 county where the district is located; for a vacancy filled by

17 appointment, the portion of the unexpired term remaining after

18 the next regular election at which trustees of the district

19 are elected shall be filled by election, as provided for in

20 this paragraph.

21  Within 60 days after the release of Federal census

22 statistics showing that a sanitary district having a 3-member

23 3 member board of trustees contains one or more municipalities

24 with a population over 90,000 but less than 500,000, or, for

25 the Northern Moraine Wastewater Reclamation District, within

26 60 days after September 11, 2007 (the effective date of Public
    SB2394 Enrolled  - 1224 - LRB104 09208 AMC 19265 b

1 Act 95-608) this amendatory Act of the 95th General Assembly,

2 the appropriate appointing authority shall appoint 2

3 additional trustees to the board of trustees, one to hold

4 office for 2 years and one to hold office for 3 years from the

5 first Monday of May next after their appointment and until

6 their successors are appointed and have qualified. The lengths

7 of the terms of these two additional members shall be

8 determined by lot at the first meeting of the board of trustees

9 held after the additional members take office. The three

10 trustees already holding office in the sanitary district shall

11 continue to hold office for the remainders of their respective

12 terms. Thereafter, on or before the second Monday in April of

13 each year the appropriate appointing authority shall appoint

14 one trustee or 2 trustees, as shall be necessary to maintain a

15 5-member 5 member board of trustees, whose terms shall be for 3

16 years commencing the first Monday in May of the year in which

17 they are respectively appointed.

18  If any sanitary district having a 5-member 5 member board

19 of trustees shall cease to contain one or more municipalities

20 with a population over 90,000 but less than 500,000 according

21 to the most recent Federal census, then, for so long as that

22 sanitary district does not contain one or more such

23 municipalities, on or before the second Monday in April of

24 each year the appropriate appointing authority shall appoint

25 one trustee whose term shall be for 3 years commencing the

26 first Monday in May of the year in which he is appointed. In
    SB2394 Enrolled          - 1225 - LRB104 09208 AMC 19265 b

1 districts which include 2 or more incorporated cities, towns,

2 or villages, or parts of 2 or more incorporated cities, towns,

3 or villages, all of the trustees shall not be from one

4 incorporated city, town or village.

5   If a vacancy occurs on any board of trustees, the

6 appropriate appointing authority shall within 60 days appoint

7 a trustee who shall hold office for the remainder of the

8 vacated term.

9   The appointing authority shall require each of the

10 trustees to enter into bond, with security to be approved by

11 the appointing authority, in such sum as the appointing

12 authority may determine.

13  A majority of the board of trustees shall constitute a

14 quorum but a smaller number may adjourn from day to day. No

15 trustee or employee of such district shall be directly or

16 indirectly interested in any contract, work or business of the

17 district, or the sale of any article, the expense, price, or

18 consideration of which is paid by such district; nor in the

19 purchase of any real estate or property belonging to the

20 district, or which shall be sold for taxes or assessments, or

21 by virtue of legal process at the suit of the district.

22 Provided, that nothing herein shall be construed as

23 prohibiting the appointment or selection of any person as

24 trustee or employee whose only interest in the district is as

25 owner of real estate in the district or of contributing to the

26 payment of taxes levied by the district. The trustees shall
    SB2394 Enrolled      - 1226 - LRB104 09208 AMC 19265 b

1 have the power to provide and adopt a corporate seal for the

2 district.

3   Notwithstanding any other provision in this Section, in

4 any sanitary district created prior to November 22, 1985 (the

5 effective date of Public Act 84-1033) this amendatory Act of

6 1985, in which a 5-member five member board of trustees has

7 been appointed and which currently includes one or more

8 municipalities with a population of over 90,000 but less than

9 500,000, the board of trustees shall consist of five members.

10  Except as otherwise provided for vacancies, in the event

11 that the appropriate appointing authority fails to appoint a

12 trustee under this Section, the appropriate appointing

13 authority shall reconvene and appoint a successor on or before

14 July 1 of that year.

15 (Source: P.A. 101-523, eff. 8-23-19; revised 7-31-24.)

16  (70 ILCS 2405/8.2) (from Ch. 42, par. 307.2)

17  Sec. 8.2. All bonds issued pursuant to this Act shall bear

18 interest at a rate or rates not exceeding that permitted by the

19 Bond Authorization Act "An Act to authorize public

20 corporations to issue bonds, other evidences of indebtedness

21 and tax anticipation warrants subject to interest rate

22 limitations set forth therein", approved May 26, 1970, as

23 amended.

24 (Source: P.A. 83-591; revised 7-19-24.)
    SB2394 Enrolled  - 1227 - LRB104 09208 AMC 19265 b

1   (70 ILCS 2405/16.3) (from Ch. 42, par. 315.3)

2   Sec. 16.3. The trustees of any district, having been

3 authorized by an election held pursuant to the preceding

4 Section, being desirous of exercising such authority, shall

5 have an estimate made of the cost of the acquisition of the

6 contemplated waterworks, and by ordinance shall provide for

7 the issuance of revenue bonds. The ordinance shall set forth a

8 brief description of the contemplated waterworks, the

9 estimated cost of acquisition or construction thereof, the

10 amount, rate of interest, time and place of payment, and other

11 details in connection with the issuance of the bonds. The

12 bonds shall bear interest at a rate not exceeding that

13 permitted by the Bond Authorization Act "An Act to authorize

14 public corporations to issue bonds, other evidences of

15 indebtedness and tax anticipation warrants subject to interest

16 rate limitations set forth therein", approved May 26, 1970, as

17 amended, payable semi-annually, and shall be payable at such

18 times and places not exceeding 20 years from their date as

19 shall be prescribed in the ordinance providing for their

20 issuance.

21  This ordinance may contain such covenants and restrictions

22 upon the issuance of additional revenue bonds thereafter as

23 may be deemed necessary or advisable for the assurance of

24 payment of the bonds thereby authorized and as may be

25 thereafter issued, and shall pledge the revenues derived from

26 the operation of the waterworks for the purpose of paying all
    SB2394 Enrolled  - 1228 - LRB104 09208 AMC 19265 b

 1 maintenance and operation costs, principal, and interest on
 2 all bonds issued under the provisions of this Act, and for
 3 providing an adequate depreciation fund, which depreciation
 4 fund is hereby defined for the purposes of this Act to be for
 5 such replacements as may be necessary from time to time for the
 6 continued effective and efficient operation of the waterworks
 7 properties of such district, and such fund shall not be
 8 allowed to accumulate beyond a reasonable amount necessary for
 9 that purpose, the terms and provisions of which shall be
10 incorporated in the ordinance authorizing the issuance of the
11 bonds.
12 (Source: P.A. 83-591; revised 7-19-24.)

13  (70 ILCS 2405/20) (from Ch. 42, par. 317b)

14  Sec. 20. When any special assessment is made under this

15 Act, the ordinance authorizing such assessment may provide

16 that the entire assessment and each individual assessment be

17 divided into annual installments, not more than 20 twenty in

18 number. In all cases such division shall be made so that all

19 installments shall be equal in amount, except that all

20 fractional amounts shall be added to the first installment so

21 as to leave the remaining installments of the aggregate equal

22 in amount and each a multiple of $100 one hundred dollars. The

23 said several installments shall bear interest at a rate not to

24 exceed that permitted for public corporation bonds under the

25 Bond Authorization Act "An Act to authorize public
    SB2394 Enrolled  - 1229 - LRB104 09208 AMC 19265 b

 1 corporations to issue bonds, other evidences of indebtedness
 2 and tax anticipation warrants subject to interest rate
 3 limitations set forth therein", approved May 26, 1970, as now
 4 or hereafter amended, except that for the purposes of this
 5 Section, "the time the contract is made" shall mean the date of
 6 adoption of the original ordinance authorizing the assessment;
 7 both principal and interest shall be payable, collected, and
 8 enforced as they shall become due in the manner provided for
 9 the levy, payment, collection, and enforcement of such
10 assessments and interest, as provided in Article 9 and
11 Division 87 of Article 11 of the "Illinois Municipal Code," as
12 heretofore and hereafter amended.
13 (Source: P.A. 83-1525; revised 7-19-24.)

14  Section 570. The Metropolitan Water Reclamation District

15 Act is amended by changing Sections 9b, 9d, 9.6, and 10.1 as

16 follows:

17  (70 ILCS 2605/9b) (from Ch. 42, par. 328b)

18  Sec. 9b. From and after April 1, 1958, the corporate

19 authorities of any such sanitary district may by ordinance,

20 establish a fund to be known as a "corporate working cash fund"

21 which shall be maintained and administered in the manner

22 provided by this Act for the purpose of enabling said

23 corporate authorities to have in the treasury at all times

24 sufficient money to meet demands thereon for ordinary and
    SB2394 Enrolled  - 1230 - LRB104 09208 AMC 19265 b

1 necessary expenditures for corporate purposes.

2   The corporate authorities may incur an indebtedness and

3 issue bonds therefor in an amount, when added to (a) proceeds

4 from the sale of bonds previously issued to create or increase

5 the working cash fund (b) any amounts collected from the

6 corporate working cash levy and (c) amounts transferred from

7 the construction working cash fund, will not exceed 90% of the

8 amount produced by multiplying the maximum corporate tax rate

9 permitted under this Act by the last known equalized assessed

10 valuation of all property within the territorial boundaries of

11 the sanitary district at the time any bonds are issued plus 90%

12 of the last known entitlement of such district to such taxes as

13 by law now or hereafter enacted or amended, imposed by the

14 General Assembly of the State of Illinois to replace revenue

15 lost by units of local government and school districts as a

16 result of the abolition of ad valorem personal property taxes,

17 pursuant to Article IX, Section 5(c) of the Constitution of

18 the State of Illinois. The bonds shall mature within 20 years

19 from the date of issuance and shall bear interest at a rate or

20 rates not exceeding that permitted by the Bond Authorization

21 Act "An Act to authorize public corporations to issue bonds,

22 other evidences of indebtedness and tax anticipation warrants

23 subject to interest rate limitations set forth therein",

24 approved May 26, 1970, as amended.

25  In order to authorize and issue such bonds, the corporate

26 authorities shall adopt an ordinance designating the purpose
    SB2394 Enrolled  - 1231 - LRB104 09208 AMC 19265 b

1 and fixing the date and the amount of the bonds proposed to be

2 issued, the maturity thereof, the rate of interest thereon,

3 place of payment and denomination, and provide for the levy

4 and collection of a direct annual tax upon all the taxable

5 property of the sanitary district sufficient to pay and

6 discharge the principal thereof at maturity, and to pay the

7 interest thereon as it falls due. Upon the filing in the office

8 of the county clerk of the county where the sanitary district

9 is located of a certified copy of any such ordinance, the

10 county clerk shall extend the tax therein provided for.

11  Said bonds may be issued by the corporate authorities

12 without submitting the question of issuance to the legal

13 voters of such sanitary district for approval.

14  Before or at the time of issuing said corporate working

15 cash fund bonds the corporate authorities shall, by ordinance

16 provide for the collection of a direct annual tax upon all the

17 taxable property of the sanitary district sufficient to pay

18 and discharge the principal thereof at maturity, and to pay

19 the interest thereon as it falls due. Upon the filing in the

20 office of the county clerk of the county where the sanitary

21 district is located of a certified copy of any such ordinance,

22 the county clerk shall extend the tax therein provided for.

23  All moneys derived from the issuance of said corporate

24 working cash fund bonds pursuant to this Amendatory Act of

25 1957, when received by the treasurer of the district, shall be

26 set apart in the corporate working cash fund. The moneys in
SB2394 Enrolled  - 1232 - LRB104 09208 AMC 19265 b

 1 such fund shall not be regarded as current assets available
 2 for appropriation and shall not be appropriated by the
 3 corporate authorities in the annual sanitary district budget,
 4 but in order to provide moneys with which to meet ordinary and
 5 necessary disbursements for salaries and other corporate
 6 purposes may be transferred, in whole or in part, to the
 7 corporate fund of the sanitary district and so disbursed
 8 therefrom in anticipation of the collection of any taxes
 9 lawfully levied for corporate purposes or in the anticipation
10 of the receipt of such taxes, as by law now or hereafter
11 enacted or amended, imposed by the General Assembly of the
12 State of Illinois to replace revenue lost by units of local
13 government and school districts as a result of the abolition
14 of ad valorem personal property taxes, pursuant to Article IX,
15 Section 5(c) of the Constitution of the State of Illinois.
16 Moneys transferred to the corporate fund in anticipation of
17 the collection of taxes shall be deemed to have been
18 transferred in anticipation of the collection of that part of
19 the taxes so levied which is in excess of the amount or amounts
20 thereof required to pay any warrants or notes, and the
21 interest thereon theretofore or thereafter issued, and such
22 taxes levied for corporate purposes when collected shall be
23 applied first to the payment of any such warrants or notes and
24 the interest thereon and then to the reimbursement of the
25 corporate working cash fund as hereinafter provided. Upon the
26 receipt by the treasurer of the sanitary district of any taxes
    SB2394 Enrolled      - 1233 - LRB104 09208 AMC 19265 b

1 in anticipation of the collection or receipt whereof moneys of

2 the corporate working cash fund have been so transferred for

3 disbursement, such fund shall immediately be reimbursed

4 therefrom until the full amount so transferred has been

5 retransferred to said fund. If the taxes in anticipation of

6 the collection of which such transfers are made are not

7 collected in sufficient amounts to effect a complete

8 reimbursement of the working cash fund within the second

9 budget year following the year in which said transfer was

10 made, of the amounts transferred from the corporate working

11 cash fund to the corporate fund, the deficiencies between the

12 amounts thus transferred and the amounts repaid from

13 collection shall be general obligations of the corporate fund

14 until repaid either from taxes in anticipation of which

15 transfers were made or from appropriations which may be made

16 in the annual sanitary district budgets of sums of money to

17 apply on such general obligations or until repaid from both

18 the taxes in anticipation of which such transfers were made

19 and from appropriations which may be made in the annual

20 sanitary district budgets of sums of money to apply on such

21 general obligations.

22  Moneys shall be transferred from the corporate working

23 cash fund to the corporate fund only upon the authority of the

24 corporate authorities, which shall by resolution direct the

25 treasurer of the sanitary district to make such transfers. The

26 resolution shall set forth (a) the taxes or funds in
SB2394 Enrolled  - 1234 - LRB104 09208 AMC 19265 b

 1 anticipation of the collection or receipt of which the
 2 corporate working cash fund is to be reimbursed, (b) for a
 3 transfer in anticipation of the extension of real estate
 4 taxes, the entire amount of taxes extended, or which the board
 5 shall estimate will be extended, for any year by the county
 6 clerk upon the books of the collectors of State state and
 7 county taxes within the sanitary district in anticipation of
 8 all or part of which such transfer is to be made, (c) for a
 9 transfer in anticipation of such taxes, hereinabove referred
10 to, to replace revenue lost by units of local government and
11 school districts as a result of the abolition of ad valorem
12 personal property taxes, the amount of such taxes which the
13 board shall estimate will be received, (d) the aggregate
14 amount of warrants or notes theretofore issued in anticipation
15 of the collection of such taxes, (e) the aggregate amount of
16 receipts from taxes imposed to replace revenue lost by units
17 of local government and school districts as a result of the
18 abolition of ad valorem personal property taxes, pursuant to
19 Article IX, Section 5(c) of the Constitution of the State of
20 Illinois, which the corporate authorities estimate will be set
21 aside for the payment of the proportionate amount of debt
22 service and pension or retirement obligations, as required by
23 Section 12 of the State Revenue Sharing Act "An Act in relation
24 to State Revenue Sharing with local government entities",
25 approved July 31, 1969, as amended, and (f) the aggregate
26 amount of moneys theretofore transferred from the corporate
    SB2394 Enrolled  - 1235 - LRB104 09208 AMC 19265 b

1 working cash fund to the corporate fund in anticipation of the

2 collection of such taxes. The amount which the resolution

3 shall direct the treasurer of the sanitary district so to

4 transfer in anticipation of the collection of taxes levied or

5 to be received for any year, together with the aggregate

6 amount of such anticipation tax warrants or notes theretofore

7 drawn against such taxes, the amount estimated to be required

8 to satisfy debt service and pension or retirement obligations,

9 as set forth in Section 12 of the State Revenue Sharing Act "An

10 Act in relation to State revenue sharing with local government

11 entities", approved July 31, 1969, as amended, and the

12 aggregate amount of such transfers theretofore made in

13 anticipation of the collection of such taxes shall not exceed

14 100% of the actual or estimated amount of such taxes extended

15 or to be extended or to be received as set forth in the

16 resolution. When moneys are available in the corporate working

17 cash fund they shall be transferred to the corporate fund and

18 disbursed for the payment of salaries and other corporate

19 expenses so as to avoid, or reduce in amount, whenever

20 possible, the issuance of tax anticipation warrants or notes.

21  Any member of the board of commissioners of said sanitary

22 district or any officer thereof or any other person holding

23 any other position of trust or employment under the said

24 board, who is guilty of the wilful violation of any of the

25 provisions of this Amendatory Act of 1957, shall be guilty of a

26 business offense and shall be fined not exceeding $10,000 and
    SB2394 Enrolled  - 1236 - LRB104 09208 AMC 19265 b

1 shall forfeit his right to his office, trust, or employment

2 and shall be removed therefrom. Any such member, officer, or

3 person shall be liable for any sum that may be unlawfully

4 diverted from the corporate working cash fund or otherwise

5 used, to be recovered by the corporate authorities of said

6 sanitary district or by any taxpayer in the name and for the

7 benefit of said board of commissioners in an appropriate civil

8 action. A taxpayer so suing shall file a bond for and shall be

9 liable for, all costs, taxed against the board of

10 commissioners in such a suit. Nothing herein shall bar any

11 other remedies.

12  The authority granted by this Amendatory Act of 1957 shall

13 be cumulative authority for the issuance of bonds and shall

14 not be held to repeal any laws with respect thereto.

15 (Source: P.A. 89-574, eff. 1-1-97; revised 7-19-24.)

16  (70 ILCS 2605/9d) (from Ch. 42, par. 328d)

17  Sec. 9d. All bonds, notes, or other evidences of

18 indebtedness issued pursuant to this Act shall be sold at such

19 price and upon such terms as determined by the Board of

20 Commissioners and which will not cause the net effective

21 interest rate to be paid by the sanitary district to exceed

22 that permitted by the Bond Authorization Act "An Act to

23 authorize public corporations to issue bonds, other evidences

24 of indebtedness and tax anticipation warrants subject to

25 interest rate limitations set forth therein", approved May 26,
    SB2394 Enrolled  - 1237 - LRB104 09208 AMC 19265 b

1 1970, as now or hereafter amended.
2 (Source: P.A. 84-208; revised 7-19-24.)

3   (70 ILCS 2605/9.6) (from Ch. 42, par. 328.6)

4   Sec. 9.6. Without submitting the issuance thereof to the

5 legal voters of the Sanitary District for approval the

6 corporate authorities thereof by ordinance may authorize bonds

7 for the purpose of refunding the principal of its bonds

8 whenever proceeds of taxes levied therefor shall not have been

9 received in time to pay such principal at its maturity.

10  The refunding bonds may be exchanged par for par for such

11 bonds or refunding bonds may be sold at not less than their par

12 value and the proceeds received shall be used to pay such bonds

13 and in any event the bonds refunded shall be cancelled upon the

14 delivery of the refunding bonds. The refunding bonds shall

15 mature 10 years from their date and may bear interest at a rate

16 not exceeding that permitted by the Bond Authorization Act "An

17 Act to authorize public corporations to issue bonds, other

18 evidences of indebtedness and tax anticipation warrants

19 subject to interest rate limitations set forth therein",

20 approved May 26, 1970, as amended. After the cancellation of

21 the bonds refunded the money thereafter received from the

22 proceeds of the delinquent taxes, the non-collection of which

23 made necessary such refunding, shall be paid into a special

24 sinking fund for the payment of the refunding bonds and may be

25 used by the treasurer of such sanitary district in the
    SB2394 Enrolled  - 1238 - LRB104 09208 AMC 19265 b

 1 purchase of such refunding bonds at not to exceed their par
 2 value and accrued interest and any refunding bonds so
 3 purchased shall be cancelled and the tax next to be extended
 4 for payment of the refunding bonds shall be reduced in the
 5 amount of the refunding bonds so cancelled. If any such money
 6 shall not have been used in the purchase of refunding bonds,
 7 such money shall be set aside in a fund to be used for payment
 8 of the interest and principal of such refunding bonds as the
 9 same shall mature and the tax or taxes next to be extended for
10 such payment shall be reduced by the amount so set aside. An
11 ordinance shall be adopted annually during the term of the
12 refunding bonds, finding the amount of refunding bonds so
13 purchased from the proceeds of such delinquent taxes, and the
14 amount of money on hand received from the collection of such
15 delinquent taxes not used in purchasing refunding bonds, and
16 directing the reduction in that amount of the tax next to be
17 extended for payment of the refunding bonds and a certified
18 copy thereof shall be filed in the office of the county clerk,
19 whereupon it shall be the duty of such official to reduce and
20 extend such tax levy in accordance therewith.
21 (Source: P.A. 83-591; revised 7-19-24.)

22  (70 ILCS 2605/10.1) (from Ch. 42, par. 329a)

23  Sec. 10.1. Every sanitary district shall also have the

24 power to construct a sewerage system or drainage system to

25 serve a particular locality within its corporate limits or to
    SB2394 Enrolled  - 1239 - LRB104 09208 AMC 19265 b

1 extend or improve an existing sewerage system or drainage

2 system, for the purpose of serving a particular locality

3 within the sanitary district not theretofore served by its

4 existing sewerage system or drainage system, and to pay the

5 cost thereof by the issuance and sale of revenue bonds of the

6 sanitary district, payable solely from the revenue derived

7 from the operation of the sewerage system or drainage system,

8 constructed or acquired for that particular locality, or from

9 the revenue to be derived from the operation of the

10 improvements and extensions of an existing system.

11  These bonds may be issued for maturities not exceeding 40

12 years from the date of the bonds and in such amounts as may be

13 necessary to provide sufficient funds to pay all the costs of

14 the improvement, or extension, or construction, or acquisition

15 for improvement and extension of the sewerage system or

16 drainage system, including engineering, legal, and other

17 expenses, together with interest, to a date 6 months

18 subsequent to the estimated date of completion. These bonds

19 shall bear interest at a rate not exceeding that permitted by

20 the Bond Authorization Act "An Act to authorize public

21 corporations to issue bonds, other evidences of indebtedness

22 and tax anticipation warrants subject to interest rate

23 limitations set forth therein", approved May 26, 1970, as

24 amended, payable semi-annually. Bonds issued under this Act

25 are negotiable instruments. They shall be executed by the

26 presiding officer and clerk of the sanitary district, or such
    SB2394 Enrolled  - 1240 - LRB104 09208 AMC 19265 b

1 other officer or officers as the trustees may, by resolution,

2 designate, and shall be sealed with the sanitary district

3 corporate seal. In case any officer whose signature appears on

4 the bonds or coupons ceases to hold that office before the

5 bonds are delivered, his signature nevertheless, shall be

6 valid and sufficient for all purposes, the same as though he

7 had remained in office until the bonds were delivered. The

8 bonds shall be sold in such manner and upon such terms as the

9 board of trustees shall determine.

10  Bonds issued under this Section section are payable from

11 revenue derived from the operation of that sewerage system or

12 drainage system or improvement or extension. These bonds shall

13 not, in any event, constitute an indebtedness of the sanitary

14 district, within the meaning of any constitutional or

15 statutory limitation, and it shall be so stated on the face of

16 each bond. The face of each bond shall also contain a

17 description of the locality for which that system or

18 improvement or extension is constructed and acquired.

19 (Source: P.A. 83-591; revised 7-22-24.)

20  Section 575. The Sanitary District Act of 1936 is amended

21 by changing Sections 11.1, 26c, 29, 32b.1, and 32e as follows:

22  (70 ILCS 2805/11.1) (from Ch. 42, par. 422.1)

23  Sec. 11.1. All bonds issued pursuant to this Act shall

24 bear interest at a rate or rates not exceeding that permitted
   SB2394 Enrolled  - 1241 - LRB104 09208 AMC 19265 b

1 by the Bond Authorization Act "An Act to authorize public
2 corporations to issue bonds, other evidences of indebtedness
3 and tax anticipation warrants subject to interest rate
4 limitations set forth therein", approved May 26, 1970, as
5 amended.
6 (Source: P.A. 83-591; revised 7-22-24.)

7  (70 ILCS 2805/26c) (from Ch. 42, par. 437c)

8  Sec. 26c. The trustees of any district, having been

9 authorized by an election held pursuant to the preceding

10 section, being desirous of exercising such authority, shall

11 have an estimate made of the cost of the acquisition of the

12 contemplated drainage system, and by ordinance shall provide

13 for the issuance of revenue bonds. The ordinance shall set

14 forth a brief description of the contemplated drainage system,

15 the estimated cost of acquisition or construction thereof, the

16 amount, rate of interest, time and place of payment, and other

17 details in connection with the issuance of the bonds. The

18 bonds shall bear interest at a rate not exceeding that

19 permitted by the Bond Authorization Act "An Act to authorize

20 public corporations to issue bonds, other evidences of

21 indebtedness and tax anticipation warrants subject to interest

22 rate limitations set forth therein", approved May 26, 1970, as

23 amended, payable semiannually, and shall be payable at such

24 times and places not exceeding 20 years from their date as

25 shall be prescribed in the ordinance providing for their
    SB2394 Enrolled  - 1242 - LRB104 09208 AMC 19265 b

1 issuance.

2   This ordinance may contain such covenants and restrictions

3 upon the issuance of additional revenue bonds thereafter as

4 may be deemed necessary or advisable for the assurance of

5 payment of the bonds thereby authorized and as may be

6 thereafter issued, and shall pledge the revenues derived from

7 the operation of the drainage system for the purpose of paying

8 all maintenance and operation costs, principal, and interest

9 on all bonds issued under the provisions of this Act, and for

10 providing an adequate depreciation fund, which depreciation

11 fund is hereby defined for the purposes of this Act to be for

12 such replacements as may be necessary from time to time for the

13 continued effective and efficient operation of the drainage

14 system properties of such district, and such fund shall not be

15 allowed to accumulate beyond a reasonable amount necessary for

16 that purpose, the terms and provisions of which shall be

17 incorporated in the ordinance authorizing the issuance of the

18 bonds.

19 (Source: P.A. 83-591; revised 7-22-24.)

20  (70 ILCS 2805/29) (from Ch. 42, par. 440)

21  Sec. 29. When any special assessment is made under this

22 Act, the ordinance authorizing such assessment may provide

23 that the entire assessment and each individual assessment be

24 divided into annual installments, not more than 20 twenty in

25 number. In all cases such division shall be made so that all
    SB2394 Enrolled  - 1243 - LRB104 09208 AMC 19265 b

 1 installments shall be equal in amount, except that all
 2 fractional amounts shall be added to the first installment so
 3 as to leave the remaining installments of the aggregate equal
 4 in amount and each a multiple of $100 one hundred dollars. The
 5 said several installments shall bear interest at a rate not to
 6 exceed that permitted for public corporation bonds under the
 7 Bond Authorization Act "An Act to authorize public
 8 corporations to issue bonds, other evidences of indebtedness
 9 and tax anticipation warrants subject to interest rate
10 limitations set forth therein", approved May 26, 1970, as now
11 or hereafter amended, except that for the purposes of this
12 Section, "the time the contract is made" shall mean the date of
13 adoption of the original ordinance authorizing the assessment;
14 both principal and interest shall be payable, collected and
15 enforced as they shall become due in the manner provided for
16 the levy, payment, collection and enforcement of such
17 assessments and interest, as provided in Division 2 of Article
18 9 of the "Illinois Municipal Code", approved May 29, 1961, as
19 heretofore and hereafter amended.
20 (Source: P.A. 83-1525; revised 7-22-24.)

21  (70 ILCS 2805/32b.1) (from Ch. 42, par. 443b.1)

22  Sec. 32b.1. The board of trustees of any sanitary district

23 created hereunder, after receiving a petition in writing,

24 signed by not less than 50% of the legal voters and not less

25 than 50% of the record owners of land in any contiguous
    SB2394 Enrolled  - 1244 - LRB104 09208 AMC 19265 b

1 territory situated within such sanitary district, shall have

2 the power, by the issuance of revenue bonds, or by special

3 assessment, as determined by ordinance of the board of

4 trustees, to purchase or construct waterworks within such

5 contiguous territory and thereafter operate, maintain,

6 improve, and extend such waterworks as defined in this Act.

7 Such petition, when submitted to the board of trustees, shall

8 contain an estimate of the cost of the purchase or

9 construction of such waterworks. The ordinance to provide for

10 the purchase or construction of such waterworks shall be

11 adopted only by a vote of a majority of the members of the

12 board of trustees. Such ordinance shall contain an accurate

13 description of the territory which will be affected by the

14 purchase or construction of the waterworks, and the costs of

15 such purchase, construction, improvement, or extension shall

16 be paid solely by the issuance and sale of revenue bonds of the

17 district secured by and payable solely from the revenue to be

18 derived from the operation of such waterworks, or by special

19 assessment, as the case may be.

20  Revenue bonds provided for in this Section may be issued

21 in such amounts as may be necessary to provide sufficient

22 funds to pay all costs of purchasing or constructing such

23 waterworks, including engineering, legal, and other expenses.

24 Such bonds shall bear interest at a rate not exceeding the rate

25 permitted by the Bond Authorization Act "An Act to authorize

26 public corporations to issue bonds, other evidences of
SB2394 Enrolled  - 1245 - LRB104 09208 AMC 19265 b

 1 indebtedness and tax anticipation warrants subject to interest
 2 rate limitations set forth therein", approved May 26, 1970, as
 3 amended, payable semi-annually, and shall be payable at such
 4 times and places not exceeding 30 years from their date as
 5 shall be prescribed in the ordinance providing for their
 6 issuance. However, if the board of trustees determines by
 7 ordinance that the purchase and construction of such
 8 waterworks is to be secured and paid by special assessment,
 9 then the proceedings for making, levying, collecting, and
10 enforcing any special assessment levied hereunder, the letting
11 of contracts, the issuance of special assessment bonds, the
12 performance of the work, and all other matters required or
13 pertaining to the purchase or construction and making of the
14 improvements or extensions shall be as provided in Division 2
15 of Article 9 of the Illinois Municipal Code, as heretofore and
16 hereafter amended. Whenever in said Division 2 the words "city
17 council" or the words "board of local improvements" are used,
18 the same shall apply to the board of trustees constituted by
19 this Act, and the word "mayor" or "president of the board of
20 local improvement" shall apply to the president of the board
21 of trustees constituted by this Act, and the words applying to
22 the city or its officers in that Article shall be held to apply
23 to the sanitary district created under this Act and its
24 officers.
25 (Source: P.A. 83-673; revised 7-22-24.)
    SB2394 Enrolled  - 1246 - LRB104 09208 AMC 19265 b

1   (70 ILCS 2805/32e) (from Ch. 42, par. 443e)

2   Sec. 32e. The trustees of any district, having been

3 authorized by an election held pursuant to Section 32d, and

4 being desirous of exercising such authority, shall have an

5 estimate made of the cost of the acquisition or construction

6 of the contemplated waterworks, and by ordinance shall provide

7 for the method of financing such acquisition or construction.

8 The ordinance shall set forth a brief description of the

9 contemplated waterworks, the estimated cost of acquisition or

10 construction thereof, the method of financing such acquisition

11 or construction, the amount, rate of interest, time and place

12 of payment, and other details in connection with the issuance

13 of any bonds necessary therefor. If all or part of such

14 financing is to be by issuance of revenue bonds, such bonds

15 shall bear interest at not exceeding the rate permitted by the

16 Bond Authorization Act "An Act to authorize public

17 corporations to issue bonds, other evidences of indebtedness

18 and tax anticipation warrants subject to interest rate

19 limitations set forth therein", approved May 26, 1970, as

20 amended, payable semi-annually, and shall be payable at such

21 times and places not exceeding 30 years from their date as

22 shall be prescribed in the ordinance providing for their

23 issuance.

24  This ordinance may contain such covenants and restrictions

25 upon the issuance of additional revenue bonds thereafter as

26 may be deemed necessary or advisable for the assurance of
    SB2394 Enrolled  - 1247 - LRB104 09208 AMC 19265 b

 1 payment of the bonds thereby authorized and as may be
 2 thereafter issued, and shall pledge the revenues derived from
 3 the operation of the waterworks for the purpose of paying all
 4 maintenance and operation costs, principal and interest on all
 5 bonds issued under the provisions of this Act, and for
 6 providing an adequate depreciation fund, which depreciation
 7 fund is hereby defined for the purposes of this Act to be for
 8 such replacements as may be necessary from time to time for the
 9 continued effective and efficient operation of the waterworks
10 properties of such district, and such fund shall not be
11 allowed to accumulate beyond a reasonable amount necessary for
12 that purpose, the terms and provisions of which shall be
13 incorporated in the ordinance authorizing the issuance of the
14 revenue bonds.
15 (Source: P.A. 83-591; revised 7-18-24.)

16  Section 580. The Sanitary District Refunding Bond Act is

17 amended by changing Section 1 as follows:

18  (70 ILCS 3005/1) (from Ch. 42, par. 298.1)

19  Sec. 1. The corporate authorities of any sanitary

20 district, without submitting the question to the electors

21 thereof for approval, may authorize by ordinance the issuance

22 of refunding bonds (1) to refund its bonds prior to their

23 maturity; (2) to refund its unpaid matured bonds; (3) to

24 refund matured coupons evidencing interest upon its unpaid
    SB2394 Enrolled  - 1248 - LRB104 09208 AMC 19265 b

1 bonds; (4) to refund interest at the coupon rate upon its

2 unpaid matured bonds that has accrued since the maturity of

3 those bonds; and (5) to refund its bonds which by their terms

4 are subject to redemption before maturity.

5   The refunding bonds may be made registerable as to

6 principal and may bear interest at a rate of not to exceed that

7 permitted by the Bond Authorization Act "An Act to authorize

8 public corporations to issue bonds, other evidences of

9 indebtedness and tax anticipation warrants subject to interest

10 rate limitations set forth therein", approved May 26, 1970, as

11 amended, payable at such time and place as may be provided in

12 the bond ordinance. The refunding bonds shall remain valid

13 even though one or more of the officers executing the bonds

14 ceases to hold his or their offices before the bonds are

15 delivered.

16 (Source: P.A. 83-591; revised 7-18-24.)

17  Section 585. The Sanitary District Revenue Bond Act is

18 amended by changing Section 2a as follows:

19  (70 ILCS 3010/2a) (from Ch. 42, par. 319.2a)

20  Sec. 2a. Every sanitary district has the power to

21 construct or acquire, and to improve, extend, and operate a

22 sewerage system. Any sanitary district that owns and operates

23 or that may hereafter own and operate a sewerage system also

24 has the power, when determined by its board of trustees to be
    SB2394 Enrolled  - 1249 - LRB104 09208 AMC 19265 b

1 in the public interest and necessary for the protection of the

2 public health, to enter into and perform contracts, whether

3 long-term or short-term, with any industrial establishment for

4 the provision and operation by the sanitary district of

5 sewerage facilities to abate or reduce the pollution of water

6 caused by discharges of industrial wastes by the industrial

7 establishment and the payment periodically by the industrial

8 establishment to the sanitary district of amounts at least

9 sufficient, in the determination of such board of trustees, to

10 compensate the sanitary district for the cost of providing

11 (including payment of principal and interest charges, if any),

12 and of operating and maintaining the sewerage facilities

13 serving such industrial establishment.

14  Every sanitary district has the power to borrow money from

15 the Reconstruction Finance Corporation, the Public Works

16 Administration, or from any other source, for the purpose of

17 improving or extending or for the purpose of constructing or

18 acquiring and improving and extending a sewerage system and as

19 evidence thereof, to issue its revenue bonds, payable solely

20 from the revenue derived from the operation of the sewerage

21 system by that sanitary district. These bonds may be issued

22 for maturities not exceeding forty years from the date of the

23 bonds, and in such amounts as may be necessary to provide

24 sufficient funds to pay all the costs of the improvement or

25 extension or construction or acquisition and improvement and

26 extension of the sewerage system, including engineering, legal
    SB2394 Enrolled  - 1250 - LRB104 09208 AMC 19265 b

 1 and other expenses, together with interest, to a date six
 2 months subsequent to the estimated date of completion. These
 3 bonds shall bear interest at a rate not exceeding that
 4 permitted by the Bond Authorization Act "An Act to authorize
 5 public corporations to issue bonds, other evidences of
 6 indebtedness and tax anticipation warrants subject to interest
 7 rate limitations set forth therein", approved May 26, 1970, as
 8 amended, payable semiannually. Bonds issued under this Act are
 9 negotiable instruments. They shall be executed by the
10 presiding officer and clerk of the sanitary district and shall
11 be sealed with the sanitary district's corporate seal. In case
12 any officer whose signature appears on the bonds or coupons
13 ceases to hold that office before the bonds are delivered, his
14 signature, nevertheless, shall be valid and sufficient for all
15 purposes, the same as though he had remained in office until
16 the bonds were delivered. The bonds shall be sold in such
17 manner and upon such terms as the board of trustees shall
18 determine.
19 (Source: P.A. 83-591; revised 7-18-24.)

20  Section 590. The Sanitary Districts Corporate Notes Act is

21 amended by changing Section 1 as follows:

22  (70 ILCS 3015/1) (from Ch. 42, par. 319.31)

23  Sec. 1. Any sanitary district, including the district

24 organized under the Metropolitan Water Reclamation District
    SB2394 Enrolled  - 1251 - LRB104 09208 AMC 19265 b

1 Act "An Act to create sanitary districts and to remove

2 obstructions in Illinois and Des Plaines Rivers", approved May

3 29, 1889, as amended, is authorized to issue from time to time

4 general obligation corporate notes in an amount not to exceed

5 85% of the corporate taxes levied for the year during which

6 said notes are issued, provided no such notes shall be issued

7 at any time there are tax anticipation warrants outstanding

8 against the corporate tax levied for the year during which

9 such notes are issued. Such notes shall mature within two

10 years from date and shall bear interest at a rate per annum not

11 exceeding the maximum rate authorized by the Bond

12 Authorization Act "An Act to authorize public corporations to

13 issue bonds, other evidences of indebtedness and tax

14 anticipation warrants subject to interest rate limitations set

15 forth therein", approved May 26, 1970, as now or hereafter

16 amended.

17  In order to authorize and issue such notes, the corporate

18 authorities shall adopt an ordinance fixing the amount of

19 notes, the date thereof, the form thereof, the maturity

20 thereof, terms of redemption prior to maturity, rate of

21 interest thereon, place of payment and denomination, which

22 shall be in multiples of $1,000, and provide for the levy and

23 collection of a direct annual tax upon all the taxable

24 property in the sanitary district sufficient to pay the

25 principal of and interest on such notes to maturity. Upon the

26 filing in the office of the county clerk County Clerk of the
    SB2394 Enrolled  - 1252 - LRB104 09208 AMC 19265 b

1 county in which the sanitary district is located of a

2 certified copy of such ordinance, it shall be the duty of the

3 county clerk County Clerk to extend the tax therefor in

4 addition to and in excess of all other taxes heretofore or

5 hereafter authorized to be levied by such sanitary district.

6   The corporate authorities may sell such notes at private

7 or public sale and enter into any contract or agreement

8 necessary, appropriate, or incidental to the exercise of the

9 powers granted by this Act, including, without limitation,

10 contracts or agreements for the sale and purchase of such

11 notes and the payment of costs and expenses incident thereto.

12 The corporate authorities may pay such costs and expenses, in

13 whole or in part, from the corporate fund.

14  From and after such notes have been issued as provided for

15 by this Act, while such notes are outstanding, it shall be the

16 duty of the county clerk County Clerk in computing the tax rate

17 for corporate purposes of any such district to reduce the rate

18 for corporate purposes by the amount levied to pay the

19 principal of and interest on the notes authorized by this Act;

20 provided the tax rate shall not be reduced beyond the amount

21 necessary to reimburse any money borrowed from the working

22 cash fund, and it shall be the duty of the clerk Clerk of the

23 sanitary district annually, not less than thirty days prior to

24 the tax extension date, to certify to the county clerk County

25 Clerk the amount of money borrowed from the working cash fund

26 to be reimbursed from the corporate tax levy.
    SB2394 Enrolled    - 1253 - LRB104 09208 AMC 19265 b

1   No reimbursement shall be made to the working cash fund

2 until there has been accumulated from the tax levy provided

3 for the notes, an amount sufficient to pay the principal of and

4 interest on such notes to maturity.

5 (Source: P.A. 82-976; revised 7-18-24.)

6   Section 595. The Solid Waste Disposal District Act is

7 amended by changing Section 20 as follows:

8   (70 ILCS 3105/20) (from Ch. 85, par. 1670)

9   Sec. 20. Whenever a district does not have sufficient

10 money in its treasury to meet all necessary expenses and

11 liabilities thereof, it may issue tax anticipation warrants.

12 Such issue of tax anticipation warrants shall be subject to

13 the provisions of Section 2 of the Warrants and Jurors

14 Certificates Act "An Act to provide for the manner of issuing

15 warrants upon the treasurer of the State or of any county,

16 township, or other municipal corporation or quasi municipal

17 corporation, or of any farm drainage district, river district,

18 drainage and levee district, fire protection district and

19 jurors' certificates", approved June 27, 1913, as now and

20 hereafter amended.

21 (Source: P.A. 76-1204; revised 7-17-24.)

22  Section 600. The Illinois Sports Facilities Authority Act

23 is amended by changing Section 13 as follows:
    SB2394 Enrolled  - 1254 - LRB104 09208 AMC 19265 b

1   (70 ILCS 3205/13) (from Ch. 85, par. 6013)

2   Sec. 13. Bonds and notes.

3   (A) (1) The Authority may at any time and from time to time

4 issue bonds and notes for any corporate purpose, including the

5 establishment of reserves and the payment of interest and

6 costs of issuance. In this Act, the term "bonds" includes

7 notes of any kind, interim certificates, refunding bonds, or

8 any other evidence of obligation for borrowed money issued

9 under this Section 13. Bonds may be issued in one or more

10 series and may be payable and secured either on a parity with

11 or separately from other bonds.

12  (2) The bonds of any issue shall be payable solely from all

13 or any part of the property or revenues of the Authority,

14 including, without limitation:

15  (i) Rents, rates, fees, charges, or other revenues

16  payable to or any receipts of the Authority, including

17  amounts which are deposited pursuant to the Act with a

18  trustee for bondholders;

19  (ii) Payments by financial institutions, insurance

20  companies, or others pursuant to letters or lines of

21  credit, policies of insurance, or purchase agreements;

22  (iii) Investment earnings from funds or accounts

23  maintained pursuant to a bond resolution or trust

24  agreement; and

25  (iv) Proceeds of refunding bonds.
    SB2394 Enrolled         - 1255 - LRB104 09208 AMC 19265 b

1   (3) Bonds may be authorized by a resolution of the

2 Authority and may be secured by a trust agreement by and

3 between the Authority and a corporate trustee or trustees,

4 which may be any trust company or bank having the powers of a

5 trust company within or without the State. Bonds may:

6   (i) Mature at a time or times, whether as serial bonds

7   or as term bonds or both, not exceeding 40 years from their

8   respective dates of issue;

9   (ii) Notwithstanding the provisions provision of the

10  Bond Authorization Act "An Act to authorize public

11  corporations to issue bonds, other evidences of

12  indebtedness and tax anticipation warrants subject to

13  interest rate limitations set forth therein", approved May

14  26, 1970, as now or hereafter amended, or any other

15  provision of law, bear interest at any fixed or variable

16  rate or rates determined by the method provided in the

17  resolution or trust agreement;

18  (iii) Be payable at a time or times, in the

19  denominations and form, either coupon or registered or

20  both, and carry the registration and privileges as to

21  exchange, transfer, or conversion and for the replacement

22  of mutilated, lost, or destroyed bonds as the resolution

23  or trust agreement may provide;

24  (iv) Be payable in lawful money of the United States

25  at a designated place;

26  (v) Be subject to the terms of purchase, payment,
    SB2394 Enrolled             - 1256 - LRB104 09208 AMC 19265 b

1   redemption, refunding, or refinancing that the resolution

2   or trust agreement provides;

3   (vi) Be executed by the manual or facsimile signatures

4   of the officers of the Authority designated by the

5   Authority which signatures shall be valid at delivery even

6   for one who has ceased to hold office; and

7   (vii) Be sold in the manner and upon the terms

8   determined by the Authority.

9   (B) Any resolution or trust agreement may contain

10 provisions which shall be a part of the contract with the

11 holders of the bonds as to:

12  (1) Pledging, assigning, or directing the use,

13  investment, or disposition of all or any part of the

14  revenues of the Authority or proceeds or benefits of any

15  contract, including, without limit, any management

16  agreement or assistance agreement and conveying or

17  otherwise securing any property or property rights;

18  (2) The setting aside of loan funding deposits, debt

19  service reserves, capitalized interest accounts,

20  replacement or operating reserves, cost of issuance

21  accounts and sinking funds, and the regulation,

22  investment, and disposition thereof;

23  (3) Limitations on the purposes to which or the

24  investments in which the proceeds of sale of any issue of

25  bonds or the Authority's revenues and receipts may be

26  applied or made;
    SB2394 Enrolled        - 1257 - LRB104 09208 AMC 19265 b

1   (4) Limitations on the issue of additional bonds, the

2   terms upon which additional bonds may be issued and

3   secured, the terms upon which additional bonds may rank on

4   a parity with, or be subordinate or superior to, other

5   bonds;

6   (5) The refunding, advance refunding, or refinancing

7   of outstanding bonds;

8   (6) The procedure, if any, by which the terms of any

9   contract with bondholders may be altered or amended and

10  the amount of bonds and holders of which must consent

11  thereto, and the manner in which consent shall be given;

12  (7) Defining the acts or omissions which shall

13  constitute a default in the duties of the Authority to

14  holders of bonds and providing the rights or remedies of

15  such holders in the event of a default which may include

16  provisions restricting individual right of action by

17  bondholders;

18  (8) Providing for guarantees, pledges of property,

19  letters of credit, or other security, or insurance for the

20  benefit of bondholders; and

21  (9) Any other matter relating to the bonds which the

22  Authority determines appropriate.

23  (C) No member of the Authority nor any person executing

24 the bonds shall be liable personally on the bonds or subject to

25 any personal liability by reason of the issuance of the bonds.

26  (D) The Authority may enter into agreements with agents,
    SB2394 Enrolled            - 1258 - LRB104 09208 AMC 19265 b

1 banks, insurers, or others for the purpose of enhancing the

2 marketability of or security for its bonds.

3   (E)(1) A pledge by the Authority of revenues and receipts

4 as security for an issue of bonds or for the performance of its

5 obligations under any management agreement or assistance

6 agreement shall be valid and binding from the time when the

7 pledge is made.

8   (2) The revenues and receipts pledged shall immediately be

9 subject to the lien of the pledge without any physical

10 delivery or further act, and the lien of any pledge shall be

11 valid and binding against any person having any claim of any

12 kind in tort, contract, or otherwise against the Authority,

13 irrespective of whether the person has notice.

14  (3) No resolution, trust agreement, management agreement,

15 or assistance agreement or any financing statement,

16 continuation statement, or other instrument adopted or entered

17 into by the Authority need be filed or recorded in any public

18 record other than the records of the Authority in order to

19 perfect the lien against third persons, regardless of any

20 contrary provision of law.

21  (F) The Authority may issue bonds to refund, advance

22 refund, or refinance any of its bonds then outstanding,

23 including the payment of any redemption premium and any

24 interest accrued or to accrue to the earliest or any

25 subsequent date of redemption, purchase, or maturity of the

26 bonds. Refunding or advance refunding bonds may be issued for
    SB2394 Enrolled  - 1259 - LRB104 09208 AMC 19265 b

1 the public purposes of realizing savings in the effective

2 costs of debt service, directly or through a debt

3 restructuring, for alleviating impending or actual default, or

4 for paying principal of, redemption premium, if any, and

5 interest on bonds as they mature or are subject to redemption,

6 and may be issued in one or more series in an amount in excess

7 of that of the bonds to be refunded.

8   (G) At no time shall the total outstanding bonds and notes

9 of the Authority issued under this Section 13 exceed (i)

10 $150,000,000 in connection with facilities owned by the

11 Authority or in connection with other authorized corporate

12 purposes of the Authority and (ii) $399,000,000 in connection

13 with facilities owned by a governmental owner other than the

14 Authority; however, the limit on the total outstanding bond

15 and notes set forth in this sentence shall not apply to any

16 refunding or restructuring bonds issued by the Authority on

17 and after June 17, 2021 (the effective date of Public Act

18 102-16) this amendatory Act of the 102nd General Assembly but

19 prior to December 31, 2024. Bonds which are being paid or

20 retired by issuance, sale, or delivery of bonds or notes, and

21 bonds or notes for which sufficient funds have been deposited

22 with the paying agent or trustee to provide for payment of

23 principal and interest thereon, and any redemption premium, as

24 provided in the authorizing resolution, shall not be

25 considered outstanding for the purposes of this paragraph.

26  (H) The bonds and notes of the Authority shall not be
    SB2394 Enrolled  - 1260 - LRB104 09208 AMC 19265 b

1 indebtedness of the City of Chicago, of the State, or of any

2 political subdivision of the State other than the Authority.

3 The bonds and notes of the Authority are not general

4 obligations of the State of Illinois or the City of Chicago, or

5 of any other political subdivision of the State other than the

6 Authority, and are not secured by a pledge of the full faith

7 and credit of the State of Illinois or the City of Chicago, or

8 of any other political subdivision of the State other than the

9 Authority, and the holders of bonds and notes of the Authority

10 may not require the levy or imposition by the State or the City

11 of Chicago, or any other political subdivision of the State

12 other than the Authority, of any taxes or, except as provided

13 in this Act, the application of revenues or funds of the State

14 of Illinois or the City of Chicago or any other political

15 subdivision of the State other than the Authority to the

16 payment of bonds and notes of the Authority.

17  (I) In order to provide for the payment of debt service

18 requirements (including amounts for reserve funds and to pay

19 the costs of credit enhancements) on bonds issued pursuant to

20 this Act, the Authority may provide in any trust agreement

21 securing such bonds for a pledge and assignment of its right to

22 all amounts to be received from the Illinois Sports Facilities

23 Fund and for a pledge and assignment (subject to the terms of

24 any management agreement or assistance agreement) of all taxes

25 and other amounts to be received under Section 19 of this Act

26 and may further provide by written notice to the State
   SB2394 Enrolled  - 1261 - LRB104 09208 AMC 19265 b

1 Treasurer and State Comptroller (which notice shall constitute

2 a direction to those officers) for a direct payment of these

3 amounts to the trustee for its bondholders.

4  (J) The State of Illinois pledges to and agrees with the

5 holders of the bonds and notes of the Authority issued

6 pursuant to this Act that the State will not limit or alter the

7 rights and powers vested in the Authority by this Act so as to

8 impair the terms of any contract made by the Authority with

9 such holders or in any way impair the rights and remedies of

10 such holders until such bonds and notes, together with

11 interest thereon, with interest on any unpaid installments of

12 interest, and all costs and expenses in connection with any

13 action or proceedings by or on behalf of such holders, are

14 fully met and discharged. In addition, the State pledges to

15 and agrees with the holders of the bonds and notes of the

16 Authority issued pursuant to this Act that the State will not

17 limit or alter the basis on which State funds are to be

18 allocated, deposited and paid to the Authority as provided in

19 this Act, or the use of such funds, so as to impair the terms

20 of any such contract. The Authority is authorized to include

21 these pledges and agreements of the State in any contract with

22 the holders of bonds or notes issued pursuant to this Section.

23 Nothing in Public Act 102-16 this amendatory Act of the 102nd

24 General Assembly is intended to limit or alter the rights and

25 powers of the Authority so as to impair the terms of any

26 contract made by the Authority with the holders of the bonds
    SB2394 Enrolled     - 1262 - LRB104 09208 AMC 19265 b

1 and notes of the Authority issued pursuant to this Act.
2 (Source: P.A. 102-16, eff. 6-17-21; revised 7-25-24.)

3   Section 605. The Downstate Illinois Sports Facilities

4 Authority Act is amended by changing Section 100 as follows:

5   (70 ILCS 3210/100)

6   Sec. 100. Bonds and notes.

7   (a) (1) The Authority may at any time and from time to time

8 issue bonds and notes for any corporate purpose, including the

9 establishment of reserves and the payment of interest and

10 costs of issuance. In this Act, the term "bonds" includes

11 notes of any kind, interim certificates, refunding bonds, or

12 any other evidence of obligation for borrowed money issued

13 under this Section 100. Bonds may be issued in one or more

14 series and may be payable and secured either on a parity with

15 or separately from other bonds.

16  (2) The bonds of any issue shall be payable solely from all

17 or any part of the property or revenues of the Authority,

18 including, without limitation:

19  (i) Rents, rates, fees, charges, or other revenues

20  payable to or any receipts of the Authority, including

21  amounts which are deposited pursuant to the Act with a

22  trustee for bondholders;

23  (ii) Payments by financial institutions, insurance

24  companies, or others pursuant to letters or lines of
    SB2394 Enrolled  - 1263 - LRB104 09208 AMC 19265 b

1   credit, policies of insurance, or purchase agreements;

2   (iii) Investment earnings from funds or accounts

3   maintained pursuant to a bond resolution or trust

4   agreement; and

5   (iv) Proceeds of refunding bonds.

6   (3) Bonds may be authorized by a resolution of the

7 Authority and may be secured by a trust agreement by and

8 between the Authority and a corporate trustee or trustees,

9 which may be any trust company or bank having the powers of a

10 trust company within or without the State. Bonds may:

11  (i) Mature at a time or times, whether as serial

12  bonds, as term bonds, or as both, not exceeding 40 years

13  from their respective dates of issue;

14  (ii) Notwithstanding the provisions provision of the

15  Bond Authorization Act "An Act to authorize public

16  corporations to issue bonds, other evidences of

17  indebtedness and tax anticipation warrants subject to

18  interest rate limitations set forth therein", approved May

19  26, 1970, as now or hereafter amended, or any other

20  provision of law, bear interest at any fixed or variable

21  rate or rates determined by the method provided in the

22  resolution or trust agreement;

23  (iii) Be payable at a time or times, in the

24  denominations and form, either coupon, or registered, or

25  both, and carry the registration and privileges as to

26  exchange, transfer or conversion and for the replacement
    SB2394 Enrolled             - 1264 - LRB104 09208 AMC 19265 b

1   of mutilated, lost or destroyed bonds as the resolution or

2   trust agreement may provide;

3   (iv) Be payable in lawful money of the United States

4   at a designated place;

5   (v) Be subject to the terms of purchase, payment,

6   redemption, refunding, or refinancing that the resolution

7   or trust agreement provides;

8   (vi) Be executed by the manual or facsimile signatures

9   of the officers of the Authority designated by the

10  Authority which signatures shall be valid at delivery even

11  for one who has ceased to hold office; and

12  (vii) Be sold in the manner and upon the terms

13  determined by the Authority.

14  (b) Any resolution or trust agreement may contain

15 provisions which shall be part of the contract with the

16 holders of the bonds as to:

17  (1) Pledging, assigning, or directing the use,

18  investment, or disposition of all or any part of the

19  revenues of the Authority or proceeds or benefits of any

20  contract, including, without limit, any management

21  agreement or assistance agreement and conveying or

22  otherwise securing any property or property rights;

23  (2) The setting aside of loan funding deposits, debt

24  service reserves, capitalized interest accounts,

25  replacement or operating reserves, cost of issuance

26  accounts and sinking funds, and the regulation,
    SB2394 Enrolled        - 1265 - LRB104 09208 AMC 19265 b

1   investment, and disposition thereof;

2   (3) Limitations on the purposes to which or the

3   investments in which the proceeds of sale of any issue of

4   bonds or the Authority's revenues and receipts may be

5   applied or made;

6   (4) Limitations on the issue of additional bonds, the

7   terms upon which additional bonds may be issued and

8   secured, the terms upon which additional bonds may rank on

9   a parity with, or be subordinate or superior to, other

10  bonds;

11  (5) The refinancing, advance refunding, or refinancing

12  of outstanding bonds;

13  (6) The procedure, if any, by which the terms of any

14  contract with bondholders may be altered or amended and

15  the amount of bonds and holders of which must consent

16  thereto, and the manner in which consent shall be given;

17  (7) Defining the acts or omissions which shall

18  constitute a default in the duties of the Authority to

19  holders of bonds and providing the rights or remedies of

20  such holders in the event of a default which may include

21  provisions restricting individual right of action by

22  bondholders;

23  (8) Providing for guarantees, pledges of property,

24  letters of credit, or other security, or insurance for the

25  benefit of bondholders; and

26  (9) Any other matter relating to the bonds which the
    SB2394 Enrolled         - 1266 - LRB104 09208 AMC 19265 b

1   Authority determines appropriate.

2   (c) No member of the Authority nor any person executing

3 the bonds shall be liable personally on the bonds or subject to

4 any personal liability by reason of the issuance of the bonds.

5   (d) The Authority may enter into agreements with agents,

6 banks, insurers, or others for the purpose of enhancing the

7 marketability of or security for its bonds.

8   (e) (1) A pledge by the Authority of revenues and receipts

9 as security for an issue of bonds or for the performance of its

10 obligations under any management agreement or assistance

11 agreement shall be valid and binding from the time when the

12 pledge is made.

13  (2) The revenues and receipts pledged shall

14  immediately be subject to the lien of the pledge without

15  any physical delivery or further act, and the lien of any

16  pledge shall be valid and binding against any person

17  having any claim of any kind in tort, contract, or

18  otherwise against the Authority, irrespective of whether

19  the person has notice.

20  (3) No resolution, trust agreement, management

21  agreement, or assistance agreement or any financing

22  statement, continuation statement, or other instrument

23  adopted or entered into by the Authority need be filed or

24  recorded in any public record other than the records of

25  the Authority in order to perfect the lien against third

26  persons, regardless of any contrary provision of law.
    SB2394 Enrolled  - 1267 - LRB104 09208 AMC 19265 b

1   (f) The Authority may issue bonds to refund, advance

2 refund, or refinance any of its bonds then outstanding,

3 including the payment of any redemption premium and any

4 interest accrued or to accrue to the earliest or any

5 subsequent date of redemption, purchase or maturity of the

6 bonds. Refunding or advance refunding bonds may be issued for

7 the public purposes of realizing savings in the effective

8 costs of debt service, directly or through a debt

9 restructuring, for alleviating impending or actual default, or

10 for paying principal of, redemption premium, if any, and

11 interest on bonds as they mature or are subject to redemption,

12 and may be issued in one or more series in an amount in excess

13 of that of the bonds to be refunded.

14  (g) At no time shall the total outstanding bonds and notes

15 of the Authority issued under this Section 100 exceed (i)

16 $40,000,000 in connection with facilities owned by the

17 Authority; and (ii) $40,000,000 in connection with facilities

18 owned by a governmental owner other than the Authority. Bonds

19 which are being paid or retired by issuance, sale, or delivery

20 of bonds or notes, and bonds or notes for which sufficient

21 funds have been deposited with the paying agent or trustee to

22 provide for payment of principal and interest thereon, and any

23 redemption premium, as provided in the authorizing resolution,

24 shall not be considered outstanding for the purposes of this

25 paragraph.

26  (h) The bonds and notes of the Authority shall not be
    SB2394 Enrolled  - 1268 - LRB104 09208 AMC 19265 b

1 indebtedness of the State, or of any political subdivision of

2 the State other than the Authority. The bonds and notes of the

3 Authority are not general obligations of the State of

4 Illinois, or of any other political subdivision of the State

5 other than the Authority, and are not secured by a pledge of

6 the full faith and credit of the State of Illinois, or of any

7 other political subdivision of the State other than the

8 Authority, and the holders of bonds and notes of the Authority

9 may not require the levy or imposition by the State, or any

10 other political subdivision of the State other than the

11 Authority, of any taxes or, except as provided in this Act, the

12 application of revenues or funds of the State of Illinois, or

13 any other political subdivision of the State other than the

14 Authority, to the payment of bonds and notes of the Authority.

15  (i) In order to provide for the payment of debt service

16 requirements (including amounts for reserve funds and to pay

17 the costs of credit enhancements) on bonds issued pursuant to

18 this Act, the Authority may provide in any trust agreement

19 securing such bonds for a pledge and assignment of its right to

20 all amounts to be received from the Illinois Sports Facilities

21 Fund and for a pledge and assignment (subject to the terms of

22 any management agreement or assistance agreement) of all taxes

23 and other amounts to be received under Section 100 of this Act

24 and may further provide written notice to the State Treasurer

25 and State Comptroller (which notice shall constitute a

26 direction to those officers) for a direct payment of these
    SB2394 Enrolled      - 1269 - LRB104 09208 AMC 19265 b

1 amounts to the trustee for its bondholders.

2   (j) The State of Illinois pledges to and agrees with the

3 holders of the bonds and notes of the Authority issued

4 pursuant to this Act that the State will not limit or alter the

5 rights and powers vested in the Authority by this Act so as to

6 impair the terms of any contract made by the Authority with

7 such holders or in any way impair the rights and remedies of

8 such holders until such bonds and notes, together with

9 interest thereon, with interest on any unpaid installments of

10 interest, and all costs and expenses in connection with any

11 action or proceedings by or on behalf of such holders, are

12 fully met and discharged. In addition, the State pledges to

13 and agrees with the holders of the bonds and notes of the

14 Authority issued pursuant to this Act that the State will not

15 limit or alter the basis on which State funds are to be

16 allocated, deposited, and paid to the Authority as provided in

17 this Act, or the use of such funds, so as to impair the terms

18 of any such contract. The Authority is authorized to include

19 these pledges and agreements of the State in any contract with

20 the holders of bonds or notes issued pursuant to this Section.

21 (Source: P.A. 93-227, eff. 1-1-04; revised 7-22-24.)

22  Section 610. The Regional Transportation Authority Act is

23 amended by changing Section 4.03 as follows:

24  (70 ILCS 3615/4.03)
    SB2394 Enrolled    - 1270 - LRB104 09208 AMC 19265 b

1   Sec. 4.03. Taxes.

2   (a) In order to carry out any of the powers or purposes of

3 the Authority, the Board may, by ordinance adopted with the

4 concurrence of 12 of the then Directors, impose throughout the

5 metropolitan region any or all of the taxes provided in this

6 Section. Except as otherwise provided in this Act, taxes

7 imposed under this Section and civil penalties imposed

8 incident thereto shall be collected and enforced by the State

9 Department of Revenue. The Department shall have the power to

10 administer and enforce the taxes and to determine all rights

11 for refunds for erroneous payments of the taxes. Nothing in

12 Public Act 95-708 is intended to invalidate any taxes

13 currently imposed by the Authority. The increased vote

14 requirements to impose a tax shall only apply to actions taken

15 after January 1, 2008 (the effective date of Public Act

16 95-708).

17  (b) The Board may impose a public transportation tax upon

18 all persons engaged in the metropolitan region in the business

19 of selling at retail motor fuel for operation of motor

20 vehicles upon public highways. The tax shall be at a rate not

21 to exceed 5% of the gross receipts from the sales of motor fuel

22 in the course of the business. As used in this Act, the term

23 "motor fuel" shall have the same meaning as in the Motor Fuel

24 Tax Law. The Board may provide for details of the tax. The

25 provisions of any tax shall conform, as closely as may be

26 practicable, to the provisions of the Municipal Retailers
    SB2394 Enrolled     - 1271 - LRB104 09208 AMC 19265 b

1 Occupation Tax Act, including, without limitation, conformity

2 to penalties with respect to the tax imposed and as to the

3 powers of the State Department of Revenue to promulgate and

4 enforce rules and regulations relating to the administration

5 and enforcement of the provisions of the tax imposed, except

6 that reference in the Act to any municipality shall refer to

7 the Authority and the tax shall be imposed only with regard to

8 receipts from sales of motor fuel in the metropolitan region,

9 at rates as limited by this Section.

10  (c) In connection with the tax imposed under paragraph (b)

11 of this Section, the Board may impose a tax upon the privilege

12 of using in the metropolitan region motor fuel for the

13 operation of a motor vehicle upon public highways, the tax to

14 be at a rate not in excess of the rate of tax imposed under

15 paragraph (b) of this Section. The Board may provide for

16 details of the tax.

17  (d) The Board may impose a motor vehicle parking tax upon

18 the privilege of parking motor vehicles at off-street parking

19 facilities in the metropolitan region at which a fee is

20 charged, and may provide for reasonable classifications in and

21 exemptions to the tax, for administration and enforcement

22 thereof and for civil penalties and refunds thereunder and may

23 provide criminal penalties thereunder, the maximum penalties

24 not to exceed the maximum criminal penalties provided in the

25 Retailers' Occupation Tax Act. The Authority may collect and

26 enforce the tax itself or by contract with any unit of local
    SB2394 Enrolled  - 1272 - LRB104 09208 AMC 19265 b

1 government. The State Department of Revenue shall have no

2 responsibility for the collection and enforcement unless the

3 Department agrees with the Authority to undertake the

4 collection and enforcement. As used in this paragraph, the

5 term "parking facility" means a parking area or structure

6 having parking spaces for more than 2 vehicles at which motor

7 vehicles are permitted to park in return for an hourly, daily,

8 or other periodic fee, whether publicly or privately owned,

9 but does not include parking spaces on a public street, the use

10 of which is regulated by parking meters.

11  (e) The Board may impose a Regional Transportation

12 Authority Retailers' Occupation Tax upon all persons engaged

13 in the business of selling tangible personal property at

14 retail in the metropolitan region. In Cook County, the tax

15 rate shall be 1.25% of the gross receipts from sales of food

16 for human consumption that is to be consumed off the premises

17 where it is sold (other than alcoholic beverages, food

18 consisting of or infused with adult use cannabis, soft drinks,

19 candy, and food that has been prepared for immediate

20 consumption) and tangible personal property taxed at the 1%

21 rate under the Retailers' Occupation Tax Act, and 1% of the

22 gross receipts from other taxable sales made in the course of

23 that business. In DuPage, Kane, Lake, McHenry, and Will

24 counties, the tax rate shall be 0.75% of the gross receipts

25 from all taxable sales made in the course of that business. The

26 rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will
SB2394 Enrolled  - 1273 - LRB104 09208 AMC 19265 b

 1 counties under this Section on sales of aviation fuel on or
 2 after December 1, 2019 shall, however, be 0.25% unless the
 3 Regional Transportation Authority in DuPage, Kane, Lake,
 4 McHenry, and Will counties has an "airport-related purpose"
 5 and the additional 0.50% of the 0.75% tax on aviation fuel is
 6 expended for airport-related purposes. If there is no
 7 airport-related purpose to which aviation fuel tax revenue is
 8 dedicated, then aviation fuel is excluded from the additional
 9 0.50% of the 0.75% tax. The tax imposed under this Section and
10 all civil penalties that may be assessed as an incident
11 thereof shall be collected and enforced by the State
12 Department of Revenue. The Department shall have full power to
13 administer and enforce this Section; to collect all taxes and
14 penalties so collected in the manner hereinafter provided; and
15 to determine all rights to credit memoranda arising on account
16 of the erroneous payment of tax or penalty hereunder. In the
17 administration of, and compliance with this Section, the
18 Department and persons who are subject to this Section shall
19 have the same rights, remedies, privileges, immunities,
20 powers, and duties, and be subject to the same conditions,
21 restrictions, limitations, penalties, exclusions, exemptions,
22 and definitions of terms, and employ the same modes of
23 procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
24 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
25 therein other than the State rate of tax), 2c, 3 (except as to
26 the disposition of taxes and penalties collected, and except
    SB2394 Enrolled  - 1274 - LRB104 09208 AMC 19265 b

1 that the retailer's discount is not allowed for taxes paid on

2 aviation fuel that are subject to the revenue use requirements

3 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

4 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

5 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and

6 Section 3-7 of the Uniform Penalty and Interest Act, as fully

7 as if those provisions were set forth herein.

8   The Board and DuPage, Kane, Lake, McHenry, and Will

9 counties must comply with the certification requirements for

10 airport-related purposes under Section 2-22 of the Retailers'

11 Occupation Tax Act. For purposes of this Section,

12 "airport-related purposes" has the meaning ascribed in Section

13 6z-20.2 of the State Finance Act. This exclusion for aviation

14 fuel only applies for so long as the revenue use requirements

15 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

16 Authority.

17  Persons subject to any tax imposed under the authority

18 granted in this Section may reimburse themselves for their

19 seller's tax liability hereunder by separately stating the tax

20 as an additional charge, which charge may be stated in

21 combination in a single amount with State taxes that sellers

22 are required to collect under the Use Tax Act, under any

23 bracket schedules the Department may prescribe.

24  Whenever the Department determines that a refund should be

25 made under this Section to a claimant instead of issuing a

26 credit memorandum, the Department shall notify the State
    SB2394 Enrolled            - 1275 - LRB104 09208 AMC 19265 b

1 Comptroller, who shall cause the warrant to be drawn for the

2 amount specified, and to the person named, in the notification

3 from the Department. The refund shall be paid by the State

4 Treasurer out of the Regional Transportation Authority tax

5 fund established under paragraph (n) of this Section or the

6 Local Government Aviation Trust Fund, as appropriate.

7   If a tax is imposed under this subsection (e), a tax shall

8 also be imposed under subsections (f) and (g) of this Section.

9   For the purpose of determining whether a tax authorized

10 under this Section is applicable, a retail sale by a producer

11 of coal or other mineral mined in Illinois, is a sale at retail

12 at the place where the coal or other mineral mined in Illinois

13 is extracted from the earth. This paragraph does not apply to

14 coal or other mineral when it is delivered or shipped by the

15 seller to the purchaser at a point outside Illinois so that the

16 sale is exempt under the Federal Constitution as a sale in

17 interstate or foreign commerce.

18  No tax shall be imposed or collected under this subsection

19 on the sale of a motor vehicle in this State to a resident of

20 another state if that motor vehicle will not be titled in this

21 State.

22  Nothing in this Section shall be construed to authorize

23 the Regional Transportation Authority to impose a tax upon the

24 privilege of engaging in any business that under the

25 Constitution of the United States may not be made the subject

26 of taxation by this State.
   SB2394 Enrolled  - 1276 - LRB104 09208 AMC 19265 b

1  (f) If a tax has been imposed under paragraph (e), a

2 Regional Transportation Authority Service Occupation Tax shall

3 also be imposed upon all persons engaged, in the metropolitan

4 region in the business of making sales of service, who, as an

5 incident to making the sales of service, transfer tangible

6 personal property within the metropolitan region, either in

7 the form of tangible personal property or in the form of real

8 estate as an incident to a sale of service. In Cook County, the

9 tax rate shall be: (1) 1.25% of the serviceman's cost price of

10 food prepared for immediate consumption and transferred

11 incident to a sale of service subject to the service

12 occupation tax by an entity that is located in the

13 metropolitan region and that is licensed under the Hospital

14 Licensing Act, the Nursing Home Care Act, the Assisted Living

15 and Shared Housing Act, the Specialized Mental Health

16 Rehabilitation Act of 2013, the ID/DD Community Care Act, the

17 MC/DD Act, or the Child Care Act of 1969, or an entity that

18 holds a permit issued pursuant to the Life Care Facilities

19 Act; (2) 1.25% of the selling price of food for human

20 consumption that is to be consumed off the premises where it is

21 sold (other than alcoholic beverages, food consisting of or

22 infused with adult use cannabis, soft drinks, candy, and food

23 that has been prepared for immediate consumption) and tangible

24 personal property taxed at the 1% rate under the Service

25 Occupation Tax Act; and (3) 1% of the selling price from other

26 taxable sales of tangible personal property transferred. In
    SB2394 Enrolled  - 1277 - LRB104 09208 AMC 19265 b

1 DuPage, Kane, Lake, McHenry, and Will counties, the rate shall

2 be 0.75% of the selling price of all tangible personal

3 property transferred. The rate of tax imposed in DuPage, Kane,

4 Lake, McHenry, and Will counties under this Section on sales

5 of aviation fuel on or after December 1, 2019 shall, however,

6 be 0.25% unless the Regional Transportation Authority in

7 DuPage, Kane, Lake, McHenry, and Will counties has an

8 "airport-related purpose" and the additional 0.50% of the

9 0.75% tax on aviation fuel is expended for airport-related

10 purposes. If there is no airport-related purpose to which

11 aviation fuel tax revenue is dedicated, then aviation fuel is

12 excluded from the additional 0.5% of the 0.75% tax.

13  The Board and DuPage, Kane, Lake, McHenry, and Will

14 counties must comply with the certification requirements for

15 airport-related purposes under Section 2-22 of the Retailers'

16 Occupation Tax Act. For purposes of this Section,

17 "airport-related purposes" has the meaning ascribed in Section

18 6z-20.2 of the State Finance Act. This exclusion for aviation

19 fuel only applies for so long as the revenue use requirements

20 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

21 Authority.

22  The tax imposed under this paragraph and all civil

23 penalties that may be assessed as an incident thereof shall be

24 collected and enforced by the State Department of Revenue. The

25 Department shall have full power to administer and enforce

26 this paragraph; to collect all taxes and penalties due
SB2394 Enrolled  - 1278 - LRB104 09208 AMC 19265 b

 1 hereunder; to dispose of taxes and penalties collected in the
 2 manner hereinafter provided; and to determine all rights to
 3 credit memoranda arising on account of the erroneous payment
 4 of tax or penalty hereunder. In the administration of and
 5 compliance with this paragraph, the Department and persons who
 6 are subject to this paragraph shall have the same rights,
 7 remedies, privileges, immunities, powers, and duties, and be
 8 subject to the same conditions, restrictions, limitations,
 9 penalties, exclusions, exemptions, and definitions of terms,
10 and employ the same modes of procedure, as are prescribed in
11 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
12 provisions therein other than the State rate of tax), 4
13 (except that the reference to the State shall be to the
14 Authority), 5, 7, 8 (except that the jurisdiction to which the
15 tax shall be a debt to the extent indicated in that Section 8
16 shall be the Authority), 9 (except as to the disposition of
17 taxes and penalties collected, and except that the returned
18 merchandise credit for this tax may not be taken against any
19 State tax, and except that the retailer's discount is not
20 allowed for taxes paid on aviation fuel that are subject to the
21 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
22 47133), 10, 11, 12 (except the reference therein to Section 2b
23 of the Retailers' Occupation Tax Act), 13 (except that any
24 reference to the State shall mean the Authority), the first
25 paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
26 Occupation Tax Act and Section 3-7 of the Uniform Penalty and
    SB2394 Enrolled  - 1279 - LRB104 09208 AMC 19265 b

1 Interest Act, as fully as if those provisions were set forth

2 herein.

3   Persons subject to any tax imposed under the authority

4 granted in this paragraph may reimburse themselves for their

5 serviceman's tax liability hereunder by separately stating the

6 tax as an additional charge, that charge may be stated in

7 combination in a single amount with State tax that servicemen

8 are authorized to collect under the Service Use Tax Act, under

9 any bracket schedules the Department may prescribe.

10  Whenever the Department determines that a refund should be

11 made under this paragraph to a claimant instead of issuing a

12 credit memorandum, the Department shall notify the State

13 Comptroller, who shall cause the warrant to be drawn for the

14 amount specified, and to the person named in the notification

15 from the Department. The refund shall be paid by the State

16 Treasurer out of the Regional Transportation Authority tax

17 fund established under paragraph (n) of this Section or the

18 Local Government Aviation Trust Fund, as appropriate.

19  Nothing in this paragraph shall be construed to authorize

20 the Authority to impose a tax upon the privilege of engaging in

21 any business that under the Constitution of the United States

22 may not be made the subject of taxation by the State.

23  (g) If a tax has been imposed under paragraph (e), a tax

24 shall also be imposed upon the privilege of using in the

25 metropolitan region, any item of tangible personal property

26 that is purchased outside the metropolitan region at retail
    SB2394 Enrolled        - 1280 - LRB104 09208 AMC 19265 b

1 from a retailer, and that is titled or registered with an

2 agency of this State's government. In Cook County, the tax

3 rate shall be 1% of the selling price of the tangible personal

4 property, as "selling price" is defined in the Use Tax Act. In

5 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate

6 shall be 0.75% of the selling price of the tangible personal

7 property, as "selling price" is defined in the Use Tax Act. The

8 tax shall be collected from persons whose Illinois address for

9 titling or registration purposes is given as being in the

10 metropolitan region. The tax shall be collected by the

11 Department of Revenue for the Regional Transportation

12 Authority. The tax must be paid to the State, or an exemption

13 determination must be obtained from the Department of Revenue,

14 before the title or certificate of registration for the

15 property may be issued. The tax or proof of exemption may be

16 transmitted to the Department by way of the State agency with

17 which, or the State officer with whom, the tangible personal

18 property must be titled or registered if the Department and

19 the State agency or State officer determine that this

20 procedure will expedite the processing of applications for

21 title or registration.

22  The Department shall have full power to administer and

23 enforce this paragraph; to collect all taxes, penalties, and

24 interest due hereunder; to dispose of taxes, penalties, and

25 interest collected in the manner hereinafter provided; and to

26 determine all rights to credit memoranda or refunds arising on
    SB2394 Enrolled  - 1281 - LRB104 09208 AMC 19265 b

1 account of the erroneous payment of tax, penalty, or interest

2 hereunder. In the administration of and compliance with this

3 paragraph, the Department and persons who are subject to this

4 paragraph shall have the same rights, remedies, privileges,

5 immunities, powers, and duties, and be subject to the same

6 conditions, restrictions, limitations, penalties, exclusions,

7 exemptions, and definitions of terms and employ the same modes

8 of procedure, as are prescribed in Sections 2 (except the

9 definition of "retailer maintaining a place of business in

10 this State"), 3 through 3-80 (except provisions pertaining to

11 the State rate of tax, and except provisions concerning

12 collection or refunding of the tax by retailers), 4, 11, 12,

13 12a, 14, 15, 19 (except the portions pertaining to claims by

14 retailers and except the last paragraph concerning refunds),

15 20, 21, and 22 of the Use Tax Act, and are not inconsistent

16 with this paragraph, as fully as if those provisions were set

17 forth herein.

18  Whenever the Department determines that a refund should be

19 made under this paragraph to a claimant instead of issuing a

20 credit memorandum, the Department shall notify the State

21 Comptroller, who shall cause the order to be drawn for the

22 amount specified, and to the person named in the notification

23 from the Department. The refund shall be paid by the State

24 Treasurer out of the Regional Transportation Authority tax

25 fund established under paragraph (n) of this Section.

26  (g-5) If, on January 1, 2025, a unit of local government
    SB2394 Enrolled  - 1282 - LRB104 09208 AMC 19265 b

1 has in effect a tax under subsections (e), (f), and (g), or if,

2 after January 1, 2025, a unit of local government imposes a tax

3 under subsections (e), (f), and (g), then that tax applies to

4 leases of tangible personal property in effect, entered into,

5 or renewed on or after that date in the same manner as the tax

6 under this Section and in accordance with the changes made by

7 Public Act 103-592 this amendatory Act of the 103rd General

8 Assembly.

9   (h) The Authority may impose a replacement vehicle tax of

10 $50 on any passenger car as defined in Section 1-157 of the

11 Illinois Vehicle Code purchased within the metropolitan region

12 by or on behalf of an insurance company to replace a passenger

13 car of an insured person in settlement of a total loss claim.

14 The tax imposed may not become effective before the first day

15 of the month following the passage of the ordinance imposing

16 the tax and receipt of a certified copy of the ordinance by the

17 Department of Revenue. The Department of Revenue shall collect

18 the tax for the Authority in accordance with Sections 3-2002

19 and 3-2003 of the Illinois Vehicle Code.

20  The Department shall immediately pay over to the State

21 Treasurer, ex officio, as trustee, all taxes collected

22 hereunder.

23  As soon as possible after the first day of each month,

24 beginning January 1, 2011, upon certification of the

25 Department of Revenue, the Comptroller shall order

26 transferred, and the Treasurer shall transfer, to the STAR
    SB2394 Enrolled    - 1283 - LRB104 09208 AMC 19265 b

1 Bonds Revenue Fund the local sales tax increment, as defined

2 in the Innovation Development and Economy Act, collected under

3 this Section during the second preceding calendar month for

4 sales within a STAR bond district.

5   After the monthly transfer to the STAR Bonds Revenue Fund,

6 on or before the 25th day of each calendar month, the

7 Department shall prepare and certify to the Comptroller the

8 disbursement of stated sums of money to the Authority. The

9 amount to be paid to the Authority shall be the amount

10 collected hereunder during the second preceding calendar month

11 by the Department, less any amount determined by the

12 Department to be necessary for the payment of refunds, and

13 less any amounts that are transferred to the STAR Bonds

14 Revenue Fund. Within 10 days after receipt by the Comptroller

15 of the disbursement certification to the Authority provided

16 for in this Section to be given to the Comptroller by the

17 Department, the Comptroller shall cause the orders to be drawn

18 for that amount in accordance with the directions contained in

19 the certification.

20  (i) The Board may not impose any other taxes except as it

21 may from time to time be authorized by law to impose.

22  (j) A certificate of registration issued by the State

23 Department of Revenue to a retailer under the Retailers'

24 Occupation Tax Act or under the Service Occupation Tax Act

25 shall permit the registrant to engage in a business that is

26 taxed under the tax imposed under paragraphs (b), (e), (f) or
    SB2394 Enrolled  - 1284 - LRB104 09208 AMC 19265 b

1 (g) of this Section and no additional registration shall be

2 required under the tax. A certificate issued under the Use Tax

3 Act or the Service Use Tax Act shall be applicable with regard

4 to any tax imposed under paragraph (c) of this Section.

5   (k) The provisions of any tax imposed under paragraph (c)

6 of this Section shall conform as closely as may be practicable

7 to the provisions of the Use Tax Act, including, without

8 limitation, conformity as to penalties with respect to the tax

9 imposed and as to the powers of the State Department of Revenue

10 to promulgate and enforce rules and regulations relating to

11 the administration and enforcement of the provisions of the

12 tax imposed. The taxes shall be imposed only on use within the

13 metropolitan region and at rates as provided in the paragraph.

14  (l) The Board in imposing any tax as provided in

15 paragraphs (b) and (c) of this Section, shall, after seeking

16 the advice of the State Department of Revenue, provide means

17 for retailers, users or purchasers of motor fuel for purposes

18 other than those with regard to which the taxes may be imposed

19 as provided in those paragraphs to receive refunds of taxes

20 improperly paid, which provisions may be at variance with the

21 refund provisions as applicable under the Municipal Retailers

22 Occupation Tax Act. The State Department of Revenue may

23 provide for certificates of registration for users or

24 purchasers of motor fuel for purposes other than those with

25 regard to which taxes may be imposed as provided in paragraphs

26 (b) and (c) of this Section to facilitate the reporting and
   SB2394 Enrolled  - 1285 - LRB104 09208 AMC 19265 b

1 nontaxability of the exempt sales or uses.

2  (m) Any ordinance imposing or discontinuing any tax under

3 this Section shall be adopted and a certified copy thereof

4 filed with the Department on or before June 1, whereupon the

5 Department of Revenue shall proceed to administer and enforce

6 this Section on behalf of the Regional Transportation

7 Authority as of September 1 next following such adoption and

8 filing. Beginning January 1, 1992, an ordinance or resolution

9 imposing or discontinuing the tax hereunder shall be adopted

10 and a certified copy thereof filed with the Department on or

11 before the first day of July, whereupon the Department shall

12 proceed to administer and enforce this Section as of the first

13 day of October next following such adoption and filing.

14 Beginning January 1, 1993, an ordinance or resolution

15 imposing, increasing, decreasing, or discontinuing the tax

16 hereunder shall be adopted and a certified copy thereof filed

17 with the Department, whereupon the Department shall proceed to

18 administer and enforce this Section as of the first day of the

19 first month to occur not less than 60 days following such

20 adoption and filing. Any ordinance or resolution of the

21 Authority imposing a tax under this Section and in effect on

22 August 1, 2007 shall remain in full force and effect and shall

23 be administered by the Department of Revenue under the terms

24 and conditions and rates of tax established by such ordinance

25 or resolution until the Department begins administering and

26 enforcing an increased tax under this Section as authorized by
   SB2394 Enrolled  - 1286 - LRB104 09208 AMC 19265 b

1 Public Act 95-708. The tax rates authorized by Public Act

2 95-708 are effective only if imposed by ordinance of the

3 Authority.

4  (n) Except as otherwise provided in this subsection (n),

5 the State Department of Revenue shall, upon collecting any

6 taxes as provided in this Section, pay the taxes over to the

7 State Treasurer as trustee for the Authority. The taxes shall

8 be held in a trust fund outside the State Treasury. If an

9 airport-related purpose has been certified, taxes and

10 penalties collected in DuPage, Kane, Lake, McHenry and Will

11 counties on aviation fuel sold on or after December 1, 2019

12 from the 0.50% of the 0.75% rate shall be immediately paid over

13 by the Department to the State Treasurer, ex officio, as

14 trustee, for deposit into the Local Government Aviation Trust

15 Fund. The Department shall only pay moneys into the Local

16 Government Aviation Trust Fund under this Act for so long as

17 the revenue use requirements of 49 U.S.C. 47107(b) and 49

18 U.S.C. 47133 are binding on the Authority. On or before the

19 25th day of each calendar month, the State Department of

20 Revenue shall prepare and certify to the Comptroller of the

21 State of Illinois and to the Authority (i) the amount of taxes

22 collected in each county other than Cook County in the

23 metropolitan region, (not including, if an airport-related

24 purpose has been certified, the taxes and penalties collected

25 from the 0.50% of the 0.75% rate on aviation fuel sold on or

26 after December 1, 2019 that are deposited into the Local
    SB2394 Enrolled  - 1287 - LRB104 09208 AMC 19265 b

1 Government Aviation Trust Fund) (ii) the amount of taxes

2 collected within the City of Chicago, and (iii) the amount

3 collected in that portion of Cook County outside of Chicago,

4 each amount less the amount necessary for the payment of

5 refunds to taxpayers located in those areas described in items

6 (i), (ii), and (iii), and less 1.5% of the remainder, which

7 shall be transferred from the trust fund into the Tax

8 Compliance and Administration Fund. The Department, at the

9 time of each monthly disbursement to the Authority, shall

10 prepare and certify to the State Comptroller the amount to be

11 transferred into the Tax Compliance and Administration Fund

12 under this subsection. Within 10 days after receipt by the

13 Comptroller of the certification of the amounts, the

14 Comptroller shall cause an order to be drawn for the transfer

15 of the amount certified into the Tax Compliance and

16 Administration Fund and the payment of two-thirds of the

17 amounts certified in item (i) of this subsection to the

18 Authority and one-third of the amounts certified in item (i)

19 of this subsection to the respective counties other than Cook

20 County and the amount certified in items (ii) and (iii) of this

21 subsection to the Authority.

22  In addition to the disbursement required by the preceding

23 paragraph, an allocation shall be made in July 1991 and each

24 year thereafter to the Regional Transportation Authority. The

25 allocation shall be made in an amount equal to the average

26 monthly distribution during the preceding calendar year
    SB2394 Enrolled  - 1288 - LRB104 09208 AMC 19265 b

1 (excluding the 2 months of lowest receipts) and the allocation

2 shall include the amount of average monthly distribution from

3 the Regional Transportation Authority Occupation and Use Tax

4 Replacement Fund. The distribution made in July 1992 and each

5 year thereafter under this paragraph and the preceding

6 paragraph shall be reduced by the amount allocated and

7 disbursed under this paragraph in the preceding calendar year.

8 The Department of Revenue shall prepare and certify to the

9 Comptroller for disbursement the allocations made in

10 accordance with this paragraph.

11  (o) Failure to adopt a budget ordinance or otherwise to

12 comply with Section 4.01 of this Act or to adopt a Five-year

13 Capital Program or otherwise to comply with paragraph (b) of

14 Section 2.01 of this Act shall not affect the validity of any

15 tax imposed by the Authority otherwise in conformity with law.

16  (p) At no time shall a public transportation tax or motor

17 vehicle parking tax authorized under paragraphs (b), (c), and

18 (d) of this Section be in effect at the same time as any

19 retailers' occupation, use or service occupation tax

20 authorized under paragraphs (e), (f), and (g) of this Section

21 is in effect.

22  Any taxes imposed under the authority provided in

23 paragraphs (b), (c), and (d) shall remain in effect only until

24 the time as any tax authorized by paragraph (e), (f), or (g) of

25 this Section is are imposed and becomes effective. Once any

26 tax authorized by paragraph (e), (f), or (g) is imposed the
    SB2394 Enrolled    - 1289 - LRB104 09208 AMC 19265 b

1 Board may not reimpose taxes as authorized in paragraphs (b),

2 (c), and (d) of the Section unless any tax authorized by

3 paragraph (e), (f), or (g) of this Section becomes ineffective

4 by means other than an ordinance of the Board.

5   (q) Any existing rights, remedies and obligations

6 (including enforcement by the Regional Transportation

7 Authority) arising under any tax imposed under paragraph (b),

8 (c), or (d) of this Section shall not be affected by the

9 imposition of a tax under paragraph (e), (f), or (g) of this

10 Section.

11 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;

12 103-781, eff. 8-5-24; revised 11-26-24.)

13  Section 615. The School Code is amended by changing

14 Sections 1D-1, 2-3.25f, 2-3.169, 5-1, 5-2.2, 5-13, 10-16a,

15 10-22.3f, 10-22.6, 10-22.22, 10-22.24b, 10-22.36, 14A-32,

16 18-8.15, 19-1, 21B-50, 22-94, 24-4.1, 24A-2.5, 24A-5, 27A-5,

17 34-18, 34-18.68, 34-22.6, 34-22.10, and 34A-502 and by setting

18 forth and renumbering multiple versions of Sections 2-3.204,

19 27-23.17, and 34-18.85 as follows:

20  (105 ILCS 5/1D-1)

21  (Text of Section from P.A. 100-55 and 103-594)

22  Sec. 1D-1. Block grant funding.

23  (a) For fiscal year 1996 and each fiscal year thereafter,

24 the State Board of Education shall award to a school district
    SB2394 Enrolled         - 1290 - LRB104 09208 AMC 19265 b

1 having a population exceeding 500,000 inhabitants a general

2 education block grant and an educational services block grant,

3 determined as provided in this Section, in lieu of

4 distributing to the district separate State funding for the

5 programs described in subsections (b) and (c). The provisions

6 of this Section, however, do not apply to any federal funds

7 that the district is entitled to receive. In accordance with

8 Section 2-3.32, all block grants are subject to an audit.

9 Therefore, block grant receipts and block grant expenditures

10 shall be recorded to the appropriate fund code for the

11 designated block grant.

12  (b) The general education block grant shall include the

13 following programs: REI Initiative, Summer Bridges, K-6

14 Comprehensive Arts, School Improvement Support, Urban

15 Education, Scientific Literacy, Substance Abuse Prevention,

16 Second Language Planning, Staff Development, Outcomes and

17 Assessment, K-6 Reading Improvement, 7-12 Continued Reading

18 Improvement, Truants' Optional Education, Hispanic Programs,

19 Agriculture Education, Report Cards, and Criminal Background

20 Investigations. The general education block grant shall also

21 include Preschool Education, Parental Training, and Prevention

22 Initiative through June 30, 2026. Notwithstanding any other

23 provision of law, all amounts paid under the general education

24 block grant from State appropriations to a school district in

25 a city having a population exceeding 500,000 inhabitants shall

26 be appropriated and expended by the board of that district for
    SB2394 Enrolled  - 1291 - LRB104 09208 AMC 19265 b

1 any of the programs included in the block grant or any of the

2 board's lawful purposes. Beginning in Fiscal Year 2018, at

3 least 25% of any additional Preschool Education, Parental

4 Training, and Prevention Initiative program funding over and

5 above the previous fiscal year's allocation shall be used to

6 fund programs for children ages 0-3. Beginning in Fiscal Year

7 2018, funding for Preschool Education, Parental Training, and

8 Prevention Initiative programs above the allocation for these

9 programs in Fiscal Year 2017 must be used solely as a

10 supplement for these programs and may not supplant funds

11 received from other sources.

12  (b-5) Beginning in Fiscal Year 2027, the Department of

13 Early Childhood shall award a block grant for Preschool

14 Education, Parental Training, and Prevention Initiative to a

15 school district having a population exceeding 500,000

16 inhabitants. The grants are subject to audit. Therefore, block

17 grant receipts and block grant expenditures shall be recorded

18 to the appropriate fund code for the designated block grant.

19 Notwithstanding any other provision of law, all amounts paid

20 under the block grant from State appropriations to a school

21 district in a city having a population exceeding 500,000

22 inhabitants shall be appropriated and expended by the board of

23 that district for any of the programs included in the block

24 grant or any of the board's lawful purposes. The district is

25 not required to file any application or other claim in order to

26 receive the block grant to which it is entitled under this
    SB2394 Enrolled  - 1292 - LRB104 09208 AMC 19265 b

1 Section. The Department of Early Childhood shall make payments

2 to the district of amounts due under the district's block

3 grant on a schedule determined by the Department. A school

4 district to which this Section applies shall report to the

5 Department of Early Childhood on its use of the block grant in

6 such form and detail as the Department may specify. In

7 addition, the report must include the following description

8 for the district, which must also be reported to the General

9 Assembly: block grant allocation and expenditures by program;

10 population and service levels by program; and administrative

11 expenditures by program. The Department shall ensure that the

12 reporting requirements for the district are the same as for

13 all other school districts in this State. Beginning in Fiscal

14 Year 2018, at least 25% of any additional Preschool Education,

15 Parental Training, and Prevention Initiative program funding

16 over and above the previous fiscal year's allocation shall be

17 used to fund programs for children ages 0-3. Beginning in

18 Fiscal Year 2018, funding for Preschool Education, Parental

19 Training, and Prevention Initiative programs above the

20 allocation for these programs in Fiscal Year 2017 must be used

21 solely as a supplement for these programs and may not supplant

22 funds received from other sources.

23  (c) The educational services block grant shall include the

24 following programs: Regular and Vocational Transportation,

25 State Lunch and Free Breakfast Program, Special Education

26 (Personnel, Transportation, Orphanage, Private Tuition),
    SB2394 Enrolled  - 1293 - LRB104 09208 AMC 19265 b

1 funding for children requiring special education services,

2 Summer School, Educational Service Centers, and

3 Administrator's Academy. This subsection (c) does not relieve

4 the district of its obligation to provide the services

5 required under a program that is included within the

6 educational services block grant. It is the intention of the

7 General Assembly in enacting the provisions of this subsection

8 (c) to relieve the district of the administrative burdens that

9 impede efficiency and accompany single-program funding. The

10 General Assembly encourages the board to pursue mandate

11 waivers pursuant to Section 2-3.25g.

12  The funding program included in the educational services

13 block grant for funding for children requiring special

14 education services in each fiscal year shall be treated in

15 that fiscal year as a payment to the school district in respect

16 of services provided or costs incurred in the prior fiscal

17 year, calculated in each case as provided in this Section.

18 Nothing in this Section shall change the nature of payments

19 for any program that, apart from this Section, would be or,

20 prior to adoption or amendment of this Section, was on the

21 basis of a payment in a fiscal year in respect of services

22 provided or costs incurred in the prior fiscal year,

23 calculated in each case as provided in this Section.

24  (d) For fiscal year 1996 and each fiscal year thereafter,

25 the amount of the district's block grants shall be determined

26 as follows: (i) with respect to each program that is included
    SB2394 Enrolled     - 1294 - LRB104 09208 AMC 19265 b

1 within each block grant, the district shall receive an amount

2 equal to the same percentage of the current fiscal year

3 appropriation made for that program as the percentage of the

4 appropriation received by the district from the 1995 fiscal

5 year appropriation made for that program, and (ii) the total

6 amount that is due the district under the block grant shall be

7 the aggregate of the amounts that the district is entitled to

8 receive for the fiscal year with respect to each program that

9 is included within the block grant that the State Board of

10 Education shall award the district under this Section for that

11 fiscal year. In the case of the Summer Bridges program, the

12 amount of the district's block grant shall be equal to 44% of

13 the amount of the current fiscal year appropriation made for

14 that program.

15  (e) The district is not required to file any application

16 or other claim in order to receive the block grants to which it

17 is entitled under this Section. The State Board of Education

18 shall make payments to the district of amounts due under the

19 district's block grants on a schedule determined by the State

20 Board of Education.

21  (f) A school district to which this Section applies shall

22 report to the State Board of Education on its use of the block

23 grants in such form and detail as the State Board of Education

24 may specify. In addition, the report must include the

25 following description for the district, which must also be

26 reported to the General Assembly: block grant allocation and
    SB2394 Enrolled  - 1295 - LRB104 09208 AMC 19265 b

1 expenditures by program; population and service levels by

2 program; and administrative expenditures by program. The State

3 Board of Education shall ensure that the reporting

4 requirements for the district are the same as for all other

5 school districts in this State.

6   (g) This paragraph provides for the treatment of block

7 grants under Article 1C for purposes of calculating the amount

8 of block grants for a district under this Section. Those block

9 grants under Article 1C are, for this purpose, treated as

10 included in the amount of appropriation for the various

11 programs set forth in paragraph (b) above. The appropriation

12 in each current fiscal year for each block grant under Article

13 1C shall be treated for these purposes as appropriations for

14 the individual program included in that block grant. The

15 proportion of each block grant so allocated to each such

16 program included in it shall be the proportion which the

17 appropriation for that program was of all appropriations for

18 such purposes now in that block grant, in fiscal 1995.

19  Payments to the school district under this Section with

20 respect to each program for which payments to school districts

21 generally, as of the date of this amendatory Act of the 92nd

22 General Assembly, are on a reimbursement basis shall continue

23 to be made to the district on a reimbursement basis, pursuant

24 to the provisions of this Code governing those programs.

25  (h) Notwithstanding any other provision of law, any school

26 district receiving a block grant under this Section may
SB2394 Enrolled  - 1296 - LRB104 09208 AMC 19265 b

 1 classify all or a portion of the funds that it receives in a
 2 particular fiscal year from any block grant authorized under
 3 this Code or from general State aid pursuant to Section
 4 18-8.05 of this Code (other than supplemental general State
 5 aid) as funds received in connection with any funding program
 6 for which it is entitled to receive funds from the State in
 7 that fiscal year (including, without limitation, any funding
 8 program referred to in subsection (c) of this Section),
 9 regardless of the source or timing of the receipt. The
10 district may not classify more funds as funds received in
11 connection with the funding program than the district is
12 entitled to receive in that fiscal year for that program. Any
13 classification by a district must be made by a resolution of
14 its board of education. The resolution must identify the
15 amount of any block grant or general State aid to be classified
16 under this subsection (h) and must specify the funding program
17 to which the funds are to be treated as received in connection
18 therewith. This resolution is controlling as to the
19 classification of funds referenced therein. A certified copy
20 of the resolution must be sent to the State Superintendent of
21 Education. The resolution shall still take effect even though
22 a copy of the resolution has not been sent to the State
23 Superintendent of Education in a timely manner. No
24 classification under this subsection (h) by a district shall
25 affect the total amount or timing of money the district is
26 entitled to receive under this Code. No classification under
    SB2394 Enrolled         - 1297 - LRB104 09208 AMC 19265 b

1 this subsection (h) by a district shall in any way relieve the
2 district from or affect any requirements that otherwise would
3 apply with respect to the block grant as provided in this
4 Section, including any accounting of funds by source,
5 reporting expenditures by original source and purpose,
6 reporting requirements, or requirements of provision of
7 services.
8 (Source: P.A. 100-55, eff. 8-11-17; 103-594, eff. 6-25-24.)

9   (Text of Section from P.A. 100-465 and 103-594)

10  Sec. 1D-1. Block grant funding.

11  (a) For fiscal year 1996 through fiscal year 2017, the

12 State Board of Education shall award to a school district

13 having a population exceeding 500,000 inhabitants a general

14 education block grant and an educational services block grant,

15 determined as provided in this Section, in lieu of

16 distributing to the district separate State funding for the

17 programs described in subsections (b) and (c). The provisions

18 of this Section, however, do not apply to any federal funds

19 that the district is entitled to receive. In accordance with

20 Section 2-3.32, all block grants are subject to an audit.

21 Therefore, block grant receipts and block grant expenditures

22 shall be recorded to the appropriate fund code for the

23 designated block grant.

24  (b) The general education block grant shall include the

25 following programs: REI Initiative, Summer Bridges, Preschool
    SB2394 Enrolled  - 1298 - LRB104 09208 AMC 19265 b

1 At Risk, K-6 Comprehensive Arts, School Improvement Support,

2 Urban Education, Scientific Literacy, Substance Abuse

3 Prevention, Second Language Planning, Staff Development,

4 Outcomes and Assessment, K-6 Reading Improvement, 7-12

5 Continued Reading Improvement, Truants' Optional Education,

6 Hispanic Programs, Agriculture Education, Report Cards, and

7 Criminal Background Investigations. The general education

8 block grant shall also include Preschool Education, Parental

9 Training, and Prevention Initiative through June 30, 2026.

10 Notwithstanding any other provision of law, all amounts paid

11 under the general education block grant from State

12 appropriations to a school district in a city having a

13 population exceeding 500,000 inhabitants shall be appropriated

14 and expended by the board of that district for any of the

15 programs included in the block grant or any of the board's

16 lawful purposes.

17  (b-5) Beginning in Fiscal Year 2027, the Department of

18 Early Childhood shall award a block grant for Preschool

19 Education, Parental Training, and Prevention Initiative to a

20 school district having a population exceeding 500,000

21 inhabitants. The grants are subject to audit. Therefore, block

22 grant receipts and block grant expenditures shall be recorded

23 to the appropriate fund code for the designated block grant.

24 Notwithstanding any other provision of law, all amounts paid

25 under the block grant from State appropriations to a school

26 district in a city having a population exceeding 500,000
SB2394 Enrolled  - 1299 - LRB104 09208 AMC 19265 b

 1 inhabitants shall be appropriated and expended by the board of
 2 that district for any of the programs included in the block
 3 grant or any of the board's lawful purposes. The district is
 4 not required to file any application or other claim in order to
 5 receive the block grant to which it is entitled under this
 6 Section. The Department of Early Childhood shall make payments
 7 to the district of amounts due under the district's block
 8 grant on a schedule determined by the Department. A school
 9 district to which this Section applies shall report to the
10 Department of Early Childhood on its use of the block grant in
11 such form and detail as the Department may specify. In
12 addition, the report must include the following description
13 for the district, which must also be reported to the General
14 Assembly: block grant allocation and expenditures by program;
15 population and service levels by program; and administrative
16 expenditures by program. The Department shall ensure that the
17 reporting requirements for the district are the same as for
18 all other school districts in this State. Beginning in Fiscal
19 Year 2018, at least 25% of any additional Preschool Education,
20 Parental Training, and Prevention Initiative program funding
21 over and above the previous fiscal year's allocation shall be
22 used to fund programs for children ages 0-3. Beginning in
23 Fiscal Year 2018, funding for Preschool Education, Parental
24 Training, and Prevention Initiative programs above the
25 allocation for these programs in Fiscal Year 2017 must be used
26 solely as a supplement for these programs and may not supplant
    SB2394 Enrolled  - 1300 - LRB104 09208 AMC 19265 b

1 funds received from other sources. (b-10).

2   (c) The educational services block grant shall include the

3 following programs: Regular and Vocational Transportation,

4 State Lunch and Free Breakfast Program, Special Education

5 (Personnel, Transportation, Orphanage, Private Tuition),

6 funding for children requiring special education services,

7 Summer School, Educational Service Centers, and

8 Administrator's Academy. This subsection (c) does not relieve

9 the district of its obligation to provide the services

10 required under a program that is included within the

11 educational services block grant. It is the intention of the

12 General Assembly in enacting the provisions of this subsection

13 (c) to relieve the district of the administrative burdens that

14 impede efficiency and accompany single-program funding. The

15 General Assembly encourages the board to pursue mandate

16 waivers pursuant to Section 2-3.25g.

17  The funding program included in the educational services

18 block grant for funding for children requiring special

19 education services in each fiscal year shall be treated in

20 that fiscal year as a payment to the school district in respect

21 of services provided or costs incurred in the prior fiscal

22 year, calculated in each case as provided in this Section.

23 Nothing in this Section shall change the nature of payments

24 for any program that, apart from this Section, would be or,

25 prior to adoption or amendment of this Section, was on the

26 basis of a payment in a fiscal year in respect of services
    SB2394 Enrolled     - 1301 - LRB104 09208 AMC 19265 b

1 provided or costs incurred in the prior fiscal year,

2 calculated in each case as provided in this Section.

3   (d) For fiscal year 1996 through fiscal year 2017, the

4 amount of the district's block grants shall be determined as

5 follows: (i) with respect to each program that is included

6 within each block grant, the district shall receive an amount

7 equal to the same percentage of the current fiscal year

8 appropriation made for that program as the percentage of the

9 appropriation received by the district from the 1995 fiscal

10 year appropriation made for that program, and (ii) the total

11 amount that is due the district under the block grant shall be

12 the aggregate of the amounts that the district is entitled to

13 receive for the fiscal year with respect to each program that

14 is included within the block grant that the State Board of

15 Education shall award the district under this Section for that

16 fiscal year. In the case of the Summer Bridges program, the

17 amount of the district's block grant shall be equal to 44% of

18 the amount of the current fiscal year appropriation made for

19 that program.

20  (e) The district is not required to file any application

21 or other claim in order to receive the block grants to which it

22 is entitled under this Section. The State Board of Education

23 shall make payments to the district of amounts due under the

24 district's block grants on a schedule determined by the State

25 Board of Education.

26  (f) A school district to which this Section applies shall
    SB2394 Enrolled  - 1302 - LRB104 09208 AMC 19265 b

1 report to the State Board of Education on its use of the block

2 grants in such form and detail as the State Board of Education

3 may specify. In addition, the report must include the

4 following description for the district, which must also be

5 reported to the General Assembly: block grant allocation and

6 expenditures by program; population and service levels by

7 program; and administrative expenditures by program. The State

8 Board of Education shall ensure that the reporting

9 requirements for the district are the same as for all other

10 school districts in this State.

11  (g) Through fiscal year 2017, this paragraph provides for

12 the treatment of block grants under Article 1C for purposes of

13 calculating the amount of block grants for a district under

14 this Section. Those block grants under Article 1C are, for

15 this purpose, treated as included in the amount of

16 appropriation for the various programs set forth in paragraph

17 (b) above. The appropriation in each current fiscal year for

18 each block grant under Article 1C shall be treated for these

19 purposes as appropriations for the individual program included

20 in that block grant. The proportion of each block grant so

21 allocated to each such program included in it shall be the

22 proportion which the appropriation for that program was of all

23 appropriations for such purposes now in that block grant, in

24 fiscal 1995.

25  Payments to the school district under this Section with

26 respect to each program for which payments to school districts
   SB2394 Enrolled  - 1303 - LRB104 09208 AMC 19265 b

1 generally, as of the date of this amendatory Act of the 92nd

2 General Assembly, are on a reimbursement basis shall continue

3 to be made to the district on a reimbursement basis, pursuant

4 to the provisions of this Code governing those programs.

5  (h) Notwithstanding any other provision of law, any school

6 district receiving a block grant under this Section may

7 classify all or a portion of the funds that it receives in a

8 particular fiscal year from any block grant authorized under

9 this Code or from general State aid pursuant to Section

10 18-8.05 of this Code (other than supplemental general State

11 aid) as funds received in connection with any funding program

12 for which it is entitled to receive funds from the State in

13 that fiscal year (including, without limitation, any funding

14 program referred to in subsection (c) of this Section),

15 regardless of the source or timing of the receipt. The

16 district may not classify more funds as funds received in

17 connection with the funding program than the district is

18 entitled to receive in that fiscal year for that program. Any

19 classification by a district must be made by a resolution of

20 its board of education. The resolution must identify the

21 amount of any block grant or general State aid to be classified

22 under this subsection (h) and must specify the funding program

23 to which the funds are to be treated as received in connection

24 therewith. This resolution is controlling as to the

25 classification of funds referenced therein. A certified copy

26 of the resolution must be sent to the State Superintendent of
    SB2394 Enrolled  - 1304 - LRB104 09208 AMC 19265 b

 1 Education. The resolution shall still take effect even though
 2 a copy of the resolution has not been sent to the State
 3 Superintendent of Education in a timely manner. No
 4 classification under this subsection (h) by a district shall
 5 affect the total amount or timing of money the district is
 6 entitled to receive under this Code. No classification under
 7 this subsection (h) by a district shall in any way relieve the
 8 district from or affect any requirements that otherwise would
 9 apply with respect to the block grant as provided in this
10 Section, including any accounting of funds by source,
11 reporting expenditures by original source and purpose,
12 reporting requirements, or requirements of provision of
13 services.
14 (Source: P.A. 100-465, eff. 8-31-17; 103-594, eff. 6-25-24;
15 revised 10-21-24.)

16  (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)

17  Sec. 2-3.25f. State interventions.

18  (a) The State Board of Education shall provide technical

19 assistance to schools in school improvement status to assist

20 with the development and implementation of Improvement Plans.

21  Schools or school districts that fail to make reasonable

22 efforts to implement an approved Improvement Plan may suffer

23 loss of State funds by school district, attendance center, or

24 program as the State Board of Education deems appropriate.

25  (a-5) (Blank).
   SB2394 Enrolled  - 1305 - LRB104 09208 AMC 19265 b

1  (b) Schools that receive Targeted Support or Comprehensive

2 Support designations shall enter a 4-year cycle of school

3 improvement status. If, at the end of the 4-year cycle, the

4 school fails to meet the exit criteria specified in the State

5 Plan referenced in subsection (b) of Section 2-3.25a of this

6 Code, the school shall escalate to a more intensive

7 intervention. Targeted Support schools that remain Targeted

8 for one or more of the same student groups as in the initial

9 identification after completion of a 4-year cycle of Targeted

10 School Improvement shall be redesignated as Comprehensive

11 Support schools, as provided in paragraph (2.5) of subsection

12 (a) of Section 2-3.25d-5 of this Code. Comprehensive Support

13 schools that remain in the lowest-performing 5% after

14 completion of a 4-year cycle of Comprehensive School

15 Improvement shall be redesignated as Intensive Support schools

16 and shall escalate through more rigorous, tiered support,

17 developed in consultation with the Balanced Accountability

18 Measure Committee and other relevant stakeholder groups, which

19 may ultimately result in the (i) change of recognition status

20 of the school district or school to nonrecognized or (ii)

21 authorization for the State Superintendent of Education to

22 direct the reassignment of pupils or direct the reassignment

23 or replacement of school or school district personnel. If a

24 school district is nonrecognized in its entirety, for any

25 reason, including those not related to performance in the

26 accountability system, it shall automatically be dissolved on
    SB2394 Enrolled  - 1306 - LRB104 09208 AMC 19265 b

1 July 1 following that nonrecognition and its territory

2 realigned with another school district or districts by the

3 regional board of school trustees in accordance with the

4 procedures set forth in Section 7-11 of the School Code. The

5 effective date of the nonrecognition of a school shall be July

6 1 following the nonrecognition.

7   (b-5) The State Board of Education shall also develop a

8 system to provide assistance and resources to lower performing

9 school districts. At a minimum, the State Board shall identify

10 school districts to receive Intensive, Comprehensive, and

11 Targeted Support. The school district shall provide the

12 exclusive bargaining representative with a 5-day notice that

13 the district has had one or more schools within the district

14 identified as being in Comprehensive or Intensive School

15 Improvement Status. In addition, the State Board may, by rule,

16 develop other categories of low-performing schools and school

17 districts to receive services.

18  The State Board of Education shall work with districts

19 with one or more schools in Comprehensive or Intensive School

20 Improvement Status, through technical assistance and

21 professional development, based on the results of the needs

22 assessment under Section 2-3.25d-5 of this Code, to develop

23 and implement a continuous improvement plan that would

24 increase outcomes for students. The plan for continuous

25 improvement shall be based on the results of the needs

26 assessment and shall be used to determine the types of
    SB2394 Enrolled          - 1307 - LRB104 09208 AMC 19265 b

1 services that are to be provided to each Comprehensive and

2 Intensive School. Potential services may include, but are not

3 limited to, monitoring adult and student practices, reviewing

4 and reallocating district resources, developing a district and

5 school leadership team, providing access to curricular content

6 area specialists, and providing online resources and

7 professional development.

8   The support provided by a vendor or learning partner

9 approved to support a school's continuous improvement plan

10 related to English language arts must be based on the

11 comprehensive literacy plan for the State developed by the

12 State Board of Education under Section 2-3.200 2-3.196, as

13 added by Public Act 103-402.

14  The State Board of Education may require districts with

15 one or more Comprehensive or Intensive Schools identified as

16 having deficiencies in one or more core functions of the needs

17 assessment to undergo an accreditation process.

18  (c) All federal requirements apply to schools and school

19 districts utilizing federal funds under Title I, Part A of the

20 federal Elementary and Secondary Education Act of 1965.

21 (Source: P.A. 103-175, eff. 6-30-23; 103-735, eff. 1-1-25;

22 revised 11-26-24.)

23  (105 ILCS 5/2-3.169)

24  Sec. 2-3.169. State Global Scholar Certification.

25  (a) The State Global Scholar Certification Program is
    SB2394 Enrolled  - 1308 - LRB104 09208 AMC 19265 b

1 established to recognize recognized public and nonpublic high

2 school graduates who have attained global competence. State

3 Global Scholar Certification shall be awarded beginning with

4 the 2017-2018 school year. School district or nonpublic school

5 participation in this certification is voluntary.

6   (b) The purposes of State Global Scholar Certification are

7 as follows:

8   (1) To recognize the value of a global education.

9   (2) To certify attainment of global competence.

10  (3) To provide employers with a method of identifying

11  globally competent employees.

12  (4) To provide colleges and universities with an

13  additional method to recognize applicants seeking

14  admission.

15  (5) To prepare students with 21st century skills.

16  (6) To encourage the development of a globally ready

17  workforce in the STEM (science, technology, engineering,

18  and mathematics), manufacturing, agriculture, and service

19  sectors.

20  (c) State Global Scholar Certification confirms attainment

21 of global competence, sufficient for meaningful use in college

22 and a career, by a graduating public or nonpublic high school

23 student.

24  (d) The State Board of Education shall adopt such rules as

25 may be necessary to establish the criteria that students must

26 achieve to earn State Global Scholar Certification, which
    SB2394 Enrolled         - 1309 - LRB104 09208 AMC 19265 b

1 shall minimally include attainment of 6 globally focused

2 courses, service learning experiences, global collaboration or

3 dialogue, and passage of a capstone project demonstrating

4 global competency, as approved by the participating school

5 district or nonpublic school for this purpose.

6   (e) The State Board of Education shall do both of the

7 following:

8   (1) Prepare and deliver to participating school

9   districts or nonpublic schools an appropriate mechanism

10  for designating State Global Scholar Certification on the

11  diploma and transcript of a student indicating that the

12  student has been awarded State Global Scholar

13  Certification by the State Board of Education.

14  (2) Provide other information the State Board of

15  Education deems necessary for school districts or

16  nonpublic schools to successfully participate in the

17  certification.

18  (f) A school district or nonpublic school that

19 participates in certification under this Section shall do both

20 of the following:

21  (1) Maintain appropriate records in order to identify

22  students who have earned State Global Scholar

23  Certification.

24  (2) Make the appropriate designation on the diploma

25  and transcript of each student who earns State Global

26  Scholar Certification.
    SB2394 Enrolled           - 1310 - LRB104 09208 AMC 19265 b

1   (g) No fee may be charged to a student to receive the

2 designation pursuant to the Section. Notwithstanding this

3 prohibition, costs may be incurred by the student in

4 demonstrating proficiency.

5   (h) The State Board of Education shall adopt such rules as

6 may be necessary to provide students attending schools that do

7 not offer State Global Scholar Certification the opportunity

8 to earn State Global Scholar Certification remotely beginning

9 with the 2026-2027 school year. These rules shall include, but

10 are not limited to, a list of all school courses and course

11 codes derived from the State Board of Education's Illinois

12 State Course Catalog and Illinois Virtual Course Catalog that

13 are designated as and qualify as globally focused coursework.

14  If the provider of the online course determines and can

15 demonstrate that a student meets all of the criteria required

16 to earn State Global Scholar Certification, then the school

17 district or nonpublic school shall designate that the student

18 has earned State Global Scholar Certification on the student's

19 diploma and transcript.

20  A school district or nonpublic school shall provide, upon

21 the request of a student, evidence to the student that the

22 student has completed at least 6 globally focused courses

23 required to earn State Global Scholar Certification for the

24 student to submit to the provider of the online course.

25  A student enrolled in a school district or nonpublic

26 school that awarded State Global Scholar Certification prior
    SB2394 Enrolled       - 1311 - LRB104 09208 AMC 19265 b

1 to the 2026-2027 school year and offered a course to complete
2 the capstone project requirement prior to the 2026-2027 school
3 year may not earn State Global Scholar Certification remotely
4 under this subsection (h).
5 (Source: P.A. 103-352, eff. 7-28-23; 103-979, eff. 1-1-25;
6 revised 11-26-24.)

7   (105 ILCS 5/2-3.204)

8   Sec. 2-3.204. Type 1 diabetes informational materials.

9   (a) The State Board of Education, in coordination with the

10 Department of Public Health, shall develop type 1 diabetes

11 informational materials for the parents and guardians of

12 students. The informational materials shall be made available

13 to each school district and charter school on the State

14 Board's Internet website. Each school district and charter

15 school shall post the informational materials on the school

16 district's or charter school's website, if any.

17  (b) Information developed pursuant to this Section may

18 include, but is not limited to, all of the following:

19  (1) A description of type 1 diabetes.

20  (2) A description of the risk factors and warning

21  signs associated with type 1 diabetes.

22  (3) A recommendation regarding a student displaying

23  warning signs associated with type 1 diabetes that the

24  parent or guardian of the student should immediately

25  consult with the student's primary care provider to
    SB2394 Enrolled       - 1312 - LRB104 09208 AMC 19265 b

1   determine if immediate screening for type 1 diabetes is

2   appropriate.

3   (4) A description of the screening process for type 1

4   diabetes and the implications of test results.

5   (5) A recommendation that, following a type 1 diabetes

6   diagnosis, the parent or guardian should consult with the

7   student's primary care provider to develop an appropriate

8   treatment plan, which may include consultation with and

9   examination by a specialty care provider, including, but

10  not limited to, a properly qualified endocrinologist.

11 (Source: P.A. 103-641, eff. 7-1-24.)

12  (105 ILCS 5/2-3.205)

13  Sec. 2-3.205 2-3.204. Air quality resources. The State

14 Board of Education shall, in consultation with the Department

15 of Public Health, compile resources for elementary and

16 secondary schools relating to indoor air quality in schools,

17 including best practices for assessing and maintaining

18 ventilation systems and information on any potential State or

19 federal funding sources that may assist a school in

20 identifying ventilation needs. The State Board of Education

21 shall compile these resources in consultation with

22 stakeholders, including, but not limited to, the Department of

23 Public Health, local public health professionals, ventilation

24 professionals affiliated with a Department of Labor

25 apprenticeship program, licensed design professionals,
    SB2394 Enrolled  - 1313 - LRB104 09208 AMC 19265 b

 1 representatives from regional offices of education, school
 2 district administrators, teachers, or any other relevant
 3 professionals, stakeholders, or representatives of State
 4 agencies. No later than 30 days after resources are compiled
 5 under this Section, the State Board of Education shall
 6 implement outreach strategies to make the compiled resources
 7 available to elementary and secondary schools, including
 8 publication of the compiled resources on the State Board of
 9 Education's website. The State Board of Education may, in
10 consultation with the Department of Public Health or any other
11 relevant stakeholders, update the compiled resources as
12 necessary.
13 (Source: P.A. 103-736, eff. 1-1-25; revised 12-3-24.)

14  (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)

15  Sec. 5-1. County school units.

16  (a) The territory in each county, exclusive of any school

17 district governed by any special act which requires the

18 district to appoint its own school treasurer, shall constitute

19 a county school unit. County school units of less than

20 2,000,000 inhabitants shall be known as Class I county school

21 units and the office of township trustees, where existing on

22 July 1, 1962, in such units shall be abolished on that date and

23 all books and records of such former township trustees shall

24 be forthwith thereafter transferred to the county board of

25 school trustees. County school units of 2,000,000 or more
   SB2394 Enrolled  - 1314 - LRB104 09208 AMC 19265 b

1 inhabitants shall be known as Class II county school units and

2 shall retain the office of township trustees unless otherwise

3 provided in subsection (b), (c), or (d), or shall be

4 administered as provided in Section 5-2.2.

5  (b) Notwithstanding subsections (a) and (c), the school

6 board of any elementary school district having a fall, 1989

7 aggregate enrollment of at least 2,500 but less than 6,500

8 pupils and having boundaries that are coterminous with the

9 boundaries of a high school district, and the school board of

10 any high school district having a fall, 1989 aggregate

11 enrollment of at least 2,500 but less than 6,500 pupils and

12 having boundaries that are coterminous with the boundaries of

13 an elementary school district, may, whenever the territory of

14 such school district forms a part of a Class II county school

15 unit, by proper resolution withdraw such school district from

16 the jurisdiction and authority of the trustees of schools of

17 the township in which such school district is located and from

18 the jurisdiction and authority of the township treasurer in

19 such Class II county school unit; provided that the school

20 board of any such school district shall, upon the adoption and

21 passage of such resolution, thereupon elect or appoint its own

22 school treasurer as provided in Section 8-1. Upon the adoption

23 and passage of such resolution and the election or appointment

24 by the school board of its own school treasurer: (1) the

25 trustees of schools in such township shall no longer have or

26 exercise any powers and duties with respect to the school
    SB2394 Enrolled  - 1315 - LRB104 09208 AMC 19265 b

1 district governed by such school board or with respect to the

2 school business, operations or assets of such school district;

3 and (2) all books and records of the township trustees

4 relating to the school business and affairs of such school

5 district shall be transferred and delivered to the school

6 board of such school district. Upon the effective date of

7 Public Act 88-155 this amendatory Act of 1993, the legal title

8 to, and all right, title, and interest formerly held by the

9 township trustees in any school buildings and school sites

10 used and occupied by the school board of such school district

11 for school purposes, that legal title, right, title, and

12 interest thereafter having been transferred to and vested in

13 the regional board of school trustees under Public Act P.A.

14 87-473 until the abolition of that regional board of school

15 trustees by Public Act P.A. 87-969, shall be deemed

16 transferred by operation of law to and shall vest in the school

17 board of that school district.

18  Notwithstanding subsections (a) and (c), the school boards

19 of Oak Park & River Forest District 200, Oak Park Elementary

20 School District 97, and River Forest School District 90 may,

21 by proper resolution, withdraw from the jurisdiction and

22 authority of the trustees of schools of Proviso and Cicero

23 Townships and the township treasurer, provided that the school

24 board shall, upon the adoption and passage of the resolution,

25 elect or appoint its own school treasurer as provided in

26 Section 8-1 of this Code. Upon the adoption and passage of the
    SB2394 Enrolled  - 1316 - LRB104 09208 AMC 19265 b

1 resolution and the election or appointment by the school board

2 of its own school treasurer: (1) the trustees of schools in the

3 township or townships shall no longer have or exercise any

4 powers or duties with respect to the school district or with

5 respect to the school business, operations, or assets of the

6 school district; (2) all books and records of the trustees of

7 schools and all moneys, securities, loanable funds, and other

8 assets relating to the school business and affairs of the

9 school district shall be transferred and delivered to the

10 school board; and (3) all legal title to and all right, title,

11 and interest formerly held by the trustees of schools in any

12 common school lands, school buildings, or school sites used

13 and occupied by the school board and all rights of property and

14 causes of action pertaining to or constituting a part of the

15 common school lands, buildings, or sites shall be deemed

16 transferred by operation of law to and shall vest in the school

17 board.

18  Notwithstanding subsections (a) and (c), the respective

19 school boards of Berwyn North School District 98, Berwyn South

20 School District 100, Cicero School District 99, and J.S.

21 Morton High School District 201 may, by proper resolution,

22 withdraw from the jurisdiction and authority of the trustees

23 of schools of Cicero Township and the township treasurer,

24 provided that the school board shall, upon the adoption and

25 passage of the resolution, elect or appoint its own school

26 treasurer as provided in Section 8-1 of this Code. Upon the
    SB2394 Enrolled  - 1317 - LRB104 09208 AMC 19265 b

1 adoption and passage of the resolution and the election or

2 appointment by the school board of its own school treasurer:

3 (1) the trustees of schools in the township shall no longer

4 have or exercise any powers or duties with respect to the

5 school district or with respect to the school business,

6 operations, or assets of the school district; (2) all books

7 and records of the trustees of schools and all moneys,

8 securities, loanable funds, and other assets relating to the

9 school business and affairs of the school district shall be

10 transferred and delivered to the school board; and (3) all

11 legal title to and all right, title, and interest formerly

12 held by the trustees of schools in any common school lands,

13 school buildings, or school sites used and occupied by the

14 school board and all rights of property and causes of action

15 pertaining to or constituting a part of the common school

16 lands, buildings, or sites shall be deemed transferred by

17 operation of law to and shall vest in the school board.

18  Notwithstanding subsections (a) and (c) of this Section

19 and upon final judgment, including the exhaustion of all

20 appeals or a settlement between all parties, regarding claims

21 set forth in the case of Township Trustees of Schools Township

22 38 North, Range 12 East v. Lyons Township High School District

23 No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit

24 Court of Cook County, Illinois, County Department, Chancery

25 Division, and all related pending claims, the school board of

26 Lyons Township High School District 204 may commence, by
SB2394 Enrolled  - 1318 - LRB104 09208 AMC 19265 b

 1 proper resolution, to withdraw from the jurisdiction and
 2 authority of the trustees of schools of Lyons Township and the
 3 township treasurer, provided that the school board shall, upon
 4 the adoption and passage of the resolution, elect or appoint
 5 its own school treasurer as provided in Section 8-1 of this
 6 Code. Upon the adoption and passage of the resolution and the
 7 election or appointment by the school board of its own school
 8 treasurer commencing with the first day of the succeeding
 9 fiscal year, but not prior to July 1, 2019: (1) the trustees of
10 schools in the township shall no longer have or exercise any
11 powers or duties with respect to the school district or with
12 respect to the school business, operations, or assets of the
13 school district; (2) all books and records of the trustees of
14 schools and all moneys, securities, loanable funds, and other
15 assets relating to the school business and affairs of the
16 school district shall be transferred and delivered to the
17 school board, allowing for a reasonable period of time not to
18 exceed 90 days to liquidate any pooled investments; and (3)
19 all legal title to and all right, title, and interest formerly
20 held by the trustees of schools in any common school lands,
21 school buildings, or school sites used and occupied by the
22 school board and all rights of property and causes of action
23 pertaining to or constituting a part of the common school
24 lands, buildings, or sites shall be deemed transferred by
25 operation of law to and shall vest in the school board. The
26 changes made to this Section by Public Act 100-921 this
   SB2394 Enrolled        - 1319 - LRB104 09208 AMC 19265 b

1 amendatory Act of the 100th General Assembly are prospective

2 only, starting from August 17, 2018 (the effective date of

3 Public Act 100-921) this amendatory Act of the 100th General

4 Assembly, and shall not affect any legal action pending on

5 August 17, 2018 (the effective date of Public Act 100-921)

6 this amendatory Act of the 100th General Assembly in the

7 Illinois courts in which Lyons Township High School District

8 204 is a listed party.

9  Notwithstanding subsections (a) and (c), the school boards

10 of Glenbrook High School District 225, Northbrook Elementary

11 School District 27, Northbrook School District 28, Sunset

12 Ridge School District 29, Northbrook/Glenview School District

13 30, West Northfield School District 31, and Glenview Community

14 Consolidated School District 34 may, by proper resolution,

15 withdraw from the jurisdiction and authority of the trustees

16 of schools of Northfield and Maine Townships and the township

17 treasurer, provided that the school board shall, upon the

18 adoption and passage of the resolution, elect or appoint its

19 own school treasurer as provided in Section 8-1 of this Code.

20 Upon the adoption and passage of the resolution and the

21 election or appointment by the school board of its own school

22 treasurer: (1) the trustees of schools in the township or

23 townships shall no longer have or exercise any powers or

24 duties with respect to the school district or with respect to

25 the school business, operations, or assets of the school

26 district; (2) all books and records of the trustees of schools
    SB2394 Enrolled  - 1320 - LRB104 09208 AMC 19265 b

1 and all moneys, securities, loanable funds, and other assets

2 relating to the school business and affairs of the school

3 district shall be transferred and delivered to the school

4 board; and (3) all legal title to and all right, title, and

5 interest formerly held by the trustees of schools in any

6 common school lands, school buildings, or school sites used

7 and occupied by the school board and all rights of property and

8 causes of action pertaining to or constituting a part of the

9 common school lands, buildings, or sites shall be deemed

10 transferred by operation of law to and shall vest in the school

11 board.

12  (c) Notwithstanding the provisions of subsection (a), the

13 offices of township treasurer and trustee of schools of any

14 township located in a Class II county school unit shall be

15 abolished as provided in this subsection if all of the

16 following conditions are met:

17         (1) During the same 30-day 30 day period, each school

18  board of each elementary and unit school district that is

19  subject to the jurisdiction and authority of the township

20  treasurer and trustees of schools of the township in which

21  those offices are sought to be abolished gives written

22  notice by certified mail, return receipt requested to the

23  township treasurer and trustees of schools of that

24  township of the date of a meeting of the school board, to

25  be held not more than 90 nor less than 60 days after the

26  date when the notice is given, at which meeting the school
    SB2394 Enrolled  - 1321 - LRB104 09208 AMC 19265 b

1   board is to consider and vote upon the question of whether

2   there shall be submitted to the electors of the school

3   district a proposition to abolish the offices of township

4   treasurer and trustee of schools of that township. None of

5   the notices given under this paragraph to the township

6   treasurer and trustees of schools of a township shall be

7   deemed sufficient or in compliance with the requirements

8   of this paragraph unless all of those notices are given

9   within the same 30-day 30 day period.

10  (2) Each school board of each elementary and unit

11  school district that is subject to the jurisdiction and

12  authority of the township treasurer and trustees of

13  schools of the township in which those offices are sought

14  to be abolished, by the affirmative vote of at least 5

15  members of the school board at a school board meeting of

16  which notice is given as required by paragraph (1) of this

17  subsection, adopts a resolution requiring the secretary of

18  the school board to certify to the proper election

19  authorities for submission to the electors of the school

20  district at the next consolidated election in accordance

21  with the general election law a proposition to abolish the

22  offices of township treasurer and trustee of schools of

23  that township. None of the resolutions adopted under this

24  paragraph by any elementary or unit school districts that

25  are subject to the jurisdiction and authority of the

26  township treasurer and trustees of schools of the township
    SB2394 Enrolled  - 1322 - LRB104 09208 AMC 19265 b

1   in which those offices are sought to be abolished shall be

2   deemed in compliance with the requirements of this

3   paragraph or sufficient to authorize submission of the

4   proposition to abolish those offices to a referendum of

5   the electors in any such school district unless all of the

6   school boards of all of the elementary and unit school

7   districts that are subject to the jurisdiction and

8   authority of the township treasurer and trustees of

9   schools of that township adopt such a resolution in

10  accordance with the provisions of this paragraph.

11  (3) The school boards of all of the elementary and

12  unit school districts that are subject to the jurisdiction

13  and authority of the township treasurer and trustees of

14  schools of the township in which those offices are sought

15  to be abolished submit a proposition to abolish the

16  offices of township treasurer and trustee of schools of

17  that township to the electors of their respective school

18  districts at the same consolidated election in accordance

19  with the general election law, the ballot in each such

20  district to be in substantially the following form:

21  --------------------------------------------------------

22                   OFFICIAL BALLOT

23  Shall the offices of township

24  treasurer and                     YES

25  trustee of                        ----------------

26  schools of Township .....         NO
    SB2394 Enrolled  - 1323 - LRB104 09208 AMC 19265 b

1          Range ..... be abolished?

2   --------------------------------------------------------

3   (4) At the consolidated election at which the

4   proposition to abolish the offices of township treasurer

5   and trustee of schools of a township is submitted to the

6   electors of each elementary and unit school district that

7   is subject to the jurisdiction and authority of the

8   township treasurer and trustee of schools of that

9   township, a majority of the electors voting on the

10  proposition in each such elementary and unit school

11  district votes in favor of the proposition as submitted to

12  them.

13  If in each elementary and unit school district that is

14 subject to the jurisdiction and authority of the township

15 treasurer and trustees of schools of the township in which

16 those offices are sought to be abolished a majority of the

17 electors in each such district voting at the consolidated

18 election on the proposition to abolish the offices of township

19 treasurer and trustee of schools of that township votes in

20 favor of the proposition as submitted to them, the proposition

21 shall be deemed to have passed; but if in any such elementary

22 or unit school district a majority of the electors voting on

23 that proposition in that district fails to vote in favor of the

24 proposition as submitted to them, then notwithstanding the

25 vote of the electors in any other such elementary or unit

26 school district on that proposition the proposition shall not
    SB2394 Enrolled   - 1324 - LRB104 09208 AMC 19265 b

1 be deemed to have passed in any of those elementary or unit

2 school districts, and the offices of township treasurer and

3 trustee of schools of the township in which those offices were

4 sought to be abolished shall not be abolished, unless in each

5 of those elementary and unit school districts remaining

6 subject to the jurisdiction and authority of the township

7 treasurer and trustees of schools of that township proceedings

8 are again initiated to abolish those offices and all of the

9 proceedings and conditions prescribed in paragraphs (1)

10 through (4) of this subsection are repeated and met in each of

11 those elementary and unit school districts.

12  Notwithstanding the foregoing provisions of this Section

13 or any other provision of the School Code, the offices of

14 township treasurer and trustee of schools of a township that

15 has a population of less than 200,000 and that contains a unit

16 school district and is located in a Class II county school unit

17 shall also be abolished as provided in this subsection if all

18 of the conditions set forth in paragraphs (1), (2), and (3) of

19 this subsection are met and if the following additional

20 condition is met:

21  The electors in all of the school districts subject to

22  the jurisdiction and authority of the township treasurer

23  and trustees of schools of the township in which those

24  offices are sought to be abolished shall vote at the

25  consolidated election on the proposition to abolish the

26  offices of township treasurer and trustee of schools of
    SB2394 Enrolled          - 1325 - LRB104 09208 AMC 19265 b

1   that township. If a majority of the electors in all of the

2   school districts combined voting on the proposition vote

3   in favor of the proposition, then the proposition shall be

4   deemed to have passed; but if a majority of the electors

5   voting on the proposition in all of the school district

6   fails to vote in favor of the proposition as submitted to

7   them, then the proposition shall not be deemed to have

8   passed and the offices of township treasurer and trustee

9   of schools of the township in which those offices were

10  sought to be abolished shall not be abolished, unless and

11  until the proceedings detailed in paragraphs (1) through

12  (3) of this subsection and the conditions set forth in

13  this paragraph are met.

14  If the proposition to abolish the offices of township

15 treasurer and trustee of schools of a township is deemed to

16 have passed at the consolidated election as provided in this

17 subsection, those offices shall be deemed abolished by

18 operation of law effective on January 1 of the calendar year

19 immediately following the calendar year in which that

20 consolidated election is held, provided that if after the

21 election, the trustees of schools by resolution elect to

22 abolish the offices of township treasurer and trustee of

23 schools effective on July 1 immediately following the

24 election, then the offices shall be abolished on July 1

25 immediately following the election. On the date that the

26 offices of township treasurer and trustee of schools of a
SB2394 Enrolled  - 1326 - LRB104 09208 AMC 19265 b

 1 township are deemed abolished by operation of law, the school
 2 board of each elementary and unit school district and the
 3 school board of each high school district that is subject to
 4 the jurisdiction and authority of the township treasurer and
 5 trustees of schools of that township at the time those offices
 6 are abolished: (i) shall appoint its own school treasurer as
 7 provided in Section 8-1; and (ii) unless the term of the
 8 contract of a township treasurer expires on the date that the
 9 office of township treasurer is abolished, shall pay to the
10 former township treasurer its proportionate share of any
11 aggregate compensation that, were the office of township
12 treasurer not abolished at that time, would have been payable
13 to the former township treasurer after that date over the
14 remainder of the term of the contract of the former township
15 treasurer that began prior to but ends after that date. In
16 addition, on the date that the offices of township treasurer
17 and trustee of schools of a township are deemed abolished as
18 provided in this subsection, the school board of each
19 elementary school, high school, and unit school district that
20 until that date is subject to the jurisdiction and authority
21 of the township treasurer and trustees of schools of that
22 township shall be deemed by operation of law to have agreed and
23 assumed to pay and, when determined, shall pay to the Illinois
24 Municipal Retirement Fund a proportionate share of the
25 unfunded liability existing in that Fund at the time these
26 offices are abolished in that calendar year for all annuities
SB2394 Enrolled  - 1327 - LRB104 09208 AMC 19265 b

 1 or other benefits then or thereafter to become payable from
 2 that Fund with respect to all periods of service performed
 3 prior to that date as a participating employee in that Fund by
 4 persons serving during those periods of service as a trustee
 5 of schools, township treasurer or regular employee in the
 6 office of the township treasurer of that township. That
 7 unfunded liability shall be actuarially determined by the
 8 board of trustees of the Illinois Municipal Retirement Fund,
 9 and the board of trustees shall thereupon notify each school
10 board required to pay a proportionate share of that unfunded
11 liability of the aggregate amount of the unfunded liability so
12 determined. The amount so paid to the Illinois Municipal
13 Retirement Fund by each of those school districts shall be
14 credited to the account of the township in that Fund. For each
15 elementary school, high school, and unit school district under
16 the jurisdiction and authority of a township treasurer and
17 trustees of schools of a township in which those offices are
18 abolished as provided in this subsection, each such district's
19 proportionate share of the aggregate compensation payable to
20 the former township treasurer as provided in this paragraph
21 and each such district's proportionate share of the aggregate
22 amount of the unfunded liability payable to the Illinois
23 Municipal Retirement Fund as provided in this paragraph shall
24 be computed in accordance with the ratio that the number of
25 pupils in average daily attendance in each such district for
26 the school year last ending prior to the date on which the
   SB2394 Enrolled  - 1328 - LRB104 09208 AMC 19265 b

1 offices of township treasurer and trustee of schools of that

2 township are abolished bears to the aggregate number of pupils

3 in average daily attendance in all of those districts as so

4 reported for that school year.

5  Upon abolition of the offices of township treasurer and

6 trustee of schools of a township as provided in this

7 subsection: (i) the regional board of school trustees, in its

8 corporate capacity, shall be deemed the successor in interest

9 to the former trustees of schools of that township with

10 respect to the common school lands and township loanable funds

11 of the township; (ii) all right, title, and interest existing

12 or vested in the former trustees of schools of that township in

13 the common school lands and township loanable funds of the

14 township, and all records, moneys, securities and other

15 assets, rights of property and causes of action pertaining to

16 or constituting a part of those common school lands or

17 township loanable funds, shall be transferred to and deemed

18 vested by operation of law in the regional board of school

19 trustees, which shall hold legal title to, manage, and operate

20 all common school lands and township loanable funds of the

21 township, receive the rents, issues, and profits therefrom,

22 and have and exercise with respect thereto the same powers and

23 duties as are provided by this Code to be exercised by regional

24 boards of school trustees when acting as township land

25 commissioners in counties having at least 220,000 but fewer

26 than 2,000,000 inhabitants; (iii) the regional board of school
SB2394 Enrolled  - 1329 - LRB104 09208 AMC 19265 b

 1 trustees shall select to serve as its treasurer with respect
 2 to the common school lands and township loanable funds of the
 3 township a person from time to time also serving as the
 4 appointed school treasurer of any school district that was
 5 subject to the jurisdiction and authority of the township
 6 treasurer and trustees of schools of that township at the time
 7 those offices were abolished, and the person selected to also
 8 serve as treasurer of the regional board of school trustees
 9 shall have his compensation for services in that capacity
10 fixed by the regional board of school trustees, to be paid from
11 the township loanable funds, and shall make to the regional
12 board of school trustees the reports required to be made by
13 treasurers of township land commissioners, give bond as
14 required by treasurers of township land commissioners, and
15 perform the duties and exercise the powers of treasurers of
16 township land commissioners; (iv) the regional board of school
17 trustees shall designate in the manner provided by Section
18 8-7, insofar as applicable, a depositary for its treasurer,
19 and the proceeds of all rents, issues, and profits from the
20 common school lands and township loanable funds of that
21 township shall be deposited and held in the account maintained
22 for those purposes with that depositary and shall be expended
23 and distributed therefrom as provided in Section 15-24 and
24 other applicable provisions of this Code; and (v) whenever
25 there is vested in the trustees of schools of a township at the
26 time that office is abolished under this subsection the legal
    SB2394 Enrolled  - 1330 - LRB104 09208 AMC 19265 b

1 title to any school buildings or school sites used or occupied

2 for school purposes by any elementary school, high school, or

3 unit school district subject to the jurisdiction and authority

4 of those trustees of school at the time that office is

5 abolished, the legal title to those school buildings and

6 school sites shall be deemed transferred by operation of law

7 to and invested in the school board of that school district, in

8 its corporate capacity under Section 10-22.35B of this Code,

9 the same to be held, sold, exchanged, leased, or otherwise

10 transferred in accordance with applicable provisions of this

11 Code.

12  Notwithstanding Section 2-3.25g of this Code, a waiver of

13 a mandate established under this Section may not be requested.

14  (d) Notwithstanding any other provision of law, any school

15 district that forms a part of a Class II county school unit

16 may, by a resolution adopted by at least two-thirds of the

17 members of the school board of a school district, withdraw a

18 school district from the jurisdiction and authority of the

19 trustees of schools of the township in which such school

20 district is located and from the jurisdiction and authority of

21 the township treasurer of the township in which such school

22 district is located, provided that the school board of the

23 school district shall, upon the adoption and passage of such

24 resolution, thereupon elect or appoint its own school

25 treasurer as provided in Section 8-1 of this Code. The

26 appointed school treasurer may include a township treasurer.
    SB2394 Enrolled     - 1331 - LRB104 09208 AMC 19265 b

1 The school board may enter into a contractual or

2 intergovernmental agreement with an appointed school treasurer

3 for school treasurer services.

4   Upon adoption and passage of the resolution and the

5 election or appointment by the school board of its own school

6 treasurer commencing with the first day of the succeeding

7 fiscal year, but not prior to July 1, 2025: (1) the trustees of

8 schools in the township or townships shall no longer have or

9 exercise any powers or duties with respect to the school

10 district or with respect to the school business, operations,

11 or assets of the school district; (2) all books and records of

12 the trustees of schools and all moneys, securities, loanable

13 funds, and other assets relating to the school business and

14 affairs of the school district shall be transferred and

15 delivered to the school board; and (3) all legal title to and

16 all right, title, and interest formerly held by the trustees

17 of schools in any common school lands, school buildings, or

18 school sites used and occupied by the school board and all

19 rights of property and causes of action pertaining to or

20 constituting a part of the common school lands, buildings, or

21 sites shall be deemed transferred by operation of law to and

22 shall vest in the school board.

23 (Source: P.A. 103-144, eff. 6-30-23; 103-790, eff. 8-9-24;

24 revised 10-21-24.)

25  (105 ILCS 5/5-2.2)
    SB2394 Enrolled  - 1332 - LRB104 09208 AMC 19265 b

1   Sec. 5-2.2. Designation of trustees. After the April 5,

2 2011 consolidated election, the trustees of schools in

3 Township 36 North, Range 13 East shall no longer be elected

4 pursuant to the provisions of Sections 5-2, 5-2.1, 5-3, 5-4,

5 5-12, and 5-13 of this Code. Any such trustees elected before

6 such date may complete the term to which that trustee was

7 elected, but shall not be succeeded by election. Instead, the

8 board of education or board of school directors of each of the

9 elementary and high school districts that are subject to the

10 jurisdiction of Township 36 North, Range 13 East shall appoint

11 one of the members to serve as trustee of schools. The trustees

12 of schools shall be appointed by each board of education or

13 board of school directors within 60 days after December 8,

14 2011 (the effective date of Public Act 97-631) this amendatory

15 Act of the 97th General Assembly and shall reorganize within

16 30 days after all the trustees of schools have been appointed

17 or within 30 days after all the trustees of schools were due to

18 have been appointed, whichever is sooner. Trustees of schools

19 so appointed shall serve at the pleasure of the board of

20 education or board of school directors appointing them, but in

21 no event longer than 2 years unless reappointed.

22  After the April 4, 2023 consolidated election, no trustees

23 of schools shall be elected. Any trustees elected or appointed

24 on or before April 4, 2023 may complete the term to which that

25 trustee was trustees elected or appointed, but may not be

26 succeeded by election. Each school board of each school
    SB2394 Enrolled  - 1333 - LRB104 09208 AMC 19265 b

1 district that is a part of a Class II county school unit shall

2 appoint one member of the school board or one school employee

3 to serve as trustee of schools of the township in which such

4 school district is located. The trustees of schools shall be

5 appointed by each school board within 60 days after August 9,

6 2024 (the effective date of Public Act 103-790) this

7 amendatory Act of the 103rd General Assembly and shall

8 reorganize within 30 days after all the trustees of schools

9 have been appointed or within 90 days after August 9, 2024 (the

10 effective date of Public Act 103-790) this amendatory Act of

11 the 103rd General Assembly, whichever is sooner. A trustee of

12 schools shall serve at the pleasure of the school board that

13 appointed the trustee of schools but may not serve as a trustee

14 of schools for longer than 2 years unless reappointed by the

15 school board.

16  A majority of members of the trustees of schools shall

17 constitute a quorum for the transaction of business. The

18 trustees shall organize by appointing one of their number

19 president, who shall hold the office for 2 years. If the

20 president is absent from any meeting, or refuses to perform

21 any of the duties of the office, a president pro-tempore may be

22 appointed. Trustees who serve on the board as a result of

23 appointment or election at the time of the reorganization

24 shall continue to serve as a member of the trustees of schools,

25 with no greater or lesser authority than any other trustee,

26 until such time as their elected term expires.
    SB2394 Enrolled      - 1334 - LRB104 09208 AMC 19265 b

1   Each trustee of schools appointed by a board of education

2 or board of school directors shall be entitled to

3 indemnification and protection against claims and suits by the

4 board that appointed that trustee of schools for acts or

5 omissions as a trustee of schools in the same manner and to the

6 same extent as the trustee of schools is entitled to

7 indemnification and protection for acts or omissions as a

8 member of the board of education or board of school directors

9 under Section 10-20.20 of this Code.

10 (Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.)

11  (105 ILCS 5/5-13) (from Ch. 122, par. 5-13)

12  Sec. 5-13. Term of office of trustees. In townships

13 already organized, the school trustee shall be elected in each

14 odd numbered year for a term of 6 years to succeed the trustee

15 whose term expires in such odd numbered year.

16  The first-elected trustees in a newly organized township

17 shall at their first meeting cast lots for their respective

18 terms of office, for 2, 4, and 6 years; and thereafter one 1

19 trustee shall be elected in each odd-numbered year.

20  This Section is inoperative on and after August 9, 2024

21 (the effective date of Public Act 103-790) this amendatory Act

22 of the 103rd General Assembly.

23 (Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.)

24  (105 ILCS 5/10-16a)
    SB2394 Enrolled  - 1335 - LRB104 09208 AMC 19265 b

1   (Text of Section before amendment by P.A. 103-771)

2   Sec. 10-16a. School board member's leadership training.

3   (a) This Section applies to all school board members

4 serving pursuant to Section 10-10 of this Code who have been

5 elected after the effective date of this amendatory Act of the

6 97th General Assembly or appointed to fill a vacancy of at

7 least one year's duration after the effective date of this

8 amendatory Act of the 97th General Assembly.

9   (a-5) In this Section, "trauma" has the meaning ascribed

10 to that term in subsection (b) of Section 3-11 of this Code.

11  (b) Every voting member of a school board of a school

12 district elected or appointed for a term beginning after the

13 effective date of this amendatory Act of the 97th General

14 Assembly, within a year after the effective date of this

15 amendatory Act of the 97th General Assembly or the first year

16 of his or her first term, shall complete a minimum of 4 hours

17 of professional development leadership training covering

18 topics in education and labor law, financial oversight and

19 accountability, fiduciary responsibilities of a school board

20 member, and, beginning with the 2023-2024 school year,

21 trauma-informed practices for students and staff. The school

22 district shall maintain on its Internet website, if any, the

23 names of all voting members of the school board who have

24 successfully completed the training.

25  (b-5) The training regarding trauma-informed practices for

26 students and staff required by this Section must include
    SB2394 Enrolled       - 1336 - LRB104 09208 AMC 19265 b

1 information that is relevant to and within the scope of the

2 duties of a school board member. Such information may include,

3 but is not limited to:

4   (1) the recognition of and care for trauma in students

5   and staff;

6   (2) the relationship between staff wellness and

7   student learning;

8   (3) the effect of trauma on student behavior and

9   learning;

10  (4) the prevalence of trauma among students, including

11  the prevalence of trauma among student populations at

12  higher risk of experiencing trauma;

13  (5) the effects of implicit or explicit bias on

14  recognizing trauma among various student groups in

15  connection with race, ethnicity, gender identity, sexual

16  orientation, socio-economic status, and other relevant

17  factors; and

18  (6) effective district and school practices that are

19  shown to:

20  (A) prevent and mitigate the negative effect of

21  trauma on student behavior and learning; and

22  (B) support the emotional wellness of staff.

23  (c) The training on financial oversight, accountability,

24 fiduciary responsibilities, and, beginning with the 2023-24

25 school year, trauma-informed practices for students and staff

26 may be provided by an association established under this Code
    SB2394 Enrolled  - 1337 - LRB104 09208 AMC 19265 b

1 for the purpose of training school board members or by other

2 qualified providers approved by the State Board of Education,

3 in consultation with an association so established.

4   (d) The State Board of Education may adopt rules that are

5 necessary for the administration of the provisions of this

6 Section.

7 (Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24.)

8   (Text of Section after amendment by P.A. 103-771)

9   Sec. 10-16a. School board member's training.

10  (a) This Section applies to all school board members

11 serving pursuant to Section 10-10 of this Code.

12  (a-5) In this Section, "trauma" has the meaning ascribed

13 to that term in subsection (b) of Section 3-11 of this Code.

14  (b) Every voting member of a school board of a school

15 district, within the first year of his or her first term, shall

16 complete a minimum of 4 hours of professional development and

17 leadership training covering topics in education and labor

18 law, financial oversight and accountability, fiduciary

19 responsibilities of a school board member, trauma-informed

20 practices for students and staff, and, improving student

21 outcomes. The school district shall maintain on its Internet

22 website, if any, the names of all voting members of the school

23 board who have successfully completed the training.

24  (b-5) The training regarding trauma-informed practices for

25 students and staff required by this Section must include
    SB2394 Enrolled       - 1338 - LRB104 09208 AMC 19265 b

1 information that is relevant to and within the scope of the

2 duties of a school board member. Such information may include,

3 but is not limited to:

4   (1) the recognition of and care for trauma in students

5   and staff;

6   (2) the relationship between staff wellness and

7   student learning;

8   (3) the effect of trauma on student behavior and

9   learning;

10  (4) the prevalence of trauma among students, including

11  the prevalence of trauma among student populations at

12  higher risk of experiencing trauma;

13  (5) the effects of implicit or explicit bias on

14  recognizing trauma among various student groups in

15  connection with race, ethnicity, gender identity, sexual

16  orientation, socio-economic status, and other relevant

17  factors; and

18  (6) effective district and school practices that are

19  shown to:

20  (A) prevent and mitigate the negative effect of

21  trauma on student behavior and learning; and

22  (B) support the emotional wellness of staff.

23  (b-10) The training regarding improving student outcomes

24 required by this Section must include information that is

25 relevant to and within the scope of the duties of a school

26 board member.
    SB2394 Enrolled        - 1339 - LRB104 09208 AMC 19265 b

1   (c) The training on financial oversight, accountability,

2 fiduciary responsibilities, trauma-informed practices for

3 students and staff, and improving student outcomes shall be

4 provided by a statewide association established under this

5 Code for the purpose of training school board members or by

6 other qualified providers approved by the State Board of

7 Education, in consultation with an association so established.

8   (d) The State Board of Education may adopt rules that are

9 necessary for the administration of the provisions of this

10 Section.

11 (Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24;

12 103-771, eff. 6-1-25; revised 10-21-24.)

13  (105 ILCS 5/10-22.3f)

14  Sec. 10-22.3f. Required health benefits. Insurance

15 protection and benefits for employees shall provide the

16 post-mastectomy care benefits required to be covered by a

17 policy of accident and health insurance under Section 356t and

18 the coverage required under Sections 356g, 356g.5, 356g.5-1,

19 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,

20 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,

21 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,

22 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,

23 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,

24 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and

25 356z.71, 356z.74, and 356z.77 of the Illinois Insurance Code.
    SB2394 Enrolled  - 1340 - LRB104 09208 AMC 19265 b

1 Insurance policies shall comply with Section 356z.19 of the

2 Illinois Insurance Code. The coverage shall comply with

3 Sections 155.22a, 355b, and 370c of the Illinois Insurance

4 Code. The Department of Insurance shall enforce the

5 requirements of this Section.

6   Rulemaking authority to implement Public Act 95-1045, if

7 any, is conditioned on the rules being adopted in accordance

8 with all provisions of the Illinois Administrative Procedure

9 Act and all rules and procedures of the Joint Committee on

10 Administrative Rules; any purported rule not so adopted, for

11 whatever reason, is unauthorized.

12 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

13 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.

14 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,

15 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

16 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.

17 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,

18 eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;

19 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff.

20 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918,

21 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

22  (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

23  (Text of Section before amendment by P.A. 102-466)

24  Sec. 10-22.6. Suspension or expulsion of students; school

25 searches.
   SB2394 Enrolled  - 1341 - LRB104 09208 AMC 19265 b

1  (a) To expel students guilty of gross disobedience or

2 misconduct, including gross disobedience or misconduct

3 perpetuated by electronic means, pursuant to subsection (b-20)

4 of this Section, and no action shall lie against them for such

5 expulsion. Expulsion shall take place only after the parents

6 have been requested to appear at a meeting of the board, or

7 with a hearing officer appointed by it, to discuss their

8 child's behavior. Such request shall be made by registered or

9 certified mail and shall state the time, place and purpose of

10 the meeting. The board, or a hearing officer appointed by it,

11 at such meeting shall state the reasons for dismissal and the

12 date on which the expulsion is to become effective. If a

13 hearing officer is appointed by the board, the hearing officer

14 shall report to the board a written summary of the evidence

15 heard at the meeting and the board may take such action thereon

16 as it finds appropriate. If the board acts to expel a student,

17 the written expulsion decision shall detail the specific

18 reasons why removing the student from the learning environment

19 is in the best interest of the school. The expulsion decision

20 shall also include a rationale as to the specific duration of

21 the expulsion. An expelled student may be immediately

22 transferred to an alternative program in the manner provided

23 in Article 13A or 13B of this Code. A student must not be

24 denied transfer because of the expulsion, except in cases in

25 which such transfer is deemed to cause a threat to the safety

26 of students or staff in the alternative program.
    SB2394 Enrolled  - 1342 - LRB104 09208 AMC 19265 b

1   (b) To suspend or by policy to authorize the

2 superintendent of the district or the principal, assistant

3 principal, or dean of students of any school to suspend

4 students guilty of gross disobedience or misconduct, or to

5 suspend students guilty of gross disobedience or misconduct on

6 the school bus from riding the school bus, pursuant to

7 subsections (b-15) and (b-20) of this Section, and no action

8 shall lie against them for such suspension. The board may by

9 policy authorize the superintendent of the district or the

10 principal, assistant principal, or dean of students of any

11 school to suspend students guilty of such acts for a period not

12 to exceed 10 school days. If a student is suspended due to

13 gross disobedience or misconduct on a school bus, the board

14 may suspend the student in excess of 10 school days for safety

15 reasons.

16  Any suspension shall be reported immediately to the

17 parents or guardian of a student along with a full statement of

18 the reasons for such suspension and a notice of their right to

19 a review. The school board must be given a summary of the

20 notice, including the reason for the suspension and the

21 suspension length. Upon request of the parents or guardian,

22 the school board or a hearing officer appointed by it shall

23 review such action of the superintendent or principal,

24 assistant principal, or dean of students. At such review, the

25 parents or guardian of the student may appear and discuss the

26 suspension with the board or its hearing officer. If a hearing
    SB2394 Enrolled            - 1343 - LRB104 09208 AMC 19265 b

1 officer is appointed by the board, he shall report to the board

2 a written summary of the evidence heard at the meeting. After

3 its hearing or upon receipt of the written report of its

4 hearing officer, the board may take such action as it finds

5 appropriate. If a student is suspended pursuant to this

6 subsection (b), the board shall, in the written suspension

7 decision, detail the specific act of gross disobedience or

8 misconduct resulting in the decision to suspend. The

9 suspension decision shall also include a rationale as to the

10 specific duration of the suspension.

11  (b-5) Among the many possible disciplinary interventions

12 and consequences available to school officials, school

13 exclusions, such as out-of-school suspensions and expulsions,

14 are the most serious. School officials shall limit the number

15 and duration of expulsions and suspensions to the greatest

16 extent practicable, and it is recommended that they use them

17 only for legitimate educational purposes. To ensure that

18 students are not excluded from school unnecessarily, it is

19 recommended that school officials consider forms of

20 non-exclusionary discipline prior to using out-of-school

21 suspensions or expulsions.

22  (b-10) Unless otherwise required by federal law or this

23 Code, school boards may not institute zero-tolerance policies

24 by which school administrators are required to suspend or

25 expel students for particular behaviors.

26  (b-15) Out-of-school suspensions of 3 days or less may be
    SB2394 Enrolled  - 1344 - LRB104 09208 AMC 19265 b

1 used only if the student's continuing presence in school would

2 pose a threat to school safety or a disruption to other

3 students' learning opportunities. For purposes of this

4 subsection (b-15), "threat to school safety or a disruption to

5 other students' learning opportunities" shall be determined on

6 a case-by-case basis by the school board or its designee.

7 School officials shall make all reasonable efforts to resolve

8 such threats, address such disruptions, and minimize the

9 length of suspensions to the greatest extent practicable.

10  (b-20) Unless otherwise required by this Code,

11 out-of-school suspensions of longer than 3 days, expulsions,

12 and disciplinary removals to alternative schools may be used

13 only if other appropriate and available behavioral and

14 disciplinary interventions have been exhausted and the

15 student's continuing presence in school would either (i) pose

16 a threat to the safety of other students, staff, or members of

17 the school community or (ii) substantially disrupt, impede, or

18 interfere with the operation of the school. For purposes of

19 this subsection (b-20), "threat to the safety of other

20 students, staff, or members of the school community" and

21 "substantially disrupt, impede, or interfere with the

22 operation of the school" shall be determined on a case-by-case

23 basis by school officials. For purposes of this subsection

24 (b-20), the determination of whether "appropriate and

25 available behavioral and disciplinary interventions have been

26 exhausted" shall be made by school officials. School officials
    SB2394 Enrolled  - 1345 - LRB104 09208 AMC 19265 b

1 shall make all reasonable efforts to resolve such threats,

2 address such disruptions, and minimize the length of student

3 exclusions to the greatest extent practicable. Within the

4 suspension decision described in subsection (b) of this

5 Section or the expulsion decision described in subsection (a)

6 of this Section, it shall be documented whether other

7 interventions were attempted or whether it was determined that

8 there were no other appropriate and available interventions.

9   (b-25) Students who are suspended out-of-school for longer

10 than 3 school days shall be provided appropriate and available

11 support services during the period of their suspension. For

12 purposes of this subsection (b-25), "appropriate and available

13 support services" shall be determined by school authorities.

14 Within the suspension decision described in subsection (b) of

15 this Section, it shall be documented whether such services are

16 to be provided or whether it was determined that there are no

17 such appropriate and available services.

18  A school district may refer students who are expelled to

19 appropriate and available support services.

20  A school district shall create a policy to facilitate the

21 re-engagement of students who are suspended out-of-school,

22 expelled, or returning from an alternative school setting. In

23 consultation with stakeholders deemed appropriate by the State

24 Board of Education, the State Board of Education shall draft

25 and publish guidance for the re-engagement of students who are

26 suspended out-of-school, expelled, or returning from an
    SB2394 Enrolled  - 1346 - LRB104 09208 AMC 19265 b

1 alternative school setting in accordance with this Section and

2 Section 13A-4 on or before July 1, 2025.

3   (b-30) A school district shall create a policy by which

4 suspended students, including those students suspended from

5 the school bus who do not have alternate transportation to

6 school, shall have the opportunity to make up work for

7 equivalent academic credit. It shall be the responsibility of

8 a student's parent or guardian to notify school officials that

9 a student suspended from the school bus does not have

10 alternate transportation to school.

11  (c) A school board must invite a representative from a

12 local mental health agency to consult with the board at the

13 meeting whenever there is evidence that mental illness may be

14 the cause of a student's expulsion or suspension.

15  (c-5) School districts shall make reasonable efforts to

16 provide ongoing professional development to all school

17 personnel, school board members, and school resource officers,

18 on the requirements of this Section and Section 10-20.14, the

19 adverse consequences of school exclusion and justice-system

20 involvement, effective classroom management strategies,

21 culturally responsive discipline, trauma-responsive learning

22 environments, as defined in subsection (b) of Section 3-11,

23 the appropriate and available supportive services for the

24 promotion of student attendance and engagement, and

25 developmentally appropriate disciplinary methods that promote

26 positive and healthy school climates.
    SB2394 Enrolled  - 1347 - LRB104 09208 AMC 19265 b

1   (d) The board may expel a student for a definite period of

2 time not to exceed 2 calendar years, as determined on a

3 case-by-case basis. A student who is determined to have

4 brought one of the following objects to school, any

5 school-sponsored activity or event, or any activity or event

6 that bears a reasonable relationship to school shall be

7 expelled for a period of not less than one year:

8   (1) A firearm. For the purposes of this Section,

9   "firearm" means any gun, rifle, shotgun, weapon as defined

10  by Section 921 of Title 18 of the United States Code,

11  firearm as defined in Section 1.1 of the Firearm Owners

12  Identification Card Act, or firearm as defined in Section

13  24-1 of the Criminal Code of 2012. The expulsion period

14  under this subdivision (1) may be modified by the

15  superintendent, and the superintendent's determination may

16  be modified by the board on a case-by-case basis.

17  (2) A knife, brass knuckles or other knuckle weapon

18  regardless of its composition, a billy club, or any other

19  object if used or attempted to be used to cause bodily

20  harm, including "look alikes" of any firearm as defined in

21  subdivision (1) of this subsection (d). The expulsion

22  requirement under this subdivision (2) may be modified by

23  the superintendent, and the superintendent's determination

24  may be modified by the board on a case-by-case basis.

25 Expulsion or suspension shall be construed in a manner

26 consistent with the federal Individuals with Disabilities
    SB2394 Enrolled            - 1348 - LRB104 09208 AMC 19265 b

1 Education Act. A student who is subject to suspension or

2 expulsion as provided in this Section may be eligible for a

3 transfer to an alternative school program in accordance with

4 Article 13A of the School Code.

5   (d-5) The board may suspend or by regulation authorize the

6 superintendent of the district or the principal, assistant

7 principal, or dean of students of any school to suspend a

8 student for a period not to exceed 10 school days or may expel

9 a student for a definite period of time not to exceed 2

10 calendar years, as determined on a case-by-case basis, if (i)

11 that student has been determined to have made an explicit

12 threat on an Internet website against a school employee, a

13 student, or any school-related personnel, (ii) the Internet

14 website through which the threat was made is a site that was

15 accessible within the school at the time the threat was made or

16 was available to third parties who worked or studied within

17 the school grounds at the time the threat was made, and (iii)

18 the threat could be reasonably interpreted as threatening to

19 the safety and security of the threatened individual because

20 of the individual's duties or employment status or status as a

21 student inside the school.

22  (e) To maintain order and security in the schools, school

23 authorities may inspect and search places and areas such as

24 lockers, desks, parking lots, and other school property and

25 equipment owned or controlled by the school, as well as

26 personal effects left in those places and areas by students,
    SB2394 Enrolled  - 1349 - LRB104 09208 AMC 19265 b

1 without notice to or the consent of the student, and without a

2 search warrant. As a matter of public policy, the General

3 Assembly finds that students have no reasonable expectation of

4 privacy in these places and areas or in their personal effects

5 left in these places and areas. School authorities may request

6 the assistance of law enforcement officials for the purpose of

7 conducting inspections and searches of lockers, desks, parking

8 lots, and other school property and equipment owned or

9 controlled by the school for illegal drugs, weapons, or other

10 illegal or dangerous substances or materials, including

11 searches conducted through the use of specially trained dogs.

12 If a search conducted in accordance with this Section produces

13 evidence that the student has violated or is violating either

14 the law, local ordinance, or the school's policies or rules,

15 such evidence may be seized by school authorities, and

16 disciplinary action may be taken. School authorities may also

17 turn over such evidence to law enforcement authorities.

18  (f) Suspension or expulsion may include suspension or

19 expulsion from school and all school activities and a

20 prohibition from being present on school grounds.

21  (g) A school district may adopt a policy providing that if

22 a student is suspended or expelled for any reason from any

23 public or private school in this or any other state, the

24 student must complete the entire term of the suspension or

25 expulsion in an alternative school program under Article 13A

26 of this Code or an alternative learning opportunities program
    SB2394 Enrolled      - 1350 - LRB104 09208 AMC 19265 b

1 under Article 13B of this Code before being admitted into the

2 school district if there is no threat to the safety of students

3 or staff in the alternative program.

4   (h) School officials shall not advise or encourage

5 students to drop out voluntarily due to behavioral or academic

6 difficulties.

7   (i) A student may not be issued a monetary fine or fee as a

8 disciplinary consequence, though this shall not preclude

9 requiring a student to provide restitution for lost, stolen,

10 or damaged property.

11  (j) Subsections (a) through (i) of this Section shall

12 apply to elementary and secondary schools, charter schools,

13 special charter districts, and school districts organized

14 under Article 34 of this Code.

15  (k) The expulsion of students enrolled in programs funded

16 under Section 1C-2 of this Code is subject to the requirements

17 under paragraph (7) of subsection (a) of Section 2-3.71 of

18 this Code.

19  (l) An in-school suspension program provided by a school

20 district for any students in kindergarten through grade 12 may

21 focus on promoting non-violent conflict resolution and

22 positive interaction with other students and school personnel.

23 A school district may employ a school social worker or a

24 licensed mental health professional to oversee an in-school

25 suspension program in kindergarten through grade 12.

26 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
   SB2394 Enrolled  - 1351 - LRB104 09208 AMC 19265 b

1 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)

2  (Text of Section after amendment by P.A. 102-466)

3  Sec. 10-22.6. Suspension or expulsion of students; school

4 searches.

5  (a) To expel students guilty of gross disobedience or

6 misconduct, including gross disobedience or misconduct

7 perpetuated by electronic means, pursuant to subsection (b-20)

8 of this Section, and no action shall lie against them for such

9 expulsion. Expulsion shall take place only after the parents

10 or guardians have been requested to appear at a meeting of the

11 board, or with a hearing officer appointed by it, to discuss

12 their child's behavior. Such request shall be made by

13 registered or certified mail and shall state the time, place

14 and purpose of the meeting. The board, or a hearing officer

15 appointed by it, at such meeting shall state the reasons for

16 dismissal and the date on which the expulsion is to become

17 effective. If a hearing officer is appointed by the board, the

18 hearing officer shall report to the board a written summary of

19 the evidence heard at the meeting and the board may take such

20 action thereon as it finds appropriate. If the board acts to

21 expel a student, the written expulsion decision shall detail

22 the specific reasons why removing the student from the

23 learning environment is in the best interest of the school.

24 The expulsion decision shall also include a rationale as to

25 the specific duration of the expulsion. An expelled student
    SB2394 Enrolled  - 1352 - LRB104 09208 AMC 19265 b

1 may be immediately transferred to an alternative program in

2 the manner provided in Article 13A or 13B of this Code. A

3 student must not be denied transfer because of the expulsion,

4 except in cases in which such transfer is deemed to cause a

5 threat to the safety of students or staff in the alternative

6 program.

7   (b) To suspend or by policy to authorize the

8 superintendent of the district or the principal, assistant

9 principal, or dean of students of any school to suspend

10 students guilty of gross disobedience or misconduct, or to

11 suspend students guilty of gross disobedience or misconduct on

12 the school bus from riding the school bus, pursuant to

13 subsections (b-15) and (b-20) of this Section, and no action

14 shall lie against them for such suspension. The board may by

15 policy authorize the superintendent of the district or the

16 principal, assistant principal, or dean of students of any

17 school to suspend students guilty of such acts for a period not

18 to exceed 10 school days. If a student is suspended due to

19 gross disobedience or misconduct on a school bus, the board

20 may suspend the student in excess of 10 school days for safety

21 reasons.

22  Any suspension shall be reported immediately to the

23 parents or guardians of a student along with a full statement

24 of the reasons for such suspension and a notice of their right

25 to a review. The school board must be given a summary of the

26 notice, including the reason for the suspension and the
    SB2394 Enrolled  - 1353 - LRB104 09208 AMC 19265 b

1 suspension length. Upon request of the parents or guardians,

2 the school board or a hearing officer appointed by it shall

3 review such action of the superintendent or principal,

4 assistant principal, or dean of students. At such review, the

5 parents or guardians of the student may appear and discuss the

6 suspension with the board or its hearing officer. If a hearing

7 officer is appointed by the board, he shall report to the board

8 a written summary of the evidence heard at the meeting. After

9 its hearing or upon receipt of the written report of its

10 hearing officer, the board may take such action as it finds

11 appropriate. If a student is suspended pursuant to this

12 subsection (b), the board shall, in the written suspension

13 decision, detail the specific act of gross disobedience or

14 misconduct resulting in the decision to suspend. The

15 suspension decision shall also include a rationale as to the

16 specific duration of the suspension.

17  (b-5) Among the many possible disciplinary interventions

18 and consequences available to school officials, school

19 exclusions, such as out-of-school suspensions and expulsions,

20 are the most serious. School officials shall limit the number

21 and duration of expulsions and suspensions to the greatest

22 extent practicable, and it is recommended that they use them

23 only for legitimate educational purposes. To ensure that

24 students are not excluded from school unnecessarily, it is

25 recommended that school officials consider forms of

26 non-exclusionary discipline prior to using out-of-school
    SB2394 Enrolled           - 1354 - LRB104 09208 AMC 19265 b

1 suspensions or expulsions.

2   (b-10) Unless otherwise required by federal law or this

3 Code, school boards may not institute zero-tolerance policies

4 by which school administrators are required to suspend or

5 expel students for particular behaviors.

6   (b-15) Out-of-school suspensions of 3 days or less may be

7 used only if the student's continuing presence in school would

8 pose a threat to school safety or a disruption to other

9 students' learning opportunities. For purposes of this

10 subsection (b-15), "threat to school safety or a disruption to

11 other students' learning opportunities" shall be determined on

12 a case-by-case basis by the school board or its designee.

13 School officials shall make all reasonable efforts to resolve

14 such threats, address such disruptions, and minimize the

15 length of suspensions to the greatest extent practicable.

16  (b-20) Unless otherwise required by this Code,

17 out-of-school suspensions of longer than 3 days, expulsions,

18 and disciplinary removals to alternative schools may be used

19 only if other appropriate and available behavioral and

20 disciplinary interventions have been exhausted and the

21 student's continuing presence in school would either (i) pose

22 a threat to the safety of other students, staff, or members of

23 the school community or (ii) substantially disrupt, impede, or

24 interfere with the operation of the school. For purposes of

25 this subsection (b-20), "threat to the safety of other

26 students, staff, or members of the school community" and
    SB2394 Enrolled  - 1355 - LRB104 09208 AMC 19265 b

1 "substantially disrupt, impede, or interfere with the

2 operation of the school" shall be determined on a case-by-case

3 basis by school officials. For purposes of this subsection

4 (b-20), the determination of whether "appropriate and

5 available behavioral and disciplinary interventions have been

6 exhausted" shall be made by school officials. School officials

7 shall make all reasonable efforts to resolve such threats,

8 address such disruptions, and minimize the length of student

9 exclusions to the greatest extent practicable. Within the

10 suspension decision described in subsection (b) of this

11 Section or the expulsion decision described in subsection (a)

12 of this Section, it shall be documented whether other

13 interventions were attempted or whether it was determined that

14 there were no other appropriate and available interventions.

15  (b-25) Students who are suspended out-of-school for longer

16 than 3 school days shall be provided appropriate and available

17 support services during the period of their suspension. For

18 purposes of this subsection (b-25), "appropriate and available

19 support services" shall be determined by school authorities.

20 Within the suspension decision described in subsection (b) of

21 this Section, it shall be documented whether such services are

22 to be provided or whether it was determined that there are no

23 such appropriate and available services.

24  A school district may refer students who are expelled to

25 appropriate and available support services.

26  A school district shall create a policy to facilitate the
    SB2394 Enrolled  - 1356 - LRB104 09208 AMC 19265 b

1 re-engagement of students who are suspended out-of-school,

2 expelled, or returning from an alternative school setting. In

3 consultation with stakeholders deemed appropriate by the State

4 Board of Education, the State Board of Education shall draft

5 and publish guidance for the re-engagement of students who are

6 suspended out-of-school, expelled, or returning from an

7 alternative school setting in accordance with this Section and

8 Section 13A-4 on or before July 1, 2025.

9   (b-30) A school district shall create a policy by which

10 suspended students, including those students suspended from

11 the school bus who do not have alternate transportation to

12 school, shall have the opportunity to make up work for

13 equivalent academic credit. It shall be the responsibility of

14 a student's parents or guardians to notify school officials

15 that a student suspended from the school bus does not have

16 alternate transportation to school.

17  (b-35) In all suspension review hearings conducted under

18 subsection (b) or expulsion hearings conducted under

19 subsection (a), a student may disclose any factor to be

20 considered in mitigation, including his or her status as a

21 parent, expectant parent, or victim of domestic or sexual

22 violence, as defined in Article 26A. A representative of the

23 parent's or guardian's choice, or of the student's choice if

24 emancipated, must be permitted to represent the student

25 throughout the proceedings and to address the school board or

26 its appointed hearing officer. With the approval of the
    SB2394 Enrolled  - 1357 - LRB104 09208 AMC 19265 b

1 student's parent or guardian, or of the student if

2 emancipated, a support person must be permitted to accompany

3 the student to any disciplinary hearings or proceedings. The

4 representative or support person must comply with any rules of

5 the school district's hearing process. If the representative

6 or support person violates the rules or engages in behavior or

7 advocacy that harasses, abuses, or intimidates either party, a

8 witness, or anyone else in attendance at the hearing, the

9 representative or support person may be prohibited from

10 further participation in the hearing or proceeding. A

11 suspension or expulsion proceeding under this subsection

12 (b-35) must be conducted independently from any ongoing

13 criminal investigation or proceeding, and an absence of

14 pending or possible criminal charges, criminal investigations,

15 or proceedings may not be a factor in school disciplinary

16 decisions.

17  (b-40) During a suspension review hearing conducted under

18 subsection (b) or an expulsion hearing conducted under

19 subsection (a) that involves allegations of sexual violence by

20 the student who is subject to discipline, neither the student

21 nor his or her representative shall directly question nor have

22 direct contact with the alleged victim. The student who is

23 subject to discipline or his or her representative may, at the

24 discretion and direction of the school board or its appointed

25 hearing officer, suggest questions to be posed by the school

26 board or its appointed hearing officer to the alleged victim.
    SB2394 Enrolled  - 1358 - LRB104 09208 AMC 19265 b

1   (c) A school board must invite a representative from a

2 local mental health agency to consult with the board at the

3 meeting whenever there is evidence that mental illness may be

4 the cause of a student's expulsion or suspension.

5   (c-5) School districts shall make reasonable efforts to

6 provide ongoing professional development to all school

7 personnel, school board members, and school resource officers

8 on the requirements of this Section and Section 10-20.14, the

9 adverse consequences of school exclusion and justice-system

10 involvement, effective classroom management strategies,

11 culturally responsive discipline, trauma-responsive learning

12 environments, as defined in subsection (b) of Section 3-11,

13 the appropriate and available supportive services for the

14 promotion of student attendance and engagement, and

15 developmentally appropriate disciplinary methods that promote

16 positive and healthy school climates.

17  (d) The board may expel a student for a definite period of

18 time not to exceed 2 calendar years, as determined on a

19 case-by-case basis. A student who is determined to have

20 brought one of the following objects to school, any

21 school-sponsored activity or event, or any activity or event

22 that bears a reasonable relationship to school shall be

23 expelled for a period of not less than one year:

24  (1) A firearm. For the purposes of this Section,

25  "firearm" means any gun, rifle, shotgun, weapon as defined

26  by Section 921 of Title 18 of the United States Code,
    SB2394 Enrolled  - 1359 - LRB104 09208 AMC 19265 b

1   firearm as defined in Section 1.1 of the Firearm Owners

2   Identification Card Act, or firearm as defined in Section

3   24-1 of the Criminal Code of 2012. The expulsion period

4   under this subdivision (1) may be modified by the

5   superintendent, and the superintendent's determination may

6   be modified by the board on a case-by-case basis.

7   (2) A knife, brass knuckles or other knuckle weapon

8   regardless of its composition, a billy club, or any other

9   object if used or attempted to be used to cause bodily

10  harm, including "look alikes" of any firearm as defined in

11  subdivision (1) of this subsection (d). The expulsion

12  requirement under this subdivision (2) may be modified by

13  the superintendent, and the superintendent's determination

14  may be modified by the board on a case-by-case basis.

15 Expulsion or suspension shall be construed in a manner

16 consistent with the federal Individuals with Disabilities

17 Education Act. A student who is subject to suspension or

18 expulsion as provided in this Section may be eligible for a

19 transfer to an alternative school program in accordance with

20 Article 13A of the School Code.

21  (d-5) The board may suspend or by regulation authorize the

22 superintendent of the district or the principal, assistant

23 principal, or dean of students of any school to suspend a

24 student for a period not to exceed 10 school days or may expel

25 a student for a definite period of time not to exceed 2

26 calendar years, as determined on a case-by-case basis, if (i)
    SB2394 Enrolled            - 1360 - LRB104 09208 AMC 19265 b

1 that student has been determined to have made an explicit

2 threat on an Internet website against a school employee, a

3 student, or any school-related personnel, (ii) the Internet

4 website through which the threat was made is a site that was

5 accessible within the school at the time the threat was made or

6 was available to third parties who worked or studied within

7 the school grounds at the time the threat was made, and (iii)

8 the threat could be reasonably interpreted as threatening to

9 the safety and security of the threatened individual because

10 of the individual's duties or employment status or status as a

11 student inside the school.

12  (e) To maintain order and security in the schools, school

13 authorities may inspect and search places and areas such as

14 lockers, desks, parking lots, and other school property and

15 equipment owned or controlled by the school, as well as

16 personal effects left in those places and areas by students,

17 without notice to or the consent of the student, and without a

18 search warrant. As a matter of public policy, the General

19 Assembly finds that students have no reasonable expectation of

20 privacy in these places and areas or in their personal effects

21 left in these places and areas. School authorities may request

22 the assistance of law enforcement officials for the purpose of

23 conducting inspections and searches of lockers, desks, parking

24 lots, and other school property and equipment owned or

25 controlled by the school for illegal drugs, weapons, or other

26 illegal or dangerous substances or materials, including
    SB2394 Enrolled  - 1361 - LRB104 09208 AMC 19265 b

1 searches conducted through the use of specially trained dogs.

2 If a search conducted in accordance with this Section produces

3 evidence that the student has violated or is violating either

4 the law, local ordinance, or the school's policies or rules,

5 such evidence may be seized by school authorities, and

6 disciplinary action may be taken. School authorities may also

7 turn over such evidence to law enforcement authorities.

8   (f) Suspension or expulsion may include suspension or

9 expulsion from school and all school activities and a

10 prohibition from being present on school grounds.

11  (g) A school district may adopt a policy providing that if

12 a student is suspended or expelled for any reason from any

13 public or private school in this or any other state, the

14 student must complete the entire term of the suspension or

15 expulsion in an alternative school program under Article 13A

16 of this Code or an alternative learning opportunities program

17 under Article 13B of this Code before being admitted into the

18 school district if there is no threat to the safety of students

19 or staff in the alternative program. A school district that

20 adopts a policy under this subsection (g) must include a

21 provision allowing for consideration of any mitigating

22 factors, including, but not limited to, a student's status as

23 a parent, expectant parent, or victim of domestic or sexual

24 violence, as defined in Article 26A.

25  (h) School officials shall not advise or encourage

26 students to drop out voluntarily due to behavioral or academic
    SB2394 Enrolled     - 1362 - LRB104 09208 AMC 19265 b

1 difficulties.

2   (i) A student may not be issued a monetary fine or fee as a

3 disciplinary consequence, though this shall not preclude

4 requiring a student to provide restitution for lost, stolen,

5 or damaged property.

6   (j) Subsections (a) through (i) of this Section shall

7 apply to elementary and secondary schools, charter schools,

8 special charter districts, and school districts organized

9 under Article 34 of this Code.

10  (k) Through June 30, 2026, the expulsion of students

11 enrolled in programs funded under Section 1C-2 of this Code is

12 subject to the requirements under paragraph (7) of subsection

13 (a) of Section 2-3.71 of this Code.

14  (k-5) On and after July 1, 2026, the expulsion of children

15 enrolled in programs funded under Section 15-25 of the

16 Department of Early Childhood Act is subject to the

17 requirements of paragraph (7) of subsection (a) of Section

18 15-30 of the Department of Early Childhood Act.

19  (l) An in-school suspension program provided by a school

20 district for any students in kindergarten through grade 12 may

21 focus on promoting non-violent conflict resolution and

22 positive interaction with other students and school personnel.

23 A school district may employ a school social worker or a

24 licensed mental health professional to oversee an in-school

25 suspension program in kindergarten through grade 12.

26 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
    SB2394 Enrolled  - 1363 - LRB104 09208 AMC 19265 b

1 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
2 8-9-24; revised 9-25-24.)

3   (105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)

4   Sec. 10-22.22. Transportation for pupils; tuition;

5 vocational school pupils-Tuition. To provide free

6 transportation for pupils, and where in its judgment the

7 interests of the district and of the pupils therein will be

8 best subserved by so doing the school board may permit the

9 pupils in the district or in any particular grade to attend the

10 schools of other districts and may permit any pupil to attend

11 an area secondary vocational school operated by a public

12 school district or a public or non-public vocational school

13 within the State of Illinois or adjacent states approved by

14 the Board of Vocational Education, and may provide free

15 transportation for such pupils and shall pay the tuition of

16 such pupils in the schools attended; such tuition shall be

17 based upon per capita cost computed in the following manner:

18 The cost of conducting and maintaining any area secondary

19 vocational school facility shall be first determined and shall

20 include the following expenses applicable only to such

21 educational facility under rules and regulations established

22 by the Board of Vocational Education and Rehabilitation as

23 follows:

24  a. Salaries of teachers, vocational counselors, and

25  supporting professional workers, necessary non-certified
    SB2394 Enrolled  - 1364 - LRB104 09208 AMC 19265 b

1   workers, clerks, custodial employees, and any district

2   taxes specifically for their pension and retirement

3   benefits.

4   b. Equipment and supplies necessary for program

5   operation.

6   c. Administrative costs.

7   d. Operation of physical plant, including heat, light,

8   water, repairs, and maintenance.

9   e. Auxiliary service, not including any transportation

10  cost.

11  From such total cost thus determined there shall be

12 deducted the State reimbursement due on account of such

13 educational facility for the same year, not including any

14 State reimbursement for area secondary vocational school

15 transportation. Such net cost shall be divided by the average

16 number of pupils in average daily attendance in such area

17 secondary vocational school facility for the school year in

18 order to arrive at the net per capita tuition cost. Such costs

19 shall be computed on pupils regularly enrolled in an area

20 secondary vocational school on the basis of one-sixth day for

21 every class hour attended pursuant to such enrollment;

22 provided. Provided, that the board, subject to the approval of

23 the county superintendent of schools, may determine what

24 schools outside of its their district such pupils shall

25 attend. This Section section does not require the board of

26 directors or board of education of any district to admit
    SB2394 Enrolled         - 1365 - LRB104 09208 AMC 19265 b

1 pupils from another district.
2 (Source: P.A. 94-213, eff. 7-14-05; revised 7-17-24.)

3   (105 ILCS 5/10-22.24b)

4   Sec. 10-22.24b. School counseling services. School

5 counseling services in public schools may be provided by

6 school counselors as defined in Section 10-22.24a of this Code

7 or by individuals who hold a Professional Educator License

8 with a school support personnel endorsement in the area of

9 school counseling under Section 21B-25 of this Code.

10  School counseling services may include, but are not

11 limited to:

12  (1) designing and delivering a comprehensive school

13  counseling program through a standards-based,

14  data-informed program that promotes student achievement

15  and wellness;

16  (2) (blank);

17  (3) school counselors working as culturally skilled

18  professionals who act sensitively to promote social

19  justice and equity in a pluralistic society;

20  (4) providing individual and group counseling;

21  (5) providing a core counseling curriculum that serves

22  all students and addresses the knowledge and skills

23  appropriate to their developmental level through a

24  collaborative model of delivery involving the school

25  counselor, classroom teachers, and other appropriate
    SB2394 Enrolled       - 1366 - LRB104 09208 AMC 19265 b

1   education professionals, and including prevention and

2   pre-referral activities;

3   (6) making referrals when necessary to appropriate

4   offices or outside agencies;

5   (7) providing college and career development

6   activities and counseling;

7   (8) developing individual career plans with students,

8   which includes planning for post-secondary education, as

9   appropriate, and engaging in related and relevant career

10  and technical education coursework in high school;

11  (9) assisting all students with a college or

12  post-secondary education plan, which must include a

13  discussion on all post-secondary education options,

14  including 4-year colleges or universities, community

15  colleges, and vocational schools, and includes planning

16  for post-secondary education, as appropriate, and engaging

17  in related and relevant career and technical education

18  coursework in high school;

19  (10) (blank);

20  (11) educating all students on scholarships, financial

21  aid, and preparation of the Federal Application for

22  Federal Student Aid;

23  (12) collaborating with institutions of higher

24  education and local community colleges so that students

25  understand post-secondary education options and are ready

26  to transition successfully;
    SB2394 Enrolled  - 1367 - LRB104 09208 AMC 19265 b

1   (13) providing crisis intervention and contributing to

2   the development of a specific crisis plan within the

3   school setting in collaboration with multiple

4   stakeholders;

5   (14) providing educational opportunities for students,

6   teachers, and parents on mental health issues;

7   (15) providing counseling and other resources to

8   students who are in crisis;

9   (16) working to address barriers that prohibit or

10  limit access to mental health services;

11  (17) addressing bullying and conflict resolution with

12  all students;

13  (18) teaching communication skills and helping

14  students develop positive relationships;

15  (19) using culturally sensitive skills in working with

16  all students to promote wellness;

17  (20) working to address the needs of all students with

18  regard to citizenship status;

19  (21) (blank);;

20  (22) providing academic, social-emotional, and college

21  and career supports to all students irrespective of

22  special education or Section 504 status;

23  (23) assisting students in goal setting and success

24  skills for classroom behavior, study skills, test

25  preparation, internal motivation, and intrinsic rewards;

26  (24) (blank);;
    SB2394 Enrolled         - 1368 - LRB104 09208 AMC 19265 b

1   (25) providing information for all students in the

2   selection of courses that will lead to post-secondary

3   education opportunities toward a successful career;

4   (26) interpreting achievement test results and guiding

5   students in appropriate directions;

6   (27) (blank);

7   (28) providing families with opportunities for

8   education and counseling as appropriate in relation to the

9   student's educational assessment;

10  (29) consulting and collaborating with teachers and

11  other school personnel regarding behavior management and

12  intervention plans and inclusion in support of students;

13  (30) teaming and partnering with staff, parents,

14  businesses, and community organizations to support student

15  achievement and social-emotional learning standards for

16  all students;

17  (31) developing and implementing school-based

18  prevention programs, including, but not limited to,

19  mediation and violence prevention, implementing social and

20  emotional education programs and services, and

21  establishing and implementing bullying prevention and

22  intervention programs;

23  (32) developing culturally sensitive assessment

24  instruments for measuring school counseling prevention and

25  intervention effectiveness and collecting, analyzing, and

26  interpreting data;
    SB2394 Enrolled      - 1369 - LRB104 09208 AMC 19265 b

1   (33) participating on school and district committees

2   to advocate for student programs and resources, as well as

3   establishing a school counseling advisory council that

4   includes representatives of key stakeholders selected to

5   review and advise on the implementation of the school

6   counseling program;

7   (34) acting as a liaison between the public schools

8   and community resources and building relationships with

9   important stakeholders, such as families, administrators,

10  teachers, and board members;

11  (35) maintaining organized, clear, and useful records

12  in a confidential manner consistent with Section 5 of the

13  Illinois School Student Records Act, the Family

14  Educational Rights and Privacy Act, and the Health

15  Insurance Portability and Accountability Act;

16  (36) presenting an annual agreement to the

17  administration, including a formal discussion of the

18  alignment of school and school counseling program missions

19  and goals and detailing specific school counselor

20  responsibilities;

21  (37) identifying and implementing culturally sensitive

22  measures of success for student competencies in each of

23  the 3 domains of academic, social and emotional, and

24  college and career learning based on planned and periodic

25  assessment of the comprehensive developmental school

26  counseling program;
    SB2394 Enrolled          - 1370 - LRB104 09208 AMC 19265 b

1   (38) collaborating as a team member in Multi-Tiered

2   Systems of Support and other school initiatives;

3   (39) conducting observations and participating in

4   recommendations or interventions regarding the placement

5   of children in educational programs or special education

6   classes;

7   (40) analyzing data and results of school counseling

8   program assessments, including curriculum, small-group,

9   and closing-the-gap results reports, and designing

10  strategies to continue to improve program effectiveness;

11  (41) analyzing data and results of school counselor

12  competency assessments;

13  (42) following American School Counselor Association

14  Ethical Standards for School Counselors to demonstrate

15  high standards of integrity, leadership, and

16  professionalism;

17  (43) using student competencies to assess student

18  growth and development to inform decisions regarding

19  strategies, activities, and services that help students

20  achieve the highest academic level possible;

21  (44) practicing as a culturally skilled school

22  counselor by infusing the multicultural competencies

23  within the role of the school counselor, including the

24  practice of culturally sensitive attitudes and beliefs,

25  knowledge, and skills;

26  (45) infusing the Social-Emotional Standards, as
    SB2394 Enrolled    - 1371 - LRB104 09208 AMC 19265 b

1   presented in the State Board of Education standards,

2   across the curriculum and in the counselor's role in ways

3   that empower and enable students to achieve academic

4   success across all grade levels;

5   (46) providing services only in areas in which the

6   school counselor has appropriate training or expertise, as

7   well as only providing counseling or consulting services

8   within his or her employment to any student in the

9   district or districts which employ such school counselor,

10  in accordance with professional ethics;

11  (47) having adequate training in supervision knowledge

12  and skills in order to supervise school counseling interns

13  enrolled in graduate school counselor preparation programs

14  that meet the standards established by the State Board of

15  Education;

16  (48) being involved with State and national

17  professional associations;

18  (49) complete the required training as outlined in

19  Section 10-22.39;

20  (50) (blank);

21  (51) (blank);

22  (52) (blank);

23  (53) (blank);

24  (54) (blank); and

25  (55) promoting career and technical education by

26  assisting each student to determine an appropriate
    SB2394 Enrolled  - 1372 - LRB104 09208 AMC 19265 b

1   postsecondary plan based upon the student's skills,

2   strengths, and goals and assisting the student to

3   implement the best practices that improve career or

4   workforce readiness after high school.

5   School districts may employ a sufficient number of school

6 counselors to maintain the national and State recommended

7 student-counselor ratio of 250 to 1. School districts may have

8 school counselors spend at least 80% of his or her work time in

9 direct contact with students.

10  Nothing in this Section prohibits other qualified

11 professionals, including other endorsed school support

12 personnel, from providing the services listed in this Section.

13 (Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23;

14 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for

15 effective date of P.A. 103-542; 103-780, eff. 8-2-24; revised

16 10-21-24.)

17  (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)

18  Sec. 10-22.36. Buildings for school purposes.

19  (a) To build or purchase a building for school classroom

20 or instructional purposes upon the approval of a majority of

21 the voters upon the proposition at a referendum held for such

22 purpose or in accordance with Section 17-2.11, 19-3.5, or

23 19-3.10. The board may initiate such referendum by resolution.

24 The board shall certify the resolution and proposition to the

25 proper election authority for submission in accordance with
    SB2394 Enrolled            - 1373 - LRB104 09208 AMC 19265 b

1 the general election law.

2   The questions of building one or more new buildings for

3 school purposes or office facilities, and issuing bonds for

4 the purpose of borrowing money to purchase one or more

5 buildings or sites for such buildings or office sites, to

6 build one or more new buildings for school purposes or office

7 facilities or to make additions and improvements to existing

8 school buildings, may be combined into one or more

9 propositions on the ballot.

10  Before erecting, or purchasing or remodeling such a

11 building the board shall submit the plans and specifications

12 respecting heating, ventilating, lighting, seating, water

13 supply, toilets and safety against fire to the regional

14 superintendent of schools having supervision and control over

15 the district, for approval in accordance with Section 2-3.12.

16  Notwithstanding any of the foregoing, no referendum shall

17 be required if the purchase, construction, or building of any

18 such building (1) occurs while the building is being leased by

19 the school district or (2) is paid with (A) funds derived from

20 the sale or disposition of other buildings, land, or

21 structures of the school district or (B) funds received (i) as

22 a grant under the School Construction Law or (ii) as gifts or

23 donations, provided that no funds to purchase, construct, or

24 build such building, other than lease payments, are derived

25 from the district's bonded indebtedness or the tax levy of the

26 district.
    SB2394 Enrolled  - 1374 - LRB104 09208 AMC 19265 b

1   Notwithstanding any of the foregoing, no referendum shall

2 be required if the purchase, construction, or building of any

3 such building is paid with funds received from the County

4 School Facility and Resources Occupation Tax Law under Section

5 5-1006.7 of the Counties Code or from the proceeds of bonds or

6 other debt obligations secured by revenues obtained from that

7 Law.

8   Notwithstanding any of the foregoing, for Decatur School

9 District Number 61, no referendum shall be required if at

10 least 50% of the cost of the purchase, construction, or

11 building of any such building is paid, or will be paid, with

12 funds received or expected to be received as part of, or

13 otherwise derived from, any COVID-19 pandemic relief program

14 or funding source, including, but not limited to, Elementary

15 and Secondary School Emergency Relief Fund grant proceeds.

16  (b) Notwithstanding the provisions of subsection (a), for

17 any school district: (i) that is a tier 1 school, (ii) that has

18 a population of less than 50,000 inhabitants, (iii) whose

19 student population is between 5,800 and 6,300, (iv) in which

20 57% to 62% of students are low-income, and (v) whose average

21 district spending is between $10,000 to $12,000 per pupil,

22 until July 1, 2025, no referendum shall be required if at least

23 50% of the cost of the purchase, construction, or building of

24 any such building is paid, or will be paid, with funds received

25 or expected to be received as part of, or otherwise derived

26 from, the federal Consolidated Appropriations Act and the
    SB2394 Enrolled   - 1375 - LRB104 09208 AMC 19265 b

1 federal American Rescue Plan Act of 2021.

2   For this subsection (b), the school board must hold at

3 least 2 public hearings, the sole purpose of which shall be to

4 discuss the decision to construct a school building and to

5 receive input from the community. The notice of each public

6 hearing that sets forth the time, date, place, and name or

7 description of the school building that the school board is

8 considering constructing must be provided at least 10 days

9 prior to the hearing by publication on the school board's

10 Internet website.

11  (c) Notwithstanding the provisions of subsections (a) and

12 (b), for Cahokia Community Unit School District 187, no

13 referendum shall be required for the lease of any building for

14 school or educational purposes if the cost is paid or will be

15 paid with funds available at the time of the lease in the

16 district's existing fund balances to fund the lease of a

17 building during the 2023-2024 or 2024-2025 school year.

18  For the purposes of this subsection (c), the school board

19 must hold at least 2 public hearings, the sole purpose of which

20 shall be to discuss the decision to lease a school building and

21 to receive input from the community. The notice of each public

22 hearing that sets forth the time, date, place, and name or

23 description of the school building that the school board is

24 considering leasing must be provided at least 10 days prior to

25 the hearing by publication on the school district's website.

26  (d) Notwithstanding the provisions of subsections (a) and
    SB2394 Enrolled  - 1376 - LRB104 09208 AMC 19265 b

1 (b), for Bloomington School District 87, no referendum shall

2 be required for the purchase, construction, or building of any

3 building for school or education purposes if such cost is paid

4 or will be paid with funds available at the time of contract,

5 purchase, construction, or building in Bloomington School

6 District Number 87's existing fund balances to fund the

7 procurement or requisition of a building or site during the

8 2022-2023, 2023-2024, or 2024-2025 school year.

9   For this subsection (d), the school board must hold at

10 least 2 public hearings, the sole purpose of which shall be to

11 discuss the decision to construct a school building and to

12 receive input from the community. The notice of each public

13 hearing that sets forth the time, date, place, and name or

14 description of the school building that the school board is

15 considering constructing must be provided at least 10 days

16 prior to the hearing by publication on the school board's

17 website.

18  (e) Notwithstanding the provisions of subsection (a), for

19 any school district: (i) that is designated as a Tier 1 or Tier

20 2 school district under Section 18-8.15, (ii) with at least

21 one school that is located on federal property, (iii) whose

22 overall student population is no more than 4,500 students and

23 no less than 2,500 students, and (iv) that receives a federal

24 Public Schools on Military Installations grant until June 30,

25 2030, no referendum shall be required if at least 75% of the

26 cost of construction or building of any such building is paid
    SB2394 Enrolled      - 1377 - LRB104 09208 AMC 19265 b

1 or will be paid with funds received or expected to be received

2 from the Public Schools on Military Installations grant.

3   For this subsection (e), the school board must hold at

4 least 2 public hearings, the sole purpose of which shall be to

5 discuss the decision to construct a school building and to

6 receive input from those community members in attendance. The

7 notice of each public hearing that sets forth the time, date,

8 place, and description of the school construction project must

9 be provided at least 10 days prior to the hearing by

10 publication on the school district's website.

11  (f) (e) Notwithstanding the provisions of subsection (a)

12 and (b), beginning September 1, 2024, no referendum shall be

13 required to build or purchase a building for school classroom

14 or instructional purposes if, prior to the building or

15 purchase of the building, the board determines, by resolution,

16 that the building or purchase will result in an increase in

17 pre-kindergarten or kindergarten classroom space in the

18 district.

19 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;

20 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; 103-591, eff.

21 7-1-24; 103-605, eff. 7-1-24; 103-878, eff. 8-9-24; revised

22 9-25-24.)

23  (105 ILCS 5/14A-32)

24  Sec. 14A-32. Accelerated placement; school district

25 responsibilities.
    SB2394 Enrolled  - 1378 - LRB104 09208 AMC 19265 b

1   (a) Each school district shall have a policy that allows

2 for accelerated placement that includes or incorporates by

3 reference the following components:

4   (1) a provision that provides that participation in

5   accelerated placement is not limited to those children who

6   have been identified as gifted and talented, but rather is

7   open to all children who demonstrate high ability and who

8   may benefit from accelerated placement;

9   (2) a fair and equitable decision-making process that

10  involves multiple persons and includes a student's parents

11  or guardians;

12  (3) procedures for notifying parents or guardians of a

13  child of a decision affecting that child's participation

14  in an accelerated placement program; and

15  (4) an assessment process that includes multiple

16  valid, reliable indicators.

17  (a-5) By no later than the beginning of the 2023-2024

18 school year, a school district's accelerated placement policy

19 shall allow for the automatic enrollment, in the following

20 school term, of a student into the next most rigorous level of

21 advanced coursework offered by the high school if the student

22 meets or exceeds State standards in English language arts,

23 mathematics, or science on a State assessment administered

24 under Section 2-3.64a-5 as follows:

25  (1) A student who exceeds State standards in English

26  language arts shall be automatically enrolled into the
    SB2394 Enrolled  - 1379 - LRB104 09208 AMC 19265 b

1   next most rigorous level of advanced coursework in

2   English, social studies, humanities, or related subjects.

3   (2) A student who exceeds State standards in

4   mathematics shall be automatically enrolled into the next

5   most rigorous level of advanced coursework in mathematics.

6   (3) A student who exceeds State standards in science

7   shall be automatically enrolled into the next most

8   rigorous level of advanced coursework in science.

9   (a-10) By no later than the beginning of the 2027-2028

10 school year, a school district's accelerated placement policy

11 shall allow for automatic eligibility, in the following school

12 term, for a student to enroll in the next most rigorous level

13 of advanced coursework offered by the high school if the

14 student meets State standards in English language arts,

15 mathematics, or science on a State assessment administered

16 under Section 2-3.64a-5 as follows:

17  (1) A student who meets State standards in English

18  language arts shall be automatically eligible to enroll in

19  the next most rigorous level of advanced coursework in

20  English, social studies, humanities, or related subjects.

21  (2) A student who meets State standards in mathematics

22  shall be automatically eligible to enroll in the next most

23  rigorous level of advanced coursework in mathematics.

24  (3) A student who meets State standards in science

25  shall be automatically eligible to enroll in the next most

26  rigorous level of advanced coursework in science.
    SB2394 Enrolled  - 1380 - LRB104 09208 AMC 19265 b

1   (a-15) For a student entering grade 12, the next most

2 rigorous level of advanced coursework in English language arts

3 or mathematics shall be a dual credit course, as defined in the

4 Dual Credit Quality Act, an Advanced Placement course, as

5 defined in Section 10 of the College and Career Success for All

6 Students Act, or an International Baccalaureate course;

7 otherwise, the next most rigorous level of advanced coursework

8 under this subsection (a-15) may include a dual credit course,

9 as defined in the Dual Credit Quality Act, an Advanced

10 Placement course, as defined in Section 10 of the College and

11 Career Success for All Students Act, an International

12 Baccalaureate course, an honors class, an enrichment

13 opportunity, a gifted program, or another program offered by

14 the district.

15  A school district may use the student's most recent State

16 assessment results to determine whether a student meets or

17 exceeds State standards. For a student entering grade 9,

18 results from the State assessment taken in grades 6 through 8

19 may be used. For other high school grades, the results from a

20 locally selected, nationally normed assessment may be used

21 instead of the State assessment if those results are the most

22 recent.

23  (a-20) A school district's accelerated placement policy

24 may allow for the waiver of a course or unit of instruction

25 completion requirement if (i) completion of the course or unit

26 of instruction is required by this Code or rules adopted by the
    SB2394 Enrolled  - 1381 - LRB104 09208 AMC 19265 b

1 State Board of Education as a prerequisite to receiving a high

2 school diploma and (ii) the school district has determined

3 that the student has demonstrated mastery of or competency in

4 the content of the course or unit of instruction. The school

5 district shall maintain documentation of this determination of

6 mastery or competency for each student, that shall include

7 identification of the learning standards or competencies

8 reviewed, the methods of measurement used, student

9 performance, the date of the determination, and identification

10 of the district personnel involved in the determination

11 process.

12  (a-25) A school district's accelerated placement policy

13 must include a process through which the parent or guardian of

14 each student who meets State standards is provided

15 notification in writing of the student's eligibility for

16 enrollment in accelerated courses. This notification must

17 provide details on the procedures for the parent or guardian

18 to enroll or not enroll the student in accelerated courses, in

19 writing, on forms the school district makes available. If no

20 course selection is made by the parent or guardian in

21 accordance with procedures set forth by the school district,

22 the student shall be automatically enrolled in the next most

23 rigorous level of coursework. A school district must provide

24 the parent or guardian of a student eligible for enrollment

25 under subsection (a-5) or (a-10) with the option to instead

26 have the student enroll in alternative coursework that better
    SB2394 Enrolled       - 1382 - LRB104 09208 AMC 19265 b

1 aligns with the student's postsecondary education or career

2 goals. If applicable, a school district must provide

3 notification to a student's parent or guardian that the

4 student will receive a waiver of a course or unit of

5 instruction completion requirement under subsection

6 subsections (a-5) or (a-10).

7   Nothing in subsection (a-5) or (a-10) may be interpreted

8 to preclude other students from enrolling in advanced

9 coursework per the policy of a school district.

10  (a-30) Nothing in this Section shall prohibit the

11 implementation of policies that allow for automatic enrollment

12 of students who meet standards on State assessments into the

13 next most rigorous level of advanced coursework offered by a

14 high school.

15  (b) Further, a school district's accelerated placement

16 policy may include or incorporate by reference, but need not

17 be limited to, the following components:

18  (1) procedures for annually informing the community

19  at-large, including parents or guardians, community-based

20  organizations, and providers of out-of-school programs,

21  about the accelerated placement program and the methods

22  used for the identification of children eligible for

23  accelerated placement, including strategies to reach

24  groups of students and families who have been historically

25  underrepresented in accelerated placement programs and

26  advanced coursework;
    SB2394 Enrolled     - 1383 - LRB104 09208 AMC 19265 b

1        (2) a process for referral that allows for multiple

2   referrers, including a child's parents or guardians; other

3   referrers may include licensed education professionals,

4   the child, with the written consent of a parent or

5   guardian, a peer, through a licensed education

6   professional who has knowledge of the referred child's

7   abilities, or, in case of possible early entrance, a

8   preschool educator, pediatrician, or psychologist who

9   knows the child;

10       (3) a provision that provides that children

11  participating in an accelerated placement program and

12  their parents or guardians will be provided a written plan

13  detailing the type of acceleration the child will receive

14  and strategies to support the child;

15       (4) procedures to provide support and promote success

16  for students who are newly enrolled in an accelerated

17  placement program;

18       (5) a process for the school district to review and

19  utilize disaggregated data on participation in an

20  accelerated placement program to address gaps among

21  demographic groups in accelerated placement opportunities;

22  and

23       (6) procedures to promote equity, which may

24  incorporate one or more of the following evidence-based

25  practices:

26       (A) the use of multiple tools to assess
    SB2394 Enrolled  - 1384 - LRB104 09208 AMC 19265 b

1   exceptional potential and provide several pathways

2   into advanced academic programs when assessing student

3   need for advanced academic or accelerated programming;

4   (B) providing enrichment opportunities starting in

5   the early grades to address achievement gaps that

6   occur at school entry and provide students with

7   opportunities to demonstrate their advanced potential;

8   (C) the use of universal screening combined with

9   local school-based norms for placement in accelerated

10  and advanced learning programs;

11  (D) developing a continuum of services to identify

12  and develop talent in all learners ranging from

13  enriched learning experiences, such as problem-based

14  learning, performance tasks, critical thinking, and

15  career exploration, to accelerated placement and

16  advanced academic programming; and

17  (E) providing professional learning in gifted

18  education for teachers and other appropriate school

19  personnel to appropriately identify and challenge

20  students from diverse cultures and backgrounds who may

21  benefit from accelerated placement or advanced

22  academic programming.

23  (c) The State Board of Education shall adopt rules to

24 determine data to be collected and disaggregated by

25 demographic group regarding accelerated placement, including

26 the rates of students who participate in and successfully
    SB2394 Enrolled          - 1385 - LRB104 09208 AMC 19265 b

1 complete advanced coursework, and a method of making the

2 information available to the public.

3   (d) On or before November 1, 2022, following a review of

4 disaggregated data on the participation and successful

5 completion rates of students enrolled in an accelerated

6 placement program, each school district shall develop a plan

7 to expand access to its accelerated placement program and to

8 ensure the teaching capacity necessary to meet the increased

9 demand.

10 (Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A.

11 102-671 for effective date of P.A. 102-209); 103-263, eff.

12 6-30-23; 103-743, eff. 8-2-24; revised 10-21-24.)

13  (105 ILCS 5/18-8.15)

14  Sec. 18-8.15. Evidence-Based Funding for student success

15 for the 2017-2018 and subsequent school years.

16  (a) General provisions.

17         (1) The purpose of this Section is to ensure that, by

18  June 30, 2027 and beyond, this State has a kindergarten

19  through grade 12 public education system with the capacity

20  to ensure the educational development of all persons to

21  the limits of their capacities in accordance with Section

22  1 of Article X of the Constitution of the State of

23  Illinois. To accomplish that objective, this Section

24  creates a method of funding public education that is

25  evidence-based; is sufficient to ensure every student
    SB2394 Enrolled   - 1386 - LRB104 09208 AMC 19265 b

1   receives a meaningful opportunity to learn irrespective of

2   race, ethnicity, sexual orientation, gender, or

3   community-income level; and is sustainable and

4   predictable. When fully funded under this Section, every

5   school shall have the resources, based on what the

6   evidence indicates is needed, to:

7   (A) provide all students with a high quality

8   education that offers the academic, enrichment, social

9   and emotional support, technical, and career-focused

10  programs that will allow them to become competitive

11  workers, responsible parents, productive citizens of

12  this State, and active members of our national

13  democracy;

14  (B) ensure all students receive the education they

15  need to graduate from high school with the skills

16  required to pursue post-secondary education and

17  training for a rewarding career;

18  (C) reduce, with a goal of eliminating, the

19  achievement gap between at-risk and non-at-risk

20  students by raising the performance of at-risk

21  students and not by reducing standards; and

22  (D) ensure this State satisfies its obligation to

23  assume the primary responsibility to fund public

24  education and simultaneously relieve the

25  disproportionate burden placed on local property taxes

26  to fund schools.
    SB2394 Enrolled  - 1387 - LRB104 09208 AMC 19265 b

1   (2) The Evidence-Based Funding formula under this

2   Section shall be applied to all Organizational Units in

3   this State. The Evidence-Based Funding formula outlined in

4   this Act is based on the formula outlined in Senate Bill 1

5   of the 100th General Assembly, as passed by both

6   legislative chambers. As further defined and described in

7   this Section, there are 4 major components of the

8   Evidence-Based Funding model:

9   (A) First, the model calculates a unique Adequacy

10  Target for each Organizational Unit in this State that

11  considers the costs to implement research-based

12  activities, the unit's student demographics, and

13  regional wage differences.

14  (B) Second, the model calculates each

15  Organizational Unit's Local Capacity, or the amount

16  each Organizational Unit is assumed to contribute

17  toward its Adequacy Target from local resources.

18  (C) Third, the model calculates how much funding

19  the State currently contributes to the Organizational

20  Unit and adds that to the unit's Local Capacity to

21  determine the unit's overall current adequacy of

22  funding.

23  (D) Finally, the model's distribution method

24  allocates new State funding to those Organizational

25  Units that are least well-funded, considering both

26  Local Capacity and State funding, in relation to their
    SB2394 Enrolled       - 1388 - LRB104 09208 AMC 19265 b

1   Adequacy Target.

2   (3) An Organizational Unit receiving any funding under

3   this Section may apply those funds to any fund so received

4   for which that Organizational Unit is authorized to make

5   expenditures by law.

6   (4) As used in this Section, the following terms shall

7   have the meanings ascribed in this paragraph (4):

8   "Adequacy Target" is defined in paragraph (1) of

9   subsection (b) of this Section.

10  "Adjusted EAV" is defined in paragraph (4) of

11  subsection (d) of this Section.

12  "Adjusted Local Capacity Target" is defined in

13  paragraph (3) of subsection (c) of this Section.

14  "Adjusted Operating Tax Rate" means a tax rate for all

15  Organizational Units, for which the State Superintendent

16  shall calculate and subtract for the Operating Tax Rate a

17  transportation rate based on total expenses for

18  transportation services under this Code, as reported on

19  the most recent Annual Financial Report in Pupil

20  Transportation Services, function 2550 in both the

21  Education and Transportation funds and functions 4110 and

22  4120 in the Transportation fund, less any corresponding

23  fiscal year State of Illinois scheduled payments excluding

24  net adjustments for prior years for regular, vocational,

25  or special education transportation reimbursement pursuant

26  to Section 29-5 or subsection (b) of Section 14-13.01 of
    SB2394 Enrolled          - 1389 - LRB104 09208 AMC 19265 b

1   this Code divided by the Adjusted EAV. If an

2   Organizational Unit's corresponding fiscal year State of

3   Illinois scheduled payments excluding net adjustments for

4   prior years for regular, vocational, or special education

5   transportation reimbursement pursuant to Section 29-5 or

6   subsection (b) of Section 14-13.01 of this Code exceed the

7   total transportation expenses, as defined in this

8   paragraph, no transportation rate shall be subtracted from

9   the Operating Tax Rate.

10  "Allocation Rate" is defined in paragraph (3) of

11  subsection (g) of this Section.

12  "Alternative School" means a public school that is

13  created and operated by a regional superintendent of

14  schools and approved by the State Board.

15  "Applicable Tax Rate" is defined in paragraph (1) of

16  subsection (d) of this Section.

17  "Assessment" means any of those benchmark, progress

18  monitoring, formative, diagnostic, and other assessments,

19  in addition to the State accountability assessment, that

20  assist teachers' needs in understanding the skills and

21  meeting the needs of the students they serve.

22  "Assistant principal" means a school administrator

23  duly endorsed to be employed as an assistant principal in

24  this State.

25  "At-risk student" means a student who is at risk of

26  not meeting the Illinois Learning Standards or not
    SB2394 Enrolled  - 1390 - LRB104 09208 AMC 19265 b

1   graduating from elementary or high school and who

2   demonstrates a need for vocational support or social

3   services beyond that provided by the regular school

4   program. All students included in an Organizational Unit's

5   Low-Income Count, as well as all English learner and

6   disabled students attending the Organizational Unit, shall

7   be considered at-risk students under this Section.

8   "Average Student Enrollment" or "ASE" for fiscal year

9   2018 means, for an Organizational Unit, the greater of the

10  average number of students (grades K through 12) reported

11  to the State Board as enrolled in the Organizational Unit

12  on October 1 in the immediately preceding school year,

13  plus the pre-kindergarten students who receive special

14  education services of 2 or more hours a day as reported to

15  the State Board on December 1 in the immediately preceding

16  school year, or the average number of students (grades K

17  through 12) reported to the State Board as enrolled in the

18  Organizational Unit on October 1, plus the

19  pre-kindergarten students who receive special education

20  services of 2 or more hours a day as reported to the State

21  Board on December 1, for each of the immediately preceding

22  3 school years. For fiscal year 2019 and each subsequent

23  fiscal year, "Average Student Enrollment" or "ASE" means,

24  for an Organizational Unit, the greater of the average

25  number of students (grades K through 12) reported to the

26  State Board as enrolled in the Organizational Unit on
    SB2394 Enrolled  - 1391 - LRB104 09208 AMC 19265 b

1   October 1 and March 1 in the immediately preceding school

2   year, plus the pre-kindergarten students who receive

3   special education services as reported to the State Board

4   on October 1 and March 1 in the immediately preceding

5   school year, or the average number of students (grades K

6   through 12) reported to the State Board as enrolled in the

7   Organizational Unit on October 1 and March 1, plus the

8   pre-kindergarten students who receive special education

9   services as reported to the State Board on October 1 and

10  March 1, for each of the immediately preceding 3 school

11  years. For the purposes of this definition, "enrolled in

12  the Organizational Unit" means the number of students

13  reported to the State Board who are enrolled in schools

14  within the Organizational Unit that the student attends or

15  would attend if not placed or transferred to another

16  school or program to receive needed services. For the

17  purposes of calculating "ASE", all students, grades K

18  through 12, excluding those attending kindergarten for a

19  half day and students attending an alternative education

20  program operated by a regional office of education or

21  intermediate service center, shall be counted as 1.0. All

22  students attending kindergarten for a half day shall be

23  counted as 0.5, unless in 2017 by June 15 or by March 1 in

24  subsequent years, the school district reports to the State

25  Board of Education the intent to implement full-day

26  kindergarten district-wide for all students, then all
    SB2394 Enrolled  - 1392 - LRB104 09208 AMC 19265 b

1   students attending kindergarten shall be counted as 1.0.

2   Special education pre-kindergarten students shall be

3   counted as 0.5 each. If the State Board does not collect or

4   has not collected both an October 1 and March 1 enrollment

5   count by grade or a December 1 collection of special

6   education pre-kindergarten students as of August 31, 2017

7   (the effective date of Public Act 100-465), it shall

8   establish such collection for all future years. For any

9   year in which a count by grade level was collected only

10  once, that count shall be used as the single count

11  available for computing a 3-year average ASE. Funding for

12  programs operated by a regional office of education or an

13  intermediate service center must be calculated using the

14  Evidence-Based Funding formula under this Section for the

15  2019-2020 school year and each subsequent school year

16  until separate adequacy formulas are developed and adopted

17  for each type of program. ASE for a program operated by a

18  regional office of education or an intermediate service

19  center must be determined by the March 1 enrollment for

20  the program. For the 2019-2020 school year, the ASE used

21  in the calculation must be the first-year ASE and, in that

22  year only, the assignment of students served by a regional

23  office of education or intermediate service center shall

24  not result in a reduction of the March enrollment for any

25  school district. For the 2020-2021 school year, the ASE

26  must be the greater of the current-year ASE or the 2-year
    SB2394 Enrolled  - 1393 - LRB104 09208 AMC 19265 b

1   average ASE. Beginning with the 2021-2022 school year, the

2   ASE must be the greater of the current-year ASE or the

3   3-year average ASE. School districts shall submit the data

4   for the ASE calculation to the State Board within 45 days

5   of the dates required in this Section for submission of

6   enrollment data in order for it to be included in the ASE

7   calculation. For fiscal year 2018 only, the ASE

8   calculation shall include only enrollment taken on October

9   1. In recognition of the impact of COVID-19, the

10  definition of "Average Student Enrollment" or "ASE" shall

11  be adjusted for calculations under this Section for fiscal

12  years 2022 through 2024. For fiscal years 2022 through

13  2024, the enrollment used in the calculation of ASE

14  representing the 2020-2021 school year shall be the

15  greater of the enrollment for the 2020-2021 school year or

16  the 2019-2020 school year.

17  "Base Funding Guarantee" is defined in paragraph (10)

18  of subsection (g) of this Section.

19  "Base Funding Minimum" is defined in subsection (e) of

20  this Section.

21  "Base Tax Year" means the property tax levy year used

22  to calculate the Budget Year allocation of primary State

23  aid.

24  "Base Tax Year's Extension" means the product of the

25  equalized assessed valuation utilized by the county clerk

26  in the Base Tax Year multiplied by the limiting rate as
    SB2394 Enrolled  - 1394 - LRB104 09208 AMC 19265 b

1   calculated by the county clerk and defined in PTELL.

2   "Bilingual Education Allocation" means the amount of

3   an Organizational Unit's final Adequacy Target

4   attributable to bilingual education divided by the

5   Organizational Unit's final Adequacy Target, the product

6   of which shall be multiplied by the amount of new funding

7   received pursuant to this Section. An Organizational

8   Unit's final Adequacy Target attributable to bilingual

9   education shall include all additional investments in

10  English learner students' adequacy elements.

11  "Budget Year" means the school year for which primary

12  State aid is calculated and awarded under this Section.

13  "Central office" means individual administrators and

14  support service personnel charged with managing the

15  instructional programs, business and operations, and

16  security of the Organizational Unit.

17  "Comparable Wage Index" or "CWI" means a regional cost

18  differentiation metric that measures systemic, regional

19  variations in the salaries of college graduates who are

20  not educators. The CWI utilized for this Section shall,

21  for the first 3 years of Evidence-Based Funding

22  implementation, be the CWI initially developed by the

23  National Center for Education Statistics, as most recently

24  updated by Texas A & M University. In the fourth and

25  subsequent years of Evidence-Based Funding implementation,

26  the State Superintendent shall re-determine the CWI using
    SB2394 Enrolled  - 1395 - LRB104 09208 AMC 19265 b

1   a similar methodology to that identified in the Texas A & M

2   University study, with adjustments made no less frequently

3   than once every 5 years.

4   "Computer technology and equipment" means computers

5   servers, notebooks, network equipment, copiers, printers,

6   instructional software, security software, curriculum

7   management courseware, and other similar materials and

8   equipment.

9   "Computer technology and equipment investment

10  allocation" means the final Adequacy Target amount of an

11  Organizational Unit assigned to Tier 1 or Tier 2 in the

12  prior school year attributable to the additional $285.50

13  per student computer technology and equipment investment

14  grant divided by the Organizational Unit's final Adequacy

15  Target, the result of which shall be multiplied by the

16  amount of new funding received pursuant to this Section.

17  An Organizational Unit assigned to a Tier 1 or Tier 2 final

18  Adequacy Target attributable to the received computer

19  technology and equipment investment grant shall include

20  all additional investments in computer technology and

21  equipment adequacy elements.

22  "Core subject" means mathematics; science; reading,

23  English, writing, and language arts; history and social

24  studies; world languages; and subjects taught as Advanced

25  Placement in high schools.

26  "Core teacher" means a regular classroom teacher in
    SB2394 Enrolled        - 1396 - LRB104 09208 AMC 19265 b

1   elementary schools and teachers of a core subject in

2   middle and high schools.

3   "Core Intervention teacher (tutor)" means a licensed

4   teacher providing one-on-one or small group tutoring to

5   students struggling to meet proficiency in core subjects.

6   "CPPRT" means corporate personal property replacement

7   tax funds paid to an Organizational Unit during the

8   calendar year one year before the calendar year in which a

9   school year begins, pursuant to "An Act in relation to the

10  abolition of ad valorem personal property tax and the

11  replacement of revenues lost thereby, and amending and

12  repealing certain Acts and parts of Acts in connection

13  therewith", certified August 14, 1979, as amended (Public

14  Act 81-1st S.S.-1).

15  "EAV" means equalized assessed valuation as defined in

16  paragraph (2) of subsection (d) of this Section and

17  calculated in accordance with paragraph (3) of subsection

18  (d) of this Section.

19  "ECI" means the Bureau of Labor Statistics' national

20  employment cost index for civilian workers in educational

21  services in elementary and secondary schools on a

22  cumulative basis for the 12-month calendar year preceding

23  the fiscal year of the Evidence-Based Funding calculation.

24  "EIS Data" means the employment information system

25  data maintained by the State Board on educators within

26  Organizational Units.
    SB2394 Enrolled  - 1397 - LRB104 09208 AMC 19265 b

1        "Employee benefits" means health, dental, and vision

2   insurance offered to employees of an Organizational Unit,

3   the costs associated with the statutorily required payment

4   of the normal cost of the Organizational Unit's teacher

5   pensions, Social Security employer contributions, and

6   Illinois Municipal Retirement Fund employer contributions.

7        "English learner" or "EL" means a child included in

8   the definition of "English learners" under Section 14C-2

9   of this Code participating in a program of transitional

10  bilingual education or a transitional program of

11  instruction meeting the requirements and program

12  application procedures of Article 14C of this Code. For

13  the purposes of collecting the number of EL students

14  enrolled, the same collection and calculation methodology

15  as defined above for "ASE" shall apply to English

16  learners, with the exception that EL student enrollment

17  shall include students in grades pre-kindergarten through

18  12.

19       "Essential Elements" means those elements, resources,

20  and educational programs that have been identified through

21  academic research as necessary to improve student success,

22  improve academic performance, close achievement gaps, and

23  provide for other per student costs related to the

24  delivery and leadership of the Organizational Unit, as

25  well as the maintenance and operations of the unit, and

26  which are specified in paragraph (2) of subsection (b) of
    SB2394 Enrolled  - 1398 - LRB104 09208 AMC 19265 b

1   this Section.

2   "Evidence-Based Funding" means State funding provided

3   to an Organizational Unit pursuant to this Section.

4   "Extended day" means academic and enrichment programs

5   provided to students outside the regular school day before

6   and after school or during non-instructional times during

7   the school day.

8   "Extension Limitation Ratio" means a numerical ratio

9   in which the numerator is the Base Tax Year's Extension

10  and the denominator is the Preceding Tax Year's Extension.

11  "Final Percent of Adequacy" is defined in paragraph

12  (4) of subsection (f) of this Section.

13  "Final Resources" is defined in paragraph (3) of

14  subsection (f) of this Section.

15  "Full-time equivalent" or "FTE" means the full-time

16  equivalency compensation for staffing the relevant

17  position at an Organizational Unit.

18  "Funding Gap" is defined in paragraph (1) of

19  subsection (g).

20  "Hybrid District" means a partial elementary unit

21  district created pursuant to Article 11E of this Code.

22  "Instructional assistant" means a core or special

23  education, non-licensed employee who assists a teacher in

24  the classroom and provides academic support to students.

25  "Instructional facilitator" means a qualified teacher

26  or licensed teacher leader who facilitates and coaches
    SB2394 Enrolled      - 1399 - LRB104 09208 AMC 19265 b

1   continuous improvement in classroom instruction; provides

2   instructional support to teachers in the elements of

3   research-based instruction or demonstrates the alignment

4   of instruction with curriculum standards and assessment

5   tools; develops or coordinates instructional programs or

6   strategies; develops and implements training; chooses

7   standards-based instructional materials; provides

8   teachers with an understanding of current research; serves

9   as a mentor, site coach, curriculum specialist, or lead

10  teacher; or otherwise works with fellow teachers, in

11  collaboration, to use data to improve instructional

12  practice or develop model lessons.

13  "Instructional       materials"     means  relevant

14  instructional materials for student instruction,

15  including, but not limited to, textbooks, consumable

16  workbooks, laboratory equipment, library books, and other

17  similar materials.

18  "Laboratory School" means a public school that is

19  created and operated by a public university and approved

20  by the State Board.

21  "Librarian" means a teacher with an endorsement as a

22  library information specialist or another individual whose

23  primary responsibility is overseeing library resources

24  within an Organizational Unit.

25  "Limiting rate for Hybrid Districts" means the

26  combined elementary school and high school limiting rates.
    SB2394 Enrolled  - 1400 - LRB104 09208 AMC 19265 b

1   "Local Capacity" is defined in paragraph (1) of

2   subsection (c) of this Section.

3   "Local Capacity Percentage" is defined in subparagraph

4   (A) of paragraph (2) of subsection (c) of this Section.

5   "Local Capacity Ratio" is defined in subparagraph (B)

6   of paragraph (2) of subsection (c) of this Section.

7   "Local Capacity Target" is defined in paragraph (2) of

8   subsection (c) of this Section.

9   "Low-Income Count" means, for an Organizational Unit

10  in a fiscal year, the higher of the average number of

11  students for the prior school year or the immediately

12  preceding 3 school years who, as of July 1 of the

13  immediately preceding fiscal year (as determined by the

14  Department of Human Services), are eligible for at least

15  one of the following low-income programs: Medicaid, the

16  Children's Health Insurance Program, Temporary Assistance

17  for Needy Families (TANF), or the Supplemental Nutrition

18  Assistance Program, excluding pupils who are eligible for

19  services provided by the Department of Children and Family

20  Services. Until such time that grade level low-income

21  populations become available, grade level low-income

22  populations shall be determined by applying the low-income

23  percentage to total student enrollments by grade level.

24  The low-income percentage is determined by dividing the

25  Low-Income Count by the Average Student Enrollment. The

26  low-income percentage for a regional office of education
    SB2394 Enrolled  - 1401 - LRB104 09208 AMC 19265 b

1   or an intermediate service center operating one or more

2   alternative education programs must be set to the weighted

3   average of the low-income percentages of all of the school

4   districts in the service region. The weighted low-income

5   percentage is the result of multiplying the low-income

6   percentage of each school district served by the regional

7   office of education or intermediate service center by each

8   school district's Average Student Enrollment, summarizing

9   those products and dividing the total by the total Average

10  Student Enrollment for the service region.

11  "Maintenance and operations" means custodial services,

12  facility and ground maintenance, facility operations,

13  facility security, routine facility repairs, and other

14  similar services and functions.

15  "Minimum Funding Level" is defined in paragraph (9) of

16  subsection (g) of this Section.

17  "New Property Tax Relief Pool Funds" means, for any

18  given fiscal year, all State funds appropriated under

19  Section 2-3.170 of this Code.

20  "New State Funds" means, for a given school year, all

21  State funds appropriated for Evidence-Based Funding in

22  excess of the amount needed to fund the Base Funding

23  Minimum for all Organizational Units in that school year.

24  "Nurse" means an individual licensed as a certified

25  school nurse, in accordance with the rules established for

26  nursing services by the State Board, who is an employee of
    SB2394 Enrolled  - 1402 - LRB104 09208 AMC 19265 b

1   and is available to provide health care-related services

2   for students of an Organizational Unit.

3   "Operating Tax Rate" means the rate utilized in the

4   previous year to extend property taxes for all purposes,

5   except Bond and Interest, Summer School, Rent, Capital

6   Improvement, and Vocational Education Building purposes.

7   For Hybrid Districts, the Operating Tax Rate shall be the

8   combined elementary and high school rates utilized in the

9   previous year to extend property taxes for all purposes,

10  except Bond and Interest, Summer School, Rent, Capital

11  Improvement, and Vocational Education Building purposes.

12  "Organizational Unit" means a Laboratory School or any

13  public school district that is recognized as such by the

14  State Board and that contains elementary schools typically

15  serving kindergarten through 5th grades, middle schools

16  typically serving 6th through 8th grades, high schools

17  typically serving 9th through 12th grades, a program

18  established under Section 2-3.66 or 2-3.41, or a program

19  operated by a regional office of education or an

20  intermediate service center under Article 13A or 13B. The

21  General Assembly acknowledges that the actual grade levels

22  served by a particular Organizational Unit may vary

23  slightly from what is typical.

24  "Organizational Unit CWI" is determined by calculating

25  the CWI in the region and original county in which an

26  Organizational Unit's primary administrative office is
    SB2394 Enrolled  - 1403 - LRB104 09208 AMC 19265 b

1   located as set forth in this paragraph, provided that if

2   the Organizational Unit CWI as calculated in accordance

3   with this paragraph is less than 0.9, the Organizational

4   Unit CWI shall be increased to 0.9. Each county's current

5   CWI value shall be adjusted based on the CWI value of that

6   county's neighboring Illinois counties, to create a

7   "weighted adjusted index value". This shall be calculated

8   by summing the CWI values of all of a county's adjacent

9   Illinois counties and dividing by the number of adjacent

10  Illinois counties, then taking the weighted value of the

11  original county's CWI value and the adjacent Illinois

12  county average. To calculate this weighted value, if the

13  number of adjacent Illinois counties is greater than 2,

14  the original county's CWI value will be weighted at 0.25

15  and the adjacent Illinois county average will be weighted

16  at 0.75. If the number of adjacent Illinois counties is 2,

17  the original county's CWI value will be weighted at 0.33

18  and the adjacent Illinois county average will be weighted

19  at 0.66. The greater of the county's current CWI value and

20  its weighted adjusted index value shall be used as the

21  Organizational Unit CWI.

22  "Preceding Tax Year" means the property tax levy year

23  immediately preceding the Base Tax Year.

24  "Preceding Tax Year's Extension" means the product of

25  the equalized assessed valuation utilized by the county

26  clerk in the Preceding Tax Year multiplied by the
    SB2394 Enrolled       - 1404 - LRB104 09208 AMC 19265 b

1   Operating Tax Rate.

2   "Preliminary Percent of Adequacy" is defined in

3   paragraph (2) of subsection (f) of this Section.

4   "Preliminary Resources" is defined in paragraph (2) of

5   subsection (f) of this Section.

6   "Principal" means a school administrator duly endorsed

7   to be employed as a principal in this State.

8   "Professional development" means training programs for

9   licensed staff in schools, including, but not limited to,

10  programs that assist in implementing new curriculum

11  programs, provide data focused or academic assessment data

12  training to help staff identify a student's weaknesses and

13  strengths, target interventions, improve instruction,

14  encompass instructional strategies for English learner,

15  gifted, or at-risk students, address inclusivity, cultural

16  sensitivity, or implicit bias, or otherwise provide

17  professional support for licensed staff.

18  "Prototypical" means 450 special education

19  pre-kindergarten and kindergarten through grade 5 students

20  for an elementary school, 450 grade 6 through 8 students

21  for a middle school, and 600 grade 9 through 12 students

22  for a high school.

23  "PTELL" means the Property Tax Extension Limitation

24  Law.

25  "PTELL EAV" is defined in paragraph (4) of subsection

26  (d) of this Section.
    SB2394 Enrolled  - 1405 - LRB104 09208 AMC 19265 b

1   "Pupil support staff" means a nurse, psychologist,

2   social worker, family liaison personnel, or other staff

3   member who provides support to at-risk or struggling

4   students.

5   "Real Receipts" is defined in paragraph (1) of

6   subsection (d) of this Section.

7   "Regionalization Factor" means, for a particular

8   Organizational Unit, the figure derived by dividing the

9   Organizational Unit CWI by the Statewide Weighted CWI.

10  "School counselor" means a licensed school counselor

11  who provides guidance and counseling support for students

12  within an Organizational Unit.

13  "School site staff" means the primary school secretary

14  and any additional clerical personnel assigned to a

15  school.

16  "Special education" means special educational

17  facilities and services, as defined in Section 14-1.08 of

18  this Code.

19  "Special Education Allocation" means the amount of an

20  Organizational Unit's final Adequacy Target attributable

21  to special education divided by the Organizational Unit's

22  final Adequacy Target, the product of which shall be

23  multiplied by the amount of new funding received pursuant

24  to this Section. An Organizational Unit's final Adequacy

25  Target attributable to special education shall include all

26  special education investment adequacy elements.
    SB2394 Enrolled       - 1406 - LRB104 09208 AMC 19265 b

1   "Specialist teacher" means a teacher who provides

2   instruction in subject areas not included in core

3   subjects, including, but not limited to, art, music,

4   physical education, health, driver education,

5   career-technical education, and such other subject areas

6   as may be mandated by State law or provided by an

7   Organizational Unit.

8   "Specially Funded Unit" means an Alternative School,

9   safe school, Department of Juvenile Justice school,

10  special education cooperative or entity recognized by the

11  State Board as a special education cooperative,

12  State-approved charter school, or alternative learning

13  opportunities program that received direct funding from

14  the State Board during the 2016-2017 school year through

15  any of the funding sources included within the calculation

16  of the Base Funding Minimum or Glenwood Academy.

17  "Supplemental Grant Funding" means supplemental

18  general State aid funding received by an Organizational

19  Unit during the 2016-2017 school year pursuant to

20  subsection (H) of Section 18-8.05 of this Code (now

21  repealed).

22  "State Adequacy Level" is the sum of the Adequacy

23  Targets of all Organizational Units.

24  "State Board" means the State Board of Education.

25  "State Superintendent" means the State Superintendent

26  of Education.
    SB2394 Enrolled        - 1407 - LRB104 09208 AMC 19265 b

1   "Statewide Weighted CWI" means a figure determined by

2   multiplying each Organizational Unit CWI times the ASE for

3   that Organizational Unit creating a weighted value,

4   summing all Organizational Units' weighted values, and

5   dividing by the total ASE of all Organizational Units,

6   thereby creating an average weighted index.

7   "Student activities" means non-credit producing

8   after-school programs, including, but not limited to,

9   clubs, bands, sports, and other activities authorized by

10  the school board of the Organizational Unit.

11  "Substitute teacher" means an individual teacher or

12  teaching assistant who is employed by an Organizational

13  Unit and is temporarily serving the Organizational Unit on

14  a per diem or per period-assignment basis to replace

15  another staff member.

16  "Summer school" means academic and enrichment programs

17  provided to students during the summer months outside of

18  the regular school year.

19  "Supervisory aide" means a non-licensed staff member

20  who helps in supervising students of an Organizational

21  Unit, but does so outside of the classroom, in situations

22  such as, but not limited to, monitoring hallways and

23  playgrounds, supervising lunchrooms, or supervising

24  students when being transported in buses serving the

25  Organizational Unit.

26  "Target Ratio" is defined in paragraph (4) of
    SB2394 Enrolled          - 1408 - LRB104 09208 AMC 19265 b

1   subsection (g).

2   "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined

3   in paragraph (3) of subsection (g).

4   "Tier 1 Aggregate Funding", "Tier 2 Aggregate

5   Funding", "Tier 3 Aggregate Funding", and "Tier 4

6   Aggregate Funding" are defined in paragraph (1) of

7   subsection (g).

8   (b) Adequacy Target calculation.

9   (1) Each Organizational Unit's Adequacy Target is the

10  sum of the Organizational Unit's cost of providing

11  Essential Elements, as calculated in accordance with this

12  subsection (b), with the salary amounts in the Essential

13  Elements multiplied by a Regionalization Factor calculated

14  pursuant to paragraph (3) of this subsection (b).

15  (2) The Essential Elements are attributable on a pro

16  rata basis related to defined subgroups of the ASE of each

17  Organizational Unit as specified in this paragraph (2),

18  with investments and FTE positions pro rata funded based

19  on ASE counts in excess of or less than the thresholds set

20  forth in this paragraph (2). The method for calculating

21  attributable pro rata costs and the defined subgroups

22  thereto are as follows:

23  (A) Core class size investments. Each

24  Organizational Unit shall receive the funding required

25  to support that number of FTE core teacher positions

26  as is needed to keep the respective class sizes of the
    SB2394 Enrolled  - 1409 - LRB104 09208 AMC 19265 b

1   Organizational Unit to the following maximum numbers:

2                    (i) For grades kindergarten through 3, the

3   Organizational Unit shall receive funding required

4   to support one FTE core teacher position for every

5   15 Low-Income Count students in those grades and

6   one FTE core teacher position for every 20

7   non-Low-Income Count students in those grades.

8                    (ii) For grades 4 through 12, the

9   Organizational Unit shall receive funding required

10  to support one FTE core teacher position for every

11  20 Low-Income Count students in those grades and

12  one FTE core teacher position for every 25

13  non-Low-Income Count students in those grades.

14  The number of non-Low-Income Count students in a

15  grade shall be determined by subtracting the

16  Low-Income students in that grade from the ASE of the

17  Organizational Unit for that grade.

18  (B) Specialist teacher investments. Each

19  Organizational Unit shall receive the funding needed

20  to cover that number of FTE specialist teacher

21  positions that correspond to the following

22  percentages:

23                   (i) if the Organizational Unit operates an

24  elementary or middle school, then 20.00% of the

25  number of the Organizational Unit's core teachers,

26  as determined under subparagraph (A) of this
    SB2394 Enrolled  - 1410 - LRB104 09208 AMC 19265 b

1        paragraph (2); and

2                    (ii) if such Organizational Unit operates a

3        high school, then 33.33% of the number of the

4        Organizational Unit's core teachers.

5        (C) Instructional facilitator investments. Each

6   Organizational Unit shall receive the funding needed

7   to cover one FTE instructional facilitator position

8   for every 200 combined ASE of pre-kindergarten

9   children with disabilities and all kindergarten

10  through grade 12 students of the Organizational Unit.

11       (D) Core intervention teacher (tutor) investments.

12  Each Organizational Unit shall receive the funding

13  needed to cover one FTE teacher position for each

14  prototypical elementary, middle, and high school.

15       (E) Substitute teacher investments. Each

16  Organizational Unit shall receive the funding needed

17  to cover substitute teacher costs that is equal to

18  5.70% of the minimum pupil attendance days required

19  under Section 10-19 of this Code for all full-time

20  equivalent core, specialist, and intervention

21  teachers, school nurses, special education teachers

22  and              instructional  assistants,  instructional

23  facilitators, and summer school and extended day

24  teacher positions, as determined under this paragraph

25  (2), at a salary rate of 33.33% of the average salary

26  for grade K through 12 teachers and 33.33% of the
    SB2394 Enrolled  - 1411 - LRB104 09208 AMC 19265 b

1   average salary of each instructional assistant

2   position.

3   (F) Core school counselor investments. Each

4   Organizational Unit shall receive the funding needed

5   to cover one FTE school counselor for each 450

6   combined ASE of pre-kindergarten children with

7   disabilities and all kindergarten through grade 5

8   students, plus one FTE school counselor for each 250

9   grades 6 through 8 ASE middle school students, plus

10  one FTE school counselor for each 250 grades 9 through

11  12 ASE high school students.

12  (G) Nurse investments. Each Organizational Unit

13  shall receive the funding needed to cover one FTE

14  nurse for each 750 combined ASE of pre-kindergarten

15  children with disabilities and all kindergarten

16  through grade 12 students across all grade levels it

17  serves.

18  (H) Supervisory aide investments. Each

19  Organizational Unit shall receive the funding needed

20  to cover one FTE for each 225 combined ASE of

21  pre-kindergarten children with disabilities and all

22  kindergarten through grade 5 students, plus one FTE

23  for each 225 ASE middle school students, plus one FTE

24  for each 200 ASE high school students.

25  (I) Librarian investments. Each Organizational

26  Unit shall receive the funding needed to cover one FTE
    SB2394 Enrolled  - 1412 - LRB104 09208 AMC 19265 b

1   librarian for each prototypical elementary school,

2   middle school, and high school and one FTE aide or

3   media technician for every 300 combined ASE of

4   pre-kindergarten children with disabilities and all

5   kindergarten through grade 12 students.

6   (J) Principal investments. Each Organizational

7   Unit shall receive the funding needed to cover one FTE

8   principal position for each prototypical elementary

9   school, plus one FTE principal position for each

10  prototypical middle school, plus one FTE principal

11  position for each prototypical high school.

12  (K) Assistant principal investments. Each

13  Organizational Unit shall receive the funding needed

14  to cover one FTE assistant principal position for each

15  prototypical elementary school, plus one FTE assistant

16  principal position for each prototypical middle

17  school, plus one FTE assistant principal position for

18  each prototypical high school.

19  (L) School site staff investments. Each

20  Organizational Unit shall receive the funding needed

21  for one FTE position for each 225 ASE of

22  pre-kindergarten children with disabilities and all

23  kindergarten through grade 5 students, plus one FTE

24  position for each 225 ASE middle school students, plus

25  one FTE position for each 200 ASE high school

26  students.
    SB2394 Enrolled    - 1413 - LRB104 09208 AMC 19265 b

1   (M) Gifted investments. Each Organizational Unit

2   shall receive $40 per kindergarten through grade 12

3   ASE.

4   (N) Professional development investments. Each

5   Organizational Unit shall receive $125 per student of

6   the combined ASE of pre-kindergarten children with

7   disabilities and all kindergarten through grade 12

8   students for trainers and other professional

9   development-related expenses for supplies and

10  materials.

11  (O) Instructional material investments. Each

12  Organizational Unit shall receive $190 per student of

13  the combined ASE of pre-kindergarten children with

14  disabilities and all kindergarten through grade 12

15  students to cover instructional material costs.

16  (P) Assessment investments. Each Organizational

17  Unit shall receive $25 per student of the combined ASE

18  of pre-kindergarten children with disabilities and all

19  kindergarten through grade 12 students to cover

20  assessment costs.

21  (Q) Computer technology and equipment investments.

22  Each Organizational Unit shall receive $285.50 per

23  student of the combined ASE of pre-kindergarten

24  children with disabilities and all kindergarten

25  through grade 12 students to cover computer technology

26  and equipment costs. For the 2018-2019 school year and
    SB2394 Enrolled  - 1414 - LRB104 09208 AMC 19265 b

1   subsequent school years, Organizational Units assigned

2   to Tier 1 and Tier 2 in the prior school year shall

3   receive an additional $285.50 per student of the

4   combined ASE of pre-kindergarten children with

5   disabilities and all kindergarten through grade 12

6   students to cover computer technology and equipment

7   costs in the Organizational Unit's Adequacy Target.

8   The State Board may establish additional requirements

9   for Organizational Unit expenditures of funds received

10  pursuant to this subparagraph (Q), including a

11  requirement that funds received pursuant to this

12  subparagraph (Q) may be used only for serving the

13  technology needs of the district. It is the intent of

14  Public Act 100-465 that all Tier 1 and Tier 2 districts

15  receive the addition to their Adequacy Target in the

16  following year, subject to compliance with the

17  requirements of the State Board.

18  (R) Student activities investments. Each

19  Organizational Unit shall receive the following

20  funding amounts to cover student activities: $100 per

21  kindergarten through grade 5 ASE student in elementary

22  school, plus $200 per ASE student in middle school,

23  plus $675 per ASE student in high school.

24  (S) Maintenance and operations investments. Each

25  Organizational Unit shall receive $1,038 per student

26  of the combined ASE of pre-kindergarten children with
    SB2394 Enrolled  - 1415 - LRB104 09208 AMC 19265 b

1   disabilities and all kindergarten through grade 12

2   students for day-to-day maintenance and operations

3   expenditures, including salary, supplies, and

4   materials, as well as purchased services, but

5   excluding employee benefits. The proportion of salary

6   for the application of a Regionalization Factor and

7   the calculation of benefits is equal to $352.92.

8   (T) Central office investments. Each

9   Organizational Unit shall receive $742 per student of

10  the combined ASE of pre-kindergarten children with

11  disabilities and all kindergarten through grade 12

12  students to cover central office operations, including

13  administrators and classified personnel charged with

14  managing the instructional programs, business and

15  operations of the school district, and security

16  personnel. The proportion of salary for the

17  application of a Regionalization Factor and the

18  calculation of benefits is equal to $368.48.

19  (U) Employee benefit investments. Each

20  Organizational Unit shall receive 30% of the total of

21  all salary-calculated elements of the Adequacy Target,

22  excluding substitute teachers and student activities

23  investments, to cover benefit costs. For central

24  office and maintenance and operations investments, the

25  benefit calculation shall be based upon the salary

26  proportion of each investment. If at any time the
    SB2394 Enrolled    - 1416 - LRB104 09208 AMC 19265 b

1   responsibility for funding the employer normal cost of

2   teacher pensions is assigned to school districts, then

3   that amount certified by the Teachers' Retirement

4   System of the State of Illinois to be paid by the

5   Organizational Unit for the preceding school year

6   shall be added to the benefit investment. For any

7   fiscal year in which a school district organized under

8   Article 34 of this Code is responsible for paying the

9   employer normal cost of teacher pensions, then that

10  amount of its employer normal cost plus the amount for

11  retiree health insurance as certified by the Public

12  School Teachers' Pension and Retirement Fund of

13  Chicago to be paid by the school district for the

14  preceding school year that is statutorily required to

15  cover employer normal costs and the amount for retiree

16  health insurance shall be added to the 30% specified

17  in this subparagraph (U). The Teachers' Retirement

18  System of the State of Illinois and the Public School

19  Teachers' Pension and Retirement Fund of Chicago shall

20  submit such information as the State Superintendent

21  may require for the calculations set forth in this

22  subparagraph (U).

23  (V) Additional investments in low-income students.

24  In addition to and not in lieu of all other funding

25  under this paragraph (2), each Organizational Unit

26  shall receive funding based on the average teacher
    SB2394 Enrolled  - 1417 - LRB104 09208 AMC 19265 b

1   salary for grades K through 12 to cover the costs of:

2                    (i) one FTE intervention teacher (tutor)

3   position for every 125 Low-Income Count students;

4                    (ii) one FTE pupil support staff position for

5   every 125 Low-Income Count students;

6                    (iii) one FTE extended day teacher position

7   for every 120 Low-Income Count students; and

8                    (iv) one FTE summer school teacher position

9   for every 120 Low-Income Count students.

10  (W) Additional investments in English learner

11  students. In addition to and not in lieu of all other

12  funding under this paragraph (2), each Organizational

13  Unit shall receive funding based on the average

14  teacher salary for grades K through 12 to cover the

15  costs of:

16                   (i) one FTE intervention teacher (tutor)

17  position for every 125 English learner students;

18                   (ii) one FTE pupil support staff position for

19  every 125 English learner students;

20                   (iii) one FTE extended day teacher position

21  for every 120 English learner students;

22                   (iv) one FTE summer school teacher position

23  for every 120 English learner students; and

24                   (v) one FTE core teacher position for every

25  100 English learner students.

26  (X) Special education investments. Each
    SB2394 Enrolled  - 1418 - LRB104 09208 AMC 19265 b

1   Organizational Unit shall receive funding based on the

2   average teacher salary for grades K through 12 to

3   cover special education as follows:

4                    (i) one FTE teacher position for every 141

5   combined ASE of pre-kindergarten children with

6   disabilities and all kindergarten through grade 12

7   students;

8                    (ii) one FTE instructional assistant for every

9   141 combined ASE of pre-kindergarten children with

10  disabilities and all kindergarten through grade 12

11  students; and

12                   (iii) one FTE psychologist position for every

13  1,000 combined ASE of pre-kindergarten children

14  with disabilities and all kindergarten through

15  grade 12 students.

16  (3) For calculating the salaries included within the

17  Essential Elements, the State Superintendent shall

18  annually calculate average salaries to the nearest dollar

19  using the employment information system data maintained by

20  the State Board, limited to public schools only and

21  excluding special education and vocational cooperatives,

22  schools operated by the Department of Juvenile Justice,

23  and charter schools, for the following positions:

24  (A) Teacher for grades K through 8.

25  (B) Teacher for grades 9 through 12.

26  (C) Teacher for grades K through 12.
    SB2394 Enrolled  - 1419 - LRB104 09208 AMC 19265 b

1   (D) School counselor for grades K through 8.

2   (E) School counselor for grades 9 through 12.

3   (F) School counselor for grades K through 12.

4   (G) Social worker.

5   (H) Psychologist.

6   (I) Librarian.

7   (J) Nurse.

8   (K) Principal.

9   (L) Assistant principal.

10  For the purposes of this paragraph (3), "teacher"

11  includes core teachers, specialist and elective teachers,

12  instructional facilitators, tutors, special education

13  teachers, pupil support staff teachers, English learner

14  teachers, extended day teachers, and summer school

15  teachers. Where specific grade data is not required for

16  the Essential Elements, the average salary for

17  corresponding positions shall apply. For substitute

18  teachers, the average teacher salary for grades K through

19  12 shall apply.

20  For calculating the salaries included within the

21  Essential Elements for positions not included within EIS

22  Data, the following salaries shall be used in the first

23  year of implementation of Evidence-Based Funding:

24  (i) school site staff, $30,000; and

25  (ii) non-instructional assistant, instructional

26  assistant, library aide, library media tech, or
    SB2394 Enrolled          - 1420 - LRB104 09208 AMC 19265 b

1   supervisory aide: $25,000.

2   In the second and subsequent years of implementation

3   of Evidence-Based Funding, the amounts in items (i) and

4   (ii) of this paragraph (3) shall annually increase by the

5   ECI.

6   The salary amounts for the Essential Elements

7   determined pursuant to subparagraphs (A) through (L), (S)

8   and (T), and (V) through (X) of paragraph (2) of

9   subsection (b) of this Section shall be multiplied by a

10  Regionalization Factor.

11  (c) Local Capacity calculation.

12  (1) Each Organizational Unit's Local Capacity

13  represents an amount of funding it is assumed to

14  contribute toward its Adequacy Target for purposes of the

15  Evidence-Based Funding formula calculation. "Local

16  Capacity" means either (i) the Organizational Unit's Local

17  Capacity Target as calculated in accordance with paragraph

18  (2) of this subsection (c) if its Real Receipts are equal

19  to or less than its Local Capacity Target or (ii) the

20  Organizational Unit's Adjusted Local Capacity, as

21  calculated in accordance with paragraph (3) of this

22  subsection (c) if Real Receipts are more than its Local

23  Capacity Target.

24  (2) "Local Capacity Target" means, for an

25  Organizational Unit, that dollar amount that is obtained

26  by multiplying its Adequacy Target by its Local Capacity
    SB2394 Enrolled  - 1421 - LRB104 09208 AMC 19265 b

1   Ratio.

2           (A) An Organizational Unit's Local Capacity

3   Percentage is the conversion of the Organizational

4   Unit's Local Capacity Ratio, as such ratio is

5   determined in accordance with subparagraph (B) of this

6   paragraph (2), into a cumulative distribution

7   resulting in a percentile ranking to determine each

8   Organizational Unit's relative position to all other

9   Organizational Units in this State. The calculation of

10  Local Capacity Percentage is described in subparagraph

11  (C) of this paragraph (2).

12          (B) An Organizational Unit's Local Capacity Ratio

13  in a given year is the percentage obtained by dividing

14  its Adjusted EAV or PTELL EAV, whichever is less, by

15  its Adequacy Target, with the resulting ratio further

16  adjusted as follows:

17                   (i) for Organizational Units serving grades

18          kindergarten through 12 and Hybrid Districts, no

19          further adjustments shall be made;

20                   (ii) for Organizational Units serving grades

21          kindergarten through 8, the ratio shall be

22          multiplied by 9/13;

23                   (iii) for Organizational Units serving grades

24          9 through 12, the Local Capacity Ratio shall be

25          multiplied by 4/13; and

26                   (iv) for an Organizational Unit with a
    SB2394 Enrolled  - 1422 - LRB104 09208 AMC 19265 b

1   different grade configuration than those specified

2   in items (i) through (iii) of this subparagraph

3   (B), the State Superintendent shall determine a

4   comparable adjustment based on the grades served.

5   (C) The Local Capacity Percentage is equal to the

6   percentile ranking of the district. Local Capacity

7   Percentage converts each Organizational Unit's Local

8   Capacity Ratio to a cumulative distribution resulting

9   in a percentile ranking to determine each

10  Organizational Unit's relative position to all other

11  Organizational Units in this State. The Local Capacity

12  Percentage cumulative distribution resulting in a

13  percentile ranking for each Organizational Unit shall

14  be calculated using the standard normal distribution

15  of the score in relation to the weighted mean and

16  weighted standard deviation and Local Capacity Ratios

17  of all Organizational Units. If the value assigned to

18  any Organizational Unit is in excess of 90%, the value

19  shall be adjusted to 90%. For Laboratory Schools, the

20  Local Capacity Percentage shall be set at 10% in

21  recognition of the absence of EAV and resources from

22  the public university that are allocated to the

23  Laboratory School. For a regional office of education

24  or an intermediate service center operating one or

25  more alternative education programs, the Local

26  Capacity Percentage must be set at 10% in recognition
    SB2394 Enrolled  - 1423 - LRB104 09208 AMC 19265 b

1   of the absence of EAV and resources from school

2   districts that are allocated to the regional office of

3   education or intermediate service center. The weighted

4   mean for the Local Capacity Percentage shall be

5   determined by multiplying each Organizational Unit's

6   Local Capacity Ratio times the ASE for the unit

7   creating a weighted value, summing the weighted values

8   of all Organizational Units, and dividing by the total

9   ASE of all Organizational Units. The weighted standard

10  deviation shall be determined by taking the square

11  root of the weighted variance of all Organizational

12  Units' Local Capacity Ratio, where the variance is

13  calculated by squaring the difference between each

14  unit's Local Capacity Ratio and the weighted mean,

15  then multiplying the variance for each unit times the

16  ASE for the unit to create a weighted variance for each

17  unit, then summing all units' weighted variance and

18  dividing by the total ASE of all units.

19  (D) For any Organizational Unit, the

20  Organizational Unit's Adjusted Local Capacity Target

21  shall be reduced by either (i) the school board's

22  remaining contribution pursuant to paragraph (ii) of

23  subsection (b-4) of Section 16-158 of the Illinois

24  Pension Code in a given year or (ii) the board of

25  education's remaining contribution pursuant to

26  paragraph (iv) of subsection (b) of Section 17-129 of
    SB2394 Enrolled   - 1424 - LRB104 09208 AMC 19265 b

1   the Illinois Pension Code absent the employer normal

2   cost portion of the required contribution and amount

3   allowed pursuant to subdivision (3) of Section

4   17-142.1 of the Illinois Pension Code in a given year.

5   In the preceding sentence, item (i) shall be certified

6   to the State Board of Education by the Teachers'

7   Retirement System of the State of Illinois and item

8   (ii) shall be certified to the State Board of

9   Education by the Public School Teachers' Pension and

10  Retirement Fund of the City of Chicago.

11  (3) If an Organizational Unit's Real Receipts are more

12  than its Local Capacity Target, then its Local Capacity

13  shall equal an Adjusted Local Capacity Target as

14  calculated in accordance with this paragraph (3). The

15  Adjusted Local Capacity Target is calculated as the sum of

16  the Organizational Unit's Local Capacity Target and its

17  Real Receipts Adjustment. The Real Receipts Adjustment

18  equals the Organizational Unit's Real Receipts less its

19  Local Capacity Target, with the resulting figure

20  multiplied by the Local Capacity Percentage.

21  As used in this paragraph (3), "Real Percent of

22  Adequacy" means the sum of an Organizational Unit's Real

23  Receipts, CPPRT, and Base Funding Minimum, with the

24  resulting figure divided by the Organizational Unit's

25  Adequacy Target.

26  (d) Calculation of Real Receipts, EAV, and Adjusted EAV
    SB2394 Enrolled       - 1425 - LRB104 09208 AMC 19265 b

1 for purposes of the Local Capacity calculation.

2   (1) An Organizational Unit's Real Receipts are the

3   product of its Applicable Tax Rate and its Adjusted EAV.

4   An Organizational Unit's Applicable Tax Rate is its

5   Adjusted Operating Tax Rate for property within the

6   Organizational Unit.

7   (2) The State Superintendent shall calculate the

8   equalized assessed valuation, or EAV, of all taxable

9   property of each Organizational Unit as of September 30 of

10  the previous year in accordance with paragraph (3) of this

11  subsection (d). The State Superintendent shall then

12  determine the Adjusted EAV of each Organizational Unit in

13  accordance with paragraph (4) of this subsection (d),

14  which Adjusted EAV figure shall be used for the purposes

15  of calculating Local Capacity.

16  (3) To calculate Real Receipts and EAV, the Department

17  of Revenue shall supply to the State Superintendent the

18  value as equalized or assessed by the Department of

19  Revenue of all taxable property of every Organizational

20  Unit, together with (i) the applicable tax rate used in

21  extending taxes for the funds of the Organizational Unit

22  as of September 30 of the previous year and (ii) the

23  limiting rate for all Organizational Units subject to

24  property tax extension limitations as imposed under PTELL.

25  (A) The Department of Revenue shall add to the

26  equalized assessed value of all taxable property of
    SB2394 Enrolled  - 1426 - LRB104 09208 AMC 19265 b

1   each Organizational Unit situated entirely or

2   partially within a county that is or was subject to the

3   provisions of Section 15-176 or 15-177 of the Property

4   Tax Code (i) an amount equal to the total amount by

5   which the homestead exemption allowed under Section

6   15-176 or 15-177 of the Property Tax Code for real

7   property situated in that Organizational Unit exceeds

8   the total amount that would have been allowed in that

9   Organizational Unit if the maximum reduction under

10  Section 15-176 was (I) $4,500 in Cook County or $3,500

11  in all other counties in tax year 2003 or (II) $5,000

12  in all counties in tax year 2004 and thereafter and

13  (ii) an amount equal to the aggregate amount for the

14  taxable year of all additional exemptions under

15  Section 15-175 of the Property Tax Code for owners

16  with a household income of $30,000 or less. The county

17  clerk of any county that is or was subject to the

18  provisions of Section 15-176 or 15-177 of the Property

19  Tax Code shall annually calculate and certify to the

20  Department of Revenue for each Organizational Unit all

21  homestead exemption amounts under Section 15-176 or

22  15-177 of the Property Tax Code and all amounts of

23  additional exemptions under Section 15-175 of the

24  Property Tax Code for owners with a household income

25  of $30,000 or less. It is the intent of this

26  subparagraph (A) that if the general homestead
    SB2394 Enrolled  - 1427 - LRB104 09208 AMC 19265 b

1   exemption for a parcel of property is determined under

2   Section 15-176 or 15-177 of the Property Tax Code

3   rather than Section 15-175, then the calculation of

4   EAV shall not be affected by the difference, if any,

5   between the amount of the general homestead exemption

6   allowed for that parcel of property under Section

7   15-176 or 15-177 of the Property Tax Code and the

8   amount that would have been allowed had the general

9   homestead exemption for that parcel of property been

10  determined under Section 15-175 of the Property Tax

11  Code. It is further the intent of this subparagraph

12  (A) that if additional exemptions are allowed under

13  Section 15-175 of the Property Tax Code for owners

14  with a household income of less than $30,000, then the

15  calculation of EAV shall not be affected by the

16  difference, if any, because of those additional

17  exemptions.

18  (B) With respect to any part of an Organizational

19  Unit within a redevelopment project area in respect to

20  which a municipality has adopted tax increment

21  allocation financing pursuant to the Tax Increment

22  Allocation Redevelopment Act, Division 74.4 of Article

23  11 of the Illinois Municipal Code, or the Industrial

24  Jobs Recovery Law, Division 74.6 of Article 11 of the

25  Illinois Municipal Code, no part of the current EAV of

26  real property located in any such project area that is
    SB2394 Enrolled  - 1428 - LRB104 09208 AMC 19265 b

1   attributable to an increase above the total initial

2   EAV of such property shall be used as part of the EAV

3   of the Organizational Unit, until such time as all

4   redevelopment project costs have been paid, as

5   provided in Section 11-74.4-8 of the Tax Increment

6   Allocation Redevelopment Act or in Section 11-74.6-35

7   of the Industrial Jobs Recovery Law. For the purpose

8   of the EAV of the Organizational Unit, the total

9   initial EAV or the current EAV, whichever is lower,

10  shall be used until such time as all redevelopment

11  project costs have been paid.

12  (B-5) The real property equalized assessed

13  valuation for a school district shall be adjusted by

14  subtracting from the real property value, as equalized

15  or assessed by the Department of Revenue, for the

16  district an amount computed by dividing the amount of

17  any abatement of taxes under Section 18-170 of the

18  Property Tax Code by 3.00% for a district maintaining

19  grades kindergarten through 12, by 2.30% for a

20  district maintaining grades kindergarten through 8, or

21  by 1.05% for a district maintaining grades 9 through

22  12 and adjusted by an amount computed by dividing the

23  amount of any abatement of taxes under subsection (a)

24  of Section 18-165 of the Property Tax Code by the same

25  percentage rates for district type as specified in

26  this subparagraph (B-5).
    SB2394 Enrolled  - 1429 - LRB104 09208 AMC 19265 b

1   (C) For Organizational Units that are Hybrid

2   Districts, the State Superintendent shall use the

3   lesser of the adjusted equalized assessed valuation

4   for property within the partial elementary unit

5   district for elementary purposes, as defined in

6   Article 11E of this Code, or the adjusted equalized

7   assessed valuation for property within the partial

8   elementary unit district for high school purposes, as

9   defined in Article 11E of this Code.

10  (D) If a school district's boundaries span

11  multiple counties, then the Department of Revenue

12  shall send to the State Board, for the purposes of

13  calculating Evidence-Based Funding, the limiting rate

14  and individual rates by purpose for the county that

15  contains the majority of the school district's

16  equalized assessed valuation.

17  (4) An Organizational Unit's Adjusted EAV shall be the

18  average of its EAV over the immediately preceding 3 years

19  or the lesser of its EAV in the immediately preceding year

20  or the average of its EAV over the immediately preceding 3

21  years if the EAV in the immediately preceding year has

22  declined by 10% or more when comparing the 2 most recent

23  years. In the event of Organizational Unit reorganization,

24  consolidation, or annexation, the Organizational Unit's

25  Adjusted EAV for the first 3 years after such change shall

26  be as follows: the most current EAV shall be used in the
    SB2394 Enrolled  - 1430 - LRB104 09208 AMC 19265 b

1   first year, the average of a 2-year EAV or its EAV in the

2   immediately preceding year if the EAV declines by 10% or

3   more when comparing the 2 most recent years for the second

4   year, and the lesser of a 3-year average EAV or its EAV in

5   the immediately preceding year if the Adjusted EAV

6   declines by 10% or more when comparing the 2 most recent

7   years for the third year. For any school district whose

8   EAV in the immediately preceding year is used in

9   calculations, in the following year, the Adjusted EAV

10  shall be the average of its EAV over the immediately

11  preceding 2 years or the immediately preceding year if

12  that year represents a decline of 10% or more when

13  comparing the 2 most recent years.

14  "PTELL EAV" means a figure calculated by the State

15  Board for Organizational Units subject to PTELL as

16  described in this paragraph (4) for the purposes of

17  calculating an Organizational Unit's Local Capacity Ratio.

18  Except as otherwise provided in this paragraph (4), the

19  PTELL EAV of an Organizational Unit shall be equal to the

20  product of the equalized assessed valuation last used in

21  the calculation of general State aid under Section 18-8.05

22  of this Code (now repealed) or Evidence-Based Funding

23  under this Section and the Organizational Unit's Extension

24  Limitation Ratio. If an Organizational Unit has approved

25  or does approve an increase in its limiting rate, pursuant

26  to Section 18-190 of the Property Tax Code, affecting the
    SB2394 Enrolled  - 1431 - LRB104 09208 AMC 19265 b

1   Base Tax Year, the PTELL EAV shall be equal to the product

2   of the equalized assessed valuation last used in the

3   calculation of general State aid under Section 18-8.05 of

4   this Code (now repealed) or Evidence-Based Funding under

5   this Section multiplied by an amount equal to one plus the

6   percentage increase, if any, in the Consumer Price Index

7   for All Urban Consumers for all items published by the

8   United States Department of Labor for the 12-month

9   calendar year preceding the Base Tax Year, plus the

10  equalized assessed valuation of new property, annexed

11  property, and recovered tax increment value and minus the

12  equalized assessed valuation of disconnected property.

13  As used in this paragraph (4), "new property" and

14  "recovered tax increment value" shall have the meanings

15  set forth in the Property Tax Extension Limitation Law.

16  (e) Base Funding Minimum calculation.

17  (1) For the 2017-2018 school year, the Base Funding

18  Minimum of an Organizational Unit or a Specially Funded

19  Unit shall be the amount of State funds distributed to the

20  Organizational Unit or Specially Funded Unit during the

21  2016-2017 school year prior to any adjustments and

22  specified appropriation amounts described in this

23  paragraph (1) from the following Sections, as calculated

24  by the State Superintendent: Section 18-8.05 of this Code

25  (now repealed); Section 5 of Article 224 of Public Act

26  99-524 (equity grants); Section 14-7.02b of this Code
    SB2394 Enrolled           - 1432 - LRB104 09208 AMC 19265 b

1   (funding for children requiring special education

2   services); Section 14-13.01 of this Code (special

3   education facilities and staffing), except for

4   reimbursement of the cost of transportation pursuant to

5   Section 14-13.01; Section 14C-12 of this Code (English

6   learners); and Section 18-4.3 of this Code (summer

7   school), based on an appropriation level of $13,121,600.

8   For a school district organized under Article 34 of this

9   Code, the Base Funding Minimum also includes (i) the funds

10  allocated to the school district pursuant to Section 1D-1

11  of this Code attributable to funding programs authorized

12  by the Sections of this Code listed in the preceding

13  sentence and (ii) the difference between (I) the funds

14  allocated to the school district pursuant to Section 1D-1

15  of this Code attributable to the funding programs

16  authorized by Section 14-7.02 (non-public special

17  education reimbursement), subsection (b) of Section

18  14-13.01 (special education transportation), Section 29-5

19  (transportation),  Section  2-3.80   (agricultural

20  education), Section 2-3.66 (truants' alternative

21  education), Section 2-3.62 (educational service centers),

22  and Section 14-7.03 (special education - orphanage) of

23  this Code and Section 15 of the Childhood Hunger Relief

24  Act (free breakfast program) and (II) the school

25  district's actual expenditures for its non-public special

26  education,       special  education  transportation,
    SB2394 Enrolled  - 1433 - LRB104 09208 AMC 19265 b

1   transportation programs, agricultural education, truants'

2   alternative education, services that would otherwise be

3   performed by a regional office of education, special

4   education orphanage expenditures, and free breakfast, as

5   most recently calculated and reported pursuant to

6   subsection (f) of Section 1D-1 of this Code. The Base

7   Funding Minimum for Glenwood Academy shall be $952,014.

8   For programs operated by a regional office of education or

9   an intermediate service center, the Base Funding Minimum

10  must be the total amount of State funds allocated to those

11  programs in the 2018-2019 school year and amounts provided

12  pursuant to Article 34 of Public Act 100-586 and Section

13  3-16 of this Code. All programs established after June 5,

14  2019 (the effective date of Public Act 101-10) and

15  administered by a regional office of education or an

16  intermediate service center must have an initial Base

17  Funding Minimum set to an amount equal to the first-year

18  ASE multiplied by the amount of per pupil funding received

19  in the previous school year by the lowest funded similar

20  existing program type. If the enrollment for a program

21  operated by a regional office of education or an

22  intermediate service center is zero, then it may not

23  receive Base Funding Minimum funds for that program in the

24  next fiscal year, and those funds must be distributed to

25  Organizational Units under subsection (g).

26  (2) For the 2018-2019 and subsequent school years, the
    SB2394 Enrolled  - 1434 - LRB104 09208 AMC 19265 b

1   Base Funding Minimum of Organizational Units and Specially

2   Funded Units shall be the sum of (i) the amount of

3   Evidence-Based Funding for the prior school year, (ii) the

4   Base Funding Minimum for the prior school year, and (iii)

5   any amount received by a school district pursuant to

6   Section 7 of Article 97 of Public Act 100-21.

7   For the 2022-2023 school year, the Base Funding

8   Minimum of Organizational Units shall be the amounts

9   recalculated by the State Board of Education for Fiscal

10  Year 2019 through Fiscal Year 2022 that were necessary due

11  to average student enrollment errors for districts

12  organized under Article 34 of this Code, plus the Fiscal

13  Year 2022 property tax relief grants provided under

14  Section 2-3.170 of this Code, ensuring each Organizational

15  Unit has the correct amount of resources for Fiscal Year

16  2023 Evidence-Based Funding calculations and that Fiscal

17  Year 2023 Evidence-Based Funding Distributions are made in

18  accordance with this Section.

19  (3) Subject to approval by the General Assembly as

20  provided in this paragraph (3), an Organizational Unit

21  that meets all of the following criteria, as determined by

22  the State Board, shall have District Intervention Money

23  added to its Base Funding Minimum at the time the Base

24  Funding Minimum is calculated by the State Board:

25  (A) The Organizational Unit is operating under an

26  Independent Authority under Section 2-3.25f-5 of this
    SB2394 Enrolled  - 1435 - LRB104 09208 AMC 19265 b

1   Code for a minimum of 4 school years or is subject to

2   the control of the State Board pursuant to a court

3   order for a minimum of 4 school years.

4   (B) The Organizational Unit was designated as a

5   Tier 1 or Tier 2 Organizational Unit in the previous

6   school year under paragraph (3) of subsection (g) of

7   this Section.

8   (C) The Organizational Unit demonstrates

9   sustainability through a 5-year financial and

10  strategic plan.

11  (D) The Organizational Unit has made sufficient

12  progress and achieved sufficient stability in the

13  areas of governance, academic growth, and finances.

14  As part of its determination under this paragraph (3),

15  the State Board may consider the Organizational Unit's

16  summative designation, any accreditations of the

17  Organizational Unit, or the Organizational Unit's

18  financial profile, as calculated by the State Board.

19  If the State Board determines that an Organizational

20  Unit has met the criteria set forth in this paragraph (3),

21  it must submit a report to the General Assembly, no later

22  than January 2 of the fiscal year in which the State Board

23  makes it determination, on the amount of District

24  Intervention Money to add to the Organizational Unit's

25  Base Funding Minimum. The General Assembly must review the

26  State Board's report and may approve or disapprove, by
    SB2394 Enrolled  - 1436 - LRB104 09208 AMC 19265 b

1   joint resolution, the addition of District Intervention

2   Money. If the General Assembly fails to act on the report

3   within 40 calendar days from the receipt of the report,

4   the addition of District Intervention Money is deemed

5   approved. If the General Assembly approves the amount of

6   District Intervention Money to be added to the

7   Organizational Unit's Base Funding Minimum, the District

8   Intervention Money must be added to the Base Funding

9   Minimum annually thereafter.

10  For the first 4 years following the initial year that

11  the State Board determines that an Organizational Unit has

12  met the criteria set forth in this paragraph (3) and has

13  received funding under this Section, the Organizational

14  Unit must annually submit to the State Board, on or before

15  November 30, a progress report regarding its financial and

16  strategic plan under subparagraph (C) of this paragraph

17  (3). The plan shall include the financial data from the

18  past 4 annual financial reports or financial audits that

19  must be presented to the State Board by November 15 of each

20  year and the approved budget financial data for the

21  current year. The plan shall be developed according to the

22  guidelines presented to the Organizational Unit by the

23  State Board. The plan shall further include financial

24  projections for the next 3 fiscal years and include a

25  discussion and financial summary of the Organizational

26  Unit's facility needs. If the Organizational Unit does not
    SB2394 Enrolled       - 1437 - LRB104 09208 AMC 19265 b

1   demonstrate sufficient progress toward its 5-year plan or

2   if it has failed to file an annual financial report, an

3   annual budget, a financial plan, a deficit reduction plan,

4   or other financial information as required by law, the

5   State Board may establish a Financial Oversight Panel

6   under Article 1H of this Code. However, if the

7   Organizational Unit already has a Financial Oversight

8   Panel, the State Board may extend the duration of the

9   Panel.

10  (f) Percent of Adequacy and Final Resources calculation.

11  (1) The Evidence-Based Funding formula establishes a

12  Percent of Adequacy for each Organizational Unit in order

13  to place such units into tiers for the purposes of the

14  funding distribution system described in subsection (g) of

15  this Section. Initially, an Organizational Unit's

16  Preliminary Resources and Preliminary Percent of Adequacy

17  are calculated pursuant to paragraph (2) of this

18  subsection (f). Then, an Organizational Unit's Final

19  Resources and Final Percent of Adequacy are calculated to

20  account for the Organizational Unit's poverty

21  concentration levels pursuant to paragraphs (3) and (4) of

22  this subsection (f).

23  (2) An Organizational Unit's Preliminary Resources are

24  equal to the sum of its Local Capacity Target, CPPRT, and

25  Base Funding Minimum. An Organizational Unit's Preliminary

26  Percent of Adequacy is the lesser of (i) its Preliminary
    SB2394 Enrolled       - 1438 - LRB104 09208 AMC 19265 b

1   Resources divided by its Adequacy Target or (ii) 100%.

2   (3) Except for Specially Funded Units, an

3   Organizational Unit's Final Resources are equal to the sum

4   of its Local Capacity, CPPRT, and Adjusted Base Funding

5   Minimum. The Base Funding Minimum of each Specially Funded

6   Unit shall serve as its Final Resources, except that the

7   Base Funding Minimum for State-approved charter schools

8   shall not include any portion of general State aid

9   allocated in the prior year based on the per capita

10  tuition charge times the charter school enrollment.

11  (4) An Organizational Unit's Final Percent of Adequacy

12  is its Final Resources divided by its Adequacy Target. An

13  Organizational Unit's Adjusted Base Funding Minimum is

14  equal to its Base Funding Minimum less its Supplemental

15  Grant Funding, with the resulting figure added to the

16  product of its Supplemental Grant Funding and Preliminary

17  Percent of Adequacy.

18  (g) Evidence-Based Funding formula distribution system.

19  (1) In each school year under the Evidence-Based

20  Funding formula, each Organizational Unit receives funding

21  equal to the sum of its Base Funding Minimum and the unit's

22  allocation of New State Funds determined pursuant to this

23  subsection (g). To allocate New State Funds, the

24  Evidence-Based Funding formula distribution system first

25  places all Organizational Units into one of 4 tiers in

26  accordance with paragraph (3) of this subsection (g),
    SB2394 Enrolled  - 1439 - LRB104 09208 AMC 19265 b

1   based on the Organizational Unit's Final Percent of

2   Adequacy. New State Funds are allocated to each of the 4

3   tiers as follows: Tier 1 Aggregate Funding equals 50% of

4   all New State Funds, Tier 2 Aggregate Funding equals 49%

5   of all New State Funds, Tier 3 Aggregate Funding equals

6   0.9% of all New State Funds, and Tier 4 Aggregate Funding

7   equals 0.1% of all New State Funds. Each Organizational

8   Unit within Tier 1 or Tier 2 receives an allocation of New

9   State Funds equal to its tier Funding Gap, as defined in

10  the following sentence, multiplied by the tier's

11  Allocation Rate determined pursuant to paragraph (4) of

12  this subsection (g). For Tier 1, an Organizational Unit's

13  Funding Gap equals the tier's Target Ratio, as specified

14  in paragraph (5) of this subsection (g), multiplied by the

15  Organizational Unit's Adequacy Target, with the resulting

16  amount reduced by the Organizational Unit's Final

17  Resources. For Tier 2, an Organizational Unit's Funding

18  Gap equals the tier's Target Ratio, as described in

19  paragraph (5) of this subsection (g), multiplied by the

20  Organizational Unit's Adequacy Target, with the resulting

21  amount reduced by the Organizational Unit's Final

22  Resources and its Tier 1 funding allocation. To determine

23  the Organizational Unit's Funding Gap, the resulting

24  amount is then multiplied by a factor equal to one minus

25  the Organizational Unit's Local Capacity Target

26  percentage. Each Organizational Unit within Tier 3 or Tier
    SB2394 Enrolled    - 1440 - LRB104 09208 AMC 19265 b

1   4 receives an allocation of New State Funds equal to the

2   product of its Adequacy Target and the tier's Allocation

3   Rate, as specified in paragraph (4) of this subsection

4   (g).

5   (2) To ensure equitable distribution of dollars for

6   all Tier 2 Organizational Units, no Tier 2 Organizational

7   Unit shall receive fewer dollars per ASE than any Tier 3

8   Organizational Unit. Each Tier 2 and Tier 3 Organizational

9   Unit shall have its funding allocation divided by its ASE.

10  Any Tier 2 Organizational Unit with a funding allocation

11  per ASE below the greatest Tier 3 allocation per ASE shall

12  get a funding allocation equal to the greatest Tier 3

13  funding allocation per ASE multiplied by the

14  Organizational Unit's ASE. Each Tier 2 Organizational

15  Unit's Tier 2 funding allocation shall be multiplied by

16  the percentage calculated by dividing the original Tier 2

17  Aggregate Funding by the sum of all Tier 2 Organizational

18  Units' Tier 2 funding allocation after adjusting

19  districts' funding below Tier 3 levels.

20  (3) Organizational Units are placed into one of 4

21  tiers as follows:

22        (A) Tier 1 consists of all Organizational Units,

23  except for Specially Funded Units, with a Percent of

24  Adequacy less than the Tier 1 Target Ratio. The Tier 1

25  Target Ratio is the ratio level that allows for Tier 1

26  Aggregate Funding to be distributed, with the Tier 1
    SB2394 Enrolled         - 1441 - LRB104 09208 AMC 19265 b

1   Allocation Rate determined pursuant to paragraph (4)

2   of this subsection (g).

3   (B) Tier 2 consists of all Tier 1 Units and all

4   other Organizational Units, except for Specially

5   Funded Units, with a Percent of Adequacy of less than

6   0.90.

7   (C) Tier 3 consists of all Organizational Units,

8   except for Specially Funded Units, with a Percent of

9   Adequacy of at least 0.90 and less than 1.0.

10  (D) Tier 4 consists of all Organizational Units

11  with a Percent of Adequacy of at least 1.0.

12  (4) The Allocation Rates for Tiers 1 through 4 are

13  determined as follows:

14  (A) The Tier 1 Allocation Rate is 30%.

15  (B) The Tier 2 Allocation Rate is the result of the

16  following equation: Tier 2 Aggregate Funding, divided

17  by the sum of the Funding Gaps for all Tier 2

18  Organizational Units, unless the result of such

19  equation is higher than 1.0. If the result of such

20  equation is higher than 1.0, then the Tier 2

21  Allocation Rate is 1.0.

22  (C) The Tier 3 Allocation Rate is the result of the

23  following equation: Tier 3 Aggregate Funding, divided

24  by the sum of the Adequacy Targets of all Tier 3

25  Organizational Units.

26  (D) The Tier 4 Allocation Rate is the result of the
    SB2394 Enrolled  - 1442 - LRB104 09208 AMC 19265 b

1   following equation: Tier 4 Aggregate Funding, divided

2   by the sum of the Adequacy Targets of all Tier 4

3   Organizational Units.

4   (5) A tier's Target Ratio is determined as follows:

5   (A) The Tier 1 Target Ratio is the ratio level that

6   allows for Tier 1 Aggregate Funding to be distributed

7   with the Tier 1 Allocation Rate.

8   (B) The Tier 2 Target Ratio is 0.90.

9   (C) The Tier 3 Target Ratio is 1.0.

10  (6) If, at any point, the Tier 1 Target Ratio is

11  greater than 90%, then all Tier 1 funding shall be

12  allocated to Tier 2 and no Tier 1 Organizational Unit's

13  funding may be identified.

14  (7) In the event that all Tier 2 Organizational Units

15  receive funding at the Tier 2 Target Ratio level, any

16  remaining New State Funds shall be allocated to Tier 3 and

17  Tier 4 Organizational Units.

18  (8) If any Specially Funded Units, excluding Glenwood

19  Academy, recognized by the State Board do not qualify for

20  direct funding following the implementation of Public Act

21  100-465 from any of the funding sources included within

22  the definition of Base Funding Minimum, the unqualified

23  portion of the Base Funding Minimum shall be transferred

24  to one or more appropriate Organizational Units as

25  determined by the State Superintendent based on the prior

26  year ASE of the Organizational Units.
    SB2394 Enrolled  - 1443 - LRB104 09208 AMC 19265 b

1   (8.5) If a school district withdraws from a special

2   education cooperative, the portion of the Base Funding

3   Minimum that is attributable to the school district may be

4   redistributed to the school district upon withdrawal. The

5   school district and the cooperative must include the

6   amount of the Base Funding Minimum that is to be

7   reapportioned in their withdrawal agreement and notify the

8   State Board of the change with a copy of the agreement upon

9   withdrawal.

10  (9) The Minimum Funding Level is intended to establish

11  a target for State funding that will keep pace with

12  inflation and continue to advance equity through the

13  Evidence-Based Funding formula. The target for State

14  funding of New Property Tax Relief Pool Funds is

15  $50,000,000 for State fiscal year 2019 and subsequent

16  State fiscal years. The Minimum Funding Level is equal to

17  $350,000,000. In addition to any New State Funds, no more

18  than $50,000,000 New Property Tax Relief Pool Funds may be

19  counted toward the Minimum Funding Level. If the sum of

20  New State Funds and applicable New Property Tax Relief

21  Pool Funds are less than the Minimum Funding Level, than

22  funding for tiers shall be reduced in the following

23  manner:

24           (A) First, Tier 4 funding shall be reduced by an

25  amount equal to the difference between the Minimum

26  Funding Level and New State Funds until such time as
    SB2394 Enrolled          - 1444 - LRB104 09208 AMC 19265 b

1   Tier 4 funding is exhausted.

2   (B) Next, Tier 3 funding shall be reduced by an

3   amount equal to the difference between the Minimum

4   Funding Level and New State Funds and the reduction in

5   Tier 4 funding until such time as Tier 3 funding is

6   exhausted.

7   (C) Next, Tier 2 funding shall be reduced by an

8   amount equal to the difference between the Minimum

9   Funding Level and New State Funds and the reduction in

10  Tier 4 and Tier 3.

11  (D) Finally, Tier 1 funding shall be reduced by an

12  amount equal to the difference between the Minimum

13  Funding level and New State Funds and the reduction in

14  Tier 2, 3, and 4 funding. In addition, the Allocation

15  Rate for Tier 1 shall be reduced to a percentage equal

16  to the Tier 1 Allocation Rate set by paragraph (4) of

17  this subsection (g), multiplied by the result of New

18  State Funds divided by the Minimum Funding Level.

19  (9.5) For State fiscal year 2019 and subsequent State

20  fiscal years, if New State Funds exceed $300,000,000, then

21  any amount in excess of $300,000,000 shall be dedicated

22  for purposes of Section 2-3.170 of this Code up to a

23  maximum of $50,000,000.

24  (10) In the event of a decrease in the amount of the

25  appropriation for this Section in any fiscal year after

26  implementation of this Section, the Organizational Units
    SB2394 Enrolled  - 1445 - LRB104 09208 AMC 19265 b

1   receiving Tier 1 and Tier 2 funding, as determined under

2   paragraph (3) of this subsection (g), shall be held

3   harmless by establishing a Base Funding Guarantee equal to

4   the per pupil kindergarten through grade 12 funding

5   received in accordance with this Section in the prior

6   fiscal year. Reductions shall be made to the Base Funding

7   Minimum of Organizational Units in Tier 3 and Tier 4 on a

8   per pupil basis equivalent to the total number of the ASE

9   in Tier 3-funded and Tier 4-funded Organizational Units

10  divided by the total reduction in State funding. The Base

11  Funding Minimum as reduced shall continue to be applied to

12  Tier 3 and Tier 4 Organizational Units and adjusted by the

13  relative formula when increases in appropriations for this

14  Section resume. In no event may State funding reductions

15  to Organizational Units in Tier 3 or Tier 4 exceed an

16  amount that would be less than the Base Funding Minimum

17  established in the first year of implementation of this

18  Section. If additional reductions are required, all school

19  districts shall receive a reduction by a per pupil amount

20  equal to the aggregate additional appropriation reduction

21  divided by the total ASE of all Organizational Units.

22  (11) The State Superintendent shall make minor

23  adjustments to the distribution formula set forth in this

24  subsection (g) to account for the rounding of percentages

25  to the nearest tenth of a percentage and dollar amounts to

26  the nearest whole dollar.
    SB2394 Enrolled       - 1446 - LRB104 09208 AMC 19265 b

1   (h) State Superintendent administration of funding and

2 district submission requirements.

3   (1) The State Superintendent shall, in accordance with

4   appropriations made by the General Assembly, meet the

5   funding obligations created under this Section.

6   (2) The State Superintendent shall calculate the

7   Adequacy Target for each Organizational Unit under this

8   Section. No Evidence-Based Funding shall be distributed

9   within an Organizational Unit without the approval of the

10  unit's school board.

11  (3) Annually, the State Superintendent shall calculate

12  and report to each Organizational Unit the unit's

13  aggregate financial adequacy amount, which shall be the

14  sum of the Adequacy Target for each Organizational Unit.

15  The State Superintendent shall calculate and report

16  separately for each Organizational Unit the unit's total

17  State funds allocated for its students with disabilities.

18  The State Superintendent shall calculate and report

19  separately for each Organizational Unit the amount of

20  funding and applicable FTE calculated for each Essential

21  Element of the unit's Adequacy Target.

22  (4) Annually, the State Superintendent shall calculate

23  and report to each Organizational Unit the amount the unit

24  must expend on special education and bilingual education

25  and computer technology and equipment for Organizational

26  Units assigned to Tier 1 or Tier 2 that received an
    SB2394 Enrolled       - 1447 - LRB104 09208 AMC 19265 b

1   additional $285.50 per student computer technology and

2   equipment investment grant to their Adequacy Target

3   pursuant to the unit's Base Funding Minimum, Special

4   Education Allocation, Bilingual Education Allocation, and

5   computer technology and equipment investment allocation.

6   (5) Moneys distributed under this Section shall be

7   calculated on a school year basis, but paid on a fiscal

8   year basis, with payments beginning in August and

9   extending through June. Unless otherwise provided, the

10  moneys appropriated for each fiscal year shall be

11  distributed in 22 equal payments at least 2 times monthly

12  to each Organizational Unit. If moneys appropriated for

13  any fiscal year are distributed other than monthly, the

14  distribution shall be on the same basis for each

15  Organizational Unit.

16  (6) Any school district that fails, for any given

17  school year, to maintain school as required by law or to

18  maintain a recognized school is not eligible to receive

19  Evidence-Based Funding. In case of non-recognition of one

20  or more attendance centers in a school district otherwise

21  operating recognized schools, the claim of the district

22  shall be reduced in the proportion that the enrollment in

23  the attendance center or centers bears to the enrollment

24  of the school district. "Recognized school" means any

25  public school that meets the standards for recognition by

26  the State Board. A school district or attendance center
    SB2394 Enrolled  - 1448 - LRB104 09208 AMC 19265 b

1   not having recognition status at the end of a school term

2   is entitled to receive State aid payments due upon a legal

3   claim that was filed while it was recognized.

4   (7) School district claims filed under this Section

5   are subject to Sections 18-9 and 18-12 of this Code,

6   except as otherwise provided in this Section.

7   (8) Each fiscal year, the State Superintendent shall

8   calculate for each Organizational Unit an amount of its

9   Base Funding Minimum and Evidence-Based Funding that shall

10  be deemed attributable to the provision of special

11  educational facilities and services, as defined in Section

12  14-1.08 of this Code, in a manner that ensures compliance

13  with maintenance of State financial support requirements

14  under the federal Individuals with Disabilities Education

15  Act. An Organizational Unit must use such funds only for

16  the provision of special educational facilities and

17  services, as defined in Section 14-1.08 of this Code, and

18  must comply with any expenditure verification procedures

19  adopted by the State Board.

20  (9) All Organizational Units in this State must submit

21  annual spending plans, as part of the budget submission

22  process, no later than October 31 of each year to the State

23  Board. The spending plan shall describe how each

24  Organizational Unit will utilize the Base Funding Minimum

25  and Evidence-Based Funding it receives from this State

26  under this Section with specific identification of the
    SB2394 Enrolled  - 1449 - LRB104 09208 AMC 19265 b

1   intended utilization of Low-Income, English learner, and

2   special education resources. Additionally, the annual

3   spending plans of each Organizational Unit shall describe

4   how the Organizational Unit expects to achieve student

5   growth and how the Organizational Unit will achieve State

6   education goals, as defined by the State Board, and shall

7   indicate which stakeholder groups the Organizational Unit

8   engaged with to inform its annual spending plans. The

9   State Superintendent may, from time to time, identify

10  additional requisites for Organizational Units to satisfy

11  when compiling the annual spending plans required under

12  this subsection (h). The format and scope of annual

13  spending plans shall be developed by the State

14  Superintendent and the State Board of Education. School

15  districts that serve students under Article 14C of this

16  Code shall continue to submit information as required

17  under Section 14C-12 of this Code. Annual spending plans

18  required under this subsection (h) shall be integrated

19  into annual school district budgets completed pursuant to

20  Section 17-1 or Section 34-43. Organizational Units that

21  do not submit a budget to the State Board shall be provided

22  with a separate planning template developed by the State

23  Board. The State Board shall create an Evidence-Based

24  Funding spending plan tool to make Evidence-Based Funding

25  spending plan data for each Organizational Unit available

26  on the State Board's website no later than December 31,
    SB2394 Enrolled  - 1450 - LRB104 09208 AMC 19265 b

1   2025, with annual updates thereafter. The tool shall allow

2   for the selection and review of each Organizational Unit's

3   planned use of Evidence-Based Funding.

4   (10) No later than January 1, 2018, the State

5   Superintendent shall develop a 5-year strategic plan for

6   all Organizational Units to help in planning for adequacy

7   funding under this Section. The State Superintendent shall

8   submit the plan to the Governor and the General Assembly,

9   as provided in Section 3.1 of the General Assembly

10  Organization Act. The plan shall include recommendations

11  for:

12        (A) a framework for collaborative, professional,

13  innovative, and 21st century learning environments

14  using the Evidence-Based Funding model;

15        (B) ways to prepare and support this State's

16  educators for successful instructional careers;

17        (C) application and enhancement of the current

18  financial accountability measures, the approved State

19  plan to comply with the federal Every Student Succeeds

20  Act, and the Illinois Balanced Accountability Measures

21  in relation to student growth and elements of the

22  Evidence-Based Funding model; and

23        (D) implementation of an effective school adequacy

24  funding system based on projected and recommended

25  funding levels from the General Assembly.

26  (11) On an annual basis, the State Superintendent must
    SB2394 Enrolled     - 1451 - LRB104 09208 AMC 19265 b

1   recalibrate all of the following per pupil elements of the

2   Adequacy Target and applied to the formulas, based on the

3   study of average expenses and as reported in the most

4   recent annual financial report:

5   (A) Gifted under subparagraph (M) of paragraph (2)

6   of subsection (b).

7   (B) Instructional materials under subparagraph (O)

8   of paragraph (2) of subsection (b).

9   (C) Assessment under subparagraph (P) of paragraph

10  (2) of subsection (b).

11  (D) Student activities under subparagraph (R) of

12  paragraph (2) of subsection (b).

13  (E) Maintenance and operations under subparagraph

14  (S) of paragraph (2) of subsection (b).

15  (F) Central office under subparagraph (T) of

16  paragraph (2) of subsection (b).

17  (i) Professional Review Panel.

18  (1) A Professional Review Panel is created to study

19  and review topics related to the implementation and effect

20  of Evidence-Based Funding, as assigned by a joint

21  resolution or Public Act of the General Assembly or a

22  motion passed by the State Board of Education. The Panel

23  must provide recommendations to and serve the Governor,

24  the General Assembly, and the State Board. The State

25  Superintendent or his or her designee must serve as a

26  voting member and chairperson of the Panel. The State
    SB2394 Enrolled  - 1452 - LRB104 09208 AMC 19265 b

1   Superintendent must appoint a vice chairperson from the

2   membership of the Panel. The Panel must advance

3   recommendations based on a three-fifths majority vote of

4   Panel members present and voting. A minority opinion may

5   also accompany any recommendation of the Panel. The Panel

6   shall be appointed by the State Superintendent, except as

7   otherwise provided in paragraph (2) of this subsection (i)

8   and include the following members:

9   (A) Two appointees that represent district

10  superintendents, recommended by a statewide

11  organization that represents district superintendents.

12  (B) Two appointees that represent school boards,

13  recommended by a statewide organization that

14  represents school boards.

15  (C) Two appointees from districts that represent

16  school business officials, recommended by a statewide

17  organization that represents school business

18  officials.

19  (D) Two appointees that represent school

20  principals, recommended by a statewide organization

21  that represents school principals.

22  (E) Two appointees that represent teachers,

23  recommended by a statewide organization that

24  represents teachers.

25  (F) Two appointees that represent teachers,

26  recommended by another statewide organization that
    SB2394 Enrolled  - 1453 - LRB104 09208 AMC 19265 b

1   represents teachers.

2   (G) Two appointees that represent regional

3   superintendents of schools, recommended by

4   organizations that represent regional superintendents.

5   (H) Two independent experts selected solely by the

6   State Superintendent.

7   (I) Two independent experts recommended by public

8   universities in this State.

9   (J) One member recommended by a statewide

10  organization that represents parents.

11  (K) Two representatives recommended by collective

12  impact organizations that represent major metropolitan

13  areas or geographic areas in Illinois.

14  (L) One member from a statewide organization

15  focused on research-based education policy to support

16  a school system that prepares all students for

17  college, a career, and democratic citizenship.

18  (M) One representative from a school district

19  organized under Article 34 of this Code.

20  The State Superintendent shall ensure that the

21  membership of the Panel includes representatives from

22  school districts and communities reflecting the

23  geographic, socio-economic, racial, and ethnic diversity

24  of this State. The State Superintendent shall additionally

25  ensure that the membership of the Panel includes

26  representatives with expertise in bilingual education and
    SB2394 Enrolled  - 1454 - LRB104 09208 AMC 19265 b

1   special education. Staff from the State Board shall staff

2   the Panel.

3   (2) In addition to those Panel members appointed by

4   the State Superintendent, 4 members of the General

5   Assembly shall be appointed as follows: one member of the

6   House of Representatives appointed by the Speaker of the

7   House of Representatives, one member of the Senate

8   appointed by the President of the Senate, one member of

9   the House of Representatives appointed by the Minority

10  Leader of the House of Representatives, and one member of

11  the Senate appointed by the Minority Leader of the Senate.

12  There shall be one additional member appointed by the

13  Governor. All members appointed by legislative leaders or

14  the Governor shall be non-voting, ex officio members.

15  (3) The Panel must study topics at the direction of

16  the General Assembly or State Board of Education, as

17  provided under paragraph (1). The Panel may also study the

18  following topics at the direction of the chairperson:

19  (A) The format and scope of annual spending plans

20  referenced in paragraph (9) of subsection (h) of this

21  Section.

22  (B) The Comparable Wage Index under this Section.

23  (C) Maintenance and operations, including capital

24  maintenance and construction costs.

25  (D) "At-risk student" definition.

26  (E) Benefits.
    SB2394 Enrolled  - 1455 - LRB104 09208 AMC 19265 b

1   (F) Technology.

2   (G) Local Capacity Target.

3   (H) Funding for Alternative Schools, Laboratory

4   Schools, safe schools, and alternative learning

5   opportunities programs.

6   (I) Funding for college and career acceleration

7   strategies.

8   (J) Special education investments.

9   (K) Early childhood investments, in collaboration

10  with the Illinois Early Learning Council.

11  (4) (Blank).

12  (5) Within 5 years after the implementation of this

13  Section, and every 5 years thereafter, the Panel shall

14  complete an evaluative study of the entire Evidence-Based

15  Funding model, including an assessment of whether or not

16  the formula is achieving State goals. The Panel shall

17  report to the State Board, the General Assembly, and the

18  Governor on the findings of the study.

19  (6) (Blank).

20  (7) To ensure that (i) the Adequacy Target calculation

21  under subsection (b) accurately reflects the needs of

22  students living in poverty or attending schools located in

23  areas of high poverty, (ii) racial equity within the

24  Evidence-Based Funding formula is explicitly explored and

25  advanced, and (iii) the funding goals of the formula

26  distribution system established under this Section are
    SB2394 Enrolled  - 1456 - LRB104 09208 AMC 19265 b

1   sufficient to provide adequate funding for every student

2   and to fully fund every school in this State, the Panel

3   shall review the Essential Elements under paragraph (2) of

4   subsection (b). The Panel shall consider all of the

5   following in its review:

6   (A) The financial ability of school districts to

7   provide instruction in a foreign language to every

8   student and whether an additional Essential Element

9   should be added to the formula to ensure that every

10  student has access to instruction in a foreign

11  language.

12  (B) The adult-to-student ratio for each Essential

13  Element in which a ratio is identified. The Panel

14  shall consider whether the ratio accurately reflects

15  the staffing needed to support students living in

16  poverty or who have traumatic backgrounds.

17  (C) Changes to the Essential Elements that may be

18  required to better promote racial equity and eliminate

19  structural racism within schools.

20  (D) The impact of investing $350,000,000 in

21  additional funds each year under this Section and an

22  estimate of when the school system will become fully

23  funded under this level of appropriation.

24  (E) Provide an overview of alternative funding

25  structures that would enable the State to become fully

26  funded at an earlier date.
    SB2394 Enrolled    - 1457 - LRB104 09208 AMC 19265 b

1   (F) The potential to increase efficiency and to

2   find cost savings within the school system to expedite

3   the journey to a fully funded system.

4   (G) The appropriate levels for reenrolling and

5   graduating high-risk high school students who have

6   been previously out of school. These outcomes shall

7   include enrollment, attendance, skill gains, credit

8   gains, graduation or promotion to the next grade

9   level, and the transition to college, training, or

10  employment, with an emphasis on progressively

11  increasing the overall attendance.

12  (H) The evidence-based or research-based practices

13  that are shown to reduce the gaps and disparities

14  experienced by African American students in academic

15  achievement and educational performance, including

16  practices that have been shown to reduce disparities

17  in disciplinary rates, drop-out rates, graduation

18  rates, college matriculation rates, and college

19  completion rates.

20  On or before December 31, 2021, the Panel shall report

21  to the State Board, the General Assembly, and the Governor

22  on the findings of its review. This paragraph (7) is

23  inoperative on and after July 1, 2022.

24  (8) On or before April 1, 2024, the Panel must submit a

25  report to the General Assembly on annual adjustments to

26  Glenwood Academy's base-funding minimum in a similar
    SB2394 Enrolled            - 1458 - LRB104 09208 AMC 19265 b

1   fashion to school districts under this Section.

2   (j) References. Beginning July 1, 2017, references in

3 other laws to general State aid funds or calculations under

4 Section 18-8.05 of this Code (now repealed) shall be deemed to

5 be references to evidence-based model formula funds or

6 calculations under this Section.

7 (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;

8 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.

9 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,

10 eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;

11 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff.

12 1-1-25; revised 11-26-24.)

13  (105 ILCS 5/19-1)

14  Sec. 19-1. Debt limitations of school districts.

15  (a) School districts shall not be subject to the

16 provisions limiting their indebtedness prescribed in the Local

17 Government Debt Limitation Act.

18  No school districts maintaining grades K through 8 or 9

19 through 12 shall become indebted in any manner or for any

20 purpose to an amount, including existing indebtedness, in the

21 aggregate exceeding 6.9% on the value of the taxable property

22 therein to be ascertained by the last assessment for State and

23 county taxes or, until January 1, 1983, if greater, the sum

24 that is produced by multiplying the school district's 1978

25 equalized assessed valuation by the debt limitation percentage
    SB2394 Enrolled  - 1459 - LRB104 09208 AMC 19265 b

1 in effect on January 1, 1979, previous to the incurring of such

2 indebtedness.

3   No school districts maintaining grades K through 12 shall

4 become indebted in any manner or for any purpose to an amount,

5 including existing indebtedness, in the aggregate exceeding

6 13.8% on the value of the taxable property therein to be

7 ascertained by the last assessment for State and county taxes

8 or, until January 1, 1983, if greater, the sum that is produced

9 by multiplying the school district's 1978 equalized assessed

10 valuation by the debt limitation percentage in effect on

11 January 1, 1979, previous to the incurring of such

12 indebtedness.

13  No partial elementary unit district, as defined in Article

14 11E of this Code, shall become indebted in any manner or for

15 any purpose in an amount, including existing indebtedness, in

16 the aggregate exceeding 6.9% of the value of the taxable

17 property of the entire district, to be ascertained by the last

18 assessment for State and county taxes, plus an amount,

19 including existing indebtedness, in the aggregate exceeding

20 6.9% of the value of the taxable property of that portion of

21 the district included in the elementary and high school

22 classification, to be ascertained by the last assessment for

23 State and county taxes. Moreover, no partial elementary unit

24 district, as defined in Article 11E of this Code, shall become

25 indebted on account of bonds issued by the district for high

26 school purposes in the aggregate exceeding 6.9% of the value
    SB2394 Enrolled  - 1460 - LRB104 09208 AMC 19265 b

1 of the taxable property of the entire district, to be

2 ascertained by the last assessment for State and county taxes,

3 nor shall the district become indebted on account of bonds

4 issued by the district for elementary purposes in the

5 aggregate exceeding 6.9% of the value of the taxable property

6 for that portion of the district included in the elementary

7 and high school classification, to be ascertained by the last

8 assessment for State and county taxes.

9   Notwithstanding the provisions of any other law to the

10 contrary, in any case in which the voters of a school district

11 have approved a proposition for the issuance of bonds of such

12 school district at an election held prior to January 1, 1979,

13 and all of the bonds approved at such election have not been

14 issued, the debt limitation applicable to such school district

15 during the calendar year 1979 shall be computed by multiplying

16 the value of taxable property therein, including personal

17 property, as ascertained by the last assessment for State and

18 county taxes, previous to the incurring of such indebtedness,

19 by the percentage limitation applicable to such school

20 district under the provisions of this subsection (a).

21  (a-5) After January 1, 2018, no school district may issue

22 bonds under Sections 19-2 through 19-7 of this Code and rely on

23 an exception to the debt limitations in this Section unless it

24 has complied with the requirements of Section 21 of the Bond

25 Issue Notification Act and the bonds have been approved by

26 referendum.
    SB2394 Enrolled  - 1461 - LRB104 09208 AMC 19265 b

1   (b) Notwithstanding the debt limitation prescribed in

2 subsection (a) of this Section, additional indebtedness may be

3 incurred in an amount not to exceed the estimated cost of

4 acquiring or improving school sites or constructing and

5 equipping additional building facilities under the following

6 conditions:

7   (1) Whenever the enrollment of students for the next

8   school year is estimated by the board of education to

9   increase over the actual present enrollment by not less

10  than 35% or by not less than 200 students or the actual

11  present enrollment of students has increased over the

12  previous school year by not less than 35% or by not less

13  than 200 students and the board of education determines

14  that additional school sites or building facilities are

15  required as a result of such increase in enrollment; and

16  (2) When the Regional Superintendent of Schools having

17  jurisdiction over the school district and the State

18  Superintendent of Education concur in such enrollment

19  projection or increase and approve the need for such

20  additional school sites or building facilities and the

21  estimated cost thereof; and

22  (3) When the voters in the school district approve a

23  proposition for the issuance of bonds for the purpose of

24  acquiring or improving such needed school sites or

25  constructing and equipping such needed additional building

26  facilities at an election called and held for that
    SB2394 Enrolled  - 1462 - LRB104 09208 AMC 19265 b

1   purpose. Notice of such an election shall state that the

2   amount of indebtedness proposed to be incurred would

3   exceed the debt limitation otherwise applicable to the

4   school district. The ballot for such proposition shall

5   state what percentage of the equalized assessed valuation

6   will be outstanding in bonds if the proposed issuance of

7   bonds is approved by the voters; or

8   (4) Notwithstanding the provisions of paragraphs (1)

9   through (3) of this subsection (b), if the school board

10  determines that additional facilities are needed to

11  provide a quality educational program and not less than

12  2/3 of those voting in an election called by the school

13  board on the question approve the issuance of bonds for

14  the construction of such facilities, the school district

15  may issue bonds for this purpose; or

16  (5) Notwithstanding the provisions of paragraphs (1)

17  through (3) of this subsection (b), if (i) the school

18  district has previously availed itself of the provisions

19  of paragraph (4) of this subsection (b) to enable it to

20  issue bonds, (ii) the voters of the school district have

21  not defeated a proposition for the issuance of bonds since

22  the referendum described in paragraph (4) of this

23  subsection (b) was held, (iii) the school board determines

24  that additional facilities are needed to provide a quality

25  educational program, and (iv) a majority of those voting

26  in an election called by the school board on the question
    SB2394 Enrolled  - 1463 - LRB104 09208 AMC 19265 b

1   approve the issuance of bonds for the construction of such

2   facilities, the school district may issue bonds for this

3   purpose.

4   In no event shall the indebtedness incurred pursuant to

5 this subsection (b) and the existing indebtedness of the

6 school district exceed 15% of the value of the taxable

7 property therein to be ascertained by the last assessment for

8 State and county taxes, previous to the incurring of such

9 indebtedness or, until January 1, 1983, if greater, the sum

10 that is produced by multiplying the school district's 1978

11 equalized assessed valuation by the debt limitation percentage

12 in effect on January 1, 1979.

13  The indebtedness provided for by this subsection (b) shall

14 be in addition to and in excess of any other debt limitation.

15  (c) Notwithstanding the debt limitation prescribed in

16 subsection (a) of this Section, in any case in which a public

17 question for the issuance of bonds of a proposed school

18 district maintaining grades kindergarten through 12 received

19 at least 60% of the valid ballots cast on the question at an

20 election held on or prior to November 8, 1994, and in which the

21 bonds approved at such election have not been issued, the

22 school district pursuant to the requirements of Section 11A-10

23 (now repealed) may issue the total amount of bonds approved at

24 such election for the purpose stated in the question.

25  (d) Notwithstanding the debt limitation prescribed in

26 subsection (a) of this Section, a school district that meets
    SB2394 Enrolled  - 1464 - LRB104 09208 AMC 19265 b

1 all the criteria set forth in paragraphs (1) and (2) of this

2 subsection (d) may incur an additional indebtedness in an

3 amount not to exceed $4,500,000, even though the amount of the

4 additional indebtedness authorized by this subsection (d),

5 when incurred and added to the aggregate amount of

6 indebtedness of the district existing immediately prior to the

7 district incurring the additional indebtedness authorized by

8 this subsection (d), causes the aggregate indebtedness of the

9 district to exceed the debt limitation otherwise applicable to

10 that district under subsection (a):

11  (1) The additional indebtedness authorized by this

12  subsection (d) is incurred by the school district through

13  the issuance of bonds under and in accordance with Section

14  17-2.11a for the purpose of replacing a school building

15  which, because of mine subsidence damage, has been closed

16  as provided in paragraph (2) of this subsection (d) or

17  through the issuance of bonds under and in accordance with

18  Section 19-3 for the purpose of increasing the size of, or

19  providing for additional functions in, such replacement

20  school buildings, or both such purposes.

21  (2) The bonds issued by the school district as

22  provided in paragraph (1) above are issued for the

23  purposes of construction by the school district of a new

24  school building pursuant to Section 17-2.11, to replace an

25  existing school building that, because of mine subsidence

26  damage, is closed as of the end of the 1992-93 school year
    SB2394 Enrolled        - 1465 - LRB104 09208 AMC 19265 b

1   pursuant to action of the regional superintendent of

2   schools of the educational service region in which the

3   district is located under Section 3-14.22 or are issued

4   for the purpose of increasing the size of, or providing

5   for additional functions in, the new school building being

6   constructed to replace a school building closed as the

7   result of mine subsidence damage, or both such purposes.

8   (e) (Blank).

9   (f) Notwithstanding the provisions of subsection (a) of

10 this Section or of any other law, bonds in not to exceed the

11 aggregate amount of $5,500,000 and issued by a school district

12 meeting the following criteria shall not be considered

13 indebtedness for purposes of any statutory limitation and may

14 be issued in an amount or amounts, including existing

15 indebtedness, in excess of any heretofore or hereafter imposed

16 statutory limitation as to indebtedness:

17  (1) At the time of the sale of such bonds, the board of

18  education of the district shall have determined by

19  resolution that the enrollment of students in the district

20  is projected to increase by not less than 7% during each of

21  the next succeeding 2 school years.

22  (2) The board of education shall also determine by

23  resolution that the improvements to be financed with the

24  proceeds of the bonds are needed because of the projected

25  enrollment increases.

26  (3) The board of education shall also determine by
    SB2394 Enrolled         - 1466 - LRB104 09208 AMC 19265 b

1   resolution that the projected increases in enrollment are

2   the result of improvements made or expected to be made to

3   passenger rail facilities located in the school district.

4   Notwithstanding the provisions of subsection (a) of this

5 Section or of any other law, a school district that has availed

6 itself of the provisions of this subsection (f) prior to July

7 22, 2004 (the effective date of Public Act 93-799) may also

8 issue bonds approved by referendum up to an amount, including

9 existing indebtedness, not exceeding 25% of the equalized

10 assessed value of the taxable property in the district if all

11 of the conditions set forth in items (1), (2), and (3) of this

12 subsection (f) are met.

13  (g) Notwithstanding the provisions of subsection (a) of

14 this Section or any other law, bonds in not to exceed an

15 aggregate amount of 25% of the equalized assessed value of the

16 taxable property of a school district and issued by a school

17 district meeting the criteria in paragraphs (i) through (iv)

18 of this subsection shall not be considered indebtedness for

19 purposes of any statutory limitation and may be issued

20 pursuant to resolution of the school board in an amount or

21 amounts, including existing indebtedness, in excess of any

22 statutory limitation of indebtedness heretofore or hereafter

23 imposed:

24  (i) The bonds are issued for the purpose of

25  constructing a new high school building to replace two

26  adjacent existing buildings which together house a single
    SB2394 Enrolled  - 1467 - LRB104 09208 AMC 19265 b

1   high school, each of which is more than 65 years old, and

2   which together are located on more than 10 acres and less

3   than 11 acres of property.

4   (ii) At the time the resolution authorizing the

5   issuance of the bonds is adopted, the cost of constructing

6   a new school building to replace the existing school

7   building is less than 60% of the cost of repairing the

8   existing school building.

9   (iii) The sale of the bonds occurs before July 1,

10  1997.

11  (iv) The school district issuing the bonds is a unit

12  school district located in a county of less than 70,000

13  and more than 50,000 inhabitants, which has an average

14  daily attendance of less than 1,500 and an equalized

15  assessed valuation of less than $29,000,000.

16  (h) Notwithstanding any other provisions of this Section

17 or the provisions of any other law, until January 1, 1998, a

18 community unit school district maintaining grades K through 12

19 may issue bonds up to an amount, including existing

20 indebtedness, not exceeding 27.6% of the equalized assessed

21 value of the taxable property in the district, if all of the

22 following conditions are met:

23  (i) The school district has an equalized assessed

24  valuation for calendar year 1995 of less than $24,000,000;

25  (ii) The bonds are issued for the capital improvement,

26  renovation, rehabilitation, or replacement of existing
    SB2394 Enrolled         - 1468 - LRB104 09208 AMC 19265 b

1   school buildings of the district, all of which buildings

2   were originally constructed not less than 40 years ago;

3   (iii) The voters of the district approve a proposition

4   for the issuance of the bonds at a referendum held after

5   March 19, 1996; and

6   (iv) The bonds are issued pursuant to Sections 19-2

7   through 19-7 of this Code.

8   (i) Notwithstanding any other provisions of this Section

9 or the provisions of any other law, until January 1, 1998, a

10 community unit school district maintaining grades K through 12

11 may issue bonds up to an amount, including existing

12 indebtedness, not exceeding 27% of the equalized assessed

13 value of the taxable property in the district, if all of the

14 following conditions are met:

15  (i) The school district has an equalized assessed

16  valuation for calendar year 1995 of less than $44,600,000;

17  (ii) The bonds are issued for the capital improvement,

18  renovation, rehabilitation, or replacement of existing

19  school buildings of the district, all of which existing

20  buildings were originally constructed not less than 80

21  years ago;

22  (iii) The voters of the district approve a proposition

23  for the issuance of the bonds at a referendum held after

24  December 31, 1996; and

25  (iv) The bonds are issued pursuant to Sections 19-2

26  through 19-7 of this Code.
    SB2394 Enrolled  - 1469 - LRB104 09208 AMC 19265 b

1   (j) Notwithstanding any other provisions of this Section

2 or the provisions of any other law, until January 1, 1999, a

3 community unit school district maintaining grades K through 12

4 may issue bonds up to an amount, including existing

5 indebtedness, not exceeding 27% of the equalized assessed

6 value of the taxable property in the district if all of the

7 following conditions are met:

8   (i) The school district has an equalized assessed

9   valuation for calendar year 1995 of less than $140,000,000

10  and a best 3 months average daily attendance for the

11  1995-96 school year of at least 2,800;

12  (ii) The bonds are issued to purchase a site and build

13  and equip a new high school, and the school district's

14  existing high school was originally constructed not less

15  than 35 years prior to the sale of the bonds;

16  (iii) At the time of the sale of the bonds, the board

17  of education determines by resolution that a new high

18  school is needed because of projected enrollment

19  increases;

20  (iv) At least 60% of those voting in an election held

21  after December 31, 1996 approve a proposition for the

22  issuance of the bonds; and

23  (v) The bonds are issued pursuant to Sections 19-2

24  through 19-7 of this Code.

25  (k) Notwithstanding the debt limitation prescribed in

26 subsection (a) of this Section, a school district that meets
    SB2394 Enrolled       - 1470 - LRB104 09208 AMC 19265 b

1 all the criteria set forth in paragraphs (1) through (4) of

2 this subsection (k) may issue bonds to incur an additional

3 indebtedness in an amount not to exceed $4,000,000 even though

4 the amount of the additional indebtedness authorized by this

5 subsection (k), when incurred and added to the aggregate

6 amount of indebtedness of the school district existing

7 immediately prior to the school district incurring such

8 additional indebtedness, causes the aggregate indebtedness of

9 the school district to exceed or increases the amount by which

10 the aggregate indebtedness of the district already exceeds the

11 debt limitation otherwise applicable to that school district

12 under subsection (a):

13  (1) the school district is located in 2 counties, and

14  a referendum to authorize the additional indebtedness was

15  approved by a majority of the voters of the school

16  district voting on the proposition to authorize that

17  indebtedness;

18  (2) the additional indebtedness is for the purpose of

19  financing a multi-purpose room addition to the existing

20  high school;

21  (3) the additional indebtedness, together with the

22  existing indebtedness of the school district, shall not

23  exceed 17.4% of the value of the taxable property in the

24  school district, to be ascertained by the last assessment

25  for State and county taxes; and

26  (4) the bonds evidencing the additional indebtedness
    SB2394 Enrolled    - 1471 - LRB104 09208 AMC 19265 b

1   are issued, if at all, within 120 days of August 14, 1998

2   (the effective date of Public Act 90-757).

3   (l) Notwithstanding any other provisions of this Section

4 or the provisions of any other law, until January 1, 2000, a

5 school district maintaining grades kindergarten through 8 may

6 issue bonds up to an amount, including existing indebtedness,

7 not exceeding 15% of the equalized assessed value of the

8 taxable property in the district if all of the following

9 conditions are met:

10  (i) the district has an equalized assessed valuation

11  for calendar year 1996 of less than $10,000,000;

12  (ii) the bonds are issued for capital improvement,

13  renovation, rehabilitation, or replacement of one or more

14  school buildings of the district, which buildings were

15  originally constructed not less than 70 years ago;

16  (iii) the voters of the district approve a proposition

17  for the issuance of the bonds at a referendum held on or

18  after March 17, 1998; and

19  (iv) the bonds are issued pursuant to Sections 19-2

20  through 19-7 of this Code.

21  (m) Notwithstanding any other provisions of this Section

22 or the provisions of any other law, until January 1, 1999, an

23 elementary school district maintaining grades K through 8 may

24 issue bonds up to an amount, excluding existing indebtedness,

25 not exceeding 18% of the equalized assessed value of the

26 taxable property in the district, if all of the following
    SB2394 Enrolled    - 1472 - LRB104 09208 AMC 19265 b

1 conditions are met:

2   (i) The school district has an equalized assessed

3   valuation for calendar year 1995 or less than $7,700,000;

4   (ii) The school district operates 2 elementary

5   attendance centers that until 1976 were operated as the

6   attendance centers of 2 separate and distinct school

7   districts;

8   (iii) The bonds are issued for the construction of a

9   new elementary school building to replace an existing

10  multi-level elementary school building of the school

11  district that is not accessible at all levels and parts of

12  which were constructed more than 75 years ago;

13  (iv) The voters of the school district approve a

14  proposition for the issuance of the bonds at a referendum

15  held after July 1, 1998; and

16  (v) The bonds are issued pursuant to Sections 19-2

17  through 19-7 of this Code.

18  (n) Notwithstanding the debt limitation prescribed in

19 subsection (a) of this Section or any other provisions of this

20 Section or of any other law, a school district that meets all

21 of the criteria set forth in paragraphs (i) through (vi) of

22 this subsection (n) may incur additional indebtedness by the

23 issuance of bonds in an amount not exceeding the amount

24 certified by the Capital Development Board to the school

25 district as provided in paragraph (iii) of this subsection

26 (n), even though the amount of the additional indebtedness so
    SB2394 Enrolled      - 1473 - LRB104 09208 AMC 19265 b

1 authorized, when incurred and added to the aggregate amount of

2 indebtedness of the district existing immediately prior to the

3 district incurring the additional indebtedness authorized by

4 this subsection (n), causes the aggregate indebtedness of the

5 district to exceed the debt limitation otherwise applicable by

6 law to that district:

7   (i) The school district applies to the State Board of

8   Education for a school construction project grant and

9   submits a district facilities plan in support of its

10  application pursuant to Section 5-20 of the School

11  Construction Law.

12  (ii) The school district's application and facilities

13  plan are approved by, and the district receives a grant

14  entitlement for a school construction project issued by,

15  the State Board of Education under the School Construction

16  Law.

17  (iii) The school district has exhausted its bonding

18  capacity or the unused bonding capacity of the district is

19  less than the amount certified by the Capital Development

20  Board to the district under Section 5-15 of the School

21  Construction Law as the dollar amount of the school

22  construction project's cost that the district will be

23  required to finance with non-grant funds in order to

24  receive a school construction project grant under the

25  School Construction Law.

26  (iv) The bonds are issued for a "school construction
    SB2394 Enrolled          - 1474 - LRB104 09208 AMC 19265 b

1   project", as that term is defined in Section 5-5 of the

2   School Construction Law, in an amount that does not exceed

3   the dollar amount certified, as provided in paragraph

4   (iii) of this subsection (n), by the Capital Development

5   Board to the school district under Section 5-15 of the

6   School Construction Law.

7   (v) The voters of the district approve a proposition

8   for the issuance of the bonds at a referendum held after

9   the criteria specified in paragraphs (i) and (iii) of this

10  subsection (n) are met.

11  (vi) The bonds are issued pursuant to Sections 19-2

12  through 19-7 of the School Code.

13  (o) Notwithstanding any other provisions of this Section

14 or the provisions of any other law, until November 1, 2007, a

15 community unit school district maintaining grades K through 12

16 may issue bonds up to an amount, including existing

17 indebtedness, not exceeding 20% of the equalized assessed

18 value of the taxable property in the district if all of the

19 following conditions are met:

20  (i) the school district has an equalized assessed

21  valuation for calendar year 2001 of at least $737,000,000

22  and an enrollment for the 2002-2003 school year of at

23  least 8,500;

24  (ii) the bonds are issued to purchase school sites,

25  build and equip a new high school, build and equip a new

26  junior high school, build and equip 5 new elementary
    SB2394 Enrolled        - 1475 - LRB104 09208 AMC 19265 b

1   schools, and make technology and other improvements and

2   additions to existing schools;

3   (iii) at the time of the sale of the bonds, the board

4   of education determines by resolution that the sites and

5   new or improved facilities are needed because of projected

6   enrollment increases;

7   (iv) at least 57% of those voting in a general

8   election held prior to January 1, 2003 approved a

9   proposition for the issuance of the bonds; and

10  (v) the bonds are issued pursuant to Sections 19-2

11  through 19-7 of this Code.

12  (p) Notwithstanding any other provisions of this Section

13 or the provisions of any other law, a community unit school

14 district maintaining grades K through 12 may issue bonds up to

15 an amount, including indebtedness, not exceeding 27% of the

16 equalized assessed value of the taxable property in the

17 district if all of the following conditions are met:

18  (i) The school district has an equalized assessed

19  valuation for calendar year 2001 of at least $295,741,187

20  and a best 3 months' average daily attendance for the

21  2002-2003 school year of at least 2,394.

22  (ii) The bonds are issued to build and equip 3

23  elementary school buildings; build and equip one middle

24  school building; and alter, repair, improve, and equip all

25  existing school buildings in the district.

26  (iii) At the time of the sale of the bonds, the board
    SB2394 Enrolled  - 1476 - LRB104 09208 AMC 19265 b

1   of education determines by resolution that the project is

2   needed because of expanding growth in the school district

3   and a projected enrollment increase.

4   (iv) The bonds are issued pursuant to Sections 19-2

5   through 19-7 of this Code.

6   (p-5) Notwithstanding any other provisions of this Section

7 or the provisions of any other law, bonds issued by a community

8 unit school district maintaining grades K through 12 shall not

9 be considered indebtedness for purposes of any statutory

10 limitation and may be issued in an amount or amounts,

11 including existing indebtedness, in excess of any heretofore

12 or hereafter imposed statutory limitation as to indebtedness,

13 if all of the following conditions are met:

14  (i) For each of the 4 most recent years, residential

15  property comprises more than 80% of the equalized assessed

16  valuation of the district.

17  (ii) At least 2 school buildings that were constructed

18  40 or more years prior to the issuance of the bonds will be

19  demolished and will be replaced by new buildings or

20  additions to one or more existing buildings.

21  (iii) Voters of the district approve a proposition for

22  the issuance of the bonds at a regularly scheduled

23  election.

24  (iv) At the time of the sale of the bonds, the school

25  board determines by resolution that the new buildings or

26  building additions are needed because of an increase in
    SB2394 Enrolled  - 1477 - LRB104 09208 AMC 19265 b

1   enrollment projected by the school board.

2   (v) The principal amount of the bonds, including

3   existing indebtedness, does not exceed 25% of the

4   equalized assessed value of the taxable property in the

5   district.

6   (vi) The bonds are issued prior to January 1, 2007,

7   pursuant to Sections 19-2 through 19-7 of this Code.

8   (p-10) Notwithstanding any other provisions of this

9 Section or the provisions of any other law, bonds issued by a

10 community consolidated school district maintaining grades K

11 through 8 shall not be considered indebtedness for purposes of

12 any statutory limitation and may be issued in an amount or

13 amounts, including existing indebtedness, in excess of any

14 heretofore or hereafter imposed statutory limitation as to

15 indebtedness, if all of the following conditions are met:

16  (i) For each of the 4 most recent years, residential

17  and farm property comprises more than 80% of the equalized

18  assessed valuation of the district.

19  (ii) The bond proceeds are to be used to acquire and

20  improve school sites and build and equip a school

21  building.

22  (iii) Voters of the district approve a proposition for

23  the issuance of the bonds at a regularly scheduled

24  election.

25  (iv) At the time of the sale of the bonds, the school

26  board determines by resolution that the school sites and
    SB2394 Enrolled  - 1478 - LRB104 09208 AMC 19265 b

1   building additions are needed because of an increase in

2   enrollment projected by the school board.

3        (v) The principal amount of the bonds, including

4   existing indebtedness, does not exceed 20% of the

5   equalized assessed value of the taxable property in the

6   district.

7        (vi) The bonds are issued prior to January 1, 2007,

8   pursuant to Sections 19-2 through 19-7 of this Code.

9   (p-15) In addition to all other authority to issue bonds,

10 the Oswego Community Unit School District Number 308 may issue

11 bonds with an aggregate principal amount not to exceed

12 $450,000,000, but only if all of the following conditions are

13 met:

14       (i) The voters of the district have approved a

15  proposition for the bond issue at the general election

16  held on November 7, 2006.

17       (ii) At the time of the sale of the bonds, the school

18  board determines, by resolution, that: (A) the building

19  and equipping of the new high school building, new junior

20  high school buildings, new elementary school buildings,

21  early childhood building, maintenance building,

22  transportation facility, and additions to existing school

23  buildings, the altering, repairing, equipping, and

24  provision of technology improvements to existing school

25  buildings, and the acquisition and improvement of school

26  sites, as the case may be, are required as a result of a
    SB2394 Enrolled  - 1479 - LRB104 09208 AMC 19265 b

1   projected increase in the enrollment of students in the

2   district; and (B) the sale of bonds for these purposes is

3   authorized by legislation that exempts the debt incurred

4   on the bonds from the district's statutory debt

5   limitation.

6        (iii) The bonds are issued, in one or more bond

7   issues, on or before November 7, 2011, but the aggregate

8   principal amount issued in all such bond issues combined

9   must not exceed $450,000,000.

10       (iv) The bonds are issued in accordance with this

11  Article 19.

12       (v) The proceeds of the bonds are used only to

13  accomplish those projects approved by the voters at the

14  general election held on November 7, 2006.

15 The debt incurred on any bonds issued under this subsection

16 (p-15) shall not be considered indebtedness for purposes of

17 any statutory debt limitation.

18  (p-20) In addition to all other authority to issue bonds,

19 the Lincoln-Way Community High School District Number 210 may

20 issue bonds with an aggregate principal amount not to exceed

21 $225,000,000, but only if all of the following conditions are

22 met:

23       (i) The voters of the district have approved a

24  proposition for the bond issue at the general primary

25  election held on March 21, 2006.

26       (ii) At the time of the sale of the bonds, the school
    SB2394 Enrolled  - 1480 - LRB104 09208 AMC 19265 b

1   board determines, by resolution, that: (A) the building

2   and equipping of the new high school buildings, the

3   altering, repairing, and equipping of existing school

4   buildings, and the improvement of school sites, as the

5   case may be, are required as a result of a projected

6   increase in the enrollment of students in the district;

7   and (B) the sale of bonds for these purposes is authorized

8   by legislation that exempts the debt incurred on the bonds

9   from the district's statutory debt limitation.

10  (iii) The bonds are issued, in one or more bond

11  issues, on or before March 21, 2011, but the aggregate

12  principal amount issued in all such bond issues combined

13  must not exceed $225,000,000.

14  (iv) The bonds are issued in accordance with this

15  Article 19.

16  (v) The proceeds of the bonds are used only to

17  accomplish those projects approved by the voters at the

18  primary election held on March 21, 2006.

19 The debt incurred on any bonds issued under this subsection

20 (p-20) shall not be considered indebtedness for purposes of

21 any statutory debt limitation.

22  (p-25) In addition to all other authority to issue bonds,

23 Rochester Community Unit School District 3A may issue bonds

24 with an aggregate principal amount not to exceed $18,500,000,

25 but only if all of the following conditions are met:

26  (i) The voters of the district approve a proposition
    SB2394 Enrolled         - 1481 - LRB104 09208 AMC 19265 b

1   for the bond issuance at the general primary election held

2   in 2008.

3   (ii) At the time of the sale of the bonds, the school

4   board determines, by resolution, that: (A) the building

5   and equipping of a new high school building; the addition

6   of classrooms and support facilities at the high school,

7   middle school, and elementary school; the altering,

8   repairing, and equipping of existing school buildings; and

9   the improvement of school sites, as the case may be, are

10  required as a result of a projected increase in the

11  enrollment of students in the district; and (B) the sale

12  of bonds for these purposes is authorized by a law that

13  exempts the debt incurred on the bonds from the district's

14  statutory debt limitation.

15  (iii) The bonds are issued, in one or more bond

16  issues, on or before December 31, 2012, but the aggregate

17  principal amount issued in all such bond issues combined

18  must not exceed $18,500,000.

19  (iv) The bonds are issued in accordance with this

20  Article 19.

21  (v) The proceeds of the bonds are used to accomplish

22  only those projects approved by the voters at the primary

23  election held in 2008.

24 The debt incurred on any bonds issued under this subsection

25 (p-25) shall not be considered indebtedness for purposes of

26 any statutory debt limitation.
    SB2394 Enrolled  - 1482 - LRB104 09208 AMC 19265 b

1   (p-30) In addition to all other authority to issue bonds,

2 Prairie Grove Consolidated School District 46 may issue bonds

3 with an aggregate principal amount not to exceed $30,000,000,

4 but only if all of the following conditions are met:

5   (i) The voters of the district approve a proposition

6   for the bond issuance at an election held in 2008.

7   (ii) At the time of the sale of the bonds, the school

8   board determines, by resolution, that (A) the building and

9   equipping of a new school building and additions to

10  existing school buildings are required as a result of a

11  projected increase in the enrollment of students in the

12  district and (B) the altering, repairing, and equipping of

13  existing school buildings are required because of the age

14  of the existing school buildings.

15  (iii) The bonds are issued, in one or more bond

16  issuances, on or before December 31, 2012; however, the

17  aggregate principal amount issued in all such bond

18  issuances combined must not exceed $30,000,000.

19  (iv) The bonds are issued in accordance with this

20  Article.

21  (v) The proceeds of the bonds are used to accomplish

22  only those projects approved by the voters at an election

23  held in 2008.

24 The debt incurred on any bonds issued under this subsection

25 (p-30) shall not be considered indebtedness for purposes of

26 any statutory debt limitation.
    SB2394 Enrolled          - 1483 - LRB104 09208 AMC 19265 b

1   (p-35) In addition to all other authority to issue bonds,

2 Prairie Hill Community Consolidated School District 133 may

3 issue bonds with an aggregate principal amount not to exceed

4 $13,900,000, but only if all of the following conditions are

5 met:

6       (i) The voters of the district approved a proposition

7   for the bond issuance at an election held on April 17,

8   2007.

9       (ii) At the time of the sale of the bonds, the school

10  board determines, by resolution, that (A) the improvement

11  of the site of and the building and equipping of a school

12  building are required as a result of a projected increase

13  in the enrollment of students in the district and (B) the

14  repairing and equipping of the Prairie Hill Elementary

15  School building is required because of the age of that

16  school building.

17      (iii) The bonds are issued, in one or more bond

18  issuances, on or before December 31, 2011, but the

19  aggregate principal amount issued in all such bond

20  issuances combined must not exceed $13,900,000.

21      (iv) The bonds are issued in accordance with this

22  Article.

23      (v) The proceeds of the bonds are used to accomplish

24  only those projects approved by the voters at an election

25  held on April 17, 2007.

26 The debt incurred on any bonds issued under this subsection
    SB2394 Enrolled          - 1484 - LRB104 09208 AMC 19265 b

1 (p-35) shall not be considered indebtedness for purposes of

2 any statutory debt limitation.

3   (p-40) In addition to all other authority to issue bonds,

4 Mascoutah Community Unit District 19 may issue bonds with an

5 aggregate principal amount not to exceed $55,000,000, but only

6 if all of the following conditions are met:

7   (1) The voters of the district approve a proposition

8   for the bond issuance at a regular election held on or

9   after November 4, 2008.

10  (2) At the time of the sale of the bonds, the school

11  board determines, by resolution, that (i) the building and

12  equipping of a new high school building is required as a

13  result of a projected increase in the enrollment of

14  students in the district and the age and condition of the

15  existing high school building, (ii) the existing high

16  school building will be demolished, and (iii) the sale of

17  bonds is authorized by statute that exempts the debt

18  incurred on the bonds from the district's statutory debt

19  limitation.

20  (3) The bonds are issued, in one or more bond

21  issuances, on or before December 31, 2011, but the

22  aggregate principal amount issued in all such bond

23  issuances combined must not exceed $55,000,000.

24  (4) The bonds are issued in accordance with this

25  Article.

26  (5) The proceeds of the bonds are used to accomplish
    SB2394 Enrolled  - 1485 - LRB104 09208 AMC 19265 b

1   only those projects approved by the voters at a regular

2   election held on or after November 4, 2008.

3   The debt incurred on any bonds issued under this

4 subsection (p-40) shall not be considered indebtedness for

5 purposes of any statutory debt limitation.

6   (p-45) Notwithstanding the provisions of subsection (a) of

7 this Section or of any other law, bonds issued pursuant to

8 Section 19-3.5 of this Code shall not be considered

9 indebtedness for purposes of any statutory limitation if the

10 bonds are issued in an amount or amounts, including existing

11 indebtedness of the school district, not in excess of 18.5% of

12 the value of the taxable property in the district to be

13 ascertained by the last assessment for State and county taxes.

14  (p-50) Notwithstanding the provisions of subsection (a) of

15 this Section or of any other law, bonds issued pursuant to

16 Section 19-3.10 of this Code shall not be considered

17 indebtedness for purposes of any statutory limitation if the

18 bonds are issued in an amount or amounts, including existing

19 indebtedness of the school district, not in excess of 43% of

20 the value of the taxable property in the district to be

21 ascertained by the last assessment for State and county taxes.

22  (p-55) In addition to all other authority to issue bonds,

23 Belle Valley School District 119 may issue bonds with an

24 aggregate principal amount not to exceed $47,500,000, but only

25 if all of the following conditions are met:

26  (1) The voters of the district approve a proposition
    SB2394 Enrolled  - 1486 - LRB104 09208 AMC 19265 b

1   for the bond issuance at an election held on or after April

2   7, 2009.

3   (2) Prior to the issuance of the bonds, the school

4   board determines, by resolution, that (i) the building and

5   equipping of a new school building is required as a result

6   of mine subsidence in an existing school building and

7   because of the age and condition of another existing

8   school building and (ii) the issuance of bonds is

9   authorized by statute that exempts the debt incurred on

10  the bonds from the district's statutory debt limitation.

11  (3) The bonds are issued, in one or more bond

12  issuances, on or before March 31, 2014, but the aggregate

13  principal amount issued in all such bond issuances

14  combined must not exceed $47,500,000.

15  (4) The bonds are issued in accordance with this

16  Article.

17  (5) The proceeds of the bonds are used to accomplish

18  only those projects approved by the voters at an election

19  held on or after April 7, 2009.

20  The debt incurred on any bonds issued under this

21 subsection (p-55) shall not be considered indebtedness for

22 purposes of any statutory debt limitation. Bonds issued under

23 this subsection (p-55) must mature within not to exceed 30

24 years from their date, notwithstanding any other law to the

25 contrary.

26  (p-60) In addition to all other authority to issue bonds,
    SB2394 Enrolled         - 1487 - LRB104 09208 AMC 19265 b

1 Wilmington Community Unit School District Number 209-U may

2 issue bonds with an aggregate principal amount not to exceed

3 $2,285,000, but only if all of the following conditions are

4 met:

5       (1) The proceeds of the bonds are used to accomplish

6   only those projects approved by the voters at the general

7   primary election held on March 21, 2006.

8       (2) Prior to the issuance of the bonds, the school

9   board determines, by resolution, that (i) the projects

10  approved by the voters were and are required because of

11  the age and condition of the school district's prior and

12  existing school buildings and (ii) the issuance of the

13  bonds is authorized by legislation that exempts the debt

14  incurred on the bonds from the district's statutory debt

15  limitation.

16      (3) The bonds are issued in one or more bond issuances

17  on or before March 1, 2011, but the aggregate principal

18  amount issued in all those bond issuances combined must

19  not exceed $2,285,000.

20      (4) The bonds are issued in accordance with this

21  Article.

22  The debt incurred on any bonds issued under this

23 subsection (p-60) shall not be considered indebtedness for

24 purposes of any statutory debt limitation.

25  (p-65) In addition to all other authority to issue bonds,

26 West Washington County Community Unit School District 10 may
    SB2394 Enrolled    - 1488 - LRB104 09208 AMC 19265 b

1 issue bonds with an aggregate principal amount not to exceed

2 $32,200,000 and maturing over a period not exceeding 25 years,

3 but only if all of the following conditions are met:

4   (1) The voters of the district approve a proposition

5   for the bond issuance at an election held on or after

6   February 2, 2010.

7   (2) Prior to the issuance of the bonds, the school

8   board determines, by resolution, that (A) all or a portion

9   of the existing Okawville Junior/Senior High School

10  Building will be demolished; (B) the building and

11  equipping of a new school building to be attached to and

12  the alteration, repair, and equipping of the remaining

13  portion of the Okawville Junior/Senior High School

14  Building is required because of the age and current

15  condition of that school building; and (C) the issuance of

16  bonds is authorized by a statute that exempts the debt

17  incurred on the bonds from the district's statutory debt

18  limitation.

19  (3) The bonds are issued, in one or more bond

20  issuances, on or before March 31, 2014, but the aggregate

21  principal amount issued in all such bond issuances

22  combined must not exceed $32,200,000.

23  (4) The bonds are issued in accordance with this

24  Article.

25  (5) The proceeds of the bonds are used to accomplish

26  only those projects approved by the voters at an election
    SB2394 Enrolled    - 1489 - LRB104 09208 AMC 19265 b

1   held on or after February 2, 2010.

2   The debt incurred on any bonds issued under this

3 subsection (p-65) shall not be considered indebtedness for

4 purposes of any statutory debt limitation.

5   (p-70) In addition to all other authority to issue bonds,

6 Cahokia Community Unit School District 187 may issue bonds

7 with an aggregate principal amount not to exceed $50,000,000,

8 but only if all the following conditions are met:

9   (1) The voters of the district approve a proposition

10  for the bond issuance at an election held on or after

11  November 2, 2010.

12  (2) Prior to the issuance of the bonds, the school

13  board determines, by resolution, that (i) the building and

14  equipping of a new school building is required as a result

15  of the age and condition of an existing school building

16  and (ii) the issuance of bonds is authorized by a statute

17  that exempts the debt incurred on the bonds from the

18  district's statutory debt limitation.

19  (3) The bonds are issued, in one or more issuances, on

20  or before July 1, 2016, but the aggregate principal amount

21  issued in all such bond issuances combined must not exceed

22  $50,000,000.

23  (4) The bonds are issued in accordance with this

24  Article.

25  (5) The proceeds of the bonds are used to accomplish

26  only those projects approved by the voters at an election
    SB2394 Enrolled    - 1490 - LRB104 09208 AMC 19265 b

1   held on or after November 2, 2010.

2   The debt incurred on any bonds issued under this

3 subsection (p-70) shall not be considered indebtedness for

4 purposes of any statutory debt limitation. Bonds issued under

5 this subsection (p-70) must mature within not to exceed 25

6 years from their date, notwithstanding any other law,

7 including Section 19-3 of this Code, to the contrary.

8   (p-75) Notwithstanding the debt limitation prescribed in

9 subsection (a) of this Section or any other provisions of this

10 Section or of any other law, the execution of leases on or

11 after January 1, 2007 and before July 1, 2011 by the Board of

12 Education of Peoria School District 150 with a public building

13 commission for leases entered into pursuant to the Public

14 Building Commission Act shall not be considered indebtedness

15 for purposes of any statutory debt limitation.

16  This subsection (p-75) applies only if the State Board of

17 Education or the Capital Development Board makes one or more

18 grants to Peoria School District 150 pursuant to the School

19 Construction Law. The amount exempted from the debt limitation

20 as prescribed in this subsection (p-75) shall be no greater

21 than the amount of one or more grants awarded to Peoria School

22 District 150 by the State Board of Education or the Capital

23 Development Board.

24  (p-80) In addition to all other authority to issue bonds,

25 Ridgeland School District 122 may issue bonds with an

26 aggregate principal amount not to exceed $50,000,000 for the
    SB2394 Enrolled  - 1491 - LRB104 09208 AMC 19265 b

1 purpose of refunding or continuing to refund bonds originally

2 issued pursuant to voter approval at the general election held

3 on November 7, 2000, and the debt incurred on any bonds issued

4 under this subsection (p-80) shall not be considered

5 indebtedness for purposes of any statutory debt limitation.

6 Bonds issued under this subsection (p-80) may be issued in one

7 or more issuances and must mature within not to exceed 25 years

8 from their date, notwithstanding any other law, including

9 Section 19-3 of this Code, to the contrary.

10  (p-85) In addition to all other authority to issue bonds,

11 Hall High School District 502 may issue bonds with an

12 aggregate principal amount not to exceed $32,000,000, but only

13 if all the following conditions are met:

14  (1) The voters of the district approve a proposition

15  for the bond issuance at an election held on or after April

16  9, 2013.

17  (2) Prior to the issuance of the bonds, the school

18  board determines, by resolution, that (i) the building and

19  equipping of a new school building is required as a result

20  of the age and condition of an existing school building,

21  (ii) the existing school building should be demolished in

22  its entirety or the existing school building should be

23  demolished except for the 1914 west wing of the building,

24  and (iii) the issuance of bonds is authorized by a statute

25  that exempts the debt incurred on the bonds from the

26  district's statutory debt limitation.
    SB2394 Enrolled    - 1492 - LRB104 09208 AMC 19265 b

1   (3) The bonds are issued, in one or more issuances,

2   not later than 5 years after the date of the referendum

3   approving the issuance of the bonds, but the aggregate

4   principal amount issued in all such bond issuances

5   combined must not exceed $32,000,000.

6   (4) The bonds are issued in accordance with this

7   Article.

8   (5) The proceeds of the bonds are used to accomplish

9   only those projects approved by the voters at an election

10  held on or after April 9, 2013.

11  The debt incurred on any bonds issued under this

12 subsection (p-85) shall not be considered indebtedness for

13 purposes of any statutory debt limitation. Bonds issued under

14 this subsection (p-85) must mature within not to exceed 30

15 years from their date, notwithstanding any other law,

16 including Section 19-3 of this Code, to the contrary.

17  (p-90) In addition to all other authority to issue bonds,

18 Lebanon Community Unit School District 9 may issue bonds with

19 an aggregate principal amount not to exceed $7,500,000, but

20 only if all of the following conditions are met:

21  (1) The voters of the district approved a proposition

22  for the bond issuance at the general primary election on

23  February 2, 2010.

24  (2) At or prior to the time of the sale of the bonds,

25  the school board determines, by resolution, that (i) the

26  building and equipping of a new elementary school building
    SB2394 Enrolled  - 1493 - LRB104 09208 AMC 19265 b

1   is required as a result of a projected increase in the

2   enrollment of students in the district and the age and

3   condition of the existing Lebanon Elementary School

4   building, (ii) a portion of the existing Lebanon

5   Elementary School building will be demolished and the

6   remaining portion will be altered, repaired, and equipped,

7   and (iii) the sale of bonds is authorized by a statute that

8   exempts the debt incurred on the bonds from the district's

9   statutory debt limitation.

10  (3) The bonds are issued, in one or more bond

11  issuances, on or before April 1, 2014, but the aggregate

12  principal amount issued in all such bond issuances

13  combined must not exceed $7,500,000.

14  (4) The bonds are issued in accordance with this

15  Article.

16  (5) The proceeds of the bonds are used to accomplish

17  only those projects approved by the voters at the general

18  primary election held on February 2, 2010.

19  The debt incurred on any bonds issued under this

20 subsection (p-90) shall not be considered indebtedness for

21 purposes of any statutory debt limitation.

22  (p-95) In addition to all other authority to issue bonds,

23 Monticello Community Unit School District 25 may issue bonds

24 with an aggregate principal amount not to exceed $35,000,000,

25 but only if all of the following conditions are met:

26  (1) The voters of the district approve a proposition
    SB2394 Enrolled    - 1494 - LRB104 09208 AMC 19265 b

1   for the bond issuance at an election held on or after

2   November 4, 2014.

3   (2) Prior to the issuance of the bonds, the school

4   board determines, by resolution, that (i) the building and

5   equipping of a new school building is required as a result

6   of the age and condition of an existing school building

7   and (ii) the issuance of bonds is authorized by a statute

8   that exempts the debt incurred on the bonds from the

9   district's statutory debt limitation.

10  (3) The bonds are issued, in one or more issuances, on

11  or before July 1, 2020, but the aggregate principal amount

12  issued in all such bond issuances combined must not exceed

13  $35,000,000.

14  (4) The bonds are issued in accordance with this

15  Article.

16  (5) The proceeds of the bonds are used to accomplish

17  only those projects approved by the voters at an election

18  held on or after November 4, 2014.

19  The debt incurred on any bonds issued under this

20 subsection (p-95) shall not be considered indebtedness for

21 purposes of any statutory debt limitation. Bonds issued under

22 this subsection (p-95) must mature within not to exceed 25

23 years from their date, notwithstanding any other law,

24 including Section 19-3 of this Code, to the contrary.

25  (p-100) In addition to all other authority to issue bonds,

26 the community unit school district created in the territory
    SB2394 Enrolled    - 1495 - LRB104 09208 AMC 19265 b

1 comprising Milford Community Consolidated School District 280

2 and Milford Township High School District 233, as approved at

3 the general primary election held on March 18, 2014, may issue

4 bonds with an aggregate principal amount not to exceed

5 $17,500,000, but only if all the following conditions are met:

6   (1) The voters of the district approve a proposition

7   for the bond issuance at an election held on or after

8   November 4, 2014.

9   (2) Prior to the issuance of the bonds, the school

10  board determines, by resolution, that (i) the building and

11  equipping of a new school building is required as a result

12  of the age and condition of an existing school building

13  and (ii) the issuance of bonds is authorized by a statute

14  that exempts the debt incurred on the bonds from the

15  district's statutory debt limitation.

16  (3) The bonds are issued, in one or more issuances, on

17  or before July 1, 2020, but the aggregate principal amount

18  issued in all such bond issuances combined must not exceed

19  $17,500,000.

20  (4) The bonds are issued in accordance with this

21  Article.

22  (5) The proceeds of the bonds are used to accomplish

23  only those projects approved by the voters at an election

24  held on or after November 4, 2014.

25  The debt incurred on any bonds issued under this

26 subsection (p-100) shall not be considered indebtedness for
    SB2394 Enrolled  - 1496 - LRB104 09208 AMC 19265 b

1 purposes of any statutory debt limitation. Bonds issued under

2 this subsection (p-100) must mature within not to exceed 25

3 years from their date, notwithstanding any other law,

4 including Section 19-3 of this Code, to the contrary.

5   (p-105) In addition to all other authority to issue bonds,

6 North Shore School District 112 may issue bonds with an

7 aggregate principal amount not to exceed $150,000,000, but

8 only if all of the following conditions are met:

9   (1) The voters of the district approve a proposition

10  for the bond issuance at an election held on or after March

11  15, 2016.

12  (2) Prior to the issuance of the bonds, the school

13  board determines, by resolution, that (i) the building and

14  equipping of new buildings and improving the sites thereof

15  and the building and equipping of additions to, altering,

16  repairing, equipping, and renovating existing buildings

17  and improving the sites thereof are required as a result

18  of the age and condition of the district's existing

19  buildings and (ii) the issuance of bonds is authorized by

20  a statute that exempts the debt incurred on the bonds from

21  the district's statutory debt limitation.

22  (3) The bonds are issued, in one or more issuances,

23  not later than 5 years after the date of the referendum

24  approving the issuance of the bonds, but the aggregate

25  principal amount issued in all such bond issuances

26  combined must not exceed $150,000,000.
    SB2394 Enrolled  - 1497 - LRB104 09208 AMC 19265 b

1   (4) The bonds are issued in accordance with this

2   Article.

3   (5) The proceeds of the bonds are used to accomplish

4   only those projects approved by the voters at an election

5   held on or after March 15, 2016.

6   The debt incurred on any bonds issued under this

7 subsection (p-105) and on any bonds issued to refund or

8 continue to refund such bonds shall not be considered

9 indebtedness for purposes of any statutory debt limitation.

10 Bonds issued under this subsection (p-105) and any bonds

11 issued to refund or continue to refund such bonds must mature

12 within not to exceed 30 years from their date, notwithstanding

13 any other law, including Section 19-3 of this Code, to the

14 contrary.

15  (p-110) In addition to all other authority to issue bonds,

16 Sandoval Community Unit School District 501 may issue bonds

17 with an aggregate principal amount not to exceed $2,000,000,

18 but only if all of the following conditions are met:

19  (1) The voters of the district approved a proposition

20  for the bond issuance at an election held on March 20,

21  2012.

22  (2) Prior to the issuance of the bonds, the school

23  board determines, by resolution, that (i) the building and

24  equipping of a new school building is required because of

25  the age and current condition of the Sandoval Elementary

26  School building and (ii) the issuance of bonds is
    SB2394 Enrolled          - 1498 - LRB104 09208 AMC 19265 b

1   authorized by a statute that exempts the debt incurred on

2   the bonds from the district's statutory debt limitation.

3        (3) The bonds are issued, in one or more bond

4   issuances, on or before March 19, 2022, but the aggregate

5   principal amount issued in all such bond issuances

6   combined must not exceed $2,000,000.

7        (4) The bonds are issued in accordance with this

8   Article.

9        (5) The proceeds of the bonds are used to accomplish

10  only those projects approved by the voters at the election

11  held on March 20, 2012.

12  The debt incurred on any bonds issued under this

13 subsection (p-110) and on any bonds issued to refund or

14 continue to refund the bonds shall not be considered

15 indebtedness for purposes of any statutory debt limitation.

16  (p-115) In addition to all other authority to issue bonds,

17 Bureau Valley Community Unit School District 340 may issue

18 bonds with an aggregate principal amount not to exceed

19 $25,000,000, but only if all of the following conditions are

20 met:

21       (1) The voters of the district approve a proposition

22  for the bond issuance at an election held on or after March

23  15, 2016.

24       (2) Prior to the issuances of the bonds, the school

25  board determines, by resolution, that (i) the renovating

26  and equipping of some existing school buildings, the
    SB2394 Enrolled  - 1499 - LRB104 09208 AMC 19265 b

1   building and equipping of new school buildings, and the

2   demolishing of some existing school buildings are required

3   as a result of the age and condition of existing school

4   buildings and (ii) the issuance of bonds is authorized by

5   a statute that exempts the debt incurred on the bonds from

6   the district's statutory debt limitation.

7   (3) The bonds are issued, in one or more issuances, on

8   or before July 1, 2021, but the aggregate principal amount

9   issued in all such bond issuances combined must not exceed

10  $25,000,000.

11  (4) The bonds are issued in accordance with this

12  Article.

13  (5) The proceeds of the bonds are used to accomplish

14  only those projects approved by the voters at an election

15  held on or after March 15, 2016.

16  The debt incurred on any bonds issued under this

17 subsection (p-115) shall not be considered indebtedness for

18 purposes of any statutory debt limitation. Bonds issued under

19 this subsection (p-115) must mature within not to exceed 30

20 years from their date, notwithstanding any other law,

21 including Section 19-3 of this Code, to the contrary.

22  (p-120) In addition to all other authority to issue bonds,

23 Paxton-Buckley-Loda Community Unit School District 10 may

24 issue bonds with an aggregate principal amount not to exceed

25 $28,500,000, but only if all the following conditions are met:

26  (1) The voters of the district approve a proposition
    SB2394 Enrolled    - 1500 - LRB104 09208 AMC 19265 b

1   for the bond issuance at an election held on or after

2   November 8, 2016.

3   (2) Prior to the issuance of the bonds, the school

4   board determines, by resolution, that (i) the projects as

5   described in said proposition, relating to the building

6   and equipping of one or more school buildings or additions

7   to existing school buildings, are required as a result of

8   the age and condition of the District's existing buildings

9   and (ii) the issuance of bonds is authorized by a statute

10  that exempts the debt incurred on the bonds from the

11  district's statutory debt limitation.

12  (3) The bonds are issued, in one or more issuances,

13  not later than 5 years after the date of the referendum

14  approving the issuance of the bonds, but the aggregate

15  principal amount issued in all such bond issuances

16  combined must not exceed $28,500,000.

17  (4) The bonds are issued in accordance with this

18  Article.

19  (5) The proceeds of the bonds are used to accomplish

20  only those projects approved by the voters at an election

21  held on or after November 8, 2016.

22  The debt incurred on any bonds issued under this

23 subsection (p-120) and on any bonds issued to refund or

24 continue to refund such bonds shall not be considered

25 indebtedness for purposes of any statutory debt limitation.

26 Bonds issued under this subsection (p-120) and any bonds
    SB2394 Enrolled       - 1501 - LRB104 09208 AMC 19265 b

1 issued to refund or continue to refund such bonds must mature

2 within not to exceed 25 years from their date, notwithstanding

3 any other law, including Section 19-3 of this Code, to the

4 contrary.

5   (p-125) In addition to all other authority to issue bonds,

6 Hillsboro Community Unit School District 3 may issue bonds

7 with an aggregate principal amount not to exceed $34,500,000,

8 but only if all the following conditions are met:

9   (1) The voters of the district approve a proposition

10  for the bond issuance at an election held on or after March

11  15, 2016.

12  (2) Prior to the issuance of the bonds, the school

13  board determines, by resolution, that (i) altering,

14  repairing,       and  equipping  the  high       school

15  agricultural/vocational building, demolishing the high

16  school main, cafeteria, and gym buildings, building and

17  equipping a school building, and improving sites are

18  required as a result of the age and condition of the

19  district's existing buildings and (ii) the issuance of

20  bonds is authorized by a statute that exempts the debt

21  incurred on the bonds from the district's statutory debt

22  limitation.

23  (3) The bonds are issued, in one or more issuances,

24  not later than 5 years after the date of the referendum

25  approving the issuance of the bonds, but the aggregate

26  principal amount issued in all such bond issuances
    SB2394 Enrolled     - 1502 - LRB104 09208 AMC 19265 b

1   combined must not exceed $34,500,000.

2   (4) The bonds are issued in accordance with this

3   Article.

4   (5) The proceeds of the bonds are used to accomplish

5   only those projects approved by the voters at an election

6   held on or after March 15, 2016.

7   The debt incurred on any bonds issued under this

8 subsection (p-125) and on any bonds issued to refund or

9 continue to refund such bonds shall not be considered

10 indebtedness for purposes of any statutory debt limitation.

11 Bonds issued under this subsection (p-125) and any bonds

12 issued to refund or continue to refund such bonds must mature

13 within not to exceed 25 years from their date, notwithstanding

14 any other law, including Section 19-3 of this Code, to the

15 contrary.

16  (p-130) In addition to all other authority to issue bonds,

17 Waltham Community Consolidated School District 185 may incur

18 indebtedness in an aggregate principal amount not to exceed

19 $9,500,000 to build and equip a new school building and

20 improve the site thereof, but only if all the following

21 conditions are met:

22  (1) A majority of the voters of the district voting on

23  an advisory question voted in favor of the question

24  regarding the use of funding sources to build a new school

25  building without increasing property tax rates at the

26  general election held on November 8, 2016.
    SB2394 Enrolled         - 1503 - LRB104 09208 AMC 19265 b

1   (2) Prior to incurring the debt, the school board

2   enters into intergovernmental agreements with the City of

3   LaSalle to pledge moneys in a special tax allocation fund

4   associated with tax increment financing districts LaSalle

5   I and LaSalle III and with the Village of Utica to pledge

6   moneys in a special tax allocation fund associated with

7   tax increment financing district Utica I for the purposes

8   of repaying the debt issued pursuant to this subsection

9   (p-130). Notwithstanding any other provision of law to the

10  contrary, the intergovernmental agreement may extend these

11  tax increment financing districts as necessary to ensure

12  repayment of the debt.

13  (3) Prior to incurring the debt, the school board

14  determines, by resolution, that (i) the building and

15  equipping of a new school building is required as a result

16  of the age and condition of the district's existing

17  buildings and (ii) the debt is authorized by a statute

18  that exempts the debt from the district's statutory debt

19  limitation.

20  (4) The debt is incurred, in one or more issuances,

21  not later than January 1, 2021, and the aggregate

22  principal amount of debt issued in all such issuances

23  combined must not exceed $9,500,000.

24  The debt incurred under this subsection (p-130) and on any

25 bonds issued to pay, refund, or continue to refund such debt

26 shall not be considered indebtedness for purposes of any
    SB2394 Enrolled        - 1504 - LRB104 09208 AMC 19265 b

1 statutory debt limitation. Debt issued under this subsection

2 (p-130) and any bonds issued to pay, refund, or continue to

3 refund such debt must mature within not to exceed 25 years from

4 their date, notwithstanding any other law, including Section

5 19-11 of this Code and subsection (b) of Section 17 of the

6 Local Government Debt Reform Act, to the contrary.

7   (p-133) Notwithstanding the provisions of subsection (a)

8 of this Section or of any other law, bonds heretofore or

9 hereafter issued by East Prairie School District 73 with an

10 aggregate principal amount not to exceed $47,353,147 and

11 approved by the voters of the district at the general election

12 held on November 8, 2016, and any bonds issued to refund or

13 continue to refund the bonds, shall not be considered

14 indebtedness for the purposes of any statutory debt limitation

15 and may mature within not to exceed 25 years from their date,

16 notwithstanding any other law, including Section 19-3 of this

17 Code, to the contrary.

18  (p-135) In addition to all other authority to issue bonds,

19 Brookfield LaGrange Park School District Number 95 may issue

20 bonds with an aggregate principal amount not to exceed

21 $20,000,000, but only if all the following conditions are met:

22  (1) The voters of the district approve a proposition

23  for the bond issuance at an election held on or after April

24  4, 2017.

25  (2) Prior to the issuance of the bonds, the school

26  board determines, by resolution, that (i) the additions
    SB2394 Enrolled  - 1505 - LRB104 09208 AMC 19265 b

1   and renovations to the Brook Park Elementary and S. E.

2   Gross Middle School buildings are required to accommodate

3   enrollment growth, replace outdated facilities, and create

4   spaces consistent with 21st century learning and (ii) the

5   issuance of the bonds is authorized by a statute that

6   exempts the debt incurred on the bonds from the district's

7   statutory debt limitation.

8   (3) The bonds are issued, in one or more issuances,

9   not later than 5 years after the date of the referendum

10  approving the issuance of the bonds, but the aggregate

11  principal amount issued in all such bond issuances

12  combined must not exceed $20,000,000.

13  (4) The bonds are issued in accordance with this

14  Article.

15  (5) The proceeds of the bonds are used to accomplish

16  only those projects approved by the voters at an election

17  held on or after April 4, 2017.

18  The debt incurred on any bonds issued under this

19 subsection (p-135) and on any bonds issued to refund or

20 continue to refund such bonds shall not be considered

21 indebtedness for purposes of any statutory debt limitation.

22  (p-140) The debt incurred on any bonds issued by Wolf

23 Branch School District 113 under Section 17-2.11 of this Code

24 for the purpose of repairing or replacing all or a portion of a

25 school building that has been damaged by mine subsidence in an

26 aggregate principal amount not to exceed $17,500,000 and on
    SB2394 Enrolled  - 1506 - LRB104 09208 AMC 19265 b

1 any bonds issued to refund or continue to refund those bonds

2 shall not be considered indebtedness for purposes of any

3 statutory debt limitation and must mature no later than 25

4 years from the date of issuance, notwithstanding any other

5 provision of law to the contrary, including Section 19-3 of

6 this Code. The maximum allowable amount of debt exempt from

7 statutory debt limitations under this subsection (p-140) shall

8 be reduced by an amount equal to any grants awarded by the

9 State Board of Education or Capital Development Board for the

10 explicit purpose of repairing or reconstructing a school

11 building damaged by mine subsidence.

12  (p-145) In addition to all other authority to issue bonds,

13 Greenview Community Unit School District 200 may issue bonds

14 with an aggregate principal amount not to exceed $3,500,000,

15 but only if all of the following conditions are met:

16  (1) The voters of the district approve a proposition

17  for the bond issuance at an election held on March 17,

18  2020.

19  (2) Prior to the issuance of the bonds, the school

20  board determines, by resolution, that the bonding is

21  necessary for construction and expansion of the district's

22  kindergarten through grade 12 facility.

23  (3) The bonds are issued, in one or more issuances,

24  not later than 5 years after the date of the referendum

25  approving the issuance of the bonds, but the aggregate

26  principal amount issued in all such bond issuances
    SB2394 Enrolled          - 1507 - LRB104 09208 AMC 19265 b

1   combined must not exceed $3,500,000.

2   (4) The bonds are issued in accordance with this

3   Article.

4   (5) The proceeds of the bonds are used to accomplish

5   only the projects approved by the voters at an election

6   held on March 17, 2020.

7   The debt incurred on any bonds issued under this

8 subsection (p-145) and on any bonds issued to refund or

9 continue to refund such bonds shall not be considered

10 indebtedness for purposes of any statutory debt limitation.

11 Bonds issued under this subsection (p-145) and any bonds

12 issued to refund or continue to refund such bonds must mature

13 within not to exceed 25 years from their date, notwithstanding

14 any other law, including Section 19-3 of this Code, to the

15 contrary.

16  (p-150) In addition to all other authority to issue bonds,

17 Komarek School District 94 may issue bonds with an aggregate

18 principal amount not to exceed $20,800,000, but only if all of

19 the following conditions are met:

20  (1) The voters of the district approve a proposition

21  for the bond issuance at an election held on or after March

22  17, 2020.

23  (2) Prior to the issuance of the bonds, the school

24  board determines, by resolution, that (i) building and

25  equipping additions to, altering, repairing, equipping, or

26  demolishing a portion of, or improving the site of the
    SB2394 Enrolled  - 1508 - LRB104 09208 AMC 19265 b

1   district's existing school building is required as a

2   result of the age and condition of the existing building

3   and (ii) the issuance of the bonds is authorized by a

4   statute that exempts the debt incurred on the bonds from

5   the district's statutory debt limitation.

6   (3) The bonds are issued, in one or more issuances, no

7   later than 5 years after the date of the referendum

8   approving the issuance of the bonds, but the aggregate

9   principal amount issued in all of the bond issuances

10  combined may not exceed $20,800,000.

11  (4) The bonds are issued in accordance with this

12  Article.

13  (5) The proceeds of the bonds are used to accomplish

14  only those projects approved by the voters at an election

15  held on or after March 17, 2020.

16  The debt incurred on any bonds issued under this

17 subsection (p-150) and on any bonds issued to refund or

18 continue to refund those bonds may not be considered

19 indebtedness for purposes of any statutory debt limitation.

20 Notwithstanding any other law to the contrary, including

21 Section 19-3, bonds issued under this subsection (p-150) and

22 any bonds issued to refund or continue to refund those bonds

23 must mature within 30 years from their date of issuance.

24  (p-155) In addition to all other authority to issue bonds,

25 Williamsville Community Unit School District 15 may issue

26 bonds with an aggregate principal amount not to exceed
    SB2394 Enrolled          - 1509 - LRB104 09208 AMC 19265 b

1 $40,000,000, but only if all of the following conditions are

2 met:

3       (1) The voters of the school district approve a

4   proposition for the bond issuance at an election held on

5   March 17, 2020.

6       (2) Prior to the issuance of the bonds, the school

7   board determines, by resolution, that the projects set

8   forth in the proposition for the bond issuance were and

9   are required because of the age and condition of the

10  school district's existing school buildings.

11      (3) The bonds are issued, in one or more issuances,

12  not later than 5 years after the date of the referendum

13  approving the issuance of the bonds, but the aggregate

14  principal amount issued in all such bond issuances

15  combined must not exceed $40,000,000.

16      (4) The bonds are issued in accordance with this

17  Article.

18      (5) The proceeds of the bonds are used to accomplish

19  only the projects approved by the voters at an election

20  held on March 17, 2020.

21  The debt incurred on any bonds issued under this

22 subsection (p-155) and on any bonds issued to refund or

23 continue to refund such bonds shall not be considered

24 indebtedness for purposes of any statutory debt limitation.

25 Bonds issued under this subsection (p-155) and any bonds

26 issued to refund or continue to refund such bonds must mature
    SB2394 Enrolled     - 1510 - LRB104 09208 AMC 19265 b

1 within not to exceed 25 years from their date, notwithstanding

2 any other law, including Section 19-3 of this Code, to the

3 contrary.

4   (p-160) In addition to all other authority to issue bonds,

5 Berkeley School District 87 may issue bonds with an aggregate

6 principal amount not to exceed $105,000,000, but only if all

7 of the following conditions are met:

8   (1) The voters of the district approve a proposition

9   for the bond issuance at the general primary election held

10  on March 17, 2020.

11  (2) Prior to the issuance of the bonds, the school

12  board determines, by resolution, that (i) building and

13  equipping a school building to replace the Sunnyside

14  Intermediate and MacArthur Middle School buildings;

15  building and equipping additions to and altering,

16  repairing, and equipping the Riley Intermediate and

17  Northlake Middle School buildings; altering, repairing,

18  and equipping the Whittier Primary and Jefferson Primary

19  School buildings; improving sites; renovating

20  instructional spaces; providing STEM (science, technology,

21  engineering, and mathematics) labs; and constructing life

22  safety, security, and infrastructure improvements are

23  required to replace outdated facilities and to provide

24  safe spaces consistent with 21st century learning and (ii)

25  the issuance of bonds is authorized by a statute that

26  exempts the debt incurred on the bonds from the district's
    SB2394 Enrolled  - 1511 - LRB104 09208 AMC 19265 b

1   statutory debt limitation.

2        (3) The bonds are issued, in one or more issuances,

3   not later than 5 years after the date of the referendum

4   approving the issuance of the bonds, but the aggregate

5   principal amount issued in all such bond issuances

6   combined must not exceed $105,000,000.

7        (4) The bonds are issued in accordance with this

8   Article.

9        (5) The proceeds of the bonds are used to accomplish

10  only those projects approved by the voters at the general

11  primary election held on March 17, 2020.

12  The debt incurred on any bonds issued under this

13 subsection (p-160) and on any bonds issued to refund or

14 continue to refund such bonds shall not be considered

15 indebtedness for purposes of any statutory debt limitation.

16  (p-165) In addition to all other authority to issue bonds,

17 Elmwood Park Community Unit School District 401 may issue

18 bonds with an aggregate principal amount not to exceed

19 $55,000,000, but only if all of the following conditions are

20 met:

21       (1) The voters of the district approve a proposition

22  for the bond issuance at an election held on or after March

23  17, 2020.

24       (2) Prior to the issuance of the bonds, the school

25  board determines, by resolution, that (i) the building and

26  equipping of an addition to the John Mills Elementary
    SB2394 Enrolled  - 1512 - LRB104 09208 AMC 19265 b

1   School building; the renovating, altering, repairing, and

2   equipping of the John Mills and Elmwood Elementary School

3   buildings; the installation of safety and security

4   improvements; and the improvement of school sites are

5   required as a result of the age and condition of the

6   district's existing school buildings and (ii) the issuance

7   of bonds is authorized by a statute that exempts the debt

8   incurred on the bonds from the district's statutory debt

9   limitation.

10  (3) The bonds are issued, in one or more issuances,

11  not later than 5 years after the date of the referendum

12  approving the issuance of the bonds, but the aggregate

13  principal amount issued in all such bond issuances

14  combined must not exceed $55,000,000.

15  (4) The bonds are issued in accordance with this

16  Article.

17  (5) The proceeds of the bonds are used to accomplish

18  only the projects approved by the voters at an election

19  held on or after March 17, 2020.

20  The debt incurred on any bonds issued under this

21 subsection (p-165) and on any bonds issued to refund or

22 continue to refund such bonds shall not be considered

23 indebtedness for purposes of any statutory debt limitation.

24 Bonds issued under this subsection (p-165) and any bonds

25 issued to refund or continue to refund such bonds must mature

26 within not to exceed 25 years from their date, notwithstanding
    SB2394 Enrolled          - 1513 - LRB104 09208 AMC 19265 b

1 any other law, including Section 19-3 of this Code, to the

2 contrary.

3   (p-170) In addition to all other authority to issue bonds,

4 Maroa-Forsyth Community Unit School District 2 may issue bonds

5 with an aggregate principal amount not to exceed $33,000,000,

6 but only if all of the following conditions are met:

7   (1) The voters of the school district approve a

8   proposition for the bond issuance at an election held on

9   March 17, 2020.

10  (2) Prior to the issuance of the bonds, the school

11  board determines, by resolution, that the projects set

12  forth in the proposition for the bond issuance were and

13  are required because of the age and condition of the

14  school district's existing school buildings.

15  (3) The bonds are issued, in one or more issuances,

16  not later than 5 years after the date of the referendum

17  approving the issuance of the bonds, but the aggregate

18  principal amount issued in all such bond issuances

19  combined must not exceed $33,000,000.

20  (4) The bonds are issued in accordance with this

21  Article.

22  (5) The proceeds of the bonds are used to accomplish

23  only the projects approved by the voters at an election

24  held on March 17, 2020.

25  The debt incurred on any bonds issued under this

26 subsection (p-170) and on any bonds issued to refund or
    SB2394 Enrolled  - 1514 - LRB104 09208 AMC 19265 b

1 continue to refund such bonds shall not be considered

2 indebtedness for purposes of any statutory debt limitation.

3 Bonds issued under this subsection (p-170) and any bonds

4 issued to refund or continue to refund such bonds must mature

5 within not to exceed 25 years from their date, notwithstanding

6 any other law, including Section 19-3 of this Code, to the

7 contrary.

8   (p-175) In addition to all other authority to issue bonds,

9 Schiller Park School District 81 may issue bonds with an

10 aggregate principal amount not to exceed $30,000,000, but only

11 if all of the following conditions are met:

12  (1) The voters of the district approve a proposition

13  for the bond issuance at an election held on or after March

14  17, 2020.

15  (2) Prior to the issuance of the bonds, the school

16  board determines, by resolution, that (i) building and

17  equipping a school building to replace the Washington

18  Elementary School building, installing fire suppression

19  systems, security systems, and federal Americans with

20  Disability Act of 1990 compliance measures, acquiring

21  land, and improving the site are required to accommodate

22  enrollment growth, replace an outdated facility, and

23  create spaces consistent with 21st century learning and

24  (ii) the issuance of bonds is authorized by a statute that

25  exempts the debt incurred on the bonds from the district's

26  statutory debt limitation.
    SB2394 Enrolled  - 1515 - LRB104 09208 AMC 19265 b

1        (3) The bonds are issued, in one or more issuances,

2   not later than 5 years after the date of the referendum

3   approving the issuance of the bonds, but the aggregate

4   principal amount issued in all such bond issuances

5   combined must not exceed $30,000,000.

6        (4) The bonds are issued in accordance with this

7   Article.

8        (5) The proceeds of the bonds are used to accomplish

9   only the projects approved by the voters at an election

10  held on or after March 17, 2020.

11  The debt incurred on any bonds issued under this

12 subsection (p-175) and on any bonds issued to refund or

13 continue to refund such bonds shall not be considered

14 indebtedness for purposes of any statutory debt limitation.

15 Bonds issued under this subsection (p-175) and any bonds

16 issued to refund or continue to refund such bonds must mature

17 within not to exceed 27 years from their date, notwithstanding

18 any other law, including Section 19-3 of this Code, to the

19 contrary.

20  (p-180) In addition to all other authority to issue bonds,

21 Iroquois County Community Unit School District 9 may issue

22 bonds with an aggregate principal amount not to exceed

23 $17,125,000, but only if all of the following conditions are

24 met:

25       (1) The voters of the district approve a proposition

26  for the bond issuance at an election held on or after April
    SB2394 Enrolled  - 1516 - LRB104 09208 AMC 19265 b

1   6, 2021.

2   (2) Prior to the issuance of the bonds, the school

3   board determines, by resolution, that (i) building and

4   equipping a new school building in the City of Watseka;

5   altering, repairing, renovating, and equipping portions of

6   the existing facilities of the district; and making site

7   improvements is necessary because of the age and condition

8   of the district's existing school facilities and (ii) the

9   issuance of bonds is authorized by a statute that exempts

10  the debt incurred on the bonds from the district's

11  statutory debt limitation.

12  (3) The bonds are issued, in one or more issuances,

13  not later than 5 years after the date of the referendum

14  approving the issuance of the bonds, but the aggregate

15  principal amount issued in all such bond issuances

16  combined must not exceed $17,125,000.

17  (4) The bonds are issued in accordance with this

18  Article.

19  (5) The proceeds of the bonds are used to accomplish

20  only the projects approved by the voters at an election

21  held on or after April 6, 2021.

22  The debt incurred on any bonds issued under this

23 subsection (p-180) and on any bonds issued to refund or

24 continue to refund such bonds shall not be considered

25 indebtedness for purposes of any statutory debt limitation.

26 Bonds issued under this subsection (p-180) and any bonds
    SB2394 Enrolled  - 1517 - LRB104 09208 AMC 19265 b

1 issued to refund or continue to refund such bonds must mature

2 within not to exceed 25 years from their date, notwithstanding

3 any other law, including Section 19-3 of this Code, to the

4 contrary.

5   (p-185) In addition to all other authority to issue bonds,

6 Field Community Consolidated School District 3 may issue bonds

7 with an aggregate principal amount not to exceed $2,600,000,

8 but only if all of the following conditions are met:

9   (1) The voters of the district approve a proposition

10  for the bond issuance at an election held on or after April

11  6, 2021.

12  (2) Prior to the issuance of the bonds, the school

13  board determines, by resolution, that (i) it is necessary

14  to alter, repair, renovate, and equip the existing

15  facilities of the district, including, but not limited to,

16  roof replacement, lighting replacement, electrical

17  upgrades, restroom repairs, and gym renovations, and make

18  site improvements because of the age and condition of the

19  district's existing school facilities and (ii) the

20  issuance of bonds is authorized by a statute that exempts

21  the debt incurred on the bonds from the district's

22  statutory debt limitation.

23  (3) The bonds are issued, in one or more issuances,

24  not later than 5 years after the date of the referendum

25  approving the issuance of the bonds, but the aggregate

26  principal amount issued in all such bond issuances
    SB2394 Enrolled  - 1518 - LRB104 09208 AMC 19265 b

1   combined must not exceed $2,600,000.

2   (4) The bonds are issued in accordance with this

3   Article.

4   (5) The proceeds of the bonds are used to accomplish

5   only the projects approved by the voters at an election

6   held on or after April 6, 2021.

7   The debt incurred on any bonds issued under this

8 subsection (p-185) and on any bonds issued to refund or

9 continue to refund such bonds shall not be considered

10 indebtedness for purposes of any statutory debt limitation.

11 Bonds issued under this subsection (p-185) and any bonds

12 issued to refund or continue to refund such bonds must mature

13 within not to exceed 25 years from their date, notwithstanding

14 any other law, including Section 19-3 of this Code, to the

15 contrary.

16  (p-190) In addition to all other authority to issue bonds,

17 Mahomet-Seymour Community Unit School District 3 may issue

18 bonds with an aggregate principal amount not to exceed

19 $97,900,000, but only if all the following conditions are met:

20  (1) The voters of the district approve a proposition

21  for the bond issuance at an election held on or after June

22  28, 2022.

23  (2) Prior to the issuance of the bonds, the school

24  board determines, by resolution, that (i) it is necessary

25  to build and equip a new junior high school building,

26  build and equip a new transportation building, and build
    SB2394 Enrolled           - 1519 - LRB104 09208 AMC 19265 b

1   and equip additions to, renovate, and make site

2   improvements at the Lincoln Trail Elementary building,

3   Middletown       Prairie  Elementary   building,  and

4   Mahomet-Seymour High School building and (ii) the issuance

5   of bonds is authorized by a statute that exempts the debt

6   incurred on the bonds from the district's statutory debt

7   limitation.

8   (3) The bonds are issued, in one or more issuances,

9   not later than 5 years after the date of the referendum

10  approving the issuance of the bonds, but the aggregate

11  principal amount issued in all such bond issuances

12  combined must not exceed $97,900,000.

13  (4) The bonds are issued in accordance with this

14  Article.

15  (5) The proceeds of the bonds are used to accomplish

16  only the projects approved by the voters at an election

17  held on or after June 28, 2022.

18  The debt incurred on any bonds issued under this

19 subsection (p-190) and on any bonds issued to refund or

20 continue to refund such bonds shall not be considered

21 indebtedness for purposes of any statutory debt limitation.

22 Bonds issued under this subsection (p-190) and any bonds

23 issued to refund or continue to refund such bonds must mature

24 within not to exceed 25 years from their date, notwithstanding

25 any other law, including Section 19-3 of this Code, to the

26 contrary.
    SB2394 Enrolled  - 1520 - LRB104 09208 AMC 19265 b

1   (p-195) In addition to all other authority to issue bonds,

2 New Berlin Community Unit School District 16 may issue bonds

3 with an aggregate principal amount not to exceed $23,500,000,

4 but only if all the following conditions are met:

5   (1) The voters of the district approve a proposition

6   for the bond issuance at an election held on or after June

7   28, 2022.

8   (2) Prior to the issuance of the bonds, the school

9   board determines, by resolution, that (i) it is necessary

10  to alter, repair, and equip the junior/senior high school

11  building, including creating new classroom, gym, and other

12  instructional spaces, renovating the J.V. Kirby Pretzel

13  Dome, improving heating, cooling, and ventilation systems,

14  installing school safety and security improvements,

15  removing asbestos, and making site improvements, and (ii)

16  the issuance of bonds is authorized by a statute that

17  exempts the debt incurred on the bonds from the district's

18  statutory debt limitation.

19  (3) The bonds are issued, in one or more issuances,

20  not later than 5 years after the date of the referendum

21  approving the issuance of the bonds, but the aggregate

22  principal amount issued in all such bond issuances

23  combined must not exceed $23,500,000.

24  (4) The bonds are issued in accordance with this

25  Article.

26  (5) The proceeds of the bonds are used to accomplish
    SB2394 Enrolled  - 1521 - LRB104 09208 AMC 19265 b

1   only the projects approved by the voters at an election

2   held on or after June 28, 2022.

3   The debt incurred on any bonds issued under this

4 subsection (p-195) and on any bonds issued to refund or

5 continue to refund such bonds shall not be considered

6 indebtedness for purposes of any statutory debt limitation.

7 Bonds issued under this subsection (p-195) and any bonds

8 issued to refund or continue to refund such bonds must mature

9 within not to exceed 25 years from their date, notwithstanding

10 any other law, including Section 19-3 of this Code, to the

11 contrary.

12  (p-200) In addition to all other authority to issue bonds,

13 Highland Community Unit School District 5 may issue bonds with

14 an aggregate principal amount not to exceed $40,000,000, but

15 only if all the following conditions are met:

16  (1) The voters of the district approve a proposition

17  for the bond issuance at an election held on or after June

18  28, 2022.

19  (2) Prior to the issuance of the bonds, the school

20  board determines, by resolution, that (i) it is necessary

21  to improve the sites of, build, and equip a new primary

22  school building and build and equip additions to and

23  alter, repair, and equip existing school buildings and

24  (ii) the issuance of bonds is authorized by a statute that

25  exempts the debt incurred on the bonds from the district's

26  statutory debt limitation.
    SB2394 Enrolled  - 1522 - LRB104 09208 AMC 19265 b

1   (3) The bonds are issued, in one or more issuances,

2   not later than 5 years after the date of the referendum

3   approving the issuance of the bonds, but the aggregate

4   principal amount issued in all such bond issuances

5   combined must not exceed $40,000,000.

6   (4) The bonds are issued in accordance with this

7   Article.

8   (5) The proceeds of the bonds are used to accomplish

9   only the projects approved by the voters at an election

10  held on or after June 28, 2022.

11  The debt incurred on any bonds issued under this

12 subsection (p-200) and on any bonds issued to refund or

13 continue to refund such bonds shall not be considered

14 indebtedness for purposes of any statutory debt limitation.

15 Bonds issued under this subsection (p-200) and any bonds

16 issued to refund or continue to refund such bonds must mature

17 within not to exceed 25 years from their date, notwithstanding

18 any other law, including Section 19-3 of this Code, to the

19 contrary.

20  (p-205) In addition to all other authority to issue bonds,

21 Sullivan Community Unit School District 300 may issue bonds

22 with an aggregate principal amount not to exceed $25,000,000,

23 but only if all of the following conditions are met:

24  (1) The voters of the district approve a proposition

25  for the bond issuance at an election held on or after June

26  28, 2022.
    SB2394 Enrolled  - 1523 - LRB104 09208 AMC 19265 b

1   (2) Prior to the issuance of the bonds, the school

2   board determines, by resolution, that (i) the projects set

3   forth in the proposition for the issuance of the bonds are

4   required because of the age, condition, or capacity of the

5   school district's existing school buildings and (ii) the

6   issuance of bonds is authorized by a statute that exempts

7   the debt incurred on the bonds from the district's

8   statutory debt limitation.

9   (3) The bonds are issued, in one or more issuances,

10  not later than 5 years after the date of the referendum

11  approving the issuance of the bonds, but the aggregate

12  principal amount issued in all such bond issuances

13  combined must not exceed $25,000,000.

14  (4) The bonds are issued in accordance with this

15  Article.

16  (5) The proceeds of the bonds are used to accomplish

17  only the projects approved by the voters at an election

18  held on or after June 28, 2022.

19  The debt incurred on any bonds issued under this

20 subsection (p-205) and on any bonds issued to refund or

21 continue to refund such bonds shall not be considered

22 indebtedness for purposes of any statutory debt limitation.

23 Bonds issued under this subsection (p-205) and any bonds

24 issued to refund or continue to refund such bonds must mature

25 within not to exceed 25 years from their date, notwithstanding

26 any other law, including Section 19-3 of this Code, to the
    SB2394 Enrolled  - 1524 - LRB104 09208 AMC 19265 b

1 contrary.

2   (p-210) In addition to all other authority to issue bonds,

3 Manhattan School District 114 may issue bonds with an

4 aggregate principal amount not to exceed $85,000,000, but only

5 if all the following conditions are met:

6   (1) The voters of the district approve a proposition

7   for the bond issuance at an election held on or after June

8   28, 2022.

9   (2) Prior to the issuance of the bonds, the school

10  board determines, by resolution, that the projects set

11  forth in the proposition for the bond issuance were and

12  are required because of the age, condition, or capacity of

13  the school district's existing school buildings.

14  (3) The bonds are issued, in one or more issuances,

15  not later than 5 years after the date of the referendum

16  approving the issuances of the bonds, but the aggregate

17  principal amount issued in all such bond issuances

18  combined must not exceed $85,000,000.

19  (4) The bonds are issued in accordance with this

20  Article.

21  (5) The proceeds of the bonds are used to accomplish

22  only the projects approved by the voters at an election

23  held on or after June 28, 2022.

24  The debt incurred on any bonds issued under this

25 subsection (p-210) and on any bonds issued to refund or

26 continue to refund such bonds shall not be considered
    SB2394 Enrolled  - 1525 - LRB104 09208 AMC 19265 b

1 indebtedness for purposes of any statutory debt limitation.

2 Bonds issued under this subsection (p-210) and any bonds

3 issued to refund or continue to refund such bonds must mature

4 within not to exceed 30 years from their date, notwithstanding

5 any other law, including Section 19-3 of this Code, to the

6 contrary.

7   (p-215) In addition to all other authority to issue bonds,

8 Golf Elementary School District 67 may issue bonds with an

9 aggregate principal amount not to exceed $56,000,000, but only

10 if all of the following conditions are met:

11  (1) The voters of the district approve a proposition

12  for the bond issuance at an election held on or after June

13  28, 2022.

14  (2) Prior to the issuance of the bonds, the school

15  board determines, by resolution, that (i) it is necessary

16  to build and equip a new school building and improve the

17  site thereof and (ii) the issuance of bonds is authorized

18  by a statute that exempts the debt incurred on the bonds

19  from the district's statutory debt limitation.

20  (3) The bonds are issued, in one or more issuances,

21  not later than 5 years after the date of the referendum

22  approving the issuance of the bonds, but the aggregate

23  principal amount issued in all such bond issuances

24  combined must not exceed $56,000,000.

25  (4) The bonds are issued in accordance with this

26  Article.
    SB2394 Enrolled  - 1526 - LRB104 09208 AMC 19265 b

1   (5) The proceeds of the bonds are used to accomplish

2   only the projects approved by the voters at an election

3   held on or after June 28, 2022.

4   The debt incurred on any bonds issued under this

5 subsection (p-215) and on any bonds issued to refund or

6 continue to refund such bonds shall not be considered

7 indebtedness for purposes of any statutory debt limitation.

8 Bonds issued under this subsection (p-215) and any bonds

9 issued to refund or continue to refund such bonds must mature

10 within not to exceed 25 years from their date, notwithstanding

11 any other law, including Section 19-3 of this Code, to the

12 contrary.

13  (p-220) In addition to all other authority to issue bonds,

14 Joliet Public Schools District 86 may issue bonds with an

15 aggregate principal amount not to exceed $99,500,000, but only

16 if all the following conditions are met:

17  (1) The voters of the district approve a proposition

18  for the bond issuance at an election held on or after April

19  4, 2023.

20  (2) Prior to the issuance of the bonds, the school

21  board determines, by resolution, that the projects set

22  forth in the proposition for the bond issuance were and

23  are required because of the age and condition of the

24  school district's existing school buildings.

25  (3) The bonds are issued, in one or more issuances,

26  not later than 5 years after the date of the referendum
    SB2394 Enrolled  - 1527 - LRB104 09208 AMC 19265 b

1   approving the issuance of the bonds, but the aggregate

2   principal amount issued in all such bond issuances

3   combined must not exceed $99,500,000.

4   (4) The bonds are issued in accordance with this

5   Article.

6   (5) The proceeds of the bonds are used to accomplish

7   only the projects approved by the voters at an election

8   held on or after April 4, 2023.

9   The debt incurred on any bonds issued under this

10 subsection (p-220), and on any bonds issued to refund or

11 continue to refund such bonds, shall not be considered

12 indebtedness for purposes of any statutory debt limitation.

13 Bonds issued under this subsection (p-220) and any bonds

14 issued to refund or continue to refund such bonds must mature

15 within not to exceed 25 years from their date, notwithstanding

16 any other law, including Section 19-3 of this Code, to the

17 contrary.

18  (p-225) In addition to all other authority to issue bonds,

19 Union Ridge School District 86 may issue bonds with an

20 aggregate principal amount not to exceed $35,000,000, but only

21 if all the following conditions are met:

22  (1) The voters of the school district approve a

23  proposition for the bond issuance at an election held on

24  or after March 19, 2024.

25  (2) Prior to the issuance of the bonds, the school

26  board determines, by resolution, that the projects set
    SB2394 Enrolled        - 1528 - LRB104 09208 AMC 19265 b

1   forth in the proposition for the bond issuance were and

2   are required because of the age and condition of the

3   school district's existing school buildings.

4   (3) The bonds are issued, in one or more issuances,

5   not later than 5 years after the date of the referendum

6   approving the issuance of the bonds, but the aggregate

7   principal amount issued in all such bond issuances

8   combined must not exceed $35,000,000.

9   (4) The bonds are issued in accordance with this

10  Article.

11  (5) The proceeds of the bonds are used to accomplish

12  only the projects approved by the voters at an election

13  held on or after March 19, 2024.

14  The debt incurred on any bonds issued under this

15 subsection (p-225) and on any bonds issued to refund or

16 continue to refund such bonds shall not be considered

17 indebtedness for purposes of any statutory debt limit

18 limitation. Bonds issued under this subsection (p-225) and any

19 bonds issued issue to refund or continue to refund such bonds

20 must mature within not to exceed 25 years from their date,

21 notwithstanding any other law, including Section 19-3 of this

22 Code, to the contrary.

23  (p-230) In addition to all other authority to issue bonds,

24 Bethel School District 82 may issue bonds with an aggregate

25 principal amount not to exceed $3,975,000, but only if all the

26 following conditions are met:
    SB2394 Enrolled  - 1529 - LRB104 09208 AMC 19265 b

1   (1) The voters of the school district approve a

2   proposition for the bond issuance at an election held on

3   or after March 19, 2024.

4   (2) Prior to the issuance of the bonds, the school

5   board determines, by resolution, that the projects set

6   forth in the proposition for the bond issuance were and

7   are required because of the age and condition of the

8   school district's existing school buildings.

9   (3) The bonds are issued, in one or more issuances,

10  not later than 5 years after the date of the referendum

11  approving the issuance of the bonds, but the aggregate

12  principal amount issued in all such bond issuances

13  combined must not exceed $3,975,000.

14  (4) The bonds are issued in accordance with this

15  Article.

16  (5) The proceeds of the bonds are used to accomplish

17  only the projects approved by the voters at an election

18  held on or after March 19, 2024.

19  The debt incurred on any bonds issued under this

20 subsection (p-230) and on any bonds issued to refund or

21 continue to refund such bonds shall not be considered

22 indebtedness for purposes of any statutory debt limit

23 limitation. Bonds issued under this subsection (p-230) and any

24 bonds issued issue to refund or continue to refund such bonds

25 must mature within not to exceed 25 years from their date,

26 notwithstanding any other law, including Section 19-3 of this
    SB2394 Enrolled           - 1530 - LRB104 09208 AMC 19265 b

1 Code, to the contrary.

2   (p-235) (p-225) Notwithstanding the provisions of any

3 other law to the contrary, debt incurred on any bonds issued

4 under Section 19-3 of this Code and authorized by an election

5 held on or after November 5, 2024, and on any bonds issued to

6 refund or continue to refund such bonds, shall not be

7 considered indebtedness for purposes of any statutory debt

8 limitation. Bonds issued under Section 19-3 of this Code and

9 authorized by an election held on or after November 5, 2024,

10 and any bonds issued to refund or continue to refund such bonds

11 must mature within 30 years from their date, notwithstanding

12 any other law, including Section 19-3 of this Code, to the

13 contrary.

14  (q) A school district must notify the State Board of

15 Education prior to issuing any form of long-term or short-term

16 debt that will result in outstanding debt that exceeds 75% of

17 the debt limit specified in this Section or any other

18 provision of law.

19 (Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22;

20 103-449, eff. 1-1-24; 103-591, eff. 7-1-24; 103-978, eff.

21 8-9-24; revised 9-25-24.)

22  (105 ILCS 5/21B-50)

23  Sec. 21B-50. Alternative Educator Licensure Program for

24 Teachers.

25  (a) There is established an alternative educator licensure
    SB2394 Enrolled      - 1531 - LRB104 09208 AMC 19265 b

1 program, to be known as the Alternative Educator Licensure

2 Program for Teachers.

3   (b) The Alternative Educator Licensure Program for

4 Teachers may be offered by a recognized institution approved

5 to offer educator preparation programs by the State Board of

6 Education, in consultation with the State Educator Preparation

7 and Licensure Board.

8   The program shall be comprised of up to 3 phases:

9   (1) A course of study that at a minimum includes

10  instructional planning; instructional strategies,

11  including special education, reading, and English language

12  learning; classroom management; and the assessment of

13  students and use of data to drive instruction.

14  (2) A year of residency, which is a candidate's

15  assignment to a full-time teaching position or as a

16  co-teacher for one full school year. An individual must

17  hold an Educator License with Stipulations with an

18  alternative provisional educator endorsement in order to

19  enter the residency. In residency, the candidate must be

20  assigned an effective, fully licensed teacher by the

21  principal or principal equivalent to act as a mentor and

22  coach the candidate through residency, complete additional

23  program requirements that address required State and

24  national standards, pass the State Board's teacher

25  performance assessment, if required under Section 21B-30,

26  and be recommended by the principal or qualified
    SB2394 Enrolled  - 1532 - LRB104 09208 AMC 19265 b

1   equivalent of a principal, as required under subsection

2   (d) of this Section, and the program coordinator to be

3   recommended for full licensure or to continue with a

4   second year of the residency.

5   (3) (Blank).

6   (4) A comprehensive assessment of the candidate's

7   teaching effectiveness, as evaluated by the principal or

8   qualified equivalent of a principal, as required under

9   subsection (d) of this Section, and the program

10  coordinator, at the end of either the first or the second

11  year of residency. If there is disagreement between the 2

12  evaluators about the candidate's teaching effectiveness at

13  the end of the first year of residency, a second year of

14  residency shall be required. If there is disagreement

15  between the 2 evaluators at the end of the second year of

16  residency, the candidate may complete one additional year

17  of residency teaching under a professional development

18  plan developed by the principal or qualified equivalent

19  and the preparation program. At the completion of the

20  third year, a candidate must have positive evaluations and

21  a recommendation for full licensure from both the

22  principal or qualified equivalent and the program

23  coordinator or no Professional Educator License shall be

24  issued.

25  Successful completion of the program shall be deemed to

26 satisfy any other practice or student teaching and content
    SB2394 Enrolled         - 1533 - LRB104 09208 AMC 19265 b

1 matter requirements established by law.

2   (c) An alternative provisional educator endorsement on an

3 Educator License with Stipulations is valid for up to 2 years

4 of teaching in the public schools, including without

5 limitation a preschool educational program under Section

6 2-3.71 of this Code or Section 15-30 of the Department of Early

7 Childhood Act or charter school, or in a State-recognized

8 nonpublic school in which the chief administrator is required

9 to have the licensure necessary to be a principal in a public

10 school in this State and in which a majority of the teachers

11 are required to have the licensure necessary to be instructors

12 in a public school in this State, but may be renewed for a

13 third year if needed to complete the Alternative Educator

14 Licensure Program for Teachers. The endorsement shall be

15 issued only once to an individual who meets all of the

16 following requirements:

17  (1) Has graduated from a regionally accredited college

18  or university with a bachelor's degree or higher.

19  (2) (Blank).

20  (3) Has completed a major in the content area if

21  seeking a middle or secondary level endorsement or, if

22  seeking an early childhood, elementary, or special

23  education endorsement, has completed a major in the

24  content area of early childhood reading, English/language

25  arts, mathematics, or one of the sciences. If the

26  individual does not have a major in a content area for any
    SB2394 Enrolled         - 1534 - LRB104 09208 AMC 19265 b

1   level of teaching, he or she must submit transcripts to

2   the State Board of Education to be reviewed for

3   equivalency.

4   (4) Has successfully completed phase (1) of subsection

5   (b) of this Section.

6   (5) Has passed a content area test required for the

7   specific endorsement, as required under Section 21B-30 of

8   this Code.

9   A candidate possessing the alternative provisional

10 educator endorsement may receive a salary, benefits, and any

11 other terms of employment offered to teachers in the school

12 who are members of an exclusive bargaining representative, if

13 any, but a school is not required to provide these benefits

14 during the years of residency if the candidate is serving only

15 as a co-teacher. If the candidate is serving as the teacher of

16 record, the candidate must receive a salary, benefits, and any

17 other terms of employment. Residency experiences must not be

18 counted towards tenure.

19  (d) The recognized institution offering the Alternative

20 Educator Licensure Program for Teachers must partner with a

21 school district, including without limitation a preschool

22 educational program under Section 2-3.71 of this Code or

23 Section 15-30 of the Department of Early Childhood Act or

24 charter school, or a State-recognized, nonpublic school in

25 this State in which the chief administrator is required to

26 have the licensure necessary to be a principal in a public
    SB2394 Enrolled  - 1535 - LRB104 09208 AMC 19265 b

1 school in this State and in which a majority of the teachers

2 are required to have the licensure necessary to be instructors

3 in a public school in this State. A recognized institution

4 that partners with a public school district administering a

5 preschool educational program under Section 2-3.71 of this

6 Code or Section 15-30 of the Department of Early Childhood Act

7 must require a principal to recommend or evaluate candidates

8 in the program. A recognized institution that partners with an

9 eligible entity administering a preschool educational program

10 under Section 2-3.71 of this Code or Section 15-30 of the

11 Department of Early Childhood Act and that is not a public

12 school district must require a principal or qualified

13 equivalent of a principal to recommend or evaluate candidates

14 in the program. The program presented for approval by the

15 State Board of Education must demonstrate the supports that

16 are to be provided to assist the provisional teacher during

17 the one-year or 2-year residency period and if the residency

18 period is to be less than 2 years in length, assurances from

19 the partner school districts to provide intensive mentoring

20 and supports through at least the end of the second full year

21 of teaching for educators who completed the Alternative

22 Educator Licensure Program for Teachers in less than 2 years.

23 These supports must, at a minimum, provide additional contact

24 hours with mentors during the first year of residency.

25  (e) Upon completion of phases under paragraphs (1), (2),

26 (4), and, if needed, (3) in subsection (b) of this Section and
    SB2394 Enrolled          - 1536 - LRB104 09208 AMC 19265 b

1 all assessments required under Section 21B-30 of this Code, an

2 individual shall receive a Professional Educator License.

3   (f) The State Board of Education, in consultation with the

4 State Educator Preparation and Licensure Board, may adopt such

5 rules as may be necessary to establish and implement the

6 Alternative Educator Licensure Program for Teachers.

7 (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;

8 103-594, eff. 6-25-24; 103-605, eff. 7-1-24; 103-780, eff.

9 8-2-24; revised 8-12-24.)

10  (105 ILCS 5/22-94)

11  Sec. 22-94. Employment history review.

12  (a) This Section applies to all permanent and temporary

13 positions for employment with a school or a contractor of a

14 school involving direct contact with children or students.

15  (b) In this Section:

16  "Contractor" means firms holding contracts with any school

17 including, but not limited to, food service workers, school

18 bus drivers and other transportation employees, who have

19 direct contact with children or students.

20  "Direct contact with children or students" means the

21 possibility of care, supervision, guidance, or control of

22 children or students or routine interaction with children or

23 students.

24  "School" means a public or nonpublic elementary or

25 secondary school.
    SB2394 Enrolled  - 1537 - LRB104 09208 AMC 19265 b

1   "Sexual misconduct" has the meaning ascribed to it in

2 subsection (c) of Section 22-85.5 of this Code.

3   (c) Prior to hiring an applicant to work directly with

4 children or students, a school or contractor must ensure that

5 the following criteria are met:

6   (1) the school or contractor has no knowledge or

7   information pertaining to the applicant that would

8   disqualify the applicant from employment;

9   (2) the applicant swears or affirms that the applicant

10  is not disqualified from employment;

11  (3) using the template developed by the State Board of

12  Education, the applicant provides all of the following:

13  (A) a list, including the name, address, telephone

14  number, and other relevant contact information of the

15  following:

16                   (i) the applicant's current employer;

17                   (ii) all former employers of the applicant

18  that were schools or school contractors, as well

19  as all former employers at which the applicant had

20  direct contact with children or students;

21  (B) A written authorization that consents to and

22  authorizes disclosure by the applicant's current and

23  former employers under subparagraph (A) of this

24  paragraph (3) of the information requested under

25  paragraph (4) of this subsection (c) and the release

26  of related records and that releases those employers
    SB2394 Enrolled  - 1538 - LRB104 09208 AMC 19265 b

1   from any liability that may arise from such disclosure

2   or release of records pursuant to subsection (e).

3   (C) A written statement of whether the applicant:

4                    (i) has been the subject of a sexual

5   misconduct allegation, unless a subsequent

6   investigation resulted in a finding that the

7   allegation       was  false,  unfounded,           or

8   unsubstantiated;

9                    (ii) has ever been discharged from, been asked

10  to resign from, resigned from, or otherwise been

11  separated from any employment, has ever been

12  disciplined by an employer, or has ever had an

13  employment contract not renewed due to an

14  adjudication or finding of sexual misconduct or

15  while an allegation of sexual misconduct was

16  pending or under investigation, unless the

17  investigation resulted in a finding that the

18  allegation       was  false,  unfounded,           or

19  unsubstantiated; or

20                   (iii) has ever had a license or certificate

21  suspended, surrendered, or revoked or had an

22  application for licensure, approval, or

23  endorsement denied due to an adjudication or

24  finding of sexual misconduct or while an

25  allegation of sexual misconduct was pending or

26  under investigation, unless the investigation
    SB2394 Enrolled  - 1539 - LRB104 09208 AMC 19265 b

1   resulted in a finding that the allegation was

2   false, unfounded, or unsubstantiated.

3   (4) The school or contractor shall initiate a review

4   of the employment history of the applicant by contacting

5   those employers listed by the applicant under subparagraph

6   (A) of paragraph (3) of this subsection (c) and, using the

7   template developed by the State Board of Education,

8   request all of the following information:

9   (A) the dates of employment of the applicant;

10  (B) a statement as to whether the applicant:

11                   (i) has been the subject of a sexual

12  misconduct allegation, unless a subsequent

13  investigation resulted in a finding that the

14  allegation       was  false,               unfounded,  or

15  unsubstantiated;

16                   (ii) was discharged from, was asked to resign

17  from, resigned from, or was otherwise separated

18  from any employment, was disciplined by the

19  employer, or had an employment contract not

20  renewed due to an adjudication or finding of

21  sexual misconduct or while an allegation of sexual

22  misconduct was pending or under investigation,

23  unless the investigation resulted in a finding

24  that the allegation was false, unfounded, or

25  unsubstantiated; or

26                   (iii) has ever had a license or certificate
    SB2394 Enrolled  - 1540 - LRB104 09208 AMC 19265 b

1   suspended, surrendered, or revoked due to an

2   adjudication or finding of sexual misconduct or

3   while an allegation of sexual misconduct was

4   pending or under investigation, unless the

5   investigation resulted in a finding that the

6   allegation       was  false,         unfounded,  or

7   unsubstantiated.

8   (C) The template shall include the following

9   option: if the employer does not have records or

10  evidence regarding the questions in items (i) through

11  (iii) of subparagraph (B) of paragraph (4) of

12  subsection (c), the employer may state that there is

13  no knowledge of information pertaining to the

14  applicant that would disqualify the applicant from

15  employment.

16  (5) For applicants licensed by the State Board of

17  Education, the school district, charter school, or

18  nonpublic school shall verify the applicant's reported

19  previous employers with previous employers in the State

20  Board of Education's educator licensure database to ensure

21  accuracy.

22  (d) An applicant who provides false information or

23 willfully fails to disclose information required in subsection

24 (c) shall be subject to discipline, up to and including

25 termination or denial of employment.

26  (e) No later than 20 days after receiving a request for
    SB2394 Enrolled          - 1541 - LRB104 09208 AMC 19265 b

1 information required under paragraph (4) of subsection (c), an

2 employer who has or had an employment relationship with the

3 applicant shall disclose the information requested. If the

4 employer has an office of human resources or a central office,

5 information shall be provided by that office. The employer who

6 has or had an employment relationship with the applicant shall

7 disclose the information on the template developed by the

8 State Board of Education. For any affirmative response to

9 items (i) through (iii) of subparagraph (B) of paragraph (4)

10 or subsection (c), the employer who has or had an employment

11 relationship with the applicant shall provide additional

12 information about the matters disclosed and all related

13 records.

14  A school shall complete the template at time of separation

15 from employment, or at the request of the employee, and

16 maintain it as part of the employee's personnel file. If the

17 school completes an investigation after an employee's

18 separation from employment, the school shall update the

19 information accordingly.

20  Information received under this Section shall not be

21 deemed a public record.

22  A school or contractor who receives information under this

23 subsection (e) may use the information for the purpose of

24 evaluating an applicant's fitness to be hired or for continued

25 employment and may report the information, as appropriate, to

26 the State Board of Education, a State licensing agency, a law
    SB2394 Enrolled  - 1542 - LRB104 09208 AMC 19265 b

1 enforcement agency, a child protective services agency,

2 another school or contractor, or a prospective employer.

3   An employer, school, school administrator, or contractor

4 who provides information or records about a current or former

5 employee or applicant under this Section is immune from

6 criminal and civil liability for the disclosure of the

7 information or records, unless the information or records

8 provided were knowingly false. This immunity shall be in

9 addition to and not a limitation on any other immunity

10 provided by law or any absolute or conditional privileges

11 applicable to the disclosure by virtue of the circumstances or

12 the applicant's consent to the disclosure and shall extent to

13 any circumstances when the employer, school, school

14 administrator, or contractor in good faith shares findings of

15 sexual misconduct with another employer.

16  Unless the laws of another state prevent the release of

17 the information or records requested or disclosure is

18 restricted by the terms of a contract entered into prior to

19 July 1, 2023 (the effective date of Public Act 102-702) this

20 amendatory Act of the 102nd General Assembly, and

21 notwithstanding any other provisions of law to the contrary,

22 an employer, school, school administrator, contractor, or

23 applicant shall report and disclose, in accordance with this

24 Section, all relevant information, records, and documentation

25 that may otherwise be confidential.

26  (f) A school or contractor may not hire an applicant who
    SB2394 Enrolled   - 1543 - LRB104 09208 AMC 19265 b

1 does not provide the information required under subsection (c)

2 for a position involving direct contact with children or

3 students.

4   (g) Beginning on July 1, 2023 (the effective date of

5 Public Act 102-702) this amendatory Act of the 102nd General

6 Assembly, a school or contractor may not enter into a

7 collective bargaining agreement, an employment contract, an

8 agreement for resignation or termination, a severance

9 agreement, or any other contract or agreement or take any

10 action that:

11  (1) has the effect of suppressing information

12  concerning a pending investigation or a completed

13  investigation in which an allegation was substantiated

14  related to a report of suspected sexual misconduct by a

15  current or former employee;

16  (2) affects the ability of the school or contractor to

17  report suspected sexual misconduct to the appropriate

18  authorities; or

19  (3) requires the school or contractor to expunge

20  information about allegations or findings of suspected

21  sexual misconduct from any documents maintained by the

22  school or contractor, unless, after an investigation, an

23  allegation is found to be false, unfounded, or

24  unsubstantiated.

25  (h) Any provision of an employment contract or agreement

26 for resignation or termination or a severance agreement that
    SB2394 Enrolled  - 1544 - LRB104 09208 AMC 19265 b

1 is executed, amended, or entered into on or after July 1, 2023

2 (the effective date of Public Act 102-702) this amendatory Act

3 of the 102nd General Assembly and that is contrary to this

4 Section is void and unenforceable.

5   (i) For substitute employees, all of the following apply:

6   (1) The employment history review required by this

7   Section is required only prior to the initial hiring of a

8   substitute employee or placement on a school's approved

9   substitute list and shall remain valid as long as the

10  substitute employee continues to be employed by the same

11  school or remains on the school's approved substitute

12  list.

13  (2) A substitute employee seeking to be added to

14  another school's substitute list shall undergo an

15  additional employment history review under this Section.

16  Except as otherwise provided in paragraph (3) of this

17  subsection (i) or in subsection (k), the appearance of a

18  substitute employee on one school's substitute list does

19  not relieve another school from compliance with this

20  Section.

21  (3) An employment history review conducted upon

22  initial hiring of a substitute employee by a contractor or

23  any other entity that furnishes substitute staffing

24  services to schools shall satisfy the requirements of this

25  Section for all schools using the services of that

26  contractor or other entity.
    SB2394 Enrolled  - 1545 - LRB104 09208 AMC 19265 b

1         (4) A contractor or any other entity furnishing

2   substitute staffing services to schools shall comply with

3   paragraphs (3) and (4) of subsection (j).

4   (j) For employees of contractors, all of the following

5 apply:

6         (1) The employment history review required by this

7   Section shall be performed, either at the time of the

8   initial hiring of an employee or prior to the assignment

9   of an existing employee to perform work for a school in a

10  position involving direct contact with children or

11  students. The review shall remain valid as long as the

12  employee remains employed by the same contractor, even if

13  assigned to perform work for other schools.

14        (2) A contractor shall maintain records documenting

15  employment history reviews for all employees as required

16  by this Section and, upon request, shall provide a school

17  for whom an employee is assigned to perform work access to

18  the records pertaining to that employee.

19        (3) Prior to assigning an employee to perform work for

20  a school in a position involving direct contact with

21  children or students, the contractor shall inform the

22  school of any instance known to the contractor in which

23  the employee:

24        (A) has been the subject of a sexual misconduct

25        allegation unless a subsequent investigation resulted

26        in a finding that the allegation was false, unfounded,
    SB2394 Enrolled      - 1546 - LRB104 09208 AMC 19265 b

1   or unsubstantiated;

2       (B) has ever been discharged, been asked to resign

3   from, resigned from, or otherwise been separated from

4   any employment, been removed from a substitute list,

5   been disciplined by an employer, or had an employment

6   contract not renewed due to an adjudication or finding

7   of sexual misconduct or while an allegation of sexual

8   misconduct was pending or under investigation, unless

9   the investigation resulted in a finding that the

10  allegation was false, unfounded, or unsubstantiated;

11  or

12      (C) has ever had a license or certificate

13  suspended, surrendered, or revoked due to an

14  adjudication or finding of sexual misconduct or while

15  an allegation of sexual misconduct was pending or

16  under investigation, unless the investigation resulted

17  in a finding that the allegation was false, unfounded,

18  or unsubstantiated.

19  (4) The contractor may not assign an employee to

20  perform work for a school in a position involving direct

21  contact with children or students if the school objects to

22  the assignment after being informed of an instance listed

23  in paragraph (3).

24  (k) An applicant who has undergone an employment history

25 review under this Section and seeks to transfer to or provide

26 services to another school in the same school district,
    SB2394 Enrolled     - 1547 - LRB104 09208 AMC 19265 b

1 diocese, or religious jurisdiction, or to another school

2 established and supervised by the same organization is not

3 required to obtain additional reports under this Section

4 before transferring.

5   (l) Nothing in this Section shall be construed:

6   (1) to prevent a prospective employer from conducting

7   further investigations of prospective employees or from

8   requiring applicants to provide additional background

9   information or authorizations beyond what is required

10  under this Section, nor to prevent a current or former

11  employer from disclosing more information than what is

12  required under this Section;

13  (2) to relieve a school, school employee, contractor

14  of the school, or agent of the school from any legal

15  responsibility to report sexual misconduct in accordance

16  with State and federal reporting requirements;

17  (3) to relieve a school, school employee, contractor

18  of the school, or agent of the school from any legal

19  responsibility to implement the provisions of Section 7926

20  of Chapter 20 of the United States Code; or

21  (4) to prohibit the right of the exclusive bargaining

22  representative under a collective bargaining agreement to

23  grieve and arbitrate the validity of an employee's

24  termination or discipline for just cause.

25  (m) The State Board of Education shall develop the

26 templates required under paragraphs (3) and (4) of subsection
    SB2394 Enrolled       - 1548 - LRB104 09208 AMC 19265 b

1 (c).
2 (Source: P.A. 102-702, eff. 7-1-23; revised 7-17-24.)

3   (105 ILCS 5/24-4.1) (from Ch. 122, par. 24-4.1)

4   Sec. 24-4.1. Residence requirements.) Residency within any

5 school district shall not be considered in determining the

6 employment or the compensation of a teacher or whether to

7 retain, promote, assign, or transfer that teacher.

8 (Source: P.A. 82-381; revised 10-16-24.)

9   (105 ILCS 5/24A-2.5)

10  Sec. 24A-2.5. Definitions. In this Article:

11  "Evaluator" means:

12  (1) an administrator qualified under Section 24A-3; or

13  (2) other individuals qualified under Section 24A-3,

14  provided that, if such other individuals are in the

15  bargaining unit of a district's teachers, the district and

16  the exclusive bargaining representative of that unit must

17  agree to those individuals evaluating other bargaining

18  unit members.

19  Notwithstanding anything to the contrary in item (2) of

20 this definition, a school district operating under Article 34

21 of this Code may require department chairs qualified under

22 Section 24A-3 to evaluate teachers in their department or

23 departments, provided that the school district shall bargain

24 with the bargaining representative of its teachers over the
    SB2394 Enrolled      - 1549 - LRB104 09208 AMC 19265 b

1 impact and effects on department chairs of such a requirement.

2   "Implementation date" means, unless otherwise specified

3 and provided that the requirements set forth in subsection (d)

4 of Section 24A-20 have been met:

5   (1) For school districts having 500,000 or more

6   inhabitants, in at least 300 schools by September 1, 2012

7   and in the remaining schools by September 1, 2013.

8   (2) For school districts having less than 500,000

9   inhabitants and receiving a Race to the Top Grant or

10  School Improvement Grant after January 15, 2010 (the

11  effective date of Public Act 96-861) this amendatory Act

12  of the 96th General Assembly, the date specified in those

13  grants for implementing an evaluation system for teachers

14  and principals incorporating student growth as a

15  significant factor.

16  (3) For the lowest performing 20% percent of remaining

17  school districts having less than 500,000 inhabitants

18  (with the measure of and school year or years used for

19  school district performance to be determined by the State

20  Superintendent of Education at a time determined by the

21  State Superintendent), September 1, 2015.

22  (4) For all other school districts having less than

23  500,000 inhabitants, September 1, 2016.

24  Notwithstanding items (3) and (4) of this definition, a

25 school district and the exclusive bargaining representative of

26 its teachers may jointly agree in writing to an earlier
    SB2394 Enrolled   - 1550 - LRB104 09208 AMC 19265 b

1 implementation date, provided that such date must not be

2 earlier than September 1, 2013. The written agreement of the

3 district and the exclusive bargaining representative must be

4 transmitted to the State Board of Education.

5   "Race to the Top Grant" means a grant made by the Secretary

6 of the U.S. Department of Education for the program first

7 funded pursuant to paragraph (2) of Section 14006(a) of the

8 American Recovery and Reinvestment Act of 2009.

9   "School Improvement Grant" means a grant made by the

10 Secretary of the U.S. Department of Education pursuant to

11 Section 1003(g) of the Elementary and Secondary Education Act.

12 (Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11;

13 revised 7-17-24.)

14  (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)

15  Sec. 24A-5. Content of evaluation plans. This Section does

16 not apply to teachers assigned to schools identified in an

17 agreement entered into between the board of a school district

18 operating under Article 34 of this Code and the exclusive

19 representative of the district's teachers in accordance with

20 Section 34-85c of this Code.

21  Each school district to which this Article applies shall

22 establish a teacher evaluation plan which ensures that each

23 teacher in contractual continued service is evaluated at least

24 once in the course of every 2 or 3 school years as provided in

25 this Section.
    SB2394 Enrolled        - 1551 - LRB104 09208 AMC 19265 b

1   Each school district shall establish a teacher evaluation

2 plan that ensures that:

3           (1) each teacher not in contractual continued service

4   is evaluated at least once every school year; and

5           (2) except as otherwise provided in this Section, each

6   teacher in contractual continued service is evaluated at

7   least once in the course of every 2 school years. However,

8   any teacher in contractual continued service whose

9   performance is rated as either "needs improvement" or

10  "unsatisfactory" must be evaluated at least once in the

11  school year following the receipt of such rating.

12  No later than September 1, 2022, each school district must

13 establish a teacher evaluation plan that ensures that each

14 teacher in contractual continued service whose performance is

15 rated as either "excellent" or "proficient" is evaluated at

16 least once in the course of the 3 school years after receipt of

17 the rating and implement an informal teacher observation plan

18 established by agency rule and by agreement of the joint

19 committee established under subsection (b) of Section 24A-4 of

20 this Code that ensures that each teacher in contractual

21 continued service whose performance is rated as either

22 "excellent" or "proficient" is informally observed at least

23 once in the course of the 2 school years after receipt of the

24 rating.

25  For the 2022-2023 school year only, if the Governor has

26 declared a disaster due to a public health emergency pursuant
    SB2394 Enrolled       - 1552 - LRB104 09208 AMC 19265 b

1 to Section 7 of the Illinois Emergency Management Agency Act,

2 a school district may waive the evaluation requirement of all

3 teachers in contractual continued service whose performances

4 were rated as either "excellent" or "proficient" during the

5 last school year in which the teachers were evaluated under

6 this Section.

7   Notwithstanding anything to the contrary in this Section

8 or any other Section of this Code, a principal shall not be

9 prohibited from evaluating any teachers within a school during

10 his or her first year as principal of such school. If a

11 first-year principal exercises this option in a school

12 district where the evaluation plan provides for a teacher in

13 contractual continued service to be evaluated once in the

14 course of every 2 or 3 school years, as applicable, then a new

15 2-year or 3-year evaluation plan must be established.

16  The evaluation plan shall comply with the requirements of

17 this Section and of any rules adopted by the State Board of

18 Education pursuant to this Section.

19  The plan shall include a description of each teacher's

20 duties and responsibilities and of the standards to which that

21 teacher is expected to conform, and shall include at least the

22 following components:

23  (a) personal observation of the teacher in the

24  classroom by the evaluator, unless the teacher has no

25  classroom duties.

26  (b) consideration of the teacher's attendance,
    SB2394 Enrolled  - 1553 - LRB104 09208 AMC 19265 b

1   planning, instructional methods, classroom management,

2   where relevant, and competency in the subject matter

3   taught.

4   (c) by no later than the applicable implementation

5   date, consideration of student growth as a significant

6   factor in the rating of the teacher's performance.

7   (d) prior to September 1, 2012, rating of the

8   performance of teachers in contractual continued service

9   as either:

10           (i)     "excellent",  "satisfactory"       or

11  "unsatisfactory"; or

12           (ii)    "excellent",  "proficient",        "needs

13  improvement" or "unsatisfactory".

14  (e) on and after September 1, 2012, rating of the

15  performance of all teachers as "excellent", "proficient",

16  "needs improvement" or "unsatisfactory".

17  (f) specification as to the teacher's strengths and

18  weaknesses, with supporting reasons for the comments made.

19  (g) inclusion of a copy of the evaluation in the

20  teacher's personnel file and provision of a copy to the

21  teacher.

22  (h) within 30 school days after the completion of an

23  evaluation rating a teacher in contractual continued

24  service as "needs improvement", development by the

25  evaluator, in consultation with the teacher, and taking

26  into account the teacher's ongoing on-going professional
    SB2394 Enrolled          - 1554 - LRB104 09208 AMC 19265 b

1   responsibilities including his or her regular teaching

2   assignments, of a professional development plan directed

3   to the areas that need improvement and any supports that

4   the district will provide to address the areas identified

5   as needing improvement.

6   (i) within 30 school days after completion of an

7   evaluation rating a teacher in contractual continued

8   service as "unsatisfactory", development and commencement

9   by the district of a remediation plan designed to correct

10  deficiencies cited, provided the deficiencies are deemed

11  remediable. In all school districts the remediation plan

12  for unsatisfactory, tenured teachers shall provide for 90

13  school days of remediation within the classroom, unless an

14  applicable collective bargaining agreement provides for a

15  shorter duration. In all school districts evaluations

16  issued pursuant to this Section shall be issued within 10

17  days after the conclusion of the respective remediation

18  plan. However, the school board or other governing

19  authority of the district shall not lose jurisdiction to

20  discharge a teacher in the event the evaluation is not

21  issued within 10 days after the conclusion of the

22  respective remediation plan.

23  (j) participation in the remediation plan by the

24  teacher in contractual continued service rated

25  "unsatisfactory", an evaluator and a consulting teacher

26  selected by the evaluator of the teacher who was rated
    SB2394 Enrolled  - 1555 - LRB104 09208 AMC 19265 b

1   "unsatisfactory", which consulting teacher is an

2   educational employee as defined in the Illinois

3   Educational Labor Relations Act, has at least 5 years'

4   teaching experience, and a reasonable familiarity with the

5   assignment of the teacher being evaluated, and who

6   received an "excellent" rating on his or her most recent

7   evaluation. Where no teachers who meet these criteria are

8   available within the district, the district shall request

9   and the applicable regional office of education shall

10  supply, to participate in the remediation process, an

11  individual who meets these criteria.

12  In a district having a population of less than 500,000

13  with an exclusive bargaining agent, the bargaining agent

14  may, if it so chooses, supply a roster of qualified

15  teachers from whom the consulting teacher is to be

16  selected. That roster shall, however, contain the names of

17  at least 5 teachers, each of whom meets the criteria for

18  consulting teacher with regard to the teacher being

19  evaluated, or the names of all teachers so qualified if

20  that number is less than 5. In the event of a dispute as to

21  qualification, the State Board shall determine

22  qualification.

23  (k) a mid-point and final evaluation by an evaluator

24  during and at the end of the remediation period,

25  immediately following receipt of a remediation plan

26  provided for under subsections (i) and (j) of this
    SB2394 Enrolled  - 1556 - LRB104 09208 AMC 19265 b

1   Section. Each evaluation shall assess the teacher's

2   performance during the time period since the prior

3   evaluation; provided that the last evaluation shall also

4   include an overall evaluation of the teacher's performance

5   during the remediation period. A written copy of the

6   evaluations and ratings, in which any deficiencies in

7   performance and recommendations for correction are

8   identified, shall be provided to and discussed with the

9   teacher within 10 school days after the date of the

10  evaluation, unless an applicable collective bargaining

11  agreement provides to the contrary. These subsequent

12  evaluations shall be conducted by an evaluator. The

13  consulting teacher shall provide advice to the teacher

14  rated "unsatisfactory" on how to improve teaching skills

15  and to successfully complete the remediation plan. The

16  consulting teacher shall participate in developing the

17  remediation plan, but the final decision as to the

18  evaluation shall be done solely by the evaluator, unless

19  an applicable collective bargaining agreement provides to

20  the contrary. Evaluations at the conclusion of the

21  remediation process shall be separate and distinct from

22  the required annual evaluations of teachers and shall not

23  be subject to the guidelines and procedures relating to

24  those annual evaluations. The evaluator may but is not

25  required to use the forms provided for the annual

26  evaluation of teachers in the district's evaluation plan.
    SB2394 Enrolled    - 1557 - LRB104 09208 AMC 19265 b

1   (l) reinstatement to the evaluation schedule set forth

2   in the district's evaluation plan for any teacher in

3   contractual continued service who achieves a rating equal

4   to or better than "satisfactory" or "proficient" in the

5   school year following a rating of "needs improvement" or

6   "unsatisfactory".

7   (m) dismissal in accordance with subsection (d) of

8   Section 24-12 or Section 24-16.5 or 34-85 of this Code of

9   any teacher who fails to complete any applicable

10  remediation plan with a rating equal to or better than a

11  "satisfactory" or "proficient" rating. Districts and

12  teachers subject to dismissal hearings are precluded from

13  compelling the testimony of consulting teachers at such

14  hearings under subsection (d) of Section 24-12 or Section

15  24-16.5 or 34-85 of this Code, either as to the rating

16  process or for opinions of performances by teachers under

17  remediation.

18  (n) After the implementation date of an evaluation

19  system for teachers in a district as specified in Section

20  24A-2.5 of this Code, if a teacher in contractual

21  continued service successfully completes a remediation

22  plan following a rating of "unsatisfactory" in an overall

23  performance evaluation received after the foregoing

24  implementation date and receives a subsequent rating of

25  "unsatisfactory" in any of the teacher's overall

26  performance evaluation ratings received during the
    SB2394 Enrolled  - 1558 - LRB104 09208 AMC 19265 b

1   36-month period following the teacher's completion of the

2   remediation plan, then the school district may forgo

3   remediation and seek dismissal in accordance with

4   subsection (d) of Section 24-12 or Section 34-85 of this

5   Code.

6   (o) Teachers who are due to be evaluated in the last

7   year before they are set to retire shall be offered the

8   opportunity to waive their evaluation and to retain their

9   most recent rating, unless the teacher was last rated as

10  "needs improvement" or "unsatisfactory". The school

11  district may still reserve the right to evaluate a teacher

12  provided the district gives notice to the teacher at least

13  14 days before the evaluation and a reason for evaluating

14  the teacher.

15  Nothing in this Section or Section 24A-4 shall be

16 construed as preventing immediate dismissal of a teacher for

17 deficiencies which are deemed irremediable or for actions

18 which are injurious to or endanger the health or person of

19 students in the classroom or school, or preventing the

20 dismissal or non-renewal of teachers not in contractual

21 continued service for any reason not prohibited by applicable

22 employment, labor, and civil rights laws. Failure to strictly

23 comply with the time requirements contained in Section 24A-5

24 shall not invalidate the results of the remediation plan.

25  Nothing contained in Public Act 98-648 repeals,

26 supersedes, invalidates, or nullifies final decisions in
    SB2394 Enrolled        - 1559 - LRB104 09208 AMC 19265 b

1 lawsuits pending on July 1, 2014 (the effective date of Public

2 Act 98-648) in Illinois courts involving the interpretation of

3 Public Act 97-8.

4   If the Governor has declared a disaster due to a public

5 health emergency pursuant to Section 7 of the Illinois

6 Emergency Management Agency Act that suspends in-person

7 instruction, the timelines in this Section connected to the

8 commencement and completion of any remediation plan are

9 waived. Except if the parties mutually agree otherwise and the

10 agreement is in writing, any remediation plan that had been in

11 place for more than 45 days prior to the suspension of

12 in-person instruction shall resume when in-person instruction

13 resumes and any remediation plan that had been in place for

14 fewer than 45 days prior to the suspension of in-person

15 instruction shall be discontinued and a new remediation period

16 shall begin when in-person instruction resumes. The

17 requirements of this paragraph apply regardless of whether

18 they are included in a school district's teacher evaluation

19 plan.

20 (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;

21 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; revised 8-8-24.)

22  (105 ILCS 5/27-23.17)

23  Sec. 27-23.17. Workplace Readiness Week.

24  (a) Beginning with the 2024-2025 school year, all public

25 high schools, including charter schools, may designate and
    SB2394 Enrolled          - 1560 - LRB104 09208 AMC 19265 b

1 annually observe a week known as "Workplace Readiness Week".

2 During that week, students shall be provided information on

3 their rights as workers. The topics covered shall include, but

4 are not limited to, local, State, and federal laws regarding

5 each of the following areas and shall include the labor

6 movement's role in winning the protections and benefits

7 described in those areas:

8   (1) Prohibitions against misclassification of

9   employees as independent contractors.

10  (2) Child labor.

11  (3) Wage and hour protections.

12  (4) Worker safety.

13  (5) Workers' compensation.

14  (6) Unemployment insurance.

15  (7) Paid sick leave and paid family leave.

16  (8) The right to organize a union in the workplace.

17  (9) Prohibitions against retaliation by employers when

18  workers exercise their rights as workers or any other

19  rights guaranteed by law.

20  During Workplace Readiness Week, students shall also be

21 provided information introducing them to State-approved

22 apprenticeship programs, how to access them, the variety of

23 programs available, and how they can provide an alternative

24 career path for those students who choose not to attend a

25 traditional higher education program.

26  (b) If a school observes Workplace Readiness Week under
   SB2394 Enrolled         - 1561 - LRB104 09208 AMC 19265 b

1 this Section, then, for students in grades 11 and 12, the
2 information required to be provided in subsection (a) shall be
3 integrated into the regular school program but may also be
4 provided during special events after regular school hours.
5 Integration into the regular school program is encouraged, but
6 not required, to occur during Workplace Readiness Week.
7 (Source: P.A. 103-598, eff. 7-1-24.)

8  (105 ILCS 5/27-23.18)

9  Sec. 27-23.18 27-23.17. Relaxation activities. Each school

10 district may provide to students, in addition to and not

11 substituting recess, at least 20 minutes a week of relaxation

12 activities to enhance the mental and physical health of

13 students as part of the school day. Relaxation activities may

14 include, but are not limited to, mindful-based movements,

15 yoga, stretching, meditation, breathing exercises, guided

16 relaxation techniques, quiet time, walking, in-person

17 conversation, and other stress-relieving activities. A school

18 district may partner with public and private community

19 organizations to provide relaxation activities. These

20 activities may take place in a physical education class,

21 social-emotional learning class, or student-support or

22 advisory class or as a part of another similar class,

23 including a new class.

24 (Source: P.A. 103-764, eff. 1-1-25; revised 12-3-24.)
    SB2394 Enrolled        - 1562 - LRB104 09208 AMC 19265 b

1   (105 ILCS 5/27A-5)

2   (Text of Section before amendment by P.A. 102-466)

3   Sec. 27A-5. Charter school; legal entity; requirements.

4   (a) A charter school shall be a public, nonsectarian,

5 nonreligious, non-home based, and non-profit school. A charter

6 school shall be organized and operated as a nonprofit

7 corporation or other discrete, legal, nonprofit entity

8 authorized under the laws of the State of Illinois.

9   (b) A charter school may be established under this Article

10 by creating a new school or by converting an existing public

11 school or attendance center to charter school status. In all

12 new applications to establish a charter school in a city

13 having a population exceeding 500,000, operation of the

14 charter school shall be limited to one campus. This limitation

15 does not apply to charter schools existing or approved on or

16 before April 16, 2003.

17  (b-5) (Blank).

18  (c) A charter school shall be administered and governed by

19 its board of directors or other governing body in the manner

20 provided in its charter. The governing body of a charter

21 school shall be subject to the Freedom of Information Act and

22 the Open Meetings Act. A charter school's board of directors

23 or other governing body must include at least one parent or

24 guardian of a pupil currently enrolled in the charter school

25 who may be selected through the charter school or a charter

26 network election, appointment by the charter school's board of
    SB2394 Enrolled  - 1563 - LRB104 09208 AMC 19265 b

1 directors or other governing body, or by the charter school's

2 Parent Teacher Organization or its equivalent.

3   (c-5) No later than January 1, 2021 or within the first

4 year of his or her first term, every voting member of a charter

5 school's board of directors or other governing body shall

6 complete a minimum of 4 hours of professional development

7 leadership training to ensure that each member has sufficient

8 familiarity with the board's or governing body's role and

9 responsibilities, including financial oversight and

10 accountability of the school, evaluating the principal's and

11 school's performance, adherence to the Freedom of Information

12 Act and the Open Meetings Act, and compliance with education

13 and labor law. In each subsequent year of his or her term, a

14 voting member of a charter school's board of directors or

15 other governing body shall complete a minimum of 2 hours of

16 professional development training in these same areas. The

17 training under this subsection may be provided or certified by

18 a statewide charter school membership association or may be

19 provided or certified by other qualified providers approved by

20 the State Board.

21  (d) For purposes of this subsection (d), "non-curricular

22 health and safety requirement" means any health and safety

23 requirement created by statute or rule to provide, maintain,

24 preserve, or safeguard safe or healthful conditions for

25 students and school personnel or to eliminate, reduce, or

26 prevent threats to the health and safety of students and
    SB2394 Enrolled  - 1564 - LRB104 09208 AMC 19265 b

1 school personnel. "Non-curricular health and safety

2 requirement" does not include any course of study or

3 specialized instructional requirement for which the State

4 Board has established goals and learning standards or which is

5 designed primarily to impart knowledge and skills for students

6 to master and apply as an outcome of their education.

7   A charter school shall comply with all non-curricular

8 health and safety requirements applicable to public schools

9 under the laws of the State of Illinois. The State Board shall

10 promulgate and post on its Internet website a list of

11 non-curricular health and safety requirements that a charter

12 school must meet. The list shall be updated annually no later

13 than September 1. Any charter contract between a charter

14 school and its authorizer must contain a provision that

15 requires the charter school to follow the list of all

16 non-curricular health and safety requirements promulgated by

17 the State Board and any non-curricular health and safety

18 requirements added by the State Board to such list during the

19 term of the charter. Nothing in this subsection (d) precludes

20 an authorizer from including non-curricular health and safety

21 requirements in a charter school contract that are not

22 contained in the list promulgated by the State Board,

23 including non-curricular health and safety requirements of the

24 authorizing local school board.

25  (e) Except as otherwise provided in the School Code, a

26 charter school shall not charge tuition; provided that a
    SB2394 Enrolled  - 1565 - LRB104 09208 AMC 19265 b

1 charter school may charge reasonable fees for textbooks,

2 instructional materials, and student activities.

3   (f) A charter school shall be responsible for the

4 management and operation of its fiscal affairs, including, but

5 not limited to, the preparation of its budget. An audit of each

6 charter school's finances shall be conducted annually by an

7 outside, independent contractor retained by the charter

8 school. The contractor shall not be an employee of the charter

9 school or affiliated with the charter school or its authorizer

10 in any way, other than to audit the charter school's finances.

11 To ensure financial accountability for the use of public

12 funds, on or before December 1 of every year of operation, each

13 charter school shall submit to its authorizer and the State

14 Board a copy of its audit and a copy of the Form 990 the

15 charter school filed that year with the federal Internal

16 Revenue Service. In addition, if deemed necessary for proper

17 financial oversight of the charter school, an authorizer may

18 require quarterly financial statements from each charter

19 school.

20  (g) A charter school shall comply with all provisions of

21 this Article, the Illinois Educational Labor Relations Act,

22 all federal and State laws and rules applicable to public

23 schools that pertain to special education and the instruction

24 of English learners, and its charter. A charter school is

25 exempt from all other State laws and regulations in this Code

26 governing public schools and local school board policies;
    SB2394 Enrolled        - 1566 - LRB104 09208 AMC 19265 b

1 however, a charter school is not exempt from the following:

2   (1) Sections 10-21.9 and 34-18.5 of this Code

3   regarding criminal history records checks and checks of

4   the Statewide Sex Offender Database and Statewide Murderer

5   and Violent Offender Against Youth Database of applicants

6   for employment;

7   (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,

8   and 34-84a of this Code regarding discipline of students;

9   (3) the Local Governmental and Governmental Employees

10  Tort Immunity Act;

11  (4) Section 108.75 of the General Not For Profit

12  Corporation Act of 1986 regarding indemnification of

13  officers, directors, employees, and agents;

14  (5) the Abused and Neglected Child Reporting Act;

15  (5.5) subsection (b) of Section 10-23.12 and

16  subsection (b) of Section 34-18.6 of this Code;

17  (6) the Illinois School Student Records Act;

18  (7) Section 10-17a of this Code regarding school

19  report cards;

20  (8) the P-20 Longitudinal Education Data System Act;

21  (9) Section 27-23.7 of this Code regarding bullying

22  prevention;

23  (10) Section 2-3.162 of this Code regarding student

24  discipline reporting;

25  (11) Sections 22-80 and 27-8.1 of this Code;

26  (12) Sections 10-20.60 and 34-18.53 of this Code;
    SB2394 Enrolled         - 1567 - LRB104 09208 AMC 19265 b

1   (13) Sections 10-20.63 and 34-18.56 of this Code;

2   (14) Sections 22-90 and 26-18 of this Code;

3   (15) Section 22-30 of this Code;

4   (16) Sections 24-12 and 34-85 of this Code;

5   (17) the Seizure Smart School Act;

6   (18) Section 2-3.64a-10 of this Code;

7   (19) Sections 10-20.73 and 34-21.9 of this Code;

8   (20) Section 10-22.25b of this Code;

9   (21) Section 27-9.1a of this Code;

10  (22) Section 27-9.1b of this Code;

11  (23) Section 34-18.8 of this Code;

12  (25) Section 2-3.188 of this Code;

13  (26) Section 22-85.5 of this Code;

14  (27) subsections (d-10), (d-15), and (d-20) of Section

15  10-20.56 of this Code;

16  (28) Sections 10-20.83 and 34-18.78 of this Code;

17  (29) Section 10-20.13 of this Code;

18  (30) Section 28-19.2 of this Code;

19  (31) Section 34-21.6 of this Code;

20  (32) Section 22-85.10 of this Code;

21  (33) Section 2-3.196 of this Code;

22  (34) Section 22-95 of this Code;

23  (35) Section 34-18.62 of this Code;

24  (36) the Illinois Human Rights Act; and

25  (37) Section 2-3.204 of this Code.

26  The change made by Public Act 96-104 to this subsection
    SB2394 Enrolled            - 1568 - LRB104 09208 AMC 19265 b

1 (g) is declaratory of existing law.

2   (h) A charter school may negotiate and contract with a

3 school district, the governing body of a State college or

4 university or public community college, or any other public or

5 for-profit or nonprofit private entity for: (i) the use of a

6 school building and grounds or any other real property or

7 facilities that the charter school desires to use or convert

8 for use as a charter school site, (ii) the operation and

9 maintenance thereof, and (iii) the provision of any service,

10 activity, or undertaking that the charter school is required

11 to perform in order to carry out the terms of its charter.

12 Except as provided in subsection (i) of this Section, a school

13 district may charge a charter school reasonable rent for the

14 use of the district's buildings, grounds, and facilities. Any

15 services for which a charter school contracts with a school

16 district shall be provided by the district at cost. Any

17 services for which a charter school contracts with a local

18 school board or with the governing body of a State college or

19 university or public community college shall be provided by

20 the public entity at cost.

21  (i) In no event shall a charter school that is established

22 by converting an existing school or attendance center to

23 charter school status be required to pay rent for space that is

24 deemed available, as negotiated and provided in the charter

25 agreement, in school district facilities. However, all other

26 costs for the operation and maintenance of school district
    SB2394 Enrolled  - 1569 - LRB104 09208 AMC 19265 b

1 facilities that are used by the charter school shall be

2 subject to negotiation between the charter school and the

3 local school board and shall be set forth in the charter.

4   (j) A charter school may limit student enrollment by age

5 or grade level.

6   (k) If the charter school is authorized by the State

7 Board, then the charter school is its own local education

8 agency.

9 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

10 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.

11 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;

12 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.

13 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,

14 eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;

15 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)

16  (Text of Section after amendment by P.A. 102-466)

17  Sec. 27A-5. Charter school; legal entity; requirements.

18  (a) A charter school shall be a public, nonsectarian,

19 nonreligious, non-home based, and non-profit school. A charter

20 school shall be organized and operated as a nonprofit

21 corporation or other discrete, legal, nonprofit entity

22 authorized under the laws of the State of Illinois.

23  (b) A charter school may be established under this Article

24 by creating a new school or by converting an existing public

25 school or attendance center to charter school status. In all
    SB2394 Enrolled       - 1570 - LRB104 09208 AMC 19265 b

1 new applications to establish a charter school in a city

2 having a population exceeding 500,000, operation of the

3 charter school shall be limited to one campus. This limitation

4 does not apply to charter schools existing or approved on or

5 before April 16, 2003.

6   (b-5) (Blank).

7   (c) A charter school shall be administered and governed by

8 its board of directors or other governing body in the manner

9 provided in its charter. The governing body of a charter

10 school shall be subject to the Freedom of Information Act and

11 the Open Meetings Act. A charter school's board of directors

12 or other governing body must include at least one parent or

13 guardian of a pupil currently enrolled in the charter school

14 who may be selected through the charter school or a charter

15 network election, appointment by the charter school's board of

16 directors or other governing body, or by the charter school's

17 Parent Teacher Organization or its equivalent.

18  (c-5) No later than January 1, 2021 or within the first

19 year of his or her first term, every voting member of a charter

20 school's board of directors or other governing body shall

21 complete a minimum of 4 hours of professional development

22 leadership training to ensure that each member has sufficient

23 familiarity with the board's or governing body's role and

24 responsibilities, including financial oversight and

25 accountability of the school, evaluating the principal's and

26 school's performance, adherence to the Freedom of Information
    SB2394 Enrolled  - 1571 - LRB104 09208 AMC 19265 b

1 Act and the Open Meetings Act, and compliance with education

2 and labor law. In each subsequent year of his or her term, a

3 voting member of a charter school's board of directors or

4 other governing body shall complete a minimum of 2 hours of

5 professional development training in these same areas. The

6 training under this subsection may be provided or certified by

7 a statewide charter school membership association or may be

8 provided or certified by other qualified providers approved by

9 the State Board.

10  (d) For purposes of this subsection (d), "non-curricular

11 health and safety requirement" means any health and safety

12 requirement created by statute or rule to provide, maintain,

13 preserve, or safeguard safe or healthful conditions for

14 students and school personnel or to eliminate, reduce, or

15 prevent threats to the health and safety of students and

16 school personnel. "Non-curricular health and safety

17 requirement" does not include any course of study or

18 specialized instructional requirement for which the State

19 Board has established goals and learning standards or which is

20 designed primarily to impart knowledge and skills for students

21 to master and apply as an outcome of their education.

22  A charter school shall comply with all non-curricular

23 health and safety requirements applicable to public schools

24 under the laws of the State of Illinois. The State Board shall

25 promulgate and post on its Internet website a list of

26 non-curricular health and safety requirements that a charter
    SB2394 Enrolled  - 1572 - LRB104 09208 AMC 19265 b

1 school must meet. The list shall be updated annually no later

2 than September 1. Any charter contract between a charter

3 school and its authorizer must contain a provision that

4 requires the charter school to follow the list of all

5 non-curricular health and safety requirements promulgated by

6 the State Board and any non-curricular health and safety

7 requirements added by the State Board to such list during the

8 term of the charter. Nothing in this subsection (d) precludes

9 an authorizer from including non-curricular health and safety

10 requirements in a charter school contract that are not

11 contained in the list promulgated by the State Board,

12 including non-curricular health and safety requirements of the

13 authorizing local school board.

14  (e) Except as otherwise provided in the School Code, a

15 charter school shall not charge tuition; provided that a

16 charter school may charge reasonable fees for textbooks,

17 instructional materials, and student activities.

18  (f) A charter school shall be responsible for the

19 management and operation of its fiscal affairs, including, but

20 not limited to, the preparation of its budget. An audit of each

21 charter school's finances shall be conducted annually by an

22 outside, independent contractor retained by the charter

23 school. The contractor shall not be an employee of the charter

24 school or affiliated with the charter school or its authorizer

25 in any way, other than to audit the charter school's finances.

26 To ensure financial accountability for the use of public
    SB2394 Enrolled     - 1573 - LRB104 09208 AMC 19265 b

1 funds, on or before December 1 of every year of operation, each

2 charter school shall submit to its authorizer and the State

3 Board a copy of its audit and a copy of the Form 990 the

4 charter school filed that year with the federal Internal

5 Revenue Service. In addition, if deemed necessary for proper

6 financial oversight of the charter school, an authorizer may

7 require quarterly financial statements from each charter

8 school.

9   (g) A charter school shall comply with all provisions of

10 this Article, the Illinois Educational Labor Relations Act,

11 all federal and State laws and rules applicable to public

12 schools that pertain to special education and the instruction

13 of English learners, and its charter. A charter school is

14 exempt from all other State laws and regulations in this Code

15 governing public schools and local school board policies;

16 however, a charter school is not exempt from the following:

17         (1) Sections 10-21.9 and 34-18.5 of this Code

18  regarding criminal history records checks and checks of

19  the Statewide Sex Offender Database and Statewide Murderer

20  and Violent Offender Against Youth Database of applicants

21  for employment;

22         (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,

23  and 34-84a of this Code regarding discipline of students;

24         (3) the Local Governmental and Governmental Employees

25  Tort Immunity Act;

26         (4) Section 108.75 of the General Not For Profit
    SB2394 Enrolled        - 1574 - LRB104 09208 AMC 19265 b

1   Corporation Act of 1986 regarding indemnification of

2   officers, directors, employees, and agents;

3   (5) the Abused and Neglected Child Reporting Act;

4   (5.5) subsection (b) of Section 10-23.12 and

5   subsection (b) of Section 34-18.6 of this Code;

6   (6) the Illinois School Student Records Act;

7   (7) Section 10-17a of this Code regarding school

8   report cards;

9   (8) the P-20 Longitudinal Education Data System Act;

10  (9) Section 27-23.7 of this Code regarding bullying

11  prevention;

12  (10) Section 2-3.162 of this Code regarding student

13  discipline reporting;

14  (11) Sections 22-80 and 27-8.1 of this Code;

15  (12) Sections 10-20.60 and 34-18.53 of this Code;

16  (13) Sections 10-20.63 and 34-18.56 of this Code;

17  (14) Sections 22-90 and 26-18 of this Code;

18  (15) Section 22-30 of this Code;

19  (16) Sections 24-12 and 34-85 of this Code;

20  (17) the Seizure Smart School Act;

21  (18) Section 2-3.64a-10 of this Code;

22  (19) Sections 10-20.73 and 34-21.9 of this Code;

23  (20) Section 10-22.25b of this Code;

24  (21) Section 27-9.1a of this Code;

25  (22) Section 27-9.1b of this Code;

26  (23) Section 34-18.8 of this Code;
    SB2394 Enrolled         - 1575 - LRB104 09208 AMC 19265 b

1   (24) Article 26A of this Code;

2   (25) Section 2-3.188 of this Code;

3   (26) Section 22-85.5 of this Code;

4   (27) subsections (d-10), (d-15), and (d-20) of Section

5   10-20.56 of this Code;

6   (28) Sections 10-20.83 and 34-18.78 of this Code;

7   (29) Section 10-20.13 of this Code;

8   (30) Section 28-19.2 of this Code;

9   (31) Section 34-21.6 of this Code;

10  (32) Section 22-85.10 of this Code;

11  (33) Section 2-3.196 of this Code;

12  (34) Section 22-95 of this Code;

13  (35) Section 34-18.62 of this Code;

14  (36) the Illinois Human Rights Act; and

15  (37) Section 2-3.204 of this Code.

16  The change made by Public Act 96-104 to this subsection

17 (g) is declaratory of existing law.

18  (h) A charter school may negotiate and contract with a

19 school district, the governing body of a State college or

20 university or public community college, or any other public or

21 for-profit or nonprofit private entity for: (i) the use of a

22 school building and grounds or any other real property or

23 facilities that the charter school desires to use or convert

24 for use as a charter school site, (ii) the operation and

25 maintenance thereof, and (iii) the provision of any service,

26 activity, or undertaking that the charter school is required
    SB2394 Enrolled            - 1576 - LRB104 09208 AMC 19265 b

1 to perform in order to carry out the terms of its charter.

2 Except as provided in subsection (i) of this Section, a school

3 district may charge a charter school reasonable rent for the

4 use of the district's buildings, grounds, and facilities. Any

5 services for which a charter school contracts with a school

6 district shall be provided by the district at cost. Any

7 services for which a charter school contracts with a local

8 school board or with the governing body of a State college or

9 university or public community college shall be provided by

10 the public entity at cost.

11  (i) In no event shall a charter school that is established

12 by converting an existing school or attendance center to

13 charter school status be required to pay rent for space that is

14 deemed available, as negotiated and provided in the charter

15 agreement, in school district facilities. However, all other

16 costs for the operation and maintenance of school district

17 facilities that are used by the charter school shall be

18 subject to negotiation between the charter school and the

19 local school board and shall be set forth in the charter.

20  (j) A charter school may limit student enrollment by age

21 or grade level.

22  (k) If the charter school is authorized by the State

23 Board, then the charter school is its own local education

24 agency.

25 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

26 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
    SB2394 Enrolled  - 1577 - LRB104 09208 AMC 19265 b

1 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
2 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
3 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
4 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
5 eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
6 revised 11-26-24.)

7   (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)

8   Sec. 34-18. Powers of the board. The board shall exercise

9 general supervision and jurisdiction over the public education

10 and the public school system of the city, and, except as

11 otherwise provided by this Article, shall have power:

12  1. To make suitable provision for the establishment

13  and maintenance throughout the year or for such portion

14  thereof as it may direct, not less than 9 months and in

15  compliance with Section 10-19.05, of schools of all grades

16  and kinds, including normal schools, high schools, night

17  schools, schools for defectives and delinquents, parental

18  and truant schools, schools for the blind, the deaf, and

19  persons with physical disabilities, schools or classes in

20  manual training, constructural and vocational teaching,

21  domestic arts, and physical culture, vocation and

22  extension schools and lecture courses, and all other

23  educational courses and facilities, including

24  establishing, equipping, maintaining and operating

25  playgrounds and recreational programs, when such programs
    SB2394 Enrolled  - 1578 - LRB104 09208 AMC 19265 b

1   are conducted in, adjacent to, or connected with any

2   public school under the general supervision and

3   jurisdiction of the board; provided that the calendar for

4   the school term and any changes must be submitted to and

5   approved by the State Board of Education before the

6   calendar or changes may take effect, and provided that in

7   allocating funds from year to year for the operation of

8   all attendance centers within the district, the board

9   shall ensure that supplemental general State aid or

10  supplemental grant funds are allocated and applied in

11  accordance with Section 18-8, 18-8.05, or 18-8.15. To

12  admit to such schools without charge foreign exchange

13  students who are participants in an organized exchange

14  student program which is authorized by the board. The

15  board shall permit all students to enroll in

16  apprenticeship programs in trade schools operated by the

17  board, whether those programs are union-sponsored or not.

18  No student shall be refused admission into or be excluded

19  from any course of instruction offered in the common

20  schools by reason of that student's sex. No student shall

21  be denied equal access to physical education and

22  interscholastic athletic programs supported from school

23  district funds or denied participation in comparable

24  physical education and athletic programs solely by reason

25  of the student's sex. Equal access to programs supported

26  from school district funds and comparable programs will be
    SB2394 Enrolled  - 1579 - LRB104 09208 AMC 19265 b

1   defined in rules promulgated by the State Board of

2   Education in consultation with the Illinois High School

3   Association. Notwithstanding any other provision of this

4   Article, neither the board of education nor any local

5   school council or other school official shall recommend

6   that children with disabilities be placed into regular

7   education classrooms unless those children with

8   disabilities are provided with supplementary services to

9   assist them so that they benefit from the regular

10  classroom instruction and are included on the teacher's

11  regular education class register;

12  2. To furnish lunches to pupils, to make a reasonable

13  charge therefor, and to use school funds for the payment

14  of such expenses as the board may determine are necessary

15  in conducting the school lunch program;

16  3. To co-operate with the circuit court;

17  4. To make arrangements with the public or

18  quasi-public libraries and museums for the use of their

19  facilities by teachers and pupils of the public schools;

20  5. To employ dentists and prescribe their duties for

21  the purpose of treating the pupils in the schools, but

22  accepting such treatment shall be optional with parents or

23  guardians;

24  6. To grant the use of assembly halls and classrooms

25  when not otherwise needed, including light, heat, and

26  attendants, for free public lectures, concerts, and other
    SB2394 Enrolled  - 1580 - LRB104 09208 AMC 19265 b

1   educational and social interests, free of charge, under

2   such provisions and control as the principal of the

3   affected attendance center may prescribe;

4   7. To apportion the pupils to the several schools;

5   provided that no pupil shall be excluded from or

6   segregated in any such school on account of his color,

7   race, sex, or nationality. The board shall take into

8   consideration the prevention of segregation and the

9   elimination of separation of children in public schools

10  because of color, race, sex, or nationality. Except that

11  children may be committed to or attend parental and social

12  adjustment schools established and maintained either for

13  boys or girls only. All records pertaining to the

14  creation, alteration or revision of attendance areas shall

15  be open to the public. Nothing herein shall limit the

16  board's authority to establish multi-area attendance

17  centers or other student assignment systems for

18  desegregation purposes or otherwise, and to apportion the

19  pupils to the several schools. Furthermore, beginning in

20  school year 1994-95, pursuant to a board plan adopted by

21  October 1, 1993, the board shall offer, commencing on a

22  phased-in basis, the opportunity for families within the

23  school district to apply for enrollment of their children

24  in any attendance center within the school district which

25  does not have selective admission requirements approved by

26  the board. The appropriate geographical area in which such
    SB2394 Enrolled  - 1581 - LRB104 09208 AMC 19265 b

1   open enrollment may be exercised shall be determined by

2   the board of education. Such children may be admitted to

3   any such attendance center on a space available basis

4   after all children residing within such attendance

5   center's area have been accommodated. If the number of

6   applicants from outside the attendance area exceed the

7   space available, then successful applicants shall be

8   selected by lottery. The board of education's open

9   enrollment plan must include provisions that allow

10  low-income students to have access to transportation

11  needed to exercise school choice. Open enrollment shall be

12  in compliance with the provisions of the Consent Decree

13  and Desegregation Plan cited in Section 34-1.01;

14  8. To approve programs and policies for providing

15  transportation services to students. Nothing herein shall

16  be construed to permit or empower the State Board of

17  Education to order, mandate, or require busing or other

18  transportation of pupils for the purpose of achieving

19  racial balance in any school;

20  9. Subject to the limitations in this Article, to

21  establish and approve system-wide curriculum objectives

22  and standards, including graduation standards, which

23  reflect the multi-cultural diversity in the city and are

24  consistent with State law, provided that for all purposes

25  of this Article courses or proficiency in American Sign

26  Language shall be deemed to constitute courses or
    SB2394 Enrolled  - 1582 - LRB104 09208 AMC 19265 b

1   proficiency in a foreign language; and to employ

2   principals and teachers, appointed as provided in this

3   Article, and fix their compensation. The board shall

4   prepare such reports related to minimal competency testing

5   as may be requested by the State Board of Education and, in

6   addition, shall monitor and approve special education and

7   bilingual education programs and policies within the

8   district to ensure that appropriate services are provided

9   in accordance with applicable State and federal laws to

10  children requiring services and education in those areas;

11  10. To employ non-teaching personnel or utilize

12  volunteer personnel for: (i) non-teaching duties not

13  requiring instructional judgment or evaluation of pupils,

14  including library duties; and (ii) supervising study

15  halls, long distance teaching reception areas used

16  incident to instructional programs transmitted by

17  electronic media such as computers, video, and audio,

18  detention and discipline areas, and school-sponsored

19  extracurricular activities. The board may further utilize

20  volunteer nonlicensed personnel or employ nonlicensed

21  personnel to assist in the instruction of pupils under the

22  immediate supervision of a teacher holding a valid

23  educator license, directly engaged in teaching subject

24  matter or conducting activities; provided that the teacher

25  shall be continuously aware of the nonlicensed persons'

26  activities and shall be able to control or modify them.
    SB2394 Enrolled  - 1583 - LRB104 09208 AMC 19265 b

1   The general superintendent shall determine qualifications

2   of such personnel and shall prescribe rules for

3   determining the duties and activities to be assigned to

4   such personnel;

5   10.5. To utilize volunteer personnel from a regional

6   School Crisis Assistance Team (S.C.A.T.), created as part

7   of the Safe to Learn Program established pursuant to

8   Section 25 of the Illinois Violence Prevention Act of

9   1995, to provide assistance to schools in times of

10  violence or other traumatic incidents within a school

11  community by providing crisis intervention services to

12  lessen the effects of emotional trauma on individuals and

13  the community; the School Crisis Assistance Team Steering

14  Committee shall determine the qualifications for

15  volunteers;

16  11. To provide television studio facilities in not to

17  exceed one school building and to provide programs for

18  educational purposes, provided, however, that the board

19  shall not construct, acquire, operate, or maintain a

20  television transmitter; to grant the use of its studio

21  facilities to a licensed television station located in the

22  school district; and to maintain and operate not to exceed

23  one school radio transmitting station and provide programs

24  for educational purposes;

25  12. To offer, if deemed appropriate, outdoor education

26  courses, including field trips within the State of
    SB2394 Enrolled  - 1584 - LRB104 09208 AMC 19265 b

1   Illinois, or adjacent states, and to use school

2   educational funds for the expense of the said outdoor

3   educational programs, whether within the school district

4   or not;

5   13. During that period of the calendar year not

6   embraced within the regular school term, to provide and

7   conduct courses in subject matters normally embraced in

8   the program of the schools during the regular school term

9   and to give regular school credit for satisfactory

10  completion by the student of such courses as may be

11  approved for credit by the State Board of Education;

12  14. To insure against any loss or liability of the

13  board, the former School Board Nominating Commission,

14  Local School Councils, the Chicago Schools Academic

15  Accountability Council, or the former Subdistrict Councils

16  or of any member, officer, agent, or employee thereof,

17  resulting from alleged violations of civil rights arising

18  from incidents occurring on or after September 5, 1967 or

19  from the wrongful or negligent act or omission of any such

20  person whether occurring within or without the school

21  premises, provided the officer, agent, or employee was, at

22  the time of the alleged violation of civil rights or

23  wrongful act or omission, acting within the scope of his

24  or her employment or under direction of the board, the

25  former School Board Nominating Commission, the Chicago

26  Schools Academic Accountability Council, Local School
    SB2394 Enrolled         - 1585 - LRB104 09208 AMC 19265 b

1   Councils, or the former Subdistrict Councils; and to

2   provide for or participate in insurance plans for its

3   officers and employees, including, but not limited to,

4   retirement       annuities,  medical,  surgical  and

5   hospitalization benefits in such types and amounts as may

6   be determined by the board; provided, however, that the

7   board shall contract for such insurance only with an

8   insurance company authorized to do business in this State.

9   Such insurance may include provision for employees who

10  rely on treatment by prayer or spiritual means alone for

11  healing, in accordance with the tenets and practice of a

12  recognized religious denomination;

13  15. To contract with the corporate authorities of any

14  municipality or the county board of any county, as the

15  case may be, to provide for the regulation of traffic in

16  parking areas of property used for school purposes, in

17  such manner as is provided by Section 11-209 of the

18  Illinois Vehicle Code;

19  16. (a) To provide, on an equal basis, access to a high

20  school campus and student directory information to the

21  official recruiting representatives of the armed forces of

22  Illinois and the United States for the purposes of

23  informing students of the educational and career

24  opportunities available in the military if the board has

25  provided such access to persons or groups whose purpose is

26  to acquaint students with educational or occupational
    SB2394 Enrolled  - 1586 - LRB104 09208 AMC 19265 b

1   opportunities available to them. The board is not required

2   to give greater notice regarding the right of access to

3   recruiting representatives than is given to other persons

4   and groups. In this paragraph 16, "directory information"

5   means a high school student's name, address, and telephone

6   number.

7   (b) If a student or his or her parent or guardian

8   submits a signed, written request to the high school

9   before the end of the student's sophomore year (or if the

10  student is a transfer student, by another time set by the

11  high school) that indicates that the student or his or her

12  parent or guardian does not want the student's directory

13  information to be provided to official recruiting

14  representatives under subsection (a) of this Section, the

15  high school may not provide access to the student's

16  directory information to these recruiting representatives.

17  The high school shall notify its students and their

18  parents or guardians of the provisions of this subsection

19  (b).

20  (c) A high school may require official recruiting

21  representatives of the armed forces of Illinois and the

22  United States to pay a fee for copying and mailing a

23  student's directory information in an amount that is not

24  more than the actual costs incurred by the high school.

25  (d) Information received by an official recruiting

26  representative under this Section may be used only to
    SB2394 Enrolled  - 1587 - LRB104 09208 AMC 19265 b

1   provide information to students concerning educational and

2   career opportunities available in the military and may not

3   be released to a person who is not involved in recruiting

4   students for the armed forces of Illinois or the United

5   States;

6   17. (a) To sell or market any computer program

7   developed by an employee of the school district, provided

8   that such employee developed the computer program as a

9   direct result of his or her duties with the school

10  district or through the utilization of school district

11  resources or facilities. The employee who developed the

12  computer program shall be entitled to share in the

13  proceeds of such sale or marketing of the computer

14  program. The distribution of such proceeds between the

15  employee and the school district shall be as agreed upon

16  by the employee and the school district, except that

17  neither the employee nor the school district may receive

18  more than 90% of such proceeds. The negotiation for an

19  employee who is represented by an exclusive bargaining

20  representative may be conducted by such bargaining

21  representative at the employee's request.

22  (b) For the purpose of this paragraph 17:

23  (1) "Computer" means an internally programmed, general

24  purpose digital device capable of automatically accepting

25  data, processing data and supplying the results of the

26  operation.
    SB2394 Enrolled  - 1588 - LRB104 09208 AMC 19265 b

1   (2) "Computer program" means a series of coded

2   instructions or statements in a form acceptable to a

3   computer, which causes the computer to process data in

4   order to achieve a certain result.

5   (3) "Proceeds" means profits derived from the

6   marketing or sale of a product after deducting the

7   expenses of developing and marketing such product;

8   18. To delegate to the general superintendent of

9   schools, by resolution, the authority to approve contracts

10  and expenditures in amounts of $35,000 or less;

11  19. Upon the written request of an employee, to

12  withhold from the compensation of that employee any dues,

13  payments, or contributions payable by such employee to any

14  labor organization as defined in the Illinois Educational

15  Labor Relations Act. Under such arrangement, an amount

16  shall be withheld from each regular payroll period which

17  is equal to the pro rata share of the annual dues plus any

18  payments or contributions, and the board shall transmit

19  such withholdings to the specified labor organization

20  within 10 working days from the time of the withholding;

21  19a. Upon receipt of notice from the comptroller of a

22  municipality with a population of 500,000 or more, a

23  county with a population of 3,000,000 or more, the Cook

24  County Forest Preserve District, the Chicago Park

25  District, the Metropolitan Water Reclamation District, the

26  Chicago Transit Authority, or a housing authority of a
    SB2394 Enrolled  - 1589 - LRB104 09208 AMC 19265 b

1   municipality with a population of 500,000 or more that a

2   debt is due and owing the municipality, the county, the

3   Cook County Forest Preserve District, the Chicago Park

4   District, the Metropolitan Water Reclamation District, the

5   Chicago Transit Authority, or the housing authority by an

6   employee of the Chicago Board of Education, to withhold,

7   from the compensation of that employee, the amount of the

8   debt that is due and owing and pay the amount withheld to

9   the municipality, the county, the Cook County Forest

10  Preserve District, the Chicago Park District, the

11  Metropolitan Water Reclamation District, the Chicago

12  Transit Authority, or the housing authority; provided,

13  however, that the amount deducted from any one salary or

14  wage payment shall not exceed 25% of the net amount of the

15  payment. Before the Board deducts any amount from any

16  salary or wage of an employee under this paragraph, the

17  municipality, the county, the Cook County Forest Preserve

18  District, the Chicago Park District, the Metropolitan

19  Water Reclamation District, the Chicago Transit Authority,

20  or the housing authority shall certify that (i) the

21  employee has been afforded an opportunity for a hearing to

22  dispute the debt that is due and owing the municipality,

23  the county, the Cook County Forest Preserve District, the

24  Chicago Park District, the Metropolitan Water Reclamation

25  District, the Chicago Transit Authority, or the housing

26  authority and (ii) the employee has received notice of a
    SB2394 Enrolled  - 1590 - LRB104 09208 AMC 19265 b

1   wage deduction order and has been afforded an opportunity

2   for a hearing to object to the order. For purposes of this

3   paragraph, "net amount" means that part of the salary or

4   wage payment remaining after the deduction of any amounts

5   required by law to be deducted and "debt due and owing"

6   means (i) a specified sum of money owed to the

7   municipality, the county, the Cook County Forest Preserve

8   District, the Chicago Park District, the Metropolitan

9   Water Reclamation District, the Chicago Transit Authority,

10  or the housing authority for services, work, or goods,

11  after the period granted for payment has expired, or (ii)

12  a specified sum of money owed to the municipality, the

13  county, the Cook County Forest Preserve District, the

14  Chicago Park District, the Metropolitan Water Reclamation

15  District, the Chicago Transit Authority, or the housing

16  authority pursuant to a court order or order of an

17  administrative hearing officer after the exhaustion of, or

18  the failure to exhaust, judicial review;

19  20. The board is encouraged to employ a sufficient

20  number of licensed school counselors to maintain a

21  student/counselor ratio of 250 to 1. Each counselor shall

22  spend at least 75% of his work time in direct contact with

23  students and shall maintain a record of such time;

24  21. To make available to students vocational and

25  career counseling and to establish 5 special career

26  counseling days for students and parents. On these days
    SB2394 Enrolled  - 1591 - LRB104 09208 AMC 19265 b

1   representatives of local businesses and industries shall

2   be invited to the school campus and shall inform students

3   of career opportunities available to them in the various

4   businesses and industries. Special consideration shall be

5   given to counseling minority students as to career

6   opportunities available to them in various fields. For the

7   purposes of this paragraph, minority student means a

8   person who is any of the following:

9   (a) American Indian or Alaska Native (a person having

10  origins in any of the original peoples of North and South

11  America, including Central America, and who maintains

12  tribal affiliation or community attachment).

13  (b) Asian (a person having origins in any of the

14  original peoples of the Far East, Southeast Asia, or the

15  Indian subcontinent, including, but not limited to,

16  Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

17  the Philippine Islands, Thailand, and Vietnam).

18  (c) Black or African American (a person having origins

19  in any of the black racial groups of Africa).

20  (d) Hispanic or Latino (a person of Cuban, Mexican,

21  Puerto Rican, South or Central American, or other Spanish

22  culture or origin, regardless of race).

23  (e) Native Hawaiian or Other Pacific Islander (a

24  person having origins in any of the original peoples of

25  Hawaii, Guam, Samoa, or other Pacific Islands).

26  Counseling days shall not be in lieu of regular school
    SB2394 Enrolled  - 1592 - LRB104 09208 AMC 19265 b

1   days;

2   22. To report to the State Board of Education the

3   annual student dropout rate and number of students who

4   graduate from, transfer from, or otherwise leave bilingual

5   programs;

6   23. Except as otherwise provided in the Abused and

7   Neglected Child Reporting Act or other applicable State or

8   federal law, to permit school officials to withhold, from

9   any person, information on the whereabouts of any child

10  removed from school premises when the child has been taken

11  into protective custody as a victim of suspected child

12  abuse. School officials shall direct such person to the

13  Department of Children and Family Services or to the local

14  law enforcement agency, if appropriate;

15  24. To develop a policy, based on the current state of

16  existing school facilities, projected enrollment, and

17  efficient utilization of available resources, for capital

18  improvement of schools and school buildings within the

19  district, addressing in that policy both the relative

20  priority for major repairs, renovations, and additions to

21  school facilities and the advisability or necessity of

22  building new school facilities or closing existing schools

23  to meet current or projected demographic patterns within

24  the district;

25  25. To make available to the students in every high

26  school attendance center the ability to take all courses
    SB2394 Enrolled  - 1593 - LRB104 09208 AMC 19265 b

1   necessary to comply with the Board of Higher Education's

2   college entrance criteria effective in 1993;

3   26. To encourage mid-career changes into the teaching

4   profession, whereby qualified professionals become

5   licensed teachers, by allowing credit for professional

6   employment in related fields when determining point of

7   entry on the teacher pay scale;

8   27. To provide or contract out training programs for

9   administrative personnel and principals with revised or

10  expanded duties pursuant to this Code in order to ensure

11  they have the knowledge and skills to perform their

12  duties;

13  28. To establish a fund for the prioritized special

14  needs programs, and to allocate such funds and other lump

15  sum amounts to each attendance center in a manner

16  consistent with the provisions of part 4 of Section

17  34-2.3. Nothing in this paragraph shall be construed to

18  require any additional appropriations of State funds for

19  this purpose;

20  29. (Blank);

21  30. Notwithstanding any other provision of this Act or

22  any other law to the contrary, to contract with third

23  parties for services otherwise performed by employees,

24  including those in a bargaining unit, and to lay off

25  layoff those employees upon 14 days' days written notice

26  to the affected employees. Those contracts may be for a
    SB2394 Enrolled   - 1594 - LRB104 09208 AMC 19265 b

1   period not to exceed 5 years and may be awarded on a

2   system-wide basis. The board may not operate more than 30

3   contract schools, provided that the board may operate an

4   additional 5 contract turnaround schools pursuant to item

5   (5.5) of subsection (d) of Section 34-8.3 of this Code,

6   and the governing bodies of contract schools are subject

7   to the Freedom of Information Act and Open Meetings Act;

8   31. To promulgate rules establishing procedures

9   governing the layoff or reduction in force of employees

10  and the recall of such employees, including, but not

11  limited to, criteria for such layoffs, reductions in force

12  or recall rights of such employees and the weight to be

13  given to any particular criterion. Such criteria shall

14  take into account factors, including, but not limited to,

15  qualifications, certifications, experience, performance

16  ratings or evaluations, and any other factors relating to

17  an employee's job performance;

18  32. To develop a policy to prevent nepotism in the

19  hiring of personnel or the selection of contractors;

20  33. (Blank); and

21  34. To establish a Labor Management Council to the

22  board comprised of representatives of the board, the chief

23  executive officer, and those labor organizations that are

24  the exclusive representatives of employees of the board

25  and to promulgate policies and procedures for the

26  operation of the Council.
    SB2394 Enrolled        - 1595 - LRB104 09208 AMC 19265 b

1   The specifications of the powers herein granted are not to

2 be construed as exclusive, but the board shall also exercise

3 all other powers that may be requisite or proper for the

4 maintenance and the development of a public school system, not

5 inconsistent with the other provisions of this Article or

6 provisions of this Code which apply to all school districts.

7   In addition to the powers herein granted and authorized to

8 be exercised by the board, it shall be the duty of the board to

9 review or to direct independent reviews of special education

10 expenditures and services. The board shall file a report of

11 such review with the General Assembly on or before May 1, 1990.

12 (Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21;

13 102-894, eff. 5-20-22; 103-8, eff. 1-1-24; revised 7-17-24.)

14  (105 ILCS 5/34-18.68)

15  Sec. 34-18.68. Chicago Board of Education Non-Citizen

16 Advisory Board.

17  (a) The Chicago Board of Education Non-Citizen Diversity

18 Advisory Board is created to provide non-citizen students with

19 maximum opportunity for success during their elementary and

20 secondary education experience.

21  (b) The Chicago Board of Education Non-Citizen Advisory

22 Board is composed of individuals appointed by the Mayor to

23 advise the Chicago Board of Education on, but not limited to,

24 the following issues:

25  (1) Appropriate ways to create an equitable and
    SB2394 Enrolled        - 1596 - LRB104 09208 AMC 19265 b

1   inclusive learning environment for non-citizen students;

2   (2) Strengthening student, parent, and guardian

3   privacy and confidentiality in school-related issues;

4   (3) Establishing appropriate communication methods

5   between the district and non-citizen students to maximize

6   interactions between the student's school, parents, and

7   guardians;

8   (4) Ensuring principals and other district leaders

9   learn and disseminate information on resources available

10  to non-citizen students and their families;

11  (5) Developing appropriate methods by which

12  non-citizen students are encouraged and supported to

13  continue their education at an institution of higher

14  education; and

15  (6) Providing the perspective of non-citizen families

16  and students who are affected by Board actions,

17  governance, policies, and procedures.

18 (Source: P.A. 102-177, eff. 6-1-22; revised 10-23-24.)

19  (105 ILCS 5/34-18.85)

20  Sec. 34-18.85. Chicago Board of Education Black Student

21 Achievement Committee.

22  (a) The Chicago Board of Education Black Student

23 Achievement Committee is created to be a standing committee of

24 the Board with the purpose of providing Black students with

25 the maximum opportunity for success in areas where research
    SB2394 Enrolled          - 1597 - LRB104 09208 AMC 19265 b

1 shows that there has been chronic underperformance of African

2 American students during their elementary and secondary

3 education experience.

4   (b) The Chicago Board of Education Black Student

5 Achievement Committee shall be chaired by a member of the

6 Board and shall be composed of individuals appointed by the

7 President of the Board to help the Board shape educational

8 policies and to:

9   (1) develop strategies and recommendations for Black

10  student achievement and opportunity;

11  (2) use data to conduct an evidence-based needs

12  assessment to better understand needs and establish a

13  baseline for Black student achievement;

14  (3) develop a strategic management plan to identify

15  goals, objectives, and outcomes designed to bring about

16  academic parity between Black children and their peers;

17  (4) identify and track metrics and key performance

18  indicators that demonstrate positive movement toward

19  achieving the goals and objectives outlined in the

20  strategic management plan; and

21  (5) prepare and provide regular progress reports to

22  the Board and the public.

23  (c) The Committee's membership shall be diverse in terms

24 of skills and geography.

25 (Source: P.A. 103-584, eff. 3-18-24.)
    SB2394 Enrolled            - 1598 - LRB104 09208 AMC 19265 b

1   (105 ILCS 5/34-18.87)

2   Sec. 34-18.87 34-18.85. Automated external defibrillator;

3 attendance centers and extracurricular activities.

4   (a) As used in this Section, "automated external

5 defibrillator" has the meaning provided in the Automated

6 External Defibrillator Act.

7   (b) The school district shall require all attendance

8 centers to have present during the school day and during a

9 school-sponsored extracurricular activity on school grounds at

10 least one automated external defibrillator.

11  (c) An automated external defibrillator installed and

12 maintained in accordance with the Physical Fitness Facility

13 Medical Emergency Preparedness Act may be used to satisfy the

14 requirements of this Section.

15 (Source: P.A. 103-1019, eff. 1-1-25; revised 12-3-24.)

16  (105 ILCS 5/34-22.6) (from Ch. 122, par. 34-22.6)

17  Sec. 34-22.6. Issuance of bonds. For the purpose of

18 erecting, purchasing, or otherwise acquiring buildings

19 suitable for school houses, erecting temporary school

20 structures, erecting additions to, repairing, rehabilitating,

21 modernizing and replacing existing school buildings and

22 temporary school structures, and furnishing and equipping

23 school buildings and temporary school structures, and

24 purchasing or otherwise acquiring and improving sites for such

25 purposes, the board may incur an indebtedness and issue bonds
    SB2394 Enrolled  - 1599 - LRB104 09208 AMC 19265 b

1 therefor in an amount or amounts not to exceed in the aggregate

2 $150,000,000 in addition to the bonds authorized under

3 Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5, and

4 34-22.7. Bonds authorized under this Section may also be

5 issued for the purposes of paying interest on such bonds,

6 establishing reserves to secure such bonds and paying the

7 costs of issuance of such bonds. In connection with the

8 issuance of its bonds, the board may enter into arrangements

9 to provide additional security and liquidity for the bonds.

10 These may include, without limitation, municipal bond

11 insurance, letters of credit, lines of credit by which the

12 board may borrow funds to pay or redeem its bonds, and purchase

13 or remarketing arrangements for assuring the ability of owners

14 of the board's bonds to sell or to have redeemed their bonds.

15 The board may enter into contracts and may agree to pay fees to

16 persons providing such arrangements, including from bond

17 proceeds but only under circumstances in which the total

18 interest paid or to be paid on the bonds, together with the

19 fees for the arrangements (being treated as if interest),

20 would not, taken together, cause the bonds to bear interest,

21 calculated to their absolute maturity, at a rate in excess of

22 the maximum rate allowed by law.

23  The resolution of the board authorizing the issuance of

24 its bonds may provide that interest rates may vary from time to

25 time depending upon criteria established by the board, which

26 may include, without limitation, a variation in interest rates
SB2394 Enrolled  - 1600 - LRB104 09208 AMC 19265 b

 1 as may be necessary to cause bonds to be remarketable from time
 2 to time at a price equal to their principal amount, and may
 3 provide for appointment of a national banking association,
 4 bank, trust company, investment banker, or other financial
 5 institution to serve as a remarketing agent in that
 6 connection. The resolution of the board authorizing the
 7 issuance of its bonds may provide that alternative interest
 8 rates or provisions will apply during such times as the bonds
 9 are held by a person providing a letter of credit or other
10 credit enhancement arrangement for those bonds. The Board may
11 use proceeds of the sale of bonds authorized under this
12 Section to pay the cost of obtaining such municipal bond
13 insurance, letter of credit, or other credit facilities. Bonds
14 may also be issued under this Section to pay the cost of
15 refunding any bonds issued under this Section, including prior
16 to their maturity. The bonds shall bear interest at a rate or
17 rates not to exceed the maximum annual rate provided for in
18 Section 2 of the Bond Authorization Act "An Act to authorize
19 public corporations to issue bonds, other evidences of
20 indebtedness and tax anticipation warrants subject to interest
21 rate limitations set forth therein", approved May 26, 1970, as
22 now or hereafter amended, and, if issued at such maximum
23 annual rate, shall be sold for not less than par and accrued
24 interest. If any of the bonds are issued to bear interest at a
25 rate of less than such maximum annual rate the minimum price at
26 which they may be sold shall be such that the interest cost to
    SB2394 Enrolled  - 1601 - LRB104 09208 AMC 19265 b

1 the board on the proceeds of the bonds shall not exceed such

2 maximum annual rate computed to stated maturity according to

3 standard tables of bond values.

4   Whenever the board desires to issue bonds as authorized in

5 this Section, it shall adopt a resolution designating the

6 purpose for which the proceeds of the bonds are to be expended

7 and fixing the amount of the bonds proposed to be issued, the

8 maturity or maturities thereof, and optional provisions, if

9 any, the rate of interest thereon, and the amount of taxes to

10 be levied annually for the purpose of paying the interest upon

11 and the principal, whether due at maturity or upon sinking

12 fund installment dates, of such bonds.

13  Said bonds shall be issued in the corporate name of the

14 school district. They shall be signed by the president and

15 secretary of said board and countersigned by the mayor and the

16 comptroller (or city clerk if there be no comptroller) of the

17 city. They shall be sold by the city comptroller (or city clerk

18 if there be no comptroller) upon such terms as may be approved

19 by the board after advertisement for bids as ordered by and

20 under the direction of the board, and the proceeds thereof

21 shall be received by the city treasurer, as school treasurer,

22 and expended by the board for the purposes provided in the bond

23 resolution.

24  Before or at the time of issuing any bonds authorized in

25 this Section, the board shall provide for the levy and

26 collection of a direct annual tax upon all the taxable
    SB2394 Enrolled  - 1602 - LRB104 09208 AMC 19265 b

 1 property of such school district sufficient to pay and
 2 discharge the principal thereof at maturity, or upon sinking
 3 fund installment dates, and to pay the interest thereon as it
 4 falls due. Such tax shall be levied and collected in like
 5 manner with the other taxes of such school district and shall
 6 be in addition to and exclusive of the maximum of all other
 7 taxes which such board is now, or may hereafter be, authorized
 8 by law to levy for any and all school purposes. Upon the filing
 9 in the office of the county clerk of the county wherein such
10 school district is located of a duly certified copy of any such
11 ordinance, it shall be the duty of such county clerk to extend
12 the tax therein provided for, including an amount to cover
13 loss and cost of collecting said taxes and also deferred
14 collections thereof and abatements in the amounts of such
15 taxes as extended upon the collector's books. The ordinance
16 shall be in force upon its passage.
17 (Source: P.A. 85-1418; 86-1477; revised 7-17-24.)

18  (105 ILCS 5/34-22.10) (from Ch. 122, par. 34-22.10)

19  Sec. 34-22.10. Issuance of bonds. For the sole purpose of

20 purchasing or otherwise acquiring school buildings and related

21 property and facilities for an agricultural science school

22 pursuant to an agreement entered into pursuant to subparagraph

23 (7) of Section 34-21.1, the board may incur an indebtedness

24 and issue bonds therefor in an amount or amounts not to exceed

25 in the aggregate $20,000,000 in addition to the bonds
    SB2394 Enrolled  - 1603 - LRB104 09208 AMC 19265 b

1 authorized under Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4,

2 34-22.5, 34-22.6, and 34-22.7. Bonds authorized under this

3 Section may also be issued for the purposes of paying interest

4 on such bonds, establishing reserves to secure such bonds and

5 paying the costs of issuance of such bonds.

6   In connection with the issuance of its bonds, the board

7 may enter into arrangements to provide additional security and

8 liquidity for the bonds. These may include, without

9 limitation, municipal bond insurance, letters of credit, lines

10 of credit by which the board may borrow funds to pay or redeem

11 its bonds, and purchase or remarketing arrangements for

12 assuring the ability of owners of the board's bonds to sell or

13 to have redeemed their bonds. The board may enter into

14 contracts and may agree to pay fees to persons providing such

15 arrangements, including from bond proceeds but only under

16 circumstances in which the total interest paid or to be paid on

17 the bonds, together with the fees for the arrangements (being

18 treated as if interest), would not, taken together, cause the

19 bonds to bear interest, calculated to their absolute maturity,

20 at a rate in excess of the maximum rate allowed by law.

21  The Board may use proceeds of the sale of bonds authorized

22 under this Section to pay the cost of obtaining such municipal

23 bond insurance, letter of credit, or other credit facilities.

24 Bonds may also be issued under this Section to pay the cost of

25 refunding any bonds issued under this Section, including prior

26 to their maturity. The bonds shall bear interest at a rate or
SB2394 Enrolled  - 1604 - LRB104 09208 AMC 19265 b

 1 rates not to exceed the maximum annual rate provided for in
 2 Section 2 of the Bond Authorization Act "An Act to authorize
 3 public corporations to issue bonds, other evidences of
 4 indebtedness and tax anticipation warrants subject to interest
 5 rate limitations set forth therein", approved May 26, 1970, as
 6 now or hereafter amended, and, if issued at such maximum
 7 annual rate, shall be sold for not less than par and accrued
 8 interest. If any of the bonds are issued to bear interest at a
 9 rate of less than such maximum annual rate the minimum price at
10 which they may be sold shall be such that the interest cost to
11 the board on the proceeds of the bonds shall not exceed such
12 maximum annual rate computed to stated maturity according to
13 standard tables of bond values. The resolution of the board
14 authorizing the issuance of its bonds may provide that
15 interest rates may vary from time to time depending upon
16 criteria established by the board, which may include, without
17 limitation, a variation in interest rates as may be necessary
18 to cause bonds to be remarketable from time to time at a price
19 equal to their principal amount, and may provide for
20 appointment of a national banking association, bank, trust
21 company, investment banker, or other financial institution to
22 serve as a remarketing agent in that connection. The
23 resolution of the board authorizing the issuance of its bonds
24 may provide that alternative interest rates or provisions will
25 apply during such times as the bonds are held by a person
26 providing a letter of credit or other credit enhancement
    SB2394 Enrolled  - 1605 - LRB104 09208 AMC 19265 b

1 arrangement for those bonds.

2   Whenever the board desires to issue bonds as authorized in

3 this Section, it shall adopt a resolution designating the

4 purpose for which the proceeds of the bonds are to be expended

5 and fixing the amount of the bonds proposed to be issued, the

6 maturity or maturities thereof, and optional provisions, if

7 any, the rate of interest thereon, and the amount of taxes to

8 be levied annually for the purpose of paying the interest upon

9 and the principal, whether due at maturity or upon sinking

10 fund installment dates, of such bonds.

11  Said bonds shall be issued in the corporate name of the

12 school district. They shall be signed by the president and

13 secretary of said board. They shall be sold upon such terms as

14 may be approved by the board after advertisement for bids as

15 ordered by and under the direction of the board, and the

16 proceeds thereof shall be received by the city treasurer, as

17 school treasurer, and expended by the board for the purposes

18 provided in the bond resolution.

19  Before or at the time of issuing any bonds authorized in

20 this Section, the board shall, by resolution, provide for the

21 levy and collection of a direct annual tax upon all the taxable

22 property of such school district sufficient to pay and

23 discharge the principal thereof at maturity, or upon sinking

24 fund installment dates, and to pay the interest thereon as it

25 falls due. Such tax shall be levied and collected in like

26 manner with the other taxes of such school district and shall
    SB2394 Enrolled  - 1606 - LRB104 09208 AMC 19265 b

 1 be in addition to and exclusive of the maximum of all other
 2 taxes which such board is now, or may hereafter be, authorized
 3 by law to levy for any and all school purposes. Upon the filing
 4 in the office of the county clerk of the county wherein such
 5 school district is located of a duly certified copy of any such
 6 resolution, it shall be the duty of such county clerk to extend
 7 the tax therein provided for, including an amount to cover
 8 loss and cost of collecting said taxes and also deferred
 9 collections thereof and abatements in the amounts of such
10 taxes as extended upon the collector's books. The resolution
11 shall be in force upon its passage.
12 (Source: P.A. 86-930; revised 7-17-24.)

13  (105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502)

14  Sec. 34A-502. Terms of Bonds.

15  (a) Whenever the Authority desires or is required to issue

16 Bonds as provided in this Article, it shall adopt a resolution

17 designating the amount of the Bonds to be issued, the purposes

18 for which the proceeds of the Bonds are to be used and the

19 manner in which such proceeds shall be held pending the

20 application thereof. The Bonds shall be issued in the

21 corporate name of the Authority, shall bear such date or

22 dates, and shall mature at such time or times not exceeding 30

23 years from their date as such resolution may provide;

24 provided, however, that Bonds issued on or after July 1, 1993

25 shall mature on or before June 1, 2009. The Bonds may be issued
    SB2394 Enrolled  - 1607 - LRB104 09208 AMC 19265 b

1 as serial bonds payable in installments or as term bonds with

2 sinking fund installments or as a combination thereof as the

3 Authority may determine in such resolution. The Bonds shall be

4 in such denominations of $1,000 or integral multiples thereof.

5 The Bonds shall be in such form, either coupon or registered,

6 carry such registration privileges, be executed in such

7 manner, be payable at such place or places, and be subject to

8 such terms of redemption at such redemption prices, including

9 premium, as such resolution may provide. The Bonds shall be

10 sold by the Authority at public sale. The Bonds shall be sold

11 to the highest and best bidders upon sealed bids. The

12 Authority shall, from time to time as Bonds are to be sold,

13 advertise in at least 2 daily newspapers, one of which is

14 published in the City of Springfield and one in the City of

15 Chicago, for proposals to purchase Bonds. Each of such

16 advertisements for proposals shall be published at least 10

17 ten days prior to the date of the opening of the bids. The

18 Authority may reserve the right to reject any and all bids.

19  (b) Bonds issued prior to December 31, 1980 shall bear

20 interest at such rate or rates and at such price or prices as

21 the Authority may approve in the resolution authorizing the

22 issuance of Bonds. Bonds issued after December 31, 1980 shall

23 bear interest at a rate or rates not to exceed the maximum

24 annual rate provided for in Section 2 of the Bond

25 Authorization Act "An Act to authorize public corporations to

26 issue bonds, other evidences of indebtedness and tax
    SB2394 Enrolled  - 1608 - LRB104 09208 AMC 19265 b

1 anticipation warrants subject to interest rate limitations set

2 forth therein", approved May 26, 1970, as amended, and, if

3 issued at such maximum annual rate, shall be sold for not less

4 than par and accrued interest. If any of the Bonds are issued

5 to bear interest at a rate of less than such maximum annual

6 rate the minimum price at which they may be sold shall be such

7 that the interest cost to the Authority on the proceeds of the

8 Bonds shall not exceed such maximum annual rate computed to

9 stated maturity according to standard tables of bond values.

10  (c) In connection with the issuance of its Bonds, the

11 Authority may enter into arrangements to provide additional

12 security and liquidity for the Bonds. These may include,

13 without limitation, municipal bond insurance, letters of

14 credit, lines of credit by which the Authority may borrow

15 funds to pay or redeem its Bonds, and purchase or remarketing

16 arrangements for assuring the ability of owners of the

17 Authority's Bonds to sell or to have redeemed their Bonds. The

18 Authority may enter into contracts and may agree to pay fees to

19 persons providing such arrangements, including from Bond

20 proceeds but only under circumstances in which the total

21 interest paid or to be paid on the Bonds, together with the

22 fees for the arrangements (being treated as if interest),

23 would not, taken together, cause the Bonds to bear interest,

24 calculated to their absolute maturity, at a rate in excess of

25 the maximum rate allowed by law.

26  The resolution of the Authority authorizing the issuance
    SB2394 Enrolled       - 1609 - LRB104 09208 AMC 19265 b

 1 of its Bonds may provide that interest rates may vary from time
 2 to time depending upon criteria established by the Authority,
 3 which may include, without limitation, a variation in interest
 4 rates as may be necessary to cause Bonds to be remarketable
 5 from time to time at a price equal to their principal amount,
 6 and may provide for appointment of a national banking
 7 association, bank, trust company, investment banker, or other
 8 financial institution to serve as a remarketing agent in that
 9 connection. The resolution of the Authority authorizing the
10 issuance of its Bonds may provide that alternative interest
11 rates or provisions will apply during such times as the Bonds
12 are held by a person providing a letter of credit or other
13 credit enhancement arrangement for those Bonds.
14 (Source: P.A. 88-511; revised 7-17-24.)

15  Section 620. The Critical Health Problems and

16 Comprehensive Health Education Act is amended by changing

17 Section 3 as follows:

18  (105 ILCS 110/3)

19  Sec. 3. Comprehensive Health Education Program.

20  (a) The program established under this Act shall include,

21 but not be limited to, the following major educational areas

22 as a basis for curricula in all elementary and secondary

23 schools in this State: human ecology and health; human growth

24 and development; the emotional, psychological, physiological,
SB2394 Enrolled  - 1610 - LRB104 09208 AMC 19265 b

 1 hygienic, and social responsibilities of family life,
 2 including sexual abstinence until marriage; the prevention and
 3 control of disease, including instruction in grades 6 through
 4 12 on the prevention, transmission, and spread of AIDS;
 5 age-appropriate sexual abuse and assault awareness and
 6 prevention education in grades pre-kindergarten through 12;
 7 public and environmental health; consumer health; safety
 8 education and disaster preparedness; mental health and
 9 illness; personal health habits; alcohol and drug use and
10 abuse, including the use and abuse of fentanyl, and the
11 medical and legal ramifications of alcohol, drug, and tobacco
12 use; abuse during pregnancy; evidence-based and medically
13 accurate information regarding sexual abstinence; tobacco and
14 e-cigarettes and other vapor devices; nutrition; and dental
15 health. The instruction on mental health and illness must
16 evaluate the multiple dimensions of health by reviewing the
17 relationship between physical and mental health to enhance
18 student understanding, attitudes, and behaviors that promote
19 health, well-being, and human dignity and must include how and
20 where to find mental health resources and specialized
21 treatment in the State. The program shall also provide course
22 material and instruction to advise pupils of the Abandoned
23 Newborn Infant Protection Act. The program shall include
24 information about cancer, including, without limitation, types
25 of cancer, signs and symptoms, risk factors, the importance of
26 early prevention and detection, and information on where to go
    SB2394 Enrolled  - 1611 - LRB104 09208 AMC 19265 b

1 for help. Notwithstanding the above educational areas, the

2 following areas may also be included as a basis for curricula

3 in all elementary and secondary schools in this State: basic

4 first aid (including, but not limited to, cardiopulmonary

5 resuscitation and the Heimlich maneuver), heart disease,

6 diabetes, stroke, the prevention of child abuse, neglect, and

7 suicide, and teen dating violence in grades 7 through 12.

8 Beginning with the 2014-2015 school year, training on how to

9 properly administer cardiopulmonary resuscitation (which

10 training must be in accordance with standards of the American

11 Red Cross, the American Heart Association, or another

12 nationally recognized certifying organization) and how to use

13 an automated external defibrillator shall be included as a

14 basis for curricula in all secondary schools in this State.

15  (b) Beginning with the 2024-2025 school year in grades 9

16 through 12, the program shall include instruction, study, and

17 discussion on the dangers of allergies. Information for the

18 instruction, study, and discussion shall come from information

19 provided by the Department of Public Health and the federal

20 Centers for Disease Control and Prevention. This instruction,

21 study, and discussion shall include, at a minimum:

22  (1) recognizing the signs and symptoms of an allergic

23  reaction, including anaphylaxis;

24  (2) the steps to take to prevent exposure to

25  allergens; and

26  (3) safe emergency epinephrine administration.
   SB2394 Enrolled  - 1612 - LRB104 09208 AMC 19265 b

1  (c) No later than 30 days after the first day of each

2 school year, the school board of each public elementary and

3 secondary school in the State shall provide all teachers,

4 administrators, and other school personnel, as determined by

5 school officials, with information regarding emergency

6 procedures and life-saving techniques, including, without

7 limitation, the Heimlich maneuver, hands-only cardiopulmonary

8 resuscitation, and use of the school district's automated

9 external defibrillator. The information shall be in accordance

10 with standards of the American Red Cross, the American Heart

11 Association, or another nationally recognized certifying

12 organization. A school board may use the services of

13 non-governmental entities whose personnel have expertise in

14 life-saving techniques to instruct teachers, administrators,

15 and other school personnel in these techniques. Each school

16 board is encouraged to have in its employ, or on its volunteer

17 staff, at least one person who is certified, by the American

18 Red Cross or by another qualified certifying agency, as

19 qualified to administer first aid and cardiopulmonary

20 resuscitation. In addition, each school board is authorized to

21 allocate appropriate portions of its institute or inservice

22 days to conduct training programs for teachers and other

23 school personnel who have expressed an interest in becoming

24 certified to administer emergency first aid or cardiopulmonary

25 resuscitation. School boards are urged to encourage their

26 teachers and other school personnel who coach school athletic
    SB2394 Enrolled  - 1613 - LRB104 09208 AMC 19265 b

1 programs and other extracurricular school activities to

2 acquire, develop, and maintain the knowledge and skills

3 necessary to properly administer first aid and cardiopulmonary

4 resuscitation in accordance with standards and requirements

5 established by the American Red Cross or another qualified

6 certifying agency. Subject to appropriation, the State Board

7 of Education shall establish and administer a matching grant

8 program to pay for half of the cost that a school district

9 incurs in training those teachers and other school personnel

10 who express an interest in becoming qualified to administer

11 first aid or cardiopulmonary resuscitation (which training

12 must be in accordance with standards of the American Red

13 Cross, the American Heart Association, or another nationally

14 recognized certifying organization). A school district that

15 applies for a grant must demonstrate that it has funds to pay

16 half of the cost of the training for which matching grant money

17 is sought. The State Board of Education shall award the grants

18 on a first-come, first-serve basis.

19  (d) No pupil shall be required to take or participate in

20 any class or course on AIDS or family life instruction or to

21 receive training on how to properly administer cardiopulmonary

22 resuscitation or how to use an automated external

23 defibrillator if his or her parent or guardian submits written

24 objection thereto, and refusal to take or participate in the

25 course or program or the training shall not be reason for

26 suspension or expulsion of the pupil.
    SB2394 Enrolled  - 1614 - LRB104 09208 AMC 19265 b

1   (e) Curricula developed under programs established in

2 accordance with this Act in the major educational area of

3 alcohol and drug use and abuse shall include classroom

4 instruction in grades 5 through 12, shall be age and

5 developmentally appropriate, and may include the information

6 contained in the Substance Use Prevention and Recovery

7 Instruction Resource Guide under Section 22-81 of the School

8 Code, as applicable. The instruction, which shall include

9 matters relating to both the physical and legal effects and

10 ramifications of drug and substance abuse, shall be integrated

11 into existing curricula; and the State Board of Education

12 shall determine how to develop and make available to all

13 elementary and secondary schools in this State instructional

14 materials and guidelines that will assist the schools in

15 incorporating the instruction into their existing curricula.

16 In addition, school districts may offer, as part of existing

17 curricula during the school day or as part of an after-school

18 program, support services and instruction for pupils or pupils

19 whose parent, parents, or guardians are chemically dependent.

20  Beginning with the 2024-2025 school year, the program

21 shall include instruction, study, and discussion on the

22 dangers of fentanyl in grades 6 through 12. Information for

23 the instruction, study, and discussion on the dangers of

24 fentanyl shall be age and developmentally appropriate and may

25 include information contained in the Substance Use Prevention

26 and Recovery Instruction Resource Guide under Section 22-81 of
    SB2394 Enrolled  - 1615 - LRB104 09208 AMC 19265 b

1 the School Code, as applicable. The instruction, study, and

2 discussion on the dangers of fentanyl in grades 9 through 12

3 shall include, at a minimum, all of the following:

4   (1) Information on fentanyl itself, including an

5   explanation of the differences between synthetic and

6   nonsynthetic opioids and illicit drugs, the variations of

7   fentanyl itself, and the differences between the legal and

8   illegal uses of fentanyl.

9   (2) The side effects and the risk factors of using

10  fentanyl, along with information comparing the lethal

11  amounts of fentanyl to other drugs. Information on the

12  risk factors may include, but is not limited to:

13  (A) the lethal dose of fentanyl;

14  (B) how often fentanyl is placed in drugs without

15  a person's knowledge;

16  (C) an explanation of what fentanyl does to a

17  person's body and the severity of fentanyl's addictive

18  properties; and

19  (D) how the consumption of fentanyl can lead to

20  hypoxia, as well as an explanation of what hypoxia

21  precisely does to a person's body.

22  (3) Details about the process of lacing fentanyl in

23  other drugs and why drugs get laced with fentanyl.

24  (4) Details about how to detect fentanyl in drugs and

25  how to save someone from an overdose of fentanyl, which

26  shall include:
    SB2394 Enrolled  - 1616 - LRB104 09208 AMC 19265 b

1              (A) how to buy and use fentanyl test strips;

2              (B) how to buy and use naloxone, either through a

3   nasal spray or an injection; and

4              (C) how to detect if someone is overdosing on

5   fentanyl.

6 Students in grades 9 through 12 shall be assessed on the

7 instruction, study, and discussion on the dangers of fentanyl.

8 The assessment may include, but is not limited to:

9   (i) the differences between synthetic and nonsynthetic

10  drugs;

11  (ii) hypoxia;

12  (iii) the effects of fentanyl on a person's body;

13  (iv) the lethal dose of fentanyl; and

14  (v) how to detect and prevent overdoses.

15 The instruction, study, and discussion on the dangers of

16 fentanyl may be taught by a licensed educator, school nurse,

17 school social worker, law enforcement officer, or school

18 counselor.

19 (Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;

20 102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.

21 1-1-24; 103-605, eff. 7-1-24; 103-608, eff. 1-1-25; 103-810,

22 eff. 8-9-24; revised 11-26-24.)

23  Section 625. The School Construction Law is amended by

24 changing Section 5-300 as follows:
    SB2394 Enrolled       - 1617 - LRB104 09208 AMC 19265 b

1   (105 ILCS 230/5-300)

2   (Section scheduled to be repealed on July 1, 2026)

3   Sec. 5-300. Early childhood construction grants.

4   (a) The Capital Development Board is authorized to make

5 grants to public school districts and not-for-profit entities

6 for early childhood construction projects. These grants shall

7 be paid out of moneys appropriated for that purpose from the

8 School Construction Fund, the Build Illinois Bond Fund, or the

9 Rebuild Illinois Projects Fund. No grants may be awarded to

10 entities providing services within private residences. A

11 not-for-profit early childhood entity that rents or leases

12 from another not-for-profit entity shall be considered an

13 eligible entity under this Section.

14  A public school district or other eligible entity must

15 provide local matching funds in the following manner:

16  (1) A public school district assigned to Tier 1 under

17  Section 18-8.15 of the School Code or any other eligible

18  entity in an area encompassed by that district must

19  provide local matching funds in an amount equal to 3% of

20  the grant awarded under this Section.

21  (2) A public school district assigned to Tier 2 under

22  Section 18-8.15 of the School Code or any other eligible

23  entity in an area encompassed by that district must

24  provide local matching funds in an amount equal to 7.5% of

25  the grant awarded under this Section.

26  (3) A public school district assigned to Tier 3 under
    SB2394 Enrolled         - 1618 - LRB104 09208 AMC 19265 b

1   Section 18-8.15 of the School Code or any other eligible

2   entity in an area encompassed by that district must

3   provide local matching funds in an amount equal to 8.75%

4   of the grant awarded under this Section.

5   (4) A public school district assigned to Tier 4 under

6   Section 18-8.15 of the School Code or any other eligible

7   entity in an area encompassed by that district must

8   provide local matching funds in an amount equal to 10% of

9   the grant awarded under this Section.

10  A public school district or other eligible entity has no

11 entitlement to a grant under this Section.

12  (b) The Capital Development Board shall adopt rules to

13 implement this Section. These rules need not be the same as the

14 rules for school construction project grants or school

15 maintenance project grants. The rules may specify:

16  (1) the manner of applying for grants;

17  (2) project eligibility requirements;

18  (3) restrictions on the use of grant moneys;

19  (4) the manner in which school districts and other

20  eligible entities must account for the use of grant

21  moneys;

22  (5) requirements that new or improved facilities be

23  used for early childhood and other related programs for a

24  period of at least 10 years;

25  (5.5) additional eligibility requirements for each

26  type of applicant; and
    SB2394 Enrolled     - 1619 - LRB104 09208 AMC 19265 b

1   (6) any other provision that the Capital Development

2   Board determines to be necessary or useful for the

3   administration of this Section.

4   (b-5) When grants are made to non-profit corporations for

5 the acquisition or construction of new facilities, the Capital

6 Development Board or any State agency it so designates shall

7 hold title to or place a lien on the facility for a period of

8 10 years after the date of the grant award, after which title

9 to the facility shall be transferred to the non-profit

10 corporation or the lien shall be removed, provided that the

11 non-profit corporation has complied with the terms of its

12 grant agreement. When grants are made to non-profit

13 corporations for the purpose of renovation or rehabilitation,

14 if the non-profit corporation does not comply with item (5) of

15 subsection (b) of this Section, the Capital Development Board

16 or any State agency it so designates shall recover the grant

17 pursuant to the procedures outlined in the Illinois Grant

18 Funds Recovery Act.

19  (c) The Capital Development Board, in consultation with

20 the State Board of Education, shall establish standards for

21 the determination of priority needs concerning early childhood

22 projects based on projects located in communities in the State

23 with the greatest underserved population of young children,

24 utilizing Census data and other reliable local early childhood

25 service data.

26  (d) In each school year in which early childhood
    SB2394 Enrolled   - 1620 - LRB104 09208 AMC 19265 b

1 construction project grants are awarded, 20% of the total

2 amount awarded shall be awarded to a school district with a

3 population of more than 500,000, provided that the school

4 district complies with the requirements of this Section and

5 the rules adopted under this Section.

6   (e) This Section is repealed on July 1, 2026.

7 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23;

8 103-594, eff. 6-25-24; 103-759, eff. 8-2-24; revised 8-12-24.)

9   Section 630. The Early Childhood Access Consortium for

10 Equity Act is amended by changing Section 25 as follows:

11  (110 ILCS 28/25)

12  Sec. 25. Advisory committee; membership.

13  (a) The Board of Higher Education, the Illinois Community

14 College Board, the State Board of Education, the Department of

15 Human Services, and the Department of Early Childhood shall

16 jointly convene a Consortium advisory committee to provide

17 guidance on the operation of the Consortium.

18  (b) Membership on the advisory committee shall be

19 comprised of employers and experts appointed by the Board of

20 Higher Education, the Illinois Community College Board, the

21 Department of Early Childhood, the Department of Human

22 Services, and the State Board of Education. Membership shall

23 also include all of the following members:

24  (1) An employer from a community-based child care
    SB2394 Enrolled  - 1621 - LRB104 09208 AMC 19265 b

1   provider, appointed by the Department of Human Services.

2   (2) An employer from a for-profit child care provider,

3   appointed by the Department of Human Services.

4   (3) An employer from a nonprofit child care provider,

5   appointed by the Department of Human Services.

6   (4) A provider of family child care, appointed by the

7   Department of Human Services.

8   (5) An employer located in southern Illinois,

9   appointed by the Department of Early Childhood.

10  (6) An employer located in central Illinois, appointed

11  by the Department of Early Childhood.

12  (7) At least one member who represents an urban school

13  district, appointed by the State Board of Education.

14  (8) At least one member who represents a suburban

15  school district, appointed by the State Board of

16  Education.

17  (9) At least one member who represents a rural school

18  district, appointed by the State Board of Education.

19  (10) At least one member who represents a school

20  district in a city with a population of 500,000 or more,

21  appointed by the State Board of Education.

22  (11) Two early childhood advocates with statewide

23  expertise in early childhood workforce issues, appointed

24  by the Department of Early Childhood.

25  (12) The Chairperson or Vice-Chairperson and the

26  Minority Spokesperson or a designee of the Senate
    SB2394 Enrolled         - 1622 - LRB104 09208 AMC 19265 b

1   Committee on Higher Education.

2   (13) The Chairperson or Vice-Chairperson and the

3   Minority Spokesperson or a designee of the House Committee

4   on Higher Education.

5   (14) One member representing the Illinois Community

6   College Board, who shall serve as co-chairperson,

7   appointed by the Illinois Community College Board.

8   (15) One member representing the Board of Higher

9   Education, who shall serve as co-chairperson, appointed by

10  the Board of Higher Education.

11  (16) One member representing the Illinois Student

12  Assistance Commission, appointed by the Illinois Student

13  Assistance Commission.

14  (17) One member representing the State Board of

15  Education, who shall serve as co-chairperson, appointed by

16  the State Board of Education.

17  (18) One member representing the Department of Early

18  Childhood, who shall serve as co-chairperson, appointed by

19  the Department of Early Childhood.

20  (19) One member representing the Department of Human

21  Services, who shall serve as co-chairperson, appointed by

22  the Department of Human Services.

23  (20) One member representing INCCRRA, appointed by the

24  Department of Early Childhood.

25  (21) One member representing the Department of

26  Children and Family Services, appointed by the Department
    SB2394 Enrolled    - 1623 - LRB104 09208 AMC 19265 b

1   of Children and Family Services.

2   (22) One member representing an organization that

3   advocates on behalf of community college trustees,

4   appointed by the Illinois Community College Board.

5   (23) One member of a union representing child care and

6   early childhood providers, appointed by the Department of

7   Human Services.

8   (24) Two members of unions representing higher

9   education faculty, appointed by the Board of Higher

10  Education.

11  (25) A representative from the College of Education of

12  an urban public university, appointed by the Board of

13  Higher Education.

14  (26) A representative from the College of Education of

15  a suburban public university, appointed by the Board of

16  Higher Education.

17  (27) A representative from the College of Education of

18  a rural public university, appointed by the Board of

19  Higher Education.

20  (28) A representative from the College of Education of

21  a private university, appointed by the Board of Higher

22  Education.

23  (29) A representative of an urban community college,

24  appointed by the Illinois Community College Board.

25  (30) A representative of a suburban community college,

26  appointed by the Illinois Community College Board.
    SB2394 Enrolled           - 1624 - LRB104 09208 AMC 19265 b

1   (31) A representative of a rural community college,

2   appointed by the Illinois Community College Board.

3   (c) The advisory committee shall meet at least twice a

4 year. The committee meetings shall be open to the public in

5 accordance with the provisions of the Open Meetings Act.

6   (d) Except for the co-chairpersons of the advisory

7 committee, the initial terms for advisory committee members

8 after June 5, 2024 (the effective date of Public Act 103-588)

9 this amendatory Act of the 103rd General Assembly shall be set

10 by lottery at the first meeting after June 5, 2024 (the

11 effective date of Public Act 103-588) this amendatory Act of

12 the 103rd General Assembly as follows:

13  (1) One-third of members shall serve a one-year 1-year

14  term.

15  (2) One-third of members shall serve a 2-year term.

16  (3) One-third of members shall serve a 3-year term.

17  (e) The initial term of co-chairpersons of the advisory

18 committee shall be for 3 years.

19  (f) After the initial term, each subsequent term for the

20 members of the advisory committee shall be for 3 years or until

21 a successor is appointed.

22  (g) The members of the advisory committee shall serve

23 without compensation, but shall be entitled to reimbursement

24 for all necessary expenses incurred in the performance of

25 their official duties as members of the advisory committee

26 from funds appropriated for that purpose.
    SB2394 Enrolled        - 1625 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 102-174, eff. 7-28-21; 103-588, eff. 6-5-24;
2 103-594, eff. 6-25-24; revised 7-25-24.)

3   Section 635. The Postsecondary and Workforce Readiness Act

4 is amended by changing Section 85 as follows:

5   (110 ILCS 148/85)

6   Sec. 85. Statewide planning and supports for College and

7 Career Pathway Endorsement programs.

8   (a) By no later than June 30, 2017, the IPIC Agencies shall

9 develop and adopt a comprehensive interagency plan for

10 supporting the development of College and Career Pathway

11 Endorsement programs throughout the State. Thereafter, the

12 plan shall be re-assessed and updated at least once every 5

13 years. The plan shall:

14  (1) designate priority, State-level industry sectors

15  consistent with those identified through federal and State

16  workforce and economic development planning processes;

17  (2) articulate a strategy for supporting College and

18  Career Pathway Endorsement programs that includes State

19  and federal funding, business and philanthropic

20  investments, and local investments;

21  (3) consider the need for school districts and

22  postsecondary institutions to phase in endorsement

23  programs and the elements specified in subsection (d) of

24  Section 80 of this Act over multiple years; and
    SB2394 Enrolled            - 1626 - LRB104 09208 AMC 19265 b

1   (4) address how College and Career Pathway Endorsement

2   programs articulate to postsecondary institution degree

3   programs.

4   (b) In accordance with the interagency plan developed

5 pursuant to subsection (a) of this Section and within the

6 limits of available public and private resources, the IPIC

7 Agencies shall establish a public-private steering committee

8 for each priority State-level industry sector that includes

9 representatives from one or more business-led, sector-based

10 partnerships. By no later than June 30, 2018, each steering

11 committee shall recommend to the IPIC Agencies a sequence of

12 minimum career competencies for particular occupational

13 pathways within that sector that students should attain by

14 high school graduation as part of a College and Career Pathway

15 Endorsement program. The IPIC Agencies shall establish methods

16 to recognize and incentivize College and Career Pathway

17 Endorsement programs that:

18  (1) address a priority State-level industry sector;

19  (2) are developed jointly by school districts,

20  community colleges, Local Workforce Development Boards,

21  and employers; and

22  (3) align to sequences of minimum career competencies

23  defined pursuant to this subsection (b), with any regional

24  modifications appropriate for local economic development

25  objectives.

26  (c) In accordance with the interagency plan developed
    SB2394 Enrolled        - 1627 - LRB104 09208 AMC 19265 b

1 pursuant to subsection (a) of this Section and within the

2 limits of available public and private resources, the IPIC

3 Agencies shall provide all of the following supports for

4 College and Career Pathway Endorsement programs program:

5   (1) Provide guidance documents for implementation of

6   each of the various elements of College and Career Pathway

7   Endorsement programs.

8   (2) Provide or designate one or more web-based tools

9   to support College and Career Pathway Endorsement

10  programs, including a professional learning portfolio,

11  Professional Skills Assessment, and mentoring platform.

12  (3) Make available a statewide insurance policy for

13  appropriate types of Supervised Career Development

14  Experiences.

15  (4) Provide or designate one or more model

16  instructional units that provide an orientation to all

17  career cluster areas.

18  (5) Coordinate with business-led, sector-based

19  partnerships to:

20  (A) designate available curricular and

21  instructional resources that school districts can

22  voluntarily select to address requirements for College

23  and Career Pathway Endorsement programs;

24  (B)              designate  stackable     industry-based

25  certifications, the completion of which demonstrates

26  mastery of specific career competencies and that are
    SB2394 Enrolled  - 1628 - LRB104 09208 AMC 19265 b

1   widely valued by employers within a particular sector;

2               (C) deliver or support sector-oriented

3   professional development, Career Exploration

4   Activities, Intensive Career Exploration Experiences,

5   Team-based Challenges, and Supervised Career

6   Development Experiences; and

7               (D) develop recognition and incentives for school

8   districts implementing and students attaining College

9   and Career Pathway Endorsements that align to the

10  sequence of minimum career competencies defined

11  pursuant to subsection (b) of this Section.

12  (d) To support articulation of College and Career Pathway

13 Endorsement programs into higher education, by no later than

14 June 30, 2018, the ICCB and IBHE shall jointly adopt, in

15 consultation with postsecondary institutions, requirements for

16 postsecondary institutions to define first-year course

17 schedules and degree programs with Endorsement areas to

18 support the successful transition of Endorsement recipients

19 into related degree programs. These requirements shall take

20 effect in the 2020-2021 school year.

21 (Source: P.A. 99-674, eff. 7-29-16; revised 7-19-24.)

22  Section 640. The Public Higher Education Act is amended by

23 setting forth and renumbering multiple versions of Section 15

24 as follows:
    SB2394 Enrolled       - 1629 - LRB104 09208 AMC 19265 b

1   (110 ILCS 167/15)

2   Sec. 15. National Guard and reservist classwork policy.

3 The governing board of each public institution of higher

4 education shall adopt a policy to allow a student who is a

5 member of the National Guard of any state, the District of

6 Columbia, a commonwealth, or a territory of the United States

7 or any reserve component of the Armed Forces of the United

8 States to submit classwork and complete any other class

9 assignments missed due to the student participating in a drill

10 or other military obligation required as a member of the

11 National Guard or the reserve component.

12 (Source: P.A. 103-871, eff. 1-1-25.)

13  (110 ILCS 167/16)

14  Sec. 16 15. Admission based on legacy status or donor

15 relation prohibited.

16  (a) In this Section:

17  "Alumnus" means a graduate of a public institution of

18 higher education.

19  "Familial relationship" means an individual's father,

20 mother, son, daughter, brother, sister, uncle, aunt,

21 great-aunt, great-uncle, first cousin, nephew, niece, husband,

22 wife, grandfather, grandmother, grandson, granddaughter,

23 father-in-law, mother-in-law, son-in-law, daughter-in-law,

24 brother-in-law, sister-in-law, stepfather, stepmother,

25 stepson, stepdaughter, stepbrother, stepsister, half brother,
    SB2394 Enrolled    - 1630 - LRB104 09208 AMC 19265 b

1 or half sister; the father, mother, grandfather, or

2 grandmother of the individual's spouse; or the individual's

3 fiance or fiancee.

4   "Legacy status" means the familial relationship of an

5 individual applying for admission to a public institution of

6 higher education to an alumnus or former or current attendee

7 of the public institution of higher education.

8   (b) In determining admission to a public institution of

9 higher education, the public institution of higher education

10 may not consider an applicant's legacy status or the

11 applicant's familial relationship to any past, current, or

12 prospective donor of something of value to the public

13 institution of higher education as a factor in admitting the

14 applicant.

15 (Source: P.A. 103-877, eff. 8-9-24; revised 9-20-24.)

16  (110 ILCS 167/17)

17  Sec. 17 15. Transcript evaluation fee waivers.

18  (a) In this Section, "refugee" means a person who has

19 entered the United States on a refugee status from Iraq or

20 Afghanistan.

21  (b) Beginning January 1, 2025, each public institution of

22 higher education shall pay on behalf of a refugee or reimburse

23 a refugee for payment of any transcript evaluation fees that

24 are required by the public institution of higher education to

25 be paid during the admission process.
    SB2394 Enrolled  - 1631 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-913, eff. 8-9-24; revised 9-20-24.)

2   Section 645. The Board of Higher Education Act is amended

3 by changing Section 8 as follows:

4   (110 ILCS 205/8) (from Ch. 144, par. 188)

5   Sec. 8. The Board of Trustees of the University of

6 Illinois, the Board of Trustees of Southern Illinois

7 University, the Board of Trustees of Chicago State University,

8 the Board of Trustees of Eastern Illinois University, the

9 Board of Trustees of Governors State University, the Board of

10 Trustees of Illinois State University, the Board of Trustees

11 of Northeastern Illinois University, the Board of Trustees of

12 Northern Illinois University, and the Board of Trustees of

13 Western Illinois University shall submit to the Board not

14 later than the 15th day of November of each year their its

15 budget proposals for the operation and capital needs of the

16 institutions under their its governance or supervision for the

17 ensuing fiscal year. The Illinois Community College Board

18 shall submit to the Board by December 15 of each year its

19 budget proposal for the operation and capital needs of the

20 institutions under its governance or supervision for the

21 ensuing fiscal year. Each budget proposal shall conform to the

22 procedures developed by the Board in the design of an

23 information system for State universities and colleges.

24  In order to maintain a cohesive system of higher
    SB2394 Enrolled       - 1632 - LRB104 09208 AMC 19265 b

1 education, the Board and its staff shall communicate on a

2 regular basis with all public university presidents. They

3 shall meet at least semiannually to achieve economies of scale

4 where possible and provide the most innovative and efficient

5 programs and services.

6   The Board, in the analysis of formulating the annual

7 budget request, shall consider rates of tuition and fees and

8 undergraduate tuition and fee waiver programs at the State

9 universities and colleges. The Board shall also consider the

10 current and projected utilization of the total physical plant

11 of each campus of a university or college in approving the

12 capital budget for any new building or facility.

13  The Board of Higher Education shall submit to the

14 Governor, to the General Assembly, and to the appropriate

15 budget agencies of the Governor and General Assembly its

16 analysis and recommendations on such budget proposals.

17  The Board is directed to form a broad-based group of

18 individuals representing the Office of the Governor, the

19 General Assembly, public institutions of higher education,

20 State agencies, business and industry, statewide organizations

21 representing faculty and staff, and others as the Board shall

22 deem appropriate to devise a system for allocating State

23 resources to public institutions of higher education based

24 upon performance in achieving State goals related to student

25 success and certificate and degree completion.

26  Beginning in Fiscal Year 2013, the Board of Higher
    SB2394 Enrolled    - 1633 - LRB104 09208 AMC 19265 b

1 Education budget recommendations to the Governor and the

2 General Assembly shall include allocations to public

3 institutions of higher education based upon performance

4 metrics designed to promote and measure student success in

5 degree and certificate completion. Public university metrics

6 must be adopted by the Board by rule, and public community

7 college metrics must be adopted by the Illinois Community

8 College Board by rule. These metrics must be developed and

9 promulgated in accordance with the following principles:

10  (1) The metrics must be developed in consultation with

11  public institutions of higher education, as well as other

12  State educational agencies and other higher education

13  organizations, associations, interests, and stakeholders

14  as deemed appropriate by the Board.

15  (2) The metrics shall include provisions for

16  recognizing the demands on and rewarding the performance

17  of institutions in advancing the success of students who

18  are academically or financially at risk, including

19  first-generation students, low-income students, and

20  students traditionally underrepresented in higher

21  education, as specified in Section 9.16 of this Act.

22  (3) The metrics shall recognize and account for the

23  differentiated missions of institutions and sectors of

24  higher education.

25  (4) The metrics shall focus on the fundamental goal of

26  increasing completion of college courses, certificates,
    SB2394 Enrolled   - 1634 - LRB104 09208 AMC 19265 b

1   and degrees. Performance metrics shall recognize the

2   unique and broad mission of public community colleges

3   through consideration of additional factors, including,

4   but not limited to, enrollment, progress through key

5   academic milestones, transfer to a baccalaureate

6   institution, and degree completion.

7   (5) The metrics must be designed to maintain the

8   quality of degrees, certificates, courses, and programs.

9 In devising performance metrics, the Board may be guided by

10 the report of the Higher Education Finance Study Commission.

11  Each State university must submit its plan for capital

12 improvements of non-instructional facilities to the Board for

13 approval before final commitments are made if the total cost

14 of the project as approved by the institution's board of

15 control is in excess of $2 million. Non-instructional uses

16 shall include, but not be limited to, dormitories, union

17 buildings, field houses, stadium, other recreational

18 facilities, and parking lots. The Board shall determine

19 whether or not any project submitted for approval is

20 consistent with the strategic plan for higher education and

21 with instructional buildings that are provided for therein. If

22 the project is found by a majority of the Board not to be

23 consistent, such capital improvement shall not be constructed.

24 (Source: P.A. 102-1046, eff. 6-7-22; 103-940, eff. 8-9-24;

25 revised 8-23-24.)
    SB2394 Enrolled          - 1635 - LRB104 09208 AMC 19265 b

1   Section 650. The University of Illinois Act is amended by

2 changing Section 90 and by setting forth and renumbering

3 multiple versions of Section 180 as follows:

4   (110 ILCS 305/90)

5   Sec. 90. Employment contract limitations. This Section

6 applies to the employment contracts of the president or all

7 chancellors of the University entered into, amended, renewed,

8 or extended after January 1, 2017 (the effective date of

9 Public Act 99-694) this amendatory Act of the 99th General

10 Assembly. This Section does not apply to collective bargaining

11 agreements. With respect to employment contracts entered into

12 with the president or all chancellors of the University:

13  (1) Severance under the contract may not exceed one

14  year's year salary and applicable benefits.

15  (2) A contract with a determinate start and end date

16  may not exceed 4 years.

17  (3) The contract may not include any automatic

18  rollover clauses.

19  (4) Severance payments or contract buyouts may be

20  placed in an escrow account if there are pending criminal

21  charges against the president or all chancellors of the

22  University related to their employment.

23  (5) Final action on the formation, renewal, extension,

24  or termination of the employment contracts of the

25  president or all chancellors of the University must be
    SB2394 Enrolled     - 1636 - LRB104 09208 AMC 19265 b

1   made during an open meeting of the Board of Trustees.

2   (6) Public notice, compliant with the provisions of

3   the Open Meetings Act, must be given prior to final action

4   on the formation, renewal, extension, or termination of

5   the employment contracts of the president or all

6   chancellors of the University and must include a copy of

7   the Board item or other documentation providing, at a

8   minimum, a description of the proposed principal financial

9   components of the president's or all chancellors'

10  appointments.

11  (7) Any performance-based bonus or incentive-based

12  compensation to the president or all chancellors of the

13  University must be approved by the Board in an open

14  meeting. The performance upon which the bonus is based

15  must be made available to the public no less than 48 hours

16  before Board approval of the performance-based bonus or

17  incentive-based compensation.

18  (8) Board minutes, board packets, and annual

19  performance reviews concerning the president or all

20  chancellors of the University must be made available to

21  the public on the University's Internet website.

22 (Source: P.A. 99-694, eff. 1-1-17; revised 7-17-24.)

23  (110 ILCS 305/180)

24  Sec. 180. Innovation center. The Board of Trustees,

25 directly or in cooperation with the University of Illinois at
SB2394 Enrolled  - 1637 - LRB104 09208 AMC 19265 b

 1 Springfield Innovation Center partners, which shall consist of
 2 other institutions of higher education, not-for-profit
 3 organizations, businesses, and local governments, may finance,
 4 design, construct, enlarge, improve, equip, complete, operate,
 5 control, and manage a University of Illinois at Springfield
 6 Innovation Center (UIS Innovation Center), which is a facility
 7 or facilities dedicated to fostering and supporting innovation
 8 in academics, entrepreneurship, workforce development, policy
 9 development, and non-profit or philanthropic activities.
10 Notwithstanding any other provision of law, the UIS Innovation
11 Center (1) may be located on land owned by the Board of
12 Trustees or a University of Illinois at Springfield Innovation
13 Center partner; and (2) shall have costs incurred in
14 connection with the design, construction, enlargement,
15 improvement, equipping, and completion of the business
16 incubation and innovation facilities paid with funds
17 appropriated to the Capital Development Board from the Build
18 Illinois Bond Fund for a grant to the Board of Trustees for the
19 UIS Innovation Center. If the UIS Innovation Center is located
20 on land owned by a University of Illinois at Springfield
21 Innovation Center partner, the Board of Trustees must have an
22 ownership interest in the facility or facilities or a portion
23 thereof. An ownership interest shall bear a reasonable
24 relationship to the proportional share of the costs paid by
25 such grant funds for a term equal to at least the useful life
26 of the innovation facilities.
    SB2394 Enrolled     - 1638 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-588, eff. 6-5-24.)

2   (110 ILCS 305/185)

3   Sec. 185 180. Winter weather emergency closure;

4 educational support services pay. If a campus is closed due to

5 a city, county, or State declaration of a winter weather

6 emergency, the Board of Trustees shall pay to its employees

7 who provide educational support services to the campus,

8 including, but not limited to, custodial employees, building

9 maintenance employees, transportation employees, food service

10 providers, classroom assistants, or administrative staff,

11 their daily, regular rate of pay and benefits rendered for the

12 campus closure if the closure precludes them from performing

13 their regularly scheduled duties and the employee would have

14 reported for work but for the closure; however, this

15 requirement does not apply if the day is rescheduled and the

16 employee will be paid the employee's daily, regular rate of

17 pay and benefits for the rescheduled day when services are

18 rendered.

19 (Source: P.A. 103-749, eff. 1-1-25; revised 12-3-24.)

20  (110 ILCS 305/190)

21  Sec. 190 180. Enrollment reporting.

22  (a) The Board of Trustees shall report to the Board of

23 Higher Education by the 15th business day after the start of

24 the academic year all of the following student enrollment
    SB2394 Enrolled  - 1639 - LRB104 09208 AMC 19265 b

1 data:

2        (1) The number of students enrolled at the start of

3   the previous academic year.

4        (2) The number of students enrolled full time at the

5   start of the previous academic year.

6        (3) The number of students enrolled at the start of

7   the current academic year.

8        (4) The number of students enrolled full time at the

9   start of the current academic year.

10       (5) The number of students enrolled in online learning

11  at the start of the previous academic year.

12       (6) The number of students enrolled in in-person

13  learning at the start of the previous academic year.

14       (7) The number of students enrolled in online learning

15  at the start of the current academic year.

16       (8) The number of students enrolled in in-person

17  learning at the start of the current academic year.

18       (9) The rolling average number of students enrolled

19  over the previous 5 academic years.

20  (b) The Board of Higher Education shall post the student

21 enrollment data reported under subsection (a) on its Internet

22 website.

23 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

24  Section 655. The Southern Illinois University Management

25 Act is amended by changing Section 75 and by setting forth and
    SB2394 Enrolled          - 1640 - LRB104 09208 AMC 19265 b

1 renumbering multiple versions of Section 155 as follows:

2   (110 ILCS 520/75)

3   Sec. 75. Employment contract limitations. This Section

4 applies to the employment contracts of the president or all

5 chancellors of the University entered into, amended, renewed,

6 or extended after January 1, 2017 (the effective date of

7 Public Act 99-694) this amendatory Act of the 99th General

8 Assembly. This Section does not apply to collective bargaining

9 agreements. With respect to employment contracts entered into

10 with the president or all chancellors of the University:

11  (1) Severance under the contract may not exceed one

12  year's year salary and applicable benefits.

13  (2) A contract with a determinate start and end date

14  may not exceed 4 years.

15  (3) The contract may not include any automatic

16  rollover clauses.

17  (4) Severance payments or contract buyouts may be

18  placed in an escrow account if there are pending criminal

19  charges against the president or all chancellors of the

20  University related to their employment.

21  (5) Final action on the formation, renewal, extension,

22  or termination of the employment contracts of the

23  president or all chancellors of the University must be

24  made during an open meeting of the Board.

25  (6) Public notice, compliant with the provisions of
    SB2394 Enrolled     - 1641 - LRB104 09208 AMC 19265 b

1   the Open Meetings Act, must be given prior to final action

2   on the formation, renewal, extension, or termination of

3   the employment contracts of the president or all

4   chancellors of the University and must include a copy of

5   the Board item or other documentation providing, at a

6   minimum, a description of the proposed principal financial

7   components of the president's or all chancellors'

8   appointments.

9   (7) Any performance-based bonus or incentive-based

10  compensation to the president or all chancellors of the

11  University must be approved by the Board in an open

12  meeting. The performance upon which the bonus is based

13  must be made available to the public no less than 48 hours

14  before Board approval of the performance-based bonus or

15  incentive-based compensation.

16  (8) Board minutes, board packets, and annual

17  performance reviews concerning the president or all

18  chancellors of the University must be made available to

19  the public on the University's Internet website.

20 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

21  (110 ILCS 520/155)

22  Sec. 155. Winter weather emergency closure; educational

23 support services pay. If a campus is closed due to a city,

24 county, or State declaration of a winter weather emergency,

25 the Board shall pay to its employees who provide educational
    SB2394 Enrolled     - 1642 - LRB104 09208 AMC 19265 b

 1 support services to the campus, including, but not limited to,
 2 custodial employees, building maintenance employees,
 3 transportation employees, food service providers, classroom
 4 assistants, or administrative staff, their daily, regular rate
 5 of pay and benefits rendered for the campus closure if the
 6 closure precludes them from performing their regularly
 7 scheduled duties and the employee would have reported for work
 8 but for the closure; however, this requirement does not apply
 9 if the day is rescheduled and the employee will be paid the
10 employee's daily, regular rate of pay and benefits for the
11 rescheduled day when services are rendered.
12 (Source: P.A. 103-749, eff. 1-1-25.)

13  (110 ILCS 520/160)

14  Sec. 160 155. Enrollment reporting.

15  (a) The Board shall report to the Board of Higher

16 Education by the 15th business day after the start of the

17 academic year all of the following student enrollment data:

18  (1) The number of students enrolled at the start of

19  the previous academic year.

20  (2) The number of students enrolled full time at the

21  start of the previous academic year.

22  (3) The number of students enrolled at the start of

23  the current academic year.

24  (4) The number of students enrolled full time at the

25  start of the current academic year.
    SB2394 Enrolled       - 1643 - LRB104 09208 AMC 19265 b

1   (5) The number of students enrolled in online learning

2   at the start of the previous academic year.

3   (6) The number of students enrolled in in-person

4   learning at the start of the previous academic year.

5   (7) The number of students enrolled in online learning

6   at the start of the current academic year.

7   (8) The number of students enrolled in in-person

8   learning at the start of the current academic year.

9   (9) The rolling average number of students enrolled

10  over the previous 5 academic years.

11  (b) The Board of Higher Education shall post the student

12 enrollment data reported under subsection (a) on its Internet

13 website.

14 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

15  Section 660. The Chicago State University Law is amended

16 by changing Section 5-185 and by setting forth and renumbering

17 multiple versions of Section 5-265 as follows:

18  (110 ILCS 660/5-185)

19  Sec. 5-185. Employment contract limitations. This Section

20 applies to the employment contracts of the president or all

21 chancellors of the University entered into, amended, renewed,

22 or extended after January 1, 2017 (the effective date of

23 Public Act 99-694) this amendatory Act of the 99th General

24 Assembly. This Section does not apply to collective bargaining
    SB2394 Enrolled          - 1644 - LRB104 09208 AMC 19265 b

1 agreements. With respect to employment contracts entered into

2 with the president or all chancellors of the University:

3   (1) Severance under the contract may not exceed one

4   year's year salary and applicable benefits.

5   (2) A contract with a determinate start and end date

6   may not exceed 4 years.

7   (3) The contract may not include any automatic

8   rollover clauses.

9   (4) Severance payments or contract buyouts may be

10  placed in an escrow account if there are pending criminal

11  charges against the president or all chancellors of the

12  University related to their employment.

13  (5) Final action on the formation, renewal, extension,

14  or termination of the employment contracts of the

15  president or all chancellors of the University must be

16  made during an open meeting of the Board.

17  (6) Public notice, compliant with the provisions of

18  the Open Meetings Act, must be given prior to final action

19  on the formation, renewal, extension, or termination of

20  the employment contracts of the president or all

21  chancellors of the University and must include a copy of

22  the Board item or other documentation providing, at a

23  minimum, a description of the proposed principal financial

24  components of the president's or all chancellors'

25  appointments.

26  (7) Any performance-based bonus or incentive-based
    SB2394 Enrolled       - 1645 - LRB104 09208 AMC 19265 b

1   compensation to the president or all chancellors of the

2   University must be approved by the Board in an open

3   meeting. The performance upon which the bonus is based

4   must be made available to the public no less than 48 hours

5   before Board approval of the performance-based bonus or

6   incentive-based compensation.

7   (8) Board minutes, board packets, and annual

8   performance reviews concerning the president or all

9   chancellors of the University must be made available to

10  the public on the University's Internet website.

11 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

12  (110 ILCS 660/5-265)

13  Sec. 5-265. Winter weather emergency closure; educational

14 support services pay. If a campus is closed due to a city,

15 county, or State declaration of a winter weather emergency,

16 the Board shall pay to its employees who provide educational

17 support services to the campus, including, but not limited to,

18 custodial employees, building maintenance employees,

19 transportation employees, food service providers, classroom

20 assistants, or administrative staff, their daily, regular rate

21 of pay and benefits rendered for the campus closure if the

22 closure precludes them from performing their regularly

23 scheduled duties and the employee would have reported for work

24 but for the closure; however, this requirement does not apply

25 if the day is rescheduled and the employee will be paid the
    SB2394 Enrolled       - 1646 - LRB104 09208 AMC 19265 b

1 employee's daily, regular rate of pay and benefits for the
2 rescheduled day when services are rendered.
3 (Source: P.A. 103-749, eff. 1-1-25.)

4   (110 ILCS 660/5-270)

5   Sec. 5-270 5-265. Enrollment reporting.

6   (a) The Board shall report to the Board of Higher

7 Education by the 15th business day after the start of the

8 academic year all of the following student enrollment data:

9   (1) The number of students enrolled at the start of

10  the previous academic year.

11  (2) The number of students enrolled full time at the

12  start of the previous academic year.

13  (3) The number of students enrolled at the start of

14  the current academic year.

15  (4) The number of students enrolled full time at the

16  start of the current academic year.

17  (5) The number of students enrolled in online learning

18  at the start of the previous academic year.

19  (6) The number of students enrolled in in-person

20  learning at the start of the previous academic year.

21  (7) The number of students enrolled in online learning

22  at the start of the current academic year.

23  (8) The number of students enrolled in in-person

24  learning at the start of the current academic year.

25  (9) The rolling average number of students enrolled
    SB2394 Enrolled          - 1647 - LRB104 09208 AMC 19265 b

1   over the previous 5 academic years.

2   (b) The Board of Higher Education shall post the student

3 enrollment data reported under subsection (a) on its Internet

4 website.

5 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

6   Section 665. The Eastern Illinois University Law is

7 amended by changing Section 10-185 and by setting forth and

8 multiple versions of Section 10-270 as follows:

9   (110 ILCS 665/10-185)

10  Sec. 10-185. Employment contract limitations. This Section

11 applies to the employment contracts of the president or all

12 chancellors of the University entered into, amended, renewed,

13 or extended after January 1, 2017 (the effective date of

14 Public Act 99-694) this amendatory Act of the 99th General

15 Assembly. This Section does not apply to collective bargaining

16 agreements. With respect to employment contracts entered into

17 with the president or all chancellors of the University:

18  (1) Severance under the contract may not exceed one

19  year's year salary and applicable benefits.

20  (2) A contract with a determinate start and end date

21  may not exceed 4 years.

22  (3) The contract may not include any automatic

23  rollover clauses.

24  (4) Severance payments or contract buyouts may be
    SB2394 Enrolled  - 1648 - LRB104 09208 AMC 19265 b

1   placed in an escrow account if there are pending criminal

2   charges against the president or all chancellors of the

3   University related to their employment.

4   (5) Final action on the formation, renewal, extension,

5   or termination of the employment contracts of the

6   president or all chancellors of the University must be

7   made during an open meeting of the Board.

8   (6) Public notice, compliant with the provisions of

9   the Open Meetings Act, must be given prior to final action

10  on the formation, renewal, extension, or termination of

11  the employment contracts of the president or all

12  chancellors of the University and must include a copy of

13  the Board item or other documentation providing, at a

14  minimum, a description of the proposed principal financial

15  components of the president's or all chancellors'

16  appointments.

17  (7) Any performance-based bonus or incentive-based

18  compensation to the president or all chancellors of the

19  University must be approved by the Board in an open

20  meeting. The performance upon which the bonus is based

21  must be made available to the public no less than 48 hours

22  before Board approval of the performance-based bonus or

23  incentive-based compensation.

24  (8) Board minutes, board packets, and annual

25  performance reviews concerning the president or all

26  chancellors of the University must be made available to
    SB2394 Enrolled        - 1649 - LRB104 09208 AMC 19265 b

1   the public on the University's Internet website.

2 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

3   (110 ILCS 665/10-270)

4   Sec. 10-270. Winter weather emergency closure; educational

5 support services pay. If a campus is closed due to a city,

6 county, or State declaration of a winter weather emergency,

7 the Board shall pay to its employees who provide educational

8 support services to the campus, including, but not limited to,

9 custodial employees, building maintenance employees,

10 transportation employees, food service providers, classroom

11 assistants, or administrative staff, their daily, regular rate

12 of pay and benefits rendered for the campus closure if the

13 closure precludes them from performing their regularly

14 scheduled duties and the employee would have reported for work

15 but for the closure; however, this requirement does not apply

16 if the day is rescheduled and the employee will be paid the

17 employee's daily, regular rate of pay and benefits for the

18 rescheduled day when services are rendered.

19 (Source: P.A. 103-749, eff. 1-1-25.)

20  (110 ILCS 665/10-275)

21  Sec. 10-275 10-270. Enrollment reporting.

22  (a) The Board shall report to the Board of Higher

23 Education by the 15th business day after the start of the

24 academic year all of the following student enrollment data:
    SB2394 Enrolled  - 1650 - LRB104 09208 AMC 19265 b

1   (1) The number of students enrolled at the start of

2   the previous academic year.

3   (2) The number of students enrolled full time at the

4   start of the previous academic year.

5   (3) The number of students enrolled at the start of

6   the current academic year.

7   (4) The number of students enrolled full time at the

8   start of the current academic year.

9   (5) The number of students enrolled in online learning

10  at the start of the previous academic year.

11  (6) The number of students enrolled in in-person

12  learning at the start of the previous academic year.

13  (7) The number of students enrolled in online learning

14  at the start of the current academic year.

15  (8) The number of students enrolled in in-person

16  learning at the start of the current academic year.

17  (9) The rolling average number of students enrolled

18  over the previous 5 academic years.

19  (b) The Board of Higher Education shall post the student

20 enrollment data reported under subsection (a) on its Internet

21 website.

22 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

23  Section 670. The Governors State University Law is amended

24 by changing Section 15-185 and by setting forth and

25 renumbering multiple versions of Section 15-265 as follows:
    SB2394 Enrolled          - 1651 - LRB104 09208 AMC 19265 b

1   (110 ILCS 670/15-185)

2   Sec. 15-185. Employment contract limitations. This Section

3 applies to the employment contracts of the president or all

4 chancellors of the University entered into, amended, renewed,

5 or extended after January 1, 2017 (the effective date of

6 Public Act 99-694) this amendatory Act of the 99th General

7 Assembly. This Section does not apply to collective bargaining

8 agreements. With respect to employment contracts entered into

9 with the president or all chancellors of the University:

10  (1) Severance under the contract may not exceed one

11  year's year salary and applicable benefits.

12  (2) A contract with a determinate start and end date

13  may not exceed 4 years.

14  (3) The contract may not include any automatic

15  rollover clauses.

16  (4) Severance payments or contract buyouts may be

17  placed in an escrow account if there are pending criminal

18  charges against the president or all chancellors of the

19  University related to their employment.

20  (5) Final action on the formation, renewal, extension,

21  or termination of the employment contracts of the

22  president or all chancellors of the University must be

23  made during an open meeting of the Board.

24  (6) Public notice, compliant with the provisions of

25  the Open Meetings Act, must be given prior to final action
    SB2394 Enrolled        - 1652 - LRB104 09208 AMC 19265 b

1   on the formation, renewal, extension, or termination of

2   the employment contracts of the president or all

3   chancellors of the University and must include a copy of

4   the Board item or other documentation providing, at a

5   minimum, a description of the proposed principal financial

6   components of the president's or all chancellors'

7   appointments.

8   (7) Any performance-based bonus or incentive-based

9   compensation to the president or all chancellors of the

10  University must be approved by the Board in an open

11  meeting. The performance upon which the bonus is based

12  must be made available to the public no less than 48 hours

13  before Board approval of the performance-based bonus or

14  incentive-based compensation.

15  (8) Board minutes, board packets, and annual

16  performance reviews concerning the president or all

17  chancellors of the University must be made available to

18  the public on the University's Internet website.

19 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

20  (110 ILCS 670/15-265)

21  Sec. 15-265. Winter weather emergency closure; educational

22 support services pay. If a campus is closed due to a city,

23 county, or State declaration of a winter weather emergency,

24 the Board shall pay to its employees who provide educational

25 support services to the campus, including, but not limited to,
    SB2394 Enrolled        - 1653 - LRB104 09208 AMC 19265 b

 1 custodial employees, building maintenance employees,
 2 transportation employees, food service providers, classroom
 3 assistants, or administrative staff, their daily, regular rate
 4 of pay and benefits rendered for the campus closure if the
 5 closure precludes them from performing their regularly
 6 scheduled duties and the employee would have reported for work
 7 but for the closure; however, this requirement does not apply
 8 if the day is rescheduled and the employee will be paid the
 9 employee's daily, regular rate of pay and benefits for the
10 rescheduled day when services are rendered.
11 (Source: P.A. 103-749, eff. 1-1-25.)

12  (110 ILCS 670/15-270)

13  Sec. 15-270 15-265. Enrollment reporting.

14  (a) The Board shall report to the Board of Higher

15 Education by the 15th business day after the start of the

16 academic year all of the following student enrollment data:

17  (1) The number of students enrolled at the start of

18  the previous academic year.

19  (2) The number of students enrolled full time at the

20  start of the previous academic year.

21  (3) The number of students enrolled at the start of

22  the current academic year.

23  (4) The number of students enrolled full time at the

24  start of the current academic year.

25  (5) The number of students enrolled in online learning
    SB2394 Enrolled        - 1654 - LRB104 09208 AMC 19265 b

1   at the start of the previous academic year.

2   (6) The number of students enrolled in in-person

3   learning at the start of the previous academic year.

4   (7) The number of students enrolled in online learning

5   at the start of the current academic year.

6   (8) The number of students enrolled in in-person

7   learning at the start of the current academic year.

8   (9) The rolling average number of students enrolled

9   over the previous 5 academic years.

10  (b) The Board of Higher Education shall post the student

11 enrollment data reported under subsection (a) on its Internet

12 website.

13 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

14  Section 675. The Illinois State University Law is amended

15 by changing Section 20-190 and by setting forth and

16 renumbering multiple versions of Section 20-275 as follows:

17  (110 ILCS 675/20-190)

18  Sec. 20-190. Employment contract limitations. This Section

19 applies to the employment contracts of the president or all

20 chancellors of the University entered into, amended, renewed,

21 or extended after January 1, 2017 (the effective date of

22 Public Act 99-694) this amendatory Act of the 99th General

23 Assembly. This Section does not apply to collective bargaining

24 agreements. With respect to employment contracts entered into
    SB2394 Enrolled          - 1655 - LRB104 09208 AMC 19265 b

1 with the president or all chancellors of the University:

2   (1) Severance under the contract may not exceed one

3   year's year salary and applicable benefits.

4   (2) A contract with a determinate start and end date

5   may not exceed 4 years.

6   (3) The contract may not include any automatic

7   rollover clauses.

8   (4) Severance payments or contract buyouts may be

9   placed in an escrow account if there are pending criminal

10  charges against the president or all chancellors of the

11  University related to their employment.

12  (5) Final action on the formation, renewal, extension,

13  or termination of the employment contracts of the

14  president or all chancellors of the University must be

15  made during an open meeting of the Board.

16  (6) Public notice, compliant with the provisions of

17  the Open Meetings Act, must be given prior to final action

18  on the formation, renewal, extension, or termination of

19  the employment contracts of the president or all

20  chancellors of the University and must include a copy of

21  the Board item or other documentation providing, at a

22  minimum, a description of the proposed principal financial

23  components of the president's or all chancellors'

24  appointments.

25  (7) Any performance-based bonus or incentive-based

26  compensation to the president or all chancellors of the
    SB2394 Enrolled        - 1656 - LRB104 09208 AMC 19265 b

1   University must be approved by the Board in an open

2   meeting. The performance upon which the bonus is based

3   must be made available to the public no less than 48 hours

4   before Board approval of the performance-based bonus or

5   incentive-based compensation.

6   (8) Board minutes, board packets, and annual

7   performance reviews concerning the president or all

8   chancellors of the University must be made available to

9   the public on the University's Internet website.

10 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

11  (110 ILCS 675/20-275)

12  Sec. 20-275. Winter weather emergency closure; educational

13 support services pay. If a campus is closed due to a city,

14 county, or State declaration of a winter weather emergency,

15 the Board shall pay to its employees who provide educational

16 support services to the campus, including, but not limited to,

17 custodial employees, building maintenance employees,

18 transportation employees, food service providers, classroom

19 assistants, or administrative staff, their daily, regular rate

20 of pay and benefits rendered for the campus closure if the

21 closure precludes them from performing their regularly

22 scheduled duties and the employee would have reported for work

23 but for the closure; however, this requirement does not apply

24 if the day is rescheduled and the employee will be paid the

25 employee's daily, regular rate of pay and benefits for the
    SB2394 Enrolled        - 1657 - LRB104 09208 AMC 19265 b

1 rescheduled day when services are rendered.
2 (Source: P.A. 103-749, eff. 1-1-25.)

3   (110 ILCS 675/20-280)

4   Sec. 20-280 20-275. Enrollment reporting.

5   (a) The Board shall report to the Board of Higher

6 Education by the 15th business day after the start of the

7 academic year all of the following student enrollment data:

8   (1) The number of students enrolled at the start of

9   the previous academic year.

10  (2) The number of students enrolled full time at the

11  start of the previous academic year.

12  (3) The number of students enrolled at the start of

13  the current academic year.

14  (4) The number of students enrolled full time at the

15  start of the current academic year.

16  (5) The number of students enrolled in online learning

17  at the start of the previous academic year.

18  (6) The number of students enrolled in in-person

19  learning at the start of the previous academic year.

20  (7) The number of students enrolled in online learning

21  at the start of the current academic year.

22  (8) The number of students enrolled in in-person

23  learning at the start of the current academic year.

24  (9) The rolling average number of students enrolled

25  over the previous 5 academic years.
    SB2394 Enrolled          - 1658 - LRB104 09208 AMC 19265 b

1   (b) The Board of Higher Education shall post the student

2 enrollment data reported under subsection (a) on its Internet

3 website.

4 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

5   Section 680. The Northeastern Illinois University Law is

6 amended by changing Section 25-185 and by setting forth and

7 renumbering multiple versions of Section 25-270 as follows:

8   (110 ILCS 680/25-185)

9   Sec. 25-185. Employment contract limitations. This Section

10 applies to the employment contracts of the president or all

11 chancellors of the University entered into, amended, renewed,

12 or extended after January 1, 2017 (the effective date of

13 Public Act 99-694) this amendatory Act of the 99th General

14 Assembly. This Section does not apply to collective bargaining

15 agreements. With respect to employment contracts entered into

16 with the president or all chancellors of the University:

17  (1) Severance under the contract may not exceed one

18  year's year salary and applicable benefits.

19  (2) A contract with a determinate start and end date

20  may not exceed 4 years.

21  (3) The contract may not include any automatic

22  rollover clauses.

23  (4) Severance payments or contract buyouts may be

24  placed in an escrow account if there are pending criminal
    SB2394 Enrolled  - 1659 - LRB104 09208 AMC 19265 b

1   charges against the president or all chancellors of the

2   University related to their employment.

3   (5) Final action on the formation, renewal, extension,

4   or termination of the employment contracts of the

5   president or all chancellors of the University must be

6   made during an open meeting of the Board.

7   (6) Public notice, compliant with the provisions of

8   the Open Meetings Act, must be given prior to final action

9   on the formation, renewal, extension, or termination of

10  the employment contracts of the president or all

11  chancellors of the University and must include a copy of

12  the Board item or other documentation providing, at a

13  minimum, a description of the proposed principal financial

14  components of the president's or all chancellors'

15  appointments.

16  (7) Any performance-based bonus or incentive-based

17  compensation to the president or all chancellors of the

18  University must be approved by the Board in an open

19  meeting. The performance upon which the bonus is based

20  must be made available to the public no less than 48 hours

21  before Board approval of the performance-based bonus or

22  incentive-based compensation.

23  (8) Board minutes, board packets, and annual

24  performance reviews concerning the president or all

25  chancellors of the University must be made available to

26  the public on the University's Internet website.
    SB2394 Enrolled        - 1660 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

2   (110 ILCS 680/25-270)

3   Sec. 25-270. Winter weather emergency closure; educational

4 support services pay. If a campus is closed due to a city,

5 county, or State declaration of a winter weather emergency,

6 the Board shall pay to its employees who provide educational

7 support services to the campus, including, but not limited to,

8 custodial employees, building maintenance employees,

9 transportation employees, food service providers, classroom

10 assistants, or administrative staff, their daily, regular rate

11 of pay and benefits rendered for the campus closure if the

12 closure precludes them from performing their regularly

13 scheduled duties and the employee would have reported for work

14 but for the closure; however, this requirement does not apply

15 if the day is rescheduled and the employee will be paid the

16 employee's daily, regular rate of pay and benefits for the

17 rescheduled day when services are rendered.

18 (Source: P.A. 103-749, eff. 1-1-25.)

19  (110 ILCS 680/25-275)

20  Sec. 25-275 25-270. Enrollment reporting.

21  (a) The Board shall report to the Board of Higher

22 Education by the 15th business day after the start of the

23 academic year all of the following student enrollment data:

24  (1) The number of students enrolled at the start of
    SB2394 Enrolled  - 1661 - LRB104 09208 AMC 19265 b

1   the previous academic year.

2   (2) The number of students enrolled full time at the

3   start of the previous academic year.

4   (3) The number of students enrolled at the start of

5   the current academic year.

6   (4) The number of students enrolled full time at the

7   start of the current academic year.

8   (5) The number of students enrolled in online learning

9   at the start of the previous academic year.

10  (6) The number of students enrolled in in-person

11  learning at the start of the previous academic year.

12  (7) The number of students enrolled in online learning

13  at the start of the current academic year.

14  (8) The number of students enrolled in in-person

15  learning at the start of the current academic year.

16  (9) The rolling average number of students enrolled

17  over the previous 5 academic years.

18  (b) The Board of Higher Education shall post the student

19 enrollment data reported under subsection (a) on its Internet

20 website.

21 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

22  Section 685. The Northern Illinois University Law is

23 amended by changing Section 30-195 and by setting forth and

24 renumbering multiple versions of Section 30-280 as follows:
    SB2394 Enrolled          - 1662 - LRB104 09208 AMC 19265 b

1   (110 ILCS 685/30-195)

2   Sec. 30-195. Employment contract limitations. This Section

3 applies to the employment contracts of the president or all

4 chancellors of the University entered into, amended, renewed,

5 or extended after January 1, 2017 (the effective date of

6 Public Act 99-694) this amendatory Act of the 99th General

7 Assembly. This Section does not apply to collective bargaining

8 agreements. With respect to employment contracts entered into

9 with the president or all chancellors of the University:

10  (1) Severance under the contract may not exceed one

11  year's year salary and applicable benefits.

12  (2) A contract with a determinate start and end date

13  may not exceed 4 years.

14  (3) The contract may not include any automatic

15  rollover clauses.

16  (4) Severance payments or contract buyouts may be

17  placed in an escrow account if there are pending criminal

18  charges against the president or all chancellors of the

19  University related to their employment.

20  (5) Final action on the formation, renewal, extension,

21  or termination of the employment contracts of the

22  president or all chancellors of the University must be

23  made during an open meeting of the Board.

24  (6) Public notice, compliant with the provisions of

25  the Open Meetings Act, must be given prior to final action

26  on the formation, renewal, extension, or termination of
    SB2394 Enrolled        - 1663 - LRB104 09208 AMC 19265 b

1   the employment contracts of the president or all

2   chancellors of the University and must include a copy of

3   the Board item or other documentation providing, at a

4   minimum, a description of the proposed principal financial

5   components of the president's or all chancellors'

6   appointments.

7   (7) Any performance-based bonus or incentive-based

8   compensation to the president or all chancellors of the

9   University must be approved by the Board in an open

10  meeting. The performance upon which the bonus is based

11  must be made available to the public no less than 48 hours

12  before Board approval of the performance-based bonus or

13  incentive-based compensation.

14  (8) Board minutes, board packets, and annual

15  performance reviews concerning the president or all

16  chancellors of the University must be made available to

17  the public on the University's Internet website.

18 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

19  (110 ILCS 685/30-280)

20  Sec. 30-280. Winter weather emergency closure; educational

21 support services pay. If a campus is closed due to a city,

22 county, or State declaration of a winter weather emergency,

23 the Board shall pay to its employees who provide educational

24 support services to the campus, including, but not limited to,

25 custodial employees, building maintenance employees,
    SB2394 Enrolled        - 1664 - LRB104 09208 AMC 19265 b

 1 transportation employees, food service providers, classroom
 2 assistants, or administrative staff, their daily, regular rate
 3 of pay and benefits rendered for the campus closure if the
 4 closure precludes them from performing their regularly
 5 scheduled duties and the employee would have reported for work
 6 but for the closure; however, this requirement does not apply
 7 if the day is rescheduled and the employee will be paid the
 8 employee's daily, regular rate of pay and benefits for the
 9 rescheduled day when services are rendered.
10 (Source: P.A. 103-749, eff. 1-1-25.)

11  (110 ILCS 685/30-285)

12  Sec. 30-285 30-280. Enrollment reporting.

13  (a) The Board shall report to the Board of Higher

14 Education by the 15th business day after the start of the

15 academic year all of the following student enrollment data:

16  (1) The number of students enrolled at the start of

17  the previous academic year.

18  (2) The number of students enrolled full time at the

19  start of the previous academic year.

20  (3) The number of students enrolled at the start of

21  the current academic year.

22  (4) The number of students enrolled full time at the

23  start of the current academic year.

24  (5) The number of students enrolled in online learning

25  at the start of the previous academic year.
    SB2394 Enrolled        - 1665 - LRB104 09208 AMC 19265 b

1   (6) The number of students enrolled in in-person

2   learning at the start of the previous academic year.

3   (7) The number of students enrolled in online learning

4   at the start of the current academic year.

5   (8) The number of students enrolled in in-person

6   learning at the start of the current academic year.

7   (9) The rolling average number of students enrolled

8   over the previous 5 academic years.

9   (b) The Board of Higher Education shall post the student

10 enrollment data reported under subsection (a) on its Internet

11 website.

12 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

13  Section 690. The Western Illinois University Law is

14 amended by changing Sections 35-115 and 35-190 and by setting

15 forth and renumbering multiple versions of Section 35-275 as

16 follows:

17  (110 ILCS 690/35-115)

18  Sec. 35-115. Television station.

19  (a) The Board of Western Illinois University is

20 authorized, under applicable permit and license of the Federal

21 Communications Communication Commission, to construct and

22 operate an educational television station at or near Macomb,

23 Illinois with a translator at or near Moline, Illinois.

24  (b) The Board may apply on behalf of Western Illinois
    SB2394 Enrolled          - 1666 - LRB104 09208 AMC 19265 b

1 University to the Department of Health, Education and Welfare
2 for funds, as authorized under the Educational Television
3 Facilities Act of 1962, to assist in the development of the
4 educational television program authorized in subsection (a).
5 (Source: P.A. 89-4, eff. 1-1-96; revised 10-23-24.)

6   (110 ILCS 690/35-190)

7   Sec. 35-190. Employment contract limitations. This Section

8 applies to the employment contracts of the president or all

9 chancellors of the University entered into, amended, renewed,

10 or extended after January 1, 2017 (the effective date of

11 Public Act 99-694) this amendatory Act of the 99th General

12 Assembly. This Section does not apply to collective bargaining

13 agreements. With respect to employment contracts entered into

14 with the president or all chancellors of the University:

15  (1) Severance under the contract may not exceed one

16  year's year salary and applicable benefits.

17  (2) A contract with a determinate start and end date

18  may not exceed 4 years.

19  (3) The contract may not include any automatic

20  rollover clauses.

21  (4) Severance payments or contract buyouts may be

22  placed in an escrow account if there are pending criminal

23  charges against the president or all chancellors of the

24  University related to their employment.

25  (5) Final action on the formation, renewal, extension,
    SB2394 Enrolled        - 1667 - LRB104 09208 AMC 19265 b

1   or termination of the employment contracts of the

2   president or all chancellors of the University must be

3   made during an open meeting of the Board.

4   (6) Public notice, compliant with the provisions of

5   the Open Meetings Act, must be given prior to final action

6   on the formation, renewal, extension, or termination of

7   the employment contracts of the president or all

8   chancellors of the University and must include a copy of

9   the Board item or other documentation providing, at a

10  minimum, a description of the proposed principal financial

11  components of the president's or all chancellors'

12  appointments.

13  (7) Any performance-based bonus or incentive-based

14  compensation to the president or all chancellors of the

15  University must be approved by the Board in an open

16  meeting. The performance upon which the bonus is based

17  must be made available to the public no less than 48 hours

18  before Board approval of the performance-based bonus or

19  incentive-based compensation.

20  (8) Board minutes, board packets, and annual

21  performance reviews concerning the president or all

22  chancellors of the University must be made available to

23  the public on the University's Internet website.

24 (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)

25  (110 ILCS 690/35-275)
    SB2394 Enrolled        - 1668 - LRB104 09208 AMC 19265 b

1   Sec. 35-275. Winter weather emergency closure; educational

2 support services pay. If a campus is closed due to a city,

3 county, or State declaration of a winter weather emergency,

4 the Board shall pay to its employees who provide educational

5 support services to the campus, including, but not limited to,

6 custodial employees, building maintenance employees,

7 transportation employees, food service providers, classroom

8 assistants, or administrative staff, their daily, regular rate

9 of pay and benefits rendered for the campus closure if the

10 closure precludes them from performing their regularly

11 scheduled duties and the employee would have reported for work

12 but for the closure; however, this requirement does not apply

13 if the day is rescheduled and the employee will be paid the

14 employee's daily, regular rate of pay and benefits for the

15 rescheduled day when services are rendered.

16 (Source: P.A. 103-749, eff. 1-1-25.)

17  (110 ILCS 690/35-280)

18  Sec. 35-280 35-275. Enrollment reporting.

19  (a) The Board shall report to the Board of Higher

20 Education by the 15th business day after the start of the

21 academic year all of the following student enrollment data:

22  (1) The number of students enrolled at the start of

23  the previous academic year.

24  (2) The number of students enrolled full time at the

25  start of the previous academic year.
    SB2394 Enrolled  - 1669 - LRB104 09208 AMC 19265 b

1   (3) The number of students enrolled at the start of

2   the current academic year.

3   (4) The number of students enrolled full time at the

4   start of the current academic year.

5   (5) The number of students enrolled in online learning

6   at the start of the previous academic year.

7   (6) The number of students enrolled in in-person

8   learning at the start of the previous academic year.

9   (7) The number of students enrolled in online learning

10  at the start of the current academic year.

11  (8) The number of students enrolled in in-person

12  learning at the start of the current academic year.

13  (9) The rolling average number of students enrolled

14  over the previous 5 academic years.

15  (b) The Board of Higher Education shall post the student

16 enrollment data reported under subsection (a) on its Internet

17 website.

18 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

19  Section 695. The Public Community College Act is amended

20 by changing Sections 3-20.3.01 and 3-65 and by setting forth

21 and renumbering multiple versions of Section 3-29.26 as

22 follows:

23  (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)

24  Sec. 3-20.3.01. Whenever, as a result of any lawful order
SB2394 Enrolled  - 1670 - LRB104 09208 AMC 19265 b

 1 of any agency, other than a local community college board,
 2 having authority to enforce any law or regulation designed for
 3 the protection, health, or safety of community college
 4 students, employees, or visitors, or any law or regulation for
 5 the protection and safety of the environment, pursuant to the
 6 "Environmental Protection Act", any local community college
 7 district, including any district to which Article VII of this
 8 Act applies, is required to alter or repair any physical
 9 facilities, or whenever any district determines that it is
10 necessary for energy conservation, health, or safety,
11 environmental protection or accessibility purposes that any
12 physical facilities should be altered or repaired and that
13 such alterations or repairs will be made with funds not
14 necessary for the completion of approved and recommended
15 projects for fire prevention and safety, or whenever after
16 September 11, 1984 (the effective date of Public Act 83-1366)
17 this amendatory Act of 1984 any district, including any
18 district to which Article VII applies, provides for
19 alterations or repairs determined by the local community
20 college board to be necessary for health and safety,
21 environmental protection, accessibility or energy conservation
22 purposes, such district may, by proper resolution which
23 specifically identifies the project and which is adopted
24 pursuant to the provisions of the Open Meetings Act, levy a tax
25 for the purpose of paying for such alterations or repairs, or
26 survey by a licensed architect or engineer, upon the equalized
    SB2394 Enrolled          - 1671 - LRB104 09208 AMC 19265 b

1 assessed value of all the taxable property of the district at a

2 rate not to exceed .05% per year for a period sufficient to

3 finance such alterations or repairs, upon the following

4 conditions:

5   (a) When in the judgment of the local community

6   college board of trustees there are not sufficient funds

7   available in the operations and maintenance fund of the

8   district to permanently pay for such alterations or

9   repairs so ordered, determined as necessary.

10  (b) When a certified estimate of a licensed architect

11  or engineer stating the estimated amount that is necessary

12  to make the alterations or repairs so ordered or

13  determined as necessary has been secured by the local

14  community college district.

15  The filing of a certified copy of the resolution or

16 ordinance levying the tax shall be the authority of the county

17 clerk or clerks to extend such tax; provided, however, that in

18 no event shall the extension for the current and preceding

19 years, if any, under this Section be greater than the amount so

20 approved, and interest on bonds issued pursuant to this

21 Section and in the event such current extension and preceding

22 extensions exceed such approval and interest, it shall be

23 reduced proportionately.

24  The county clerk of each of the counties in which any

25 community college district levying a tax under the authority

26 of this Section is located, in reducing raised levies, shall
    SB2394 Enrolled       - 1672 - LRB104 09208 AMC 19265 b

1 not consider any such tax as a part of the general levy for

2 community college purposes and shall not include the same in

3 the limitation of any other tax rate which may be extended.

4 Such tax shall be levied and collected in like manner as all

5 other taxes of community college districts.

6   The tax rate limit hereinabove specified in this Section

7 may be increased to .10% upon the approval of a proposition to

8 effect such increase by a majority of the electors voting on

9 that proposition at a regular scheduled election. Such

10 proposition may be initiated by resolution of the local

11 community college board and shall be certified by the

12 secretary of the local community college board to the proper

13 election authorities for submission in accordance with the

14 general election law.

15  Each local community college district authorized to levy

16 any tax pursuant to this Section may also or in the alternative

17 by proper resolution or ordinance borrow money for such

18 specifically identified purposes not in excess of $4,500,000

19 in the aggregate at any one time when in the judgment of the

20 local community college board of trustees there are not

21 sufficient funds available in the operations and maintenance

22 fund of the district to permanently pay for such alterations

23 or repairs so ordered or determined as necessary and a

24 certified estimate of a licensed architect or engineer stating

25 the estimated amount has been secured by the local community

26 college district, and as evidence of such indebtedness may
    SB2394 Enrolled  - 1673 - LRB104 09208 AMC 19265 b

1 issue bonds without referendum. However, Community College

2 District No. 522 and Community College District No. 536 may or

3 in the alternative by proper resolution or ordinance borrow

4 money for such specifically identified purposes not in excess

5 of $20,000,000 in the aggregate at any one time when in the

6 judgment of the community college board of trustees there are

7 not sufficient funds available in the operations and

8 maintenance fund of the district to permanently pay for such

9 alterations or repairs so ordered or determined as necessary

10 and a certified estimate of a licensed architect or engineer

11 stating the estimated amount has been secured by the community

12 college district, and as evidence of such indebtedness may

13 issue bonds without referendum. Such bonds shall bear interest

14 at a rate or rates authorized by the Bond Authorization Act "An

15 Act to authorize public corporations to issue bonds, other

16 evidences of indebtedness and tax anticipation warrants

17 subject to interest rate limitations set forth therein",

18 approved May 26, 1970, as now or hereafter amended, shall

19 mature within 20 years from date, and shall be signed by the

20 chairman, secretary, and treasurer of the local community

21 college board.

22  In order to authorize and issue such bonds the local

23 community college board shall adopt a resolution fixing the

24 amount of bonds, the date thereof, the maturities thereof and

25 rates of interest thereof, and the board by such resolution,

26 or in a district to which Article VII applies the city council
    SB2394 Enrolled             - 1674 - LRB104 09208 AMC 19265 b

1 upon demand and under the direction of the board by ordinance,

2 shall provide for the levy and collection of a direct annual

3 tax upon all the taxable property in the local community

4 college district sufficient to pay the principal and interest

5 on such bonds to maturity. Upon the filing in the office of the

6 county clerk of each of the counties in which the community

7 college district is located of a certified copy of such

8 resolution or ordinance it is the duty of the county clerk or

9 clerks to extend the tax therefor without limit as to rate or

10 amount and in addition to and in excess of all other taxes

11 heretofore or hereafter authorized to be levied by such

12 community college district.

13  The State Board shall set through administrative rule

14 regulations and specifications for minimum requirements for

15 the construction, remodeling, or rehabilitation of heating,

16 ventilating, air conditioning, lighting, seating, water

17 supply, toilet, accessibility, fire safety, and any other

18 matter that will conserve, preserve, or provide for the

19 protection and the health or safety of individuals in or on

20 community college property and will conserve the integrity of

21 the physical facilities of the district.

22  This Section is cumulative and constitutes complete

23 authority for the issuance of bonds as provided in this

24 Section notwithstanding any other statute or law to the

25 contrary.

26 (Source: P.A. 99-143, eff. 7-27-15; 99-655, eff. 7-28-16;
         SB2394 Enrolled    - 1675 - LRB104 09208 AMC 19265 b
1 revised 7-19-24.)

2   (110 ILCS 805/3-29.26)

3   Sec. 3-29.26. Winter weather emergency closure;

4 educational support services pay. If a campus is closed due to

5 a city, county, or State declaration of a winter weather

6 emergency, the board shall pay to its employees who provide

7 educational support services to the campus, including, but not

8 limited to, custodial employees, building maintenance

9 employees, transportation employees, food service providers,

10 classroom assistants, or administrative staff, their daily,

11 regular rate of pay and benefits rendered for the campus

12 closure if the closure precludes them from performing their

13 regularly scheduled duties and the employee would have

14 reported for work but for the closure; however, this

15 requirement does not apply if the day is rescheduled and the

16 employee will be paid the employee's daily, regular rate of

17 pay and benefits for the rescheduled day when services are

18 rendered.

19 (Source: P.A. 103-749, eff. 1-1-25.)

20  (110 ILCS 805/3-29.27)

21  Sec. 3-29.27 3-29.26. Enrollment reporting.

22  (a) Annually, on or before October 1, each board shall

23 report to the State Board all of the following student

24 enrollment data:
    SB2394 Enrolled      - 1676 - LRB104 09208 AMC 19265 b

1   (1) The number of students enrolled at the start of

2   the previous academic year.

3   (2) The number of students enrolled full time at the

4   start of the previous academic year.

5   (3) The number of students enrolled at the start of

6   the current academic year.

7   (4) The number of students enrolled full time at the

8   start of the current academic year.

9   (5) The number of students enrolled in online learning

10  at the start of the previous academic year.

11  (6) The number of students enrolled in in-person

12  learning at the start of the previous academic year.

13  (7) The number of students enrolled in online learning

14  at the start of the current academic year.

15  (8) The number of students enrolled in in-person

16  learning at the start of the current academic year.

17  (9) The rolling average number of students enrolled

18  over the previous 5 academic years.

19  (b) The State Board shall post the student enrollment data

20 reported under subsection (a) on its Internet website.

21 (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

22  (110 ILCS 805/3-65)

23  Sec. 3-65. Employment contract limitations.

24  (a) This Section applies to employment contracts entered

25 into, amended, renewed, or extended after September 22, 2015
    SB2394 Enrolled          - 1677 - LRB104 09208 AMC 19265 b

1 (the effective date of Public Act 99-482) this amendatory Act

2 of the 99th General Assembly. This Section does not apply to

3 collective bargaining agreements.

4   (b) The following apply to any employment contract entered

5 into with an employee of the community college district:

6   (1) Severance under the contract may not exceed one

7   year's year salary and applicable benefits.

8   (2) A contract with a determinate start and end date

9   may not exceed 4 years.

10  (3) The contract may not include any automatic

11  rollover clauses, and all renewals or extensions of

12  contracts must be made during an open meeting of the

13  board.

14  (4) Public notice, in a form as determined by the

15  State Board, must be given of an employment contract

16  entered into, amended, renewed, or extended and must

17  include a complete description of the action to be taken,

18  as well the contract itself, including all addendums or

19  any other documents that change an initial contract.

20 (Source: P.A. 99-482, eff. 9-22-15; revised 7-19-24.)

21  Section 700. The Higher Education Student Assistance Act

22 is amended by changing Sections 50 and 52 and by setting forth

23 and renumbering multiple versions of Section 65.125 as

24 follows:
    SB2394 Enrolled    - 1678 - LRB104 09208 AMC 19265 b

1   (110 ILCS 947/50)

2   Sec. 50. Minority Teachers of Illinois scholarship

3 program.

4   (a) As used in this Section:

5   "Eligible applicant" means a minority student who has

6   graduated from high school or has received a State of

7   Illinois High School Diploma and has maintained a

8   cumulative grade point average of no less than 2.5 on a 4.0

9   scale, and who by reason thereof is entitled to apply for

10  scholarships to be awarded under this Section.

11  "Minority student" means a student who is any of the

12  following:

13          (1) American Indian or Alaska Native (a person

14  having origins in any of the original peoples of North

15  and South America, including Central America, and who

16  maintains tribal affiliation or community attachment).

17          (2) Asian (a person having origins in any of the

18  original peoples of the Far East, Southeast Asia, or

19  the Indian subcontinent, including, but not limited

20  to, Cambodia, China, India, Japan, Korea, Malaysia,

21  Pakistan, the Philippine Islands, Thailand, and

22  Vietnam).

23          (3) Black or African American (a person having

24  origins in any of the black racial groups of Africa).

25          (4) Hispanic or Latino (a person of Cuban,

26  Mexican, Puerto Rican, South or Central American, or
    SB2394 Enrolled  - 1679 - LRB104 09208 AMC 19265 b

1   other Spanish culture or origin, regardless of race).

2   (5) Native Hawaiian or Other Pacific Islander (a

3   person having origins in any of the original peoples

4   of Hawaii, Guam, Samoa, or other Pacific Islands).

5   "Qualified bilingual minority applicant" means a

6   qualified student who demonstrates proficiency in a

7   language other than English by (i) receiving a State Seal

8   of Biliteracy from the State Board of Education or (ii)

9   receiving a passing score on an educator licensure target

10  language proficiency test.

11  "Qualified student" means a person (i) who is a

12  resident of this State and a citizen or permanent resident

13  of the United States; (ii) who is a minority student, as

14  defined in this Section; (iii) who, as an eligible

15  applicant, has made a timely application for a minority

16  teaching scholarship under this Section; (iv) who is

17  enrolled on at least a half-time basis at a qualified

18  Illinois institution of higher learning; (v) who is

19  enrolled in a course of study leading to teacher

20  licensure, including alternative teacher licensure, or, if

21  the student is already licensed to teach, in a course of

22  study leading to an additional teaching endorsement or a

23  master's degree in an academic field in which he or she is

24  teaching or plans to teach or who has received one or more

25  College and Career Pathway Endorsements pursuant to

26  Section 80 of the Postsecondary and Workforce Readiness
    SB2394 Enrolled  - 1680 - LRB104 09208 AMC 19265 b

1   Act and commits to enrolling in a course of study leading

2   to teacher licensure, including alternative teacher

3   licensure; (vi) who maintains a grade point average of no

4   less than 2.5 on a 4.0 scale; and (vii) who continues to

5   advance satisfactorily toward the attainment of a degree.

6   (b) In order to encourage academically talented Illinois

7 minority students to pursue teaching careers at the preschool

8 or elementary or secondary school level and to address and

9 alleviate the teacher shortage crisis in this State described

10 under the provisions of the Transitions in Education Act, each

11 qualified student shall be awarded a minority teacher

12 scholarship to any qualified Illinois institution of higher

13 learning. However, preference may be given to qualified

14 applicants enrolled at or above the junior level.

15  (c) Each minority teacher scholarship awarded under this

16 Section shall be in an amount sufficient to pay the tuition and

17 fees and room and board costs of the qualified Illinois

18 institution of higher learning at which the recipient is

19 enrolled, up to an annual maximum of $5,000; except that in the

20 case of a recipient who does not reside on-campus at the

21 institution at which he or she is enrolled, the amount of the

22 scholarship shall be sufficient to pay tuition and fee

23 expenses and a commuter allowance, up to an annual maximum of

24 $5,000. However, if at least $2,850,000 is appropriated in a

25 given fiscal year for the Minority Teachers of Illinois

26 scholarship program, then, in each fiscal year thereafter,
    SB2394 Enrolled  - 1681 - LRB104 09208 AMC 19265 b

1 each scholarship awarded under this Section shall be in an

2 amount sufficient to pay the tuition and fees and room and

3 board costs of the qualified Illinois institution of higher

4 learning at which the recipient is enrolled, up to an annual

5 maximum of $7,500; except that in the case of a recipient who

6 does not reside on-campus at the institution at which he or she

7 is enrolled, the amount of the scholarship shall be sufficient

8 to pay tuition and fee expenses and a commuter allowance, up to

9 an annual maximum of $7,500.

10  (d) The total amount of minority teacher scholarship

11 assistance awarded by the Commission under this Section to an

12 individual in any given fiscal year, when added to other

13 financial assistance awarded to that individual for that year,

14 shall not exceed the cost of attendance at the institution at

15 which the student is enrolled. If the amount of a minority

16 teacher scholarship to be awarded to a qualified student as

17 provided in subsection (c) of this Section exceeds the cost of

18 attendance at the institution at which the student is

19 enrolled, the minority teacher scholarship shall be reduced by

20 an amount equal to the amount by which the combined financial

21 assistance available to the student exceeds the cost of

22 attendance.

23  (e) The maximum number of academic terms for which a

24 qualified student can receive minority teacher scholarship

25 assistance shall be 8 semesters or 12 quarters.

26  (f) In any academic year for which an eligible applicant
    SB2394 Enrolled            - 1682 - LRB104 09208 AMC 19265 b

1 under this Section accepts financial assistance through the

2 Paul Douglas Teacher Scholarship Program, as authorized by

3 Section 551 et seq. of the Higher Education Act of 1965, the

4 applicant shall not be eligible for scholarship assistance

5 awarded under this Section.

6   (g) All applications for minority teacher scholarships to

7 be awarded under this Section shall be made to the Commission

8 on forms which the Commission shall provide for eligible

9 applicants. The form of applications and the information

10 required to be set forth therein shall be determined by the

11 Commission, and the Commission shall require eligible

12 applicants to submit with their applications such supporting

13 documents or recommendations as the Commission deems

14 necessary.

15  (h) Subject to a separate appropriation for such purposes,

16 payment of any minority teacher scholarship awarded under this

17 Section shall be determined by the Commission. All scholarship

18 funds distributed in accordance with this subsection shall be

19 paid to the institution and used only for payment of the

20 tuition and fee and room and board expenses incurred by the

21 student in connection with his or her attendance at a

22 qualified Illinois institution of higher learning. Any

23 minority teacher scholarship awarded under this Section shall

24 be applicable to 2 semesters or 3 quarters of enrollment. If a

25 qualified student withdraws from enrollment prior to

26 completion of the first semester or quarter for which the
    SB2394 Enrolled     - 1683 - LRB104 09208 AMC 19265 b

1 minority teacher scholarship is applicable, the school shall

2 refund to the Commission the full amount of the minority

3 teacher scholarship.

4   (i) The Commission shall administer the minority teacher

5 scholarship aid program established by this Section and shall

6 make all necessary and proper rules not inconsistent with this

7 Section for its effective implementation.

8   (j) When an appropriation to the Commission for a given

9 fiscal year is insufficient to provide scholarships to all

10 qualified students, the Commission shall allocate the

11 appropriation in accordance with this subsection. If funds are

12 insufficient to provide all qualified students with a

13 scholarship as authorized by this Section, the Commission

14 shall allocate the available scholarship funds for that fiscal

15 year to qualified students who submit a complete application

16 form on or before a date specified by the Commission based on

17 the following order of priority:

18  (1) To students who received a scholarship under this

19  Section in the prior academic year and who remain eligible

20  for a minority teacher scholarship under this Section.

21  (2) Except as otherwise provided in subsection (k), to

22  students who demonstrate financial need, as determined by

23  the Commission.

24  (k) Notwithstanding paragraph (2) of subsection (j), at

25 least 35% of the funds appropriated for scholarships awarded

26 under this Section in each fiscal year shall be reserved for
    SB2394 Enrolled  - 1684 - LRB104 09208 AMC 19265 b

1 qualified male minority applicants, with priority being given

2 to qualified Black male applicants beginning with fiscal year

3 2023. If the Commission does not receive enough applications

4 from qualified male minorities on or before January 1 of each

5 fiscal year to award 35% of the funds appropriated for these

6 scholarships to qualified male minority applicants, then the

7 Commission may award a portion of the reserved funds to

8 qualified female minority applicants in accordance with

9 subsection (j).

10  Beginning with fiscal year 2023, if at least $2,850,000

11 but less than $4,200,000 is appropriated in a given fiscal

12 year for scholarships awarded under this Section, then at

13 least 10% of the funds appropriated shall be reserved for

14 qualified bilingual minority applicants, with priority being

15 given to qualified bilingual minority applicants who are

16 enrolled in an educator preparation program with a

17 concentration in bilingual, bicultural education. Beginning

18 with fiscal year 2023, if at least $4,200,000 is appropriated

19 in a given fiscal year for the Minority Teachers of Illinois

20 scholarship program, then at least 30% of the funds

21 appropriated shall be reserved for qualified bilingual

22 minority applicants, with priority being given to qualified

23 bilingual minority applicants who are enrolled in an educator

24 preparation program with a concentration in bilingual,

25 bicultural education. Beginning with fiscal year 2023, if at

26 least $2,850,000 is appropriated in a given fiscal year for
   SB2394 Enrolled  - 1685 - LRB104 09208 AMC 19265 b

1 scholarships awarded under this Section but the Commission

2 does not receive enough applications from qualified bilingual

3 minority applicants on or before January 1 of that fiscal year

4 to award at least 10% of the funds appropriated to qualified

5 bilingual minority applicants, then the Commission may, in its

6 discretion, award a portion of the reserved funds to other

7 qualified students in accordance with subsection (j).

8  (l) Prior to receiving scholarship assistance for any

9 academic year, each recipient of a minority teacher

10 scholarship awarded under this Section shall be required by

11 the Commission to sign an agreement under which the recipient

12 pledges that, within the one-year period following the

13 termination of the program for which the recipient was awarded

14 a minority teacher scholarship, the recipient (i) shall begin

15 teaching for a period of not less than one year for each year

16 of scholarship assistance he or she was awarded under this

17 Section; (ii) shall fulfill this teaching obligation at a

18 nonprofit Illinois public, private, or parochial preschool,

19 elementary school, or secondary school at which no less than

20 30% of the enrolled students are minority students in the year

21 during which the recipient begins teaching at the school or

22 may instead, if the recipient received a scholarship as a

23 qualified bilingual minority applicant, fulfill this teaching

24 obligation in a program in transitional bilingual education

25 pursuant to Article 14C of the School Code or in a school in

26 which 20 or more English learner students in the same language
    SB2394 Enrolled  - 1686 - LRB104 09208 AMC 19265 b

1 classification are enrolled; and (iii) shall, upon request by

2 the Commission, provide the Commission with evidence that he

3 or she is fulfilling or has fulfilled the terms of the teaching

4 agreement provided for in this subsection.

5   (m) If a recipient of a minority teacher scholarship

6 awarded under this Section fails to fulfill the teaching

7 obligation set forth in subsection (l) of this Section, the

8 Commission shall require the recipient to repay the amount of

9 the scholarships received, prorated according to the fraction

10 of the teaching obligation not completed, at a rate of

11 interest equal to 5%, and, if applicable, reasonable

12 collection fees. If a recipient who enters into repayment

13 under this subsection (m) subsequently, within 5 years of

14 entering repayment, begins to teach at a school meeting the

15 description under subsection (l) of this Section, the

16 Commission may reduce the amount owed by the recipient in

17 proportion to the amount of the teaching obligation completed.

18 The Commission is authorized to establish rules relating to

19 its collection activities for repayment of scholarships under

20 this Section. All repayments collected under this Section

21 shall be forwarded to the State Comptroller for deposit into

22 the State's General Revenue Fund.

23  (n) A recipient of minority teacher scholarship shall not

24 be considered in violation of the agreement entered into

25 pursuant to subsection (l) if the recipient (i) enrolls on a

26 full time basis as a graduate student in a course of study
    SB2394 Enrolled  - 1687 - LRB104 09208 AMC 19265 b

1 related to the field of teaching at a qualified Illinois

2 institution of higher learning; (ii) is serving, not in excess

3 of 3 years, as a member of the armed services of the United

4 States; (iii) is a person with a temporary total disability

5 for a period of time not to exceed 3 years as established by

6 sworn affidavit of a qualified physician; (iv) is seeking and

7 unable to find full time employment as a teacher at an Illinois

8 public, private, or parochial preschool or elementary or

9 secondary school that satisfies the criteria set forth in

10 subsection (l) of this Section and is able to provide evidence

11 of that fact; (v) becomes a person with a permanent total

12 disability as established by sworn affidavit of a qualified

13 physician; (vi) is taking additional courses, on at least a

14 half-time basis, needed to obtain licensure as a teacher in

15 Illinois; or (vii) is fulfilling teaching requirements

16 associated with other programs administered by the Commission

17 and cannot concurrently fulfill them under this Section in a

18 period of time equal to the length of the teaching obligation.

19  (o) Scholarship recipients under this Section who withdraw

20 from a program of teacher education but remain enrolled in

21 school to continue their postsecondary studies in another

22 academic discipline shall not be required to commence

23 repayment of their Minority Teachers of Illinois scholarship

24 so long as they remain enrolled in school on a full-time basis

25 or if they can document for the Commission special

26 circumstances that warrant extension of repayment.
    SB2394 Enrolled      - 1688 - LRB104 09208 AMC 19265 b

1   (p) If the Minority Teachers of Illinois scholarship

2 program does not expend at least 90% of the amount

3 appropriated for the program in a given fiscal year for 3

4 consecutive fiscal years and the Commission does not receive

5 enough applications from the groups identified in subsection

6 (k) on or before January 1 in each of those fiscal years to

7 meet the percentage reserved for those groups under subsection

8 (k), then up to 3% of amount appropriated for the program for

9 each of next 3 fiscal years shall be allocated to increasing

10 awareness of the program and for the recruitment of Black male

11 applicants. The Commission shall make a recommendation to the

12 General Assembly by January 1 of the year immediately

13 following the end of that third fiscal year regarding whether

14 the amount allocated to increasing awareness and recruitment

15 should continue.

16  (q) Each qualified Illinois institution of higher learning

17 that receives funds from the Minority Teachers of Illinois

18 scholarship program shall host an annual information session

19 at the institution about the program for teacher candidates of

20 color in accordance with rules adopted by the Commission.

21 Additionally, the institution shall ensure that each

22 scholarship recipient enrolled at the institution meets with

23 an academic advisor at least once per academic year to

24 facilitate on-time completion of the recipient's educator

25 preparation program.

26  (r) The changes made to this Section by Public Act 101-654
    SB2394 Enrolled    - 1689 - LRB104 09208 AMC 19265 b

1 will first take effect with awards made for the 2022-2023
2 academic year.
3 (Source: P.A. 102-465, eff. 1-1-22; 102-813, eff. 5-13-22;
4 102-1100, eff. 1-1-23; 103-448, eff. 8-4-23; revised 7-19-24.)

5   (110 ILCS 947/52)

6   Sec. 52. Golden Apple Scholars of Illinois Program; Golden

7 Apple Foundation for Excellence in Teaching.

8   (a) In this Section, "Foundation" means the Golden Apple

9 Foundation for Excellence in Teaching, a registered 501(c)(3)

10 not-for-profit corporation.

11  (a-2) In order to encourage academically talented Illinois

12 students, especially minority students, to pursue teaching

13 careers, especially in teacher shortage disciplines (which

14 shall be defined to include early childhood education) or at

15 hard-to-staff schools (as defined by the Commission in

16 consultation with the State Board of Education), to provide

17 those students with the crucial mentoring, guidance, and

18 in-service support that will significantly increase the

19 likelihood that they will complete their full teaching

20 commitments and elect to continue teaching in targeted

21 disciplines and hard-to-staff schools, and to ensure that

22 students in this State will continue to have access to a pool

23 of highly qualified highly-qualified teachers, each qualified

24 student shall be awarded a Golden Apple Scholars of Illinois

25 Program scholarship to any Illinois institution of higher
    SB2394 Enrolled  - 1690 - LRB104 09208 AMC 19265 b

1 learning. The Commission shall administer the Golden Apple

2 Scholars of Illinois Program, which shall be managed by the

3 Foundation pursuant to the terms of a grant agreement meeting

4 the requirements of Section 4 of the Illinois Grant Funds

5 Recovery Act.

6   (a-3) For purposes of this Section, a qualified student

7 shall be a student who meets the following qualifications:

8   (1) is a resident of this State and a citizen or

9   eligible noncitizen of the United States;

10  (2) is a high school graduate or a person who has

11  received a State of Illinois High School Diploma;

12  (3) is enrolled or accepted, on at least a half-time

13  basis, at an institution of higher learning;

14  (4) is pursuing a postsecondary course of study

15  leading to initial certification or pursuing additional

16  course work needed to gain State Board of Education

17  approval to teach, including alternative teacher

18  licensure; and

19  (5) is a participant in programs managed by and is

20  approved to receive a scholarship from the Foundation.

21  (a-5) (Blank).

22  (b) (Blank).

23  (b-5) Funds designated for the Golden Apple Scholars of

24 Illinois Program shall be used by the Commission for the

25 payment of scholarship assistance under this Section or for

26 the award of grant funds, subject to the Illinois Grant Funds
    SB2394 Enrolled  - 1691 - LRB104 09208 AMC 19265 b

1 Recovery Act, to the Foundation. Subject to appropriation,

2 awards of grant funds to the Foundation shall be made on an

3 annual basis and following an application for grant funds by

4 the Foundation.

5   (b-10) Each year, the Foundation shall include in its

6 application to the Commission for grant funds an estimate of

7 the amount of scholarship assistance to be provided to

8 qualified students during the grant period. Any amount of

9 appropriated funds exceeding the estimated amount of

10 scholarship assistance may be awarded by the Commission to the

11 Foundation for management expenses expected to be incurred by

12 the Foundation in providing the mentoring, guidance, and

13 in-service supports that will increase the likelihood that

14 qualified students will complete their teaching commitments

15 and elect to continue teaching in hard-to-staff schools. If

16 the estimate of the amount of scholarship assistance described

17 in the Foundation's application is less than the actual amount

18 required for the award of scholarship assistance to qualified

19 students, the Foundation shall be responsible for using

20 awarded grant funds to ensure all qualified students receive

21 scholarship assistance under this Section.

22  (b-15) All grant funds not expended or legally obligated

23 within the time specified in a grant agreement between the

24 Foundation and the Commission shall be returned to the

25 Commission within 45 days. Any funds legally obligated by the

26 end of a grant agreement shall be liquidated within 45 days or
    SB2394 Enrolled  - 1692 - LRB104 09208 AMC 19265 b

1 otherwise returned to the Commission within 90 days after the

2 end of the grant agreement that resulted in the award of grant

3 funds.

4   (c) Each scholarship awarded under this Section shall be

5 in an amount sufficient to pay the tuition and fees and room

6 and board costs of the Illinois institution of higher learning

7 at which the recipient is enrolled, up to an annual maximum of

8 $5,000; except that, in the case of a recipient who does not

9 reside on campus at the institution of higher learning at

10 which he or she is enrolled, the amount of the scholarship

11 shall be sufficient to pay tuition and fee expenses and a

12 commuter allowance, up to an annual maximum of $5,000. All

13 scholarship funds distributed in accordance with this Section

14 shall be paid to the institution on behalf of recipients.

15  (d) The total amount of scholarship assistance awarded by

16 the Commission under this Section to an individual in any

17 given fiscal year, when added to other financial assistance

18 awarded to that individual for that year, shall not exceed the

19 cost of attendance at the institution of higher learning at

20 which the student is enrolled. In any academic year for which a

21 qualified student under this Section accepts financial

22 assistance through any other teacher scholarship program

23 administered by the Commission, a qualified student shall not

24 be eligible for scholarship assistance awarded under this

25 Section.

26  (e) A recipient may receive up to 8 semesters or 12
    SB2394 Enrolled  - 1693 - LRB104 09208 AMC 19265 b

1 quarters of scholarship assistance under this Section.

2 Scholarship funds are applicable toward 2 semesters or 3

3 quarters of enrollment each academic year.

4   (f) All applications for scholarship assistance to be

5 awarded under this Section shall be made to the Foundation in a

6 form determined by the Foundation. Each year, the Foundation

7 shall notify the Commission of the individuals awarded

8 scholarship assistance under this Section. Each year, at least

9 30% of the Golden Apple Scholars of Illinois Program

10 scholarships shall be awarded to students residing in counties

11 having a population of less than 500,000.

12  (g) (Blank).

13  (h) The Commission shall administer the payment of

14 scholarship assistance provided through the Golden Apple

15 Scholars of Illinois Program and shall make all necessary and

16 proper rules not inconsistent with this Section for the

17 effective implementation of this Section.

18  (i) Prior to receiving scholarship assistance for any

19 academic year, each recipient of a scholarship awarded under

20 this Section shall be required by the Foundation to sign an

21 agreement under which the recipient pledges that, within the

22 2-year period following the termination of the academic

23 program for which the recipient was awarded a scholarship, the

24 recipient: (i) shall begin teaching for a period of not less

25 than 5 years, (ii) shall fulfill this teaching obligation at a

26 nonprofit Illinois public, private, or parochial preschool or
    SB2394 Enrolled  - 1694 - LRB104 09208 AMC 19265 b

1 an Illinois public elementary or secondary school that

2 qualifies for teacher loan cancellation under Section

3 465(a)(2)(A) of the federal Higher Education Act of 1965 (20

4 U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed

5 eligible for fulfilling the teaching commitment as designated

6 by the Foundation, and (iii) shall, upon request of the

7 Foundation, provide the Foundation with evidence that he or

8 she is fulfilling or has fulfilled the terms of the teaching

9 agreement provided for in this subsection. Upon request, the

10 Foundation shall provide evidence of teacher fulfillment to

11 the Commission.

12  (j) If a recipient of a scholarship awarded under this

13 Section fails to fulfill the teaching obligation set forth in

14 subsection (i) of this Section, the Commission shall require

15 the recipient to repay the amount of the scholarships

16 received, prorated according to the fraction of the teaching

17 obligation not completed, plus interest at a rate of 5% and, if

18 applicable, reasonable collection fees. If a recipient who

19 enters into repayment under this subsection (j) subsequently,

20 within 5 years of entering repayment, begins to teach at a

21 school meeting the description under subsection (i) of this

22 Section, the Commission may reduce the amount owed by the

23 recipient in proportion to the amount of the teaching

24 obligation completed. Reduction of the amount owed shall not

25 be construed as reinstatement in the Golden Apple Scholars

26 program. Reinstatement in the program shall be solely at the
    SB2394 Enrolled  - 1695 - LRB104 09208 AMC 19265 b

1 discretion of the Golden Apple Foundation on terms determined

2 by the Foundation. Payments received by the Commission under

3 this subsection (j) shall be remitted to the State Comptroller

4 for deposit into the General Revenue Fund, except that that

5 portion of a recipient's repayment that equals the amount in

6 expenses that the Commission has reasonably incurred in

7 attempting collection from that recipient shall be remitted to

8 the State Comptroller for deposit into the ISAC Accounts

9 Receivable Fund, a special fund in the State treasury.

10  (k) A recipient of a scholarship awarded by the Foundation

11 under this Section shall not be considered to have failed to

12 fulfill the teaching obligations of the agreement entered into

13 pursuant to subsection (i) if the recipient (i) enrolls on a

14 full-time basis as a graduate student in a course of study

15 related to the field of teaching at an institution of higher

16 learning; (ii) is serving as a member of the armed services of

17 the United States; (iii) is a person with a temporary total

18 disability, as established by sworn affidavit of a qualified

19 physician; (iv) is seeking and unable to find full-time

20 employment as a teacher at a school that satisfies the

21 criteria set forth in subsection (i) and is able to provide

22 evidence of that fact; (v) is taking additional courses, on at

23 least a half-time basis, needed to obtain certification as a

24 teacher in Illinois; (vi) is fulfilling teaching requirements

25 associated with other programs administered by the Commission

26 and cannot concurrently fulfill them under this Section in a
    SB2394 Enrolled         - 1696 - LRB104 09208 AMC 19265 b

1 period of time equal to the length of the teaching obligation;

2 or (vii) is participating in a program established under

3 Executive Order 10924 of the President of the United States or

4 the federal National Community Service Act of 1990 (42 U.S.C.

5 12501 et seq.). Any such extension of the period during which

6 the teaching requirement must be fulfilled shall be subject to

7 limitations of duration as established by the Commission.

8   (l) A recipient who fails to fulfill the teaching

9 obligations of the agreement entered into pursuant to

10 subsection (i) of this Section shall repay the amount of

11 scholarship assistance awarded to them under this Section

12 within 10 years.

13  (m) Annually, at a time determined by the Commission in

14 consultation with the Foundation, the Foundation shall submit

15 a report to assist the Commission in monitoring the

16 Foundation's performance of grant activities. The report shall

17 describe the following:

18  (1) the Foundation's anticipated expenditures for the

19  next fiscal year;

20  (2) the number of qualified students receiving

21  scholarship assistance at each institution of higher

22  learning where a qualified student was enrolled under this

23  Section during the previous fiscal year;

24  (3) the total monetary value of scholarship funds paid

25  to each institution of higher learning at which a

26  qualified student was enrolled during the previous fiscal
    SB2394 Enrolled  - 1697 - LRB104 09208 AMC 19265 b

1   year;

2   (4) the number of scholarship recipients who completed

3   a baccalaureate degree during the previous fiscal year;

4   (5) the number of scholarship recipients who fulfilled

5   their teaching obligation during the previous fiscal year;

6   (6) the number of scholarship recipients who failed to

7   fulfill their teaching obligation during the previous

8   fiscal year;

9   (7) the number of scholarship recipients granted an

10  extension described in subsection (k) of this Section

11  during the previous fiscal year;

12  (8) the number of scholarship recipients required to

13  repay scholarship assistance in accordance with subsection

14  (j) of this Section during the previous fiscal year;

15  (9) the number of scholarship recipients who

16  successfully repaid scholarship assistance in full during

17  the previous fiscal year;

18  (10) the number of scholarship recipients who

19  defaulted on their obligation to repay scholarship

20  assistance during the previous fiscal year;

21  (11) the amount of scholarship assistance subject to

22  collection in accordance with subsection (j) of this

23  Section at the end of the previous fiscal year;

24  (12) the amount of collected funds to be remitted to

25  the Comptroller in accordance with subsection (j) of this

26  Section at the end of the previous fiscal year; and
    SB2394 Enrolled            - 1698 - LRB104 09208 AMC 19265 b

1   (13) other information that the Commission may

2   reasonably request.

3   (n) Nothing in this Section shall affect the rights of the

4 Commission to collect moneys owed to it by recipients of

5 scholarship assistance through the Illinois Future Teacher

6 Corps Program, repealed by Public Act 98-533.

7   (o) The Auditor General shall prepare an annual audit of

8 the operations and finances of the Golden Apple Scholars of

9 Illinois Program. This audit shall be provided to the

10 Governor, General Assembly, and the Commission.

11  (p) The suspension of grant making authority found in

12 Section 4.2 of the Illinois Grant Funds Recovery Act shall not

13 apply to grants made pursuant to this Section.

14 (Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23;

15 103-154, eff. 6-30-23; 103-448, eff. 8-4-23; revised

16 10-16-24.)

17  (110 ILCS 947/65.125)

18  Sec. 65.125. Early Childhood Access Consortium for Equity

19 Scholarship Program.

20  (a) As used in this Section, "incumbent workforce" has the

21 meaning ascribed to that term in the Early Childhood Access

22 Consortium for Equity Act.

23  (b) Subject to appropriation, the Commission shall

24 implement and administer an early childhood educator

25 scholarship program, to be known as the Early Childhood Access
    SB2394 Enrolled            - 1699 - LRB104 09208 AMC 19265 b

1 Consortium for Equity Scholarship Program. Under the Program,

2 the Commission shall annually award scholarships to early

3 childhood education students enrolled in institutions of

4 higher education participating in the Early Childhood Access

5 Consortium for Equity under the Early Childhood Access

6 Consortium for Equity Act with preference given to members of

7 the incumbent workforce.

8   (c) To ensure alignment with Consortium goals and changing

9 workforce needs, the Commission shall work in partnership with

10 the Board of Higher Education and the Illinois Community

11 College Board in program design, and the Board of Higher

12 Education and the Illinois Community College Board shall

13 solicit feedback from the Consortium advisory committee

14 established under Section 25 of the Early Childhood Access

15 Consortium for Equity Act.

16  (d) In awarding a scholarship under this Section, the

17 Commission may give preference to applicants who received a

18 scholarship under this Section during the prior academic year,

19 to applicants with financial need, or both.

20  (e) Prior to receiving scholarship assistance for any

21 academic year, each recipient of a scholarship awarded under

22 this Section shall be required by the Commission to sign an

23 agreement under which the recipient pledges to continue or

24 return to teaching or direct services in the early childhood

25 care and education field in this State after they complete

26 their program of study.
    SB2394 Enrolled        - 1700 - LRB104 09208 AMC 19265 b

1   (f) The Commission may adopt any rules necessary to

2 implement and administer the Program.

3 (Source: P.A. 103-588, eff. 6-5-24.)

4   (110 ILCS 947/65.130)

5   Sec. 65.130 65.125. Journalism Student Scholarship

6 Program.

7   (a) As used in this Section, "local news organization" has

8 the meaning given to that term in the Strengthening Community

9 Media Act.

10  (b) In order to encourage academically talented Illinois

11 students to pursue careers in journalism, especially in

12 underserved areas of the State, and to provide those students

13 with financial assistance to increase the likelihood that they

14 will complete their full academic commitment and elect to

15 remain in Illinois to pursue a career in journalism, subject

16 to appropriation, not sooner than the 2025-2026 academic year,

17 the Commission shall implement and administer the Journalism

18 Student Scholarship Program. The Commission shall annually

19 award scholarships to persons preparing to work in Illinois,

20 with preference given to those preparing to work in

21 underserved areas. These scholarships shall be awarded to

22 individuals who make application to the Commission and agree

23 to sign an agreement under which the recipient pledges that,

24 within the 2-year period following the termination of the

25 academic program for which the recipient was awarded a
    SB2394 Enrolled           - 1701 - LRB104 09208 AMC 19265 b

1 scholarship, the recipient shall:

2   (1) begin working in journalism in this State for a

3   period of not less than 2 years;

4   (2) fulfill this obligation at local news

5   organization; and

6   (3) upon request of the Commission, provide the

7   Commission with evidence that the recipient is fulfilling

8   or has fulfilled the terms of the teaching agreement

9   provided for in this subsection.

10  (c) An eligible student is a student who meets the

11 following qualifications:

12  (1) is a resident of this State and a citizen or

13  eligible noncitizen of the United States;

14  (2) is a high school graduate or a person who has

15  received an Illinois high school diploma;

16  (3) is enrolled or accepted, on at least a half-time

17  basis, at an institution of higher learning; and

18  (4) is pursuing a postsecondary course of study

19  leading to a career in journalism or a similar field.

20  (d) Each scholarship shall be used by the recipient for

21 the payment of tuition and fees at an institution of higher

22 learning.

23  (e) The Commission shall administer the Program and shall

24 adopt all necessary and proper rules not inconsistent with

25 this Section for its effective implementation.

26 (Source: P.A. 103-1021, eff. 1-1-25; revised 12-3-24.)
    SB2394 Enrolled      - 1702 - LRB104 09208 AMC 19265 b

1   Section 705. The Student Loan Servicing Rights Act is

2 amended by changing Section 5-70 as follows:

3   (110 ILCS 992/5-70)

4   Sec. 5-70. Cosigner release rights.

5   (a) A servicer may not impose any restriction that

6 permanently bars a borrower from qualifying for cosigner

7 release, including restricting the number of times a borrower

8 may apply for cosigner release.

9   (b) A servicer may not impose any negative consequences on

10 a borrower or cosigner during the 60 days following the

11 issuance of the notice required pursuant to subsection (c) of

12 Section 5-50 of this Act or until the servicer makes a final

13 determination about a borrower's cosigner release application,

14 whichever occurs later. As used in this subsection (b),

15 "negative consequences" includes the imposition of additional

16 eligibility criteria, negative credit reporting, lost

17 eligibility or cosigner release, late fees, interest

18 capitalization, or other financial injury.

19  (c) For any private education loan issued on or after

20 August 2, 2024 (the effective date of Public Act 103-748) this

21 amendatory Act of the 103rd General Assembly, a servicer may

22 not require proof of more than 12 consecutive, on-time

23 payments as part of the criteria for cosigner release. A

24 borrower who has paid the equivalent of 12 months of principal
    SB2394 Enrolled  - 1703 - LRB104 09208 AMC 19265 b

1 and interest payments within any 12-month period is deemed to

2 have satisfied the consecutive, on-time payment requirement

3 even if the borrower has not made payments monthly during the

4 12-month period. If a borrower or cosigner requests a change

5 in terms that restarts the count of consecutive, on-time

6 payments required for cosigner release, the servicer shall

7 notify the borrower and cosigner in writing of the impact of

8 the change and provide the borrower and cosigner with the

9 right to withdraw or reverse the request to avoid the impact.

10  (d) A borrower may request an appeal of a servicer's

11 determination to deny a request for cosigner release, and the

12 servicer shall permit the borrower to submit additional

13 documentation evidencing the borrower's ability, willingness,

14 and stability to meet the payment obligations. The borrower

15 may request that another employee of the servicer review the

16 cosigner release determination.

17  (e) A servicer shall establish and maintain a

18 comprehensive record management system reasonably designed to

19 ensure the accuracy, integrity, and completeness of

20 information about cosigner release applications and to ensure

21 compliance with applicable State and federal laws. The system

22 must include the number of cosigner release cosigner-release

23 applications received, the approval and denial rate, and the

24 primary reasons for any denial.

25 (Source: P.A. 103-748, eff. 8-2-24; revised 10-21-24.)
    SB2394 Enrolled        - 1704 - LRB104 09208 AMC 19265 b

1   Section 710. The Workforce Development through Charitable

2 Loan Repayment Act is amended by changing Section 10-1 as

3 follows:

4   (110 ILCS 998/10-1)

5   Sec. 10-1. Short title. This Article Act may be cited as

6 the Workforce Development through Charitable Loan Repayment

7 Act. References in this Article to "this Act" mean this

8 Article.

9 (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)

10  Section 715. The Illinois Educational Labor Relations Act

11 is amended by changing Section 5 as follows:

12  (115 ILCS 5/5) (from Ch. 48, par. 1705)

13  Sec. 5. Illinois Educational Labor Relations Board.

14  (a) There is hereby created the Illinois Educational Labor

15 Relations Board.

16  (a-5) Until July 1, 2003 or when all of the new members to

17 be initially appointed under Public Act 93-509 this amendatory

18 Act of the 93rd General Assembly have been appointed by the

19 Governor, whichever occurs later, the Illinois Educational

20 Labor Relations Board shall consist of 7 members, no more than

21 4 of whom may be of the same political party, who are residents

22 of Illinois appointed by the Governor with the advice and

23 consent of the Senate.
    SB2394 Enrolled  - 1705 - LRB104 09208 AMC 19265 b

1   The term of each appointed member of the Board who is in

2 office on June 30, 2003 shall terminate at the close of

3 business on that date or when all of the new members to be

4 initially appointed under Public Act 93-509 this amendatory

5 Act of the 93rd General Assembly have been appointed by the

6 Governor, whichever occurs later.

7   (b) Beginning on July 1, 2003 or when all of the new

8 members to be initially appointed under this amendatory Act of

9 the 93rd General Assembly have been appointed by the Governor,

10 whichever occurs later, the Illinois Educational Labor

11 Relations Board shall consist of 5 members appointed by the

12 Governor with the advice and consent of the Senate. No more

13 than 3 members may be of the same political party.

14  The Governor shall appoint to the Board only persons who

15 are residents of Illinois and have had a minimum of 5 years of

16 experience directly related to labor and employment relations

17 in representing educational employers or educational employees

18 in collective bargaining matters. One appointed member shall

19 be designated at the time of his or her appointment to serve as

20 chairman.

21  Of the initial members appointed pursuant to Public Act

22 93-509 this amendatory Act of the 93rd General Assembly, 2

23 shall be designated at the time of appointment to serve a term

24 of 6 years, 2 shall be designated at the time of appointment to

25 serve a term of 4 years, and the other shall be designated at

26 the time of his or her appointment to serve a term of 4 years,
    SB2394 Enrolled     - 1706 - LRB104 09208 AMC 19265 b

1 with each to serve until his or her successor is appointed and

2 qualified.

3   Each subsequent member shall be appointed in like manner

4 for a term of 6 years and until his or her successor is

5 appointed and qualified. Each member of the Board is eligible

6 for reappointment. Vacancies shall be filled in the same

7 manner as original appointments for the balance of the

8 unexpired term.

9   (c) The chairman shall be paid $50,000 per year, or an

10 amount set by the Compensation Review Board, whichever is

11 greater. Other members of the Board shall each be paid $45,000

12 per year, or an amount set by the Compensation Review Board,

13 whichever is greater. They shall be entitled to reimbursement

14 for necessary traveling and other official expenditures

15 necessitated by their official duties.

16  Each member shall devote his entire time to the duties of

17 the office, and shall hold no other office or position of

18 profit, nor engage in any other business, employment, or

19 vocation.

20  (d) Three members of the Board constitute a quorum and a

21 vacancy on the Board does not impair the right of the remaining

22 members to exercise all of the powers of the Board.

23  (e) Any member of the Board may be removed by the Governor,

24 upon notice, for neglect of duty or malfeasance in office, but

25 for no other cause.

26  (f) The Board may appoint or employ an executive director,
    SB2394 Enrolled  - 1707 - LRB104 09208 AMC 19265 b

1 attorneys, hearing officers, and such other employees as it

2 deems necessary to perform its functions, except that the

3 Board shall employ a minimum of 8 attorneys and 5

4 investigators. The Board shall prescribe the duties and

5 qualifications of such persons appointed and, subject to the

6 annual appropriation, fix their compensation and provide for

7 reimbursement of actual and necessary expenses incurred in the

8 performance of their duties.

9   (g) The Board may promulgate rules and regulations which

10 allow parties in proceedings before the Board to be

11 represented by counsel or any other person knowledgeable in

12 the matters under consideration.

13  (h) To accomplish the objectives and to carry out the

14 duties prescribed by this Act, the Board may subpoena

15 witnesses, subpoena the production of books, papers, records,

16 and documents which may be needed as evidence on any matter

17 under inquiry and may administer oaths and affirmations.

18  In cases of neglect or refusal to obey a subpoena issued to

19 any person, the circuit court in the county in which the

20 investigation or the public hearing is taking place, upon

21 application by the Board, may issue an order requiring such

22 person to appear before the Board or any member or agent of the

23 Board to produce evidence or give testimony. A failure to obey

24 such order may be punished by the court as in civil contempt.

25  Any subpoena, notice of hearing, or other process or

26 notice of the Board issued under the provisions of this Act may
    SB2394 Enrolled          - 1708 - LRB104 09208 AMC 19265 b

1 be served by one of the methods permitted in the Board's rules.

2   (i) The Board shall adopt, promulgate, amend, or rescind

3 rules and regulations in accordance with the Illinois

4 Administrative Procedure Act as it deems necessary and

5 feasible to carry out this Act.

6   (j) The Board at the end of every State fiscal year shall

7 make a report in writing to the Governor and the General

8 Assembly, stating in detail the work it has done to carry out

9 the policy of the Act in hearing and deciding cases and

10 otherwise. The Board's report shall include:

11  (1) the number of unfair labor practice charges filed

12  during the fiscal year;

13  (2) the number of unfair labor practice charges

14  resolved during the fiscal year;

15  (3) the total number of unfair labor charges pending

16  before the Board at the end of the fiscal year;

17  (4) the number of unfair labor charge cases at the end

18  of the fiscal year that have been pending before the Board

19  between 1 and 100 days, 101 and 150 days, 151 and 200 days,

20  201 and 250 days, 251 and 300 days, 301 and 350 days, 351

21  and 400 days, 401 and 450 days, 451 and 500 days, 501 and

22  550 days, 551 and 600 days, 601 and 650 days, 651 and 700

23  days, and over 701 days;

24  (5) the number of representation cases and unit

25  clarification cases filed during the fiscal year;

26  (6) the number of representation cases and unit
    SB2394 Enrolled   - 1709 - LRB104 09208 AMC 19265 b

1   clarification cases resolved during the fiscal year;

2        (7) the total number of representation cases and unit

3   clarification cases pending before the Board at the end of

4   the fiscal year;

5        (8) the number of representation cases and unit

6   clarification cases at the end of the fiscal year that

7   have been pending before the Board between 1 and 120 days,

8   121 and 180 days, and over 180 days; and

9        (9) the Board's progress in meeting the timeliness

10  goals established pursuant to the criteria in Section 15

11  of this Act; the report shall include, but is not limited

12  to:

13       (A) the average number of days taken to complete

14       investigations and issue complaints, dismissals, or

15       deferrals;

16       (B) the average number of days taken for the Board

17       to issue decisions on appeals of dismissals or

18       deferrals;

19       (C) the average number of days taken to schedule a

20       hearing on complaints once issued;

21       (D) the average number of days taken to issue a

22       recommended decision and order once the record is

23       closed;

24       (E) the average number of days taken for the Board

25       to issue final decisions on recommended decisions when

26       where exceptions have been filed;
    SB2394 Enrolled   - 1710 - LRB104 09208 AMC 19265 b

1          (F) the average number of days taken for the Board

2          to issue final decisions decision on recommended

3          decisions when no exceptions have been filed; and

4          (G) in cases where the Board was unable to meet the

5          timeliness goals established in Section 15, an

6          explanation as to why the goal was not met.

7 (Source: P.A. 102-797, eff. 1-1-23; 103-856, eff. 1-1-25;

8 revised 11-22-24.)

9   Section 720. The Illinois Banking Act is amended by

10 changing Section 2 as follows:

11  (205 ILCS 5/2) (from Ch. 17, par. 302)

12  Sec. 2. General definitions. In this Act, unless the

13 context otherwise requires, the following words and phrases

14 shall have the following meanings:

15  "Accommodation party" shall have the meaning ascribed to

16 that term in Section 3-419 of the Uniform Commercial Code.

17  "Action" in the sense of a judicial proceeding includes

18 recoupments, counterclaims, set-off, and any other proceeding

19 in which rights are determined.

20  "Affiliate facility" of a bank means a main banking

21 premises or branch of another commonly owned bank. The main

22 banking premises or any branch of a bank may be an "affiliate

23 facility" with respect to one or more other commonly owned

24 banks.
   SB2394 Enrolled            - 1711 - LRB104 09208 AMC 19265 b

1  "Appropriate federal banking agency" means the Federal

2 Deposit Insurance Corporation, the Federal Reserve Bank of

3 Chicago, or the Federal Reserve Bank of St. Louis, as

4 determined by federal law.

5  "Bank" means any person doing a banking business whether

6 subject to the laws of this or any other jurisdiction.

7  A "banking house", "branch", "branch bank", or "branch

8 office" shall mean any place of business of a bank at which

9 deposits are received, checks paid, or loans made, but shall

10 not include any place at which only records thereof are made,

11 posted, or kept. A place of business at which deposits are

12 received, checks paid, or loans made shall not be deemed to be

13 a branch, branch bank, or branch office if the place of

14 business is adjacent to and connected with the main banking

15 premises, or if it is separated from the main banking premises

16 by not more than an alley; provided always that (i) if the

17 place of business is separated by an alley from the main

18 banking premises there is a connection between the two by

19 public or private way or by subterranean or overhead passage,

20 and (ii) if the place of business is in a building not wholly

21 occupied by the bank, the place of business shall not be within

22 any office or room in which any other business or service of

23 any kind or nature other than the business of the bank is

24 conducted or carried on. A place of business at which deposits

25 are received, checks paid, or loans made shall not be deemed to

26 be a branch, branch bank, or branch office (i) of any bank if
    SB2394 Enrolled            - 1712 - LRB104 09208 AMC 19265 b

1 the place is a terminal established and maintained in

2 accordance with paragraph (17) of Section 5 of this Act, or

3 (ii) of a commonly owned bank by virtue of transactions

4 conducted at that place on behalf of the other commonly owned

5 bank under paragraph (23) of Section 5 of this Act if the place

6 is an affiliate facility with respect to the other bank.

7   "Branch of an out-of-state bank" means a branch

8 established or maintained in Illinois by an out-of-state bank

9 as a result of a merger between an Illinois bank and the

10 out-of-state bank that occurs on or after May 31, 1997, or any

11 branch established by the out-of-state bank following the

12 merger.

13  "Bylaws" means the bylaws of a bank that are adopted by the

14 bank's board of directors or shareholders for the regulation

15 and management of the bank's affairs. If the bank operates as a

16 limited liability company, however, "bylaws" means the

17 operating agreement of the bank.

18  "Call report fee" means the fee to be paid to the

19 Commissioner by each State bank pursuant to paragraph (a) of

20 subsection (3) of Section 48 of this Act.

21  "Capital" includes the aggregate of outstanding capital

22 stock and preferred stock.

23  "Cash flow reserve account" means the account within the

24 books and records of the Commissioner of Banks and Real Estate

25 used to record funds designated to maintain a reasonable Bank

26 and Trust Company Fund operating balance to meet agency
    SB2394 Enrolled            - 1713 - LRB104 09208 AMC 19265 b

1 obligations on a timely basis.

2   "Charter" includes the original charter and all amendments

3 thereto and articles of merger or consolidation.

4   "Commissioner" means the Commissioner of Banks and Real

5 Estate, except that beginning on April 6, 2009 (the effective

6 date of Public Act 95-1047), all references in this Act to the

7 Commissioner of Banks and Real Estate are deemed, in

8 appropriate contexts, to be references to the Secretary of

9 Financial and Professional Regulation.

10  "Commonly owned banks" means 2 or more banks that each

11 qualify as a bank subsidiary of the same bank holding company

12 pursuant to Section 18 of the Federal Deposit Insurance Act;

13 "commonly owned bank" refers to one of a group of commonly

14 owned banks but only with respect to one or more of the other

15 banks in the same group.

16  "Community" means a city, village, or incorporated town

17 and also includes the area served by the banking offices of a

18 bank, but need not be limited or expanded to conform to the

19 geographic boundaries of units of local government.

20  "Company" means a corporation, limited liability company,

21 partnership, business trust, association, or similar

22 organization and, unless specifically excluded, includes a

23 "State bank" and a "bank".

24  "Consolidating bank" means a party to a consolidation.

25  "Consolidation" takes place when 2 or more banks, or a

26 trust company and a bank, are extinguished and by the same
    SB2394 Enrolled         - 1714 - LRB104 09208 AMC 19265 b

1 process a new bank is created, taking over the assets and

2 assuming the liabilities of the banks or trust company passing

3 out of existence.

4   "Continuing bank" means a merging bank, the charter of

5 which becomes the charter of the resulting bank.

6   "Converting bank" means a State bank converting to become

7 a national bank, or a national bank converting to become a

8 State bank.

9   "Converting trust company" means a trust company

10 converting to become a State bank.

11  "Court" means a court of competent jurisdiction.

12  "Director" means a member of the board of directors of a

13 bank. In the case of a manager-managed limited liability

14 company, however, "director" means a manager of the bank and,

15 in the case of a member-managed limited liability company,

16 "director" means a member of the bank. The term "director"

17 does not include an advisory director, honorary director,

18 director emeritus, or similar person, unless the person is

19 otherwise performing functions similar to those of a member of

20 the board of directors.

21  "Director of Banking" means the Director of the Division

22 of Banking of the Department of Financial and Professional

23 Regulation.

24  "Eligible depository institution" means an insured savings

25 association that is in default, an insured savings association

26 that is in danger of default, a State or national bank that is
    SB2394 Enrolled      - 1715 - LRB104 09208 AMC 19265 b

1 in default or a State or national bank that is in danger of

2 default, as those terms are defined in this Section, or a new

3 bank as that term is defined in Section 11(m) of the Federal

4 Deposit Insurance Act or a bridge bank as that term is defined

5 in Section 11(n) of the Federal Deposit Insurance Act or a new

6 federal savings association authorized under Section

7 11(d)(2)(f) of the Federal Deposit Insurance Act.

8   "Fiduciary" means trustee, agent, executor, administrator,

9 committee, guardian for a minor or for a person under legal

10 disability, receiver, trustee in bankruptcy, assignee for

11 creditors, or any holder of similar position of trust.

12  "Financial institution" means a bank, savings bank,

13 savings and loan association, credit union, or any licensee

14 under the Consumer Installment Loan Act or the Sales Finance

15 Agency Act and, for purposes of Section 48.3, any proprietary

16 network, funds transfer corporation, or other entity providing

17 electronic funds transfer services, or any corporate

18 fiduciary, its subsidiaries, affiliates, parent company, or

19 contractual service provider that is examined by the

20 Commissioner. For purposes of Section 5c and subsection (b) of

21 Section 13 of this Act, "financial institution" includes any

22 proprietary network, funds transfer corporation, or other

23 entity providing electronic funds transfer services, and any

24 corporate fiduciary.

25  "Foundation" means the Illinois Bank Examiners' Education

26 Foundation.
    SB2394 Enrolled         - 1716 - LRB104 09208 AMC 19265 b

1   "General obligation" means a bond, note, debenture,

2 security, or other instrument evidencing an obligation of the

3 government entity that is the issuer that is supported by the

4 full available resources of the issuer, the principal and

5 interest of which is payable in whole or in part by taxation.

6   "Guarantee" means an undertaking or promise to answer for

7 payment of another's debt or performance of another's duty,

8 liability, or obligation whether "payment guaranteed" or

9 "collection guaranteed".

10  "In danger of default" means a State or national bank, a

11 federally chartered insured savings association, or an

12 Illinois state chartered insured savings association with

13 respect to which the Commissioner or the appropriate federal

14 banking agency has advised the Federal Deposit Insurance

15 Corporation that:

16  (1) in the opinion of the Commissioner or the

17  appropriate federal banking agency,

18  (A) the State or national bank or insured savings

19  association is not likely to be able to meet the

20  demands of the State or national bank's or savings

21  association's obligations in the normal course of

22  business; and

23  (B) there is no reasonable prospect that the State

24  or national bank or insured savings association will

25  be able to meet those demands or pay those obligations

26  without federal assistance; or
    SB2394 Enrolled      - 1717 - LRB104 09208 AMC 19265 b

1   (2) in the opinion of the Commissioner or the

2   appropriate federal banking agency,

3   (A) the State or national bank or insured savings

4   association has incurred or is likely to incur losses

5   that will deplete all or substantially all of its

6   capital; and

7   (B) there is no reasonable prospect that the

8   capital of the State or national bank or insured

9   savings association will be replenished without

10  federal assistance.

11  "In default" means, with respect to a State or national

12 bank or an insured savings association, any adjudication or

13 other official determination by any court of competent

14 jurisdiction, the Commissioner, the appropriate federal

15 banking agency, or other public authority pursuant to which a

16 conservator, receiver, or other legal custodian is appointed

17 for a State or national bank or an insured savings

18 association.

19  "Insured savings association" means any federal savings

20 association chartered under Section 5 of the federal Home

21 Owners' Loan Act and any State savings association chartered

22 under the Illinois Savings and Loan Act of 1985 or a

23 predecessor Illinois statute, the deposits of which are

24 insured by the Federal Deposit Insurance Corporation. The term

25 also includes a savings bank organized or operating under the

26 Savings Bank Act.
    SB2394 Enrolled     - 1718 - LRB104 09208 AMC 19265 b

1   "Insured savings association in recovery" means an insured

2 savings association that is not an eligible depository

3 institution and that does not meet the minimum capital

4 requirements applicable with respect to the insured savings

5 association.

6   "Issuer" means for purposes of Section 33 every person who

7 shall have issued or proposed to issue any security; except

8 that (1) with respect to certificates of deposit, voting trust

9 certificates, collateral-trust certificates, and certificates

10 of interest or shares in an unincorporated investment trust

11 not having a board of directors (or persons performing similar

12 functions), "issuer" means the person or persons performing

13 the acts and assuming the duties of depositor or manager

14 pursuant to the provisions of the trust, agreement, or

15 instrument under which the securities are issued; (2) with

16 respect to trusts other than those specified in clause (1)

17 above, where the trustee is a corporation authorized to accept

18 and execute trusts, "issuer" means the entrusters, depositors,

19 or creators of the trust and any manager or committee charged

20 with the general direction of the affairs of the trust

21 pursuant to the provisions of the agreement or instrument

22 creating the trust; and (3) with respect to equipment trust

23 certificates or like securities, "issuer" means the person to

24 whom the equipment or property is or is to be leased or

25 conditionally sold.

26  "Letter of credit" and "customer" shall have the meanings
    SB2394 Enrolled           - 1719 - LRB104 09208 AMC 19265 b

1 ascribed to those terms in Section 5-102 of the Uniform

2 Commercial Code.

3   "Main banking premises" means the location that is

4 designated in a bank's charter as its main office.

5   "Maker or obligor" means for purposes of Section 33 the

6 issuer of a security, the promisor in a debenture or other debt

7 security, or the mortgagor or grantor of a trust deed or

8 similar conveyance of a security interest in real or personal

9 property.

10  "Merged bank" means a merging bank that is not the

11 continuing, resulting, or surviving bank in a consolidation or

12 merger.

13  "Merger" includes consolidation.

14  "Merging bank" means a party to a bank merger.

15  "Merging trust company" means a trust company party to a

16 merger with a State bank.

17  "Mid-tier bank holding company" means a corporation that

18 (a) owns 100% of the issued and outstanding shares of each

19 class of stock of a State bank, (b) has no other subsidiaries,

20 and (c) 100% of the issued and outstanding shares of the

21 corporation are owned by a parent bank holding company.

22  "Municipality" means any municipality, political

23 subdivision, school district, taxing district, or agency.

24  "National bank" means a national banking association

25 located in this State and after May 31, 1997, means a national

26 banking association without regard to its location.
    SB2394 Enrolled  - 1720 - LRB104 09208 AMC 19265 b

1   "Out-of-state bank" means a bank chartered under the laws

2 of a state other than Illinois, a territory of the United

3 States, or the District of Columbia.

4   "Parent bank holding company" means a corporation that is

5 a bank holding company as that term is defined in the Illinois

6 Bank Holding Company Act of 1957 and owns 100% of the issued

7 and outstanding shares of a mid-tier bank holding company.

8   "Person" means an individual, corporation, limited

9 liability company, partnership, joint venture, trust, estate,

10 or unincorporated association.

11  "Public agency" means the State of Illinois, the various

12 counties, townships, cities, towns, villages, school

13 districts, educational service regions, special road

14 districts, public water supply districts, fire protection

15 districts, drainage districts, levee districts, sewer

16 districts, housing authorities, the Illinois Bank Examiners'

17 Education Foundation, the Chicago Park District, and all other

18 political corporations or subdivisions of the State of

19 Illinois, whether now or hereafter created, whether herein

20 specifically mentioned or not, and shall also include any

21 other state or any political corporation or subdivision of

22 another state.

23  "Public funds" or "public money" means current operating

24 funds, special funds, interest and sinking funds, and funds of

25 any kind or character belonging to, in the custody of, or

26 subject to the control or regulation of the United States or a
    SB2394 Enrolled  - 1721 - LRB104 09208 AMC 19265 b

1 public agency. "Public funds" or "public money" shall include

2 funds held by any of the officers, agents, or employees of the

3 United States or of a public agency in the course of their

4 official duties and, with respect to public money of the

5 United States, shall include Postal Savings funds.

6   "Published" means, unless the context requires otherwise,

7 the publishing of the notice or instrument referred to in some

8 newspaper of general circulation in the community in which the

9 bank is located at least once each week for 3 successive weeks.

10 Publishing shall be accomplished by, and at the expense of,

11 the bank required to publish. Where publishing is required,

12 the bank shall submit to the Commissioner that evidence of the

13 publication as the Commissioner shall deem appropriate.

14  "Qualified financial contract" means any security

15 contract, commodity contract, forward contract, including spot

16 and forward foreign exchange contracts, repurchase agreement,

17 swap agreement, and any similar agreement, any option to enter

18 into any such agreement, including any combination of the

19 foregoing, and any master agreement for such agreements. A

20 master agreement, together with all supplements thereto, shall

21 be treated as one qualified financial contract. The contract,

22 option, agreement, or combination of contracts, options, or

23 agreements shall be reflected upon the books, accounts, or

24 records of the bank, or a party to the contract shall provide

25 documentary evidence of such agreement.

26  "Recorded" means the filing or recording of the notice or
    SB2394 Enrolled           - 1722 - LRB104 09208 AMC 19265 b

1 instrument referred to in the office of the Recorder of the

2 county wherein the bank is located.

3   "Resulting bank" means the bank resulting from a merger or

4 conversion.

5   "Secretary" means the Secretary of Financial and

6 Professional Regulation, or a person authorized by the

7 Secretary or by this Act to act in the Secretary's stead.

8   "Securities" means stocks, bonds, debentures, notes, or

9 other similar obligations.

10  "Stand-by letter of credit" means a letter of credit under

11 which drafts are payable upon the condition the customer has

12 defaulted in performance of a duty, liability, or obligation.

13  "State bank" means any banking corporation that has a

14 banking charter issued by the Commissioner under this Act.

15  "State Banking Board" means the State Banking Board of

16 Illinois.

17  "Subsidiary" with respect to a specified company means a

18 company that is controlled by the specified company. For

19 purposes of paragraphs (8) and (12) of Section 5 of this Act,

20 "control" means the exercise of operational or managerial

21 control of a corporation by the bank, either alone or together

22 with other affiliates of the bank.

23  "Surplus" means the aggregate of (i) amounts paid in

24 excess of the par value of capital stock and preferred stock;

25 (ii) amounts contributed other than for capital stock and

26 preferred stock and allocated to the surplus account; and
    SB2394 Enrolled  - 1723 - LRB104 09208 AMC 19265 b

1 (iii) amounts transferred from undivided profits.

2   "Tier 1 Capital" and "Tier 2 Capital" have the meanings

3 assigned to those terms in regulations promulgated for the

4 appropriate federal banking agency of a state bank, as those

5 regulations are now or hereafter amended.

6   "Trust company" means a limited liability company or

7 corporation incorporated in this State for the purpose of

8 accepting and executing trusts.

9   "Undivided profits" means undistributed earnings less

10 discretionary transfers to surplus.

11  "Unimpaired capital and unimpaired surplus", for the

12 purposes of paragraph (21) of Section 5 and Sections 32, 33,

13 34, 35.1, 35.2, and 47 of this Act means the sum of the state

14 bank's Tier 1 Capital and Tier 2 Capital plus such other

15 shareholder equity as may be included by regulation of the

16 Commissioner. Unimpaired capital and unimpaired surplus shall

17 be calculated on the basis of the date of the last quarterly

18 call report filed with the Commissioner preceding the date of

19 the transaction for which the calculation is made, provided

20 that: (i) when a material event occurs after the date of the

21 last quarterly call report filed with the Commissioner that

22 reduces or increases the bank's unimpaired capital and

23 unimpaired surplus by 10% or more, then the unimpaired capital

24 and unimpaired surplus shall be calculated from the date of

25 the material event for a transaction conducted after the date

26 of the material event; and (ii) if the Commissioner determines
    SB2394 Enrolled  - 1724 - LRB104 09208 AMC 19265 b

 1 for safety and soundness reasons that a state bank should
 2 calculate unimpaired capital and unimpaired surplus more
 3 frequently than provided by this paragraph, the Commissioner
 4 may by written notice direct the bank to calculate unimpaired
 5 capital and unimpaired surplus at a more frequent interval. In
 6 the case of a state bank newly chartered under Section 13 or a
 7 state bank resulting from a merger, consolidation, or
 8 conversion under Sections 21 through 26 for which no preceding
 9 quarterly call report has been filed with the Commissioner,
10 unimpaired capital and unimpaired surplus shall be calculated
11 for the first calendar quarter on the basis of the effective
12 date of the charter, merger, consolidation, or conversion.
13 (Source: P.A. 95-924, eff. 8-26-08; 95-1047, eff. 4-6-09;
14 96-1000, eff. 7-2-10; 96-1163, eff. 1-1-11; revised 8-6-24.)

15  Section 725. The Assisted Living and Shared Housing Act is

16 amended by changing Section 10 as follows:

17  (210 ILCS 9/10)

18  (Text of Section before amendment by P.A. 103-844)

19  Sec. 10. Definitions. For purposes of this Act:

20  "Activities of daily living" means eating, dressing,

21 bathing, toileting, transferring, or personal hygiene.

22  "Assisted living establishment" or "establishment" means a

23 home, building, residence, or any other place where sleeping

24 accommodations are provided for at least 3 unrelated adults,
    SB2394 Enrolled        - 1725 - LRB104 09208 AMC 19265 b

1 at least 80% of whom are 55 years of age or older and where the

2 following are provided consistent with the purposes of this

3 Act:

4       (1) services consistent with a social model that is

5   based on the premise that the resident's unit in assisted

6   living and shared housing is his or her own home;

7       (2) community-based residential care for persons who

8   need assistance with activities of daily living, including

9   personal, supportive, and intermittent health-related

10  services available 24 hours per day, if needed, to meet

11  the scheduled and unscheduled needs of a resident;

12      (3) mandatory services, whether provided directly by

13  the establishment or by another entity arranged for by the

14  establishment, with the consent of the resident or

15  resident's representative; and

16      (4) a physical environment that is a homelike setting

17  that includes the following and such other elements as

18  established by the Department: individual living units

19  each of which shall accommodate small kitchen appliances

20  and contain private bathing, washing, and toilet

21  facilities, or private washing and toilet facilities with

22  a common bathing room readily accessible to each resident.

23  Units shall be maintained for single occupancy except in

24  cases in which 2 residents choose to share a unit.

25  Sufficient common space shall exist to permit individual

26  and group activities.
    SB2394 Enrolled    - 1726 - LRB104 09208 AMC 19265 b

1   "Assisted living establishment" or "establishment" does

2 not mean any of the following:

3   (1) A home, institution, or similar place operated by

4   the federal government or the State of Illinois.

5   (2) A long term care facility licensed under the

6   Nursing Home Care Act, a facility licensed under the

7   Specialized Mental Health Rehabilitation Act of 2013, a

8   facility licensed under the ID/DD Community Care Act, or a

9   facility licensed under the MC/DD Act. However, a facility

10  licensed under any of those Acts may convert distinct

11  parts of the facility to assisted living. If the facility

12  elects to do so, the facility shall retain the Certificate

13  of Need for its nursing and sheltered care beds that were

14  converted.

15  (3) A hospital, sanitarium, or other institution, the

16  principal activity or business of which is the diagnosis,

17  care, and treatment of human illness and that is required

18  to be licensed under the Hospital Licensing Act.

19  (4) A facility for child care as defined in the Child

20  Care Act of 1969.

21  (5) A community living facility as defined in the

22  Community Living Facilities Licensing Act.

23  (6) A nursing home or sanitarium operated solely by

24  and for persons who rely exclusively upon treatment by

25  spiritual means through prayer in accordance with the

26  creed or tenants of a well-recognized church or religious
    SB2394 Enrolled  - 1727 - LRB104 09208 AMC 19265 b

1   denomination.

2   (7) A facility licensed by the Department of Human

3   Services as a community-integrated living arrangement as

4   defined in the Community-Integrated Living Arrangements

5   Licensure and Certification Act.

6   (8) A supportive residence licensed under the

7   Supportive Residences Licensing Act.

8   (9) The portion of a life care facility as defined in

9   the Life Care Facilities Act not licensed as an assisted

10  living establishment under this Act; a life care facility

11  may apply under this Act to convert sections of the

12  community to assisted living.

13  (10) A free-standing hospice facility licensed under

14  the Hospice Program Licensing Act.

15  (11) A shared housing establishment.

16  (12) A supportive living facility as described in

17  Section 5-5.01a of the Illinois Public Aid Code.

18  "Certified medication aide" means a person who has met the

19 qualifications for certification under Section 79 and assists

20 with medication administration while under the supervision of

21 a registered professional nurse as authorized by Section 50-75

22 of the Nurse Practice Act in an assisted living establishment.

23  "Department" means the Department of Public Health.

24  "Director" means the Director of Public Health.

25  "Emergency situation" means imminent danger of death or

26 serious physical harm to a resident of an establishment.
    SB2394 Enrolled  - 1728 - LRB104 09208 AMC 19265 b

1   "License" means any of the following types of licenses

2 issued to an applicant or licensee by the Department:

3   (1) "Probationary license" means a license issued to

4   an applicant or licensee that has not held a license under

5   this Act prior to its application or pursuant to a license

6   transfer in accordance with Section 50 of this Act.

7   (2) "Regular license" means a license issued by the

8   Department to an applicant or licensee that is in

9   substantial compliance with this Act and any rules

10  promulgated under this Act.

11  "Licensee" means a person, agency, association,

12 corporation, partnership, or organization that has been issued

13 a license to operate an assisted living or shared housing

14 establishment.

15  "Licensed health care professional" means a registered

16 professional nurse, an advanced practice registered nurse, a

17 physician assistant, and a licensed practical nurse.

18  "Mandatory services" include the following:

19  (1) 3 meals per day available to the residents

20  prepared by the establishment or an outside contractor;

21  (2) housekeeping services including, but not limited

22  to, vacuuming, dusting, and cleaning the resident's unit;

23  (3) personal laundry and linen services available to

24  the residents provided or arranged for by the

25  establishment;

26  (4) security provided 24 hours each day including, but
    SB2394 Enrolled      - 1729 - LRB104 09208 AMC 19265 b

1   not limited to, locked entrances or building or contract

2   security personnel;

3          (5) an emergency communication response system, which

4   is a procedure in place 24 hours each day by which a

5   resident can notify building management, an emergency

6   response vendor, or others able to respond to his or her

7   need for assistance; and

8          (6) assistance with activities of daily living as

9   required by each resident.

10  "Negotiated risk" is the process by which a resident, or

11 his or her representative, may formally negotiate with

12 providers what risks each are willing and unwilling to assume

13 in service provision and the resident's living environment.

14 The provider assures that the resident and the resident's

15 representative, if any, are informed of the risks of these

16 decisions and of the potential consequences of assuming these

17 risks.

18  "Owner" means the individual, partnership, corporation,

19 association, or other person who owns an assisted living or

20 shared housing establishment. In the event an assisted living

21 or shared housing establishment is operated by a person who

22 leases or manages the physical plant, which is owned by

23 another person, "owner" means the person who operates the

24 assisted living or shared housing establishment, except that

25 if the person who owns the physical plant is an affiliate of

26 the person who operates the assisted living or shared housing
    SB2394 Enrolled  - 1730 - LRB104 09208 AMC 19265 b

1 establishment and has significant control over the day to day

2 operations of the assisted living or shared housing

3 establishment, the person who owns the physical plant shall

4 incur jointly and severally with the owner all liabilities

5 imposed on an owner under this Act.

6   "Physician" means a person licensed under the Medical

7 Practice Act of 1987 to practice medicine in all of its

8 branches.

9   "Program" means the Certified Medication Aide Program.

10  "Qualified establishment" means an assisted living and

11 shared housing establishment licensed by the Department of

12 Public Health.

13  "Resident" means a person residing in an assisted living

14 or shared housing establishment.

15  "Resident's representative" means a person, other than the

16 owner, agent, or employee of an establishment or of the health

17 care provider unless related to the resident, designated in

18 writing by a resident to be his or her representative. This

19 designation may be accomplished through the Illinois Power of

20 Attorney Act, pursuant to the guardianship process under the

21 Probate Act of 1975, or pursuant to an executed designation of

22 representative form specified by the Department.

23  "Self" means the individual or the individual's designated

24 representative.

25  "Shared housing establishment" or "establishment" means a

26 publicly or privately operated free-standing residence for 16
    SB2394 Enrolled            - 1731 - LRB104 09208 AMC 19265 b

1 or fewer persons, at least 80% of whom are 55 years of age or

2 older and who are unrelated to the owners and one manager of

3 the residence, where the following are provided:

4   (1) services consistent with a social model that is

5   based on the premise that the resident's unit is his or her

6   own home;

7   (2) community-based residential care for persons who

8   need assistance with activities of daily living, including

9   housing and personal, supportive, and intermittent

10  health-related services available 24 hours per day, if

11  needed, to meet the scheduled and unscheduled needs of a

12  resident; and

13  (3) mandatory services, whether provided directly by

14  the establishment or by another entity arranged for by the

15  establishment, with the consent of the resident or the

16  resident's representative.

17  "Shared housing establishment" or "establishment" does not

18 mean any of the following:

19  (1) A home, institution, or similar place operated by

20  the federal government or the State of Illinois.

21  (2) A long term care facility licensed under the

22  Nursing Home Care Act, a facility licensed under the

23  Specialized Mental Health Rehabilitation Act of 2013, a

24  facility licensed under the ID/DD Community Care Act, or a

25  facility licensed under the MC/DD Act. A facility licensed

26  under any of those Acts may, however, convert sections of
    SB2394 Enrolled    - 1732 - LRB104 09208 AMC 19265 b

1   the facility to assisted living. If the facility elects to

2   do so, the facility shall retain the Certificate of Need

3   for its nursing beds that were converted.

4   (3) A hospital, sanitarium, or other institution, the

5   principal activity or business of which is the diagnosis,

6   care, and treatment of human illness and that is required

7   to be licensed under the Hospital Licensing Act.

8   (4) A facility for child care as defined in the Child

9   Care Act of 1969.

10  (5) A community living facility as defined in the

11  Community Living Facilities Licensing Act.

12  (6) A nursing home or sanitarium operated solely by

13  and for persons who rely exclusively upon treatment by

14  spiritual means through prayer in accordance with the

15  creed or tenants of a well-recognized church or religious

16  denomination.

17  (7) A facility licensed by the Department of Human

18  Services as a community-integrated living arrangement as

19  defined in the Community-Integrated Living Arrangements

20  Licensure and Certification Act.

21  (8) A supportive residence licensed under the

22  Supportive Residences Licensing Act.

23  (9) A life care facility as defined in the Life Care

24  Facilities Act; a life care facility may apply under this

25  Act to convert sections of the community to assisted

26  living.
    SB2394 Enrolled  - 1733 - LRB104 09208 AMC 19265 b

1        (10) A free-standing hospice facility licensed under

2   the Hospice Program Licensing Act.

3        (11) An assisted living establishment.

4        (12) A supportive living facility as described in

5   Section 5-5.01a of the Illinois Public Aid Code.

6   "Total assistance" means that staff or another individual

7 performs the entire activity of daily living without

8 participation by the resident.

9 (Source: P.A. 103-886, eff. 8-9-24.)

10  (Text of Section after amendment by P.A. 103-844)

11  Sec. 10. Definitions. For purposes of this Act:

12  "Activities of daily living" means eating, dressing,

13 bathing, toileting, transferring, or personal hygiene.

14  "Assisted living establishment" or "establishment" means a

15 home, building, residence, or any other place where sleeping

16 accommodations are provided for at least 3 unrelated adults,

17 at least 80% of whom are 55 years of age or older and where the

18 following are provided consistent with the purposes of this

19 Act:

20       (1) services consistent with a social model that is

21  based on the premise that the resident's unit in assisted

22  living and shared housing is his or her own home;

23       (2) community-based residential care for persons who

24  need assistance with activities of daily living, including

25  personal, supportive, and intermittent health-related
    SB2394 Enrolled        - 1734 - LRB104 09208 AMC 19265 b

1   services available 24 hours per day, if needed, to meet

2   the scheduled and unscheduled needs of a resident;

3   (3) mandatory services, whether provided directly by

4   the establishment or by another entity arranged for by the

5   establishment, with the consent of the resident or

6   resident's representative; and

7   (4) a physical environment that is a homelike setting

8   that includes the following and such other elements as

9   established by the Department: individual living units

10  each of which shall accommodate small kitchen appliances

11  and contain private bathing, washing, and toilet

12  facilities, or private washing and toilet facilities with

13  a common bathing room readily accessible to each resident.

14  Units shall be maintained for single occupancy except in

15  cases in which 2 residents choose to share a unit.

16  Sufficient common space shall exist to permit individual

17  and group activities.

18  "Assisted living establishment" or "establishment" does

19 not mean any of the following:

20  (1) A home, institution, or similar place operated by

21  the federal government or the State of Illinois.

22  (2) A long term care facility licensed under the

23  Nursing Home Care Act, a facility licensed under the

24  Specialized Mental Health Rehabilitation Act of 2013, a

25  facility licensed under the ID/DD Community Care Act, or a

26  facility licensed under the MC/DD Act. However, a facility
    SB2394 Enrolled    - 1735 - LRB104 09208 AMC 19265 b

1   licensed under any of those Acts may convert distinct

2   parts of the facility to assisted living. If the facility

3   elects to do so, the facility shall retain the Certificate

4   of Need for its nursing and sheltered care beds that were

5   converted.

6   (3) A hospital, sanitarium, or other institution, the

7   principal activity or business of which is the diagnosis,

8   care, and treatment of human illness and that is required

9   to be licensed under the Hospital Licensing Act.

10  (4) A facility for child care as defined in the Child

11  Care Act of 1969.

12  (5) A community living facility as defined in the

13  Community Living Facilities Licensing Act.

14  (6) A nursing home or sanitarium operated solely by

15  and for persons who rely exclusively upon treatment by

16  spiritual means through prayer in accordance with the

17  creed or tenants of a well-recognized church or religious

18  denomination.

19  (7) A facility licensed by the Department of Human

20  Services as a community-integrated living arrangement as

21  defined in the Community-Integrated Living Arrangements

22  Licensure and Certification Act.

23  (8) A supportive residence licensed under the

24  Supportive Residences Licensing Act.

25  (9) The portion of a life care facility as defined in

26  the Life Care Facilities Act not licensed as an assisted
    SB2394 Enrolled  - 1736 - LRB104 09208 AMC 19265 b

1   living establishment under this Act; a life care facility

2   may apply under this Act to convert sections of the

3   community to assisted living.

4   (10) A free-standing hospice facility licensed under

5   the Hospice Program Licensing Act.

6   (11) A shared housing establishment.

7   (12) A supportive living facility as described in

8   Section 5-5.01a of the Illinois Public Aid Code.

9   "Certified medication aide" means a person who has met the

10 qualifications for certification under Section 79 and assists

11 with medication administration while under the supervision of

12 a registered professional nurse as authorized by Section 50-75

13 of the Nurse Practice Act in an assisted living establishment.

14  "Department" means the Department of Public Health.

15  "Director" means the Director of Public Health.

16  "Emergency situation" means imminent danger of death or

17 serious physical harm to a resident of an establishment.

18  "Infection control committee" means persons, including an

19 infection preventionist, who develop and implement policies

20 governing control of infections and communicable diseases and

21 are qualified through education, training, experience, or

22 certification or a combination of such qualifications.

23  "Infection preventionist" means a registered nurse who

24 develops and implements policies governing control of

25 infections and communicable diseases and is qualified through

26 education, training, experience, or certification or a
    SB2394 Enrolled  - 1737 - LRB104 09208 AMC 19265 b

1 combination of such qualifications.

2   "License" means any of the following types of licenses

3 issued to an applicant or licensee by the Department:

4   (1) "Probationary license" means a license issued to

5   an applicant or licensee that has not held a license under

6   this Act prior to its application or pursuant to a license

7   transfer in accordance with Section 50 of this Act.

8   (2) "Regular license" means a license issued by the

9   Department to an applicant or licensee that is in

10  substantial compliance with this Act and any rules

11  promulgated under this Act.

12  "Licensee" means a person, agency, association,

13 corporation, partnership, or organization that has been issued

14 a license to operate an assisted living or shared housing

15 establishment.

16  "Licensed health care professional" means a registered

17 professional nurse, an advanced practice registered nurse, a

18 physician assistant, and a licensed practical nurse.

19  "Mandatory services" include the following:

20  (1) 3 meals per day available to the residents

21  prepared by the establishment or an outside contractor;

22  (2) housekeeping services including, but not limited

23  to, vacuuming, dusting, and cleaning the resident's unit;

24  (3) personal laundry and linen services available to

25  the residents provided or arranged for by the

26  establishment;
    SB2394 Enrolled      - 1738 - LRB104 09208 AMC 19265 b

1          (4) security provided 24 hours each day including, but

2   not limited to, locked entrances or building or contract

3   security personnel;

4          (5) an emergency communication response system, which

5   is a procedure in place 24 hours each day by which a

6   resident can notify building management, an emergency

7   response vendor, or others able to respond to his or her

8   need for assistance; and

9          (6) assistance with activities of daily living as

10  required by each resident.

11  "Negotiated risk" is the process by which a resident, or

12 his or her representative, may formally negotiate with

13 providers what risks each are willing and unwilling to assume

14 in service provision and the resident's living environment.

15 The provider assures that the resident and the resident's

16 representative, if any, are informed of the risks of these

17 decisions and of the potential consequences of assuming these

18 risks.

19  "Owner" means the individual, partnership, corporation,

20 association, or other person who owns an assisted living or

21 shared housing establishment. In the event an assisted living

22 or shared housing establishment is operated by a person who

23 leases or manages the physical plant, which is owned by

24 another person, "owner" means the person who operates the

25 assisted living or shared housing establishment, except that

26 if the person who owns the physical plant is an affiliate of
    SB2394 Enrolled  - 1739 - LRB104 09208 AMC 19265 b

1 the person who operates the assisted living or shared housing

2 establishment and has significant control over the day to day

3 operations of the assisted living or shared housing

4 establishment, the person who owns the physical plant shall

5 incur jointly and severally with the owner all liabilities

6 imposed on an owner under this Act.

7   "Physician" means a person licensed under the Medical

8 Practice Act of 1987 to practice medicine in all of its

9 branches.

10  "Program" means the Certified Medication Aide Program.

11  "Qualified establishment" means an assisted living and

12 shared housing establishment licensed by the Department of

13 Public Health.

14  "Resident" means a person residing in an assisted living

15 or shared housing establishment.

16  "Resident's representative" means a person, other than the

17 owner, agent, or employee of an establishment or of the health

18 care provider unless related to the resident, designated in

19 writing by a resident to be his or her representative. This

20 designation may be accomplished through the Illinois Power of

21 Attorney Act, pursuant to the guardianship process under the

22 Probate Act of 1975, or pursuant to an executed designation of

23 representative form specified by the Department.

24  "Self" means the individual or the individual's designated

25 representative.

26  "Shared housing establishment" or "establishment" means a
    SB2394 Enrolled            - 1740 - LRB104 09208 AMC 19265 b

1 publicly or privately operated free-standing residence for 16

2 or fewer persons, at least 80% of whom are 55 years of age or

3 older and who are unrelated to the owners and one manager of

4 the residence, where the following are provided:

5   (1) services consistent with a social model that is

6   based on the premise that the resident's unit is his or her

7   own home;

8   (2) community-based residential care for persons who

9   need assistance with activities of daily living, including

10  housing and personal, supportive, and intermittent

11  health-related services available 24 hours per day, if

12  needed, to meet the scheduled and unscheduled needs of a

13  resident; and

14  (3) mandatory services, whether provided directly by

15  the establishment or by another entity arranged for by the

16  establishment, with the consent of the resident or the

17  resident's representative.

18  "Shared housing establishment" or "establishment" does not

19 mean any of the following:

20  (1) A home, institution, or similar place operated by

21  the federal government or the State of Illinois.

22  (2) A long term care facility licensed under the

23  Nursing Home Care Act, a facility licensed under the

24  Specialized Mental Health Rehabilitation Act of 2013, a

25  facility licensed under the ID/DD Community Care Act, or a

26  facility licensed under the MC/DD Act. A facility licensed
    SB2394 Enrolled    - 1741 - LRB104 09208 AMC 19265 b

1   under any of those Acts may, however, convert sections of

2   the facility to assisted living. If the facility elects to

3   do so, the facility shall retain the Certificate of Need

4   for its nursing beds that were converted.

5   (3) A hospital, sanitarium, or other institution, the

6   principal activity or business of which is the diagnosis,

7   care, and treatment of human illness and that is required

8   to be licensed under the Hospital Licensing Act.

9   (4) A facility for child care as defined in the Child

10  Care Act of 1969.

11  (5) A community living facility as defined in the

12  Community Living Facilities Licensing Act.

13  (6) A nursing home or sanitarium operated solely by

14  and for persons who rely exclusively upon treatment by

15  spiritual means through prayer in accordance with the

16  creed or tenants of a well-recognized church or religious

17  denomination.

18  (7) A facility licensed by the Department of Human

19  Services as a community-integrated living arrangement as

20  defined in the Community-Integrated Living Arrangements

21  Licensure and Certification Act.

22  (8) A supportive residence licensed under the

23  Supportive Residences Licensing Act.

24  (9) A life care facility as defined in the Life Care

25  Facilities Act; a life care facility may apply under this

26  Act to convert sections of the community to assisted
    SB2394 Enrolled        - 1742 - LRB104 09208 AMC 19265 b

1   living.

2   (10) A free-standing hospice facility licensed under

3   the Hospice Program Licensing Act.

4   (11) An assisted living establishment.

5   (12) A supportive living facility as described in

6   Section 5-5.01a of the Illinois Public Aid Code.

7   "Total assistance" means that staff or another individual

8 performs the entire activity of daily living without

9 participation by the resident.

10 (Source: P.A. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24;

11 revised 10-7-24.)

12  Section 730. The MC/DD Act is amended by changing Section

13 3-801.1 as follows:

14  (210 ILCS 46/3-801.1)

15  Sec. 3-801.1. Access to records of resident with

16 developmental disabilities. Notwithstanding the other

17 provisions of this Act to the contrary, the agency designated

18 by the Governor under Section 1 of the Protection and Advocacy

19 for Persons with Developmental Disabilities Act "An Act in

20 relation to the protection and advocacy of the rights of

21 persons with developmental disabilities, and amending Acts

22 therein named", enacted by the 84th General Assembly, shall

23 have access to the records of a person with developmental

24 disabilities who resides in a facility, subject to the
    SB2394 Enrolled  - 1743 - LRB104 09208 AMC 19265 b

1 limitations of this Act. The agency shall also have access for

2 the purpose of inspection and copying, to the records of a

3 person with developmental disabilities who resides in any such

4 facility if (1) a complaint is received by such agency from or

5 on behalf of the person with a developmental disability, and

6 (2) such person does not have a guardian or the State or the

7 designee of the State is the guardian of such person. The

8 designated agency shall provide written notice to the person

9 with developmental disabilities and the State guardian of the

10 nature of the complaint based upon which the designated agency

11 has gained access to the records. No record or the contents of

12 any record shall be redisclosed by the designated agency

13 unless the person with developmental disabilities and the

14 State guardian are provided 7 days' advance written notice,

15 except in emergency situations, of the designated agency's

16 intent to redisclose such record, during which time the person

17 with developmental disabilities or the State guardian may seek

18 to judicially enjoin the designated agency's redisclosure of

19 such record on the grounds that such redisclosure is contrary

20 to the interests of the person with developmental

21 disabilities. If a person with developmental disabilities

22 resides in such a facility and has a guardian other than the

23 State or the designee of the State, the facility director

24 shall disclose the guardian's name, address, and telephone

25 number to the designated agency at the agency's request.

26  Upon request, the designated agency shall be entitled to
    SB2394 Enrolled     - 1744 - LRB104 09208 AMC 19265 b

 1 inspect and copy any records or other materials which may
 2 further the agency's investigation of problems affecting
 3 numbers of persons with developmental disabilities. When
 4 required by law any personally identifiable information of
 5 persons with a developmental disability shall be removed from
 6 the records. However, the designated agency may not inspect or
 7 copy any records or other materials when the removal of
 8 personally identifiable information imposes an unreasonable
 9 burden on the facility. For the purposes of this Section,
10 "developmental disability" means "developmental disability" as
11 defined in Section 1-106 of the Mental Health and
12 Developmental Disabilities Code.
13 (Source: P.A. 102-972, eff. 1-1-23; revised 7-19-24.)

14  Section 735. The Emergency Medical Services (EMS) Systems

15 Act is amended by changing Sections 3.40 and 3.117 as follows:

16  (210 ILCS 50/3.40)

17  Sec. 3.40. EMS System Participation Suspensions and Due

18 Process.

19  (a) An EMS Medical Director may suspend from participation

20 within the System any EMS personnel, EMS Lead Instructor (LI),

21 individual, individual provider, or other participant

22 considered not to be meeting the requirements of the Program

23 Plan of that approved EMS System. An EMS Medical Director must

24 submit a suspension order to the Department describing which
    SB2394 Enrolled  - 1745 - LRB104 09208 AMC 19265 b

1 requirements of the Program Plan were not met and the

2 suspension's duration. The Department shall review and confirm

3 receipt of the suspension order, request additional

4 information, or initiate an investigation. The Department

5 shall incorporate the duration of that suspension into any

6 further action taken by the Department to suspend, revoke, or

7 refuse to issue or renew the license of the individual or

8 entity for any violation of this Act or the Program Plan

9 arising from the same conduct for which the suspension order

10 was issued if the suspended party has neither requested a

11 Department hearing on the suspension nor worked as a provider

12 in any other System during the term of the suspension.

13  (b) Prior to suspending any individual or entity, an EMS

14 Medical Director shall provide an opportunity for a hearing

15 before the local System review board in accordance with

16 subsection (f) and the rules promulgated by the Department.

17  (1) If the local System review board affirms or

18  modifies the EMS Medical Director's suspension order, the

19  individual or entity shall have the opportunity for a

20  review of the local board's decision by the State EMS

21  Disciplinary Review Board, pursuant to Section 3.45 of

22  this Act.

23  (2) If the local System review board reverses or

24  modifies the EMS Medical Director's order, the EMS Medical

25  Director shall have the opportunity for a review of the

26  local board's decision by the State EMS Disciplinary
    SB2394 Enrolled  - 1746 - LRB104 09208 AMC 19265 b

1   Review Board, pursuant to Section 3.45 of this Act.

2   (3) The suspension shall commence only upon the

3   occurrence of one of the following:

4   (A) the individual or entity has waived the

5   opportunity for a hearing before the local System

6   review board;

7   (B) the order has been affirmed or modified by the

8   local system review board and the individual or entity

9   has waived the opportunity for review by the State

10  Board; or

11  (C) the order has been affirmed or modified by the

12  local system review board, and the local board's

13  decision has been affirmed or modified by the State

14  Board.

15  (c) An individual interviewed or investigated by the local

16 system review board or the Department shall have the right to a

17 union representative and legal counsel of the individual's

18 choosing present at any interview. The union representative

19 must comply with any confidentiality requirements and

20 requirements for the protection of any patient information

21 presented during the proceeding.

22  (d) An EMS Medical Director may immediately suspend an

23 EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,

24 PHAPRN, or other individual or entity if he or she finds that

25 the continuation in practice by the individual or entity would

26 constitute an imminent danger to the public. The suspended
    SB2394 Enrolled  - 1747 - LRB104 09208 AMC 19265 b

1 individual or entity shall be issued an immediate verbal

2 notification followed by a written suspension order by the EMS

3 Medical Director which states the length, terms, and basis for

4 the suspension.

5   (1) Within 24 hours following the commencement of the

6   suspension, the EMS Medical Director shall deliver to the

7   Department, by messenger, telefax, or other

8   Department-approved electronic communication, a copy of

9   the suspension order and copies of any written materials

10  which relate to the EMS Medical Director's decision to

11  suspend the individual or entity. All medical and

12  patient-specific information, including Department

13  findings with respect to the quality of care rendered,

14  shall be strictly confidential pursuant to the Medical

15  Studies Act (Part 21 of Article VIII of the Code of Civil

16  Procedure).

17  (2) Within 24 hours following the commencement of the

18  suspension, the suspended individual or entity may deliver

19  to the Department, by messenger, telefax, or other

20  Department-approved electronic communication, a written

21  response to the suspension order and copies of any written

22  materials which the individual or entity feels are

23  appropriate. All medical and patient-specific information,

24  including Department findings with respect to the quality

25  of care rendered, shall be strictly confidential pursuant

26  to the Medical Studies Act.
    SB2394 Enrolled  - 1748 - LRB104 09208 AMC 19265 b

1   (3) Within 24 hours following receipt of the EMS

2   Medical Director's suspension order or the individual or

3   entity's written response, whichever is later, the

4   Director or the Director's designee shall determine

5   whether the suspension should be stayed pending an

6   opportunity for a hearing or review in accordance with

7   this Act, or whether the suspension should continue during

8   the course of that hearing or review. When an immediate

9   suspension order is not stayed, the Director or the

10  Director's designee within the Department shall identify

11  if that suspension shall immediately apply to statewide

12  participation only in situations when a licensee has been

13  charged with a crime while performing the licensee's

14  official duties as an EMR, EMD, EMT, EMT-I, A-EMT,

15  Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the

16  licensee's continuation to practice poses the possibility

17  of imminent harm to the public based upon off factual

18  evidence provided to the Department. The determination to

19  issue an immediate statewide suspension shall not deny the

20  right to due process to a licensee. The Director or the

21  Director's designee shall issue this determination to the

22  EMS Medical Director, who shall immediately notify the

23  suspended individual or entity. The suspension shall

24  remain in effect during this period of review by the

25  Director or the Director's designee.

26  (e) Upon issuance of a suspension order for reasons
    SB2394 Enrolled  - 1749 - LRB104 09208 AMC 19265 b

1 directly related to medical care, the EMS Medical Director

2 shall also provide the individual or entity with the

3 opportunity for a hearing before the local System review

4 board, in accordance with subsection (f) and the rules

5 promulgated by the Department.

6   (1) If the local System review board affirms or

7   modifies the EMS Medical Director's suspension order, the

8   individual or entity shall have the opportunity for a

9   review of the local board's decision by the State EMS

10  Disciplinary Review Board, pursuant to Section 3.45 of

11  this Act.

12  (2) If the local System review board reverses or

13  modifies the EMS Medical Director's suspension order, the

14  EMS Medical Director shall have the opportunity for a

15  review of the local board's decision by the State EMS

16  Disciplinary Review Board, pursuant to Section 3.45 of

17  this Act.

18  (3) The suspended individual or entity may elect to

19  bypass the local System review board and seek direct

20  review of the EMS Medical Director's suspension order by

21  the State EMS Disciplinary Review Board.

22  (f) The Resource Hospital shall designate a local System

23 review board in accordance with the rules of the Department,

24 for the purpose of providing a hearing to any individual or

25 entity participating within the System who is suspended from

26 participation by the EMS Medical Director. The EMS Medical
    SB2394 Enrolled          - 1750 - LRB104 09208 AMC 19265 b

1 Director shall arrange for a certified shorthand reporter to

2 make a stenographic record of that hearing and thereafter

3 prepare a transcript of the proceedings. The EMS Medical

4 Director shall inform the individual of the individual's right

5 to have a union representative and legal counsel of the

6 individual's choosing present at any interview. The union

7 representative must comply with any confidentiality

8 requirements and requirements for the protection of any

9 patient information presented during the proceeding. The

10 transcript, all documents or materials received as evidence

11 during the hearing and the local System review board's written

12 decision shall be retained in the custody of the EMS system.

13 The System shall implement a decision of the local System

14 review board unless that decision has been appealed to the

15 State Emergency Medical Services Disciplinary Review Board in

16 accordance with this Act and the rules of the Department.

17  (g) The Resource Hospital shall implement a decision of

18 the State Emergency Medical Services Disciplinary Review Board

19 which has been rendered in accordance with this Act and the

20 rules of the Department.

21 (Source: P.A. 103-521, eff. 1-1-24; 103-779, eff. 8-2-24;

22 revised 10-21-24.)

23  (210 ILCS 50/3.117)

24  Sec. 3.117. Hospital designations.

25  (a) The Department shall attempt to designate Primary
    SB2394 Enrolled   - 1751 - LRB104 09208 AMC 19265 b

1 Stroke Centers in all areas of the State.

2   (1) The Department shall designate as many certified

3   Primary Stroke Centers as apply for that designation

4   provided they are certified by a nationally recognized

5   certifying body, approved by the Department, and

6   certification criteria are consistent with the most

7   current nationally recognized, evidence-based stroke

8   guidelines related to reducing the occurrence,

9   disabilities, and death associated with stroke.

10  (2) A hospital certified as a Primary Stroke Center by

11  a nationally recognized certifying body approved by the

12  Department, shall send a copy of the Certificate and

13  annual fee to the Department and shall be deemed, within

14  30 business days of its receipt by the Department, to be a

15  State-designated Primary Stroke Center.

16  (3) A center designated as a Primary Stroke Center

17  shall pay an annual fee as determined by the Department

18  that shall be no less than $100 and no greater than $500.

19  All fees shall be deposited into the Stroke Data

20  Collection Fund.

21  (3.5) With respect to a hospital that is a designated

22  Primary Stroke Center, the Department shall have the

23  authority and responsibility to do the following:

24  (A) Suspend or revoke a hospital's Primary Stroke

25  Center designation upon receiving notice that the

26  hospital's Primary Stroke Center certification has
    SB2394 Enrolled   - 1752 - LRB104 09208 AMC 19265 b

1   lapsed or has been revoked by the State recognized

2   certifying body.

3   (B) Suspend a hospital's Primary Stroke Center

4   designation, in extreme circumstances where patients

5   may be at risk for immediate harm or death, until such

6   time as the certifying body investigates and makes a

7   final determination regarding certification.

8   (C) Restore any previously suspended or revoked

9   Department designation upon notice to the Department

10  that the certifying body has confirmed or restored the

11  Primary Stroke Center certification of that previously

12  designated hospital.

13  (D) Suspend a hospital's Primary Stroke Center

14  designation at the request of a hospital seeking to

15  suspend its own Department designation.

16  (4) Primary Stroke Center designation shall remain

17  valid at all times while the hospital maintains its

18  certification as a Primary Stroke Center, in good

19  standing, with the certifying body. The duration of a

20  Primary Stroke Center designation shall coincide with the

21  duration of its Primary Stroke Center certification. Each

22  designated Primary Stroke Center shall have its

23  designation automatically renewed upon the Department's

24  receipt of a copy of the accrediting body's certification

25  renewal.

26  (5) A hospital that no longer meets nationally
    SB2394 Enrolled          - 1753 - LRB104 09208 AMC 19265 b

1   recognized, evidence-based standards for Primary Stroke

2   Centers, or loses its Primary Stroke Center certification,

3   shall notify the Department and the Regional EMS Advisory

4   Committee within 5 business days.

5   (a-5) The Department shall attempt to designate

6 Comprehensive Stroke Centers in all areas of the State.

7   (1) The Department shall designate as many certified

8   Comprehensive Stroke Centers as apply for that

9   designation, provided that the Comprehensive Stroke

10  Centers are certified by a nationally recognized

11  certifying body approved by the Department, and provided

12  that the certifying body's certification criteria are

13  consistent with the most current nationally recognized and

14  evidence-based stroke guidelines for reducing the

15  occurrence of stroke and the disabilities and death

16  associated with stroke.

17  (2) A hospital certified as a Comprehensive Stroke

18  Center shall send a copy of the Certificate and annual fee

19  to the Department and shall be deemed, within 30 business

20  days of its receipt by the Department, to be a

21  State-designated Comprehensive Stroke Center.

22  (3) A hospital designated as a Comprehensive Stroke

23  Center shall pay an annual fee as determined by the

24  Department that shall be no less than $100 and no greater

25  than $500. All fees shall be deposited into the Stroke

26  Data Collection Fund.
    SB2394 Enrolled  - 1754 - LRB104 09208 AMC 19265 b

1   (4) With respect to a hospital that is a designated

2   Comprehensive Stroke Center, the Department shall have the

3   authority and responsibility to do the following:

4   (A) Suspend or revoke the hospital's Comprehensive

5   Stroke Center designation upon receiving notice that

6   the hospital's Comprehensive Stroke Center

7   certification has lapsed or has been revoked by the

8   State recognized certifying body.

9   (B) Suspend the hospital's Comprehensive Stroke

10  Center designation, in extreme circumstances in which

11  patients may be at risk for immediate harm or death,

12  until such time as the certifying body investigates

13  and makes a final determination regarding

14  certification.

15  (C) Restore any previously suspended or revoked

16  Department designation upon notice to the Department

17  that the certifying body has confirmed or restored the

18  Comprehensive Stroke Center certification of that

19  previously designated hospital.

20  (D) Suspend the hospital's Comprehensive Stroke

21  Center designation at the request of a hospital

22  seeking to suspend its own Department designation.

23  (5) Comprehensive Stroke Center designation shall

24  remain valid at all times while the hospital maintains its

25  certification as a Comprehensive Stroke Center, in good

26  standing, with the certifying body. The duration of a
    SB2394 Enrolled         - 1755 - LRB104 09208 AMC 19265 b

1   Comprehensive Stroke Center designation shall coincide

2   with the duration of its Comprehensive Stroke Center

3   certification. Each designated Comprehensive Stroke Center

4   shall have its designation automatically renewed upon the

5   Department's receipt of a copy of the certifying body's

6   certification renewal.

7   (6) A hospital that no longer meets nationally

8   recognized, evidence-based standards for Comprehensive

9   Stroke Centers, or loses its Comprehensive Stroke Center

10  certification, shall notify the Department and the

11  Regional EMS Advisory Committee within 5 business days.

12  (a-7) (a-5) The Department shall attempt to designate

13 Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke

14 Centers, and Primary Stroke Centers Plus in all areas of the

15 State according to the following requirements:

16  (1) The Department shall designate as many certified

17  Thrombectomy Capable Stroke Centers, Thrombectomy Ready

18  Stroke Centers, and Primary Stroke Centers Plus as apply

19  for that designation, provided that the body certifying

20  the facility uses certification criteria consistent with

21  the most current nationally recognized and evidence-based

22  stroke guidelines for reducing the occurrence of strokes

23  and the disabilities and death associated with strokes.

24  (2) A Thrombectomy Capable Stroke Center, Thrombectomy

25  Ready Stroke Center, or Primary Stroke Center Plus shall

26  send a copy of the certificate of its designation and
    SB2394 Enrolled  - 1756 - LRB104 09208 AMC 19265 b

1   annual fee to the Department and shall be deemed, within

2   30 business days after its receipt by the Department, to

3   be a State-designated Thrombectomy Capable Stroke Center,

4   Thrombectomy Ready Stroke Center, or Primary Stroke Center

5   Plus.

6   (3) A Thrombectomy Capable Stroke Center, Thrombectomy

7   Ready Stroke Center, or Primary Stroke Center Plus shall

8   pay an annual fee as determined by the Department that

9   shall be no less than $100 and no greater than $500. All

10  fees collected under this paragraph shall be deposited

11  into the Stroke Data Collection Fund.

12  (4) With respect to a Thrombectomy Capable Stroke

13  Center, Thrombectomy Ready Stroke Center, or Primary

14  Stroke Center Plus, the Department shall:

15         (A) suspend or revoke the Thrombectomy Capable

16  Stroke Center, Thrombectomy Ready Stroke Center, or

17  Primary Stroke Center Plus designation upon receiving

18  notice that the Thrombectomy Capable Stroke Center's,

19  Thrombectomy Ready Stroke Center's, or Primary Stroke

20  Center Plus's certification has lapsed or has been

21  revoked by its certifying body;

22         (B) in extreme circumstances in which patients may

23  be at risk for immediate harm or death, suspend the

24  Thrombectomy Capable Stroke Center's, Thrombectomy

25  Ready Stroke Center's, or Primary Stroke Center Plus's

26  designation until its certifying body investigates the
    SB2394 Enrolled     - 1757 - LRB104 09208 AMC 19265 b

1   circumstances and makes a final determination

2   regarding its certification;

3   (C) restore any previously suspended or revoked

4   Department designation upon notice to the Department

5   that the certifying body has confirmed or restored the

6   Thrombectomy Capable Stroke Center's, Thrombectomy

7   Ready Stroke Center's, or Primary Stroke Center Plus's

8   certification; and

9   (D) suspend the Thrombectomy Capable Stroke

10  Center's, Thrombectomy Ready Stroke Center's, or

11  Primary Stroke Center Plus's designation at the

12  request of a facility seeking to suspend its own

13  Department designation.

14  (5) A Thrombectomy Capable Stroke Center, Thrombectomy

15  Ready Stroke Center, or Primary Stroke Center Plus

16  designation shall remain valid at all times while the

17  facility maintains its certification as a Thrombectomy

18  Capable Stroke Center, Thrombectomy Ready Stroke Center,

19  or Primary Stroke Center Plus and is in good standing with

20  the certifying body. The duration of a Thrombectomy

21  Capable Stroke Center, Thrombectomy Ready Stroke Center,

22  or Primary Stroke Center Plus designation shall be the

23  same as the duration of its Thrombectomy Capable Stroke

24  Center, Thrombectomy Ready Stroke Center, or Primary

25  Stroke Center Plus certification. Each designated

26  Thrombectomy Capable Stroke Center, Thrombectomy Ready
    SB2394 Enrolled  - 1758 - LRB104 09208 AMC 19265 b

1   Stroke Center, or Primary Stroke Center Plus shall have

2   its designation automatically renewed upon the

3   Department's receipt of a copy of the certifying body's

4   renewal of the certification.

5   (6) A hospital that no longer meets the criteria for

6   Thrombectomy Capable Stroke Centers, Thrombectomy Ready

7   Stroke Centers, or Primary Stroke Centers Plus, or loses

8   its Thrombectomy Capable Stroke Center, Thrombectomy Ready

9   Stroke Center, or Primary Stroke Center Plus

10  certification, shall notify the Department and the

11  Regional EMS Advisory Committee of the situation within 5

12  business days after being made aware of it.

13  (b) Beginning on the first day of the month that begins 12

14 months after the adoption of rules authorized by this

15 subsection, the Department shall attempt to designate

16 hospitals as Acute Stroke-Ready Hospitals in all areas of the

17 State. Designation may be approved by the Department after a

18 hospital has been certified as an Acute Stroke-Ready Hospital

19 or through application and designation by the Department. For

20 any hospital that is designated as an Emergent Stroke Ready

21 Hospital at the time that the Department begins the

22 designation of Acute Stroke-Ready Hospitals, the Emergent

23 Stroke Ready designation shall remain intact for the duration

24 of the 12-month period until that designation expires. Until

25 the Department begins the designation of hospitals as Acute

26 Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
    SB2394 Enrolled        - 1759 - LRB104 09208 AMC 19265 b

1 Ready Hospital designation utilizing the processes and

2 criteria provided in Public Act 96-514.

3   (1) (Blank).

4   (2) Hospitals may apply for, and receive, Acute

5   Stroke-Ready Hospital designation from the Department,

6   provided that the hospital attests, on a form developed by

7   the Department in consultation with the State Stroke

8   Advisory Subcommittee, that it meets, and will continue to

9   meet, the criteria for Acute Stroke-Ready Hospital

10  designation and pays an annual fee.

11  A hospital designated as an Acute Stroke-Ready

12  Hospital shall pay an annual fee as determined by the

13  Department that shall be no less than $100 and no greater

14  than $500. All fees shall be deposited into the Stroke

15  Data Collection Fund.

16  (2.5) A hospital may apply for, and receive, Acute

17  Stroke-Ready Hospital designation from the Department,

18  provided that the hospital provides proof of current Acute

19  Stroke-Ready Hospital certification and the hospital pays

20  an annual fee.

21  (A) Acute Stroke-Ready Hospital designation shall

22  remain valid at all times while the hospital maintains

23  its certification as an Acute Stroke-Ready Hospital,

24  in good standing, with the certifying body.

25  (B) The duration of an Acute Stroke-Ready Hospital

26  designation shall coincide with the duration of its
    SB2394 Enrolled  - 1760 - LRB104 09208 AMC 19265 b

1   Acute Stroke-Ready Hospital certification.

2   (C) Each designated Acute Stroke-Ready Hospital

3   shall have its designation automatically renewed upon

4   the Department's receipt of a copy of the certifying

5   body's certification renewal and Application for

6   Stroke Center Designation form.

7   (D) A hospital must submit a copy of its

8   certification renewal from the certifying body as soon

9   as practical but no later than 30 business days after

10  that certification is received by the hospital. Upon

11  the Department's receipt of the renewal certification,

12  the Department shall renew the hospital's Acute

13  Stroke-Ready Hospital designation.

14  (E) A hospital designated as an Acute Stroke-Ready

15  Hospital shall pay an annual fee as determined by the

16  Department that shall be no less than $100 and no

17  greater than $500. All fees shall be deposited into

18  the Stroke Data Collection Fund.

19  (3) Hospitals seeking Acute Stroke-Ready Hospital

20  designation that do not have certification shall develop

21  policies and procedures that are consistent with

22  nationally recognized, evidence-based protocols for the

23  provision of emergent stroke care. Hospital policies

24  relating to emergent stroke care and stroke patient

25  outcomes shall be reviewed at least annually, or more

26  often as needed, by a hospital committee that oversees
    SB2394 Enrolled  - 1761 - LRB104 09208 AMC 19265 b

1   quality improvement. Adjustments shall be made as

2   necessary to advance the quality of stroke care delivered.

3   Criteria for Acute Stroke-Ready Hospital designation of

4   hospitals shall be limited to the ability of a hospital

5   to:

6        (A) create written acute care protocols related to

7        emergent stroke care;

8        (A-5) participate in the data collection system

9        provided in Section 3.118, if available;

10       (B) maintain a written transfer agreement with one

11       or more hospitals that have neurosurgical expertise;

12       (C) designate a Clinical Director of Stroke Care

13       who shall be a clinical member of the hospital staff

14       with training or experience, as defined by the

15       facility, in the care of patients with cerebrovascular

16       disease. This training or experience may include, but

17       is not limited to, completion of a fellowship or other

18       specialized training in the area of cerebrovascular

19       disease, attendance at national courses, or prior

20       experience in neuroscience intensive care units. The

21       Clinical Director of Stroke Care may be a neurologist,

22       neurosurgeon, emergency medicine physician, internist,

23       radiologist, advanced practice registered nurse, or

24       physician physician's assistant;

25       (C-5) provide rapid access to an acute stroke

26       team, as defined by the facility, that considers and
    SB2394 Enrolled  - 1762 - LRB104 09208 AMC 19265 b

1   reflects nationally recognized, evidence-based

2   protocols or guidelines;

3   (D) administer thrombolytic therapy, or

4   subsequently developed medical therapies that meet

5   nationally recognized, evidence-based stroke

6   guidelines;

7   (E) conduct brain image tests at all times;

8   (F) conduct blood coagulation studies at all

9   times;

10  (G) maintain a log of stroke patients, which shall

11  be available for review upon request by the Department

12  or any hospital that has a written transfer agreement

13  with the Acute Stroke-Ready Hospital;

14  (H) admit stroke patients to a unit that can

15  provide appropriate care that considers and reflects

16  nationally recognized, evidence-based protocols or

17  guidelines or transfer stroke patients to an Acute

18  Stroke-Ready Hospital, Primary Stroke Center, or

19  Comprehensive Stroke Center, or another facility that

20  can provide the appropriate care that considers and

21  reflects nationally recognized, evidence-based

22  protocols or guidelines; and

23  (I) demonstrate compliance with nationally

24  recognized quality indicators.

25  (4) With respect to Acute Stroke-Ready Hospital

26  designation, the Department shall have the authority and
    SB2394 Enrolled    - 1763 - LRB104 09208 AMC 19265 b

1   responsibility to do the following:

2   (A) Require hospitals applying for Acute

3   Stroke-Ready Hospital designation to attest, on a form

4   developed by the Department in consultation with the

5   State Stroke Advisory Subcommittee, that the hospital

6   meets, and will continue to meet, the criteria for an

7   Acute Stroke-Ready Hospital.

8   (A-5) Require hospitals applying for Acute

9   Stroke-Ready Hospital designation via national Acute

10  Stroke-Ready Hospital certification to provide proof

11  of current Acute Stroke-Ready Hospital certification,

12  in good standing.

13  The Department shall require a hospital that is

14  already certified as an Acute Stroke-Ready Hospital to

15  send a copy of the Certificate to the Department.

16  Within 30 business days of the Department's

17  receipt of a hospital's Acute Stroke-Ready Certificate

18  and Application for Stroke Center Designation form

19  that indicates that the hospital is a certified Acute

20  Stroke-Ready Hospital, in good standing, the hospital

21  shall be deemed a State-designated Acute Stroke-Ready

22  Hospital. The Department shall send a designation

23  notice to each hospital that it designates as an Acute

24  Stroke-Ready Hospital and shall add the names of

25  designated Acute Stroke-Ready Hospitals to the website

26  listing immediately upon designation. The Department
    SB2394 Enrolled  - 1764 - LRB104 09208 AMC 19265 b

1   shall immediately remove the name of a hospital from

2   the website listing when a hospital loses its

3   designation after notice and, if requested by the

4   hospital, a hearing.

5   The Department shall develop an Application for

6   Stroke Center Designation form that contains a

7   statement that "The above named facility meets the

8   requirements for Acute Stroke-Ready Hospital

9   Designation as provided in Section 3.117 of the

10  Emergency Medical Services (EMS) Systems Act" and

11  shall instruct the applicant facility to provide: the

12  hospital name and address; the hospital CEO or

13  Administrator's typed name and signature; the hospital

14  Clinical Director of Stroke Care's typed name and

15  signature; and a contact person's typed name, email

16  address, and phone number.

17  The Application for Stroke Center Designation form

18  shall contain a statement that instructs the hospital

19  to "Provide proof of current Acute Stroke-Ready

20  Hospital certification from a nationally recognized

21  certifying body approved by the Department".

22  (B) Designate a hospital as an Acute Stroke-Ready

23  Hospital no more than 30 business days after receipt

24  of an attestation that meets the requirements for

25  attestation, unless the Department, within 30 days of

26  receipt of the attestation, chooses to conduct an
    SB2394 Enrolled  - 1765 - LRB104 09208 AMC 19265 b

1   onsite survey prior to designation. If the Department

2   chooses to conduct an onsite survey prior to

3   designation, then the onsite survey shall be conducted

4   within 90 days of receipt of the attestation.

5   (C) Require annual written attestation, on a form

6   developed by the Department in consultation with the

7   State Stroke Advisory Subcommittee, by Acute

8   Stroke-Ready Hospitals to indicate compliance with

9   Acute Stroke-Ready Hospital criteria, as described in

10  this Section, and automatically renew Acute

11  Stroke-Ready Hospital designation of the hospital.

12  (D) Issue an Emergency Suspension of Acute

13  Stroke-Ready Hospital designation when the Director,

14  or his or her designee, has determined that the

15  hospital no longer meets the Acute Stroke-Ready

16  Hospital criteria and an immediate and serious danger

17  to the public health, safety, and welfare exists. If

18  the Acute Stroke-Ready Hospital fails to eliminate the

19  violation immediately or within a fixed period of

20  time, not exceeding 10 days, as determined by the

21  Director, the Director may immediately revoke the

22  Acute Stroke-Ready Hospital designation. The Acute

23  Stroke-Ready Hospital may appeal the revocation within

24  15 business days after receiving the Director's

25  revocation order, by requesting an administrative

26  hearing.
    SB2394 Enrolled     - 1766 - LRB104 09208 AMC 19265 b

1              (E) After notice and an opportunity for an

2   administrative hearing, suspend, revoke, or refuse to

3   renew an Acute Stroke-Ready Hospital designation, when

4   the Department finds the hospital is not in

5   substantial compliance with current Acute Stroke-Ready

6   Hospital criteria.

7   (c) The Department shall consult with the State Stroke

8 Advisory Subcommittee for developing the designation,

9 re-designation, and de-designation processes for Comprehensive

10 Stroke Centers, Thrombectomy Capable Stroke Centers,

11 Thrombectomy Ready Stroke Centers, Primary Stroke Centers

12 Plus, Primary Stroke Centers, and Acute Stroke-Ready

13 Hospitals.

14  (d) The Department shall consult with the State Stroke

15 Advisory Subcommittee as subject matter experts at least

16 annually regarding stroke standards of care.

17 (Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24;

18 revised 7-19-24.)

19  Section 740. The Hospital Licensing Act is amended by

20 setting forth and renumbering multiple versions of Section

21 11.9 as follows:

22  (210 ILCS 85/11.9)

23  Sec. 11.9. Maternal milk donation education.

24  (a) To ensure an adequate supply of pasteurized donor
    SB2394 Enrolled         - 1767 - LRB104 09208 AMC 19265 b

1 human milk for premature infants in Illinois, a hospital with

2 licensed obstetric beds shall provide information and

3 instructional materials to parents of each newborn, upon

4 discharge from the hospital, regarding the option to

5 voluntarily donate milk to nonprofit milk banks that are

6 accredited by the Human Milk Banking Association of North

7 America or its successor organization. The materials shall be

8 provided free of charge and shall include general information

9 regarding nonprofit milk banking practices and contact

10 information for area nonprofit milk banks that are accredited

11 by the Human Milk Banking Association of North America.

12  (b) The information and instructional materials described

13 in subsection (a) may be provided electronically.

14  (c) Nothing in this Section prohibits a hospital from

15 obtaining free and suitable information on voluntary milk

16 donation from the Human Milk Banking Association of North

17 America, its successor organization, or its accredited

18 members.

19 (Source: P.A. 103-160, eff. 1-1-24; 103-605, eff. 7-1-24.)

20  (210 ILCS 85/11.10)

21  (This Section may contain text from a Public Act with a

22 delayed effective date)

23  Sec. 11.10 11.9. Certificate of birth resulting in

24 stillbirth; notification. This Section may be referred to as

25 Liam's Law.
    SB2394 Enrolled   - 1768 - LRB104 09208 AMC 19265 b

1   A hospital having custody of a fetus following a

2 spontaneous fetal death occurring during or after a gestation

3 period of at least 20 completed weeks must notify the

4 gestational parent of the parent's right to receive a

5 certificate of birth resulting in stillbirth as described in

6 Section 20.5 of the Vital Records Act. The Department of

7 Public Health shall develop language on a form to be used for

8 notification under this Section and hospitals shall provide

9 the form to the gestational parent. This section of language

10 shall be known as a "Liam's Law notice". The "Liam's Law

11 notice" shall be available in both English and Spanish.

12 (Source: P.A. 103-948, eff. 7-1-25; revised 10-2-24.)

13  Section 745. The Fair Patient Billing Act is amended by

14 changing Section 35 as follows:

15  (210 ILCS 88/35)

16  Sec. 35. Collection limitations.

17  (a) The hospital shall not pursue legal action for

18 non-payment of a hospital bill against uninsured patients who

19 have clearly demonstrated that they have neither sufficient

20 income nor assets to meet their financial obligations provided

21 the patient has complied with Section 45 of this Act.

22  (b) A hospital may not bill an uninsured patient who that

23 requires health care services, as defined in Section 5 of the

24 Hospital Uninsured Patient Discount Act, if it determines,
    SB2394 Enrolled  - 1769 - LRB104 09208 AMC 19265 b

1 through its financial assistance screening process, that the
2 patient has a household income that qualifies the person for
3 free care under the Hospital Uninsured Patient Discount Act.
4 If the patient is deemed eligible for public health insurance
5 or any other insurance product certified by the Department of
6 Insurance, the hospital shall provide information to the
7 patient about how the patient can apply for the insurance
8 program under subsection (f) of Section 16.
9 (Source: P.A. 103-901, eff. 1-1-25; revised 11-22-24.)

10  Section 750. The Mobile Home Park Act is amended by

11 changing Sections 1 and 21.5 as follows:

12  (210 ILCS 115/1) (from Ch. 111 1/2, par. 711)

13  Sec. 1. The General Assembly of Illinois finds: (1) that

14 there is a serious housing shortage in this State state; (2)

15 that rising costs in the building construction field have has

16 seriously impeded the building of new housing, particularly

17 for moderate-income moderate and low-income low income

18 citizens; (3) that the existing housing stock is continuously

19 depleted through demolition resulting from aging buildings,

20 urban renewal, highway construction, and other necessary

21 public improvements; (4) that advances in the construction of

22 mobile homes have has significantly increased the importance

23 of this mode of housing; and (5) that, through proper

24 regulation and licensing, mobile homes can contribute to the
    SB2394 Enrolled      - 1770 - LRB104 09208 AMC 19265 b

1 quality housing of Illinois citizens.
2 (Source: P.A. 77-1472; revised 10-23-24.)

3   (210 ILCS 115/21.5)

4   Sec. 21.5. Mobile home parks report. Beginning in 2026,

5 the Department shall prepare an annual report that contains,

6 at a minimum, the total number of mobile parks licensed by

7 registered with the Department; the total number of mobile

8 home parks that closed in the preceding year; the total number

9 of newly permitted mobile home parks from the preceding year;

10 the total number of mobile home parks that failed to renew and

11 comply with the licensing requirements for the preceding

12 calendar year; how many administrative cases were opened in

13 the preceding calendar year; if the administrative case was

14 resolved or is still open; a brief summary of the nature of the

15 administrative cases; and an update on the Department's

16 staffing for mobile home enforcement and oversight. The report

17 shall be made public no later than July 1 for the preceding

18 calendar year.

19 (Source: P.A. 103-819, eff. 1-1-25; revised 12-1-24.)

20  Section 755. The Illinois Insurance Code is amended by

21 changing the heading of Article V.75 and Sections 155.36, 355,

22 356z.5, 356z.14, 356z.25, 356z.40, 363, 367a, 367f, 370c, 408,

23 416, 500-35, 511.109, and 534.3 and by setting forth and

24 renumbering multiple versions of Sections 356z.61 and 356z.71
         SB2394 Enrolled  - 1771 - LRB104 09208 AMC 19265 b
1 as follows:

2   (215 ILCS 5/Art. V.75 heading)

3   ARTICLE V 3/4. GROUP WORKERS' COMPENSATION

4                         POOLS; POOLING; INSOLVENCY FUND.

5   (215 ILCS 5/155.36)

6   Sec. 155.36. Managed Care Reform and Patient Rights Act.

7 Insurance companies that transact the kinds of insurance

8 authorized under Class 1(b) or Class 2(a) of Section 4 of this

9 Code shall comply with Sections 25, 45, 45.1, 45.2, 45.3, 65,

10 70, 85, and 87, subsection (d) of Section 30, and the

11 definitions of the term "emergency medical condition" and any

12 other term in Section 10 of the Managed Care Reform and Patient

13 Rights Act that is used in the other Sections listed in this

14 Section. Except as provided by Section 85 of the Managed Care

15 Reform and Patient Rights Act, no law or rule shall be

16 construed to exempt any utilization review program from the

17 requirements of Section 85 of the Managed Care Reform and

18 Patient Rights Act with respect to any insurance described in

19 this Section.

20 (Source: P.A. 102-409, eff. 1-1-22; 103-426, eff. 8-4-23;

21 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.)

22  (215 ILCS 5/355)

23  Sec. 355. Accident and health policies; provisions.
    SB2394 Enrolled  - 1772 - LRB104 09208 AMC 19265 b

1   (a) As used in this Section:

2   "Inadequate rate" means a rate:

3   (1) that is insufficient to sustain projected losses

4   and expenses to which the rate applies; and

5   (2) the continued use of which endangers the solvency

6   of an insurer using that rate.

7   "Large employer" has the meaning provided in the Illinois

8 Health Insurance Portability and Accountability Act.

9   "Plain language" has the meaning provided in the federal

10 Plain Writing Act of 2010 and subsequent guidance documents,

11 including the Federal Plain Language Guidelines.

12  "Unreasonable rate increase" means a rate increase that

13 the Director determines to be excessive, unjustified, or

14 unfairly discriminatory in accordance with 45 CFR 154.205.

15  (b) No policy of insurance against loss or damage from the

16 sickness, or from the bodily injury or death of the insured by

17 accident shall be issued or delivered to any person in this

18 State until a copy of the form thereof and of the

19 classification of risks and the premium rates pertaining

20 thereto have been filed with the Director; nor shall it be so

21 issued or delivered until the Director shall have approved

22 such policy pursuant to the provisions of Section 143. If the

23 Director disapproves the policy form, he or she shall make a

24 written decision stating the respects in which such form does

25 not comply with the requirements of law and shall deliver a

26 copy thereof to the company and it shall be unlawful
    SB2394 Enrolled  - 1773 - LRB104 09208 AMC 19265 b

1 thereafter for any such company to issue any policy in such

2 form. On and after January 1, 2025, any form filing submitted

3 for large employer group accident and health insurance shall

4 be automatically deemed approved within 90 days of the

5 submission date unless the Director extends by not more than

6 an additional 30 days the period within which the form shall be

7 approved or disapproved by giving written notice to the

8 insurer of such extension before the expiration of the 90

9 days. Any form in receipt of such an extension shall be

10 automatically deemed approved within 120 days of the

11 submission date. The Director may toll the filing due to a

12 conflict in legal interpretation of federal or State law as

13 long as the tolling is applied uniformly to all applicable

14 forms, written notification is provided to the insurer prior

15 to the tolling, the duration of the tolling is provided within

16 the notice to the insurer, and justification for the tolling

17 is posted to the Department's website. The Director may

18 disapprove the filing if the insurer fails to respond to an

19 objection or request for additional information within the

20 timeframe identified for response. As used in this subsection,

21 "large employer" has the meaning given in Section 5 of the

22 federal Health Insurance Portability and Accountability Act.

23  (c) For plan year 2026 and thereafter, premium rates for

24 all individual and small group accident and health insurance

25 policies must be filed with the Department for approval.

26 Unreasonable rate increases or inadequate rates shall be
    SB2394 Enrolled  - 1774 - LRB104 09208 AMC 19265 b

1 modified or disapproved. For any plan year during which the

2 Illinois Health Benefits Exchange operates as a full

3 State-based exchange, the Department shall provide insurers at

4 least 30 days' notice of the deadline to submit rate filings.

5   (c-5) Unless prohibited under federal law, for plan year

6 2026 and thereafter, each insurer proposing to offer a

7 qualified health plan issued in the individual market through

8 the Illinois Health Benefits Exchange must incorporate the

9 following approach in its rate filing under this Section:

10  (1) The rate filing must apply a cost-sharing

11  reduction defunding adjustment factor within a range that:

12  (A) is uniform across all insurers;

13  (B) is consistent with the total adjustment

14  expected to be needed to cover actual cost-sharing

15  reduction costs across all silver plans on the

16  Illinois Health Benefits Exchange statewide, provided

17  that such costs are calculated assuming utilization by

18  the State's full individual-market risk pool; and

19  (C) assumes that the only on-Exchange silver plans

20  that will be purchased are the 87% and 94%

21  cost-sharing reduction variations.

22  (2) The rate filing must apply an induced demand

23  factor based on the following formula: (Plan Actuarial

24  Value)2 - (Plan Actuarial Value) + 1.24.

25  In the annual notice to insurers described in subsection

26 (c), the Department must include the specific numerical range
    SB2394 Enrolled  - 1775 - LRB104 09208 AMC 19265 b

1 calculated for the applicable plan year under paragraph (1) of

2 this subsection (c-5) and the formula in paragraph (2) of this

3 subsection (c-5).

4   (d) For plan year 2025 and thereafter, the Department

5 shall post all insurers' rate filings and summaries on the

6 Department's website 5 business days after the rate filing

7 deadline set by the Department in annual guidance. The rate

8 filings and summaries posted to the Department's website shall

9 exclude information that is proprietary or trade secret

10 information protected under paragraph (g) of subsection (1) of

11 Section 7 of the Freedom of Information Act or confidential or

12 privileged under any applicable insurance law or rule. All

13 summaries shall include a brief justification of any rate

14 increase or decrease requested, including the number of

15 individual members, the medical loss ratio, medical trend,

16 administrative costs, and any other information required by

17 rule. The plain writing summary shall include notification of

18 the public comment period established in subsection (e).

19  (e) The Department shall open a 30-day public comment

20 period on the rate filings beginning on the date that all of

21 the rate filings are posted on the Department's website. The

22 Department shall post all of the comments received to the

23 Department's website within 5 business days after the comment

24 period ends.

25  (f) After the close of the public comment period described

26 in subsection (e), the Department, beginning for plan year
    SB2394 Enrolled       - 1776 - LRB104 09208 AMC 19265 b

1 2026, shall issue a decision to approve, disapprove, or modify

2 a rate filing within 60 days. Any rate filing or any rates

3 within a filing on which the Director does not issue a decision

4 within 60 days shall automatically be deemed approved. The

5 Director's decision shall take into account the actuarial

6 justifications and public comments. The Department shall

7 notify the insurer of the decision, make the decision

8 available to the public by posting it on the Department's

9 website, and include an explanation of the findings, actuarial

10 justifications, and rationale that are the basis for the

11 decision. Any company whose rate has been modified or

12 disapproved shall be allowed to request a hearing within 10

13 days after the action taken. The action of the Director in

14 disapproving a rate shall be subject to judicial review under

15 the Administrative Review Law.

16  (g) If, following the issuance of a decision but before

17 the effective date of the premium rates approved by the

18 decision, an event occurs that materially affects the

19 Director's decision to approve, deny, or modify the rates, the

20 Director may consider supplemental facts or data reasonably

21 related to the event.

22  (h) The Department shall adopt rules implementing the

23 procedures described in subsections (d) through (g) by March

24 31, 2024.

25  (i) Subsection (a), subsections (c) through (h), and

26 subsection (j) of this Section do not apply to grandfathered
    SB2394 Enrolled  - 1777 - LRB104 09208 AMC 19265 b

1 health plans as defined in 45 CFR 147.140; excepted benefits

2 as defined in 42 U.S.C. 300gg-91; or student health insurance

3 coverage as defined in 45 CFR 147.145. For a filing of premium

4 rates or classifications of risk for any of these types of

5 coverage, the Director's initial review period shall not

6 exceed 60 days to issue informal objections to the company

7 that request additional clarification, explanation,

8 substantiating documentation, or correction of concerns

9 identified in the filing before the company implements the

10 premium rates, classifications, or related rate-setting

11 methodologies described in the filing, except that the

12 Director may extend by not more than an additional 30 days the

13 period of initial review by giving written notice to the

14 company of such extension before the expiration of the initial

15 60-day period. Nothing in this subsection shall confer

16 authority upon the Director to approve, modify, or disapprove

17 rates where that authority is not provided by other law.

18 Nothing in this subsection shall prohibit the Director from

19 conducting any investigation, examination, hearing, or other

20 formal administrative or enforcement proceeding with respect

21 to a company's rate filing or implementation thereof under

22 applicable law at any time, including after the period of

23 initial review.

24  (j) Subsection (a) and subsections (c) through (h) do not

25 apply to group policies issued in the large group market as

26 defined in Section 5 of the Illinois Health Insurance
    SB2394 Enrolled  - 1778 - LRB104 09208 AMC 19265 b

1 Portability and Accountability Act. For large group policies

2 issued, delivered, amended, or renewed on or after January 1,

3 2026 that are not described in subsection (i), the premium

4 rates and risk classifications, including any rate manuals and

5 rules used to arrive at the rates, must be filed with the

6 Department annually for approval at least 120 days before the

7 rates are intended to take effect.

8   (1) A rate filing shall be modified or disapproved if

9   the premiums are unreasonable in relation to the benefits

10  because the rates were not calculated in accordance with

11  sound actuarial principles.

12  (2) Within 60 days of receipt of the rate filing, the

13  Director shall issue a decision to approve, disapprove, or

14  modify the filing along with the reasons and actuarial

15  justification for the decision. Any rate filing or rates

16  within a filing on which the Director does not issue a

17  decision within 60 days shall be automatically deemed

18  approved.

19  (3) Any company whose rate or rate filing has been

20  modified or disapproved shall be allowed to request a

21  hearing within 10 days after the action taken. The action

22  of the Director in disapproving a rate or rate filing

23  shall be subject to judicial review under the

24  Administrative Review Law.

25  (4) Nothing in this subsection requires a company to

26  file a large group policy's final premium rates for prior
    SB2394 Enrolled      - 1779 - LRB104 09208 AMC 19265 b

1   approval if the company negotiates the final rates or rate

2   adjustments with the plan sponsor or its administrator in

3   accordance with the rate manual and rules of the currently

4   approved rate filing for the policy.

5   In this subsection, "administrator" and "plan sponsor"

6 have the meanings meaning given to those terms in 29 U.S.C.

7 1002(16).

8 (Source: P.A. 103-106, eff. 1-1-24; 103-650, Article 3,

9 Section 3-5, eff. 1-1-25; 103-650, Article 4, Section 4-5,

10 eff. 1-1-25; revised 11-26-24.)

11  (215 ILCS 5/356z.5)

12  Sec. 356z.5. Prescription inhalers inhalants.

13  (a) In this Section, "prescription inhaler" means a

14 prescribed medical device that delivers inhaled medications

15 used to treat breathing for persons suffering from asthma or

16 other life-threatening bronchial ailments. "Prescription

17 inhaler" includes metered-dose inhalers, nebulizers, and dry

18 powder inhalers. "Prescription inhaler" does not include

19 inhalers available over the counter without a prescription to

20 provide temporary relief from respiratory symptoms.

21  (b) A group or individual policy of accident and health

22 insurance or managed care plan amended, delivered, issued, or

23 renewed through December 31, 2025 that provides coverage for

24 prescription drugs may not deny or limit coverage for

25 prescription inhalers to enable persons to breathe when
    SB2394 Enrolled  - 1780 - LRB104 09208 AMC 19265 b

1 suffering from asthma or other life-threatening bronchial

2 ailments based upon any restriction on the number of days

3 before an inhaler refill may be obtained if, contrary to those

4 restrictions, the inhalants have been ordered or prescribed by

5 the treating physician and are medically appropriate.

6   (c) A group or individual policy of accident and health

7 insurance or managed care plan amended, delivered, issued, or

8 renewed on or after January 1, 2026 that provides coverage for

9 prescription drugs may not deny or limit, except as otherwise

10 provided in this subsection, coverage for prescription

11 inhalers to enable persons to breathe when suffering from

12 asthma or other life-threatening bronchial ailments based upon

13 any restriction on the number of days before an inhaler refill

14 may be obtained if, contrary to those restrictions, the

15 inhalants have been ordered or prescribed by the treating

16 physician and are medically appropriate. A group or individual

17 policy of accident and health insurance or managed care plan

18 subject to this subsection shall limit the total amount that a

19 covered person is required to pay for a covered prescription

20 inhaler to an amount not to exceed $25 per 30-day supply.

21  (d) Nothing in this Section prevents a group or individual

22 policy of accident and health insurance or managed care plan

23 from reducing a covered person's cost sharing to an amount

24 less than the amount specified in subsection (c).

25  (e) Coverage for prescription inhalers shall not be

26 subject to any deductible; except that this provision does not
    SB2394 Enrolled       - 1781 - LRB104 09208 AMC 19265 b

1 apply to the extent such coverage would disqualify a

2 high-deductible health plan from eligibility for a health

3 savings account pursuant to Section 223 of the Internal

4 Revenue Code (26 U.S.C. 223).

5   (f) The Department may adopt rules necessary to implement

6 and administer this Section and to align with federal

7 requirements. The Department may use any of its enforcement

8 powers to obtain a group or individual policy of accident and

9 health insurance's or managed care plan's compliance with this

10 Section.

11 (Source: P.A. 103-951, eff. 1-1-25; revised 11-22-24.)

12  (215 ILCS 5/356z.14)

13  Sec. 356z.14. Autism spectrum disorders.

14  (a) A group or individual policy of accident and health

15 insurance or managed care plan amended, delivered, issued, or

16 renewed after December 12, 2008 (the effective date of Public

17 Act 95-1005) must provide individuals under 21 years of age

18 coverage for the diagnosis of autism spectrum disorders and

19 for the treatment of autism spectrum disorders to the extent

20 that the diagnosis and treatment of autism spectrum disorders

21 are not already covered by the policy of accident and health

22 insurance or managed care plan.

23  (b) Coverage provided under this Section shall be subject

24 to a maximum benefit of $36,000 per year, but shall not be

25 subject to any limits on the number of visits to a service
    SB2394 Enrolled      - 1782 - LRB104 09208 AMC 19265 b

1 provider. The After December 30, 2009, the Director of the

2 Division of Insurance shall, on an annual basis, adjust the

3 maximum benefit for inflation using the Medical Care Component

4 of the United States Department of Labor Consumer Price Index

5 for All Urban Consumers. Payments made by an insurer on behalf

6 of a covered individual for any care, treatment, intervention,

7 service, or item, the provision of which was for the treatment

8 of a health condition not diagnosed as an autism spectrum

9 disorder, shall not be applied toward any maximum benefit

10 established under this subsection.

11  (c) Coverage under this Section shall be subject to

12 copayment, deductible, and coinsurance provisions of a policy

13 of accident and health insurance or managed care plan to the

14 extent that other medical services covered by the policy of

15 accident and health insurance or managed care plan are subject

16 to these provisions.

17  (d) This Section shall not be construed as limiting

18 benefits that are otherwise available to an individual under a

19 policy of accident and health insurance or managed care plan

20 and benefits provided under this Section may not be subject to

21 dollar limits, deductibles, copayments, or coinsurance

22 provisions that are less favorable to the insured than the

23 dollar limits, deductibles, or coinsurance provisions that

24 apply to physical illness generally.

25  (e) An insurer may not deny or refuse to provide otherwise

26 covered services, or refuse to renew, refuse to reissue, or
    SB2394 Enrolled        - 1783 - LRB104 09208 AMC 19265 b

1 otherwise terminate or restrict coverage under an individual

2 contract to provide services to an individual because the

3 individual or the individual's their dependent is diagnosed

4 with an autism spectrum disorder or due to the individual

5 utilizing benefits in this Section.

6   (e-5) An insurer may not deny or refuse to provide

7 otherwise covered services under a group or individual policy

8 of accident and health insurance or a managed care plan solely

9 because of the location wherein the clinically appropriate

10 services are provided.

11  (f) Upon request of the reimbursing insurer, a provider of

12 treatment for autism spectrum disorders shall furnish medical

13 records, clinical notes, or other necessary data that

14 substantiate that initial or continued medical treatment is

15 medically necessary and is resulting in improved clinical

16 status. When treatment is anticipated to require continued

17 services to achieve demonstrable progress, the insurer may

18 request a treatment plan consisting of diagnosis, proposed

19 treatment by type, frequency, anticipated duration of

20 treatment, the anticipated outcomes stated as goals, and the

21 frequency by which the treatment plan will be updated.

22  (g) When making a determination of medical necessity for a

23 treatment modality for autism spectrum disorders, an insurer

24 must make the determination in a manner that is consistent

25 with the manner used to make that determination with respect

26 to other diseases or illnesses covered under the policy,
    SB2394 Enrolled    - 1784 - LRB104 09208 AMC 19265 b

1 including an appeals process. During the appeals process, any

2 challenge to medical necessity must be viewed as reasonable

3 only if the review includes a physician with expertise in the

4 most current and effective treatment modalities for autism

5 spectrum disorders.

6   (h) Coverage for medically necessary early intervention

7 services must be delivered by certified early intervention

8 specialists, as defined in 89 Ill. Adm. Code 500 and any

9 subsequent amendments thereto.

10  (h-5) If an individual has been diagnosed as having an

11 autism spectrum disorder, meeting the diagnostic criteria in

12 place at the time of diagnosis, and treatment is determined

13 medically necessary, then that individual shall remain

14 eligible for coverage under this Section even if subsequent

15 changes to the diagnostic criteria are adopted by the American

16 Psychiatric Association. If no changes to the diagnostic

17 criteria are adopted after April 1, 2012, and before December

18 31, 2014, then this subsection (h-5) shall be of no further

19 force and effect.

20  (h-10) An insurer may not deny or refuse to provide

21 covered services, or refuse to renew, refuse to reissue, or

22 otherwise terminate or restrict coverage under an individual

23 contract, for a person diagnosed with an autism spectrum

24 disorder on the basis that the individual declined an

25 alternative medication or covered service when the

26 individual's health care provider has determined that such
    SB2394 Enrolled  - 1785 - LRB104 09208 AMC 19265 b

1 medication or covered service may exacerbate clinical

2 symptomatology and is medically contraindicated for the

3 individual and the individual has requested and received a

4 medical exception as provided for under Section 45.1 of the

5 Managed Care Reform and Patient Rights Act. For the purposes

6 of this subsection (h-10), "clinical symptomatology" means any

7 indication of disorder or disease when experienced by an

8 individual as a change from normal function, sensation, or

9 appearance.

10  (h-15) If, at any time, the Secretary of the United States

11 Department of Health and Human Services, or its successor

12 agency, promulgates rules or regulations to be published in

13 the Federal Register or publishes a comment in the Federal

14 Register or issues an opinion, guidance, or other action that

15 would require the State, pursuant to any provision of the

16 Patient Protection and Affordable Care Act (Public Law

17 111-148), including, but not limited to, 42 U.S.C.

18 18031(d)(3)(B) or any successor provision, to defray the cost

19 of any coverage outlined in subsection (h-10), then subsection

20 (h-10) is inoperative with respect to all coverage outlined in

21 subsection (h-10) other than that authorized under Section

22 1902 of the Social Security Act, 42 U.S.C. 1396a, and the State

23 shall not assume any obligation for the cost of the coverage

24 set forth in subsection (h-10).

25  (i) As used in this Section:

26  "Autism spectrum disorders" means pervasive developmental
    SB2394 Enrolled  - 1786 - LRB104 09208 AMC 19265 b

1 disorders as defined in the most recent edition of the

2 Diagnostic and Statistical Manual of Mental Disorders,

3 including autism, Asperger's disorder, and pervasive

4 developmental disorder not otherwise specified.

5   "Diagnosis of autism spectrum disorders" means one or more

6 tests, evaluations, or assessments to diagnose whether an

7 individual has autism spectrum disorder that is prescribed,

8 performed, or ordered by (A) a physician licensed to practice

9 medicine in all its branches or (B) a licensed clinical

10 psychologist with expertise in diagnosing autism spectrum

11 disorders.

12  "Medically necessary" means any care, treatment,

13 intervention, service, or item which will or is reasonably

14 expected to do any of the following: (i) prevent the onset of

15 an illness, condition, injury, disease, or disability; (ii)

16 reduce or ameliorate the physical, mental, or developmental

17 effects of an illness, condition, injury, disease, or

18 disability; or (iii) assist to achieve or maintain maximum

19 functional activity in performing daily activities.

20  "Treatment for autism spectrum disorders" shall include

21 the following care prescribed, provided, or ordered for an

22 individual diagnosed with an autism spectrum disorder by (A) a

23 physician licensed to practice medicine in all its branches or

24 (B) a certified, registered, or licensed health care

25 professional with expertise in treating effects of autism

26 spectrum disorders when the care is determined to be medically
    SB2394 Enrolled  - 1787 - LRB104 09208 AMC 19265 b

1 necessary and ordered by a physician licensed to practice

2 medicine in all its branches:

3   (1) Psychiatric care, meaning direct, consultative, or

4   diagnostic services provided by a licensed psychiatrist.

5   (2) Psychological care, meaning direct or consultative

6   services provided by a licensed psychologist.

7   (3) Habilitative or rehabilitative care, meaning

8   professional, counseling, and guidance services and

9   treatment programs, including applied behavior analysis,

10  that are intended to develop, maintain, and restore the

11  functioning of an individual. As used in this subsection

12  (i), "applied behavior analysis" means the design,

13  implementation, and evaluation of environmental

14  modifications using behavioral stimuli and consequences to

15  produce socially significant improvement in human

16  behavior, including the use of direct observation,

17  measurement, and functional analysis of the relations

18  between environment and behavior.

19  (4) Therapeutic care, including behavioral, speech,

20  occupational, and physical therapies that provide

21  treatment in the following areas: (i) self care and

22  feeding, (ii) pragmatic, receptive, and expressive

23  language, (iii) cognitive functioning, (iv) applied

24  behavior analysis, intervention, and modification, (v)

25  motor planning, and (vi) sensory processing.

26  (j) Rulemaking authority to implement this amendatory Act
    SB2394 Enrolled       - 1788 - LRB104 09208 AMC 19265 b

1 of the 95th General Assembly, if any, is conditioned on the
2 rules being adopted in accordance with all provisions of the
3 Illinois Administrative Procedure Act and all rules and
4 procedures of the Joint Committee on Administrative Rules; any
5 purported rule not so adopted, for whatever reason, is
6 unauthorized.
7 (Source: P.A. 102-322, eff. 1-1-22; 103-154, eff. 6-30-23;
8 revised 7-23-24.)

9   (215 ILCS 5/356z.25)

10  Sec. 356z.25. Coverage for treatment of pediatric

11 autoimmune neuropsychiatric disorders associated with

12 streptococcal infections and pediatric acute-onset acute onset

13 neuropsychiatric syndrome. A group or individual policy of

14 accident and health insurance or managed care plan that is

15 amended, delivered, issued, or renewed after July 18, 2017

16 (the effective date of Public Act 100-24) shall provide

17 coverage for treatment of pediatric autoimmune

18 neuropsychiatric disorders associated with streptococcal

19 infections and pediatric acute-onset neuropsychiatric

20 syndrome, including, but not limited to, the use of

21 intravenous immunoglobulin therapy.

22  No group or individual policy of accident and health

23 insurance or managed care plan shall deny or delay coverage

24 for medically necessary treatment under this Section solely

25 because the insured, enrollee, or beneficiary previously
    SB2394 Enrolled  - 1789 - LRB104 09208 AMC 19265 b

1 received any treatment, including the same or similar

2 treatment, for pediatric autoimmune neuropsychiatric disorders

3 associated with streptococcal infections or pediatric

4 acute-onset acute onset neuropsychiatric syndrome, or because

5 the insured, enrollee, or beneficiary has been diagnosed with

6 or receives treatment for an otherwise diagnosed condition.

7   For the purposes of this Section, coverage of pediatric

8 autoimmune neuropsychiatric disorders associated with

9 streptococcal infections and pediatric acute-onset acute onset

10 neuropsychiatric syndrome shall adhere to the treatment

11 recommendations developed by a medical professional consortium

12 convened for the purposes of researching, identifying, and

13 publishing best practice standards for diagnosis and treatment

14 of such disorders or syndrome that are accessible for medical

15 professionals and are based on evidence of positive patient

16 outcomes. Coverage for any form of medically necessary

17 treatment shall not be limited over a lifetime of an insured,

18 enrollee, or beneficiary, unless the patient is no longer

19 benefiting from the treatment, or by policy period. Nothing in

20 this Section prevents insurers from requesting treatment notes

21 and anticipated duration of treatment and outcomes.

22  For billing and diagnosis purposes, pediatric autoimmune

23 neuropsychiatric disorders associated with streptococcal

24 infections and pediatric acute-onset acute onset

25 neuropsychiatric syndrome shall be coded as autoimmune

26 encephalitis until the American Medical Association and the
    SB2394 Enrolled            - 1790 - LRB104 09208 AMC 19265 b

1 Centers for Medicare and Medicaid Services create and assign a

2 specific code for pediatric autoimmune neuropsychiatric

3 disorders associated with streptococcal infections and

4 pediatric acute-onset acute onset neuropsychiatric syndrome.

5 Thereafter, pediatric autoimmune neuropsychiatric disorders

6 associated with streptococcal infections and pediatric

7 acute-onset acute onset neuropsychiatric syndrome may be coded

8 as autoimmune encephalitis, pediatric autoimmune

9 neuropsychiatric disorders associated with streptococcal

10 infections, or pediatric acute-onset acute onset

11 neuropsychiatric syndrome.

12  If, at any time, the Secretary of the United States

13 Department of Health and Human Services, or its successor

14 agency, promulgates rules or regulations to be published in

15 the Federal Register or publishes a comment in the Federal

16 Register or issues an opinion, guidance, or other action that

17 would require the State, pursuant to any provision of the

18 Patient Protection and Affordable Care Act (Public Law

19 111-148), including, but not limited to, 42 U.S.C.

20 18031(d)(3)(B) or any successor provision, to defray the cost

21 of any coverage for pediatric autoimmune neuropsychiatric

22 disorders associated with streptococcal infections and

23 pediatric acute-onset acute onset neuropsychiatric syndrome

24 outlined in this Section, then the requirement that an insurer

25 cover pediatric autoimmune neuropsychiatric disorders

26 associated with streptococcal infections and pediatric
    SB2394 Enrolled       - 1791 - LRB104 09208 AMC 19265 b

1 acute-onset acute onset neuropsychiatric syndrome is
2 inoperative other than any such coverage authorized under
3 Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
4 the State shall not assume any obligation for the cost of
5 coverage for pediatric autoimmune neuropsychiatric disorders
6 associated with streptococcal infections and pediatric
7 acute-onset acute onset neuropsychiatric syndrome.
8 (Source: P.A. 103-59, eff. 6-9-23; revised 10-23-24.)

9   (215 ILCS 5/356z.40)

10  (Text of Section before amendment by P.A. 103-701 and

11 103-720)

12  Sec. 356z.40. Pregnancy and postpartum coverage.

13  (a) An individual or group policy of accident and health

14 insurance or managed care plan amended, delivered, issued, or

15 renewed on or after October 8, 2021 (the effective date of

16 Public Act 102-665) this amendatory Act of the 102nd General

17 Assembly shall provide coverage for pregnancy and newborn care

18 in accordance with 42 U.S.C. 18022(b) regarding essential

19 health benefits.

20  (b) Benefits under this Section shall be as follows:

21  (1) An individual who has been identified as

22  experiencing a high-risk pregnancy by the individual's

23  treating provider shall have access to clinically

24  appropriate case management programs. As used in this

25  subsection, "case management" means a mechanism to
    SB2394 Enrolled  - 1792 - LRB104 09208 AMC 19265 b

1   coordinate and assure continuity of services, including,

2   but not limited to, health services, social services, and

3   educational services necessary for the individual. "Case

4   management" involves individualized assessment of needs,

5   planning of services, referral, monitoring, and advocacy

6   to assist an individual in gaining access to appropriate

7   services and closure when services are no longer required.

8   "Case management" is an active and collaborative process

9   involving a single qualified case manager, the individual,

10  the individual's family, the providers, and the community.

11  This includes close coordination and involvement with all

12  service providers in the management plan for that

13  individual or family, including assuring that the

14  individual receives the services. As used in this

15  subsection, "high-risk pregnancy" means a pregnancy in

16  which the pregnant or postpartum individual or baby is at

17  an increased risk for poor health or complications during

18  pregnancy or childbirth, including, but not limited to,

19  hypertension disorders, gestational diabetes, and

20  hemorrhage.

21  (2) An individual shall have access to medically

22  necessary treatment of a mental, emotional, nervous, or

23  substance use disorder or condition consistent with the

24  requirements set forth in this Section and in Sections

25  370c and 370c.1 of this Code.

26  (3) The benefits provided for inpatient and outpatient
    SB2394 Enrolled  - 1793 - LRB104 09208 AMC 19265 b

1   services for the treatment of a mental, emotional,

2   nervous, or substance use disorder or condition related to

3   pregnancy or postpartum complications shall be provided if

4   determined to be medically necessary, consistent with the

5   requirements of Sections 370c and 370c.1 of this Code. The

6   facility or provider shall notify the insurer of both the

7   admission and the initial treatment plan within 48 hours

8   after admission or initiation of treatment. Subject to the

9   requirements of Sections 370c and 370c.1 of this Code,

10  nothing in this paragraph shall prevent an insurer from

11  applying concurrent and post-service utilization review of

12  health care services, including review of medical

13  necessity, case management, experimental and

14  investigational treatments, managed care provisions, and

15  other terms and conditions of the insurance policy.

16  (4) The benefits for the first 48 hours of initiation

17  of services for an inpatient admission, detoxification or

18  withdrawal management program, or partial hospitalization

19  admission for the treatment of a mental, emotional,

20  nervous, or substance use disorder or condition related to

21  pregnancy or postpartum complications shall be provided

22  without post-service or concurrent review of medical

23  necessity, as the medical necessity for the first 48 hours

24  of such services shall be determined solely by the covered

25  pregnant or postpartum individual's provider. Subject to

26  Sections Section 370c and 370c.1 of this Code, nothing in
    SB2394 Enrolled       - 1794 - LRB104 09208 AMC 19265 b

1   this paragraph shall prevent an insurer from applying

2   concurrent and post-service utilization review, including

3   the review of medical necessity, case management,

4   experimental and investigational treatments, managed care

5   provisions, and other terms and conditions of the

6   insurance policy, of any inpatient admission,

7   detoxification or withdrawal management program admission,

8   or partial hospitalization admission services for the

9   treatment of a mental, emotional, nervous, or substance

10  use disorder or condition related to pregnancy or

11  postpartum complications received 48 hours after the

12  initiation of such services. If an insurer determines that

13  the services are no longer medically necessary, then the

14  covered person shall have the right to external review

15  pursuant to the requirements of the Health Carrier

16  External Review Act.

17  (5) If an insurer determines that continued inpatient

18  care, detoxification or withdrawal management, partial

19  hospitalization, intensive outpatient treatment, or

20  outpatient treatment in a facility is no longer medically

21  necessary, the insurer shall, within 24 hours, provide

22  written notice to the covered pregnant or postpartum

23  individual and the covered pregnant or postpartum

24  individual's provider of its decision and the right to

25  file an expedited internal appeal of the determination.

26  The insurer shall review and make a determination with
    SB2394 Enrolled  - 1795 - LRB104 09208 AMC 19265 b

1   respect to the internal appeal within 24 hours and

2   communicate such determination to the covered pregnant or

3   postpartum individual and the covered pregnant or

4   postpartum individual's provider. If the determination is

5   to uphold the denial, the covered pregnant or postpartum

6   individual and the covered pregnant or postpartum

7   individual's provider have the right to file an expedited

8   external appeal. An independent review organization shall

9   make a determination within 72 hours. If the insurer's

10  determination is upheld and it is determined that

11  continued inpatient care, detoxification or withdrawal

12  management, partial hospitalization, intensive outpatient

13  treatment, or outpatient treatment is not medically

14  necessary, the insurer shall remain responsible for

15  providing benefits for the inpatient care, detoxification

16  or withdrawal management, partial hospitalization,

17  intensive outpatient treatment, or outpatient treatment

18  through the day following the date the determination is

19  made, and the covered pregnant or postpartum individual

20  shall only be responsible for any applicable copayment,

21  deductible, and coinsurance for the stay through that date

22  as applicable under the policy. The covered pregnant or

23  postpartum individual shall not be discharged or released

24  from the inpatient facility, detoxification or withdrawal

25  management, partial hospitalization, intensive outpatient

26  treatment, or outpatient treatment until all internal
    SB2394 Enrolled       - 1796 - LRB104 09208 AMC 19265 b

1   appeals and independent utilization review organization

2   appeals are exhausted. A decision to reverse an adverse

3   determination shall comply with the Health Carrier

4   External Review Act.

5   (6) Except as otherwise stated in this subsection (b),

6   the benefits and cost-sharing shall be provided to the

7   same extent as for any other medical condition covered

8   under the policy.

9   (7) The benefits required by paragraphs (2) and (6) of

10  this subsection (b) are to be provided to all covered

11  pregnant or postpartum individuals with a diagnosis of a

12  mental, emotional, nervous, or substance use disorder or

13  condition. The presence of additional related or unrelated

14  diagnoses shall not be a basis to reduce or deny the

15  benefits required by this subsection (b).

16 (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25;

17 revised 9-10-24.)

18  (Text of Section after amendment by P.A. 103-701 and

19 103-720)

20  Sec. 356z.40. Pregnancy and postpartum coverage.

21  (a) An individual or group policy of accident and health

22 insurance or managed care plan amended, delivered, issued, or

23 renewed on or after October 8, 2021 (the effective date of

24 Public Act 102-665) shall provide coverage for pregnancy and

25 newborn care in accordance with 42 U.S.C. 18022(b) regarding
    SB2394 Enrolled  - 1797 - LRB104 09208 AMC 19265 b

1 essential health benefits. For policies amended, delivered,

2 issued, or renewed on or after January 1, 2026, this

3 subsection also applies to coverage for postpartum care.

4   (b) Benefits under this Section shall be as follows:

5   (1) An individual who has been identified as

6   experiencing a high-risk pregnancy by the individual's

7   treating provider shall have access to clinically

8   appropriate case management programs. As used in this

9   subsection, "case management" means a mechanism to

10  coordinate and assure continuity of services, including,

11  but not limited to, health services, social services, and

12  educational services necessary for the individual. "Case

13  management" involves individualized assessment of needs,

14  planning of services, referral, monitoring, and advocacy

15  to assist an individual in gaining access to appropriate

16  services and closure when services are no longer required.

17  "Case management" is an active and collaborative process

18  involving a single qualified case manager, the individual,

19  the individual's family, the providers, and the community.

20  This includes close coordination and involvement with all

21  service providers in the management plan for that

22  individual or family, including assuring that the

23  individual receives the services. As used in this

24  subsection, "high-risk pregnancy" means a pregnancy in

25  which the pregnant or postpartum individual or baby is at

26  an increased risk for poor health or complications during
    SB2394 Enrolled  - 1798 - LRB104 09208 AMC 19265 b

1   pregnancy or childbirth, including, but not limited to,

2   hypertension disorders, gestational diabetes, and

3   hemorrhage.

4   (2) An individual shall have access to medically

5   necessary treatment of a mental, emotional, nervous, or

6   substance use disorder or condition consistent with the

7   requirements set forth in this Section and in Sections

8   370c and 370c.1 of this Code.

9   (3) The benefits provided for inpatient and outpatient

10  services for the treatment of a mental, emotional,

11  nervous, or substance use disorder or condition related to

12  pregnancy or postpartum complications shall be provided if

13  determined to be medically necessary, consistent with the

14  requirements of Sections 370c and 370c.1 of this Code. The

15  facility or provider shall notify the insurer of both the

16  admission and the initial treatment plan within 48 hours

17  after admission or initiation of treatment. Subject to the

18  requirements of Sections 370c and 370c.1 of this Code,

19  nothing in this paragraph shall prevent an insurer from

20  applying concurrent and post-service utilization review of

21  health care services, including review of medical

22  necessity, case management, experimental and

23  investigational treatments, managed care provisions, and

24  other terms and conditions of the insurance policy.

25  (4) The benefits for the first 48 hours of initiation

26  of services for an inpatient admission, detoxification or
    SB2394 Enrolled       - 1799 - LRB104 09208 AMC 19265 b

1   withdrawal management program, or partial hospitalization

2   admission for the treatment of a mental, emotional,

3   nervous, or substance use disorder or condition related to

4   pregnancy or postpartum complications shall be provided

5   without post-service or concurrent review of medical

6   necessity, as the medical necessity for the first 48 hours

7   of such services shall be determined solely by the covered

8   pregnant or postpartum individual's provider. Subject to

9   Sections Section 370c and 370c.1 of this Code, nothing in

10  this paragraph shall prevent an insurer from applying

11  concurrent and post-service utilization review, including

12  the review of medical necessity, case management,

13  experimental and investigational treatments, managed care

14  provisions, and other terms and conditions of the

15  insurance policy, of any inpatient admission,

16  detoxification or withdrawal management program admission,

17  or partial hospitalization admission services for the

18  treatment of a mental, emotional, nervous, or substance

19  use disorder or condition related to pregnancy or

20  postpartum complications received 48 hours after the

21  initiation of such services. If an insurer determines that

22  the services are no longer medically necessary, then the

23  covered person shall have the right to external review

24  pursuant to the requirements of the Health Carrier

25  External Review Act.

26  (5) If an insurer determines that continued inpatient
    SB2394 Enrolled  - 1800 - LRB104 09208 AMC 19265 b

1   care, detoxification or withdrawal management, partial

2   hospitalization, intensive outpatient treatment, or

3   outpatient treatment in a facility is no longer medically

4   necessary, the insurer shall, within 24 hours, provide

5   written notice to the covered pregnant or postpartum

6   individual and the covered pregnant or postpartum

7   individual's provider of its decision and the right to

8   file an expedited internal appeal of the determination.

9   The insurer shall review and make a determination with

10  respect to the internal appeal within 24 hours and

11  communicate such determination to the covered pregnant or

12  postpartum individual and the covered pregnant or

13  postpartum individual's provider. If the determination is

14  to uphold the denial, the covered pregnant or postpartum

15  individual and the covered pregnant or postpartum

16  individual's provider have the right to file an expedited

17  external appeal. An independent review organization shall

18  make a determination within 72 hours. If the insurer's

19  determination is upheld and it is determined that

20  continued inpatient care, detoxification or withdrawal

21  management, partial hospitalization, intensive outpatient

22  treatment, or outpatient treatment is not medically

23  necessary, the insurer shall remain responsible for

24  providing benefits for the inpatient care, detoxification

25  or withdrawal management, partial hospitalization,

26  intensive outpatient treatment, or outpatient treatment
    SB2394 Enrolled       - 1801 - LRB104 09208 AMC 19265 b

1   through the day following the date the determination is

2   made, and the covered pregnant or postpartum individual

3   shall only be responsible for any applicable copayment,

4   deductible, and coinsurance for the stay through that date

5   as applicable under the policy. The covered pregnant or

6   postpartum individual shall not be discharged or released

7   from the inpatient facility, detoxification or withdrawal

8   management, partial hospitalization, intensive outpatient

9   treatment, or outpatient treatment until all internal

10  appeals and independent utilization review organization

11  appeals are exhausted. A decision to reverse an adverse

12  determination shall comply with the Health Carrier

13  External Review Act.

14  (6) Except as otherwise stated in this subsection (b)

15  and subsection (c), the benefits and cost-sharing shall be

16  provided to the same extent as for any other medical

17  condition covered under the policy.

18  (7) The benefits required by paragraphs (2) and (6) of

19  this subsection (b) are to be provided to (i) all covered

20  pregnant or postpartum individuals with a diagnosis of a

21  mental, emotional, nervous, or substance use disorder or

22  condition and (ii) all individuals who have experienced a

23  miscarriage or stillbirth. The presence of additional

24  related or unrelated diagnoses shall not be a basis to

25  reduce or deny the benefits required by this subsection

26  (b).
    SB2394 Enrolled   - 1802 - LRB104 09208 AMC 19265 b

1   (8) Insurers shall cover all services for pregnancy,

2   postpartum, and newborn care that are rendered by

3   perinatal doulas or licensed certified professional

4   midwives, including home births, home visits, and support

5   during labor, abortion, or miscarriage. Coverage shall

6   include the necessary equipment and medical supplies for a

7   home birth. For home visits by a perinatal doula, not

8   counting any home birth, the policy may limit coverage to

9   16 visits before and 16 visits after a birth, miscarriage,

10  or abortion, provided that the policy shall not be

11  required to cover more than $8,000 for doula visits for

12  each pregnancy and subsequent postpartum period. As used

13  in this paragraph (8), "perinatal doula" has the meaning

14  given in subsection (a) of Section 5-18.5 of the Illinois

15  Public Aid Code.

16  (9) Coverage for pregnancy, postpartum, and newborn

17  care shall include home visits by lactation consultants

18  and the purchase of breast pumps and breast pump supplies,

19  including such breast pumps, breast pump supplies,

20  breastfeeding supplies, and feeding aids as recommended by

21  the lactation consultant. As used in this paragraph (9),

22  "lactation consultant" means an International

23  Board-Certified Lactation Consultant, a certified

24  lactation specialist with a certification from Lactation

25  Education Consultants, or a certified lactation counselor

26  as defined in subsection (a) of Section 5-18.10 of the
    SB2394 Enrolled  - 1803 - LRB104 09208 AMC 19265 b

1   Illinois Public Aid Code.

2   (10) Coverage for postpartum services shall apply for

3   all covered services rendered within the first 12 months

4   after the end of pregnancy, subject to any policy

5   limitation on home visits by a perinatal doula allowed

6   under paragraph (8) of this subsection (b). Nothing in

7   this paragraph (10) shall be construed to require a policy

8   to cover services for an individual who is no longer

9   insured or enrolled under the policy. If an individual

10  becomes insured or enrolled under a new policy, the new

11  policy shall cover the individual consistent with the time

12  period and limitations allowed under this paragraph (10).

13  This paragraph (10) is subject to the requirements of

14  Section 25 of the Managed Care Reform and Patient Rights

15  Act, Section 20 of the Network Adequacy and Transparency

16  Act, and 42 U.S.C. 300gg-113.

17  (c) All coverage described in subsection (b), other than

18 health care services for home births, shall be provided

19 without cost-sharing, except that, for mental health services,

20 the cost-sharing prohibition does not apply to inpatient or

21 residential services, and, for substance use disorder

22 services, the cost-sharing prohibition applies only to levels

23 of treatment below and not including Level 3.1 (Clinically

24 Managed Low-Intensity Residential), as established by the

25 American Society for Addiction Medicine. This subsection does

26 not apply to the extent such coverage would disqualify a
    SB2394 Enrolled       - 1804 - LRB104 09208 AMC 19265 b

1 high-deductible health plan from eligibility for a health
2 savings account pursuant to Section 223 of the Internal
3 Revenue Code.
4 (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25;
5 103-701, eff. 1-1-26; 103-720, eff. 1-1-26; revised 11-26-24.)

6   (215 ILCS 5/356z.61)

7   Sec. 356z.61. Coverage for liver disease screening. A

8 group or individual policy of accident and health insurance or

9 a managed care plan that is amended, delivered, issued, or

10 renewed on or after January 1, 2025 shall provide coverage for

11 preventative liver disease screenings for individuals 35 years

12 of age or older and under the age of 65 at high risk for liver

13 disease, including liver ultrasounds and alpha-fetoprotein

14 blood tests every 6 months, without imposing a deductible,

15 coinsurance, copayment, or any other cost-sharing requirement

16 on the coverage provided; except that this Section does not

17 apply to coverage of liver disease screenings to the extent

18 such coverage would disqualify a high-deductible health plan

19 from eligibility for a health savings account pursuant to

20 Section 223 of the Internal Revenue Code.

21 (Source: P.A. 103-84, eff. 1-1-24; 103-605, eff. 7-1-24.)

22  (215 ILCS 5/356z.71)

23  Sec. 356z.71. Coverage for mobile integrated health care

24 services.
    SB2394 Enrolled       - 1805 - LRB104 09208 AMC 19265 b

1   (a) In this Section:

2   "Eligible recipient" means an individual who has received

3 hospital emergency department services 3 or more times in a

4 period of 4 consecutive months in the past 12 months or an

5 individual who has been identified by a health care provider

6 as an individual for whom mobile integrated health care

7 services would likely prevent admission or readmission to or

8 would allow discharge from a hospital, behavioral health

9 facility, acute care facility, or nursing facility.

10  "Mobile integrated health care services" means medically

11 necessary health services provided on-site by emergency

12 medical services personnel, as defined in Section 5 of the

13 Emergency Medical Services (EMS) Systems Act.

14  "Mobile integrated health care services" includes health

15 assessment, chronic disease monitoring and education,

16 medication compliance, immunizations and vaccinations,

17 laboratory specimen collection, hospital discharge follow-up

18 care, and minor medical procedures as approved by the

19 applicable EMS Medical Director.

20  "Mobile integrated health care services" does not include

21 nonemergency ambulance transport.

22  (b) A group or individual policy of accident and health

23 insurance or a managed care plan that is amended, delivered,

24 issued, or renewed on or after January 1, 2026, shall provide

25 coverage to an eligible recipient for medically necessary

26 mobile integrated health care services.
    SB2394 Enrolled       - 1806 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-1024, eff. 1-1-25.)

2   (215 ILCS 5/356z.72)

3   Sec. 356z.72 356z.61. Wigs and hair prostheses. A group or

4 individual plan of accident and health insurance or managed

5 care plan amended, delivered, issued, or renewed after January

6 1, 2026 must provide coverage, no less than once every 12

7 months, for one wig or other scalp prosthesis worn for hair

8 loss caused by alopecia, chemotherapy, or radiation treatment

9 for cancer or other conditions.

10 (Source: P.A. 103-753, eff. 8-2-24; revised 9-25-24.)

11  (215 ILCS 5/356z.73)

12  Sec. 356z.73 356z.71. Insurance coverage for dependent

13 parents.

14  (a) A group or individual policy of accident and health

15 insurance issued, amended, delivered, or renewed after January

16 1, 2026 that provides dependent coverage shall make that

17 dependent coverage available to the parent or stepparent of

18 the insured if the parent or stepparent meets the definition

19 of a qualifying relative under 26 U.S.C. 152(d) and lives or

20 resides within the accident and health insurance policy's

21 service area.

22  (b) This Section does not apply to specialized health care

23 service plans, Medicare supplement insurance, hospital-only

24 policies, accident-only policies, or specified disease
    SB2394 Enrolled        - 1807 - LRB104 09208 AMC 19265 b

1 insurance policies that reimburse for hospital, medical, or
2 surgical expenses.
3 (Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.)

4   (215 ILCS 5/356z.74)

5   Sec. 356z.74 356z.71. Coverage for annual menopause health

6 visit. A group or individual policy of accident and health

7 insurance providing coverage for more than 25 employees that

8 is amended, delivered, issued, or renewed on or after January

9 1, 2026 shall provide, for individuals 45 years of age and

10 older, coverage for an annual menopause health visit. A policy

11 subject to this Section shall not impose a deductible,

12 coinsurance, copayment, or any other cost-sharing requirement

13 on the coverage provided; except that this Section does not

14 apply to this coverage to the extent such coverage would

15 disqualify a high-deductible health plan from eligibility for

16 a health savings account pursuant to Section 223 of the

17 Internal Revenue Code.

18 (Source: P.A. 103-751, eff. 8-2-24; revised 9-25-24.)

19  (215 ILCS 5/356z.75)

20  Sec. 356z.75 356z.71. Coverage during a generic drug

21 shortage.

22  (a) As used in this Section:

23  "Eligible prescription drug" means a prescription drug

24 approved under 21 U.S.C. 355(c) that is not under patent.
    SB2394 Enrolled       - 1808 - LRB104 09208 AMC 19265 b

1   "Generic drug" means a drug that is approved pursuant to

2 an application referencing an eligible prescription drug that

3 is submitted under subsection (j) of Section 505 of the

4 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355(j).

5   "Unavailable" means being listed as Currently in Shortage

6 or as a Discontinuation in the United States Food and Drug

7 Administration's Drug Shortages Database. "Unavailable" does

8 not include being listed as a Resolved Shortage in the United

9 States Food and Drug Administration's Drug Shortages Database.

10  (b) If a generic drug or a therapeutic equivalent is

11 unavailable due to a supply issue and dosage cannot be

12 adjusted, a group or individual policy of accident and health

13 insurance or a managed care plan that is amended, delivered,

14 issued, or renewed after January 1, 2026 shall provide

15 coverage for a brand name eligible prescription drug until

16 supply of the generic drug or a therapeutic equivalent is

17 available.

18 (Source: P.A. 103-758, eff. 1-1-25; revised 12-3-24.)

19  (215 ILCS 5/356z.76)

20  Sec. 356z.76 356z.71. Coverage for at-home pregnancy

21 tests. A group or individual policy of accident and health

22 insurance or a managed care plan that is amended, delivered,

23 issued, or renewed on or after January 1, 2026 shall provide

24 coverage for at-home, urine-based pregnancy tests that are

25 prescribed to the covered person, regardless of whether the
    SB2394 Enrolled       - 1809 - LRB104 09208 AMC 19265 b

1 tests are otherwise available over-the-counter. The coverage
2 required under this Section is limited to 2 at-home,
3 urine-based pregnancy tests every 30 days.
4 (Source: P.A. 103-870, eff. 1-1-25; revised 12-3-24.)

5   (215 ILCS 5/356z.77)

6   Sec. 356z.77 356z.71. Coverage of vaccination

7 administration fees.

8   (a) A group or individual policy of accident and health

9 insurance or a managed care plan that is amended, delivered,

10 issued, or renewed on or after January 1, 2026 shall provide

11 coverage for vaccinations for COVID-19, influenza, and

12 respiratory syncytial virus, including the administration of

13 the vaccine by a pharmacist or health care provider authorized

14 to administer such a vaccine, without imposing a deductible,

15 coinsurance, copayment, or any other cost-sharing requirement,

16 if the following conditions are met:

17  (1) the vaccine is authorized or licensed by the

18  United States Food and Drug Administration; and

19  (2) the vaccine is ordered and administered according

20  to the Advisory Committee on Immunization Practices

21  standard immunization schedule.

22  (b) If the vaccinations provided for in subsection (a) are

23 not otherwise available to be administered by a contracted

24 pharmacist or health care provider, the group or individual

25 policy of accident and health insurance or a managed care plan
    SB2394 Enrolled       - 1810 - LRB104 09208 AMC 19265 b

1 shall cover the vaccination, including administration fees,

2 without imposing a deductible, coinsurance, copayment, or any

3 other cost-sharing requirement.

4   (c) The coverage required in this Section does not apply

5 to the extent that the coverage would disqualify a

6 high-deductible health plan from eligibility for a health

7 savings account pursuant to Section 223 of the Internal

8 Revenue Code of 1986.

9 (Source: P.A. 103-918, eff. 1-1-25; revised 12-3-24.)

10  (215 ILCS 5/356z.78)

11  Sec. 356z.78 356z.71. Coverage for medically necessary

12 care and treatment to address a major injury to the jaw either

13 through an accident or disease.

14  (a) In this Section, "medically necessary care and

15 treatment to address a major injury to the jaw either through

16 an accident or disease" includes:

17  (1) oral and facial surgery, including reconstructive

18  services and procedures necessary to improve, restore, or

19  maintain vital functions;

20  (2) dental implants, crowns, or bridges;

21  (3) prosthetic treatment such as obturators, speech

22  appliances, and feeding appliances;

23  (4) orthodontic treatment and management;

24  (5) prosthodontic treatment and management; and

25  (6) otolaryngology treatment and management.
    SB2394 Enrolled           - 1811 - LRB104 09208 AMC 19265 b

1   (b) An individual or group policy of accident and health

2 insurance amended, delivered, issued, or renewed on or after

3 January 1, 2026 shall provide coverage for medically necessary

4 care and treatment to address a major injury to the jaw either

5 through an accident or disease. Coverage under this Section

6 may impose the same deductibles, coinsurance, or other

7 cost-sharing limitations that are imposed on other related

8 benefits under the policy.

9 (Source: P.A. 103-972, eff. 1-1-25; revised 12-3-24.)

10  (215 ILCS 5/363)

11  (Text of Section before amendment by P.A. 103-747)

12  Sec. 363. Medicare supplement policies; minimum standards.

13  (1) Except as otherwise specifically provided therein,

14 this Section and Section 363a of this Code shall apply to:

15  (a) all Medicare supplement policies and subscriber

16  contracts delivered or issued for delivery in this State

17  on and after January 1, 1989; and

18  (b) all certificates issued under group Medicare

19  supplement policies or subscriber contracts, which

20  certificates are issued or issued for delivery in this

21  State on and after January 1, 1989.

22  This Section shall not apply to "Accident Only" or

23 "Specified Disease" types of policies. The provisions of this

24 Section are not intended to prohibit or apply to policies or

25 health care benefit plans, including group conversion
    SB2394 Enrolled     - 1812 - LRB104 09208 AMC 19265 b

1 policies, provided to Medicare eligible persons, which

2 policies or plans are not marketed or purported or held to be

3 Medicare supplement policies or benefit plans.

4   (2) For the purposes of this Section and Section 363a, the

5 following terms have the following meanings:

6   (a) "Applicant" means:

7   (i) in the case of individual Medicare supplement

8   policy, the person who seeks to contract for insurance

9   benefits, and

10  (ii) in the case of a group Medicare policy or

11  subscriber contract, the proposed certificate holder.

12  (b) "Certificate" means any certificate delivered or

13  issued for delivery in this State under a group Medicare

14  supplement policy.

15  (c) "Medicare supplement policy" means an individual

16  policy of accident and health insurance, as defined in

17  paragraph (a) of subsection (2) of Section 355a of this

18  Code, or a group policy or certificate delivered or issued

19  for delivery in this State by an insurer, fraternal

20  benefit society, voluntary health service plan, or health

21  maintenance organization, other than a policy issued

22  pursuant to a contract under Section 1876 of the federal

23  Social Security Act (42 U.S.C. Section 1395 et seq.) or a

24  policy issued under a demonstration project specified in

25  42 U.S.C. Section 1395ss(g)(1), or any similar

26  organization, that is advertised, marketed, or designed
    SB2394 Enrolled         - 1813 - LRB104 09208 AMC 19265 b

1   primarily as a supplement to reimbursements under Medicare

2   for the hospital, medical, or surgical expenses of persons

3   eligible for Medicare.

4   (d) "Issuer" includes insurance companies, fraternal

5   benefit societies, voluntary health service plans, health

6   maintenance organizations, or any other entity providing

7   Medicare supplement insurance, unless the context clearly

8   indicates otherwise.

9   (e) "Medicare" means the Health Insurance for the Aged

10  Act, Title XVIII of the Social Security Amendments of

11  1965.

12  (3) No Medicare supplement insurance policy, contract, or

13 certificate, that provides benefits that duplicate benefits

14 provided by Medicare, shall be issued or issued for delivery

15 in this State after December 31, 1988. No such policy,

16 contract, or certificate shall provide lesser benefits than

17 those required under this Section or the existing Medicare

18 Supplement Minimum Standards Regulation, except where

19 duplication of Medicare benefits would result.

20  (4) Medicare supplement policies or certificates shall

21 have a notice prominently printed on the first page of the

22 policy or attached thereto stating in substance that the

23 policyholder or certificate holder shall have the right to

24 return the policy or certificate within 30 days of its

25 delivery and to have the premium refunded directly to him or

26 her in a timely manner if, after examination of the policy or
    SB2394 Enrolled  - 1814 - LRB104 09208 AMC 19265 b

1 certificate, the insured person is not satisfied for any

2 reason.

3   (5) A Medicare supplement policy or certificate may not

4 deny a claim for losses incurred more than 6 months from the

5 effective date of coverage for a preexisting condition. The

6 policy may not define a preexisting condition more

7 restrictively than a condition for which medical advice was

8 given or treatment was recommended by or received from a

9 physician within 6 months before the effective date of

10 coverage.

11  (6) An issuer of a Medicare supplement policy shall:

12         (a) not deny coverage to an applicant under 65 years

13  of age who meets any of the following criteria:

14            (i) becomes eligible for Medicare by reason of

15         disability if the person makes application for a

16         Medicare supplement policy within 6 months of the

17         first day on which the person enrolls for benefits

18         under Medicare Part B; for a person who is

19         retroactively enrolled in Medicare Part B due to a

20         retroactive eligibility decision made by the Social

21         Security Administration, the application must be

22         submitted within a 6-month period beginning with the

23         month in which the person received notice of

24         retroactive eligibility to enroll;

25            (ii) has Medicare and an employer group health

26         plan (either primary or secondary to Medicare) that
    SB2394 Enrolled   - 1815 - LRB104 09208 AMC 19265 b

1   terminates or ceases to provide all such supplemental

2   health benefits;

3   (iii) is insured by a Medicare Advantage plan that

4   includes a Health Maintenance Organization, a

5   Preferred Provider Organization, and a Private

6   Fee-For-Service or Medicare Select plan and the

7   applicant moves out of the plan's service area; the

8   insurer goes out of business, withdraws from the

9   market, or has its Medicare contract terminated; or

10  the plan violates its contract provisions or is

11  misrepresented in its marketing; or

12  (iv) is insured by a Medicare supplement policy

13  and the insurer goes out of business, withdraws from

14  the market, or the insurance company or agents

15  misrepresent the plan and the applicant is without

16  coverage;

17  (b) make available to persons eligible for Medicare by

18  reason of disability each type of Medicare supplement

19  policy the issuer makes available to persons eligible for

20  Medicare by reason of age;

21  (c) not charge individuals who become eligible for

22  Medicare by reason of disability and who are under the age

23  of 65 premium rates for any medical supplemental insurance

24  benefit plan offered by the issuer that exceed the

25  issuer's highest rate on the current rate schedule filed

26  with the Department Division of Insurance for that plan to
    SB2394 Enrolled  - 1816 - LRB104 09208 AMC 19265 b

1   individuals who are age 65 or older; and

2   (d) provide the rights granted by items (a) through

3   (d), for 6 months after June 1, 2008 (the effective date of

4   Public Act 95-436) this amendatory Act of the 95th General

5   Assembly, to any person who had enrolled for benefits

6   under Medicare Part B prior to Public Act 95-436 and this

7   amendatory Act of the 95th General Assembly who otherwise

8   would have been eligible for coverage under item (a).

9   (7) The Director shall issue reasonable rules and

10 regulations for the following purposes:

11  (a) To establish specific standards for policy

12  provisions of Medicare policies and certificates. The

13  standards shall be in accordance with the requirements of

14  this Code. No requirement of this Code relating to minimum

15  required policy benefits, other than the minimum standards

16  contained in this Section and Section 363a, shall apply to

17  Medicare supplement policies and certificates. The

18  standards may cover, but are not limited to the following:

19  (A) Terms of renewability.

20  (B) Initial and subsequent terms of eligibility.

21  (C) Non-duplication of coverage.

22  (D) Probationary and elimination periods.

23  (E) Benefit limitations, exceptions and

24  reductions.

25  (F) Requirements for replacement.

26  (G) Recurrent conditions.
    SB2394 Enrolled       - 1817 - LRB104 09208 AMC 19265 b

1   (H) Definition of terms.

2   (I) Requirements for issuing rebates or credits to

3   policyholders if the policy's loss ratio does not

4   comply with subsection (7) of Section 363a.

5   (J) Uniform methodology for the calculating and

6   reporting of loss ratio information.

7   (K) Assuring public access to loss ratio

8   information of an issuer of Medicare supplement

9   insurance.

10  (L) Establishing a process for approving or

11  disapproving proposed premium increases.

12  (M) Establishing a policy for holding public

13  hearings prior to approval of premium increases.

14  (N) Establishing standards for Medicare Select

15  policies.

16  (O) Prohibited policy provisions not otherwise

17  specifically authorized by statute that, in the

18  opinion of the Director, are unjust, unfair, or

19  unfairly discriminatory to any person insured or

20  proposed for coverage under a Medicare medicare

21  supplement policy or certificate.

22  (b) To establish minimum standards for benefits and

23  claims payments, marketing practices, compensation

24  arrangements, and reporting practices for Medicare

25  supplement policies.

26  (c) To implement transitional requirements of Medicare
    SB2394 Enrolled  - 1818 - LRB104 09208 AMC 19265 b

1   supplement insurance benefits and premiums of Medicare

2   supplement policies and certificates to conform to

3   Medicare program revisions.

4   (8) If an individual is at least 65 years of age but no

5 more than 75 years of age and has an existing Medicare

6 supplement policy, the individual is entitled to an annual

7 open enrollment period lasting 45 days, commencing with the

8 individual's birthday, and the individual may purchase any

9 Medicare supplement policy with the same issuer that offers

10 benefits equal to or lesser than those provided by the

11 previous coverage. During this open enrollment period, an

12 issuer of a Medicare supplement policy shall not deny or

13 condition the issuance or effectiveness of Medicare

14 supplemental coverage, nor discriminate in the pricing of

15 coverage, because of health status, claims experience, receipt

16 of health care, or a medical condition of the individual. An

17 issuer shall provide notice of this annual open enrollment

18 period for eligible Medicare supplement policyholders at the

19 time that the application is made for a Medicare supplement

20 policy or certificate. The notice shall be in a form that may

21 be prescribed by the Department.

22  (9) Without limiting an individual's eligibility under

23 Department rules implementing 42 U.S.C. 1395ss(s)(2)(A), for

24 at least 63 days after the later of the applicant's loss of

25 benefits or the notice of termination of benefits, including a

26 notice of claim denial due to termination of benefits, under
    SB2394 Enrolled           - 1819 - LRB104 09208 AMC 19265 b

1 the State's medical assistance program under Article V of the

2 Illinois Public Aid Code, an issuer shall not deny or

3 condition the issuance or effectiveness of any Medicare

4 supplement policy or certificate that is offered and is

5 available for issuance to new enrollees by the issuer; shall

6 not discriminate in the pricing of such a Medicare supplement

7 policy because of health status, claims experience, receipt of

8 health care, or medical condition; and shall not include a

9 policy provision that imposes an exclusion of benefits based

10 on a preexisting condition under such a Medicare supplement

11 policy if the individual:

12  (a) is enrolled for Medicare Part B;

13  (b) was enrolled in the State's medical assistance

14  program during the COVID-19 Public Health Emergency

15  described in Section 5-1.5 of the Illinois Public Aid

16  Code;

17  (c) was terminated or disenrolled from the State's

18  medical assistance program after the COVID-19 Public

19  Health Emergency and the later of the date of termination

20  of benefits or the date of the notice of termination,

21  including a notice of a claim denial due to termination,

22  occurred on, after, or no more than 63 days before the end

23  of either, as applicable:

24         (A) the individual's Medicare supplement open

25  enrollment period described in Department rules

26  implementing 42 U.S.C. 1395ss(s)(2)(A); or
    SB2394 Enrolled    - 1820 - LRB104 09208 AMC 19265 b

1   (B) the 6-month period described in Section

2   363(6)(a)(i) of this Code; and

3   (d) submits evidence of the date of termination of

4   benefits or notice of termination under the State's

5   medical assistance program with the application for a

6   Medicare supplement policy or certificate.

7   (10) Each Medicare supplement policy and certificate

8 available from an insurer on and after June 16, 2023 (the

9 effective date of Public Act 103-102) this amendatory Act of

10 the 103rd General Assembly shall be made available to all

11 applicants who qualify under subparagraph (i) of paragraph (a)

12 of subsection (6) or Department rules implementing 42 U.S.C.

13 1395ss(s)(2)(A) without regard to age or applicability of a

14 Medicare Part B late enrollment penalty.

15 (Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23;

16 revised 10-24-24.)

17  (Text of Section after amendment by P.A. 103-747)

18  Sec. 363. Medicare supplement policies; minimum standards.

19  (1) Except as otherwise specifically provided therein,

20 this Section and Section 363a of this Code shall apply to:

21  (a) all Medicare supplement policies and subscriber

22  contracts delivered or issued for delivery in this State

23  on and after January 1, 1989; and

24  (b) all certificates issued under group Medicare

25  supplement policies or subscriber contracts, which
    SB2394 Enrolled     - 1821 - LRB104 09208 AMC 19265 b

1   certificates are issued or issued for delivery in this

2   State on and after January 1, 1989.

3   This Section shall not apply to "Accident Only" or

4 "Specified Disease" types of policies. The provisions of this

5 Section are not intended to prohibit or apply to policies or

6 health care benefit plans, including group conversion

7 policies, provided to Medicare eligible persons, which

8 policies or plans are not marketed or purported or held to be

9 Medicare supplement policies or benefit plans.

10  (2) For the purposes of this Section and Section 363a, the

11 following terms have the following meanings:

12  (a) "Applicant" means:

13  (i) in the case of individual Medicare supplement

14  policy, the person who seeks to contract for insurance

15  benefits, and

16  (ii) in the case of a group Medicare policy or

17  subscriber contract, the proposed certificate holder.

18  (b) "Certificate" means any certificate delivered or

19  issued for delivery in this State under a group Medicare

20  supplement policy.

21  (c) "Medicare supplement policy" means an individual

22  policy of accident and health insurance, as defined in

23  paragraph (a) of subsection (2) of Section 355a of this

24  Code, or a group policy or certificate delivered or issued

25  for delivery in this State by an insurer, fraternal

26  benefit society, voluntary health service plan, or health
    SB2394 Enrolled         - 1822 - LRB104 09208 AMC 19265 b

1   maintenance organization, other than a policy issued

2   pursuant to a contract under Section 1876 of the federal

3   Social Security Act (42 U.S.C. Section 1395 et seq.) or a

4   policy issued under a demonstration project specified in

5   42 U.S.C. Section 1395ss(g)(1), or any similar

6   organization, that is advertised, marketed, or designed

7   primarily as a supplement to reimbursements under Medicare

8   for the hospital, medical, or surgical expenses of persons

9   eligible for Medicare.

10  (d) "Issuer" includes insurance companies, fraternal

11  benefit societies, voluntary health service plans, health

12  maintenance organizations, or any other entity providing

13  Medicare supplement insurance, unless the context clearly

14  indicates otherwise.

15  (e) "Medicare" means the Health Insurance for the Aged

16  Act, Title XVIII of the Social Security Amendments of

17  1965.

18  (3) No Medicare supplement insurance policy, contract, or

19 certificate, that provides benefits that duplicate benefits

20 provided by Medicare, shall be issued or issued for delivery

21 in this State after December 31, 1988. No such policy,

22 contract, or certificate shall provide lesser benefits than

23 those required under this Section or the existing Medicare

24 Supplement Minimum Standards Regulation, except where

25 duplication of Medicare benefits would result.

26  (4) Medicare supplement policies or certificates shall
    SB2394 Enrolled  - 1823 - LRB104 09208 AMC 19265 b

1 have a notice prominently printed on the first page of the

2 policy or attached thereto stating in substance that the

3 policyholder or certificate holder shall have the right to

4 return the policy or certificate within 30 days of its

5 delivery and to have the premium refunded directly to him or

6 her in a timely manner if, after examination of the policy or

7 certificate, the insured person is not satisfied for any

8 reason.

9   (5) A Medicare supplement policy or certificate may not

10 deny a claim for losses incurred more than 6 months from the

11 effective date of coverage for a preexisting condition. The

12 policy may not define a preexisting condition more

13 restrictively than a condition for which medical advice was

14 given or treatment was recommended by or received from a

15 physician within 6 months before the effective date of

16 coverage.

17  (6) An issuer of a Medicare supplement policy shall:

18         (a) not deny coverage to an applicant under 65 years

19  of age who meets any of the following criteria:

20            (i) becomes eligible for Medicare by reason of

21         disability if the person makes application for a

22         Medicare supplement policy within 6 months of the

23         first day on which the person enrolls for benefits

24         under Medicare Part B; for a person who is

25         retroactively enrolled in Medicare Part B due to a

26         retroactive eligibility decision made by the Social
    SB2394 Enrolled   - 1824 - LRB104 09208 AMC 19265 b

1   Security Administration, the application must be

2   submitted within a 6-month period beginning with the

3   month in which the person received notice of

4   retroactive eligibility to enroll;

5   (ii) has Medicare and an employer group health

6   plan (either primary or secondary to Medicare) that

7   terminates or ceases to provide all such supplemental

8   health benefits;

9   (iii) is insured by a Medicare Advantage plan that

10  includes a Health Maintenance Organization, a

11  Preferred Provider Organization, and a Private

12  Fee-For-Service or Medicare Select plan and the

13  applicant moves out of the plan's service area; the

14  insurer goes out of business, withdraws from the

15  market, or has its Medicare contract terminated; or

16  the plan violates its contract provisions or is

17  misrepresented in its marketing; or

18  (iv) is insured by a Medicare supplement policy

19  and the insurer goes out of business, withdraws from

20  the market, or the insurance company or agents

21  misrepresent the plan and the applicant is without

22  coverage;

23  (b) make available to persons eligible for Medicare by

24  reason of disability each type of Medicare supplement

25  policy the issuer makes available to persons eligible for

26  Medicare by reason of age;
    SB2394 Enrolled  - 1825 - LRB104 09208 AMC 19265 b

1   (c) not charge individuals who become eligible for

2   Medicare by reason of disability and who are under the age

3   of 65 premium rates for any medical supplemental insurance

4   benefit plan offered by the issuer that exceed the

5   issuer's highest rate on the current rate schedule filed

6   with the Department Division of Insurance for that plan to

7   individuals who are age 65 or older; and

8   (d) provide the rights granted by items (a) through

9   (d), for 6 months after June 1, 2008 (the effective date of

10  Public Act 95-436) this amendatory Act of the 95th General

11  Assembly, to any person who had enrolled for benefits

12  under Medicare Part B prior to Public Act 95-436 and this

13  amendatory Act of the 95th General Assembly who otherwise

14  would have been eligible for coverage under item (a).

15  (7) The Director shall issue reasonable rules and

16 regulations for the following purposes:

17  (a) To establish specific standards for policy

18  provisions of Medicare policies and certificates. The

19  standards shall be in accordance with the requirements of

20  this Code. No requirement of this Code relating to minimum

21  required policy benefits, other than the minimum standards

22  contained in this Section and Section 363a, shall apply to

23  Medicare supplement policies and certificates. The

24  standards may cover, but are not limited to the following:

25  (A) Terms of renewability.

26  (B) Initial and subsequent terms of eligibility.
    SB2394 Enrolled  - 1826 - LRB104 09208 AMC 19265 b

1   (C) Non-duplication of coverage.

2   (D) Probationary and elimination periods.

3   (E) Benefit limitations, exceptions and

4   reductions.

5   (F) Requirements for replacement.

6   (G) Recurrent conditions.

7   (H) Definition of terms.

8   (I) Requirements for issuing rebates or credits to

9   policyholders if the policy's loss ratio does not

10  comply with subsection (7) of Section 363a.

11  (J) Uniform methodology for the calculating and

12  reporting of loss ratio information.

13  (K) Assuring public access to loss ratio

14  information of an issuer of Medicare supplement

15  insurance.

16  (L) Establishing a process for approving or

17  disapproving proposed premium increases.

18  (M) Establishing a policy for holding public

19  hearings prior to approval of premium increases.

20  (N) Establishing standards for Medicare Select

21  policies.

22  (O) Prohibited policy provisions not otherwise

23  specifically authorized by statute that, in the

24  opinion of the Director, are unjust, unfair, or

25  unfairly discriminatory to any person insured or

26  proposed for coverage under a Medicare medicare
    SB2394 Enrolled       - 1827 - LRB104 09208 AMC 19265 b

1   supplement policy or certificate.

2   (b) To establish minimum standards for benefits and

3   claims payments, marketing practices, compensation

4   arrangements, and reporting practices for Medicare

5   supplement policies.

6   (c) To implement transitional requirements of Medicare

7   supplement insurance benefits and premiums of Medicare

8   supplement policies and certificates to conform to

9   Medicare program revisions.

10  (8) If an individual is at least 65 years of age but no

11 more than 75 years of age and has an existing Medicare

12 supplement policy, the individual is entitled to an annual

13 open enrollment period lasting 45 days, commencing with the

14 individual's birthday, and the individual may purchase any

15 Medicare supplement policy with the same issuer or any

16 affiliate authorized to transact business in this State that

17 offers benefits equal to or lesser than those provided by the

18 previous coverage. During this open enrollment period, an

19 issuer of a Medicare supplement policy shall not deny or

20 condition the issuance or effectiveness of Medicare

21 supplemental coverage, nor discriminate in the pricing of

22 coverage, because of health status, claims experience, receipt

23 of health care, or a medical condition of the individual. An

24 issuer shall provide notice of this annual open enrollment

25 period for eligible Medicare supplement policyholders at the

26 time that the application is made for a Medicare supplement
    SB2394 Enrolled           - 1828 - LRB104 09208 AMC 19265 b

1 policy or certificate. The notice shall be in a form that may

2 be prescribed by the Department.

3   (9) Without limiting an individual's eligibility under

4 Department rules implementing 42 U.S.C. 1395ss(s)(2)(A), for

5 at least 63 days after the later of the applicant's loss of

6 benefits or the notice of termination of benefits, including a

7 notice of claim denial due to termination of benefits, under

8 the State's medical assistance program under Article V of the

9 Illinois Public Aid Code, an issuer shall not deny or

10 condition the issuance or effectiveness of any Medicare

11 supplement policy or certificate that is offered and is

12 available for issuance to new enrollees by the issuer; shall

13 not discriminate in the pricing of such a Medicare supplement

14 policy because of health status, claims experience, receipt of

15 health care, or medical condition; and shall not include a

16 policy provision that imposes an exclusion of benefits based

17 on a preexisting condition under such a Medicare supplement

18 policy if the individual:

19  (a) is enrolled for Medicare Part B;

20  (b) was enrolled in the State's medical assistance

21  program during the COVID-19 Public Health Emergency

22  described in Section 5-1.5 of the Illinois Public Aid

23  Code;

24  (c) was terminated or disenrolled from the State's

25  medical assistance program after the COVID-19 Public

26  Health Emergency and the later of the date of termination
    SB2394 Enrolled  - 1829 - LRB104 09208 AMC 19265 b

1   of benefits or the date of the notice of termination,

2   including a notice of a claim denial due to termination,

3   occurred on, after, or no more than 63 days before the end

4   of either, as applicable:

5   (A) the individual's Medicare supplement open

6   enrollment period described in Department rules

7   implementing 42 U.S.C. 1395ss(s)(2)(A); or

8   (B) the 6-month period described in Section

9   363(6)(a)(i) of this Code; and

10  (d) submits evidence of the date of termination of

11  benefits or notice of termination under the State's

12  medical assistance program with the application for a

13  Medicare supplement policy or certificate.

14  (10) Each Medicare supplement policy and certificate

15 available from an insurer on and after June 16, 2023 (the

16 effective date of Public Act 103-102) this amendatory Act of

17 the 103rd General Assembly shall be made available to all

18 applicants who qualify under subparagraph (i) of paragraph (a)

19 of subsection (6) or Department rules implementing 42 U.S.C.

20 1395ss(s)(2)(A) without regard to age or applicability of a

21 Medicare Part B late enrollment penalty.

22 (Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23;

23 103-747, eff. 1-1-26; revised 10-24-24.)

24  (215 ILCS 5/367a) (from Ch. 73, par. 979a)

25  Sec. 367a. Blanket accident and health insurance.
    SB2394 Enrolled   - 1830 - LRB104 09208 AMC 19265 b

1   (1) Blanket accident and health insurance is the form of

2 accident and health insurance providing excepted benefits, as

3 defined in Section 352c, that covers special groups of persons

4 as enumerated in one of the following paragraphs (a) to (g),

5 inclusive:

6   (a) Under a policy or contract issued to any carrier

7   for hire, which shall be deemed the policyholder, covering

8   a group defined as all persons who may become passengers

9   on such carrier.

10  (b) Under a policy or contract issued to an employer,

11  who shall be deemed the policyholder, covering all

12  employees or any group of employees defined by reference

13  to exceptional hazards incident to such employment.

14  (c) Under a policy or contract issued to a college,

15  school, or other institution of learning or to the head or

16  principal thereof, who or which shall be deemed the

17  policyholder, covering students or teachers. However,

18  student health insurance coverage, as defined in 45 CFR

19  147.145, shall remain subject to the standards and

20  requirements for individual health insurance coverage

21  except where inconsistent with that regulation. Student

22  health insurance coverage shall not be subject to the

23  Short-Term, Limited-Duration Health Insurance Coverage

24  Act. An insurer issuer providing student health insurance

25  coverage or a policy or contract covering students for

26  limited-scope dental or vision under 45 CFR 148.220 shall
    SB2394 Enrolled  - 1831 - LRB104 09208 AMC 19265 b

1   require an individual application or enrollment form and

2   shall furnish each insured individual a certificate, which

3   shall have been approved by the Director under Section

4   355.

5   (d) Under a policy or contract issued in the name of

6   any volunteer fire department, first aid, or other such

7   volunteer group, which shall be deemed the policyholder,

8   covering all of the members of such department or group.

9   (e) Under a policy or contract issued to a creditor,

10  who shall be deemed the policyholder, to insure debtors of

11  the creditors; Provided, however, that in the case of a

12  loan which is subject to the Small Loans Act, no insurance

13  premium or other cost shall be directly or indirectly

14  charged or assessed against, or collected or received from

15  the borrower.

16  (f) Under a policy or contract issued to a sports team

17  or to a camp, which team or camp sponsor shall be deemed

18  the policyholder, covering members or campers.

19  (g) Under a policy or contract issued to any other

20  substantially similar group which, in the discretion of

21  the Director, may be subject to the issuance of a blanket

22  accident and health policy or contract.

23  (2) Any insurance company authorized to write accident and

24 health insurance in this state shall have the power to issue

25 blanket accident and health insurance. No such blanket policy

26 may be issued or delivered in this State unless a copy of the
    SB2394 Enrolled            - 1832 - LRB104 09208 AMC 19265 b

1 form thereof shall have been filed in accordance with Section

2 355, and it contains in substance such of those provisions

3 contained in Sections 357.1 through 357.30 as may be

4 applicable to blanket accident and health insurance and the

5 following provisions:

6   (a) A provision that the policy and the application

7   shall constitute the entire contract between the parties,

8   and that all statements made by the policyholder shall, in

9   absence of fraud, be deemed representations and not

10  warranties, and that no such statements shall be used in

11  defense to a claim under the policy, unless it is

12  contained in a written application.

13  (b) A provision that to the group or class thereof

14  originally insured shall be added from time to time all

15  new persons or individuals eligible for coverage.

16  (3) An individual application shall not be required from a

17 person covered under a blanket accident or health policy or

18 contract, nor shall it be necessary for the insurer to furnish

19 each person a certificate.

20  (3.5) Subsection (3) does not apply to major medical

21 insurance, or to any excepted benefits or short-term,

22 limited-duration health insurance coverage for which an

23 insured individual pays premiums or contributions. In those

24 cases, the insurer shall require an individual application or

25 enrollment form and shall furnish each insured individual a

26 certificate, which shall have been approved by the Director
    SB2394 Enrolled    - 1833 - LRB104 09208 AMC 19265 b

1 under Section 355 of this Code.

2   (4) All benefits under any blanket accident and health

3 policy shall be payable to the person insured, or to his

4 designated beneficiary or beneficiaries, or to his or her

5 estate, except that if the person insured be a minor or person

6 under legal disability, such benefits may be made payable to

7 his or her parent, guardian, or other person actually

8 supporting him or her. Provided further, however, that the

9 policy may provide that all or any portion of any indemnities

10 provided by any such policy on account of hospital, nursing,

11 medical or surgical services may, at the insurer's option, be

12 paid directly to the hospital or person rendering such

13 services; but the policy may not require that the service be

14 rendered by a particular hospital or person. Payment so made

15 shall discharge the insurer's obligation with respect to the

16 amount of insurance so paid.

17  (5) Nothing contained in this Section section shall be

18 deemed to affect the legal liability of policyholders for the

19 death of or injury to, any such member of such group.

20 (Source: P.A. 103-649, eff. 1-1-25; 103-718, eff. 1-1-25;

21 revised 11-26-24.)

22  (215 ILCS 5/367f) (from Ch. 73, par. 979f)

23  Sec. 367f. Firefighters' continuance privilege. As used in

24 this Section:

25  1. The terms "municipality", "deferred pensioner" and
    SB2394 Enrolled           - 1834 - LRB104 09208 AMC 19265 b

1 "creditable service" shall have the meaning ascribed to such

2 terms by Sections 4-103, 4-105a, and 4-108, respectively, of

3 the Illinois Pension Code, as now or hereafter amended.

4   2. "Firefighter" means a person who is a "firefighter" as

5 defined in Section 4-106 of the Illinois Pension Code, a

6 paramedic who is employed by a unit of local government, or an

7   emergency  medical        technician,  emergency       medical

8 technician-basic, emergency medical technician-intermediate,

9 or advanced emergency medical technician who is employed by a

10 unit of local government.

11  3. The "retirement or disability period" of a firefighter

12 means the period:

13  a. which begins on the day the firefighter is removed

14  from a municipality's fire department payroll because of

15  the occurrence of any of the following events, to wit: (i)

16  the firefighter retires as a deferred pensioner under

17  Section 4-105a of the Illinois Pension Code, (ii) the

18  firefighter retires from active service as a firefighter

19  with an attained age and accumulated creditable service

20  which together qualify the firefighter for immediate

21  receipt of retirement pension benefits under Section 4-109

22  of the Illinois Pension Code, or (iii) the firefighter's

23  disability is established under Section 4-112 of the

24  Illinois Pension Code; and

25  b. which ends on the first to occur of any of the

26  following events, to wit: (i) the firefighter's
    SB2394 Enrolled  - 1835 - LRB104 09208 AMC 19265 b

1   reinstatement or reentry into active service on the

2   municipality's fire department as provided for under

3   Article 4 of the Illinois Pension Code, (ii) the

4   firefighter's exercise of any refund option available

5   under Section 4-116 of the Illinois Pension Code, (iii)

6   the firefighter's loss pursuant to Section 4-138 of the

7   Illinois Pension Code of any benefits provided for in

8   Article 4 of that Code, or (iv) the firefighter's death or

9   -- if at the time of the firefighter's death the

10  firefighter is survived by a spouse who, in that capacity,

11  is entitled to receive a surviving spouse's monthly

12  pension pursuant to Article 4 of the Illinois Pension Code

13  -- then the death or remarriage of that spouse.

14  No policy of group accident and health insurance under

15 which firefighters employed by a municipality are insured for

16 their individual benefit shall be issued or delivered in this

17 State to any municipality unless such group policy provides

18 for the election of continued group insurance coverage for the

19 retirement or disability period of each firefighter who is

20 insured under the provisions of the group policy on the day

21 immediately preceding the day on which the retirement or

22 disability period of such firefighter begins. So long as any

23 required premiums for continued group insurance coverage are

24 paid in accordance with the provisions of the group policy, an

25 election made pursuant to this Section shall provide continued

26 group insurance coverage for a firefighter throughout the
SB2394 Enrolled  - 1836 - LRB104 09208 AMC 19265 b

 1 retirement or disability period of the firefighter and, unless
 2 the firefighter otherwise elects and subject to any other
 3 provisions of the group policy which relate either to the
 4 provision or to the termination of dependents' coverage and
 5 which are not inconsistent with this Section, for any
 6 dependents of the firefighter who are insured under the group
 7 policy on the day immediately preceding the day on which the
 8 retirement or disability period of the firefighter begins;
 9 provided, however, that when such continued group insurance
10 coverage is in effect with respect to a firefighter on the date
11 of the firefighter's death but the retirement or disability
12 period of the firefighter does not end with such firefighter's
13 death, then the deceased firefighter's surviving spouse upon
14 whose death or remarriage such retirement or disability period
15 will end shall be entitled, without further election and upon
16 payment of any required premiums in accordance with the
17 provisions of the group policy, to maintain such continued
18 group insurance coverage in effect until the end of such
19 retirement or disability period. Continued group insurance
20 coverage shall be provided in accordance with this Section at
21 the same premium rate from time to time charged for equivalent
22 coverage provided under the group policy with respect to
23 covered firefighters whose retirement or disability period has
24 not begun, and no distinction or discrimination in the amount
25 or rate of premiums or in any waiver of premium or other
26 benefit provision shall be made between continued group
    SB2394 Enrolled  - 1837 - LRB104 09208 AMC 19265 b

1 insurance coverage elected pursuant to this Section and

2 equivalent coverage provided to firefighters under the group

3 policy other than pursuant to the provisions of this Section;

4 provided that no municipality shall be required by reason of

5 any provision of this Section to pay any group insurance

6 premium other than one that may be negotiated in a collective

7 bargaining agreement. If a person electing continued coverage

8 under this Section becomes eligible for medicare coverage,

9 benefits under the group policy may continue as a supplement

10 to the medicare coverage upon payment of any required premiums

11 to maintain the benefits of the group policy as supplemental

12 coverage.

13  Within 15 days of the beginning of the retirement or

14 disability period of any firefighter entitled to elect

15 continued group insurance coverage under any group policy

16 affected by this Section, the municipality last employing such

17 firefighter shall give written notice of such beginning by

18 certified mail, return receipt requested to the insurance

19 company issuing such policy. The notice shall include the

20 firefighter's name and last known place of residence and the

21 beginning date of the firefighter's retirement or disability

22 period.

23  Within 15 days of the date of receipt of such notice from

24 the municipality, the insurance company by certified mail,

25 return receipt requested, shall give written notice to the

26 firefighter at the firefighter's last known place of residence
    SB2394 Enrolled  - 1838 - LRB104 09208 AMC 19265 b

1 that coverage under the group policy may be continued for the

2 retirement or disability period of the firefighter as provided

3 in this Section. Such notice shall set forth: (i) a statement

4 of election to be filed by the firefighter if the firefighter

5 wishes to continue such group insurance coverage, (ii) the

6 amount of monthly premium, including a statement of the

7 portion of such monthly premium attributable to any

8 dependents' coverage which the firefighter may elect, and

9 (iii) instructions as to the return of the election form to the

10 insurance company issuing such policy. Election shall be made,

11 if at all, by returning the statement of election to the

12 insurance company by certified mail, return receipt requested

13 within 15 days after having received it.

14  If the firefighter elects to continue coverage, it shall

15 be the obligation of the firefighter to pay the monthly

16 premium directly to the municipality, which shall forward it

17 to the insurance company issuing the group insurance policy,

18 or as otherwise directed by the insurance company; provided,

19 however, that the firefighter shall be entitled to designate

20 on the statement of election required to be filed with the

21 insurance company that the total monthly premium, or such

22 portion thereof as is not contributed by a municipality, be

23 deducted by a Firefighter's Pension Fund from any monthly

24 pension payment otherwise payable to or on behalf of the

25 firefighter pursuant to Article 4 of the Illinois Pension

26 Code, and be remitted by such Pension Fund to the insurance
    SB2394 Enrolled  - 1839 - LRB104 09208 AMC 19265 b

1 company. The portion, if any, of the monthly premium

2 contributed by a municipality for such continued group

3 insurance coverage shall be paid by the municipality directly

4 to the insurance company issuing the group insurance policy,

5 or as otherwise directed by the insurance company. Such

6 continued group insurance coverage shall relate back to the

7 beginning of the firefighter's retirement or disability

8 period.

9   The amendment, renewal, or extension of any group

10 insurance policy affected by this Section shall be deemed to

11 be the issuance of a new policy of insurance for purposes of

12 this Section.

13  In the event that a municipality makes a program of

14 accident, health, hospital, or medical benefits available to

15 its firefighters through self-insurance, or by participation

16 in a pool or reciprocal insurer, or by contract in a form other

17 than a policy of group insurance with one or more medical

18 service plans, health care service corporations, health

19 maintenance organizations, or any other professional

20 corporations or plans under which health care or reimbursement

21 for the costs thereof is provided, whether the cost of such

22 benefits is borne by the municipality or the firefighters or

23 both, such firefighters and their surviving spouses shall have

24 the same right to elect continued coverage under such program

25 of benefits as they would have if such benefits were provided

26 by a policy of group accident and health insurance. In such
    SB2394 Enrolled  - 1840 - LRB104 09208 AMC 19265 b

1 cases, the notice of right to elect continued coverage shall

2 be sent by the municipality; the statement of election shall

3 be sent to the municipality; and references to the required

4 premium shall refer to that portion of the cost of such

5 benefits which is not borne by the municipality, either

6 voluntarily or pursuant to the provisions of a collective

7 bargaining agreement. In the case of a municipality providing

8 such benefits through self-insurance or participation in a

9 pool or reciprocal insurer, the right to elect continued

10 coverage which is provided by this paragraph shall be

11 implemented and made available to the firefighters of the

12 municipality and qualifying surviving spouses not later than

13 July 1, 1985.

14  The amendment, renewal, or extension of any such contract

15 in a form other than a policy of group insurance policy shall

16 be deemed the formation of a new contract for the purposes of

17 this Section.

18  This Section shall not limit the exercise of any

19 conversion privileges available under Section 367e.

20  Pursuant to paragraphs (h) and (i) of Section 6 of Article

21 VII of the Illinois Constitution, this Section specifically

22 denies and limits the exercise by a home rule unit of any power

23 which is inconsistent with this Section and all existing laws

24 and ordinances which are inconsistent with this Section are

25 hereby superseded. This Section does not preempt the

26 concurrent exercise by home rule units of powers consistent
    SB2394 Enrolled  - 1841 - LRB104 09208 AMC 19265 b

1 herewith.

2   The Division of Insurance of the Department of Insurance

3 Financial and Professional Regulation shall enforce the

4 provisions of this Section, including provisions relating to

5 municipality self-insured benefit plans.

6 (Source: P.A. 103-52, eff. 1-1-24; revised 7-18-24.)

7   (215 ILCS 5/370c) (from Ch. 73, par. 982c)

8   Sec. 370c. Mental and emotional disorders.

9   (a)(1) On and after January 1, 2022 (the effective date of

10 Public Act 102-579), every insurer that amends, delivers,

11 issues, or renews group accident and health policies providing

12 coverage for hospital or medical treatment or services for

13 illness on an expense-incurred basis shall provide coverage

14 for the medically necessary treatment of mental, emotional,

15 nervous, or substance use disorders or conditions consistent

16 with the parity requirements of Section 370c.1 of this Code.

17  (2) Each insured that is covered for mental, emotional,

18 nervous, or substance use disorders or conditions shall be

19 free to select the physician licensed to practice medicine in

20 all its branches, licensed clinical psychologist, licensed

21 clinical social worker, licensed clinical professional

22 counselor, licensed marriage and family therapist, licensed

23 speech-language pathologist, or other licensed or certified

24 professional at a program licensed pursuant to the Substance

25 Use Disorder Act of his or her choice to treat such disorders,
    SB2394 Enrolled  - 1842 - LRB104 09208 AMC 19265 b

1 and the insurer shall pay the covered charges of such

2 physician licensed to practice medicine in all its branches,

3 licensed clinical psychologist, licensed clinical social

4 worker, licensed clinical professional counselor, licensed

5 marriage and family therapist, licensed speech-language

6 pathologist, or other licensed or certified professional at a

7 program licensed pursuant to the Substance Use Disorder Act up

8 to the limits of coverage, provided (i) the disorder or

9 condition treated is covered by the policy, and (ii) the

10 physician, licensed psychologist, licensed clinical social

11 worker, licensed clinical professional counselor, licensed

12 marriage and family therapist, licensed speech-language

13 pathologist, or other licensed or certified professional at a

14 program licensed pursuant to the Substance Use Disorder Act is

15 authorized to provide said services under the statutes of this

16 State and in accordance with accepted principles of his or her

17 profession.

18  (3) Insofar as this Section applies solely to licensed

19 clinical social workers, licensed clinical professional

20 counselors, licensed marriage and family therapists, licensed

21 speech-language pathologists, and other licensed or certified

22 professionals at programs licensed pursuant to the Substance

23 Use Disorder Act, those persons who may provide services to

24 individuals shall do so after the licensed clinical social

25 worker, licensed clinical professional counselor, licensed

26 marriage and family therapist, licensed speech-language
    SB2394 Enrolled        - 1843 - LRB104 09208 AMC 19265 b

1 pathologist, or other licensed or certified professional at a

2 program licensed pursuant to the Substance Use Disorder Act

3 has informed the patient of the desirability of the patient

4 conferring with the patient's primary care physician.

5   (4) "Mental, emotional, nervous, or substance use disorder

6 or condition" means a condition or disorder that involves a

7 mental health condition or substance use disorder that falls

8 under any of the diagnostic categories listed in the mental

9 and behavioral disorders chapter of the current edition of the

10 World Health Organization's International Classification of

11 Disease or that is listed in the most recent version of the

12 American Psychiatric Association's Diagnostic and Statistical

13 Manual of Mental Disorders. "Mental, emotional, nervous, or

14 substance use disorder or condition" includes any mental

15 health condition that occurs during pregnancy or during the

16 postpartum period and includes, but is not limited to,

17 postpartum depression.

18  (5) Medically necessary treatment and medical necessity

19 determinations shall be interpreted and made in a manner that

20 is consistent with and pursuant to subsections (h) through

21 (t).

22  (b)(1) (Blank).

23  (2) (Blank).

24  (2.5) (Blank).

25  (3) Unless otherwise prohibited by federal law and

26 consistent with the parity requirements of Section 370c.1 of
SB2394 Enrolled  - 1844 - LRB104 09208 AMC 19265 b

 1 this Code, the reimbursing insurer that amends, delivers,
 2 issues, or renews a group or individual policy of accident and
 3 health insurance, a qualified health plan offered through the
 4 health insurance marketplace, or a provider of treatment of
 5 mental, emotional, nervous, or substance use disorders or
 6 conditions shall furnish medical records or other necessary
 7 data that substantiate that initial or continued treatment is
 8 at all times medically necessary. An insurer shall provide a
 9 mechanism for the timely review by a provider holding the same
10 license and practicing in the same specialty as the patient's
11 provider, who is unaffiliated with the insurer, jointly
12 selected by the patient (or the patient's next of kin or legal
13 representative if the patient is unable to act for himself or
14 herself), the patient's provider, and the insurer in the event
15 of a dispute between the insurer and patient's provider
16 regarding the medical necessity of a treatment proposed by a
17 patient's provider. If the reviewing provider determines the
18 treatment to be medically necessary, the insurer shall provide
19 reimbursement for the treatment. Future contractual or
20 employment actions by the insurer regarding the patient's
21 provider may not be based on the provider's participation in
22 this procedure. Nothing prevents the insured from agreeing in
23 writing to continue treatment at his or her expense. When
24 making a determination of the medical necessity for a
25 treatment modality for mental, emotional, nervous, or
26 substance use disorders or conditions, an insurer must make
    SB2394 Enrolled         - 1845 - LRB104 09208 AMC 19265 b

1 the determination in a manner that is consistent with the

2 manner used to make that determination with respect to other

3 diseases or illnesses covered under the policy, including an

4 appeals process. Medical necessity determinations for

5 substance use disorders shall be made in accordance with

6 appropriate patient placement criteria established by the

7 American Society of Addiction Medicine. No additional criteria

8 may be used to make medical necessity determinations for

9 substance use disorders.

10  (4) A group health benefit plan amended, delivered,

11 issued, or renewed on or after January 1, 2019 (the effective

12 date of Public Act 100-1024) or an individual policy of

13 accident and health insurance or a qualified health plan

14 offered through the health insurance marketplace amended,

15 delivered, issued, or renewed on or after January 1, 2019 (the

16 effective date of Public Act 100-1024):

17  (A) shall provide coverage based upon medical

18  necessity for the treatment of a mental, emotional,

19  nervous, or substance use disorder or condition consistent

20  with the parity requirements of Section 370c.1 of this

21  Code; provided, however, that in each calendar year

22  coverage shall not be less than the following:

23  (i) 45 days of inpatient treatment; and

24  (ii) beginning on June 26, 2006 (the effective

25  date of Public Act 94-921), 60 visits for outpatient

26  treatment including group and individual outpatient
    SB2394 Enrolled  - 1846 - LRB104 09208 AMC 19265 b

1   treatment; and

2            (iii) for plans or policies delivered, issued for

3   delivery, renewed, or modified after January 1, 2007

4   (the effective date of Public Act 94-906), 20

5   additional outpatient visits for speech therapy for

6   treatment of pervasive developmental disorders that

7   will be in addition to speech therapy provided

8   pursuant to item (ii) of this subparagraph (A); and

9   (B) may not include a lifetime limit on the number of

10  days of inpatient treatment or the number of outpatient

11  visits covered under the plan.

12  (C) (Blank).

13  (5) An issuer of a group health benefit plan or an

14 individual policy of accident and health insurance or a

15 qualified health plan offered through the health insurance

16 marketplace may not count toward the number of outpatient

17 visits required to be covered under this Section an outpatient

18 visit for the purpose of medication management and shall cover

19 the outpatient visits under the same terms and conditions as

20 it covers outpatient visits for the treatment of physical

21 illness.

22  (5.5) An individual or group health benefit plan amended,

23 delivered, issued, or renewed on or after September 9, 2015

24 (the effective date of Public Act 99-480) shall offer coverage

25 for medically necessary acute treatment services and medically

26 necessary clinical stabilization services. The treating
    SB2394 Enrolled  - 1847 - LRB104 09208 AMC 19265 b

1 provider shall base all treatment recommendations and the

2 health benefit plan shall base all medical necessity

3 determinations for substance use disorders in accordance with

4 the most current edition of the Treatment Criteria for

5 Addictive, Substance-Related, and Co-Occurring Conditions

6 established by the American Society of Addiction Medicine. The

7 treating provider shall base all treatment recommendations and

8 the health benefit plan shall base all medical necessity

9 determinations for medication-assisted treatment in accordance

10 with the most current Treatment Criteria for Addictive,

11 Substance-Related, and Co-Occurring Conditions established by

12 the American Society of Addiction Medicine.

13  As used in this subsection:

14  "Acute treatment services" means 24-hour medically

15 supervised addiction treatment that provides evaluation and

16 withdrawal management and may include biopsychosocial

17 assessment, individual and group counseling, psychoeducational

18 groups, and discharge planning.

19  "Clinical stabilization services" means 24-hour treatment,

20 usually following acute treatment services for substance

21 abuse, which may include intensive education and counseling

22 regarding the nature of addiction and its consequences,

23 relapse prevention, outreach to families and significant

24 others, and aftercare planning for individuals beginning to

25 engage in recovery from addiction.

26  (6) An issuer of a group health benefit plan may provide or
    SB2394 Enrolled     - 1848 - LRB104 09208 AMC 19265 b

1 offer coverage required under this Section through a managed

2 care plan.

3   (6.5) An individual or group health benefit plan amended,

4 delivered, issued, or renewed on or after January 1, 2019 (the

5 effective date of Public Act 100-1024):

6   (A) shall not impose prior authorization requirements,

7   including limitations on dosage, other than those

8   established under the Treatment Criteria for Addictive,

9   Substance-Related,  and   Co-Occurring  Conditions

10  established by the American Society of Addiction Medicine,

11  on a prescription medication approved by the United States

12  Food and Drug Administration that is prescribed or

13  administered for the treatment of substance use disorders;

14  (B) shall not impose any step therapy requirements;

15  (C) shall place all prescription medications approved

16  by the United States Food and Drug Administration

17  prescribed or administered for the treatment of substance

18  use disorders on, for brand medications, the lowest tier

19  of the drug formulary developed and maintained by the

20  individual or group health benefit plan that covers brand

21  medications and, for generic medications, the lowest tier

22  of the drug formulary developed and maintained by the

23  individual or group health benefit plan that covers

24  generic medications; and

25  (D) shall not exclude coverage for a prescription

26  medication approved by the United States Food and Drug
    SB2394 Enrolled      - 1849 - LRB104 09208 AMC 19265 b

1   Administration for the treatment of substance use

2   disorders and any associated counseling or wraparound

3   services on the grounds that such medications and services

4   were court ordered.

5   (7) (Blank).

6   (8) (Blank).

7   (9) With respect to all mental, emotional, nervous, or

8 substance use disorders or conditions, coverage for inpatient

9 treatment shall include coverage for treatment in a

10 residential treatment center certified or licensed by the

11 Department of Public Health or the Department of Human

12 Services.

13  (c) This Section shall not be interpreted to require

14 coverage for speech therapy or other habilitative services for

15 those individuals covered under Section 356z.15 of this Code.

16  (d) With respect to a group or individual policy of

17 accident and health insurance or a qualified health plan

18 offered through the health insurance marketplace, the

19 Department and, with respect to medical assistance, the

20 Department of Healthcare and Family Services shall each

21 enforce the requirements of this Section and Sections 356z.23

22 and 370c.1 of this Code, the Paul Wellstone and Pete Domenici

23 Mental Health Parity and Addiction Equity Act of 2008, 42

24 U.S.C. 18031(j), and any amendments to, and federal guidance

25 or regulations issued under, those Acts, including, but not

26 limited to, final regulations issued under the Paul Wellstone
    SB2394 Enrolled  - 1850 - LRB104 09208 AMC 19265 b

1 and Pete Domenici Mental Health Parity and Addiction Equity

2 Act of 2008 and final regulations applying the Paul Wellstone

3 and Pete Domenici Mental Health Parity and Addiction Equity

4 Act of 2008 to Medicaid managed care organizations, the

5 Children's Health Insurance Program, and alternative benefit

6 plans. Specifically, the Department and the Department of

7 Healthcare and Family Services shall take action:

8   (1) proactively ensuring compliance by individual and

9   group policies, including by requiring that insurers

10  submit comparative analyses, as set forth in paragraph (6)

11  of subsection (k) of Section 370c.1, demonstrating how

12  they design and apply nonquantitative treatment

13  limitations, both as written and in operation, for mental,

14  emotional, nervous, or substance use disorder or condition

15  benefits as compared to how they design and apply

16  nonquantitative treatment limitations, as written and in

17  operation, for medical and surgical benefits;

18  (2) evaluating all consumer or provider complaints

19  regarding mental, emotional, nervous, or substance use

20  disorder or condition coverage for possible parity

21  violations;

22  (3) performing parity compliance market conduct

23  examinations or, in the case of the Department of

24  Healthcare and Family Services, parity compliance audits

25  of individual and group plans and policies, including, but

26  not limited to, reviews of:
    SB2394 Enrolled     - 1851 - LRB104 09208 AMC 19265 b

1              (A) nonquantitative treatment limitations,

2   including, but not limited to, prior authorization

3   requirements, concurrent review, retrospective review,

4   step therapy, network admission standards,

5   reimbursement rates, and geographic restrictions;

6              (B) denials of authorization, payment, and

7   coverage; and

8              (C) other specific criteria as may be determined

9   by the Department.

10  The findings and the conclusions of the parity compliance

11 market conduct examinations and audits shall be made public.

12  The Director may adopt rules to effectuate any provisions

13 of the Paul Wellstone and Pete Domenici Mental Health Parity

14 and Addiction Equity Act of 2008 that relate to the business of

15 insurance.

16  (e) Availability of plan information.

17  (1) The criteria for medical necessity determinations

18  made under a group health plan, an individual policy of

19  accident and health insurance, or a qualified health plan

20  offered through the health insurance marketplace with

21  respect to mental health or substance use disorder

22  benefits (or health insurance coverage offered in

23  connection with the plan with respect to such benefits)

24  must be made available by the plan administrator (or the

25  health insurance issuer offering such coverage) to any

26  current or potential participant, beneficiary, or
    SB2394 Enrolled  - 1852 - LRB104 09208 AMC 19265 b

1   contracting provider upon request.

2          (2) The reason for any denial under a group health

3   benefit plan, an individual policy of accident and health

4   insurance, or a qualified health plan offered through the

5   health insurance marketplace (or health insurance coverage

6   offered in connection with such plan or policy) of

7   reimbursement or payment for services with respect to

8   mental, emotional, nervous, or substance use disorders or

9   conditions benefits in the case of any participant or

10  beneficiary must be made available within a reasonable

11  time and in a reasonable manner and in readily

12  understandable language by the plan administrator (or the

13  health insurance issuer offering such coverage) to the

14  participant or beneficiary upon request.

15  (f) As used in this Section, "group policy of accident and

16 health insurance" and "group health benefit plan" includes (1)

17 State-regulated employer-sponsored group health insurance

18 plans written in Illinois or which purport to provide coverage

19 for a resident of this State; and (2) State employee health

20 plans.

21  (g) (1) As used in this subsection:

22  "Benefits", with respect to insurers, means the benefits

23 provided for treatment services for inpatient and outpatient

24 treatment of substance use disorders or conditions at American

25 Society of Addiction Medicine levels of treatment 2.1

26 (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
    SB2394 Enrolled  - 1853 - LRB104 09208 AMC 19265 b

1 (Clinically Managed Low-Intensity Residential), 3.3

2 (Clinically Managed Population-Specific High-Intensity

3 Residential), 3.5 (Clinically Managed High-Intensity

4 Residential), and 3.7 (Medically Monitored Intensive

5 Inpatient) and OMT (Opioid Maintenance Therapy) services.

6   "Benefits", with respect to managed care organizations,

7 means the benefits provided for treatment services for

8 inpatient and outpatient treatment of substance use disorders

9 or conditions at American Society of Addiction Medicine levels

10 of treatment 2.1 (Intensive Outpatient), 2.5 (Partial

11 Hospitalization), 3.5 (Clinically Managed High-Intensity

12 Residential), and 3.7 (Medically Monitored Intensive

13 Inpatient) and OMT (Opioid Maintenance Therapy) services.

14  "Substance use disorder treatment provider or facility"

15 means a licensed physician, licensed psychologist, licensed

16 psychiatrist, licensed advanced practice registered nurse, or

17 licensed, certified, or otherwise State-approved facility or

18 provider of substance use disorder treatment.

19  (2) A group health insurance policy, an individual health

20 benefit plan, or qualified health plan that is offered through

21 the health insurance marketplace, small employer group health

22 plan, and large employer group health plan that is amended,

23 delivered, issued, executed, or renewed in this State, or

24 approved for issuance or renewal in this State, on or after

25 January 1, 2019 (the effective date of Public Act 100-1023)

26 shall comply with the requirements of this Section and Section
   SB2394 Enrolled  - 1854 - LRB104 09208 AMC 19265 b

1 370c.1. The services for the treatment and the ongoing

2 assessment of the patient's progress in treatment shall follow

3 the requirements of 77 Ill. Adm. Code 2060.

4  (3) Prior authorization shall not be utilized for the

5 benefits under this subsection. The substance use disorder

6 treatment provider or facility shall notify the insurer of the

7 initiation of treatment. For an insurer that is not a managed

8 care organization, the substance use disorder treatment

9 provider or facility notification shall occur for the

10 initiation of treatment of the covered person within 2

11 business days. For managed care organizations, the substance

12 use disorder treatment provider or facility notification shall

13 occur in accordance with the protocol set forth in the

14 provider agreement for initiation of treatment within 24

15 hours. If the managed care organization is not capable of

16 accepting the notification in accordance with the contractual

17 protocol during the 24-hour period following admission, the

18 substance use disorder treatment provider or facility shall

19 have one additional business day to provide the notification

20 to the appropriate managed care organization. Treatment plans

21 shall be developed in accordance with the requirements and

22 timeframes established in 77 Ill. Adm. Code 2060. If the

23 substance use disorder treatment provider or facility fails to

24 notify the insurer of the initiation of treatment in

25 accordance with these provisions, the insurer may follow its

26 normal prior authorization processes.
    SB2394 Enrolled  - 1855 - LRB104 09208 AMC 19265 b

1   (4) For an insurer that is not a managed care

2 organization, if an insurer determines that benefits are no

3 longer medically necessary, the insurer shall notify the

4 covered person, the covered person's authorized

5 representative, if any, and the covered person's health care

6 provider in writing of the covered person's right to request

7 an external review pursuant to the Health Carrier External

8 Review Act. The notification shall occur within 24 hours

9 following the adverse determination.

10  Pursuant to the requirements of the Health Carrier

11 External Review Act, the covered person or the covered

12 person's authorized representative may request an expedited

13 external review. An expedited external review may not occur if

14 the substance use disorder treatment provider or facility

15 determines that continued treatment is no longer medically

16 necessary.

17  If an expedited external review request meets the criteria

18 of the Health Carrier External Review Act, an independent

19 review organization shall make a final determination of

20 medical necessity within 72 hours. If an independent review

21 organization upholds an adverse determination, an insurer

22 shall remain responsible to provide coverage of benefits

23 through the day following the determination of the independent

24 review organization. A decision to reverse an adverse

25 determination shall comply with the Health Carrier External

26 Review Act.
    SB2394 Enrolled     - 1856 - LRB104 09208 AMC 19265 b

1   (5) The substance use disorder treatment provider or

2 facility shall provide the insurer with 7 business days'

3 advance notice of the planned discharge of the patient from

4 the substance use disorder treatment provider or facility and

5 notice on the day that the patient is discharged from the

6 substance use disorder treatment provider or facility.

7   (6) The benefits required by this subsection shall be

8 provided to all covered persons with a diagnosis of substance

9 use disorder or conditions. The presence of additional related

10 or unrelated diagnoses shall not be a basis to reduce or deny

11 the benefits required by this subsection.

12  (7) Nothing in this subsection shall be construed to

13 require an insurer to provide coverage for any of the benefits

14 in this subsection.

15  (h) As used in this Section:

16  "Generally accepted standards of mental, emotional,

17 nervous, or substance use disorder or condition care" means

18 standards of care and clinical practice that are generally

19 recognized by health care providers practicing in relevant

20 clinical specialties such as psychiatry, psychology, clinical

21 sociology, social work, addiction medicine and counseling, and

22 behavioral health treatment. Valid, evidence-based sources

23 reflecting generally accepted standards of mental, emotional,

24 nervous, or substance use disorder or condition care include

25 peer-reviewed scientific studies and medical literature,

26 recommendations of nonprofit health care provider professional
    SB2394 Enrolled  - 1857 - LRB104 09208 AMC 19265 b

1 associations and specialty societies, including, but not

2 limited to, patient placement criteria and clinical practice

3 guidelines, recommendations of federal government agencies,

4 and drug labeling approved by the United States Food and Drug

5 Administration.

6   "Medically necessary treatment of mental, emotional,

7 nervous, or substance use disorders or conditions" means a

8 service or product addressing the specific needs of that

9 patient, for the purpose of screening, preventing, diagnosing,

10 managing, or treating an illness, injury, or condition or its

11 symptoms and comorbidities, including minimizing the

12 progression of an illness, injury, or condition or its

13 symptoms and comorbidities in a manner that is all of the

14 following:

15  (1) in accordance with the generally accepted

16  standards of mental, emotional, nervous, or substance use

17  disorder or condition care;

18  (2) clinically appropriate in terms of type,

19  frequency, extent, site, and duration; and

20  (3) not primarily for the economic benefit of the

21  insurer, purchaser, or for the convenience of the patient,

22  treating physician, or other health care provider.

23  "Utilization review" means either of the following:

24  (1) prospectively, retrospectively, or concurrently

25  reviewing and approving, modifying, delaying, or denying,

26  based in whole or in part on medical necessity, requests
    SB2394 Enrolled  - 1858 - LRB104 09208 AMC 19265 b

1   by health care providers, insureds, or their authorized

2   representatives for coverage of health care services

3   before, retrospectively, or concurrently with the

4   provision of health care services to insureds.

5   (2) evaluating the medical necessity, appropriateness,

6   level of care, service intensity, efficacy, or efficiency

7   of health care services, benefits, procedures, or

8   settings, under any circumstances, to determine whether a

9   health care service or benefit subject to a medical

10  necessity coverage requirement in an insurance policy is

11  covered as medically necessary for an insured.

12  "Utilization review criteria" means patient placement

13 criteria or any criteria, standards, protocols, or guidelines

14 used by an insurer to conduct utilization review.

15  (i)(1) Every insurer that amends, delivers, issues, or

16 renews a group or individual policy of accident and health

17 insurance or a qualified health plan offered through the

18 health insurance marketplace in this State and Medicaid

19 managed care organizations providing coverage for hospital or

20 medical treatment on or after January 1, 2023 shall, pursuant

21 to subsections (h) through (s), provide coverage for medically

22 necessary treatment of mental, emotional, nervous, or

23 substance use disorders or conditions.

24  (2) An insurer shall not set a specific limit on the

25 duration of benefits or coverage of medically necessary

26 treatment of mental, emotional, nervous, or substance use
   SB2394 Enrolled  - 1859 - LRB104 09208 AMC 19265 b

1 disorders or conditions or limit coverage only to alleviation

2 of the insured's current symptoms.

3  (3) All utilization review conducted by the insurer

4 concerning diagnosis, prevention, and treatment of insureds

5 diagnosed with mental, emotional, nervous, or substance use

6 disorders or conditions shall be conducted in accordance with

7 the requirements of subsections (k) through (w).

8  (4) An insurer that authorizes a specific type of

9 treatment by a provider pursuant to this Section shall not

10 rescind or modify the authorization after that provider

11 renders the health care service in good faith and pursuant to

12 this authorization for any reason, including, but not limited

13 to, the insurer's subsequent cancellation or modification of

14 the insured's or policyholder's contract, or the insured's or

15 policyholder's eligibility. Nothing in this Section shall

16 require the insurer to cover a treatment when the

17 authorization was granted based on a material

18 misrepresentation by the insured, the policyholder, or the

19 provider. Nothing in this Section shall require Medicaid

20 managed care organizations to pay for services if the

21 individual was not eligible for Medicaid at the time the

22 service was rendered. Nothing in this Section shall require an

23 insurer to pay for services if the individual was not the

24 insurer's enrollee at the time services were rendered. As used

25 in this paragraph, "material" means a fact or situation that

26 is not merely technical in nature and results in or could
    SB2394 Enrolled  - 1860 - LRB104 09208 AMC 19265 b

1 result in a substantial change in the situation.

2   (j) An insurer shall not limit benefits or coverage for

3 medically necessary services on the basis that those services

4 should be or could be covered by a public entitlement program,

5 including, but not limited to, special education or an

6 individualized education program, Medicaid, Medicare,

7 Supplemental Security Income, or Social Security Disability

8 Insurance, and shall not include or enforce a contract term

9 that excludes otherwise covered benefits on the basis that

10 those services should be or could be covered by a public

11 entitlement program. Nothing in this subsection shall be

12 construed to require an insurer to cover benefits that have

13 been authorized and provided for a covered person by a public

14 entitlement program. Medicaid managed care organizations are

15 not subject to this subsection.

16  (k) An insurer shall base any medical necessity

17 determination or the utilization review criteria that the

18 insurer, and any entity acting on the insurer's behalf,

19 applies to determine the medical necessity of health care

20 services and benefits for the diagnosis, prevention, and

21 treatment of mental, emotional, nervous, or substance use

22 disorders or conditions on current generally accepted

23 standards of mental, emotional, nervous, or substance use

24 disorder or condition care. All denials and appeals shall be

25 reviewed by a professional with experience or expertise

26 comparable to the provider requesting the authorization.
    SB2394 Enrolled     - 1861 - LRB104 09208 AMC 19265 b

1   (l) In conducting utilization review of all covered health

2 care services for the diagnosis, prevention, and treatment of

3 mental, emotional, and nervous disorders or conditions, an

4 insurer shall apply the criteria and guidelines set forth in

5 the most recent version of the treatment criteria developed by

6 an unaffiliated nonprofit professional association for the

7 relevant clinical specialty or, for Medicaid managed care

8 organizations, criteria and guidelines determined by the

9 Department of Healthcare and Family Services that are

10 consistent with generally accepted standards of mental,

11 emotional, nervous or substance use disorder or condition

12 care. Pursuant to subsection (b), in conducting utilization

13 review of all covered services and benefits for the diagnosis,

14 prevention, and treatment of substance use disorders an

15 insurer shall use the most recent edition of the patient

16 placement criteria established by the American Society of

17 Addiction Medicine.

18  (m) In conducting utilization review relating to level of

19 care placement, continued stay, transfer, discharge, or any

20 other patient care decisions that are within the scope of the

21 sources specified in subsection (l), an insurer shall not

22 apply different, additional, conflicting, or more restrictive

23 utilization review criteria than the criteria set forth in

24 those sources. For all level of care placement decisions, the

25 insurer shall authorize placement at the level of care

26 consistent with the assessment of the insured using the
    SB2394 Enrolled  - 1862 - LRB104 09208 AMC 19265 b

1 relevant patient placement criteria as specified in subsection

2 (l). If that level of placement is not available, the insurer

3 shall authorize the next higher level of care. In the event of

4 disagreement, the insurer shall provide full detail of its

5 assessment using the relevant criteria as specified in

6 subsection (l) to the provider of the service and the patient.

7   If an insurer purchases or licenses utilization review

8 criteria pursuant to this subsection, the insurer shall verify

9 and document before use that the criteria were developed in

10 accordance with subsection (k).

11  (n) In conducting utilization review that is outside the

12 scope of the criteria as specified in subsection (l) or

13 relates to the advancements in technology or in the types or

14 levels of care that are not addressed in the most recent

15 versions of the sources specified in subsection (l), an

16 insurer shall conduct utilization review in accordance with

17 subsection (k).

18  (o) This Section does not in any way limit the rights of a

19 patient under the Medical Patient Rights Act.

20  (p) This Section does not in any way limit early and

21 periodic screening, diagnostic, and treatment benefits as

22 defined under 42 U.S.C. 1396d(r).

23  (q) To ensure the proper use of the criteria described in

24 subsection (l), every insurer shall do all of the following:

25  (1) Educate the insurer's staff, including any third

26  parties contracted with the insurer to review claims,
    SB2394 Enrolled  - 1863 - LRB104 09208 AMC 19265 b

1   conduct utilization reviews, or make medical necessity

2   determinations about the utilization review criteria.

3   (2) Make the educational program available to other

4   stakeholders, including the insurer's participating or

5   contracted providers and potential participants,

6   beneficiaries, or covered lives. The education program

7   must be provided at least once a year, in-person or

8   digitally, or recordings of the education program must be

9   made available to the aforementioned stakeholders.

10  (3) Provide, at no cost, the utilization review

11  criteria and any training material or resources to

12  providers and insured patients upon request. For

13  utilization review criteria not concerning level of care

14  placement, continued stay, transfer, discharge, or other

15  patient care decisions used by the insurer pursuant to

16  subsection (m), the insurer may place the criteria on a

17  secure, password-protected website so long as the access

18  requirements of the website do not unreasonably restrict

19  access to insureds or their providers. No restrictions

20  shall be placed upon the insured's or treating provider's

21  access right to utilization review criteria obtained under

22  this paragraph at any point in time, including before an

23  initial request for authorization.

24  (4) Track, identify, and analyze how the utilization

25  review criteria are used to certify care, deny care, and

26  support the appeals process.
    SB2394 Enrolled  - 1864 - LRB104 09208 AMC 19265 b

1   (5) Conduct interrater reliability testing to ensure

2   consistency in utilization review decision making that

3   covers how medical necessity decisions are made; this

4   assessment shall cover all aspects of utilization review

5   as defined in subsection (h).

6   (6) Run interrater reliability reports about how the

7   clinical guidelines are used in conjunction with the

8   utilization review process and parity compliance

9   activities.

10  (7) Achieve interrater reliability pass rates of at

11  least 90% and, if this threshold is not met, immediately

12  provide for the remediation of poor interrater reliability

13  and interrater reliability testing for all new staff

14  before they can conduct utilization review without

15  supervision.

16  (8) Maintain documentation of interrater reliability

17  testing and the remediation actions taken for those with

18  pass rates lower than 90% and submit to the Department of

19  Insurance or, in the case of Medicaid managed care

20  organizations, the Department of Healthcare and Family

21  Services the testing results and a summary of remedial

22  actions as part of parity compliance reporting set forth

23  in subsection (k) of Section 370c.1.

24  (r) This Section applies to all health care services and

25 benefits for the diagnosis, prevention, and treatment of

26 mental, emotional, nervous, or substance use disorders or
    SB2394 Enrolled    - 1865 - LRB104 09208 AMC 19265 b

1 conditions covered by an insurance policy, including

2 prescription drugs.

3   (s) This Section applies to an insurer that amends,

4 delivers, issues, or renews a group or individual policy of

5 accident and health insurance or a qualified health plan

6 offered through the health insurance marketplace in this State

7 providing coverage for hospital or medical treatment and

8 conducts utilization review as defined in this Section,

9 including Medicaid managed care organizations, and any entity

10 or contracting provider that performs utilization review or

11 utilization management functions on an insurer's behalf.

12  (t) If the Director determines that an insurer has

13 violated this Section, the Director may, after appropriate

14 notice and opportunity for hearing, by order, assess a civil

15 penalty between $1,000 and $5,000 for each violation. Moneys

16 collected from penalties shall be deposited into the Parity

17 Advancement Fund established in subsection (i) of Section

18 370c.1.

19  (u) An insurer shall not adopt, impose, or enforce terms

20 in its policies or provider agreements, in writing or in

21 operation, that undermine, alter, or conflict with the

22 requirements of this Section.

23  (v) The provisions of this Section are severable. If any

24 provision of this Section or its application is held invalid,

25 that invalidity shall not affect other provisions or

26 applications that can be given effect without the invalid
    SB2394 Enrolled          - 1866 - LRB104 09208 AMC 19265 b

1 provision or application.

2   (w) Beginning January 1, 2026, coverage for inpatient

3 mental health treatment at participating hospitals shall

4 comply with the following requirements:

5   (1) Subject to paragraphs (2) and (3) of this

6   subsection, no policy shall require prior authorization

7   for admission for such treatment at any participating

8   hospital.

9   (2) Coverage provided under this subsection also shall

10  not be subject to concurrent review for the first 72

11  hours, provided that the hospital must notify the insurer

12  of both the admission and the initial treatment plan

13  within 48 hours of admission. A discharge plan must be

14  fully developed and continuity services prepared to meet

15  the patient's needs and the patient's community preference

16  upon release. Nothing in this paragraph supersedes a

17  health maintenance organization's referral requirement for

18  services from nonparticipating providers upon a patient's

19  discharge from a hospital.

20  (3) Treatment provided under this subsection may be

21  reviewed retrospectively. If coverage is denied

22  retrospectively, neither the insurer nor the participating

23  hospital shall bill, and the insured shall not be liable,

24  for any treatment under this subsection through the date

25  the adverse determination is issued, other than any

26  copayment, coinsurance, or deductible for the stay through
    SB2394 Enrolled  - 1867 - LRB104 09208 AMC 19265 b

1   that date as applicable under the policy. Coverage shall

2   not be retrospectively denied for the first 72 hours of

3   treatment at a participating hospital except:

4   (A) upon reasonable determination that the

5   inpatient mental health treatment was not provided;

6   (B) upon determination that the patient receiving

7   the treatment was not an insured, enrollee, or

8   beneficiary under the policy;

9   (C) upon material misrepresentation by the patient

10  or health care provider. In this item (C), "material"

11  means a fact or situation that is not merely technical

12  in nature and results or could result in a substantial

13  change in the situation; or

14  (D) upon determination that a service was excluded

15  under the terms of coverage. In that case, the

16  limitation to billing for a copayment, coinsurance, or

17  deductible shall not apply.

18  (4) Nothing in this subsection shall be construed to

19  require a policy to cover any health care service excluded

20  under the terms of coverage.

21  (x) Notwithstanding any provision of this Section, nothing

22 shall require the medical assistance program under Article V

23 of the Illinois Public Aid Code to violate any applicable

24 federal laws, regulations, or grant requirements or any State

25 or federal consent decrees. Nothing in subsection (w) shall

26 prevent the Department of Healthcare and Family Services from
    SB2394 Enrolled       - 1868 - LRB104 09208 AMC 19265 b

1 requiring a health care provider to use specified level of

2 care, admission, continued stay, or discharge criteria,

3 including, but not limited to, those under Section 5-5.23 of

4 the Illinois Public Aid Code, as long as the Department of

5 Healthcare and Family Services does not require a health care

6 provider to seek prior authorization or concurrent review from

7 the Department of Healthcare and Family Services, a Medicaid

8 managed care organization, or a utilization review

9 organization under the circumstances expressly prohibited by

10 subsection (w). Nothing in this Section prohibits a health

11 plan, including a Medicaid managed care organization, from

12 conducting reviews for fraud, waste, or abuse and reporting

13 suspected fraud, waste, or abuse according to State and

14 federal requirements.

15  (y) Children's Mental Health. Nothing in this Section

16 shall suspend the screening and assessment requirements for

17 mental health services for children participating in the

18 State's medical assistance program as required in Section

19 5-5.23 of the Illinois Public Aid Code.

20 (Source: P.A. 102-558, eff. 8-20-21; 102-579, eff. 1-1-22;

21 102-813, eff. 5-13-22; 103-426, eff. 8-4-23; 103-650, eff.

22 1-1-25; 103-1040, eff. 8-9-24; revised 11-26-24.)

23  (215 ILCS 5/408) (from Ch. 73, par. 1020)

24  Sec. 408. Fees and charges.

25  (1) The Director shall charge, collect and give proper
    SB2394 Enrolled         - 1869 - LRB104 09208 AMC 19265 b

1 acquittances for the payment of the following fees and

2 charges:

3   (a) For filing all documents submitted for the

4   incorporation or organization or certification of a

5   domestic company, except for a fraternal benefit society,

6   $2,000.

7   (b) For filing all documents submitted for the

8   incorporation or organization of a fraternal benefit

9   society, $500.

10  (c) For filing amendments to articles of incorporation

11  and amendments to declaration of organization, except for

12  a fraternal benefit society, a mutual benefit association,

13  a burial society or a farm mutual, $200.

14  (d) For filing amendments to articles of incorporation

15  of a fraternal benefit society, a mutual benefit

16  association or a burial society, $100.

17  (e) For filing amendments to articles of incorporation

18  of a farm mutual, $50.

19  (f) For filing bylaws or amendments thereto, $50.

20  (g) For filing agreement of merger or consolidation:

21           (i) for a domestic company, except for a fraternal

22  benefit society, a mutual benefit association, a

23  burial society, or a farm mutual, $2,000.

24           (ii) for a foreign or alien company, except for a

25  fraternal benefit society, $600.

26           (iii) for a fraternal benefit society, a mutual
    SB2394 Enrolled         - 1870 - LRB104 09208 AMC 19265 b

1   benefit association, a burial society, or a farm

2   mutual, $200.

3   (h) For filing agreements of reinsurance by a domestic

4   company, $200.

5   (i) For filing all documents submitted by a foreign or

6   alien company to be admitted to transact business or

7   accredited as a reinsurer in this State, except for a

8   fraternal benefit society, $5,000.

9   (j) For filing all documents submitted by a foreign or

10  alien fraternal benefit society to be admitted to transact

11  business in this State, $500.

12  (k) For filing declaration of withdrawal of a foreign

13  or alien company, $50.

14  (l) For filing annual statement by a domestic company,

15  except a fraternal benefit society, a mutual benefit

16  association, a burial society, or a farm mutual, $200.

17  (m) For filing annual statement by a domestic

18  fraternal benefit society, $100.

19  (n) For filing annual statement by a farm mutual, a

20  mutual benefit association, or a burial society, $50.

21  (o) For issuing a certificate of authority or renewal

22  thereof except to a foreign fraternal benefit society,

23  $400.

24  (p) For issuing a certificate of authority or renewal

25  thereof to a foreign fraternal benefit society, $200.

26  (q) For issuing an amended certificate of authority,
    SB2394 Enrolled   - 1871 - LRB104 09208 AMC 19265 b

1   $50.

2   (r) For each certified copy of certificate of

3   authority, $20.

4   (s) For each certificate of deposit, or valuation, or

5   compliance or surety certificate, $20.

6   (t) For copies of papers or records per page, $1.

7   (u) For each certification to copies of papers or

8   records, $10.

9   (v) For multiple copies of documents or certificates

10  listed in subparagraphs (r), (s), and (u) of paragraph (1)

11  of this Section, $10 for the first copy of a certificate of

12  any type and $5 for each additional copy of the same

13  certificate requested at the same time, unless, pursuant

14  to paragraph (2) of this Section, the Director finds these

15  additional fees excessive.

16  (w) For issuing a permit to sell shares or increase

17  paid-up capital:

18        (i) in connection with a public stock offering,

19  $300;

20        (ii) in any other case, $100.

21  (x) For issuing any other certificate required or

22  permissible under the law, $50.

23  (y) For filing a plan of exchange of the stock of a

24  domestic stock insurance company, a plan of

25  demutualization of a domestic mutual company, or a plan of

26  reorganization under Article XII, $2,000.
    SB2394 Enrolled  - 1872 - LRB104 09208 AMC 19265 b

1   (z) For filing a statement of acquisition of a

2   domestic company as defined in Section 131.4 of this Code,

3   $2,000.

4   (aa) For filing an agreement to purchase the business

5   of an organization authorized under the Dental Service

6   Plan Act or the Voluntary Health Services Plans Act or of a

7   health maintenance organization or a limited health

8   service organization, $2,000.

9   (bb) For filing a statement of acquisition of a

10  foreign or alien insurance company as defined in Section

11  131.12a of this Code, $1,000.

12  (cc) For filing a registration statement as required

13  in Sections 131.13 and 131.14, the notification as

14  required by Sections 131.16, 131.20a, or 141.4, or an

15  agreement or transaction required by Sections 124.2(2),

16  141, 141a, or 141.1, $200.

17  (dd) For filing an application for licensing of:

18           (i) a religious or charitable risk pooling trust

19  or a workers' compensation pool, $1,000;

20           (ii) a workers' compensation service company,

21  $500;

22           (iii) a self-insured automobile fleet, $200; or

23           (iv) a renewal of or amendment of any license

24  issued pursuant to (i), (ii), or (iii) above, $100.

25  (ee) For filing articles of incorporation for a

26  syndicate to engage in the business of insurance through
    SB2394 Enrolled  - 1873 - LRB104 09208 AMC 19265 b

1   the Illinois Insurance Exchange, $2,000.

2   (ff) For filing amended articles of incorporation for

3   a syndicate engaged in the business of insurance through

4   the Illinois Insurance Exchange, $100.

5   (gg) For filing articles of incorporation for a

6   limited syndicate to join with other subscribers or

7   limited syndicates to do business through the Illinois

8   Insurance Exchange, $1,000.

9   (hh) For filing amended articles of incorporation for

10  a limited syndicate to do business through the Illinois

11  Insurance Exchange, $100.

12  (ii) For a permit to solicit subscriptions to a

13  syndicate or limited syndicate, $100.

14  (jj) For the filing of each form as required in

15  Section 143 of this Code, $50 per form. Informational and

16  advertising filings shall be $25 per filing. The fee for

17  advisory and rating organizations shall be $200 per form.

18  (i) For the purposes of the form filing fee,

19  filings made on insert page basis will be considered

20  one form at the time of its original submission.

21  Changes made to a form subsequent to its approval

22  shall be considered a new filing.

23  (ii) Only one fee shall be charged for a form,

24  regardless of the number of other forms or policies

25  with which it will be used.

26  (iii) Fees charged for a policy filed as it will be
    SB2394 Enrolled        - 1874 - LRB104 09208 AMC 19265 b

1   issued regardless of the number of forms comprising

2   that policy shall not exceed $1,500. For advisory or

3   rating organizations, fees charged for a policy filed

4   as it will be issued regardless of the number of forms

5   comprising that policy shall not exceed $2,500.

6   (iv) The Director may by rule exempt forms from

7   such fees.

8   (kk) For filing an application for licensing of a

9   reinsurance intermediary, $500.

10  (ll) For filing an application for renewal of a

11  license of a reinsurance intermediary, $200.

12  (mm) For filing a plan of division of a domestic stock

13  company under Article IIB, $100,000.

14  (nn) For filing all documents submitted by a foreign

15  or alien company to be a certified reinsurer in this

16  State, except for a fraternal benefit society, $1,000.

17  (oo) For filing a renewal by a foreign or alien

18  company to be a certified reinsurer in this State, except

19  for a fraternal benefit society, $400.

20  (pp) For filing all documents submitted by a reinsurer

21  domiciled in a reciprocal jurisdiction, $1,000.

22  (qq) For filing a renewal by a reinsurer domiciled in

23  a reciprocal jurisdiction, $400.

24  (rr) For registering a captive management company or

25  renewal thereof, $50.

26  (ss) For filing an insurance business transfer plan
   SB2394 Enrolled  - 1875 - LRB104 09208 AMC 19265 b

1  under Article XLVII, $100,000.

2  (2) When printed copies or numerous copies of the same

3 paper or records are furnished or certified, the Director may

4 reduce such fees for copies if he finds them excessive. He may,

5 when he considers it in the public interest, furnish without

6 charge to state insurance departments and persons other than

7 companies, copies or certified copies of reports of

8 examinations and of other papers and records.

9  (3)(a) The expenses incurred in any performance

10 examination authorized by law shall be paid by the company or

11 person being examined. The charge shall be consistent with

12 that otherwise authorized by law and shall be reasonably

13 related to the cost of the examination, including, but not

14 limited to, compensation of examiners, electronic data

15 processing costs, supervision and preparation of an

16 examination report, and lodging and travel expenses. All

17 lodging and travel expenses shall be in accord with the

18 applicable travel regulations as published by the Department

19 of Central Management Services and approved by the Governor's

20 Travel Control Board, except that out-of-state lodging and

21 travel expenses related to examinations authorized under

22 Section 132 shall be in accordance with travel rates

23 prescribed under paragraph 301-7.2 of the Federal Travel

24 Regulations, 41 CFR 301-7.2, for reimbursement of subsistence

25 expenses incurred during official travel. All lodging and

26 travel expenses may be reimbursed directly upon authorization
    SB2394 Enrolled            - 1876 - LRB104 09208 AMC 19265 b

1 of the Director. With the exception of the direct

2 reimbursements authorized by the Director, all performance

3 examination charges collected by the Department shall be paid

4 to the Insurance Producer Administration Fund, however, the

5 electronic data processing costs incurred by the Department in

6 the performance of any examination shall be billed directly to

7 the company being examined for payment to the Technology

8 Management Revolving Fund.

9   (b) The costs and fees incurred in a market conduct

10 examination shall be itemized and bills shall be provided to

11 the examinee on a monthly basis for review prior to submission

12 for payment. The Director shall review and affirmatively

13 endorse detailed billings from any contracted, qualified

14 outside professional assistance retained under Section 402 for

15 market conduct examinations before the detailed billings are

16 sent to the examinee. Before any qualified outside

17 professional assistance conducts billable work on an

18 examination, the Department shall disclose to the examinee the

19 terms of the contracts with the qualified outside professional

20 assistance that will be used, including the fees and hourly

21 rates that can be charged.

22  (4) At the time of any service of process on the Director

23 as attorney for such service, the Director shall charge and

24 collect the sum of $40, which may be recovered as taxable costs

25 by the party to the suit or action causing such service to be

26 made if he prevails in such suit or action.
    SB2394 Enrolled  - 1877 - LRB104 09208 AMC 19265 b

1   (5)(a) The costs incurred by the Department of Insurance

2 in conducting any hearing authorized by law shall be assessed

3 against the parties to the hearing in such proportion as the

4 Director of Insurance may determine upon consideration of all

5 relevant circumstances including: (1) the nature of the

6 hearing; (2) whether the hearing was instigated by, or for the

7 benefit of a particular party or parties; (3) whether there is

8 a successful party on the merits of the proceeding; and (4) the

9 relative levels of participation by the parties.

10  (b) For purposes of this subsection (5) costs incurred

11 shall mean the hearing officer fees, court reporter fees, and

12 travel expenses of Department of Insurance officers and

13 employees; provided however, that costs incurred shall not

14 include hearing officer fees or court reporter fees unless the

15 Department has retained the services of independent

16 contractors or outside experts to perform such functions.

17  (c) The Director shall make the assessment of costs

18 incurred as part of the final order or decision arising out of

19 the proceeding; provided, however, that such order or decision

20 shall include findings and conclusions in support of the

21 assessment of costs. This subsection (5) shall not be

22 construed as permitting the payment of travel expenses unless

23 calculated in accordance with the applicable travel

24 regulations of the Department of Central Management Services,

25 as approved by the Governor's Travel Control Board. The

26 Director as part of such order or decision shall require all
    SB2394 Enrolled        - 1878 - LRB104 09208 AMC 19265 b

1 assessments for hearing officer fees and court reporter fees,

2 if any, to be paid directly to the hearing officer or court

3 reporter by the party or parties party(s) assessed for such

4 costs. The assessments for travel expenses of Department

5 officers and employees shall be reimbursable to the Director

6 of Insurance for deposit to the fund out of which those

7 expenses had been paid.

8   (d) The provisions of this subsection (5) shall apply in

9 the case of any hearing conducted by the Director of Insurance

10 not otherwise specifically provided for by law.

11  (6) The Director shall charge and collect an annual

12 financial regulation fee from every domestic company for

13 examination and analysis of its financial condition and to

14 fund the internal costs and expenses of the Interstate

15 Insurance Receivership Commission as may be allocated to the

16 State of Illinois and companies doing an insurance business in

17 this State pursuant to Article X of the Interstate Insurance

18 Receivership Compact. The fee shall be the greater fixed

19 amount based upon the combination of nationwide direct premium

20 income and nationwide reinsurance assumed premium income or

21 upon admitted assets calculated under this subsection as

22 follows:

23  (a) Combination of nationwide direct premium income

24  and nationwide reinsurance assumed premium.

25           (i) $150, if the premium is less than $500,000 and

26  there is no reinsurance assumed premium;
    SB2394 Enrolled    - 1879 - LRB104 09208 AMC 19265 b

1   (ii) $750, if the premium is $500,000 or more, but

2   less than $5,000,000 and there is no reinsurance

3   assumed premium; or if the premium is less than

4   $5,000,000 and the reinsurance assumed premium is less

5   than $10,000,000;

6   (iii) $3,750, if the premium is less than

7   $5,000,000 and the reinsurance assumed premium is

8   $10,000,000 or more;

9   (iv) $7,500, if the premium is $5,000,000 or more,

10  but less than $10,000,000;

11  (v) $18,000, if the premium is $10,000,000 or

12  more, but less than $25,000,000;

13  (vi) $22,500, if the premium is $25,000,000 or

14  more, but less than $50,000,000;

15  (vii) $30,000, if the premium is $50,000,000 or

16  more, but less than $100,000,000;

17  (viii) $37,500, if the premium is $100,000,000 or

18  more.

19  (b) Admitted assets.

20  (i) $150, if admitted assets are less than

21  $1,000,000;

22  (ii) $750, if admitted assets are $1,000,000 or

23  more, but less than $5,000,000;

24  (iii) $3,750, if admitted assets are $5,000,000 or

25  more, but less than $25,000,000;

26  (iv) $7,500, if admitted assets are $25,000,000 or
    SB2394 Enrolled  - 1880 - LRB104 09208 AMC 19265 b

1   more, but less than $50,000,000;

2   (v) $18,000, if admitted assets are $50,000,000 or

3   more, but less than $100,000,000;

4   (vi) $22,500, if admitted assets are $100,000,000

5   or more, but less than $500,000,000;

6   (vii) $30,000, if admitted assets are $500,000,000

7   or more, but less than $1,000,000,000;

8   (viii) $37,500, if admitted assets are

9   $1,000,000,000 or more.

10  (c) The sum of financial regulation fees charged to

11  the domestic companies of the same affiliated group shall

12  not exceed $250,000 in the aggregate in any single year

13  and shall be billed by the Director to the member company

14  designated by the group.

15  (7) The Director shall charge and collect an annual

16 financial regulation fee from every foreign or alien company,

17 except fraternal benefit societies, for the examination and

18 analysis of its financial condition and to fund the internal

19 costs and expenses of the Interstate Insurance Receivership

20 Commission as may be allocated to the State of Illinois and

21 companies doing an insurance business in this State pursuant

22 to Article X of the Interstate Insurance Receivership Compact.

23 The fee shall be a fixed amount based upon Illinois direct

24 premium income and nationwide reinsurance assumed premium

25 income in accordance with the following schedule:

26  (a) $150, if the premium is less than $500,000 and
    SB2394 Enrolled         - 1881 - LRB104 09208 AMC 19265 b

1   there is no reinsurance assumed premium;

2   (b) $750, if the premium is $500,000 or more, but less

3   than $5,000,000 and there is no reinsurance assumed

4   premium; or if the premium is less than $5,000,000 and the

5   reinsurance assumed premium is less than $10,000,000;

6   (c) $3,750, if the premium is less than $5,000,000 and

7   the reinsurance assumed premium is $10,000,000 or more;

8   (d) $7,500, if the premium is $5,000,000 or more, but

9   less than $10,000,000;

10  (e) $18,000, if the premium is $10,000,000 or more,

11  but less than $25,000,000;

12  (f) $22,500, if the premium is $25,000,000 or more,

13  but less than $50,000,000;

14  (g) $30,000, if the premium is $50,000,000 or more,

15  but less than $100,000,000;

16  (h) $37,500, if the premium is $100,000,000 or more.

17  The sum of financial regulation fees under this subsection

18 (7) charged to the foreign or alien companies within the same

19 affiliated group shall not exceed $250,000 in the aggregate in

20 any single year and shall be billed by the Director to the

21 member company designated by the group.

22  (8) Beginning January 1, 1992, the financial regulation

23 fees imposed under subsections (6) and (7) of this Section

24 shall be paid by each company or domestic affiliated group

25 annually. After January 1, 1994, the fee shall be billed by

26 Department invoice based upon the company's premium income or
    SB2394 Enrolled      - 1882 - LRB104 09208 AMC 19265 b

1 admitted assets as shown in its annual statement for the

2 preceding calendar year. The invoice is due upon receipt and

3 must be paid no later than June 30 of each calendar year. All

4 financial regulation fees collected by the Department shall be

5 paid to the Insurance Financial Regulation Fund. The

6 Department may not collect financial examiner per diem charges

7 from companies subject to subsections (6) and (7) of this

8 Section undergoing financial examination after June 30, 1992.

9   (9) In addition to the financial regulation fee required

10 by this Section, a company undergoing any financial

11 examination authorized by law shall pay the following costs

12 and expenses incurred by the Department: electronic data

13 processing costs, the expenses authorized under Section 131.21

14 and subsection (d) of Section 132.4 of this Code, and lodging

15 and travel expenses.

16  Electronic data processing costs incurred by the

17 Department in the performance of any examination shall be

18 billed directly to the company undergoing examination for

19 payment to the Technology Management Revolving Fund. Except

20 for direct reimbursements authorized by the Director or direct

21 payments made under Section 131.21 or subsection (d) of

22 Section 132.4 of this Code, all financial regulation fees and

23 all financial examination charges collected by the Department

24 shall be paid to the Insurance Financial Regulation Fund.

25  All lodging and travel expenses shall be in accordance

26 with applicable travel regulations published by the Department
    SB2394 Enrolled  - 1883 - LRB104 09208 AMC 19265 b

1 of Central Management Services and approved by the Governor's

2 Travel Control Board, except that out-of-state lodging and

3 travel expenses related to examinations authorized under

4 Sections 132.1 through 132.7 shall be in accordance with

5 travel rates prescribed under paragraph 301-7.2 of the Federal

6 Travel Regulations, 41 CFR 301-7.2, for reimbursement of

7 subsistence expenses incurred during official travel. All

8 lodging and travel expenses may be reimbursed directly upon

9 the authorization of the Director.

10  In the case of an organization or person not subject to the

11 financial regulation fee, the expenses incurred in any

12 financial examination authorized by law shall be paid by the

13 organization or person being examined. The charge shall be

14 reasonably related to the cost of the examination including,

15 but not limited to, compensation of examiners and other costs

16 described in this subsection.

17  (10) Any company, person, or entity failing to make any

18 payment of $150 or more as required under this Section shall be

19 subject to the penalty and interest provisions provided for in

20 subsections (4) and (7) of Section 412.

21  (11) Unless otherwise specified, all of the fees collected

22 under this Section shall be paid into the Insurance Financial

23 Regulation Fund.

24  (12) For purposes of this Section:

25  (a) "Domestic company" means a company as defined in

26  Section 2 of this Code which is incorporated or organized
    SB2394 Enrolled      - 1884 - LRB104 09208 AMC 19265 b

1   under the laws of this State, and in addition includes a

2   not-for-profit corporation authorized under the Dental

3   Service Plan Act or the Voluntary Health Services Plans

4   Act, a health maintenance organization, and a limited

5   health service organization.

6   (b) "Foreign company" means a company as defined in

7   Section 2 of this Code which is incorporated or organized

8   under the laws of any state of the United States other than

9   this State and in addition includes a health maintenance

10  organization and a limited health service organization

11  which is incorporated or organized under the laws of any

12  state of the United States other than this State.

13  (c) "Alien company" means a company as defined in

14  Section 2 of this Code which is incorporated or organized

15  under the laws of any country other than the United

16  States.

17  (d) "Fraternal benefit society" means a corporation,

18  society, order, lodge or voluntary association as defined

19  in Section 282.1 of this Code.

20  (e) "Mutual benefit association" means a company,

21  association or corporation authorized by the Director to

22  do business in this State under the provisions of Article

23  XVIII of this Code.

24  (f) "Burial society" means a person, firm,

25  corporation, society or association of individuals

26  authorized by the Director to do business in this State
    SB2394 Enrolled            - 1885 - LRB104 09208 AMC 19265 b

1   under the provisions of Article XIX of this Code.

2   (g) "Farm mutual" means a district, county and

3   township mutual insurance company authorized by the

4   Director to do business in this State under the provisions

5   of the Farm Mutual Insurance Company Act of 1986.

6 (Source: P.A. 102-775, eff. 5-13-22; 103-75, eff. 1-1-25;

7 103-718, eff. 7-19-24; 103-897, eff. 1-1-25; revised

8 11-22-24.)

9   (215 ILCS 5/416)

10  Sec. 416. Illinois Workers' Compensation Commission

11 Operations Fund Surcharge.

12  (a) As of July 30, 2004 (the effective date of Public Act

13 93-840), every company licensed or authorized by the Illinois

14 Department of Insurance and insuring employers' liabilities

15 arising under the Workers' Compensation Act or the Workers'

16 Occupational Diseases Act shall remit to the Director a

17 surcharge based upon the annual direct written premium, as

18 reported under Section 136 of this Act, of the company in the

19 manner provided in this Section. Such proceeds shall be

20 deposited into the Illinois Workers' Compensation Commission

21 Operations Fund as established in the Workers' Compensation

22 Act. If a company survives or was formed by a merger,

23 consolidation, reorganization, or reincorporation, the direct

24 written premiums of all companies party to the merger,

25 consolidation, reorganization, or reincorporation shall, for
   SB2394 Enrolled  - 1886 - LRB104 09208 AMC 19265 b

1 purposes of determining the amount of the fee imposed by this

2 Section, be regarded as those of the surviving or new company.

3  (b) Beginning on July 30, 2004 (the effective date of

4 Public Act 93-840) and on July 1 of each year thereafter

5 through 2023, the Director shall charge an annual Illinois

6 Workers' Compensation Commission Operations Fund Surcharge

7 from every company subject to subsection (a) of this Section

8 equal to 1.01% of its direct written premium for insuring

9 employers' liabilities arising under the Workers' Compensation

10 Act or Workers' Occupational Diseases Act as reported in each

11 company's annual statement filed for the previous year as

12 required by Section 136. Within 15 days after June 5, 2024 (the

13 effective date of Public Act 103-590) this amendatory Act of

14 the 103rd General Assembly and on July 1 of each year

15 thereafter, the Director shall charge an annual Illinois

16 Workers' Compensation Commission Operations Fund Surcharge

17 from every company subject to subsection (a) of this Section

18 equal to 1.092% of its direct written premium for insuring

19 employers' liabilities arising under the Workers' Compensation

20 Act or Workers' Occupational Diseases Act as reported in each

21 company's annual statement filed for the previous year as

22 required by Section 136. The Illinois Workers' Compensation

23 Commission Operations Fund Surcharge shall be collected by

24 companies subject to subsection (a) of this Section as a

25 separately stated surcharge on insured employers at the rate

26 of 1.092% of direct written premium for the surcharge due in
    SB2394 Enrolled  - 1887 - LRB104 09208 AMC 19265 b

1 2024 and each year thereafter. The Illinois Workers'

2 Compensation Commission Operations Fund Surcharge shall not be

3 collected by companies subject to subsection (a) of this

4 Section from any employer that self-insures its liabilities

5 arising under the Workers' Compensation Act or Workers'

6 Occupational Diseases Act, provided that the employer has paid

7 the Illinois Workers' Compensation Commission Operations Fund

8 Fee pursuant to Section 4d of the Workers' Compensation Act.

9 All sums collected by the Department of Insurance under the

10 provisions of this Section shall be paid promptly after the

11 receipt of the same, accompanied by a detailed statement

12 thereof, into the Illinois Workers' Compensation Commission

13 Operations Fund in the State treasury.

14  (b)(2) (Blank).

15  (c) In addition to the authority specifically granted

16 under Article XXV of this Code, the Director shall have such

17 authority to adopt rules or establish forms as may be

18 reasonably necessary for purposes of enforcing this Section.

19 The Director shall also have authority to defer, waive, or

20 abate the surcharge or any penalties imposed by this Section

21 if in the Director's opinion the company's solvency and

22 ability to meet its insured obligations would be immediately

23 threatened by payment of the surcharge due.

24  (d) When a company fails to pay the full amount of any

25 annual Illinois Workers' Compensation Commission Operations

26 Fund Surcharge of $100 or more due under this Section, there
    SB2394 Enrolled            - 1888 - LRB104 09208 AMC 19265 b

1 shall be added to the amount due as a penalty an amount equal

2 to 10% of the deficiency for each month or part of a month that

3 the deficiency remains unpaid.

4   (e) The Department of Insurance may enforce the collection

5 of any delinquent payment, penalty, or portion thereof by

6 legal action or in any other manner by which the collection of

7 debts due the State of Illinois may be enforced under the laws

8 of this State.

9   (f) Whenever it appears to the satisfaction of the

10 Director that a company has paid pursuant to this Act an

11 Illinois Workers' Compensation Commission Operations Fund

12 Surcharge in an amount in excess of the amount legally

13 collectable from the company, the Director shall issue a

14 credit memorandum for an amount equal to the amount of such

15 overpayment. A credit memorandum may be applied for the 2-year

16 period from the date of issuance, against the payment of any

17 amount due during that period under the surcharge imposed by

18 this Section or, subject to reasonable rule of the Department

19 of Insurance including requirement of notification, may be

20 assigned to any other company subject to regulation under this

21 Act. Any application of credit memoranda after the period

22 provided for in this Section is void.

23  (g) Annually, the Governor may direct a transfer of up to

24 2% of all moneys collected under this Section to the Insurance

25 Financial Regulation Fund.

26 (Source: P.A. 102-775, eff. 5-13-22; 103-590, eff. 6-5-24;
         SB2394 Enrolled   - 1889 - LRB104 09208 AMC 19265 b
1 revised 7-31-24.)

2   (215 ILCS 5/500-35)

3   (Section scheduled to be repealed on January 1, 2027)

4   Sec. 500-35. License.

5   (a) Unless denied a license pursuant to Section 500-70,

6 persons who have met the requirements of Sections 500-25 and

7 500-30 shall be issued a 2-year insurance producer license. An

8 insurance producer may receive qualification for a license in

9 one or more of the following lines of authority:

10  (1) Life: insurance coverage on human lives including

11  benefits of endowment and annuities, and may include

12  benefits in the event of death or dismemberment by

13  accident and benefits for disability income.

14  (2) Variable life and variable annuity products:

15  insurance coverage provided under variable life insurance

16  contracts and variable annuities.

17  (3) Accident and health or sickness: insurance

18  coverage for sickness, bodily injury, or accidental death

19  and may include benefits for disability income.

20  (4) Property: insurance coverage for the direct or

21  consequential loss or damage to property of every kind.

22  (5) Casualty: insurance coverage against legal

23  liability, including that for death, injury, or disability

24  or damage to real or personal property.

25  (6) Personal lines: property and casualty insurance
    SB2394 Enrolled          - 1890 - LRB104 09208 AMC 19265 b

1   coverage sold to individuals and families for primarily

2   noncommercial purposes.

3   (7) Any other line of insurance permitted under State

4   laws or rules.

5   (b) An insurance producer license shall remain in effect

6 unless revoked or suspended as long as the fee set forth in

7 Section 500-135 is paid and education requirements for

8 resident individual producers are met by the due date.

9   (1) Before each license renewal, an insurance producer

10  must satisfactorily complete at least 24 hours of course

11  study or participation in a professional insurance

12  association under paragraph (3) of this subsection in

13  accordance with rules prescribed by the Director. Three of

14  the 24 hours of course study must consist of classroom or

15  webinar ethics instruction. The Director may not approve a

16  course of study unless the course provides for classroom,

17  seminar, webinar, or self-study instruction methods. A

18  course given in a combination instruction method of

19  classroom, seminar, webinar, or self-study shall be deemed

20  to be a self-study course unless the number of classroom,

21  seminar, or webinar certified hours meets or exceeds

22  two-thirds of total hours certified for the course. The

23  self-study material used in the combination course must be

24  directly related to and complement the classroom portion

25  of the course in order to be considered for credit. An

26  instruction method other than classroom or seminar shall
    SB2394 Enrolled  - 1891 - LRB104 09208 AMC 19265 b

1   be considered as self-study methodology. Self-study credit

2   hours require the successful completion of an examination

3   covering the self-study material. The examination may not

4   be self-evaluated. However, if the self-study material is

5   completed through the use of an approved computerized

6   interactive format whereby the computer validates the

7   successful completion of the self-study material, no

8   additional examination is required. The self-study credit

9   hours contained in a certified course shall be considered

10  classroom hours when at least two-thirds of the hours are

11  given as classroom or seminar instruction.

12  (2) An insurance producer license automatically

13  terminates when an insurance producer fails to

14  successfully meet the requirements of paragraph item (1)

15  of this subsection (b) of this Section. The producer must

16  complete the course in advance of the renewal date to

17  allow the education provider time to report the credit to

18  the Department.

19  (3) An insurance producer's active participation in a

20  State or national professional insurance association may

21  be approved by the Director for up to 4 hours of continuing

22  education credit per biennial reporting period. Credit

23  shall be provided on an hour-for-hour basis. These hours

24  shall be verified and submitted by the association on

25  behalf of the insurance producer and credited upon timely

26  filing with the Director or his or her designee on a
    SB2394 Enrolled     - 1892 - LRB104 09208 AMC 19265 b

1   biennial basis. Any association submitting continuing

2   education credit hours on behalf of insurance producers

3   must be registered as an education provider under Section

4   500-135. Credit granted under these provisions shall not

5   be used to satisfy ethics education requirements. Active

6   participation in a State or national professional

7   insurance association is defined by one of the following

8   methods:

9   (A) service on a board of directors of a State or

10  national chapter of the association;

11  (B) service on a formal committee of a State or

12  national chapter of the association; or

13  (C) service on a formal subcommittee or task force

14  of a State or national chapter of the association.

15  (c) A provider of a pre-licensing or continuing education

16 course required by Section 500-30 and this Section must pay a

17 registration fee and a course certification fee for each

18 course being certified as provided by Section 500-135.

19  (d) An individual insurance producer who allows his or her

20 license to lapse may, within 12 months after the due date of

21 the renewal fee, be issued a license without the necessity of

22 passing a written examination. However, a penalty in the

23 amount of double the unpaid renewal fee shall be required

24 after the due date.

25  (e) A licensed insurance producer who is unable to comply

26 with license renewal procedures due to military service may
    SB2394 Enrolled       - 1893 - LRB104 09208 AMC 19265 b

1 request a waiver of those procedures.

2   (f) The license must contain the licensee's name, address,

3 and personal identification number, the date of issuance, the

4 lines of authority, the expiration date, and any other

5 information the Director deems necessary.

6   (g) Licensees must inform the Director by any means

7 acceptable to the Director of a change of address within 30

8 days after the change.

9   (h) In order to assist in the performance of the

10 Director's duties, the Director may contract with a

11 non-governmental entity including the National Association of

12 Insurance Commissioners (NAIC), or any affiliates or

13 subsidiaries that the NAIC oversees, to perform any

14 ministerial functions, including collection of fees, related

15 to producer licensing that the Director and the

16 non-governmental entity may deem appropriate.

17 (Source: P.A. 102-766, eff. 1-1-23; revised 10-23-24.)

18  (215 ILCS 5/511.109) (from Ch. 73, par. 1065.58-109)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 511.109. Examination. (a) The Director or the

21 Director's designee may examine any applicant for or holder of

22 an administrator's license in accordance with Sections 132

23 through 132.7. If the Director or the examiners find that the

24 administrator has violated this Article or any other

25 insurance-related laws, rules, or regulations under the
    SB2394 Enrolled  - 1894 - LRB104 09208 AMC 19265 b

 1 Director's jurisdiction because of the manner in which the
 2 administrator has conducted business on behalf of an insurer
 3 or plan sponsor, then, unless the insurer or plan sponsor is
 4 included in the examination and has been afforded the same
 5 opportunity to request or participate in a hearing on the
 6 examination report, the examination report shall not allege a
 7 violation by the insurer or plan sponsor and the Director's
 8 order based on the report shall not impose any requirements,
 9 prohibitions, or penalties on the insurer or plan sponsor.
10 Nothing in this Section shall prevent the Director from using
11 any information obtained during the examination of an
12 administrator to examine, investigate, or take other
13 appropriate regulatory or legal action with respect to an
14 insurer or plan sponsor.
15 (Source: P.A. 103-897, eff. 1-1-25; revised 11-22-24.)

16  (215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3)

17  Sec. 534.3. Covered claim; unearned premium defined.

18  (a) "Covered claim" means an unpaid claim for a loss

19 arising out of and within the coverage of an insurance policy

20 to which this Article applies and which is in force at the time

21 of the occurrence giving rise to the unpaid claim, including

22 claims presented during any extended discovery period which

23 was purchased from the company before the entry of a

24 liquidation order or which is purchased or obtained from the

25 liquidator after the entry of a liquidation order, made by a
    SB2394 Enrolled       - 1895 - LRB104 09208 AMC 19265 b

1 person insured under such policy or by a person suffering

2 injury or damage for which a person insured under such policy

3 is legally liable, and for unearned premium, if:

4        (i) The company issuing, assuming, or being allocated

5   the policy becomes an insolvent company as defined in

6   Section 534.4 after the effective date of this Article;

7   and

8        (ii) The claimant or insured is a resident of this

9   State at the time of the insured occurrence, or the

10  property from which a first-party first party claim for

11  damage to property arises is permanently located in this

12  State or, in the case of an unearned premium claim, the

13  policyholder is a resident of this State at the time the

14  policy was issued; provided, that for entities other than

15  an individual, the residence of a claimant, insured, or

16  policyholder is the state in which its principal place of

17  business is located at the time of the insured event.

18  (b) "Covered claim" does not include:

19       (i) any amount in excess of the applicable limits of

20  liability provided by an insurance policy to which this

21  Article applies; nor

22       (ii) any claim for punitive or exemplary damages or

23  fines and penalties paid to government authorities; nor

24       (iii) any first-party first party claim by an insured

25  who is an affiliate of the insolvent company; nor

26       (iv) any first-party first party or third-party third
    SB2394 Enrolled  - 1896 - LRB104 09208 AMC 19265 b

1   party claim by or against an insured whose net worth on

2   December 31 of the year next preceding the date the

3   insurer becomes an insolvent insurer exceeds $25,000,000;

4   provided that an insured's net worth on such date shall be

5   deemed to include the aggregate net worth of the insured

6   and all of its affiliates as calculated on a consolidated

7   basis. However, this exclusion shall not apply to

8   third-party third party claims against the insured where

9   the insured has applied for or consented to the

10  appointment of a receiver, trustee, or liquidator for all

11  or a substantial part of its assets, filed a voluntary

12  petition in bankruptcy, filed a petition or an answer

13  seeking a reorganization or arrangement with creditors or

14  to take advantage of any insolvency law, or if an order,

15  judgment, or decree is entered by a court of competent

16  jurisdiction, on the application of a creditor,

17  adjudicating the insured bankrupt or insolvent or

18  approving a petition seeking reorganization of the insured

19  or of all or substantial part of its assets; nor

20  (v) any claim for any amount due any reinsurer,

21  insurer, insurance pool, or underwriting association as

22  subrogated recoveries, reinsurance recoverables,

23  contribution, indemnification or otherwise. No such claim

24  held by a reinsurer, insurer, insurance pool, or

25  underwriting association may be asserted in any legal

26  action against a person insured under a policy issued by
    SB2394 Enrolled   - 1897 - LRB104 09208 AMC 19265 b

1   an insolvent company other than to the extent such claim

2   exceeds the Fund obligation limitations set forth in

3   Section 537.2 of this Code.

4   (c) "Unearned Premium" means the premium for the unexpired

5 period of a policy which has been terminated prior to the

6 expiration of the period for which premium has been paid and

7 does not mean premium which is returnable to the insured for

8 any other reason.

9 (Source: P.A. 101-60, eff. 7-12-19; 102-558, eff. 8-20-21;

10 revised 7-23-24.)

11  Section 760. The Network Adequacy and Transparency Act is

12 amended by changing Section 3 as follows:

13  (215 ILCS 124/3)

14  Sec. 3. Applicability of Act. This Act applies to an

15 individual or group policy of health insurance coverage with a

16 network plan amended, delivered, issued, or renewed in this

17 State on or after January 1, 2019. This Act does not apply to

18 an individual or group policy for excepted benefits or

19 short-term, limited-duration health insurance coverage with a

20 network plan, except to the extent that federal law

21 establishes network adequacy and transparency standards for

22 stand-alone dental plans, which the Department shall enforce

23 for plans amended, delivered, issued, or renewed on or after

24 January 1, 2025.
   SB2394 Enrolled  - 1898 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-650, eff. 1-1-25; 103-777, eff. 1-1-25;
2 revised 11-26-24.)

3  Section 765. The Health Maintenance Organization Act is

4 amended by changing Section 5-3 as follows:

5  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

6  (Text of Section before amendment by P.A. 103-808)

7  Sec. 5-3. Insurance Code provisions.

8  (a) Health Maintenance Organizations shall be subject to

9 the provisions of Sections 133, 134, 136, 137, 139, 140,

10 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

11 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

12 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

13 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

14 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,

15 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,

16 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

17 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

18 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

19 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

20 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

21 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

22 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

23 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77,

24 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
    SB2394 Enrolled  - 1899 - LRB104 09208 AMC 19265 b

1 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,

2 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection

3 (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,

4 XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois

5 Insurance Code.

6   (b) For purposes of the Illinois Insurance Code, except

7 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

8 Health Maintenance Organizations in the following categories

9 are deemed to be "domestic companies":

10  (1) a corporation authorized under the Dental Service

11  Plan Act or the Voluntary Health Services Plans Act;

12  (2) a corporation organized under the laws of this

13  State; or

14  (3) a corporation organized under the laws of another

15  state, 30% or more of the enrollees of which are residents

16  of this State, except a corporation subject to

17  substantially the same requirements in its state of

18  organization as is a "domestic company" under Article VIII

19  1/2 of the Illinois Insurance Code.

20  (c) In considering the merger, consolidation, or other

21 acquisition of control of a Health Maintenance Organization

22 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

23  (1) the Director shall give primary consideration to

24  the continuation of benefits to enrollees and the

25  financial conditions of the acquired Health Maintenance

26  Organization after the merger, consolidation, or other
    SB2394 Enrolled         - 1900 - LRB104 09208 AMC 19265 b

1   acquisition of control takes effect;

2   (2)(i) the criteria specified in subsection (1)(b) of

3   Section 131.8 of the Illinois Insurance Code shall not

4   apply and (ii) the Director, in making his determination

5   with respect to the merger, consolidation, or other

6   acquisition of control, need not take into account the

7   effect on competition of the merger, consolidation, or

8   other acquisition of control;

9   (3) the Director shall have the power to require the

10  following information:

11  (A) certification by an independent actuary of the

12  adequacy of the reserves of the Health Maintenance

13  Organization sought to be acquired;

14  (B) pro forma financial statements reflecting the

15  combined balance sheets of the acquiring company and

16  the Health Maintenance Organization sought to be

17  acquired as of the end of the preceding year and as of

18  a date 90 days prior to the acquisition, as well as pro

19  forma financial statements reflecting projected

20  combined operation for a period of 2 years;

21  (C) a pro forma business plan detailing an

22  acquiring party's plans with respect to the operation

23  of the Health Maintenance Organization sought to be

24  acquired for a period of not less than 3 years; and

25  (D) such other information as the Director shall

26  require.
    SB2394 Enrolled           - 1901 - LRB104 09208 AMC 19265 b

1   (d) The provisions of Article VIII 1/2 of the Illinois

2 Insurance Code and this Section 5-3 shall apply to the sale by

3 any health maintenance organization of greater than 10% of its

4 enrollee population (including, without limitation, the health

5 maintenance organization's right, title, and interest in and

6 to its health care certificates).

7   (e) In considering any management contract or service

8 agreement subject to Section 141.1 of the Illinois Insurance

9 Code, the Director (i) shall, in addition to the criteria

10 specified in Section 141.2 of the Illinois Insurance Code,

11 take into account the effect of the management contract or

12 service agreement on the continuation of benefits to enrollees

13 and the financial condition of the health maintenance

14 organization to be managed or serviced, and (ii) need not take

15 into account the effect of the management contract or service

16 agreement on competition.

17  (f) Except for small employer groups as defined in the

18 Small Employer Rating, Renewability and Portability Health

19 Insurance Act and except for medicare supplement policies as

20 defined in Section 363 of the Illinois Insurance Code, a

21 Health Maintenance Organization may by contract agree with a

22 group or other enrollment unit to effect refunds or charge

23 additional premiums under the following terms and conditions:

24  (i) the amount of, and other terms and conditions with

25  respect to, the refund or additional premium are set forth

26  in the group or enrollment unit contract agreed in advance
    SB2394 Enrolled  - 1902 - LRB104 09208 AMC 19265 b

1   of the period for which a refund is to be paid or

2   additional premium is to be charged (which period shall

3   not be less than one year); and

4   (ii) the amount of the refund or additional premium

5   shall not exceed 20% of the Health Maintenance

6   Organization's profitable or unprofitable experience with

7   respect to the group or other enrollment unit for the

8   period (and, for purposes of a refund or additional

9   premium, the profitable or unprofitable experience shall

10  be calculated taking into account a pro rata share of the

11  Health Maintenance Organization's administrative and

12  marketing expenses, but shall not include any refund to be

13  made or additional premium to be paid pursuant to this

14  subsection (f)). The Health Maintenance Organization and

15  the group or enrollment unit may agree that the profitable

16  or unprofitable experience may be calculated taking into

17  account the refund period and the immediately preceding 2

18  plan years.

19  The Health Maintenance Organization shall include a

20 statement in the evidence of coverage issued to each enrollee

21 describing the possibility of a refund or additional premium,

22 and upon request of any group or enrollment unit, provide to

23 the group or enrollment unit a description of the method used

24 to calculate (1) the Health Maintenance Organization's

25 profitable experience with respect to the group or enrollment

26 unit and the resulting refund to the group or enrollment unit
   SB2394 Enrolled  - 1903 - LRB104 09208 AMC 19265 b

1 or (2) the Health Maintenance Organization's unprofitable

2 experience with respect to the group or enrollment unit and

3 the resulting additional premium to be paid by the group or

4 enrollment unit.

5  In no event shall the Illinois Health Maintenance

6 Organization Guaranty Association be liable to pay any

7 contractual obligation of an insolvent organization to pay any

8 refund authorized under this Section.

9  (g) Rulemaking authority to implement Public Act 95-1045,

10 if any, is conditioned on the rules being adopted in

11 accordance with all provisions of the Illinois Administrative

12 Procedure Act and all rules and procedures of the Joint

13 Committee on Administrative Rules; any purported rule not so

14 adopted, for whatever reason, is unauthorized.

15 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

16 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

17 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

18 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

19 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

20 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

21 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

22 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

23 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

24 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;

25 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

26 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
   SB2394 Enrolled  - 1904 - LRB104 09208 AMC 19265 b

1 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
2 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
3 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)

4  (Text of Section after amendment by P.A. 103-808)

5  Sec. 5-3. Insurance Code provisions.

6  (a) Health Maintenance Organizations shall be subject to

7 the provisions of Sections 133, 134, 136, 137, 139, 140,

8 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

9 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

10 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,

11 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

12 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

13 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

14 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

15 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

16 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

17 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

18 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

19 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

20 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

21 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

22 356z.77, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

23 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

24 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

25 subsection (2) of Section 367, and Articles IIA, VIII 1/2,
    SB2394 Enrolled         - 1905 - LRB104 09208 AMC 19265 b

1 XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

2 Illinois Insurance Code.

3   (b) For purposes of the Illinois Insurance Code, except

4 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

5 Health Maintenance Organizations in the following categories

6 are deemed to be "domestic companies":

7   (1) a corporation authorized under the Dental Service

8   Plan Act or the Voluntary Health Services Plans Act;

9   (2) a corporation organized under the laws of this

10  State; or

11  (3) a corporation organized under the laws of another

12  state, 30% or more of the enrollees of which are residents

13  of this State, except a corporation subject to

14  substantially the same requirements in its state of

15  organization as is a "domestic company" under Article VIII

16  1/2 of the Illinois Insurance Code.

17  (c) In considering the merger, consolidation, or other

18 acquisition of control of a Health Maintenance Organization

19 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

20  (1) the Director shall give primary consideration to

21  the continuation of benefits to enrollees and the

22  financial conditions of the acquired Health Maintenance

23  Organization after the merger, consolidation, or other

24  acquisition of control takes effect;

25  (2)(i) the criteria specified in subsection (1)(b) of

26  Section 131.8 of the Illinois Insurance Code shall not
    SB2394 Enrolled         - 1906 - LRB104 09208 AMC 19265 b

1   apply and (ii) the Director, in making his determination

2   with respect to the merger, consolidation, or other

3   acquisition of control, need not take into account the

4   effect on competition of the merger, consolidation, or

5   other acquisition of control;

6   (3) the Director shall have the power to require the

7   following information:

8   (A) certification by an independent actuary of the

9   adequacy of the reserves of the Health Maintenance

10  Organization sought to be acquired;

11  (B) pro forma financial statements reflecting the

12  combined balance sheets of the acquiring company and

13  the Health Maintenance Organization sought to be

14  acquired as of the end of the preceding year and as of

15  a date 90 days prior to the acquisition, as well as pro

16  forma financial statements reflecting projected

17  combined operation for a period of 2 years;

18  (C) a pro forma business plan detailing an

19  acquiring party's plans with respect to the operation

20  of the Health Maintenance Organization sought to be

21  acquired for a period of not less than 3 years; and

22  (D) such other information as the Director shall

23  require.

24  (d) The provisions of Article VIII 1/2 of the Illinois

25 Insurance Code and this Section 5-3 shall apply to the sale by

26 any health maintenance organization of greater than 10% of its
    SB2394 Enrolled           - 1907 - LRB104 09208 AMC 19265 b

1 enrollee population (including, without limitation, the health

2 maintenance organization's right, title, and interest in and

3 to its health care certificates).

4   (e) In considering any management contract or service

5 agreement subject to Section 141.1 of the Illinois Insurance

6 Code, the Director (i) shall, in addition to the criteria

7 specified in Section 141.2 of the Illinois Insurance Code,

8 take into account the effect of the management contract or

9 service agreement on the continuation of benefits to enrollees

10 and the financial condition of the health maintenance

11 organization to be managed or serviced, and (ii) need not take

12 into account the effect of the management contract or service

13 agreement on competition.

14  (f) Except for small employer groups as defined in the

15 Small Employer Rating, Renewability and Portability Health

16 Insurance Act and except for medicare supplement policies as

17 defined in Section 363 of the Illinois Insurance Code, a

18 Health Maintenance Organization may by contract agree with a

19 group or other enrollment unit to effect refunds or charge

20 additional premiums under the following terms and conditions:

21  (i) the amount of, and other terms and conditions with

22  respect to, the refund or additional premium are set forth

23  in the group or enrollment unit contract agreed in advance

24  of the period for which a refund is to be paid or

25  additional premium is to be charged (which period shall

26  not be less than one year); and
    SB2394 Enrolled  - 1908 - LRB104 09208 AMC 19265 b

1   (ii) the amount of the refund or additional premium

2   shall not exceed 20% of the Health Maintenance

3   Organization's profitable or unprofitable experience with

4   respect to the group or other enrollment unit for the

5   period (and, for purposes of a refund or additional

6   premium, the profitable or unprofitable experience shall

7   be calculated taking into account a pro rata share of the

8   Health Maintenance Organization's administrative and

9   marketing expenses, but shall not include any refund to be

10  made or additional premium to be paid pursuant to this

11  subsection (f)). The Health Maintenance Organization and

12  the group or enrollment unit may agree that the profitable

13  or unprofitable experience may be calculated taking into

14  account the refund period and the immediately preceding 2

15  plan years.

16  The Health Maintenance Organization shall include a

17 statement in the evidence of coverage issued to each enrollee

18 describing the possibility of a refund or additional premium,

19 and upon request of any group or enrollment unit, provide to

20 the group or enrollment unit a description of the method used

21 to calculate (1) the Health Maintenance Organization's

22 profitable experience with respect to the group or enrollment

23 unit and the resulting refund to the group or enrollment unit

24 or (2) the Health Maintenance Organization's unprofitable

25 experience with respect to the group or enrollment unit and

26 the resulting additional premium to be paid by the group or
   SB2394 Enrolled  - 1909 - LRB104 09208 AMC 19265 b

1 enrollment unit.

2  In no event shall the Illinois Health Maintenance

3 Organization Guaranty Association be liable to pay any

4 contractual obligation of an insolvent organization to pay any

5 refund authorized under this Section.

6  (g) Rulemaking authority to implement Public Act 95-1045,

7 if any, is conditioned on the rules being adopted in

8 accordance with all provisions of the Illinois Administrative

9 Procedure Act and all rules and procedures of the Joint

10 Committee on Administrative Rules; any purported rule not so

11 adopted, for whatever reason, is unauthorized.

12 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

13 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

14 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

15 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

16 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

17 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

18 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

19 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

20 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

21 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;

22 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

23 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,

24 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;

25 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.

26 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised
         SB2394 Enrolled  - 1910 - LRB104 09208 AMC 19265 b
1 11-26-24.)

2   Section 770. The Limited Health Service Organization Act

3 is amended by changing Section 4003 as follows:

4   (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

5   Sec. 4003. Illinois Insurance Code provisions. Limited

6 health service organizations shall be subject to the

7 provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

8 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,

9 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,

10 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,

11 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,

12 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

13 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,

14 356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403,

15 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA,

16 VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the

17 Illinois Insurance Code. Nothing in this Section shall require

18 a limited health care plan to cover any service that is not a

19 limited health service. For purposes of the Illinois Insurance

20 Code, except for Sections 444 and 444.1 and Articles XIII and

21 XIII 1/2, limited health service organizations in the

22 following categories are deemed to be domestic companies:

23  (1) a corporation under the laws of this State; or

24  (2) a corporation organized under the laws of another
    SB2394 Enrolled    - 1911 - LRB104 09208 AMC 19265 b

1   state, 30% or more of the enrollees of which are residents

2   of this State, except a corporation subject to

3   substantially the same requirements in its state of

4   organization as is a domestic company under Article VIII

5   1/2 of the Illinois Insurance Code.

6 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

7 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

8 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

9 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

10 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

11 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

12 eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25;

13 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.

14 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832,

15 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

16  Section 775. The Managed Care Reform and Patient Rights

17 Act is amended by changing Section 10 as follows:

18  (215 ILCS 134/10)

19  Sec. 10. Definitions. In this Act:

20  For a health care plan under Section 45 or for a

21 utilization review program under Section 85, "adverse

22 determination" has the meaning given to that term in Section

23 10 of the Health Carrier External Review Act.

24  "Clinical peer" means a health care professional who is in
    SB2394 Enrolled  - 1912 - LRB104 09208 AMC 19265 b

1 the same profession and the same or similar specialty as the

2 health care provider who typically manages the medical

3 condition, procedures, or treatment under review.

4   "Department" means the Department of Insurance.

5   "Emergency medical condition" means a medical condition

6 manifesting itself by acute symptoms of sufficient severity,

7 regardless of the final diagnosis given, such that a prudent

8 layperson, who possesses an average knowledge of health and

9 medicine, could reasonably expect the absence of immediate

10 medical attention to result in:

11  (1) placing the health of the individual (or, with

12  respect to a pregnant woman, the health of the woman or her

13  unborn child) in serious jeopardy;

14  (2) serious impairment to bodily functions;

15  (3) serious dysfunction of any bodily organ or part;

16  (4) inadequately controlled pain; or

17  (5) with respect to a pregnant woman who is having

18  contractions:

19  (A) inadequate time to complete a safe transfer to

20  another hospital before delivery; or

21  (B) a transfer to another hospital may pose a

22  threat to the health or safety of the woman or unborn

23  child.

24  "Emergency medical screening examination" means a medical

25 screening examination and evaluation by a physician licensed

26 to practice medicine in all its branches, or to the extent
    SB2394 Enrolled  - 1913 - LRB104 09208 AMC 19265 b

1 permitted by applicable laws, by other appropriately licensed

2 personnel under the supervision of or in collaboration with a

3 physician licensed to practice medicine in all its branches to

4 determine whether the need for emergency services exists.

5   "Emergency services" means, with respect to an enrollee of

6 a health care plan, transportation services, including but not

7 limited to ambulance services, and covered inpatient and

8 outpatient hospital services furnished by a provider qualified

9 to furnish those services that are needed to evaluate or

10 stabilize an emergency medical condition. "Emergency services"

11 does not refer to post-stabilization medical services.

12  "Enrollee" means any person and his or her dependents

13 enrolled in or covered by a health care plan.

14  "Generally accepted standards of care" means standards of

15 care and clinical practice that are generally recognized by

16 health care providers practicing in relevant clinical

17 specialties for the illness, injury, or condition or its

18 symptoms and comorbidities. Valid, evidence-based sources

19 reflecting generally accepted standards of care include

20 peer-reviewed scientific studies and medical literature,

21 recommendations of nonprofit health care provider professional

22 associations and specialty societies, including, but not

23 limited to, patient placement criteria and clinical practice

24 guidelines, recommendations of federal government agencies,

25 and drug labeling approved by the United States Food and Drug

26 Administration.
    SB2394 Enrolled            - 1914 - LRB104 09208 AMC 19265 b

1   "Health care plan" means a plan, including, but not

2 limited to, a health maintenance organization, a managed care

3 community network as defined in the Illinois Public Aid Code,

4 or an accountable care entity as defined in the Illinois

5 Public Aid Code that receives capitated payments to cover

6 medical services from the Department of Healthcare and Family

7 Services, that establishes, operates, or maintains a network

8 of health care providers that has entered into an agreement

9 with the plan to provide health care services to enrollees to

10 whom the plan has the ultimate obligation to arrange for the

11 provision of or payment for services through organizational

12 arrangements for ongoing quality assurance, utilization review

13 programs, or dispute resolution. Nothing in this definition

14 shall be construed to mean that an independent practice

15 association or a physician hospital organization that

16 subcontracts with a health care plan is, for purposes of that

17 subcontract, a health care plan.

18  For purposes of this definition, "health care plan" shall

19 not include the following:

20  (1) indemnity health insurance policies including

21  those using a contracted provider network;

22  (2) health care plans that offer only dental or only

23  vision coverage;

24  (3) preferred provider administrators, as defined in

25  Section 370g(g) of the Illinois Insurance Code;

26  (4) employee or employer self-insured health benefit
    SB2394 Enrolled        - 1915 - LRB104 09208 AMC 19265 b

1   plans under the federal Employee Retirement Income

2   Security Act of 1974;

3   (5) health care provided pursuant to the Workers'

4   Compensation Act or the Workers' Occupational Diseases

5   Act; and

6   (6) except with respect to subsections (a) and (b) of

7   Section 65 and subsection (a-5) of Section 70,

8   not-for-profit voluntary health services plans with health

9   maintenance organization authority in existence as of

10  January 1, 1999 that are affiliated with a union and that

11  only extend coverage to union members and their

12  dependents.

13  "Health care professional" means a physician, a registered

14 professional nurse, or other individual appropriately licensed

15 or registered to provide health care services.

16  "Health care provider" means any physician, hospital

17 facility, facility licensed under the Nursing Home Care Act,

18 long-term care facility as defined in Section 1-113 of the

19 Nursing Home Care Act, or other person that is licensed or

20 otherwise authorized to deliver health care services. Nothing

21 in this Act shall be construed to define Independent Practice

22 Associations or Physician-Hospital Organizations as health

23 care providers.

24  "Health care services" means any services included in the

25 furnishing to any individual of medical care, or the

26 hospitalization incident to the furnishing of such care, as
    SB2394 Enrolled       - 1916 - LRB104 09208 AMC 19265 b

1 well as the furnishing to any person of any and all other

2 services for the purpose of preventing, alleviating, curing,

3 or healing human illness or injury including behavioral

4 health, mental health, home health, and pharmaceutical

5 services and products.

6   "Medical director" means a physician licensed in any state

7 to practice medicine in all its branches appointed by a health

8 care plan.

9   "Medically necessary" means that a service or product

10 addresses the specific needs of a patient for the purpose of

11 screening, preventing, diagnosing, managing, or treating an

12 illness, injury, or condition or its symptoms and

13 comorbidities, including minimizing the progression of an

14 illness, injury, or condition or its symptoms and

15 comorbidities, in a manner that is all of the following:

16  (1) in accordance with generally accepted standards of

17  care;

18  (2) clinically appropriate in terms of type,

19  frequency, extent, site, and duration; and

20  (3) not primarily for the economic benefit of the

21  health care plan, purchaser, or utilization review

22  organization, or for the convenience of the patient,

23  treating physician, or other health care provider.

24  "Person" means a corporation, association, partnership,

25 limited liability company, sole proprietorship, or any other

26 legal entity.
    SB2394 Enrolled      - 1917 - LRB104 09208 AMC 19265 b

1   "Physician" means a person licensed under the Medical

2 Practice Act of 1987.

3   "Post-stabilization medical services" means health care

4 services provided to an enrollee that are furnished in a

5 licensed hospital by a provider that is qualified to furnish

6 such services, and determined to be medically necessary and

7 directly related to the emergency medical condition following

8 stabilization.

9   "Stabilization" means, with respect to an emergency

10 medical condition, to provide such medical treatment of the

11 condition as may be necessary to assure, within reasonable

12 medical probability, that no material deterioration of the

13 condition is likely to result.

14  "Step therapy requirement" means a utilization review or

15 formulary requirement that specifies, as a condition of

16 coverage under a health care plan, the order in which certain

17 health care services must be used to treat or manage an

18 enrollee's health condition.

19  "Step therapy requirement" does not include:

20  (1) utilization review to identify when a treatment or

21  health care service is contraindicated or clinically

22  appropriate or to limit quantity or dosage for an enrollee

23  based on utilization review criteria consistent with

24  generally accepted standards of care developed in

25  accordance with Section 87 of this Act;

26  (2) the removal of a drug from a formulary or changing
    SB2394 Enrolled  - 1918 - LRB104 09208 AMC 19265 b

1   the drug's preferred or cost-sharing tier to higher cost

2   sharing;

3   (3) use of the medical exceptions process under

4   Section 45.1 of this Act; any decision during a medical

5   exceptions process based on cost is step therapy and

6   prohibited;

7   (4) a requirement to obtain prior authorization for

8   the requested treatment; or

9   (5) for health care plans operated or overseen by the

10  Department of Healthcare and Family Services, including

11  Medicaid managed care plans, any utilization controls

12  mandated by 42 CFR 456.703 or a preferred drug list as

13  described in Section 5-30.14 of the Illinois Public Aid

14  Code.

15  "Utilization review" means the evaluation, including any

16 evaluation based on an algorithmic automated process, of the

17 medical necessity, appropriateness, and efficiency of the use

18 of health care services, procedures, and facilities.

19  "Utilization review" includes either of the following:

20  (1) prospectively, retrospectively, or concurrently

21  reviewing and approving, modifying, delaying, or denying,

22  based, in whole or in part, on medical necessity, requests

23  by health care providers, enrollees, or their authorized

24  representatives for coverage of health care services

25  before, retrospectively, or concurrently with the

26  provision of health care services to enrollees; or
    SB2394 Enrolled            - 1919 - LRB104 09208 AMC 19265 b

1   (2) evaluating the medical necessity, appropriateness,

2   level of care, service intensity, efficacy, or efficiency

3   of health care services, benefits, procedures, or

4   settings, under any circumstances, to determine whether a

5   health care service or benefit subject to a medical

6   necessity coverage requirement in a health care plan is

7   covered as medically necessary for an enrollee.

8   "Utilization review criteria" means criteria, standards,

9 protocols, or guidelines used by a utilization review program

10 to conduct utilization review to ensure that a patient's care

11 is aligned with generally accepted standards of care and

12 consistent with State law.

13  "Utilization review program" means a program established

14 by a person to perform utilization review.

15 (Source: P.A. 102-409, eff. 1-1-22; 103-426, eff. 8-4-23;

16 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.)

17  Section 780. The Viatical Settlements Act of 2009 is

18 amended by changing Section 5 as follows:

19  (215 ILCS 159/5)

20  Sec. 5. Definitions. As used in this Act:

21  "Accredited investor" means an accredited investor as

22 defined in Rule 501(a) promulgated under the Securities Act of

23 1933 (15 U.S.C. 77 et seq.), as amended.

24  "Advertising" means any written, electronic, or printed
    SB2394 Enrolled  - 1920 - LRB104 09208 AMC 19265 b

1 communication or any communication by means of recorded

2 telephone messages or transmitted on radio, television, the

3 Internet, or similar communications media, including film

4 strips, digital picture slides, motion pictures, and videos

5 published, disseminated, circulated, or placed before the

6 public in this State, for the purpose of creating an interest

7 in or inducing a person to sell, assign, devise, bequest, or

8 transfer the death benefit or ownership of a policy pursuant

9 to a viatical settlement contract.

10      "Alien licensee" means a licensee incorporated or

11 organized under the laws of any country other than the United

12 States.

13      "Business of viatical settlements" means any activity

14 involved in, but not limited to, the offering, soliciting,

15 negotiating, procuring, effectuating, purchasing, investing,

16 financing, monitoring, tracking, underwriting, selling,

17 transferring, assigning, pledging, or hypothecating or in any

18 other manner acquiring an interest in a life insurance policy

19 by means of a viatical settlement contract or other agreement.

20      "Chronically ill" means having been certified within the

21 preceding 12-month period by a licensed health professional

22 as:

23          (1) being unable to perform, without substantial

24      assistance from another individual and for at least 90

25      days due to a loss of functional capacity, at least 2

26      activities of daily living, including, but not limited to,
    SB2394 Enrolled        - 1921 - LRB104 09208 AMC 19265 b

1   eating, toileting, transferring, bathing, dressing, or

2   continence;

3   (2) requiring substantial supervision to protect the

4   individual from threats to health and safety due to severe

5   cognitive impairment; or

6   (3) having a level of disability similar to that

7   described in paragraph (1) as determined by the Secretary

8   of Health and Human Services.

9   "Controlling person" means any person, firm, association,

10 or corporation that directly or indirectly has the power to

11 direct or cause to be directed the management, control, or

12 activities of the viatical settlement provider.

13  "Director" means the Director of the Division of Insurance

14 of the Department of Financial and Professional Regulation.

15  "Division" means the Division of Insurance of the

16 Department of Financial and Professional Regulation.

17  "Escrow agent" means an independent third-party person

18 who, pursuant to a written agreement signed by the viatical

19 settlement provider and viator, provides escrow services

20 related to the acquisition of a life insurance policy pursuant

21 to a viatical settlement contract. "Escrow agent" does not

22 include any person associated or affiliated with or under the

23 control of a licensee.

24  "Financial institution" means a financial institution as

25 defined by the Financial Institutions Insurance Sales Law in

26 Article XLIV of the Illinois Insurance Code.
    SB2394 Enrolled      - 1922 - LRB104 09208 AMC 19265 b

1   "Financing entity" means an underwriter, placement agent,

2 lender, purchaser of securities, purchaser of a policy or

3 certificate from a viatical settlement provider, credit

4 enhancer, or an entity that has a direct ownership in a policy

5 that is the subject of a viatical settlement contract, and to

6 which both of the following apply:

7   (1) its principal activity related to the transaction

8   is providing funds to effect the viatical settlement or

9   purchase of one or more viaticated policies; and

10  (2) it has an agreement in writing with one or more

11  licensed viatical settlement providers to finance the

12  acquisition of viatical settlement contracts.

13 "Financing entity" does not include an investor that is not an

14 accredited investor.

15  "Financing transaction" means a transaction in which a

16 viatical settlement provider obtains financing from a

17 financing entity, including, without limitation, any secured

18 or unsecured financing, securitization transaction, or

19 securities offering that either is registered or exempt from

20 registration under federal and State securities law.

21  "Foreign licensee" means any viatical settlement provider

22 incorporated or organized under the laws of any state of the

23 United States other than this State.

24  "Insurance producer" means an insurance producer as

25 defined by Section 500-10 10 of Article XXXI of the Illinois

26 Insurance Code.
    SB2394 Enrolled            - 1923 - LRB104 09208 AMC 19265 b

1   "Licensee" means a viatical settlement provider or

2 viatical settlement broker.

3   "Life expectancy provider" means a person who determines

4 or holds himself or herself out as determining life

5 expectancies or mortality ratings used to determine life

6 expectancies on behalf of or in connection with any of the

7 following:

8   (1) A viatical settlement provider, viatical

9   settlement broker, or person engaged in the business of

10  viatical settlements.

11  (2) A viatical investment as defined by Section 2.33

12  of the Illinois Securities Law of 1953 or a viatical

13  settlement contract.

14  "NAIC" means the National Association of Insurance

15 Commissioners.

16  "Person" means an individual or a legal entity, including,

17 without limitation, a partnership, limited liability company,

18 limited liability partnership, association, trust, business

19 trust, or corporation.

20  "Policy" means an individual or group policy, group

21 certificate, contract, or arrangement of insurance of the

22 class defined by subsection (a) of Section 4 of the Illinois

23 Insurance Code owned by a resident of this State, regardless

24 of whether delivered or issued for delivery in this State.

25  "Qualified institutional buyer" means a qualified

26 institutional buyer as defined in Rule 144 promulgated under
    SB2394 Enrolled      - 1924 - LRB104 09208 AMC 19265 b

1 the Securities Act of 1933, as amended.

2   "Related provider trust" means a titling trust or other

3 trust established by a licensed viatical settlement provider

4 or a financing entity for the sole purpose of holding the

5 ownership or beneficial interest in purchased policies in

6 connection with a financing transaction. The trust shall have

7 a written agreement with the licensed viatical settlement

8 provider under which the licensed viatical settlement provider

9 is responsible for ensuring compliance with all statutory and

10 regulatory requirements and under which the trust agrees to

11 make all records and files related to viatical settlement

12 transactions available to the Director as if those records and

13 files were maintained directly by the licensed viatical

14 settlement provider.

15  "Special purpose entity" means a corporation, partnership,

16 trust, limited liability company, or other similar entity

17 formed only to provide, directly or indirectly, access to

18 institutional capital markets (i) for a financing entity or

19 licensed viatical settlement provider; or (ii) in connection

20 with a transaction in which the securities in the special

21 purposes entity are acquired by the viator or by qualified

22 institutional buyers or the securities pay a fixed rate of

23 return commensurate with established asset-backed

24 institutional capital markets.

25  "Stranger-originated life insurance" or "STOLI" means an

26 act, practice, or arrangement to initiate a life insurance
    SB2394 Enrolled  - 1925 - LRB104 09208 AMC 19265 b

1 policy for the benefit of a third-party investor who, at the

2 time of policy origination, has no insurable interest in the

3 insured. STOLI practices include, but are not limited to,

4 cases in which life insurance is purchased with resources or

5 guarantees from or through a person or entity who, at the time

6 of policy inception, could not lawfully initiate the policy

7 himself or itself and where, at the time of policy inception,

8 there is an arrangement or agreement, whether verbal or

9 written, to directly or indirectly transfer the ownership of

10 the policy or policy benefits to a third party. Trusts created

11 to give the appearance of an insurable interest and used to

12 initiate policies for investors violate insurance interest

13 laws and the prohibition against wagering on life. STOLI

14 arrangements do not include lawful viatical settlement

15 contracts as permitted by this Act.

16  "Terminally ill" means certified by a physician as having

17 an illness or physical condition that reasonably is expected

18 to result in death in 24 months or less.

19  "Viatical settlement broker" means a licensed insurance

20 producer who has been issued a license pursuant to paragraph

21 (1) or (2) of subsection (a) of Section 500-35 of the Illinois

22 Insurance Code who, working exclusively on behalf of a viator

23 and for a fee, commission, or other valuable consideration,

24 offers, solicits, promotes, or attempts to negotiate viatical

25 settlement contracts between a viator and one or more viatical

26 settlement providers or one or more viatical settlement
    SB2394 Enrolled          - 1926 - LRB104 09208 AMC 19265 b

1 brokers. "Viatical settlement broker" does not include an

2 attorney, a certified public accountant, or a financial

3 planner accredited by a nationally recognized accreditation

4 agency, who is retained to represent the viator and whose

5 compensation is not paid directly or indirectly by the

6 viatical settlement provider or purchaser.

7   "Viatical settlement contract" means any of the following:

8   (1) A written agreement between a viator and a

9   viatical settlement provider establishing the terms under

10  which compensation or anything of value is or will be

11  paid, which compensation or value is less than the

12  expected death benefits of the policy, in return for the

13  viator's present or future assignment, transfer, sale,

14  devise, or bequest of the death benefit or ownership of

15  any portion of the insurance policy.

16  (2) A written agreement for a loan or other lending

17  transaction, secured primarily by an individual life

18  insurance policy or an individual certificate of a group

19  life insurance policy.

20  (3) The transfer for compensation or value of

21  ownership of a beneficial interest in a trust or other

22  entity that owns such policy, if the trust or other entity

23  was formed or availed of for the principal purpose of

24  acquiring one or more life insurance contracts and the

25  life insurance contract insures the life of a person

26  residing in this State.
    SB2394 Enrolled  - 1927 - LRB104 09208 AMC 19265 b

1   (4) A premium finance loan made for a life insurance

2   policy by a lender to a viator on, before, or after the

3   date of issuance of the policy in either of the following

4   situations:

5   (A) The viator or the insured receives a guarantee

6   of the viatical settlement value of the policy.

7   (B) The viator or the insured agrees to sell the

8   policy or any portion of the policy's death benefit on

9   any date before or after issuance of the policy.

10  "Viatical settlement contract" does not include any of the

11 following acts, practices, or arrangements listed below in

12 subparagraphs (a) through (i) of this definition of "viatical

13 settlement contract", unless part of a plan, scheme, device,

14 or artifice to avoid application of this Act; provided,

15 however, that the list of excluded items contained in

16 subparagraphs (a) through (i) is not intended to be an

17 exhaustive list and that an act, practice, or arrangement that

18 is not described below in subparagraphs (a) through (i) does

19 not necessarily constitute a viatical settlement contract:

20  (a) A policy loan or accelerated death benefit made by

21  the insurer pursuant to the policy's terms;

22  (b) Loan proceeds that are used solely to pay: (i)

23  premiums for the policy and (ii) the costs of the loan,

24  including, without limitation, interest, arrangement fees,

25  utilization fees and similar fees, closing costs, legal

26  fees and expenses, trustee fees and expenses, and
    SB2394 Enrolled  - 1928 - LRB104 09208 AMC 19265 b

1   third-party third party collateral provider fees and

2   expenses, including fees payable to letter of credit

3   issuers;

4   (c) A loan made by a bank or other financial

5   institution in which the lender takes an interest in a

6   life insurance policy solely to secure repayment of a loan

7   or, if there is a default on the loan and the policy is

8   transferred, the transfer of such a policy by the lender,

9   provided that neither the default itself nor the transfer

10  of the policy in connection with the default is pursuant

11  to an agreement or understanding with any other person for

12  the purpose of evading regulation under this Act;

13  (d) A loan made by a lender that does not violate

14  Article XXXIIa of the Illinois Insurance Code, provided

15  that the premium finance loan is not described in this

16  Act;

17  (e) An agreement in which all the parties (i) are

18  closely related to the insured by blood or law or (ii) have

19  a lawful substantial economic interest in the continued

20  life, health, and bodily safety of the person insured, or

21  trusts established primarily for the benefit of such

22  parties;

23  (f) Any designation, consent, or agreement by an

24  insured who is an employee of an employer in connection

25  with the purchase by the employer, or trust established by

26  the employer, of life insurance on the life of the
    SB2394 Enrolled  - 1929 - LRB104 09208 AMC 19265 b

1   employee;

2   (g) A bona fide business succession planning

3   arrangement: (i) between one or more shareholders in a

4   corporation or between a corporation and one or more of

5   its shareholders or one or more trusts established by its

6   shareholders; (ii) between one or more partners in a

7   partnership or between a partnership and one or more of

8   its partners or one or more trusts established by its

9   partners; or (iii) between one or more members in a

10  limited liability company or between a limited liability

11  company and one or more of its members or one or more

12  trusts established by its members;

13  (h) An agreement entered into by a service recipient,

14  or a trust established by the service recipient, and a

15  service provider, or a trust established by the service

16  provider, who performs significant services for the

17  service recipient's trade or business; or

18  (i) Any other contract, transaction, or arrangement

19  exempted from the definition of viatical settlement

20  contract by the Director based on the Director's

21  determination that the contract, transaction, or

22  arrangement is not of the type intended to be regulated by

23  this Act.

24  "Viatical settlement investment agent" means a person who

25 is an appointed or contracted agent of a licensed viatical

26 settlement provider who solicits or arranges the funding for
    SB2394 Enrolled        - 1930 - LRB104 09208 AMC 19265 b

1 the purchase of a viatical settlement by a viatical settlement

2 purchaser and who is acting on behalf of a viatical settlement

3 provider. A viatical settlement investment agent is deemed to

4 represent the viatical settlement provider of whom the

5 viatical settlement investment agent is an appointed or

6 contracted agent.

7   "Viatical settlement provider" means a person, other than

8 a viator, who enters into or effectuates a viatical settlement

9 contract with a viator. "Viatical settlement provider" does

10 not include:

11  (1) a bank, savings bank, savings and loan

12  association, credit union, or other financial institution

13  that takes an assignment of a policy as collateral for a

14  loan;

15  (2) a financial institution or premium finance company

16  making premium finance loans and exempted by the Director

17  from the licensing requirement under the premium finance

18  laws where the institution or company takes an assignment

19  of a life insurance policy solely as collateral for a

20  premium finance loan;

21  (3) the issuer of the life insurance policy;

22  (4) an authorized or eligible insurer that provides

23  stop loss coverage or financial guaranty insurance to a

24  viatical settlement provider, purchaser, financing entity,

25  special purpose entity, or related provider trust;

26  (5) an An individual person who enters into or
    SB2394 Enrolled  - 1931 - LRB104 09208 AMC 19265 b

1   effectuates no more than one viatical settlement contract

2   in a calendar year for the transfer of policies for any

3   value less than the expected death benefit;

4   (6) a financing entity;

5   (7) a special purpose entity;

6   (8) a related provider trust;

7   (9) a viatical settlement purchaser; or

8   (10) any other person that the Director determines is

9   consistent with the definition of viatical settlement

10  provider.

11  "Viatical settlement purchaser" means a person who

12 provides a sum of money as consideration for a life insurance

13 policy or an interest in the death benefits of a life insurance

14 policy, or a person who owns or acquires or is entitled to a

15 beneficial interest in a trust that owns a viatical settlement

16 contract or is the beneficiary of a life insurance policy, in

17 each case where such policy has been or will be the subject of

18 a viatical settlement contract, for the purpose of deriving an

19 economic benefit. "Viatical settlement purchaser" does not

20 include: (i) a licensee under this Act; (ii) an accredited

21 investor or qualified institutional buyer; (iii) a financing

22 entity; (iv) a special purpose entity; or (v) a related

23 provider trust.

24  "Viaticated policy" means a life insurance policy that has

25 been acquired by a viatical settlement provider pursuant to a

26 viatical settlement contract.
    SB2394 Enrolled           - 1932 - LRB104 09208 AMC 19265 b

1   "Viator" means the owner of a life insurance policy or a

2 certificate holder under a group policy who enters or seeks to

3 enter into a viatical settlement contract. For the purposes of

4 this Act, a viator is not limited to an owner of a life

5 insurance policy or a certificate holder under a group policy

6 insuring the life of an individual with a terminal or chronic

7 illness or condition, except where specifically addressed.

8 "Viator" does not include:

9   (1) a licensee;

10  (2) a qualified institutional buyer;

11  (3) a financing entity;

12  (4) a special purpose entity; or

13  (5) a related provider trust.

14 (Source: P.A. 100-863, eff. 8-14-18; revised 7-23-24.)

15  Section 785. The Vision Care Plan Regulation Act is

16 amended by changing Section 5 as follows:

17  (215 ILCS 161/5)

18  Sec. 5. Definitions. As used in this Act:

19  "Covered materials" means materials for which

20 reimbursement from the vision care plan is provided to an eye

21 care provider by an enrollee's plan contract or for which a

22 reimbursement would be available but for the application of

23 the enrollee's contractual limitation of deductibles,

24 copayments, or coinsurance. "Covered materials" includes lens
    SB2394 Enrolled  - 1933 - LRB104 09208 AMC 19265 b

1 treatment or coatings added to a spectacle lens if the base

2 spectacle lens is a covered material.

3   "Covered services" means services for which reimbursement

4 from the vision care plan is provided to an eye care provider

5 by an enrollee's plan contract or for which a reimbursement

6 would be available but for the application of the enrollee's

7 contractual plan limitation of deductibles, copayments, or

8 coinsurance regardless of how the benefits are listed in an

9 enrollee's benefit plan's definition of benefits.

10  "Enrollee" means any individual enrolled in a vision care

11 plan provided by a group, employer, or other entity that

12 purchases or supplies coverage for a vision care plan.

13  "Eye care provider" means a doctor of optometry licensed

14 pursuant to the Illinois Optometric Practice Act of 1987 or a

15 physician licensed to practice medicine in all of its branches

16 pursuant to the Medical Practice Act of 1987.

17  "Materials" means ophthalmic devices, including, but not

18 limited to:

19  (i) lenses, devices containing lenses, ophthalmic

20  frames, and other lens mounting apparatus, prisms, lens

21  treatments, and coatings;

22  (ii) contact lenses and prosthetic devices that

23  correct, relieve, or treat defects or abnormal conditions

24  of the human eye or adnexa; and

25  (iii) any devices that deliver medication or other

26  therapeutic treatment to the human eye or adnexa.
    SB2394 Enrolled        - 1934 - LRB104 09208 AMC 19265 b

1   "Services" means the professional work performed by an eye

2 care provider.

3   "Subcontractor" means any company, group, or third-party

4 entity, including agents, servants, partially owned

5 partially-owned or wholly owned wholly-owned subsidiaries and

6 controlled organizations, that the vision care plan contracts

7 with to supply services or materials for an eye care provider

8 or enrollee to fulfill the benefit plan of a vision care plan.

9   "Vision care organization" means an entity formed under

10 the laws of this State or another state that issues a vision

11 care plan.

12  "Vision care plan" means a plan that creates, promotes,

13 sells, provides, advertises, or administers an integrated or

14 stand-alone plan that provides coverage for covered services

15 and covered materials.

16 (Source: P.A. 103-482, eff. 8-4-23; revised 7-23-24.)

17  Section 790. The Voluntary Health Services Plans Act is

18 amended by changing Section 10 as follows:

19  (215 ILCS 165/10) (from Ch. 32, par. 604)

20  Sec. 10. Application of Insurance Code provisions. Health

21 services plan corporations and all persons interested therein

22 or dealing therewith shall be subject to the provisions of

23 Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

24 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3,
    SB2394 Enrolled  - 1935 - LRB104 09208 AMC 19265 b

1 355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t,

2 356u, 356u.10, 356v, 356w, 356x, 356y, 356z.1, 356z.2,

3 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

4 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,

5 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

6 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46,

7 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59,

8 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71,

9 356z.72, 356z.74, 356z.75, 356z.77, 364.01, 364.3, 367.2,

10 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and

11 paragraphs (7) and (15) of Section 367 of the Illinois

12 Insurance Code.

13  Rulemaking authority to implement Public Act 95-1045, if

14 any, is conditioned on the rules being adopted in accordance

15 with all provisions of the Illinois Administrative Procedure

16 Act and all rules and procedures of the Joint Committee on

17 Administrative Rules; any purported rule not so adopted, for

18 whatever reason, is unauthorized.

19 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

20 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

21 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,

22 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

23 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.

24 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

25 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

26 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff.
    SB2394 Enrolled    - 1936 - LRB104 09208 AMC 19265 b

1 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,
2 eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25;
3 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff.
4 1-1-25; revised 11-26-24.)

5   Section 795. The Health Carrier External Review Act is

6 amended by changing Section 10 as follows:

7   (215 ILCS 180/10)

8   Sec. 10. Definitions. For the purposes of this Act:

9   "Adverse determination" means:

10  (1) a determination by a health carrier or its

11  designee utilization review organization that, based upon

12  the health information provided for a covered person, a

13  request for a benefit, including any quantity, frequency,

14  duration, or other measurement of a benefit, under the

15  health carrier's health benefit plan upon application of

16  any utilization review technique does not meet the health

17  carrier's requirements for medical necessity,

18  appropriateness, health care setting, level of care, or

19  effectiveness or is determined to be experimental or

20  investigational and the requested benefit is therefore

21  denied, reduced, or terminated or payment is not provided

22  or made, in whole or in part, for the benefit;

23  (2) the denial, reduction, or termination of or

24  failure to provide or make payment, in whole or in part,
    SB2394 Enrolled       - 1937 - LRB104 09208 AMC 19265 b

1   for a benefit based on a determination by a health carrier

2   or its designee utilization review organization that a

3   preexisting condition was present before the effective

4   date of coverage; or

5   (3) a rescission of coverage determination, which does

6   not include a cancellation or discontinuance of coverage

7   that is attributable to a failure to timely pay required

8   premiums or contributions toward towards the cost of

9   coverage.

10  "Adverse         determination"  includes  unilateral

11 determinations that replace the requested health care service

12 with an approval of an alternative health care service without

13 the agreement of the covered person or the covered person's

14 attending provider for the requested health care service, or

15 that condition approval of the requested service on first

16 trying an alternative health care service, either if the

17 request was made under a medical exceptions procedure, or if

18 all of the following are true: (1) the requested service was

19 not excluded by name, description, or service category under

20 the written terms of coverage, (2) the alternative health care

21 service poses no greater risk to the patient based on

22 generally accepted standards of care, and (3) the alternative

23 health care service is at least as likely to produce the same

24 or better effect on the covered person's health as the

25 requested service based on generally accepted standards of

26 care. "Adverse determination" includes determinations made
    SB2394 Enrolled     - 1938 - LRB104 09208 AMC 19265 b

1 based on any source of health information pertaining to the

2 covered person that is used to deny, reduce, replace,

3 condition, or terminate the benefit or payment. "Adverse

4 determination" includes determinations made in response to a

5 request for authorization when the request was submitted by

6 the health care provider regardless of whether the provider

7 gave notice to or obtained the consent of the covered person or

8 authorized representative to file the request. "Adverse

9 determination" does not include substitutions performed under

10 Section 19.5 or 25 of the Pharmacy Practice Act.

11  "Authorized representative" means:

12      (1) a person to whom a covered person has given

13  express written consent to represent the covered person

14  for purposes of this Law;

15      (2) a person authorized by law to provide substituted

16  consent for a covered person;

17      (3) a family member of the covered person or the

18  covered person's treating health care professional when

19  the covered person is unable to provide consent;

20      (4) a health care provider when the covered person's

21  health benefit plan requires that a request for a benefit

22  under the plan be initiated by the health care provider;

23  or

24      (5) in the case of an urgent care request, a health

25  care provider with knowledge of the covered person's

26  medical condition.
    SB2394 Enrolled         - 1939 - LRB104 09208 AMC 19265 b

1   "Best evidence" means evidence based on:

2   (1) randomized clinical trials;

3   (2) if randomized clinical trials are not available,

4   then cohort studies or case-control studies;

5   (3) if items (1) and (2) are not available, then

6   case-series; or

7   (4) if items (1), (2), and (3) are not available, then

8   expert opinion.

9   "Case-series" means an evaluation of a series of patients

10 with a particular outcome, without the use of a control group.

11  "Clinical review criteria" means the written screening

12 procedures, decision abstracts, clinical protocols, and

13 practice guidelines used by a health carrier to determine the

14 necessity and appropriateness of health care services.

15 "Clinical review criteria" includes all utilization review

16 criteria as defined in Section 10 of the Managed Care Reform

17 and Patient Rights Act.

18  "Cohort study" means a prospective evaluation of 2 groups

19 of patients with only one group of patients receiving specific

20 intervention.

21  "Concurrent review" means a review conducted during a

22 patient's stay or course of treatment in a facility, the

23 office of a health care professional, or other inpatient or

24 outpatient health care setting.

25  "Covered benefits" or "benefits" means those health care

26 services to which a covered person is entitled under the terms
    SB2394 Enrolled          - 1940 - LRB104 09208 AMC 19265 b

1 of a health benefit plan.

2   "Covered person" means a policyholder, subscriber,

3 enrollee, or other individual participating in a health

4 benefit plan.

5   "Director" means the Director of the Department of

6 Insurance.

7   "Emergency medical condition" means a medical condition

8 manifesting itself by acute symptoms of sufficient severity,

9 including, but not limited to, severe pain, such that a

10 prudent layperson who possesses an average knowledge of health

11 and medicine could reasonably expect the absence of immediate

12 medical attention to result in:

13  (1) placing the health of the individual or, with

14  respect to a pregnant woman, the health of the woman or her

15  unborn child, in serious jeopardy;

16  (2) serious impairment to bodily functions; or

17  (3) serious dysfunction of any bodily organ or part.

18  "Emergency services" means health care items and services

19 furnished or required to evaluate and treat an emergency

20 medical condition.

21  "Evidence-based standard" means the conscientious,

22 explicit, and judicious use of the current best evidence based

23 on an overall systematic review of the research in making

24 decisions about the care of individual patients.

25  "Expert opinion" means a belief or an interpretation by

26 specialists with experience in a specific area about the
    SB2394 Enrolled          - 1941 - LRB104 09208 AMC 19265 b

1 scientific evidence pertaining to a particular service,

2 intervention, or therapy.

3   "Facility" means an institution providing health care

4 services or a health care setting.

5   "Final adverse determination" means an adverse

6 determination involving a covered benefit that has been upheld

7 by a health carrier, or its designee utilization review

8 organization, at the completion of the health carrier's

9 internal grievance process procedures as set forth by the

10 Managed Care Reform and Patient Rights Act or as set forth for

11 any additional authorization or internal appeal process

12 provided by contract between the health carrier and the

13 provider. "Final adverse determination" includes

14 determinations made in an appeal of a denial of prior

15 authorization when the appeal was submitted by the health care

16 provider regardless of whether the provider gave notice to or

17 obtained the consent of the covered person or authorized

18 representative to file an internal appeal.

19  "Health benefit plan" means a policy, contract,

20 certificate, plan, or agreement offered or issued by a health

21 carrier to provide, deliver, arrange for, pay for, or

22 reimburse any of the costs of health care services.

23  "Health care provider" or "provider" means a physician,

24 hospital facility, or other health care practitioner licensed,

25 accredited, or certified to perform specified health care

26 services consistent with State law, responsible for
    SB2394 Enrolled    - 1942 - LRB104 09208 AMC 19265 b

1 recommending health care services on behalf of a covered

2 person.

3   "Health care services" means services for the diagnosis,

4 prevention, treatment, cure, or relief of a health condition,

5 illness, injury, or disease.

6   "Health carrier" means an entity subject to the insurance

7 laws and regulations of this State, or subject to the

8 jurisdiction of the Director, that contracts or offers to

9 contract to provide, deliver, arrange for, pay for, or

10 reimburse any of the costs of health care services, including

11 a sickness and accident insurance company, a health

12 maintenance organization, or any other entity providing a plan

13 of health insurance, health benefits, or health care services.

14 "Health carrier" also means Limited Health Service

15 Organizations (LHSO) and Voluntary Health Service Plans.

16  "Health information" means information or data, whether

17 oral or recorded in any form or medium, and personal facts or

18 information about events or relationships that relate to:

19         (1) the past, present, or future physical, mental, or

20  behavioral health or condition of an individual or a

21  member of the individual's family;

22         (2) the provision of health care services to an

23  individual; or

24         (3) payment for the provision of health care services

25  to an individual.

26  "Independent review organization" means an entity that
    SB2394 Enrolled       - 1943 - LRB104 09208 AMC 19265 b

1 conducts independent external reviews of adverse

2 determinations and final adverse determinations.

3   "Medical or scientific evidence" means evidence found in

4 the following sources:

5   (1) peer-reviewed scientific studies published in or

6   accepted for publication by medical journals that meet

7   nationally recognized requirements for scientific

8   manuscripts and that submit most of their published

9   articles for review by experts who are not part of the

10  editorial staff;

11  (2) peer-reviewed medical literature, including

12  literature relating to therapies reviewed and approved by

13  a qualified institutional review board, biomedical

14  compendia, and other medical literature that meet the

15  criteria of the National Institutes of Health's Library of

16  Medicine for indexing in Index Medicus (Medline) and

17  Elsevier Science Ltd. for indexing in Excerpta Medicus

18  (EMBASE);

19  (3) medical journals recognized by the Secretary of

20  Health and Human Services under Section 1861(t)(2) of the

21  federal Social Security Act;

22  (4) the following standard reference compendia:

23  (a) The American Hospital Formulary Service-Drug

24  Information;

25  (b) Drug Facts and Comparisons;

26  (c) The American Dental Association Accepted
    SB2394 Enrolled  - 1944 - LRB104 09208 AMC 19265 b

1   Dental Therapeutics; and

2   (d) The United States Pharmacopoeia-Drug

3   Information;

4   (5) findings, studies, or research conducted by or

5   under the auspices of federal government agencies and

6   nationally recognized federal research institutes,

7   including:

8   (a) the federal Agency for Healthcare Research and

9   Quality;

10  (b) the National Institutes of Health;

11  (c) the National Cancer Institute;

12  (d) the National Academy of Sciences;

13  (e) the Centers for Medicare & Medicaid Services;

14  (f) the federal Food and Drug Administration; and

15  (g) any national board recognized by the National

16  Institutes of Health for the purpose of evaluating the

17  medical value of health care services; or

18  (6) any other medical or scientific evidence that is

19  comparable to the sources listed in items (1) through (5).

20  "Person" means an individual, a corporation, a

21 partnership, an association, a joint venture, a joint stock

22 company, a trust, an unincorporated organization, any similar

23 entity, or any combination of the foregoing.

24  "Prospective review" means a review conducted prior to an

25 admission or the provision of a health care service or a course

26 of treatment in accordance with a health carrier's requirement
    SB2394 Enrolled           - 1945 - LRB104 09208 AMC 19265 b

1 that the health care service or course of treatment, in whole

2 or in part, be approved prior to its provision.

3   "Protected health information" means health information

4 (i) that identifies an individual who is the subject of the

5 information; or (ii) with respect to which there is a

6 reasonable basis to believe that the information could be used

7 to identify an individual.

8   "Randomized clinical trial" means a controlled prospective

9 study of patients that have been randomized into an

10 experimental group and a control group at the beginning of the

11 study with only the experimental group of patients receiving a

12 specific intervention, which includes study of the groups for

13 variables and anticipated outcomes over time.

14  "Retrospective review" means any review of a request for a

15 benefit that is not a concurrent or prospective review

16 request. "Retrospective review" does not include the review of

17 a claim that is limited to veracity of documentation or

18 accuracy of coding.

19  "Utilization review" has the meaning provided by the

20 Managed Care Reform and Patient Rights Act.

21  "Utilization review organization" means a utilization

22 review program as defined in the Managed Care Reform and

23 Patient Rights Act.

24 (Source: P.A. 103-650, eff 1-1-25; 103-656, eff. 1-1-25;

25 revised 11-26-24.)
    SB2394 Enrolled         - 1946 - LRB104 09208 AMC 19265 b

1   Section 800. The Prior Authorization Reform Act is amended

2 by changing Section 77 as follows:

3   (215 ILCS 200/77)

4   (This Section may contain text from a Public Act with a

5 delayed effective date)

6   Sec. 77. Prior authorization for drug therapies for

7 hereditary bleeding disorders. Notwithstanding any other

8 provision of law, a health insurance issuer or a contracted

9 utilization review organization may not require a prior

10 authorization for drug therapies approved by the U.S. Food and

11 Drug Administration for the treatment of hereditary bleeding

12 disorders any more frequently than every 6 months or the

13 length of time the prescription for that dosage remains valid,

14 whichever period is shorter.

15 (Source: P.A. 103-659, eff. 1-1-26; revised 10-23-24.)

16  Section 805. The Public Utilities Act is amended by

17 changing Section 16-108.18 as follows:

18  (220 ILCS 5/16-108.18)

19  Sec. 16-108.18. Performance-based ratemaking.

20  (a) The General Assembly finds:

21  (1) That improving the alignment of utility customer

22  and company interests is critical to ensuring equity,

23  rapid growth of distributed energy resources, electric
    SB2394 Enrolled  - 1947 - LRB104 09208 AMC 19265 b

1   vehicles, and other new technologies that substantially

2   change the makeup of the grid and protect Illinois

3   residents and businesses from potential economic and

4   environmental harm from the State's energy systems.

5   (2) There is urgency around addressing increasing

6   threats from climate change and assisting communities that

7   have borne disproportionate impacts from climate change,

8   including air pollution, greenhouse gas emissions, and

9   energy burdens. Addressing this problem requires changes

10  to the business model under which utilities in Illinois

11  have traditionally functioned.

12  (3) Providing targeted incentives to support change

13  through a new performance-based structure to enhance

14  ratemaking is intended to enable alignment of utility,

15  customer, community, and environmental goals.

16  (4) Though Illinois has taken some measures to move

17  utilities to performance-based ratemaking through the

18  establishment of performance incentives and a

19  performance-based formula rate under the Energy

20  Infrastructure Modernization Act, these measures have not

21  been sufficiently transformative in urgently moving

22  electric utilities toward the State's ambitious energy

23  policy goals: protecting a healthy environment and

24  climate, improving public health, and creating quality

25  jobs and economic opportunities, including wealth

26  building, especially in economically disadvantaged
    SB2394 Enrolled        - 1948 - LRB104 09208 AMC 19265 b

1   communities and communities of color.

2   (5) These measures were not developed through a

3   process to understand first what performance measures and

4   penalties would help drive the sought-after behavior by

5   the utilities.

6   (6) While the General Assembly has not made a finding

7   that the spending related to the Energy Infrastructure and

8   Modernization Act and its performance metrics was not

9   reasonable, it is important to address concerns that these

10  measures may have resulted in excess utility spending and

11  guaranteed profits without meaningful improvements in

12  customer experience, rate affordability, or equity.

13  (7) Discussions of performance incentive mechanisms

14  must always take into account the affordability of

15  customer rates and bills for all customers, including

16  low-income customers.

17  (8) The General Assembly therefore directs the

18  Illinois Commerce Commission to complete a transition that

19  includes a comprehensive performance-based regulation

20  framework for electric utilities serving more than 500,000

21  customers. The breadth of this framework should revise

22  existing utility regulations to position Illinois electric

23  utilities to effectively and efficiently achieve current

24  and anticipated future energy needs of this State, while

25  ensuring affordability for consumers.

26  (b) As used in this Section:
    SB2394 Enrolled  - 1949 - LRB104 09208 AMC 19265 b

1   "Commission" means the Illinois Commerce Commission.

2   "Demand response" means measures that decrease peak

3 electricity demand or shift demand from peak to off-peak

4 periods.

5   "Distributed energy resources" or "DER" means a wide range

6 of technologies that are connected to the grid including those

7 that are located on the customer side of the customer's

8 electric meter and can provide value to the distribution

9 system, including, but not limited to, distributed generation,

10 energy storage, electric vehicles, and demand response

11 technologies.

12  "Economically disadvantaged communities" means areas of

13 one or more census tracts where average household income does

14 not exceed 80% of area median income.

15  "Environmental justice communities" means the definition

16 of that term as used and as may be updated in the long-term

17 renewable resources procurement plan by the Illinois Power

18 Agency and its Program Administrator in the Illinois Solar for

19 All Program.

20  "Equity investment eligible community" means the

21 geographic areas throughout Illinois which would most benefit

22 from equitable investments by the State designed to combat

23 discrimination. Specifically, the equity investment eligible

24 communities shall be defined as the following areas:

25  (1) R3 Areas as established pursuant to Section 10-40

26  of the Cannabis Regulation and Tax Act, where residents
    SB2394 Enrolled        - 1950 - LRB104 09208 AMC 19265 b

1   have historically been excluded from economic

2   opportunities, including opportunities in the energy

3   sector; and

4   (2) Environmental justice communities, as defined by

5   the Illinois Power Agency pursuant to the Illinois Power

6   Agency Act, where residents have historically been subject

7   to disproportionate burdens of pollution, including

8   pollution from the energy sector.

9   "Performance incentive mechanism" means an instrument by

10 which utility performance is incentivized, which could include

11 a monetary performance incentive.

12  "Performance metric" means a manner of measurement for a

13 particular utility activity.

14  (c) Through coordinated, comprehensive system planning,

15 ratemaking, and performance incentives, the performance-based

16 ratemaking framework should be designed to accomplish the

17 following objectives:

18  (1) maintain and improve service reliability and

19  safety, including and particularly in environmental

20  justice, low-income, and equity investment eligible

21  communities;

22  (2) decarbonize utility systems at a pace that meets

23  or exceeds State climate goals, while also ensuring the

24  affordability of rates for all customers, including

25  low-income customers;

26  (3) direct electric utilities to make cost-effective
    SB2394 Enrolled  - 1951 - LRB104 09208 AMC 19265 b

1   investments that support achievement of Illinois' clean

2   energy policies, including, at a minimum, investments

3   designed to integrate distributed energy resources, comply

4   with critical infrastructure protection standards, plans,

5   and industry best practices, and support and take

6   advantage of potential benefits from the electric vehicle

7   charging and other electrification, while mitigating the

8   impacts;

9   (4) choose cost-effective assets and services, whether

10  utility-supplied or through third-party contracting,

11  considering both economic and environmental costs and the

12  effects on utility rates, to deliver high-quality service

13  to customers at least cost;

14  (5) maintain the affordability of electric delivery

15  services for all customers, including low-income

16  customers;

17  (6) maintain and grow a diverse workforce, diverse

18  supplier procurement base and, for relevant programs,

19  diverse approved-vendor pools, including increased

20  opportunities for minority-owned, female-owned,

21  veteran-owned, and disability-owned business enterprises;

22  (7) improve customer service performance and

23  engagement;

24  (8) address the particular burdens faced by consumers

25  in environmental justice and equity investment eligible

26  communities, including shareholder, consumer, and publicly
    SB2394 Enrolled  - 1952 - LRB104 09208 AMC 19265 b

1   funded bill payment assistance and credit and collection

2   policies, and ensure equitable disconnections, late fees,

3   or arrearages as a result of utility credit and collection

4   practices, which may include consideration of impact by

5   zip code; and

6   (9) implement or otherwise enhance current supplier

7   diversity programs to increase diverse contractor

8   participation in professional services, subcontracting,

9   and prime contracting opportunities with programs that

10  address barriers to access. Supplier diversity programs

11  shall address specific barriers related to RFP and

12  contract access, access to capital, information technology

13  and cyber security access and costs, administrative

14  burdens, and quality control with specific metrics,

15  outcomes, and demographic data reported.

16  (d) Multi-Year Rate Plan.

17  (1) If an electric utility had a performance-based

18  formula rate in effect under Section 16-108.5 as of

19  December 31, 2020, then the utility may file a petition

20  proposing tariffs implementing a 4-year Multi-Year Rate

21  Plan as provided in this Section no later than, January

22  20, 2023, for delivery service rates to be effective for

23  the billing periods January 1, 2024 through December 31,

24  2027. The Commission shall issue an order approving or

25  approving as modified the utility's plan no later than

26  December 20, 2023. The term "Multi-Year Rate Plan" refers
    SB2394 Enrolled  - 1953 - LRB104 09208 AMC 19265 b

1   to a plan establishing the base rates the utility shall

2   charge for each delivery year of the 4-year period to be

3   covered by the plan, which shall be subject to

4   modification only as expressly allowed in this Section.

5   (2) A utility proposing a Multi-Year Rate Plan shall

6   provide a 4-year investment plan and a description of the

7   utility's major planned investments, including, at a

8   minimum, all investments of $2,000,000 or greater over the

9   plan period for an electric utility that serves more than

10  3,000,000 retail customers in the State or $500,000 for an

11  electric utility that serves less than 3,000,000 retail

12  customers in the State but more than 500,000 retail

13  customers in the State. The 4-year investment plan must be

14  consistent with the Multi-Year Integrated Grid Plan

15  described in Section 16-105.17 of this Act. The investment

16  plan shall provide sufficiently detailed information, as

17  required by the Commission, including, at a minimum, a

18  description of each investment, the location of the

19  investment, and an explanation of the need for and benefit

20  of such an investment to the extent known.

21  (3) The Multi-Year Rate Plan shall be implemented

22  through a tariff filed with the Commission consistent with

23  the provisions of this paragraph (3) that shall apply to

24  all delivery service customers. The Commission shall

25  initiate and conduct an investigation of the tariff in a

26  manner consistent with the provisions of this paragraph
    SB2394 Enrolled          - 1954 - LRB104 09208 AMC 19265 b

1   (3) and the provisions of Article IX of this Act, to the

2   extent they do not conflict with this paragraph (3). The

3   Multi-Year Rate Plan approved by the Commission shall do

4   the following:

5   (A) Provide for the recovery of the utility's

6   forecasted rate base, based on the 4-year investment

7   plan and the utility's Integrated Grid Plan. The

8   forecasted rate base must include the utility's

9   planned capital investments, with rates based on

10  average          annual  plant  investment,      and

11  investment-related costs, including income tax

12  impacts, depreciation, and ratemaking adjustments and

13  costs that are prudently incurred and reasonable in

14  amount consistent with Commission practice and law.

15  The process used to develop the forecasts must be

16  iterative, rigorous, and lead to forecasts that

17  reasonably represent the utility's investments during

18  the forecasted period and ensure that the investments

19  are projected to be used and useful during the annual

20  investment period and least cost, consistent with the

21  provisions of Articles VIII and IX of this Act.

22  (B) The cost of equity shall be approved by the

23  Commission consistent with Commission practice and

24  law.

25  (C) The revenue requirement shall reflect the

26  utility's actual capital structure for the applicable
    SB2394 Enrolled  - 1955 - LRB104 09208 AMC 19265 b

1   calendar year. A year-end capital structure that

2   includes a common equity ratio of up to and including

3   50% of the total capital structure shall be deemed

4   prudent and reasonable. A higher common equity ratio

5   must be specifically approved by the Commission.

6   (D) (Blank).

7   (E) Provide for recovery of prudent and reasonable

8   projected operating expenses, giving effect to

9   ratemaking adjustments, consistent with Commission

10  practice and law under Article IX of this Act.

11  Operating expenses for years after the first year of

12  the Multi-Year Rate Plan may be estimated by the use of

13  known and measurable changes, expense reductions

14  associated with planned capital investments as

15  appropriate, and reasonable and appropriate

16  escalators, indices, or other metrics.

17  (F) Amortize the amount of unprotected

18  property-related excess accumulated deferred income

19  taxes in rates as of January 1, 2023 over a period

20  ending December 31, 2027, unless otherwise required to

21  amortize the excess deferred income tax pursuant to

22  Section 16-108.21 of this Act.

23  (G) Allow recovery of incentive compensation

24  expense that is based on the achievement of

25  operational metrics, including metrics related to

26  budget controls, outage duration and frequency,
    SB2394 Enrolled  - 1956 - LRB104 09208 AMC 19265 b

1   safety, customer service, efficiency and productivity,

2   environmental compliance and attainment of

3   affordability and environmental goals, and other goals

4   and metrics approved by the Commission. Incentive

5   compensation expense that is based on net income or an

6   affiliate's earnings per share shall not be

7   recoverable.

8   (H) To the maximum extent practicable, align the

9   4-year investment plan and annual capital budgets with

10  the electric utility's Multi-Year Integrated Grid

11  Plan.

12  (4) The Commission shall establish annual rates for

13  each year of the Multi-Year Rate Plan that accurately

14  reflect and are based only upon the utility's reasonable

15  and prudent costs of service over the term of the plan,

16  including the effect of all ratemaking adjustments

17  consistent with Commission practice and law as determined

18  by the Commission, provided that the costs are not being

19  recovered elsewhere in rates. Tariff riders authorized by

20  the Commission may continue outside of a plan authorized

21  under this Section to the extent such costs are not

22  recovered elsewhere in rates. For the first Multi-Year

23  Rate Plan multi-year rate plan, the burden of proof shall

24  be on the electric utility to establish the prudence of

25  investments and expenditures and to establish that such

26  investments consistent with and reasonably necessary to
    SB2394 Enrolled  - 1957 - LRB104 09208 AMC 19265 b

1   meet the requirements of the utility's first approved

2   Multi-Year Integrated Grid Plan described in Section

3   16-105.17 of this Act. For subsequent Multi-Year Rate

4   Plans, the burden of proof shall be on the electric

5   utility to establish the prudence of investments and

6   expenditures and to establish that such investments are

7   consistent with and reasonably necessary to meet the

8   requirements of the utility's most recently approved

9   Multi-Year Integrated Grid Plan described in Section

10  16-105.17 of this Act. The sole fact that a cost differs

11  from that incurred in a prior period or that an investment

12  is different from that described in the Multi-Year

13  Integrated Grid Plan shall not imply the imprudence or

14  unreasonableness of that cost or investment. The sole fact

15  that an investment is the same or similar to that

16  described in the Multi-Year Integrated Grid Plan shall not

17  imply prudence and reasonableness of that investment.

18  (5) To facilitate public transparency, all materials,

19  data, testimony, and schedules shall be provided to the

20  Commission in an editable, machine-readable electronic

21  format including .doc, .docx, .xls, .xlsx, and similar

22  file formats, but not including .pdf or .exif. Should

23  utilities designate any materials confidential, they shall

24  have an affirmative duty to explain why the particular

25  information is marked confidential. In determining

26  prudence and reasonableness of rates, the Commission shall
    SB2394 Enrolled       - 1958 - LRB104 09208 AMC 19265 b

1   make its determination based upon the record, including

2   each public comment filed or provided orally at open

3   meetings consistent with the Commission's rules and

4   practices.

5   (6) The Commission may, by order, establish terms,

6   conditions, and procedures for submitting and approving a

7   Multi-Year Rate Plan necessary to implement this Section

8   and ensure that rates remain just and reasonable during

9   the course of the plan, including terms and procedures for

10  rate adjustment.

11  (7) An electric utility that files a tariff pursuant

12  to paragraph (3) of this subsection (e) must submit a

13  one-time $300,000 filing fee at the time the Chief Clerk

14  of the Commission accepts the filing, which shall be a

15  recoverable expense.

16  (8) An electric utility operating under a Multi-Year

17  Rate Plan shall file a new Multi-Year Rate Plan at least

18  300 days prior to the end of the initial Multi-Year Rate

19  Plan unless it elects to file a general rate case pursuant

20  to paragraph (9), and every 4 years thereafter, with a

21  rate-effective date of the proposed tariffs such that,

22  after the Commission suspension period, the rates would

23  take effect immediately at the close of the final year of

24  the initial Multi-Year Rate Plan. In subsequent Multi-Year

25  Rate Plans, as in the initial plans, utilities and

26  stakeholders may propose additional metrics that achieve
    SB2394 Enrolled   - 1959 - LRB104 09208 AMC 19265 b

1   the outcomes described in paragraph (2) of subsection (f)

2   of this Section.

3   (9) Election of Rate Case.

4   (A) On or before the date prescribed by

5   subparagraph (B) of paragraph (9) of this Section,

6   electric utilities that serve more than 500,000 retail

7   customers in the State shall file either a general

8   rate case under Section 9-201 of this Act, or a

9   Multi-Year Rate Plan, as set forth in paragraph (1) of

10  this subsection (d).

11  (B) Electric utilities described in subparagraph

12  (A) of paragraph (9) of this Section shall file their

13  initial general rate case or Multi-Year Rate Plan, as

14  applicable, with the Commission no later than January

15  20, 2023.

16  (C) Notwithstanding which rate filing option an

17  electric utility elects to file on the date prescribed

18  by subparagraph (B) of paragraph (9) of this Section,

19  the electric utility shall be subject to the

20  Multi-year Integrated Plan filing requirements.

21  (D) Following its initial rate filing pursuant to

22  paragraph (2), an electric utility subject to the

23  requirements of this Section shall thereafter be

24  permitted to elect a different rate filing option

25  consistent with any filing intervals established for a

26  general rate case or Multi-Year Rate Plan, as follows:
    SB2394 Enrolled  - 1960 - LRB104 09208 AMC 19265 b

1                    (i) An electric utility that initially elected

2   to file a Multi-Year Rate Plan and thereafter

3   elects to transition to a general rate case may do

4   so upon completion of the 4-year Multi-Year Rate

5   Plan by filing a general rate case at the same time

6   that the utility would have filed its subsequent

7   Multi-Year Rate Plan, as specified in paragraph

8   (8) of this subsection (d). Notwithstanding this

9   election, the annual adjustment of the final year

10  of the Multi-Year Rate Plan shall proceed as

11  specified in paragraph (6) of subsection (f).

12                   (ii) An electric utility that initially

13  elected to a file general rate case and thereafter

14  elects to transition to a Multi-Year Rate Plan may

15  do so only at the 4-year filing intervals

16  identified by paragraph (8) of this subsection

17  (d).

18  (10) The Commission shall approve tariffs establishing

19  rate design for all delivery service customers unless the

20  electric utility makes the election specified in Section

21  16-105.5, in which case the rate design shall be subject

22  to the provisions of that Section.

23  (11) The Commission shall establish requirements for

24  annual performance evaluation reports to be submitted

25  annually for performance metrics. Such reports shall

26  include, but not be limited to, a description of the
    SB2394 Enrolled     - 1961 - LRB104 09208 AMC 19265 b

1   utility's performance under each metric and an

2   identification of any extraordinary events that adversely

3   affected the utility's performance.

4   (12) For the first Multi-Year Rate Plan, the

5   Commission shall consolidate its investigation with the

6   proceeding under Section 16-105.17 to establish the

7   Multi-Year Integrated Grid Plan no later than 45 days

8   after plan filing.

9   (13) Where a rate change under a Multi-Year Rate Plan

10  will result in a rate increase, an electric utility may

11  propose a rate phase-in plan that the Commission shall

12  approve with or without modification or deny in its final

13  order approving the new delivery services rates. A

14  proposed rate phase-in plan under this paragraph (13) must

15  allow the new delivery services rates to be implemented in

16  no more than 2 steps, as follows: in the first step, at

17  least 50% of the approved rate increase must be reflected

18  in rates, and, in the second step, 100% of the rate

19  increase must be reflected in rates. The second step's

20  rates must take effect no later than 12 months after the

21  first step's rates were placed into effect. The portion of

22  the approved rate increase not implemented in the first

23  step shall be recorded on the electric utility's books as

24  a regulatory asset, and shall accrue carrying costs to

25  ensure that the utility does not recover more or less than

26  it otherwise would because of the deferral. This portion
    SB2394 Enrolled         - 1962 - LRB104 09208 AMC 19265 b

1   shall be recovered, with such carrying costs at the

2   weighted average cost of capital, through a surcharge

3   applied to retail customer bills that (i) begins no later

4   than 12 months after the date on which the second step's

5   rates went into effect and (ii) is applied over a period

6   not to exceed 24 months. Nothing in this paragraph is

7   intended to limit the Commission's authority to mitigate

8   the impact of rates caused by rate plans, or any other

9   instance on a revenue-neutral basis; nor shall it mitigate

10  a utility's ability to make proposals to mitigate the

11  impact of rates. When a deferral, or similar method, is

12  used to mitigate the impact of rates, the utility should

13  be allowed to recover carrying costs.

14  (14) Notwithstanding the provisions of paragraph

15  Section (13), the Commission may, on its own initiative,

16  take revenue-neutral measures to relieve the impact of

17  rate increases on customers. Such initiatives may be taken

18  by the Commission in the first Multi-Year Rate Plan,

19  subsequent multi-year plans, or in other instances

20  described in this Act.

21  (15) Whenever during the pendency of a Multi-Year

22  Multi-year Rate Plan, an electric utility subject to this

23  Section becomes aware that, due to circumstances beyond

24  its control, prudent operating practices will require the

25  utility to make adjustments to the Multi-Year Rate Plan,

26  the electric utility may file a petition with the
    SB2394 Enrolled  - 1963 - LRB104 09208 AMC 19265 b

1   Commission requesting modification of the approved annual

2   revenue requirements included in the Multi-Year Rate Plan.

3   The electric utility must support its request with

4   evidence demonstrating why a modification is necessary,

5   due to circumstances beyond the utility's control, to

6   follow prudent operating practices and must set forth the

7   changes to each annual revenue requirement to be approved,

8   and the basis for any changes in anticipated operating

9   expenses or capital investment levels. The utility shall

10  affirmatively address the impact of the changes on the

11  Multi-Year Integrated Grid Plan and Multi-Year Rate Plan

12  originally submitted and approved by the Commission. Any

13  interested party may file an objection to the changes

14  proposed, or offer alternatives to the utility's proposal,

15  as supported by testimony and evidence. After notice and

16  hearing, the Commission shall issue a final order

17  regarding the electric utility's request no later than 180

18  days after the filing of the petition.

19  (e) Performance incentive mechanisms.

20  (1) The electric industry is undergoing rapid

21  transformation, including fundamental changes in how

22  electricity is generated, procured, and delivered and how

23  customers are choosing to participate in the supply and

24  delivery of electricity to and from the electric grid.

25  Building upon the State's goals to increase the

26  procurement of electricity from renewable energy
    SB2394 Enrolled  - 1964 - LRB104 09208 AMC 19265 b

1   resources, including distributed generation and storage

2   devices, the General Assembly finds that electric

3   utilities should make cost-effective investments that

4   support moving forward on Illinois' clean energy policies.

5   It is therefore in the State's interest for the Commission

6   to establish performance incentive mechanisms in order to

7   better tie utility revenues to performance and customer

8   benefits, accelerate progress on Illinois energy and other

9   goals, ensure equity and affordability of rates for all

10  customers, including low-income customers, and hold

11  utilities publicly accountable.

12  (2) The Commission shall approve, based on the

13  substantial evidence proffered in the proceeding initiated

14  pursuant to this subsection performance metrics that, to

15  the extent practicable and achievable by the electric

16  utility, encourage cost-effective, equitable utility

17  achievement of the outcomes described in this subsection

18  (e) while ensuring no degradation in the significant

19  performance improvement achieved through previously

20  established performance metrics. For each electric

21  utility, the Commission shall approve metrics designed to

22  achieve incremental improvements over baseline performance

23  values and targets, over a performance period of up to 10

24  years, and no less than 4 years.

25  (A) The Commission shall approve no more than 8

26  metrics, with at least one metric from each of the
    SB2394 Enrolled  - 1965 - LRB104 09208 AMC 19265 b

1   categories below, for each electric utility, from

2   items subparagraphs (i) through (vi) of this

3   subparagraph subsection (A). Upon a utility request,

4   the Commission may approve the use of a specific,

5   measurable, and achievable tracking metric described

6   in paragraph (3) of this subsection (e) as a

7   performance metric pursuant to paragraph (2) of this

8   subsection (e).

9                    (i) Metrics designed to ensure the utility

10  maintains and improves the high standards of both

11  overall and locational reliability and resiliency,

12  and makes improvements in power quality, including

13  and particularly in environmental justice and

14  equity investment eligible communities.

15                   (ii) Peak load reductions attributable to

16  demand response programs.

17                   (iii) Supplier diversity expansion, including

18  diverse contractor participation in professional

19  services, subcontracting, and prime contracting

20  opportunities, development of programs that

21  address the barriers to access, aligning

22  demographics of contractors to the demographics in

23  the utility's service territory, establish

24  long-term mentoring relationships that develop and

25  remove barriers to access for diverse and

26  underserved contractors. The utilities shall
    SB2394 Enrolled  - 1966 - LRB104 09208 AMC 19265 b

1   provide solutions, resources, and tools to address

2   complex barriers of entry related to costly and

3   time-intensive cyber security requirements,

4   increasingly complex information technology

5   requirements, insurance barriers, service provider

6   sign-up process barriers, administrative process

7   barriers, and other barriers that inhibit access

8   to RFPs and contracts. For programs with contracts

9   over $1,000,000, winning bidders must demonstrate

10  a subcontractor development or mentoring

11  relationship with at least one of their diverse

12  subcontracting partners for a core component of

13  the scope of the project. The mentoring time and

14  cost shall be taken into account in the creation

15  of RFP and shall include a structured and measured

16  plan by the prime contractor to increase the

17  capabilities of the subcontractor in their

18  proposed scope. The metric shall include reporting

19  on all supplier diversity programs by goals,

20  program results, demographics and geography, with

21  separate reporting by category of minority-owned,

22  female-owned, veteran-owned, and disability-owned

23  business enterprise metrics. The report shall

24  include resources and expenses committed to the

25  programs and conversion rates of new diverse

26  utility contractors.
    SB2394 Enrolled  - 1967 - LRB104 09208 AMC 19265 b

1                    (iv) Achieve affordable customer delivery

2   service costs, with particular emphasis on keeping

3   the bills of lower-income households, households

4   in equity investment eligible communities, and

5   household in environmental justice communities

6   within a manageable portion of their income and

7   adopting credit and collection policies that

8   reduce disconnections for these households

9   specifically and for customers overall to ensure

10  equitable disconnections, late fees, or arrearages

11  as a result of utility credit and collection

12  practices, which may include consideration of

13  impact by zip code.

14                   (v) Metrics designed around the utility's

15  timeliness       to  customer  requests  for

16  interconnection in key milestone areas, such as:

17  initial response, supplemental review, and system

18  feasibility study; improved average service

19  reliability index for those customers that have

20  interconnected a distributed renewable energy

21  generation device to the utility's distribution

22  system and are lawfully taking service under an

23  applicable tariff; offering a variety of

24  affordable rate options, including demand

25  response, time of use rates for delivery and

26  supply, real-time pricing rates for supply;
    SB2394 Enrolled  - 1968 - LRB104 09208 AMC 19265 b

1   comprehensive and predictable net metering, and

2   maximizing the benefits of grid modernization and

3   clean energy for ratepayers; and improving

4   customer access to utility system information

5   according to consumer demand and interest.

6                    (vi) Metrics designed to measure the utility's

7   customer service performance, which may include

8   the average length of time to answer a customer's

9   call by a customer service representative, the

10  abandoned call rate and the relative ranking of

11  the electric utility, by a reputable third-party

12  organization, in customer service satisfaction

13  when compared to other similar electric utilities

14  in the Midwest region.

15  (B) Performance metrics shall include a

16  description of the metric, a calculation method, a

17  data collection method, annual performance targets,

18  and any incentives or penalties for the utility's

19  achievement of, or failure to achieve, their

20  performance targets, provided that the total amount of

21  potential incentives and penalties shall be

22  symmetrical. Incentives shall be rewards or penalties

23  or both, reflected as basis points added to, or

24  subtracted from, the utility's cost of equity. The

25  metrics and incentives shall apply for the entire time

26  period covered by a Multi-Year Rate Plan. The total
    SB2394 Enrolled  - 1969 - LRB104 09208 AMC 19265 b

1   for all metrics shall be equal to 40 basis points,

2   however, the Commission may adjust the basis points

3   upward or downward by up to 20 basis points for any

4   given Multi-Year Rate Plan, as appropriate, but in no

5   event may the total exceed 60 basis points or fall

6   below 20 basis points.

7   (C) Metrics related to reliability shall be

8   implemented to ensure equitable benefits to

9   environmental justice and equity investment eligible

10  communities, as defined in this Act.

11  (D) The Commission shall approve performance

12  metrics that are reasonably within control of the

13  utility to achieve. The Commission also shall not

14  approve a metric that is solely expected to have the

15  effect of reducing the workforce. Performance metrics

16  should measure outcomes and actual, rather than

17  projected, results where possible. Nothing in this

18  subparagraph paragraph is intended to require that

19  different electric utilities must be subject to the

20  same metrics, goals, or incentives.

21  (E) Increases or enhancements to an existing

22  performance goal or target shall be considered in

23  light of other metrics, cost-effectiveness, and other

24  factors the Commission deems appropriate. Performance

25  metrics shall include one year of tracking data

26  collected in a consistent manner, verifiable by an
    SB2394 Enrolled  - 1970 - LRB104 09208 AMC 19265 b

1   independent evaluator in order to establish a baseline

2   and measure outcomes and actual results against

3   projections where possible.

4   (F) For the purpose of determining reasonable

5   performance metrics and related incentives, the

6   Commission shall develop a methodology to calculate

7   net benefits that includes customer and societal costs

8   and benefits and quantifies the effect on delivery

9   rates. In determining the appropriate level of a

10  performance incentive, the Commission shall consider:

11  the extent to which the amount is likely to encourage

12  the utility to achieve the performance target in the

13  least cost manner; the value of benefits to customers,

14  the grid, public health and safety, and the

15  environment from achievement of the performance

16  target, including in particular benefits to equity

17  investment eligible community; the affordability of

18  customer's electric bills, including low-income

19  customers, the utility's revenue requirement, the

20  promotion of renewable and distributed energy, and

21  other such factors that the Commission deems

22  appropriate. The consideration of these factors shall

23  result in an incentive level that ensures benefits

24  exceed costs for customers.

25  (G) Achievement of performance metrics are based

26  on the assumptions that the utility will adopt or
    SB2394 Enrolled  - 1971 - LRB104 09208 AMC 19265 b

1   implement the technology and equipment, and make the

2   investments to the extent reasonably necessary to

3   achieve the goal. If the electric utility is unable to

4   meet the performance metrics as a result of

5   extraordinary circumstances outside of its control,

6   including, but not limited to, government-declared

7   emergencies, then the utility shall be permitted to

8   file a petition with the Commission requesting that

9   the utility be excused from compliance with the

10  applicable performance goal or goals and the

11  associated financial incentives and penalties. The

12  burden of proof shall be on the utility, consistent

13  with Article IX, and the utility's petition shall be

14  supported by substantial evidence. The Commission

15  shall, after notice and hearing, enter its order

16  approving or denying, in whole or in part, the

17  utility's petition based on the extent to which the

18  utility demonstrated that its achievement of the

19  affected metrics and performance goals was hindered by

20  extraordinary circumstances outside of the utility's

21  control.

22  (3) The Commission shall approve reasonable and

23  appropriate tracking metrics to collect and monitor data

24  for the purpose of measuring and reporting utility

25  performance and for establishing future performance

26  metrics. These additional tracking metrics shall include
    SB2394 Enrolled  - 1972 - LRB104 09208 AMC 19265 b

1   at least one metric from each of the following categories

2   of performance:

3   (A) Minimize emissions of greenhouse gases and

4   other air pollutants that harm human health,

5   particularly in environmental justice and equity

6   investment eligible communities, through minimizing

7   total emissions by accelerating electrification of

8   transportation, buildings, and industries where such

9   electrification results in net reductions, across all

10  fuels and over the life of electrification measures,

11  of greenhouse gases and other pollutants, taking into

12  consideration the fuel mix used to produce electricity

13  at the relevant hour and the effect of accelerating

14  electrification on electricity delivery services

15  rates, supply prices, and peak demand, provided the

16  revenues the utility receives from accelerating

17  electrification of transportation, buildings, and

18  industries exceed the costs.

19  (B) Enhance the grid's flexibility to adapt to

20  increased deployment of nondispatchable resources,

21  improve the ability and performance of the grid on

22  load balancing, and offer a variety of rate plans to

23  match consumer consumption patterns and lower consumer

24  bills for electricity delivery and supply.

25  (C) Ensure rates reflect cost savings attributable

26  to grid modernization and utilize distributed energy
    SB2394 Enrolled    - 1973 - LRB104 09208 AMC 19265 b

1   resources that allow the utility to defer or forgo

2   traditional grid investments that would otherwise be

3   required to provide safe and reliable service.

4   (D) Metrics designed to create and sustain

5   full-time-equivalent jobs and opportunities for all

6   segments of the population and workforce, including

7   minority-owned businesses, women-owned businesses,

8   veteran-owned businesses, and businesses owned by a

9   person or persons with a disability, and that do not,

10  consistent with State and federal law, discriminate

11  based on race or socioeconomic status as a result of

12  Public Act 102-662 this amendatory Act of the 102nd

13  General Assembly.

14  (E) Maximize and prioritize the allocation of grid

15  planning benefits to environmental justice and

16  economically disadvantaged customers and communities,

17  such that all metrics provide equitable benefits

18  across the utility's service territory and maintain

19  and improve utility customers' access to uninterrupted

20  utility services.

21  (4) The Commission may establish new tracking and

22  performance metrics in future Multi-Year Rate Plans to

23  further measure achievement of the outcomes set forth in

24  paragraph (2) of subsection (f) of this Section and the

25  other goals and requirements of this Section.

26  (5) The Commission shall also evaluate metrics that
    SB2394 Enrolled        - 1974 - LRB104 09208 AMC 19265 b

1   were established in prior Multi-Year Rate Plans to

2   determine if there has been an unanticipated material

3   change in circumstances such that adjustments are required

4   to improve the likelihood of the outcomes described in

5   paragraph (2) of subsection (f). For metrics that were

6   established in prior Multi-Year Rate Plan proceedings and

7   that the Commission elects to continue, the design of

8   these metrics, including the goals of tracking metrics and

9   the targets and incentive levels and structures of

10  performance metrics, may be adjusted pursuant to the

11  requirements in this Section. The Commission may also

12  change, adjust, or phase out tracking and performance

13  metrics that were established in prior Multi-Year Rate

14  Plan proceedings if these metrics no longer meet the

15  requirements of this Section or if they are rendered

16  obsolete by the changing needs and technology of an

17  evolving grid. Additionally, performance metrics that no

18  longer require an incentive to create improved utility

19  performance may become tracking metrics in a Multi-Year

20  Rate Plan proceeding.

21  (6) The Commission shall initiate a workshop process

22  no later than August 1, 2021, or 15 days after September

23  15, 2021 (the effective date of Public Act 102-662) this

24  amendatory Act of the 102nd General Assembly, whichever is

25  later, for the purpose of facilitating the development of

26  metrics for each utility. The workshop shall be
    SB2394 Enrolled  - 1975 - LRB104 09208 AMC 19265 b

1   coordinated by the staff of the Commission, or a

2   facilitator retained by staff, and shall be organized and

3   facilitated in a manner that encourages representation

4   from diverse stakeholders and ensures equitable

5   opportunities for participation, without requiring formal

6   intervention or representation by an attorney. Working

7   with staff of the Commission the facilitator may conduct a

8   combination of workshops specific to a utility or

9   applicable to multiple utilities where content and

10  stakeholders are substantially similar. The workshop

11  process shall conclude no later than October 31, 2021.

12  Following the workshop, the staff of the Commission, or

13  the facilitator retained by the Staff, shall prepare and

14  submit a report to the Commission that identifies the

15  participants in the process, the metrics proposed during

16  the process, any material issues that remained unresolved

17  at the conclusions of such process, and any

18  recommendations for workshop process improvements. Any

19  workshop participant may file comments and reply comments

20  in response to the Staff report.

21  (A) No later than January, 20, 2022, each electric

22  utility that intends to file a petition pursuant to

23  subsection (b) of this Section shall file a petition

24  with the Commission seeking approval of its

25  performance metrics, which shall include for each

26  metric, at a minimum, (i) a detailed description, (ii)
    SB2394 Enrolled  - 1976 - LRB104 09208 AMC 19265 b

1   the calculation of the baseline, (iii) the performance

2   period and overall performance goal, provided that the

3   performance period shall not commence prior to January

4   1, 2024, (iv) each annual performance goal, (v) the

5   performance adjustment, which shall be a symmetrical

6   basis point increase or decrease to the utility's cost

7   of equity based on the extent to which the utility

8   achieved the annual performance goal, and (vi) the new

9   or modified tariff mechanism that will apply the

10  performance adjustments. The Commission shall issue

11  its order approving, or approving with modification,

12  the utility's proposed performance metrics no later

13  than September 30, 2022.

14  (B) No later than August 1, 2025, the Commission

15  shall initiate a workshop process that conforms to the

16  workshop purpose and requirements of this paragraph

17  (6) of this Section to the extent they do not conflict.

18  The workshop process shall conclude no later than

19  October 31, 2025, and the staff of the Commission, or

20  the facilitator retained by the Staff, shall prepare

21  and submit a report consistent with the requirements

22  described in this paragraph (6) of this Section. No

23  later than January 20, 2026, each electric utility

24  subject to the requirements of this Section shall file

25  a petition the reflects, and is consistent with, the

26  components required in this paragraph (6) of this
    SB2394 Enrolled      - 1977 - LRB104 09208 AMC 19265 b

1   Section, and the Commission shall issue its order

2   approving, or approving with modification, the

3   utility's proposed performance metrics no later than

4   September 30, 2026.

5   (f) On May 1 of each year, following the approval of the

6 first Multi-Year Rate Plan and its initial year, the

7 Commission shall open an annual performance evaluation

8 proceeding to evaluate the utilities' performance on their

9 metric targets during the year just completed, as well as the

10 appropriate Annual Adjustment as defined in paragraph (6). The

11 Commission shall determine the performance and annual

12 adjustments to be applied through a surcharge in the following

13 calendar year.

14  (1) On February 15 of each year, prior to the annual

15  performance evaluation proceeding, each utility shall file

16  a performance evaluation report with the Commission that

17  includes a description of and all data supporting how the

18  utility performed under each performance metric and an

19  identification of any extraordinary events that adversely

20  impacted the utility's performance.

21  (2) The metrics approved under this Section are based

22  on the assumptions that the utility may fully implement

23  the technology and equipment, and make the investments,

24  required to achieve the metrics and performance goals. If

25  the utility is unable to meet the metrics and performance

26  goals because it was hindered by unanticipated technology
    SB2394 Enrolled  - 1978 - LRB104 09208 AMC 19265 b

1   or equipment implementation delays, government-declared

2   emergencies, or other investment impediments, then the

3   utility shall be permitted to file a petition with the

4   Commission on or before the date that its report is due

5   pursuant to paragraph (1) of this subsection (f)

6   requesting that the utility be excused from compliance

7   with the applicable performance goal or goals. The burden

8   of proof shall be on the utility, consistent with Article

9   IX, and the utility's petition shall be supported by

10  substantial evidence. No later than 90 days after the

11  utility files its petition, the Commission shall, after

12  notice and hearing, enter its order approving or denying,

13  in whole or in part, the utility's petition based on the

14  extent to which the utility demonstrated that its

15  achievement of the affected metrics and performance goals

16  was hindered by unanticipated technology or equipment

17  implementation delays, or other investment impediments,

18  that were reasonably outside of the utility's control.

19  (3) The electric utility shall provide for an annual

20  independent evaluation of its performance on metrics. The

21  independent evaluator shall review the utility's

22  assumptions,     baselines,  targets,  calculation

23  methodologies, and other relevant information, especially

24  ensuring that the utility's data for establishing

25  baselines matches actual performance, and shall provide a

26  report to the Commission in each annual performance
    SB2394 Enrolled  - 1979 - LRB104 09208 AMC 19265 b

1   evaluation describing the results. The independent

2   evaluator shall present this report as evidence as a

3   nonparty participant and shall not be represented by the

4   utility's legal counsel. The independent evaluator shall

5   be hired through a competitive bidding process with

6   approval of the contract by the Commission.

7   The Commission shall consider the report of the

8   independent evaluator in determining the utility's

9   achievement of performance targets. Discrepancies between

10  the utility's assumptions, baselines, targets, or

11  calculations and those of the independent evaluator shall

12  be closely scrutinized by the Commission. If the

13  Commission finds that the utility's reported data for any

14  metric or metrics significantly and incorrectly deviates

15  from the data reported by the independent evaluator, then

16  the Commission shall order the utility to revise its data

17  collection and calculation process within 60 days, with

18  specifications where appropriate.

19  (4) The Commission shall, after notice and hearing in

20  the annual performance evaluation proceeding, enter an

21  order approving the utility's performance adjustment based

22  on its achievement of or failure to achieve its

23  performance targets no later than December 20 each year.

24  The Commission-approved penalties or incentives shall be

25  applied beginning with the next calendar year.

26  (5) In order to promote the transparency of utility
    SB2394 Enrolled  - 1980 - LRB104 09208 AMC 19265 b

1   investments during the effective period of a multi-year

2   rate plan, inform the Commission's investigation and

3   adjustment of rates in the annual adjustment process, and

4   to facilitate the participation of stakeholders in the

5   annual adjustment process, an electric utility with an

6   effective Multi-Year Rate Plan shall, within 90 days of

7   the close of each quarter during the Multi-Year Rate Plan

8   period, submit to the Commission a report that summarizes

9   the additions to utility plant that were placed into

10  service during the prior quarter, which for purposes of

11  the report shall be the most recently closed fiscal

12  quarter. The report shall also summarize the utility plant

13  the electric utility projects it will place into service

14  through the end of the calendar year in which the report is

15  filed. The projections, estimates, plans, and

16  forward-looking information that are provided in the

17  reports pursuant to this paragraph (5) are for planning

18  purposes and are intended to be illustrative of the

19  investments that the utility proposes to make as of the

20  time of submittal. Nothing in this paragraph (5)

21  precludes, or is intended to limit, a utility's ability to

22  modify and update its projections, estimates, plans, and

23  forward-looking information previously submitted in order

24  to reflect stakeholder input or other new or updated

25  information and analysis, including, but not limited to,

26  changes in specific investment needs, customer electric
    SB2394 Enrolled  - 1981 - LRB104 09208 AMC 19265 b

1   use patterns, customer applications and preferences, and

2   commercially available equipment and technologies, however

3   the utility shall explain any changes or deviations

4   between the projected investments from the quarterly

5   reports and actual investments in the annual report. The

6   reports submitted pursuant to this subsection are intended

7   to be flexible planning tools, and are expected to evolve

8   as new information becomes available. Within 7 days of

9   receiving a quarterly report, the Commission shall timely

10  make such report available to the public by posting it on

11  the Commission's website. Each quarterly report shall

12  include the following detail:

13  (A) The total dollar value of the additions to

14  utility plant placed in service during the prior

15  quarter;

16  (B) A list of the major investment categories the

17  electric utility used to manage its routine standing

18  operational activities during the prior quarter

19  including the total dollar amount for the work

20  reflected in each investment category in which utility

21  plant in service is equal to or greater than

22  $2,000,000 for an electric utility that serves more

23  than 3,000,000 customers in the State or $500,000 for

24  an electric utility that serves less than 3,000,000

25  customers but more than 500,000 customers in the State

26  as of the last day of the quarterly reporting period,
    SB2394 Enrolled  - 1982 - LRB104 09208 AMC 19265 b

1   as well as a summary description of each investment

2   category;

3   (C) A list of the projects which the electric

4   utility has identified by a unique investment tracking

5   number for utility plant placed in service during the

6   prior quarter for utility plant placed in service with

7   a total dollar value as of the last day of the

8   quarterly reporting period that is equal to or greater

9   than $2,000,000 for an electric utility that serves

10  more than 3,000,000 customers in the State or $500,000

11  for an electric utility that serves less than

12  3,000,000 retail customers but more than $500,000

13  retail customers in the State, as well as a summary of

14  each project;

15  (D) The estimated total dollar value of the

16  additions to utility plant projected to be placed in

17  service through the end of the calendar year in which

18  the report is filed;

19  (E) A list of the major investment categories the

20  electric utility used to manage its routine standing

21  operational activities with utility plant projected to

22  be placed in service through the end of the calendar

23  year in which the report is filed, including the total

24  dollar amount for the work reflected in each

25  investment category in which utility plant in service

26  is projected to be equal to or greater than $2,000,000
    SB2394 Enrolled  - 1983 - LRB104 09208 AMC 19265 b

1   for an electric utility that serves more than

2   3,000,000 customers in the State or $500,000 for an

3   electric utility that serves less than 3,000,000

4   retail customers but more than 500,000 retail

5   customers in the State, as well as a summary

6   description of each investment category; and

7   (F) A list of the projects for which the electric

8   utility has identified by a unique investment tracking

9   number for utility plant projected to be placed in

10  service through the end of the calendar year in which

11  the report is filed with an estimated dollar value

12  that is equal to or greater than $2,000,000 for an

13  electric utility that serves more than 3,000,000

14  customers in the State or $500,000 for an electric

15  utility that serves less than 3,000,000 retails

16  customers but more than $500,000 retail customers in

17  the State, as well as a summary description of each

18  project.

19  (6) As part of the Annual Performance Adjustment, the

20  electric utility shall submit evidence sufficient to

21  support a determination of its actual revenue requirement

22  for the applicable calendar year, consistent with the

23  provisions of paragraphs (d) and (f) of this subsection.

24  The electric utility shall bear the burden of

25  demonstrating that its costs were prudent and reasonable,

26  subject to the provisions of paragraph (4) of this
    SB2394 Enrolled  - 1984 - LRB104 09208 AMC 19265 b

1   subsection (f). The Commission's review of the electric

2   utility's annual adjustment shall be based on the same

3   evidentiary standards, including, but not limited to,

4   those concerning the prudence and reasonableness of the

5   known and measurable costs forecasted to be incurred by

6   the utility, and the used and usefulness of the actual

7   plant investment pursuant to Section 9-211 of this Act,

8   that the Commission applies in a proceeding to review a

9   filing for changes in rates pursuant to Section 9-201 of

10  this Act. The Commission shall determine the prudence and

11  reasonableness of the actual costs incurred by the utility

12  during the applicable calendar year, as well as determine

13  the original cost of plant in service as of the end of the

14  applicable calendar year. The Commission shall then

15  determine the Annual Adjustment, which shall mean the

16  amount by which, the electric utility's actual revenue

17  requirement for the applicable year of the Multi-Year Rate

18  Plan either exceeded, or was exceeded by, the revenue

19  requirement approved by the Commission for such calendar

20  year, plus carrying costs calculated at the weighted

21  average cost of capital approved for the Multi-Year Rate

22  Plan.

23  The Commission's determination of the electric

24  utility's actual revenue requirement for the applicable

25  calendar year shall be based on:

26         (A) the Commission-approved used and useful,
    SB2394 Enrolled  - 1985 - LRB104 09208 AMC 19265 b

1   prudent and reasonable actual costs for the applicable

2   calendar year, which shall be determined pursuant to

3   the following criteria:

4                    (i) the The overall level of actual costs

5   incurred during the calendar year, provided that

6   the Commission may not allow recovery of actual

7   costs that are more than 105% of the approved

8   revenue requirement calculated as provided in item

9   (ii) of this subparagraph (A), except to the

10  extent the Commission approves a modification of

11  the Multi-Year Rate Plan to permit such recovery;.

12                   (ii) the The calculation of 105% of the

13  revenue requirement required by this subparagraph

14  (A) shall exclude the revenue requirement impacts

15  of the following volatile and fluctuating

16  variables that occurred during the year: (i)

17  storms and weather-related events for which the

18  utility provides sufficient evidence to

19  demonstrate that such expenses were not

20  foreseeable and not in control of the utility;

21  (ii) new business; (iii) changes in interest

22  rates; (iv) changes in taxes; (v) facility

23  relocations; (vi) changes in pension or

24  post-retirement benefits costs due to fluctuations

25  in interest rates, market returns or actuarial

26  assumptions; (vii) amortization expenses related
    SB2394 Enrolled          - 1986 - LRB104 09208 AMC 19265 b

1   to costs; and (viii) changes in the timing of when

2   an expenditure or investment is made such that it

3   is accelerated to occur during the applicable year

4   or deferred to occur in a subsequent year;.

5   (B) the year-end rate base;

6   (C) the cost of equity approved in the multi-year

7   rate plan; and

8   (D) the electric utility's actual year-end capital

9   structure, provided that the common equity ratio in

10  such capital structure may not exceed the common

11  equity ratio that was approved by the Commission in

12  the Multi-Year Rate Plan.

13  (2) The Commission's determinations of the prudence

14  and reasonableness of the costs incurred for the

15  applicable year, and of the original cost of plant in

16  service as of the end of the applicable calendar year,

17  shall be final upon entry of the Commission's order and

18  shall not be subject to collateral attack in any other

19  Commission proceeding, case, docket, order, rule, or

20  regulation; however, nothing in this Section shall

21  prohibit a party from petitioning the Commission to rehear

22  or appeal to the courts the order pursuant to the

23  provisions of this Act.

24  (g) During the period leading to approval of the first

25 Multi-Year Integrated Grid Plan, each electric utility will

26 necessarily continue to invest in its distribution grid. Those
    SB2394 Enrolled            - 1987 - LRB104 09208 AMC 19265 b

1 investments will be subject to a determination of prudence and

2 reasonableness consistent with Commission practice and law.

3 Any failure to conform to the Multi-Year Integrated Grid Plan

4 ultimately approved shall not imply imprudence or

5 unreasonableness.

6   (h) After calculating the Performance Adjustment and

7 Annual Adjustment, the Commission shall order the electric

8 utility to collect the amount in excess of the revenue

9 requirement from customers, or issue a refund to customers, as

10 applicable, to be applied through a surcharge beginning with

11 the next calendar year.

12  Electric utilities subject to the requirements of this

13 Section shall be permitted to file new or revised tariffs to

14 comply with the provisions of, and Commission orders entered

15 pursuant to, this Section.

16 (Source: P.A. 102-662, eff. 9-15-21; revised 7-19-24.)

17  Section 810. The Illinois Underground Utility Facilities

18 Damage Prevention Act is amended by changing Sections 2, 4.1,

19 10, and 12 as follows:

20  (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)

21  Sec. 2. Definitions. As used in this Act, unless the

22 context clearly otherwise requires, the terms specified in

23 this Section have the meanings ascribed to them in this

24 Section.
    SB2394 Enrolled  - 1988 - LRB104 09208 AMC 19265 b

1   "Approximate location" means the location of the marked

2 facility that lies entirely within the tolerance zone.

3   Circumstances that are "beyond the reasonable control" of

4 a party include, but are not limited to, severe weather,

5 unforeseen mechanical issues, or site conditions. As used in

6 Section 11, "beyond the reasonable control" also includes, but

7 is not limited to, notice volumes or dig site notification

8 areas that exceed historical averages, as determined by the

9 reasonable control measurement, created as a result of

10 underground utility facility owners or operators or their

11 contractors or subcontractors' non-emergency requests for

12 utility excavation work for underground utility facility

13 owners or operators, that is not part of a large project that

14 has provided at least 60 days' days notice, and only applies to

15 the requests submitted by underground utility facility owners

16 or operators or their contractors or subcontractors'

17 non-emergency utility excavation work for underground utility

18 facility owners or operators.

19  "Damage" means the contact or dislocation of a facility

20 during excavation or demolition that necessitates immediate or

21 subsequent repair by the underground utility facility owner or

22 operator due to any partial or complete destruction of the

23 facility, including, but not limited to, the protective

24 coating, tracer wire, lateral support, cathodic protection, or

25 housing for the line or device of the facility.

26  "Damage notification" means a notification through JULIE
    SB2394 Enrolled      - 1989 - LRB104 09208 AMC 19265 b

1 to the underground utility facility owner or operator that

2 damage to a facility has occurred in the area of the excavation

3 or demolition.

4   "Day" means any day, beginning at 12:00 a.m. and ending at

5 11:59 p.m. "Day" does not include holidays recognized by

6 JULIE, Saturdays, Sundays, and the day of the actual notice.

7   "Demolition" means the wrecking, razing, rending, moving,

8 or removing of a structure by means of any power tool, power

9 equipment (exclusive of transportation equipment), or

10 explosives.

11  "Emergency request" means a request involving a condition

12 (1) that constitutes an imminent danger to life, health, or

13 property or a utility service outage (2) and that requires

14 repair or action before the expiration of 2 days.

15  "Excavation" means:

16  (1) any operation in which earth, rock, or other

17  material in or on the ground is moved, removed, or

18  otherwise displaced by means of any tools, power equipment

19  or explosives, and includes, without limitation, grading,

20  trenching, digging, ditching, drilling, augering, boring,

21  tunneling, scraping, cable or pipe plowing, saw cutting or

22  roadway surface milling when penetrating into the base or

23  subbase of a paved surface, and driving, but does not

24  include:

25              (A) farm tillage operations;

26              (B) railroad right-of-way maintenance;
    SB2394 Enrolled        - 1990 - LRB104 09208 AMC 19265 b

1   (C) coal mining operations regulated under the

2   federal Surface Mining Control and Reclamation Act of

3   1977 or any State law or rules or regulations adopted

4   under the federal statute;

5   (D) land surveying operations as defined in the

6   Illinois Professional Land Surveyor Act of 1989 when

7   not using power equipment;

8   (E) roadway surface milling;

9   (F) manually inserting, without the use of power

10  equipment, a temporary round-tipped ground or probe

11  rod as part of facility locating;

12  (G) manually inserting, without the use of power

13  equipment, a temporary round-tipped probe rod for bar

14  holing to determine the area of a potential leak from a

15  facility transporting hazardous gases or liquids; or

16  (H) manually inserting, without the use of power

17  equipment, a round-tipped ground rod for the purpose

18  of grounding utility equipment when an emergency

19  exists and no other ground source is available.

20  (2) An exclusion to this Section in no way prohibits a

21  request from being made for the marking of facilities.

22  (3) Any exception to excavation contained within this

23  Section is not intended to remove liability that may be

24  imposed against an individual or entity because of damage

25  caused to a facility.

26  "Excavator" means any person or legal entity, public or
    SB2394 Enrolled      - 1991 - LRB104 09208 AMC 19265 b

1 private, that engages in excavation or demolition work.

2   "Exposed notification" means a notification through JULIE

3 to the underground utility facility owner or operator that an

4 unmarked facility has been exposed in the area of the

5 excavation or demolition but has not been damaged.

6   "Extension" means a request made by an excavator, to

7 extend the expiration date of a normal notice to allow

8 additional time to continue or complete the excavation or

9 demolition project.

10  (1) An extension request may be made no earlier than

11  the 20th day from the initial normal notice request or

12  latest extension request.

13  (2) An extension request shall extend the expiration

14  of the initial normal notice request or latest extension

15  request by 25 days.

16  (3) An extension request may not be made simply to

17  keep a prior notice open without continued excavation

18  occurring within the period of that subsequent notice.

19  "Geographic information system data" means data to be

20 applied to JULIE software to facilitate a more clearly defined

21 notification area for notices sent to the system underground

22 utility facility owners or operators. "Geographic information

23 system data" includes, but is not limited to:

24  (1) address points with site addresses;

25  (2) parcels with site addresses;

26  (3) road center lines with names and address range;
    SB2394 Enrolled  - 1992 - LRB104 09208 AMC 19265 b

1   (4) city limits with names;

2   (5) political townships with names;

3   (6) railroads with names;

4   (7) streams with names; and

5   (8) water bodies with names.

6   "Historical averages" are used to determine benchmark

7 notice volumes or dig site notification areas for a particular

8 place. The notice volume is calculated for new and updated

9 requests requiring an underground utility facility owner or

10 operator response. It shall not include notices with a header

11 of no show noshow, incomplete, or no re-mark noremark. The dig

12 site notification area is calculated using the dig site

13 polygon on the notice. The 7-day 7 day look back shall be

14 calculated once daily at the conclusion of the previous

15 calendar day. "Historic averages" shall be determined by

16 comparing notice volumes or dig site notification areas over

17 the immediate past 7 calendar days to the same 7 calendar day

18 period for the past 5 years. A 5-year trimmed mean, removing

19 the highest and lowest years, and averaging the remaining 3

20 years, shall be the final determinant determinate of this

21 measurement. The official measurement of the notice volumes or

22 dig site notification areas shall be provided by JULIE.

23  "Incomplete request" means a notice initiated by an

24 excavator through JULIE to the underground utility facility

25 owners or operators notified in a prior request that such

26 underground utility facility owners or operators, as
    SB2394 Enrolled  - 1993 - LRB104 09208 AMC 19265 b

1 identified by the excavator and confirmed, through the

2 positive response system once implemented, in accordance with

3 subsection (a) of Section 5.1, did not completely mark the

4 entire extent or the entire segment of the proposed

5 excavation, as identified on the prior notice or as previously

6 documented and mutually agreed upon.

7   "Joint meet notification" means a notice of a meeting held

8 prior to the excavation phase to discuss projects that cannot

9 be adequately communicated within a normal notice request. The

10 meeting is intended to allow the exchange of maps, plans, or

11 schedules. It is not a locating session and shall be held at or

12 near the excavation site, or through electronic means, if

13 available and agreed to by all parties. "Joint meet

14 notification" are not to be used in lieu of valid normal notice

15 requests and are required for, but not limited to, large

16 projects.

17  "JULIE, Inc." or "JULIE" means the communication system

18 known as "JULIE, Inc." or "JULIE", utilized by excavators,

19 designers, or any other entities covered by this Act to notify

20 underground utility facility owners or operators of their

21 intent to perform excavation or demolition or similar work as

22 defined by this Act and shall include all underground utility

23 facilities owned or operated outside the city limits of the

24 City of Chicago.

25  "Large project" means a single excavation that exceeds the

26 expiration date of a normal notice request, or involves a
    SB2394 Enrolled      - 1994 - LRB104 09208 AMC 19265 b

1 series of repetitive, related-scope excavations.

2   "Normal notice request" means a notification made by an

3 excavator, through JULIE, in advance of a planned excavation

4 or demolition.

5   (1) The notification shall be made at least 2 days,

6   but no more than 10 days, before beginning the planned

7   excavation or demolition.

8   (2) Excavation or demolition on a normal notice

9   request is valid for 25 days from the date of the initial

10  request unless a subsequent extension request is made.

11  (3) Normal notice requests shall be limited to one

12  quarter of a contiguous mile within a municipality and one

13  contiguous mile within any unincorporated area, which

14  includes townships.

15  (4) Normal notice requests are valid for a single

16  right-of-way with an exception for intersecting

17  rights-of-way of 250 feet in all directions. Any

18  excavation continuing beyond 250 feet on a connecting

19  right-of-way shall require an additional request.

20  "No show request" means a notice initiated by an excavator

21 through JULIE to the underground utility facility owners or

22 operators notified in the prior notice that such underground

23 utility facility owners or operators, as identified by the

24 excavator and confirmed, once implemented, in accordance with

25 subsection (a) of Section 5.1, either failed to mark their

26 facilities or to communicate their non-involvement with the
    SB2394 Enrolled          - 1995 - LRB104 09208 AMC 19265 b

1 excavation prior to the dig start date and time on the notice.

2   "Notice" means any record transmitted to an underground

3 utility facility owner or operator of JULIE which shall

4 include, but not be limited to, cancel, damage, emergency,

5 exposed, extension, incomplete, joint meet, no show, normal,

6 planning design, or re-mark.

7   "Open cut utility locate" means a method of locating

8 facilities that requires excavation by the underground utility

9 facility owner or operator, or their contractor or

10 subcontractor.

11  "Place" means any incorporated city, village or town, or

12 unincorporated township or road district, listed within the

13 JULIE database.

14  "Planning design request" means the process prior to the

15 excavation phase of a project where information is gathered

16 and decisions are made regarding the route or location of a

17 proposed excavation. The use of the information that is

18 obtainable pursuant to this Section is intended to minimize

19 delays of future construction projects and not for imminent

20 excavation. The underground utility facility owner or operator

21 may indicate any portion of the information that is

22 proprietary and require the planner or designer to protect the

23 proprietary information.

24  "Positive response system" means an automated system

25 facilitated by JULIE allowing underground utility facility

26 owners or operators to communicate to an excavator the
    SB2394 Enrolled  - 1996 - LRB104 09208 AMC 19265 b

1 presence, absence, or response status of any conflict between

2 the existing facilities in or near the area of excavation or

3 demolition on each notice received.

4   "Pre-mark" means the use of white paint, chalk, lathe,

5 whiskers, flags, or electronic white lining using lines or

6 polygons to delineate the work area at the site of the proposed

7 excavation or demolition. Unless otherwise stated on the

8 request, all pre-marks are considered a request for a 5-foot

9 radius of an above ground fixed structure or single point

10 pre-mark, or a 10-foot-wide path for linear work.

11  (1) Physical pre-marking for the area of the planned

12  excavation or demolition shall be accomplished prior to

13  notifying JULIE if the area of excavation cannot be

14  clearly and adequately identified in the normal notice

15  request.

16  (2) Electronic white lining may be used when

17  available. Electronic white lining provides an alternative

18  method where an excavator may indicate their defined dig

19  area visually by electronic data entry, including lines or

20  polygons, without the need for a physical site visit. The

21  technology allows the excavator to identify for the

22  underground utility facility owner or operator a clear

23  delineation of their proposed excavation area.

24  (3) A verbal or written pre-mark is adequate when the

25  scope requested to be marked is narrow and explicit enough

26  to prevent marking beyond the actual area of excavation or
    SB2394 Enrolled             - 1997 - LRB104 09208 AMC 19265 b

1   demolition. An existing above ground fixed structure may

2   be referenced as a verbal or written pre-mark.

3   "Project owner" means the person or legal entity, public

4 or private, that is financially responsible for the

5 undertaking of a project that involves excavation or

6 demolition.

7   "Reasonable control measurement" shall use the historical

8 averages and add to the calculation either of the following

9 conditions that shall be met for the place to be considered

10 beyond the reasonable control of the underground utility

11 facility owner or operator:

12  (1) the total notice volume count over the previous 7

13  calendar days shall increase by more than 15% of the

14  historic average, and increase by not less than 25

15  additional notices over the previous 7 calendar days; or

16  (2) the total dig site notification area over the

17  previous 7 calendar days shall increase by more than 15%

18  of the historic average, and not less than 0.4 additional

19  square miles over the previous 7 calendar days.

20  The official measurement shall be provided by JULIE.

21  "Residential property owner" means any individual or

22 entity that owns or leases real property that is used by the

23 individual or entity as its residence or dwelling. Residential

24 property owner does not include any persons who own or lease

25 residential property for the purpose of holding or developing

26 such property or for any other business or commercial
    SB2394 Enrolled          - 1998 - LRB104 09208 AMC 19265 b

1 purposes.

2   "Roadway surface milling" means the removal of a uniform

3 pavement section by rotomilling, grinding, saw cutting, or

4 other means that does not penetrate into the roadway base or

5 subbase.

6   "Service lateral" means underground facilities located in

7 a public right-of-way or utility easement that connects an end

8 user's building or property to an underground utility facility

9 owner's or operator's facility.

10  "Submerged" means any facility installed below the surface

11 of a lake, river, or navigable waterway.

12  "Tolerance zone" means:

13  (1) if the diameter of the underground utility

14  facility is indicated, the distance of one-half of the

15  known diameter plus one and one-half feet on either side

16  of the designated center line of the underground utility

17  facility marking;

18  (2) if the diameter of the underground utility

19  facility is not indicated, one and one-half feet on either

20  side of the outside edge of the underground utility

21  facility marking; or

22  (3) if submerged, a distance of 30 feet on either side

23  of the indicated facility.

24  The underground utility facility markings provided

25  shall not indicate that the width of the marked

26  underground utility facility is any greater than the
    SB2394 Enrolled  - 1999 - LRB104 09208 AMC 19265 b

1   actual width of the underground utility facility or 2

2   inches, whichever is greater. The tolerance zone shall

3   also apply to visible utility structures, including, but

4   not limited to, poles with overhead to underground

5   transitions, pedestals, transformers, meters, hydrants,

6   and valve boxes. There shall be a one and one-half foot

7   tolerance zone horizontally around such facilities.

8   "Underground utility facility" or "facility" means and

9 includes wires, ducts, fiber optic cable, conduits, pipes,

10 sewers, and cables and their connected appurtenances installed

11 or existing beneath the surface of the ground or submerged and

12 either owned, operated, or controlled by:

13  (1) a public utility as defined in the Public

14  Utilities Act;

15  (2) a municipally owned or mutually owned utility

16  providing a similar utility service;

17  (3) a pipeline entity transporting gases, crude oil,

18  petroleum products, or other hydrocarbon materials within

19  the State;

20  (4) a telecommunications carrier as defined in the

21  Universal Telephone Service Protection Law of 1985, or by

22  a company described in Section 1 of the Telephone Company

23  Act;

24  (5) a community antenna television system, as defined

25  in the Illinois Municipal Code or the Counties Code;

26  (6) a holder or broadband service, as those terms are
    SB2394 Enrolled     - 2000 - LRB104 09208 AMC 19265 b

1   defined in the Cable and Video Competition Law of 2007;

2   (7) any other entity owning or operating underground

3   facilities that transport or generate electrical power to

4   other utility owners or operators;

5   (8) an electric cooperative as defined in the Public

6   Utilities Act; and

7   (9) any other active member of JULIE.

8 (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)

9   (220 ILCS 50/4.1)

10  Sec. 4.1. Watch and protect.

11  (a) If, upon notice from JULIE, an underground utility

12 facility owner or operator determines that the facility is

13 within the proposed excavation area and the underground

14 utility facility owner or operator desires to have an

15 authorized representative present during excavation near the

16 facility, the underground utility facility owner or operator

17 shall contact the excavator prior to the dig start date and

18 time provided on the notice to schedule a date and time for the

19 underground utility facility owner or operator to be present

20 when excavation will occur near the facility.

21  (b) All excavators shall comply with the underground

22 utility facility owner's or operator's request to be present

23 during excavation near an a owner or operator's facilities. In

24 lieu of having an authorized representative present, the

25 underground utility facility owner or operator may choose to
    SB2394 Enrolled  - 2001 - LRB104 09208 AMC 19265 b

1 perform an open cut utility locate of the facility to expose

2 its location. The underground utility facility owner or

3 operator shall comply with the excavator's schedule for when

4 excavation will occur near the facility.

5   (c) After excavation has started, if excavation near the

6 underground utility facilities stops by more than one day and

7 then recommences, the excavator shall establish direct contact

8 with the underground utility facility owner or operator not

9 less than one day prior to the excavation, each time the

10 excavation is to occur, to advise the underground utility

11 facility owner or operator of the excavation taking place.

12  (d) Nothing in this Section shall prohibit an excavator

13 from excavating prudently and carefully near the underground

14 utility facility without the underground utility facility

15 owner or operator present if the underground utility facility

16 owner or operator waives the request to be present or to

17 complete an open cut utility locate exposing the facility or

18 is unable to comply with the excavator's schedule.

19 (Source: P.A. 103-614, eff. 1-1-25; revised 12-1-24.)

20  (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)

21  Sec. 10. Record of notice; marking of facilities.

22  (a) Upon notice by the excavator, the underground utility

23 facility owners or operators in or near the excavation or

24 demolition area shall cause a record to be made of the notice

25 and shall mark, by the dig start date and time indicated on the
    SB2394 Enrolled         - 2002 - LRB104 09208 AMC 19265 b

1 notice, the approximate locations of such facilities so as to

2 enable the excavator to establish the location of the

3 facilities.

4   For submerged facilities, when the owner or operator of

5 the submerged facilities determines that a proposed excavation

6 or demolition which could include anchoring, pile driving,

7 dredging, or any other water bottom contact for any means

8 performed is in proximity to or in conflict with, submerged

9 facilities located under a lake, river, or navigable waterway,

10 the owner or operator of the submerged facilities shall

11 identify the estimated horizontal route of the submerged

12 facilities, within 15 days or by a date and time mutually

13 agreed to, using marking buoys, other suitable devices, or GPS

14 location data unless directed otherwise by an agency having

15 jurisdiction over the waters under which the submerged

16 facilities are located.

17  (b) Underground utility facility owners or operators of

18 sewer facilities shall be required to respond and mark the

19 approximate location of those sewer facilities when the

20 excavator indicates, in the notice required in Section 4, that

21 the excavation or demolition project will exceed a depth of 7

22 feet. "Depth", in this case, is defined as the distance

23 measured vertically from the surface of the ground to the top

24 of the sewer facility.

25  (c) Underground utility facility owners or operators of

26 sewer facilities shall be required at all times to mark the
    SB2394 Enrolled         - 2003 - LRB104 09208 AMC 19265 b

1 approximate location of those sewer facilities when:

2   (1) directional boring is the indicated type of

3   excavation work being performed within the notice;

4   (2) the sewer facilities owned are non-gravity,

5   pressurized force mains; or

6   (3) the excavation indicated will occur in the

7   immediate proximity of known sewer facilities that are

8   less than 7 feet deep.

9   (d) Underground utility facility owners or operators of

10 sewer facilities shall not hold an excavator liable for

11 damages that occur to sewer facilities that were not required

12 to be marked under this Section, provided that prompt notice

13 of known damage is made to JULIE and the underground utility

14 facility owners or operators as required in Section 7.

15  (e) All entities subject to the requirements of this Act

16 shall plan and conduct their work consistent with reasonable

17 business practices.

18  (1) Conditions may exist making it unreasonable to

19  request that locations be marked by the dig start date and

20  time indicated on the notice.

21  (A) In such situations, the excavator and the

22  underground utility facility owner or operator shall

23  interact in good faith to establish a mutually

24  agreeable date and time for the completion of the

25  request.

26  (B) All mutually agreed upon modifications to the
    SB2394 Enrolled  - 2004 - LRB104 09208 AMC 19265 b

1   dig start date and time shall be fully documented by

2   the underground utility facility owner or operator and

3   include, at a minimum, the date and time of the

4   interaction, the names of the individuals involved,

5   and acknowledgment by the individuals that agreed to

6   the modification and the new dig start date and time

7   that was mutually agreed upon by both parties. The

8   underground utility facility owner or operator shall

9   retain through JULIE, Inc., the documentation for at

10  least 5 years after the date of the expiration of the

11  notice.

12  (2) It is unreasonable to request underground utility

13  facility owners or operators to mark all of their

14  facilities in an affected area upon short notice in

15  advance of a large nonemergency project.

16  (3) It is unreasonable to request extensive notices in

17  excess of a reasonable excavation or demolition work

18  schedule.

19  (4) It is unreasonable to request notices under

20  conditions where a repeat request is likely to be made

21  because of the passage of time or adverse job conditions.

22  (5) During periods where the notice volumes or dig

23  site notification areas exceed the historical averages as

24  determined by the reasonable control measurements for the

25  place, only those additional non-emergency requests that

26  are not part of a large project, when that large project
    SB2394 Enrolled  - 2005 - LRB104 09208 AMC 19265 b

1   has been submitted at least 60 days in advance of the start

2   of the large project by underground utility facility

3   owners or operators or their contractors or subcontractors

4   for excavation work for the underground utility facility

5   owners or operators within the place, may be subject to a

6   request from the underground utility facility owner or

7   operator or the owner or operator's locate contractors or

8   subcontractors for an additional wait time of up to 2 days

9   for the underground utility facility owner or operator,

10  whether utilizing in-house or contract locators, to

11  respond to locate and mark, or provide a no conflict

12  response. It is the responsibility of the requesting

13  underground utility facility owner or operator to document

14  any modification as outlined in paragraph (1) of

15  subsection (e) of Section 10.

16  (f) Underground utility facility owners or operators,

17 whether utilizing in-house or contract locators, and the owner

18 or operator's locate contractors or subcontractors must

19 reasonably anticipate seasonal fluctuations in the number of

20 notices and staff accordingly.

21  Seasonal fluctuations shall not be considered within the

22 reasonable control of underground utility facility owners or

23 operators and the owner or operator's locate contractors or

24 subcontractors within a place or places, when the notice

25 volumes exceed the historical averages as determined by the

26 reasonable control measurement, for non-emergency requests for
    SB2394 Enrolled      - 2006 - LRB104 09208 AMC 19265 b

1 utility excavation work for underground utility facility

2 owners or operators, that is not part of a large project that

3 has provided at least a 60-day 60 day advance notice.

4   Only utility excavators when doing utility work may be

5 impacted by this subsection and may incur an additional wait

6 time of up to 2 days.

7   (g) If an underground utility facility owner or operator

8 receives a notice under this Section but does not own or

9 operate any facilities within the proposed excavation or

10 demolition area described in the notice, that underground

11 utility facility owner or operator, by the dig start date and

12 time on the notice, shall so notify the excavator who

13 initiated the notice in accordance with Section 5.1, and prior

14 to January 1, 2026, may be provided in any reasonable manner

15 including, but not limited to, notification in any one of the

16 following ways:

17      (1) by face-to-face communication;

18      (2) by phone or phone message;

19      (3) by facsimile or email;

20      (4) by posting in the excavation or demolition area;

21  or

22      (5) by marking the excavation or demolition area.

23  (h) The underground utility facility owner or operator has

24 discharged the underground utility facility owner's or

25 operator's obligation to provide notice under this Section if

26 the underground utility facility owner or operator attempts to
    SB2394 Enrolled  - 2007 - LRB104 09208 AMC 19265 b

1 provide notice utilizing the positive response system, in

2 accordance with Section 5.1, and prior to January 1, 2026, by:

3   (1) telephone, but is unable to do so because the

4   excavator does not answer the telephone and does not have

5   the ability to receive telephone messages;

6   (2) facsimile, if the excavator has supplied a

7   facsimile number and does not have a facsimile machine in

8   operation to receive the facsimile transmission; or

9   (3) email, if the excavator has supplied an email

10  address and the message is electronically undeliverable.

11  If the underground utility facility owner or operator

12 attempts to provide additional notice by telephone or by

13 facsimile but receives a busy signal, that attempt shall not

14 serve to discharge the underground utility facility owner or

15 operator of the obligation to provide notice under this

16 Section.

17  (i) Any excavator or legal entity, public or private, who,

18 on or after January 1, 2026, installs a nonconductive service

19 lateral shall ensure that the installation is locatable by

20 electromagnetic means or other equally effective means for

21 marking the location of the service lateral. This subsection

22 does not apply to minor repairs to, or partial replacements

23 of, service laterals installed prior to January 1, 2026.

24  (j) For the purposes of this Act, the following color

25 coding shall be used to mark the approximate location of

26 facilities by the underground utility facility owners or
    SB2394 Enrolled    - 2008 - LRB104 09208 AMC 19265 b

1 operators who may utilize a combination of flags, lathe with
2 colored ribbon, chalk, whiskers, or paint as dig site and
3 seasonal conditions warrant.

4 Facility type                          Identification Color

5 Underground utility facility owner or

6 operator or contract locator use only

7

8

9 Electric Power, Distribution and

10  Transmission ...................... Safety Red

11 Municipal Electric Systems ............ Safety Red

12 Gas Distribution and Transmission ...... High Visibility

                                         Safety Yellow

13 Oil Distribution and Transmission ...... High Visibility

                                         Safety Yellow

14 Communication Systems.................. Safety Alert Orange

15 Water Systems .......................... Safety Precaution

                                         Blue

16 Sewer Systems .......................... Safety Green

17 Non-potable Water and Slurry Lines .... Safety Purple

18

19 Excavator Use Only

20

21 Temporary Survey ...................... Safety Pink
    SB2394 Enrolled             - 2009 - LRB104 09208 AMC 19265 b

1 Proposed Excavation.................... Safety White (Black

2                               when snow is on the

                                ground)

3 (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)

4   (220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)

5   Sec. 12. Noncompliance and enforcement action time frames.

6 No action may be brought by the Illinois Commerce Commission

7 under Section 11 of this Act unless commenced within 2 years

8 after the date of the alleged violation of this Act.

9   Beginning January 1, 2025, all parties submitting alleged

10 violations to the Illinois Commerce Commission shall use the

11 forms provided and shall submit no later than 65 days after the

12 discovery of the alleged violation. Any report of an alleged

13 violation received later than 65 days after the discovery of

14 the alleged violation shall be subject to a penalty as

15 provided for in Section 11.

16  Beginning January 1, 2025, the Illinois Commerce

17 Commission shall provide notice of investigation to the

18 parties involved in the alleged violation report within 20

19 days after the receipt of the alleged violation report.

20  Once a notice of investigation has been sent for all

21 alleged violations reported on or after January 1, 2025, no

22 further action may be brought by the Illinois Commerce

23 Commission under Section 11 unless the notice of violation has

24 been provided by the Illinois Commerce Commission staff to the
    SB2394 Enrolled  - 2010 - LRB104 09208 AMC 19265 b

1 entity determined to be in violation within 195 days after the

2 date of the notice of investigation. For alleged violations

3 that involve utility damage, personal injury or death, or

4 property damage, an additional 130 days shall be allowed for

5 the Illinois Commerce Commission staff to determine if the

6 alleged entity was in violation.

7   Beginning July 1, 2025, the Illinois Commerce Commission

8 shall provide for public review a monthly report listing all

9 of the reports of alleged violations it received in the prior

10 month. The listing shall be available by the end of the

11 violations report. The listing shall be available by the end

12 of the second full week for all reports from the previous

13 month. The listing shall, at a minimum, include: (1) the name

14 of the party submitting the alleged violation; (2) the name of

15 the party and the name of the project owner that is alleged to

16 be in violation; (3) the date the alleged violation report is

17 submitted; and (4) the Section or Sections of the Act

18 applicable to the submitted alleged violation.

19  JULIE, Inc., may submit reports to the Illinois Commerce

20 Commission for alleged violations of Section 5.1.

21 (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)

22  Section 815. The Child Care Act of 1969 is amended by

23 changing Sections 2.09, 3, 4, 5.01, 5.1, 7.10, 18, and 18.1 as

24 follows:
    SB2394 Enrolled     - 2011 - LRB104 09208 AMC 19265 b

1   (225 ILCS 10/2.09)

2   (Text of Section before amendment by P.A. 103-594)

3   Sec. 2.09. "Day care center" means any child care facility

4 which regularly provides day care for less than 24 hours per

5 day, except as provided for in Section 5.12, for (1) more than

6 8 children in a family home, or (2) more than 3 children in a

7 facility other than a family home, including senior citizen

8 buildings.

9   The term does not include:

10  (a) programs operated by (i) public or private

11  elementary school systems or secondary level school units

12  or institutions of higher learning that serve children who

13  shall have attained the age of 3 years or (ii) private

14  entities on the grounds of public or private elementary or

15  secondary schools and that serve children who have

16  attained the age of 3 years, except that this exception

17  applies only to the facility and not to the private

18  entities' personnel operating the program;

19  (b) programs or that portion of the program which

20  serves children who shall have attained the age of 3 years

21  and which are recognized by the State Board of Education;

22  (c) educational program or programs serving children

23  who shall have attained the age of 3 years and which are

24  operated by a school which is registered with the State

25  Board of Education and which is recognized or accredited

26  by a recognized national or multistate educational
    SB2394 Enrolled     - 2012 - LRB104 09208 AMC 19265 b

1   organization or association which regularly recognizes or

2   accredits schools;

3   (d) programs which exclusively serve or that portion

4   of the program which serves children with disabilities who

5   shall have attained the age of 3 years but are less than 21

6   years of age and which are registered and approved as

7   meeting standards of the State Board of Education and

8   applicable fire marshal standards;

9   (e) facilities operated in connection with a shopping

10  center or service, religious services, or other similar

11  facility, where transient children are cared for

12  temporarily while parents or custodians of the children

13  are occupied on the premises and readily available;

14  (f) any type of day care center that is conducted on

15  federal government premises;

16  (g) special activities programs, including athletics,

17  recreation, crafts instruction, and similar activities

18  conducted on an organized and periodic basis by civic,

19  charitable and governmental organizations, including, but

20  not limited to, programs offered by park districts

21  organized under the Park District Code to children who

22  shall have attained the age of 3 years old if the program

23  meets no more than 3.5 continuous hours at a time or less

24  and no more than 25 hours during any week, and the park

25  district conducts background investigations on employees

26  of the program pursuant to Section 8-23 of the Park
    SB2394 Enrolled  - 2013 - LRB104 09208 AMC 19265 b

1   District Code;

2   (h) part day child care facilities, as defined in

3   Section 2.10 of this Act;

4   (i) programs or that portion of the program which:

5   (1) serves children who shall have attained the

6   age of 3 years;

7   (2) is operated by churches or religious

8   institutions as described in Section 501(c)(3) of the

9   federal Internal Revenue Code;

10  (3) receives no governmental aid;

11  (4) is operated as a component of a religious,

12  nonprofit elementary school;

13  (5) operates primarily to provide religious

14  education; and

15  (6) meets appropriate State or local health and

16  fire safety standards; or

17  (j) programs or portions of programs that:

18  (1) serve only school-age children and youth

19  (defined as full-time kindergarten children, as

20  defined in 89 Ill. Adm. Code 407.45, or older);

21  (2) are organized to promote childhood learning,

22  child and youth development, educational or

23  recreational activities, or character-building;

24  (3) operate primarily during out-of-school time or

25  at times when school is not normally in session;

26  (4) comply with the standards of the Illinois
    SB2394 Enrolled  - 2014 - LRB104 09208 AMC 19265 b

1   Department of Public Health (77 Ill. Adm. Code 750) or

2   the local health department, the Illinois State Fire

3   Marshal (41 Ill. Adm. Code 100), and the following

4   additional health and safety requirements: procedures

5   for employee and volunteer emergency preparedness and

6   practice drills; procedures to ensure that first aid

7   kits are maintained and ready to use; the placement of

8   a minimum level of liability insurance as determined

9   by the Department; procedures for the availability of

10  a working telephone that is onsite and accessible at

11  all times; procedures to ensure that emergency phone

12  numbers are posted onsite; and a restriction on

13  handgun or weapon possession onsite, except if

14  possessed by a peace officer;

15  (5) perform and maintain authorization and results

16  of criminal history checks through the Illinois State

17  Police and FBI and checks of the Illinois Sex Offender

18  Registry, the National Sex Offender Registry, and

19  Child Abuse and Neglect Tracking System for employees

20  and volunteers who work directly with children;

21  (6) make hiring decisions in accordance with the

22  prohibitions against barrier crimes as specified in

23  Section 4.2 of this Act or in Section 21B-80 of the

24  School Code;

25  (7) provide parents with written disclosure that

26  the operations of the program are not regulated by
    SB2394 Enrolled  - 2015 - LRB104 09208 AMC 19265 b

1   licensing requirements; and

2   (8) obtain and maintain records showing the first

3   and last name and date of birth of the child, name,

4   address, and telephone number of each parent,

5   emergency contact information, and written

6   authorization for medical care.

7   Programs or portions of programs requesting Child Care

8 Assistance Program (CCAP) funding and otherwise meeting the

9 requirements under item (j) shall request exemption from the

10 Department and be determined exempt prior to receiving funding

11 and must annually meet the eligibility requirements and be

12 appropriate for payment under the CCAP.

13  Programs or portions of programs under item (j) that do

14 not receive State or federal funds must comply with staff

15 qualification and training standards established by rule by

16 the Department of Human Services. The Department of Human

17 Services shall set such standards after review of Afterschool

18 for Children and Teens Now (ACT Now) evidence-based quality

19 standards developed for school-age out-of-school time

20 programs, feedback from the school-age out-of-school time

21 program professionals, and review of out-of-school time

22 professional development frameworks and quality tools.

23  Out-of-school time programs for school-age youth that

24 receive State or federal funds must comply with only those

25 staff qualifications and training standards set for the

26 program by the State or federal entity issuing the funds.
    SB2394 Enrolled  - 2016 - LRB104 09208 AMC 19265 b

1   For purposes of items (a), (b), (c), (d), and (i) of this

2 Section, "children who shall have attained the age of 3 years"

3 shall mean children who are 3 years of age, but less than 4

4 years of age, at the time of enrollment in the program.

5 (Source: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25.)

6   (Text of Section after amendment by P.A. 103-594)

7   Sec. 2.09. "Day care center" means any child care facility

8 which regularly provides day care for less than 24 hours per

9 day, except as provided for in Section 5.12, for (1) more than

10 8 children in a family home, or (2) more than 3 children in a

11 facility other than a family home, including senior citizen

12 buildings.

13  The term does not include:

14  (a) programs operated by (i) public or private

15  elementary school systems or secondary level school units

16  or institutions of higher learning that serve children who

17  shall have attained the age of 3 years or (ii) private

18  entities on the grounds of public or private elementary or

19  secondary schools and that serve children who have

20  attained the age of 3 years, except that this exception

21  applies only to the facility and not to the private

22  entities' personnel operating the program;

23  (b) programs or that portion of the program which

24  serves children who shall have attained the age of 3 years

25  and which are recognized by the State Board of Education;
    SB2394 Enrolled     - 2017 - LRB104 09208 AMC 19265 b

1   (c) educational program or programs serving children

2   who shall have attained the age of 3 years and which are

3   operated by a school which is registered with the State

4   Board of Education and which is recognized or accredited

5   by a recognized national or multistate educational

6   organization or association which regularly recognizes or

7   accredits schools;

8   (d) programs which exclusively serve or that portion

9   of the program which serves children with disabilities who

10  shall have attained the age of 3 years but are less than 21

11  years of age and which are registered and approved as

12  meeting standards of the State Board of Education and

13  applicable fire marshal standards;

14  (e) facilities operated in connection with a shopping

15  center or service, religious services, or other similar

16  facility, where transient children are cared for

17  temporarily while parents or custodians of the children

18  are occupied on the premises and readily available;

19  (f) any type of day care center that is conducted on

20  federal government premises;

21  (g) special activities programs, including athletics,

22  recreation, crafts instruction, and similar activities

23  conducted on an organized and periodic basis by civic,

24  charitable and governmental organizations, including, but

25  not limited to, programs offered by park districts

26  organized under the Park District Code to children who
    SB2394 Enrolled  - 2018 - LRB104 09208 AMC 19265 b

1   shall have attained the age of 3 years old if the program

2   meets no more than 3.5 continuous hours at a time or less

3   and no more than 25 hours during any week, and the park

4   district conducts background investigations on employees

5   of the program pursuant to Section 8-23 of the Park

6   District Code;

7   (h) part day child care facilities, as defined in

8   Section 2.10 of this Act;

9   (i) programs or that portion of the program which:

10  (1) serves children who shall have attained the

11  age of 3 years;

12  (2) is operated by churches or religious

13  institutions as described in Section 501(c)(3) of the

14  federal Internal Revenue Code;

15  (3) receives no governmental aid;

16  (4) is operated as a component of a religious,

17  nonprofit elementary school;

18  (5) operates primarily to provide religious

19  education; and

20  (6) meets appropriate State or local health and

21  fire safety standards; or

22  (j) programs or portions of programs that:

23  (1) serve only school-age children and youth

24  (defined as full-time kindergarten children, as

25  defined in 89 Ill. Adm. Code 407.45, or older);

26  (2) are organized to promote childhood learning,
    SB2394 Enrolled  - 2019 - LRB104 09208 AMC 19265 b

1   child and youth development, educational or

2   recreational activities, or character-building;

3   (3) operate primarily during out-of-school time or

4   at times when school is not normally in session;

5   (4) comply with the standards of the Illinois

6   Department of Public Health (77 Ill. Adm. Code 750) or

7   the local health department, the Illinois State Fire

8   Marshal (41 Ill. Adm. Code 100), and the following

9   additional health and safety requirements: procedures

10  for employee and volunteer emergency preparedness and

11  practice drills; procedures to ensure that first aid

12  kits are maintained and ready to use; the placement of

13  a minimum level of liability insurance as determined

14  by the Department; procedures for the availability of

15  a working telephone that is onsite and accessible at

16  all times; procedures to ensure that emergency phone

17  numbers are posted onsite; and a restriction on

18  handgun or weapon possession onsite, except if

19  possessed by a peace officer;

20  (5) perform and maintain authorization and results

21  of criminal history checks through the Illinois State

22  Police and FBI and checks of the Illinois Sex Offender

23  Registry, the National Sex Offender Registry, and

24  Child Abuse and Neglect Tracking System for employees

25  and volunteers who work directly with children;

26  (6) make hiring decisions in accordance with the
    SB2394 Enrolled  - 2020 - LRB104 09208 AMC 19265 b

1   prohibitions against barrier crimes as specified in

2   Section 4.2 of this Act or in Section 21B-80 of the

3   School Code;

4   (7) provide parents with written disclosure that

5   the operations of the program are not regulated by

6   licensing requirements; and

7   (8) obtain and maintain records showing the first

8   and last name and date of birth of the child, name,

9   address, and telephone number of each parent,

10  emergency contact information, and written

11  authorization for medical care.

12  Out-of-school time programs for school-age youth that

13 receive State or federal funds must comply with only those

14 staff qualifications and training standards set for the

15 program by the State or federal entity issuing the funds.

16  For purposes of items (a), (b), (c), (d), and (i) of this

17 Section, "children who shall have attained the age of 3 years"

18 shall mean children who are 3 years of age, but less than 4

19 years of age, at the time of enrollment in the program.

20 (Source: P.A. 103-153, eff. 6-30-23; 103-594, eff. 7-1-26;

21 103-952, eff. 1-1-25; revised 11-26-24.)

22  (225 ILCS 10/3)

23  (Text of Section before amendment by P.A. 103-594)

24  Sec. 3. (a) No person, group of persons or corporation may

25 operate or conduct any facility for child care, as defined in
    SB2394 Enrolled     - 2021 - LRB104 09208 AMC 19265 b

1 this Act, without a license or permit issued by the Department

2 or without being approved by the Department as meeting the

3 standards established for such licensing, with the exception

4 of facilities for whom standards are established by the

5 Department of Corrections under Section 3-15-2 of the Unified

6 Code of Corrections, and with the exception of facilities

7 defined in Section 2.10 of this Act, and with the exception of

8 programs or facilities licensed by the Department of Human

9 Services under the Substance Use Disorder Act.

10  (b) No part day child care facility as described in

11 Section 2.10 may operate without written notification to the

12 Department or without complying with Section 7.1. Notification

13 shall include a notarized statement by the facility that the

14 facility complies with State state or local health standards

15 and State state fire safety standards, and shall be filed with

16 the department every 2 years.

17  (c) The Director of the Department shall establish

18 policies and coordinate activities relating to child care

19 licensing, licensing of day care homes and day care centers.

20  (d) Any facility or agency which is exempt from licensing

21 may apply for licensing if licensing is required for some

22 government benefit.

23  (e) A provider of day care described in items (a) through

24 (j) of Section 2.09 of this Act is exempt from licensure. The

25 Department shall provide written verification of exemption and

26 description of compliance with standards for the health,
    SB2394 Enrolled  - 2022 - LRB104 09208 AMC 19265 b

1 safety, and development of the children who receive the

2 services upon submission by the provider of, in addition to

3 any other documentation required by the Department, a

4 notarized statement that the facility complies with: (1) the

5 standards of the Department of Public Health or local health

6 department, (2) the fire safety standards of the State Fire

7 Marshal, and (3) if operated in a public school building, the

8 health and safety standards of the State Board of Education.

9   (f) Through June 30, 2029, either a qualified child care

10 director, as described in 89 Ill. Adm. Code 407.130, or a

11 qualified early childhood teacher, as described in 89 Ill.

12 Adm. Code 407.140, with a minimum of 2,880 hours of experience

13 as an early childhood teacher at the early childhood teacher's

14 current facility must be present for the first and last hour of

15 the workday and at the open or close of the facility. The

16 Department shall adopt rules to implement this subsection.

17 Such rules must be filed with the Joint Committee on

18 Administrative Rules no later than January 1, 2025.

19 (Source: P.A. 103-821, eff. 8-9-24; revised 10-10-24.)

20  (Text of Section after amendment by P.A. 103-594)

21  Sec. 3. (a) No person, group of persons or corporation may

22 operate or conduct any facility for child care, as defined in

23 this Act, without a license or permit issued by the Department

24 or without being approved by the Department as meeting the

25 standards established for such licensing, with the exception
    SB2394 Enrolled     - 2023 - LRB104 09208 AMC 19265 b

1 of facilities for whom standards are established by the

2 Department of Corrections under Section 3-15-2 of the Unified

3 Code of Corrections, and with the exception of facilities

4 defined in Section 2.10 of this Act, and with the exception of

5 programs or facilities licensed by the Department of Human

6 Services under the Substance Use Disorder Act, and with the

7 exception of day care centers, day care homes, and group day

8 care homes.

9   (b) (Blank).

10  (c) (Blank).

11  (d) Any facility or agency which is exempt from licensing

12 may apply for licensing if licensing is required for some

13 government benefit.

14  (e) (Blank).

15  (f) Through June 30, 2029, either a qualified child care

16 director, as described in 89 Ill. Adm. Code 407.130, or a

17 qualified early childhood teacher, as described in 89 Ill.

18 Adm. Code 407.140, with a minimum of 2,880 hours of experience

19 as an early childhood teacher at the early childhood teacher's

20 current facility must be present for the first and last hour of

21 the workday and at the open or close of the facility. The

22 Department shall adopt rules to implement this subsection.

23 Such rules must be filed with the Joint Committee on

24 Administrative Rules no later than January 1, 2025.

25 (Source: P.A. 103-594, eff. 7-1-26; 103-821, eff. 8-9-24;

26 revised 10-10-24.)
    SB2394 Enrolled  - 2024 - LRB104 09208 AMC 19265 b

1   (225 ILCS 10/4)

2   (Text of Section before amendment by P.A. 103-594)

3   Sec. 4. License requirement; application; notice.

4   (a) Any person, group of persons or corporation who or

5 which receives children or arranges for care or placement of

6 one or more children unrelated to the operator must apply for a

7 license to operate one of the types of facilities defined in

8 Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any

9 relative, as defined in Section 2.17 of this Act, who receives

10 a child or children for placement by the Department on a

11 full-time basis may apply for a license to operate a foster

12 family home as defined in Section 2.17 of this Act.

13  (a-5) Any agency, person, group of persons, association,

14 organization, corporation, institution, center, or group

15 providing adoption services must be licensed by the Department

16 as a child welfare agency as defined in Section 2.08 of this

17 Act. "Providing adoption services", as used in this Act,

18 includes facilitating or engaging in adoption services.

19  (b) Application for a license to operate a child care

20 facility must be made to the Department in the manner and on

21 forms prescribed by it. An application to operate a foster

22 family home shall include, at a minimum: a completed written

23 form; written authorization by the applicant and all adult

24 members of the applicant's household to conduct a criminal

25 background investigation; medical evidence in the form of a
    SB2394 Enrolled  - 2025 - LRB104 09208 AMC 19265 b

1 medical report, on forms prescribed by the Department, that

2 the applicant and all members of the household are free from

3 communicable diseases or physical and mental conditions that

4 affect their ability to provide care for the child or

5 children; the names and addresses of at least 3 persons not

6 related to the applicant who can attest to the applicant's

7 moral character; the name and address of at least one relative

8 who can attest to the applicant's capability to care for the

9 child or children; and fingerprints submitted by the applicant

10 and all adult members of the applicant's household.

11  (b-5) Prior to submitting an application for a foster

12 family home license, a quality of care concerns applicant as

13 defined in Section 2.22a of this Act must submit a preliminary

14 application to the Department in the manner and on forms

15 prescribed by it. The Department shall explain to the quality

16 of care concerns applicant the grounds for requiring a

17 preliminary application. The preliminary application shall

18 include a list of (i) all children placed in the home by the

19 Department who were removed by the Department for reasons

20 other than returning to a parent and the circumstances under

21 which they were removed and (ii) all children placed by the

22 Department who were subsequently adopted by or placed in the

23 private guardianship of the quality of care concerns applicant

24 who are currently under 18 and who no longer reside in the home

25 and the reasons why they no longer reside in the home. The

26 preliminary application shall also include, if the quality of
    SB2394 Enrolled  - 2026 - LRB104 09208 AMC 19265 b

1 care concerns applicant chooses to submit, (1) a response to

2 the quality of care concerns, including any reason the

3 concerns are invalid, have been addressed or ameliorated, or

4 no longer apply and (2) affirmative documentation

5 demonstrating that the quality of care concerns applicant's

6 home does not pose a risk to children and that the family will

7 be able to meet the physical and emotional needs of children.

8 The Department shall verify the information in the preliminary

9 application and review (i) information regarding any prior

10 licensing complaints, (ii) information regarding any prior

11 child abuse or neglect investigations, (iii) information

12 regarding any involuntary foster home holds placed on the home

13 by the Department, and (iv) information regarding all child

14 exit interviews, as provided in Section 5.26 of the Children

15 and Family Services Act, regarding the home. Foster home

16 applicants with quality of care concerns are presumed

17 unsuitable for future licensure.

18  Notwithstanding the provisions of this subsection (b-5),

19 the Department may make an exception and issue a foster family

20 license to a quality of care concerns applicant if the

21 Department is satisfied that the foster family home does not

22 pose a risk to children and that the foster family will be able

23 to meet the physical and emotional needs of children. In

24 making this determination, the Department must obtain and

25 carefully review all relevant documents and shall obtain

26 consultation from its Clinical Division as appropriate and as
    SB2394 Enrolled         - 2027 - LRB104 09208 AMC 19265 b

1 prescribed by Department rule and procedure. The Department

2 has the authority to deny a preliminary application based on

3 the record of quality of care concerns of the foster family

4 home. In the alternative, the Department may (i) approve the

5 preliminary application, (ii) approve the preliminary

6 application subject to obtaining additional information or

7 assessments, or (iii) approve the preliminary application for

8 purposes of placing a particular child or children only in the

9 foster family home. If the Department approves a preliminary

10 application, the foster family shall submit an application for

11 licensure as described in subsection (b) of this Section. The

12 Department shall notify the quality of care concerns applicant

13 of its decision and the basis for its decision in writing.

14  (c) The Department shall notify the public when a child

15 care institution, maternity center, or group home licensed by

16 the Department undergoes a change in (i) the range of care or

17 services offered at the facility or (ii) the type of children

18 served. The Department shall notify the public of the change

19 in a newspaper of general circulation in the county or

20 municipality in which the applicant's facility is or is

21 proposed to be located.

22  (c-5) When a child care institution, maternity center, or

23 a group home licensed by the Department undergoes a change in

24 (i) the age of children served or (ii) the area within the

25 facility used by children, the Department shall post

26 information regarding proposed changes on its website as
    SB2394 Enrolled  - 2028 - LRB104 09208 AMC 19265 b

1 required by rule.

2   (d) If, upon examination of the facility and investigation

3 of persons responsible for care of children and, in the case of

4 a foster home, taking into account information obtained for

5 purposes of evaluating a preliminary application, if

6 applicable, the Department is satisfied that the facility and

7 responsible persons reasonably meet standards prescribed for

8 the type of facility for which application is made, it shall

9 issue a license in proper form, designating on that license

10 the type of child care facility and, except for a child welfare

11 agency, the number of children to be served at any one time.

12  (e) The Department shall not issue or renew the license of

13 any child welfare agency providing adoption services, unless

14 the agency (i) is officially recognized by the United States

15 Internal Revenue Service as a tax-exempt organization

16 described in Section 501(c)(3) of the Internal Revenue Code of

17 1986 (or any successor provision of federal tax law) and (ii)

18 is in compliance with all of the standards necessary to

19 maintain its status as an organization described in Section

20 501(c)(3) of the Internal Revenue Code of 1986 (or any

21 successor provision of federal tax law). The Department shall

22 grant a grace period of 24 months from August 15, 2005 (the

23 effective date of Public Act 94-586) this amendatory Act of

24 the 94th General Assembly for existing child welfare agencies

25 providing adoption services to obtain 501(c)(3) status. The

26 Department shall permit an existing child welfare agency that
    SB2394 Enrolled   - 2029 - LRB104 09208 AMC 19265 b

1 converts from its current structure in order to be recognized

2 as a 501(c)(3) organization as required by this Section to

3 either retain its current license or transfer its current

4 license to a newly formed entity, if the creation of a new

5 entity is required in order to comply with this Section,

6 provided that the child welfare agency demonstrates that it

7 continues to meet all other licensing requirements and that

8 the principal officers and directors and programs of the

9 converted child welfare agency or newly organized child

10 welfare agency are substantially the same as the original. The

11 Department shall have the sole discretion to grant a one-year

12 one year extension to any agency unable to obtain 501(c)(3)

13 status within the timeframe specified in this subsection (e),

14 provided that such agency has filed an application for

15 501(c)(3) status with the Internal Revenue Service within the

16 2-year timeframe specified in this subsection (e).

17  (f) The Department shall adopt rules to implement the

18 changes to this Section made by Public Act 103-770 this

19 amendatory Act of the 103rd General Assembly no later than

20 January 1, 2025.

21 (Source: P.A. 102-763, eff. 1-1-23; 103-770, eff. 1-1-25;

22 revised 8-20-24.)

23  (Text of Section after amendment by P.A. 103-594)

24  Sec. 4. License requirement; application; notice;

25 Department of Children and Family Services.
    SB2394 Enrolled  - 2030 - LRB104 09208 AMC 19265 b

1   (a) Any person, group of persons or corporation who or

2 which receives children or arranges for care or placement of

3 one or more children unrelated to the operator must apply for a

4 license to operate one of the types of facilities defined in

5 Sections 2.05 through 2.19 (other than a day care center or day

6 care home) and in Section 2.22 of this Act. Any relative, as

7 defined in Section 2.17 of this Act, who receives a child or

8 children for placement by the Department on a full-time basis

9 may apply for a license to operate a foster family home as

10 defined in Section 2.17 of this Act.

11  (a-5) Any agency, person, group of persons, association,

12 organization, corporation, institution, center, or group

13 providing adoption services must be licensed by the Department

14 as a child welfare agency as defined in Section 2.08 of this

15 Act. "Providing adoption services", as used in this Act,

16 includes facilitating or engaging in adoption services.

17  (b) Application for a license to operate a child care

18 facility (other than a day care center, day care home, or group

19 day care home) must be made to the Department in the manner and

20 on forms prescribed by it. An application to operate a foster

21 family home shall include, at a minimum: a completed written

22 form; written authorization by the applicant and all adult

23 members of the applicant's household to conduct a criminal

24 background investigation; medical evidence in the form of a

25 medical report, on forms prescribed by the Department, that

26 the applicant and all members of the household are free from
   SB2394 Enrolled  - 2031 - LRB104 09208 AMC 19265 b

1 communicable diseases or physical and mental conditions that

2 affect their ability to provide care for the child or

3 children; the names and addresses of at least 3 persons not

4 related to the applicant who can attest to the applicant's

5 moral character; the name and address of at least one relative

6 who can attest to the applicant's capability to care for the

7 child or children; and fingerprints submitted by the applicant

8 and all adult members of the applicant's household.

9  (b-5) Prior to submitting an application for a foster

10 family home license, a quality of care concerns applicant as

11 defined in Section 2.22a of this Act must submit a preliminary

12 application to the Department in the manner and on forms

13 prescribed by it. The Department shall explain to the quality

14 of care concerns applicant the grounds for requiring a

15 preliminary application. The preliminary application shall

16 include a list of (i) all children placed in the home by the

17 Department who were removed by the Department for reasons

18 other than returning to a parent and the circumstances under

19 which they were removed and (ii) all children placed by the

20 Department who were subsequently adopted by or placed in the

21 private guardianship of the quality of care concerns applicant

22 who are currently under 18 and who no longer reside in the home

23 and the reasons why they no longer reside in the home. The

24 preliminary application shall also include, if the quality of

25 care concerns applicant chooses to submit, (1) a response to

26 the quality of care concerns, including any reason the
    SB2394 Enrolled  - 2032 - LRB104 09208 AMC 19265 b

1 concerns are invalid, have been addressed or ameliorated, or

2 no longer apply and (2) affirmative documentation

3 demonstrating that the quality of care concerns applicant's

4 home does not pose a risk to children and that the family will

5 be able to meet the physical and emotional needs of children.

6 The Department shall verify the information in the preliminary

7 application and review (i) information regarding any prior

8 licensing complaints, (ii) information regarding any prior

9 child abuse or neglect investigations, (iii) information

10 regarding any involuntary foster home holds placed on the home

11 by the Department, and (iv) information regarding all child

12 exit interviews, as provided in Section 5.26 of the Children

13 and Family Services Act, regarding the home. Foster home

14 applicants with quality of care concerns are presumed

15 unsuitable for future licensure.

16  Notwithstanding the provisions of this subsection (b-5),

17 the Department may make an exception and issue a foster family

18 license to a quality of care concerns applicant if the

19 Department is satisfied that the foster family home does not

20 pose a risk to children and that the foster family will be able

21 to meet the physical and emotional needs of children. In

22 making this determination, the Department must obtain and

23 carefully review all relevant documents and shall obtain

24 consultation from its Clinical Division as appropriate and as

25 prescribed by Department rule and procedure. The Department

26 has the authority to deny a preliminary application based on
    SB2394 Enrolled         - 2033 - LRB104 09208 AMC 19265 b

1 the record of quality of care concerns of the foster family

2 home. In the alternative, the Department may (i) approve the

3 preliminary application, (ii) approve the preliminary

4 application subject to obtaining additional information or

5 assessments, or (iii) approve the preliminary application for

6 purposes of placing a particular child or children only in the

7 foster family home. If the Department approves a preliminary

8 application, the foster family shall submit an application for

9 licensure as described in subsection (b) of this Section. The

10 Department shall notify the quality of care concerns applicant

11 of its decision and the basis for its decision in writing.

12  (c) The Department shall notify the public when a child

13 care institution, maternity center, or group home licensed by

14 the Department undergoes a change in (i) the range of care or

15 services offered at the facility or (ii) the type of children

16 served. The Department shall notify the public of the change

17 in a newspaper of general circulation in the county or

18 municipality in which the applicant's facility is or is

19 proposed to be located.

20  (c-5) When a child care institution, maternity center, or

21 a group home licensed by the Department undergoes a change in

22 (i) the age of children served or (ii) the area within the

23 facility used by children, the Department shall post

24 information regarding proposed changes on its website as

25 required by rule.

26  (d) If, upon examination of the facility and investigation
    SB2394 Enrolled  - 2034 - LRB104 09208 AMC 19265 b

1 of persons responsible for care of children and, in the case of

2 a foster home, taking into account information obtained for

3 purposes of evaluating a preliminary application, if

4 applicable, the Department is satisfied that the facility and

5 responsible persons reasonably meet standards prescribed for

6 the type of facility for which application is made, it shall

7 issue a license in proper form, designating on that license

8 the type of child care facility and, except for a child welfare

9 agency, the number of children to be served at any one time.

10  (e) The Department shall not issue or renew the license of

11 any child welfare agency providing adoption services, unless

12 the agency (i) is officially recognized by the United States

13 Internal Revenue Service as a tax-exempt organization

14 described in Section 501(c)(3) of the Internal Revenue Code of

15 1986 (or any successor provision of federal tax law) and (ii)

16 is in compliance with all of the standards necessary to

17 maintain its status as an organization described in Section

18 501(c)(3) of the Internal Revenue Code of 1986 (or any

19 successor provision of federal tax law). The Department shall

20 grant a grace period of 24 months from August 15, 2005 (the

21 effective date of Public Act 94-586) this amendatory Act of

22 the 94th General Assembly for existing child welfare agencies

23 providing adoption services to obtain 501(c)(3) status. The

24 Department shall permit an existing child welfare agency that

25 converts from its current structure in order to be recognized

26 as a 501(c)(3) organization as required by this Section to
    SB2394 Enrolled         - 2035 - LRB104 09208 AMC 19265 b

1 either retain its current license or transfer its current

2 license to a newly formed entity, if the creation of a new

3 entity is required in order to comply with this Section,

4 provided that the child welfare agency demonstrates that it

5 continues to meet all other licensing requirements and that

6 the principal officers and directors and programs of the

7 converted child welfare agency or newly organized child

8 welfare agency are substantially the same as the original. The

9 Department shall have the sole discretion to grant a one-year

10 one year extension to any agency unable to obtain 501(c)(3)

11 status within the timeframe specified in this subsection (e),

12 provided that such agency has filed an application for

13 501(c)(3) status with the Internal Revenue Service within the

14 2-year timeframe specified in this subsection (e).

15  (f) The Department shall adopt rules to implement the

16 changes to this Section made by Public Act 103-770 this

17 amendatory Act of the 103rd General Assembly no later than

18 January 1, 2025.

19 (Source: P.A. 102-763, eff. 1-1-23; 103-594, eff. 7-1-26;

20 103-770, eff. 1-1-25; revised 11-26-24.)

21  (225 ILCS 10/5.01)

22  (This Section may contain text from a Public Act with a

23 delayed effective date)

24  Sec. 5.01. Licenses; permits; Department of Early

25 Childhood.
    SB2394 Enrolled  - 2036 - LRB104 09208 AMC 19265 b

1   (a) In respect to day care centers, the Department of

2 Early Childhood, upon receiving application filed in proper

3 order, shall examine the facilities and persons responsible

4 for care of children therein.

5   (b) In respect to day care homes, applications may be

6 filed on behalf of such homes by the Department of Early

7 Childhood.

8   (c) The Department of Early Childhood shall not allow any

9 person to examine facilities under a provision of this Act who

10 has not passed an examination demonstrating that such person

11 is familiar with this Act and with the appropriate standards

12 and regulations of the Department of Early Childhood.

13  (d) Licenses issued for day care centers, day care homes,

14 and group day care homes shall be valid for 3 years from the

15 date issued, unless revoked by the Department of Early

16 Childhood or voluntarily surrendered by the licensee. When a

17 licensee has made timely and sufficient application for the

18 renewal of a license or a new license with reference to any

19 activity of a continuing nature, the existing license shall

20 continue in full force and effect for up to 30 days until the

21 final agency decision on the application has been made. The

22 Department of Early Childhood may further extend the period in

23 which such decision must be made in individual cases for up to

24 30 days, but such extensions shall be only upon good cause

25 shown.

26  (e) The Department of Early Childhood may issue one
    SB2394 Enrolled           - 2037 - LRB104 09208 AMC 19265 b

1 6-month permit to a newly established facility for child care

2 to allow that facility reasonable time to become eligible for

3 a full license. If the facility for child care is a day care

4 home the Department of Early Childhood may issue one 2-month

5 permit only.

6   (f) The Department of Early Childhood may issue an

7 emergency permit to a day care center taking in children as a

8 result of the temporary closure for more than 2 weeks of a

9 licensed child care facility due to a natural disaster. An

10 emergency permit under this subsection shall be issued to a

11 facility only if the persons providing child care services at

12 the facility were employees of the temporarily closed day care

13 center at the time it was closed. No investigation of an

14 employee of a child care facility receiving an emergency

15 permit under this subsection shall be required if that

16 employee has previously been investigated at another child

17 care facility. No emergency permit issued under this

18 subsection shall be valid for more than 90 days after the date

19 of issuance.

20  (g) During the hours of operation of any licensed day care

21 center, day care home, or group day care home, authorized

22 representatives of the Department of Early Childhood may

23 without notice visit the facility for the purpose of

24 determining its continuing compliance with this Act or rules

25 adopted pursuant thereto.

26  (h) Day care centers, day care homes, and group day care
    SB2394 Enrolled       - 2038 - LRB104 09208 AMC 19265 b

1 homes shall be monitored at least annually by a licensing
2 representative from the Department of Early Childhood that
3 recommended licensure.
4 (Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)

5   (225 ILCS 10/5.1)

6   (Text of Section before amendment by P.A. 103-594)

7   Sec. 5.1. (a) The Department shall ensure that no day care

8 center, group home, or child care institution as defined in

9 this Act shall on a regular basis transport a child or children

10 with any motor vehicle unless such vehicle is operated by a

11 person who complies with the following requirements:

12  1. is 21 years of age or older;

13  2. currently holds a valid driver's license, which has

14  not been revoked or suspended for one or more traffic

15  violations during the 3 years immediately prior to the

16  date of application;

17  3. demonstrates physical fitness to operate vehicles

18  by submitting the results of a medical examination

19  conducted by a licensed physician;

20  4. has not been convicted of more than 2 offenses

21  against traffic regulations governing the movement of

22  vehicles within a 12-month period;

23  5. has not been convicted of reckless driving or

24  driving under the influence or manslaughter or reckless

25  homicide resulting from the operation of a motor vehicle
    SB2394 Enrolled     - 2039 - LRB104 09208 AMC 19265 b

1   within the past 3 years;

2   6. has signed and submitted a written statement

3   certifying that the person has not, through the unlawful

4   operation of a motor vehicle, caused a crash which

5   resulted in the death of any person within the 5 years

6   immediately prior to the date of application.

7   However, such day care centers, group homes, and child

8 care institutions may provide for transportation of a child or

9 children for special outings, functions, or purposes that are

10 not scheduled on a regular basis without verification that

11 drivers for such purposes meet the requirements of this

12 Section.

13  (a-5) As a means of ensuring compliance with the

14 requirements set forth in subsection (a), the Department shall

15 implement appropriate measures to verify that every individual

16 who is employed at a group home or child care institution meets

17 those requirements.

18  For every person employed at a group home or child care

19 institution who regularly transports children in the course of

20 performing the person's duties, the Department must make the

21 verification every 2 years. Upon the Department's request, the

22 Secretary of State shall provide the Department with the

23 information necessary to enable the Department to make the

24 verifications required under subsection (a).

25  In the case of an individual employed at a group home or

26 child care institution who becomes subject to subsection (a)
    SB2394 Enrolled         - 2040 - LRB104 09208 AMC 19265 b

1 for the first time after January 1, 2007 (the effective date of

2 Public Act 94-943), the Department must make that verification

3 with the Secretary of State before the individual operates a

4 motor vehicle to transport a child or children under the

5 circumstances described in subsection (a).

6   In the case of an individual employed at a group home or

7 child care institution who is subject to subsection (a) on

8 January 1, 2007 (the effective date of Public Act 94-943), the

9 Department must make that verification with the Secretary of

10 State within 30 days after January 1, 2007.

11  If the Department discovers that an individual fails to

12 meet the requirements set forth in subsection (a), the

13 Department shall promptly notify the appropriate group home or

14 child care institution.

15  (b) Any individual who holds a valid Illinois school bus

16 driver permit issued by the Secretary of State pursuant to the

17 Illinois Vehicle Code, and who is currently employed by a

18 school district or parochial school, or by a contractor with a

19 school district or parochial school, to drive a school bus

20 transporting children to and from school, shall be deemed in

21 compliance with the requirements of subsection (a).

22  (c) The Department may, pursuant to Section 8 of this Act,

23 revoke the license of any day care center, group home, or child

24 care institution that fails to meet the requirements of this

25 Section.

26  (d) A group home or child care institution that fails to
    SB2394 Enrolled       - 2041 - LRB104 09208 AMC 19265 b

1 meet the requirements of this Section is guilty of a petty
2 offense and is subject to a fine of not more than $1,000. Each
3 day that a group home or child care institution fails to meet
4 the requirements of this Section is a separate offense.
5 (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
6 103-605, eff. 7-1-24.)

7   (Text of Section after amendment by P.A. 103-594)

8   Sec. 5.1. (a) The Department shall ensure that no group

9 home, or child care institution as defined in this Act shall on

10 a regular basis transport a child or children with any motor

11 vehicle unless such vehicle is operated by a person who

12 complies with the following requirements:

13  1. is 21 years of age or older;

14  2. currently holds a valid driver's license, which has

15  not been revoked or suspended for one or more traffic

16  violations during the 3 years immediately prior to the

17  date of application;

18  3. demonstrates physical fitness to operate vehicles

19  by submitting the results of a medical examination

20  conducted by a licensed physician;

21  4. has not been convicted of more than 2 offenses

22  against traffic regulations governing the movement of

23  vehicles within a 12-month period;

24  5. has not been convicted of reckless driving or

25  driving under the influence or manslaughter or reckless
    SB2394 Enrolled     - 2042 - LRB104 09208 AMC 19265 b

1   homicide resulting from the operation of a motor vehicle

2   within the past 3 years;

3   6. has signed and submitted a written statement

4   certifying that the person has not, through the unlawful

5   operation of a motor vehicle, caused a crash which

6   resulted in the death of any person within the 5 years

7   immediately prior to the date of application.

8   However, such group homes, and child care institutions may

9 provide for transportation of a child or children for special

10 outings, functions, or purposes that are not scheduled on a

11 regular basis without verification that drivers for such

12 purposes meet the requirements of this Section.

13  (a-5) As a means of ensuring compliance with the

14 requirements set forth in subsection (a), the Department shall

15 implement appropriate measures to verify that every individual

16 who is employed at a group home or child care institution meets

17 those requirements.

18  For every person employed at a group home or child care

19 institution who regularly transports children in the course of

20 performing the person's duties, the Department must make the

21 verification every 2 years. Upon the Department's request, the

22 Secretary of State shall provide the Department with the

23 information necessary to enable the Department to make the

24 verifications required under subsection (a).

25  In the case of an individual employed at a group home or

26 child care institution who becomes subject to subsection (a)
    SB2394 Enrolled         - 2043 - LRB104 09208 AMC 19265 b

1 for the first time after January 1, 2007 (the effective date of

2 Public Act 94-943), the Department must make that verification

3 with the Secretary of State before the individual operates a

4 motor vehicle to transport a child or children under the

5 circumstances described in subsection (a).

6   In the case of an individual employed at a group home or

7 child care institution who is subject to subsection (a) on

8 January 1, 2007 (the effective date of Public Act 94-943), the

9 Department must make that verification with the Secretary of

10 State within 30 days after January 1, 2007.

11  If the Department discovers that an individual fails to

12 meet the requirements set forth in subsection (a), the

13 Department shall promptly notify the appropriate group home or

14 child care institution.

15  (b) Any individual who holds a valid Illinois school bus

16 driver permit issued by the Secretary of State pursuant to the

17 Illinois Vehicle Code, and who is currently employed by a

18 school district or parochial school, or by a contractor with a

19 school district or parochial school, to drive a school bus

20 transporting children to and from school, shall be deemed in

21 compliance with the requirements of subsection (a).

22  (c) The Department may, pursuant to Section 8 of this Act,

23 revoke the license of any group home, or child care

24 institution that fails to meet the requirements of this

25 Section.

26  (d) A group home or child care institution that fails to
    SB2394 Enrolled     - 2044 - LRB104 09208 AMC 19265 b

1 meet the requirements of this Section is guilty of a petty
2 offense and is subject to a fine of not more than $1,000. Each
3 day that a group home or child care institution fails to meet
4 the requirements of this Section is a separate offense.
5 (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
6 103-594, eff. 7-1-26; 103-605, eff. 7-1-24; revised 8-15-24.)

7   (225 ILCS 10/7.10)

8   (Text of Section before amendment by P.A. 103-594)

9   Sec. 7.10. Licensing orientation program and progress

10 report.

11  (a) For the purposes of this Section, "child day care

12 licensing" or "day care licensing" means licensing of day care

13 centers, day care homes, and group day care homes.

14  (a-5) In addition to current day care daycare training and

15 subject to appropriations, the Department or any State agency

16 that assumes day care center licensing responsibilities shall

17 host licensing orientation programs to help educate potential

18 day care center, day care home, and group day care home

19 providers about the child day care licensing process. The

20 programs shall be made available in person and virtually. The

21 Department or its successor shall offer to host licensing

22 orientation programs at least twice annually in each

23 Representative District in the State. Additionally, if one or

24 more persons request that a program be offered in a language

25 other than English, then the Department or its successor must
    SB2394 Enrolled         - 2045 - LRB104 09208 AMC 19265 b

1 accommodate the request.

2   (b) No later than September 30th of each year, the

3 Department shall provide the General Assembly with a

4 comprehensive report on its progress in meeting performance

5 measures and goals related to child day care licensing.

6   (c) The report shall include:

7   (1) details on the funding for child day care

8   licensing, including:

9   (A) the total number of full-time employees

10  working on child day care licensing;

11  (B) the names of all sources of revenue used to

12  support child day care licensing;

13  (C) the amount of expenditures that is claimed

14  against federal funding sources;

15  (D) the identity of federal funding sources; and

16  (E) how funds are appropriated, including

17  appropriations for line staff, support staff,

18  supervisory staff, and training and other expenses and

19  the funding history of such licensing since fiscal

20  year 2010;

21  (2) current staffing qualifications of day care

22  licensing representatives and day care licensing

23  supervisors in comparison with staffing qualifications

24  specified in the job description;

25  (3) data history for fiscal year 2010 to the current

26  fiscal year on day care licensing representative caseloads
    SB2394 Enrolled      - 2046 - LRB104 09208 AMC 19265 b

1   and staffing levels in all areas of the State;

2   (4) per the DCFS Child Day Care Licensing Advisory

3   Council's work plan, quarterly data on the following

4   measures:

5   (A) the percentage of new applications disposed of

6   within 90 days;

7   (B) the percentage of licenses renewed on time;

8   (C) the percentage of day care centers receiving

9   timely annual monitoring visits;

10  (D) the percentage of day care homes receiving

11  timely annual monitoring visits;

12  (E) the percentage of group day care homes

13  receiving timely annual monitoring visits;

14  (F) the percentage of provider requests for

15  supervisory review;

16  (G) the progress on adopting a key indicator

17  system;

18  (H) the percentage of complaints disposed of

19  within 30 days;

20  (I) the average number of days a day care center

21  applicant must wait to attend a licensing orientation;

22  (J) the number of licensing orientation sessions

23  available per region in the past year; and

24  (K) the number of Department trainings related to

25  licensing and child development available to providers

26  in the past year; and
    SB2394 Enrolled           - 2047 - LRB104 09208 AMC 19265 b

1           (5) efforts to coordinate with the Department of Human

2   Services and the State Board of Education on professional

3   development, credentialing issues, and child developers,

4   including training registry, child developers, and Quality

5   Rating and Improvement Systems (QRIS).

6   (d) The Department shall work with the Governor's

7 appointed Early Learning Council on issues related to and

8 concerning child day care.

9 (Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)

10  (Text of Section after amendment by P.A. 103-594)

11  Sec. 7.10. Licensing orientation program and progress

12 report.

13  (a) For the purposes of this Section, "child day care

14 licensing" or "day care licensing" means licensing of day care

15 centers, day care homes, and group day care homes.

16  (a-5) In addition to current day care daycare training and

17 subject to appropriations, the Department or any State agency

18 that assumes day care center licensing responsibilities shall

19 host licensing orientation programs to help educate potential

20 day care center, day care home, and group day care home

21 providers about the child day care licensing process. The

22 programs shall be made available in person and virtually. The

23 Department or its successor shall offer to host licensing

24 orientation programs at least twice annually in each

25 Representative District in the State. Additionally, if one or
    SB2394 Enrolled         - 2048 - LRB104 09208 AMC 19265 b

1 more persons request that a program be offered in a language

2 other than English, then the Department or its successor must

3 accommodate the request.

4   (b) No later than September 30th of each year, the

5 Department of Early Childhood shall provide the General

6 Assembly with a comprehensive report on its progress in

7 meeting performance measures and goals related to child day

8 care licensing.

9   (c) The report shall include:

10  (1) details on the funding for child day care

11  licensing, including:

12  (A) the total number of full-time employees

13  working on child day care licensing;

14  (B) the names of all sources of revenue used to

15  support child day care licensing;

16  (C) the amount of expenditures that is claimed

17  against federal funding sources;

18  (D) the identity of federal funding sources; and

19  (E) how funds are appropriated, including

20  appropriations for line staff, support staff,

21  supervisory staff, and training and other expenses and

22  the funding history of such licensing since fiscal

23  year 2010;

24  (2) current staffing qualifications of day care

25  licensing representatives and day care licensing

26  supervisors in comparison with staffing qualifications
    SB2394 Enrolled      - 2049 - LRB104 09208 AMC 19265 b

1   specified in the job description;

2   (3) data history for fiscal year 2010 to the current

3   fiscal year on day care licensing representative caseloads

4   and staffing levels in all areas of the State;

5   (4) per the DCFS Child Day Care Licensing Advisory

6   Council's work plan, quarterly data on the following

7   measures:

8   (A) the percentage of new applications disposed of

9   within 90 days;

10  (B) the percentage of licenses renewed on time;

11  (C) the percentage of day care centers receiving

12  timely annual monitoring visits;

13  (D) the percentage of day care homes receiving

14  timely annual monitoring visits;

15  (E) the percentage of group day care homes

16  receiving timely annual monitoring visits;

17  (F) the percentage of provider requests for

18  supervisory review;

19  (G) the progress on adopting a key indicator

20  system;

21  (H) the percentage of complaints disposed of

22  within 30 days;

23  (I) the average number of days a day care center

24  applicant must wait to attend a licensing orientation;

25  (J) the number of licensing orientation sessions

26  available per region in the past year; and
    SB2394 Enrolled       - 2050 - LRB104 09208 AMC 19265 b

1   (K) the number of Department of Early Childhood

2   trainings related to licensing and child development

3   available to providers in the past year; and

4   (5) efforts to coordinate with the Department of Human

5   Services and the State Board of Education on professional

6   development, credentialing issues, and child developers,

7   including training registry, child developers, and Quality

8   Rating and Improvement Systems (QRIS).

9   (d) The Department of Early Childhood shall work with the

10 Governor's appointed Early Learning Council on issues related

11 to and concerning child day care.

12 (Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;

13 revised 11-26-24.)

14  (225 ILCS 10/18) (from Ch. 23, par. 2228)

15  (Text of Section before amendment by P.A. 103-594)

16  Sec. 18. Any person, group of persons, association, or

17 corporation that who:

18  (1) conducts, operates, or acts as a child care

19  facility without a license or permit to do so in violation

20  of Section 3 of this Act;

21  (2) makes materially false statements in order to

22  obtain a license or permit;

23  (3) fails to keep the records and make the reports

24  provided under this Act;

25  (4) advertises any service not authorized by license
    SB2394 Enrolled    - 2051 - LRB104 09208 AMC 19265 b

1   or permit held;

2   (5) publishes any advertisement in violation of this

3   Act;

4   (6) receives within this State any child in violation

5   of Section 16 of this Act; or

6   (7) violates any other provision of this Act or any

7   reasonable rule or regulation adopted and published by the

8   Department for the enforcement of the provisions of this

9   Act;,

10 is guilty of a Class A misdemeanor and, in case of an

11 association or corporation, imprisonment may be imposed upon

12 its officers who knowingly participated in the violation.

13  Any child care facility that continues to operate after

14 its license is revoked under Section 8 of this Act or after its

15 license expires and the Department refused to renew the

16 license as provided in Section 8 of this Act is guilty of a

17 business offense and shall be fined an amount in excess of $500

18 but not exceeding $10,000, and each day of violation is a

19 separate offense.

20  In a prosecution under this Act, a defendant who relies

21 upon the relationship of any child to the defendant has the

22 burden of proof as to that relationship.

23 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24;

24 revised 10-21-24.)

25  (Text of Section after amendment by P.A. 103-594)
    SB2394 Enrolled  - 2052 - LRB104 09208 AMC 19265 b

1   Sec. 18. Any person, group of persons, association, or

2 corporation that who, with respect to a child care facility

3 other than a day care center, day care home, or group day care

4 home:

5        (1) conducts, operates, or acts as a child care

6        facility without a license or permit to do so in

7        violation of Section 3 of this Act;

8        (2) makes materially false statements in order to

9        obtain a license or permit;

10       (3) fails to keep the records and make the reports

11       provided under this Act;

12       (4) advertises any service not authorized by

13       license or permit held;

14       (5) publishes any advertisement in violation of

15       this Act;

16       (6) receives within this State any child in

17       violation of Section 16 of this Act; or

18       (7) violates any other provision of this Act or

19       any reasonable rule or regulation adopted and

20       published by the Department for the enforcement of the

21       provisions of this Act;,

22 is guilty of a Class A misdemeanor and, in case of an

23 association or corporation, imprisonment may be imposed upon

24 its officers who knowingly participated in the violation.

25  Any child care facility (other than a day care center, day

26 care home, or group day care home) that continues to operate
    SB2394 Enrolled         - 2053 - LRB104 09208 AMC 19265 b

1 after its license is revoked under Section 8 of this Act or

2 after its license expires and the Department refused to renew

3 the license as provided in Section 8 of this Act is guilty of a

4 business offense and shall be fined an amount in excess of $500

5 but not exceeding $10,000, and each day of violation is a

6 separate offense.

7   In a prosecution under this Act, a defendant who relies

8 upon the relationship of any child to the defendant has the

9 burden of proof as to that relationship.

10 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;

11 103-605, eff. 7-1-24; revised 10-21-24.)

12  (225 ILCS 10/18.1)

13  (This Section may contain text from a Public Act with a

14 delayed effective date)

15  Sec. 18.1. Violations; day care center, day care home, or

16 group day care home. Any person, group of persons,

17 association, or corporation that:

18  (1) conducts, operates, or acts as a day care center,

19  day care home, or group day care home without a license or

20  permit to do so in violation of Section 3.01 of this Act;

21  (2) makes materially false statements in order to

22  obtain a license or permit;

23  (3) fails to keep the records and make the reports

24  provided under this Act;

25  (4) advertises any service not authorized by license
    SB2394 Enrolled  - 2054 - LRB104 09208 AMC 19265 b

1   or permit held;

2   (5) publishes any advertisement in violation of this

3   Act;

4   (6) receives within this State any child in violation

5   of Section 16.1 of this Act; or

6   (7) violates any other provision of this Act or any

7   reasonable rule or regulation adopted and published by the

8   Department of Early Childhood for the enforcement of the

9   provisions of this Act;,

10 is guilty of a Class A misdemeanor and, in the case of an

11 association or corporation, imprisonment may be imposed upon

12 its officers who knowingly participated in the violation.

13  Any day care center, day care home, or group day care home

14 that continues to operate after its license is revoked under

15 Section 8 or 8a of this Act or after its license expires and

16 the Department of Early Childhood refused to renew the license

17 as provided in Section 8 or 8a of this Act is guilty of a

18 business offense and shall be fined an amount in excess of $500

19 but not exceeding $10,000. Each day of violation is a separate

20 offense.

21  In a prosecution under this Act, a defendant who relies

22 upon the relationship of any child to the defendant has the

23 burden of proof as to that relationship.

24 (Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)

25  Section 820. The Clinical Social Work and Social Work
    SB2394 Enrolled   - 2055 - LRB104 09208 AMC 19265 b

1 Practice Act is amended by changing Section 19 as follows:

2   (225 ILCS 20/19)

3   (Section scheduled to be repealed on January 1, 2028)

4   Sec. 19. Grounds for disciplinary action.

5   (1) The Department may refuse to issue or renew a license,

6 or may suspend, revoke, place on probation, reprimand, or take

7 any other disciplinary or non-disciplinary action deemed

8 appropriate by the Department, including the imposition of

9 fines not to exceed $10,000 for each violation, with regard to

10 any license issued under the provisions of this Act for any one

11 or a combination of the following grounds:

12  (a) material misstatements in furnishing information

13  to the Department or to any other State agency or in

14  furnishing information to any insurance company with

15  respect to a claim on behalf of a licensee or a patient;

16  (b) violations or negligent or intentional disregard

17  of this Act, or any of the rules promulgated hereunder;

18  (c) conviction of or entry of a plea of guilty or nolo

19  contendere, finding of guilt, jury verdict, or entry of

20  judgment or sentencing, including, but not limited to,

21  convictions, preceding sentences of supervision,

22  conditional discharge, or first offender probation, under

23  the laws of any jurisdiction of the United States that is

24  (i) a felony or (ii) a misdemeanor, an essential element

25  of which is dishonesty, or that is directly related to the
    SB2394 Enrolled  - 2056 - LRB104 09208 AMC 19265 b

1   practice of the clinical social work or social work

2   professions;

3   (d) fraud or misrepresentation in applying for or

4   procuring a license under this Act or in connection with

5   applying for renewal or restoration of a license under

6   this Act;

7   (e) professional incompetence;

8   (f) gross negligence in practice under this Act;

9   (g) aiding or assisting another person in violating

10  any provision of this Act or its rules;

11  (h) failing to provide information within 60 days in

12  response to a written request made by the Department;

13  (i) engaging in dishonorable, unethical or

14  unprofessional conduct of a character likely to deceive,

15  defraud or harm the public as defined by the rules of the

16  Department, or violating the rules of professional conduct

17  adopted by the Department;

18  (j) habitual or excessive use or abuse of drugs

19  defined in law as controlled substances, of alcohol, or of

20  any other substances that results in the inability to

21  practice with reasonable judgment, skill, or safety;

22  (k) adverse action taken by another state or

23  jurisdiction, if at least one of the grounds for the

24  discipline is the same or substantially equivalent to

25  those set forth in this Section;

26  (l) directly or indirectly giving to or receiving from
    SB2394 Enrolled   - 2057 - LRB104 09208 AMC 19265 b

1   any person, firm, corporation, partnership, or association

2   any fee, commission, rebate or other form of compensation

3   for any professional service not actually rendered.

4   Nothing in this paragraph (l) affects any bona fide

5   independent contractor or employment arrangements among

6   health care professionals, health facilities, health care

7   providers, or other entities, except as otherwise

8   prohibited by law. Any employment arrangements may include

9   provisions for compensation, health insurance, pension, or

10  other employment benefits for the provision of services

11  within the scope of the licensee's practice under this

12  Act. Nothing in this paragraph (l) shall be construed to

13  require an employment arrangement to receive professional

14  fees for services rendered;

15  (m) a finding by the Department that the licensee,

16  after having the license placed on probationary status,

17  has violated the terms of probation or failed to comply

18  with such terms;

19  (n) abandonment, without cause, of a client;

20  (o) willfully making or filing false records or

21  reports relating to a licensee's practice, including, but

22  not limited to, false records filed with Federal or State

23  agencies or departments;

24  (p) willfully failing to report an instance of

25  suspected child abuse or neglect as required by the Abused

26  and Neglected Child Reporting Act;
    SB2394 Enrolled       - 2058 - LRB104 09208 AMC 19265 b

1   (q) being named as a perpetrator in an indicated

2   report by the Department of Children and Family Services

3   under the Abused and Neglected Child Reporting Act, and

4   upon proof by clear and convincing evidence that the

5   licensee has caused a child to be an abused child or

6   neglected child as defined in the Abused and Neglected

7   Child Reporting Act;

8   (r) physical illness, mental illness, or any other

9   impairment or disability, including, but not limited to,

10  deterioration through the aging process, or loss of motor

11  skills that results in the inability to practice the

12  profession with reasonable judgment, skill or safety;

13  (s) solicitation of professional services by using

14  false or misleading advertising;

15  (t) violation of the Health Care Worker Self-Referral

16  Act;

17  (u) willfully failing to report an instance of

18  suspected abuse, neglect, financial exploitation, or

19  self-neglect of an eligible adult as defined in and

20  required by the Adult Protective Services Act; or

21  (v) being named as an abuser in a verified report by

22  the Department on Aging under the Adult Protective

23  Services Act, and upon proof by clear and convincing

24  evidence that the licensee abused, neglected, or

25  financially exploited an eligible adult as defined in the

26  Adult Protective Services Act.
    SB2394 Enrolled  - 2059 - LRB104 09208 AMC 19265 b

1   (2) (Blank).

2   (3) The determination by a court that a licensee is

3 subject to involuntary admission or judicial admission as

4 provided in the Mental Health and Developmental Disabilities

5 Code, will result in an automatic suspension of the licensee's

6 license. Such suspension will end upon a finding by a court

7 that the licensee is no longer subject to involuntary

8 admission or judicial admission and issues an order so finding

9 and discharging the patient, and upon the recommendation of

10 the Board to the Secretary that the licensee be allowed to

11 resume professional practice.

12  (4) The Department shall refuse to issue or renew or may

13 suspend the license of a person who (i) fails to file a return,

14 pay the tax, penalty, or interest shown in a filed return, or

15 pay any final assessment of tax, penalty, or interest, as

16 required by any tax Act administered by the Department of

17 Revenue, until the requirements of the tax Act are satisfied

18 or (ii) has failed to pay any court-ordered child support as

19 determined by a court order or by referral from the Department

20 of Healthcare and Family Services.

21  (4.5) The Department shall not revoke, suspend, summarily

22 suspend, place on prohibition, reprimand, refuse to issue or

23 renew, or take any other disciplinary or non-disciplinary

24 action against a license or permit issued under this Act based

25 solely upon the licensed clinical social worker authorizing,

26 recommending, aiding, assisting, referring for, or otherwise
    SB2394 Enrolled   - 2060 - LRB104 09208 AMC 19265 b

1 participating in any health care service, so long as the care

2 was not unlawful under the laws of this State, regardless of

3 whether the patient was a resident of this State or another

4 state.

5   (4.10) The Department shall not revoke, suspend, summarily

6 suspend, place on prohibition, reprimand, refuse to issue or

7 renew, or take any other disciplinary or non-disciplinary

8 action against the license or permit issued under this Act to

9 practice as a licensed clinical social worker based upon the

10 licensed clinical social worker's license being revoked or

11 suspended, or the licensed clinical social worker being

12 otherwise disciplined by any other state, if that revocation,

13 suspension, or other form of discipline was based solely on

14 the licensed clinical social worker violating another state's

15 laws prohibiting the provision of, authorization of,

16 recommendation of, aiding or assisting in, referring for, or

17 participation in any health care service if that health care

18 service as provided would not have been unlawful under the

19 laws of this State and is consistent with the standards of

20 conduct for a licensed clinical social worker practicing in

21 Illinois.

22  (4.15) The conduct specified in subsection (4.5), (4.10),

23 (4.25), or (4.30) shall not constitute grounds for suspension

24 under Section 32.

25  (4.20) An applicant seeking licensure, certification, or

26 authorization pursuant to this Act who has been subject to
    SB2394 Enrolled  - 2061 - LRB104 09208 AMC 19265 b

1 disciplinary action by a duly authorized professional

2 disciplinary agency of another jurisdiction solely on the

3 basis of having authorized, recommended, aided, assisted,

4 referred for, or otherwise participated in health care shall

5 not be denied such licensure, certification, or authorization,

6 unless the Department determines that such action would have

7 constituted professional misconduct in this State; however,

8 nothing in this Section shall be construed as prohibiting the

9 Department from evaluating the conduct of such applicant and

10 making a determination regarding the licensure, certification,

11 or authorization to practice a profession under this Act.

12  (4.25) The Department may not revoke, suspend, summarily

13 suspend, place on prohibition, reprimand, refuse to issue or

14 renew, or take any other disciplinary or non-disciplinary

15 action against a license or permit issued under this Act based

16 solely upon an immigration violation by the licensed clinical

17 social worker.

18  (4.30) The Department may not revoke, suspend, summarily

19 suspend, place on prohibition, reprimand, refuse to issue or

20 renew, or take any other disciplinary or non-disciplinary

21 action against the license or permit issued under this Act to

22 practice as a licensed clinical social worker based upon the

23 licensed clinical social worker's license being revoked or

24 suspended, or the licensed clinical social worker being

25 otherwise disciplined by any other state, if that revocation,

26 suspension, or other form of discipline was based solely upon
    SB2394 Enrolled   - 2062 - LRB104 09208 AMC 19265 b

1 an immigration violation by the licensed clinical social

2 worker.

3   (5)(a) In enforcing this Section, the Department or Board,

4 upon a showing of a possible violation, may compel a person

5 licensed to practice under this Act, or who has applied for

6 licensure under this Act, to submit to a mental or physical

7 examination, or both, which may include a substance abuse or

8 sexual offender evaluation, as required by and at the expense

9 of the Department.

10  (b) The Department shall specifically designate the

11 examining physician licensed to practice medicine in all of

12 its branches or, if applicable, the multidisciplinary team

13 involved in providing the mental or physical examination or

14 both. The multidisciplinary team shall be led by a physician

15 licensed to practice medicine in all of its branches and may

16 consist of one or more or a combination of physicians licensed

17 to practice medicine in all of its branches, licensed clinical

18 psychologists, licensed clinical social workers, licensed

19 clinical professional counselors, and other professional and

20 administrative staff. Any examining physician or member of the

21 multidisciplinary team may require any person ordered to

22 submit to an examination pursuant to this Section to submit to

23 any additional supplemental testing deemed necessary to

24 complete any examination or evaluation process, including, but

25 not limited to, blood testing, urinalysis, psychological

26 testing, or neuropsychological testing.
    SB2394 Enrolled           - 2063 - LRB104 09208 AMC 19265 b

1   (c) The Board or the Department may order the examining

2 physician or any member of the multidisciplinary team to

3 present testimony concerning this mental or physical

4 examination of the licensee or applicant. No information,

5 report, record, or other documents in any way related to the

6 examination shall be excluded by reason of any common law or

7 statutory privilege relating to communications between the

8 licensee or applicant and the examining physician or any

9 member of the multidisciplinary team. No authorization is

10 necessary from the licensee or applicant ordered to undergo an

11 examination for the examining physician or any member of the

12 multidisciplinary team to provide information, reports,

13 records, or other documents or to provide any testimony

14 regarding the examination and evaluation.

15  (d) The person to be examined may have, at the person's own

16 expense, another physician of the person's choice present

17 during all aspects of the examination. However, that physician

18 shall be present only to observe and may not interfere in any

19 way with the examination.

20  (e) Failure of any person to submit to a mental or physical

21 examination without reasonable cause, when ordered, shall

22 result in an automatic suspension of the person's license

23 until the person submits to the examination.

24  (f) If the Department or Board finds a person unable to

25 practice because of the reasons set forth in this Section, the

26 Department or Board may require that person to submit to care,
    SB2394 Enrolled  - 2064 - LRB104 09208 AMC 19265 b

1 counseling, or treatment by physicians approved or designated

2 by the Department or Board, as a condition, term, or

3 restriction for continued, reinstated, or renewed licensure to

4 practice; or, in lieu of care, counseling or treatment, the

5 Department may file, or the Board may recommend to the

6 Department to file, a complaint to immediately suspend,

7 revoke, or otherwise discipline the license of the person. Any

8 person whose license was granted, continued, reinstated,

9 renewed, disciplined or supervised subject to such terms,

10 conditions or restrictions, and who fails to comply with such

11 terms, conditions, or restrictions, shall be referred to the

12 Secretary for a determination as to whether the person's

13 license shall be suspended immediately, pending a hearing by

14 the Department.

15  (g) All fines imposed shall be paid within 60 days after

16 the effective date of the order imposing the fine or in

17 accordance with the terms set forth in the order imposing the

18 fine.

19  In instances in which the Secretary immediately suspends a

20 person's license under this Section, a hearing on that

21 person's license must be convened by the Department within 30

22 days after the suspension and completed without appreciable

23 delay. The Department and Board shall have the authority to

24 review the subject person's record of treatment and counseling

25 regarding the impairment, to the extent permitted by

26 applicable federal statutes and regulations safeguarding the
    SB2394 Enrolled        - 2065 - LRB104 09208 AMC 19265 b

1 confidentiality of medical records.

2   A person licensed under this Act and affected under this

3 Section shall be afforded an opportunity to demonstrate to the

4 Department or Board that the person can resume practice in

5 compliance with acceptable and prevailing standards under the

6 provisions of the person's license.

7   (h) The Department may adopt rules to implement the

8 changes made by Public Act 102-1117 this amendatory Act of the

9 102nd General Assembly.

10 (Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25;

11 103-1048, eff. 1-1-25; revised 11-26-24.)

12  Section 825. The Illinois Dental Practice Act is amended

13 by changing Sections 4 and 17.2 as follows:

14  (225 ILCS 25/4) (from Ch. 111, par. 2304)

15  (Section scheduled to be repealed on January 1, 2026)

16  Sec. 4. Definitions. As used in this Act:

17  "Address of record" means the designated address recorded

18 by the Department in the applicant's or licensee's application

19 file or license file as maintained by the Department's

20 licensure maintenance unit. It is the duty of the applicant or

21 licensee to inform the Department of any change of address and

22 those changes must be made either through the Department's

23 website or by contacting the Department.

24  "Department" means the Department of Financial and
    SB2394 Enrolled         - 2066 - LRB104 09208 AMC 19265 b

1 Professional Regulation.

2   "Secretary" means the Secretary of Financial and

3 Professional Regulation.

4   "Board" means the Board of Dentistry.

5   "Dentist" means a person who has received a general

6 license pursuant to subsection paragraph (a) of Section 11 of

7 this Act and who may perform any intraoral and extraoral

8 procedure required in the practice of dentistry and to whom is

9 reserved the responsibilities specified in Section 17.

10  "Dental hygienist" means a person who holds a license

11 under this Act to perform dental services as authorized by

12 Section 18.

13  "Dental assistant" means an appropriately trained person

14 who, under the supervision of a dentist, provides dental

15 services as authorized by Section 17.

16  "Expanded function dental assistant" means a dental

17 assistant who has completed the training required by Section

18 17.1 of this Act.

19  "Dental laboratory" means a person, firm, or corporation

20 which:

21         (i) engages in making, providing, repairing, or

22  altering dental prosthetic appliances and other artificial

23  materials and devices which are returned to a dentist for

24  insertion into the human oral cavity or which come in

25  contact with its adjacent structures and tissues; and

26         (ii) utilizes or employs a dental technician to
    SB2394 Enrolled        - 2067 - LRB104 09208 AMC 19265 b

1   provide such services; and

2   (iii) performs such functions only for a dentist or

3   dentists.

4   "Supervision" means supervision of a dental hygienist or a

5 dental assistant requiring that a dentist authorize the

6 procedure, remain in the dental facility while the procedure

7 is performed, and approve the work performed by the dental

8 hygienist or dental assistant before dismissal of the patient,

9 but does not mean that the dentist must be present at all times

10 in the treatment room.

11  "General supervision" means supervision of a dental

12 hygienist requiring that the patient be a patient of record,

13 that the dentist examine the patient in accordance with

14 Section 18 prior to treatment by the dental hygienist, and

15 that the dentist authorize the procedures which are being

16 carried out by a notation in the patient's record, but not

17 requiring that a dentist be present when the authorized

18 procedures are being performed. The issuance of a prescription

19 to a dental laboratory by a dentist does not constitute

20 general supervision.

21  "Public member" means a person who is not a health

22 professional. For purposes of board membership, any person

23 with a significant financial interest in a health service or

24 profession is not a public member.

25  "Dentistry" means the healing art which is concerned with

26 the examination, diagnosis, treatment planning, and care of
    SB2394 Enrolled  - 2068 - LRB104 09208 AMC 19265 b

1 conditions within the human oral cavity and its adjacent

2 tissues and structures, as further specified in Section 17.

3   "Branches of dentistry" means the various specialties of

4 dentistry which, for purposes of this Act, shall be limited to

5 the following: endodontics, oral and maxillofacial surgery,

6 orthodontics and dentofacial orthopedics, pediatric dentistry,

7 periodontics, prosthodontics, oral and maxillofacial

8 radiology, and dental anesthesiology.

9   "Specialist" means a dentist who has received a specialty

10 license pursuant to subsection (b) of Section 11 11(b).

11  "Dental technician" means a person who owns, operates, or

12 is employed by a dental laboratory and engages in making,

13 providing, repairing, or altering dental prosthetic appliances

14 and other artificial materials and devices which are returned

15 to a dentist for insertion into the human oral cavity or which

16 come in contact with its adjacent structures and tissues.

17  "Informed consent" means legally valid consent that is

18 given by a patient or legal guardian, that is recorded in

19 writing or digitally, that authorizes intervention or

20 treatment services from the treating dentist, and that

21 documents agreement to participate in those services and

22 knowledge of the risks, benefits, and alternatives, including

23 the decision to withdraw from or decline treatment.

24  "Impaired dentist" or "impaired dental hygienist" means a

25 dentist or dental hygienist who is unable to practice with

26 reasonable skill and safety because of a physical or mental
    SB2394 Enrolled         - 2069 - LRB104 09208 AMC 19265 b

1 disability as evidenced by a written determination or written

2 consent based on clinical evidence, including deterioration

3 through the aging process, loss of motor skills, abuse of

4 drugs or alcohol, or a psychiatric disorder, of sufficient

5 degree to diminish the person's ability to deliver competent

6 patient care.

7   "Nurse" means a registered professional nurse, a certified

8 registered nurse anesthetist licensed as an advanced practice

9 registered nurse, or a licensed practical nurse licensed under

10 the Nurse Practice Act.

11  "Patient of record", except as provided in Section 17.2,

12 means a patient for whom the patient's most recent dentist has

13 obtained a relevant medical and dental history and on whom the

14 dentist has performed a physical examination within the last

15 year and evaluated the condition to be treated, including a

16 review of the patient's most recent x-rays.

17  "Dental responder" means a dentist or dental hygienist who

18 is appropriately certified in disaster preparedness,

19 immunizations, and dental humanitarian medical response

20 consistent with the Society of Disaster Medicine and Public

21 Health and training certified by the National Incident

22 Management System or the National Disaster Life Support

23 Foundation.

24  "Mobile dental van or portable dental unit" means any

25 self-contained or portable dental unit in which dentistry is

26 practiced that can be moved, towed, or transported from one
    SB2394 Enrolled  - 2070 - LRB104 09208 AMC 19265 b

1 location to another in order to establish a location where

2 dental services can be provided.

3   "Public health dental hygienist" means a hygienist who

4 holds a valid license to practice in the State, has 2 years of

5 full-time clinical experience or an equivalent of 4,000 hours

6 of clinical experience, and has completed at least 42 clock

7 hours of additional structured courses in dental education in

8 advanced areas specific to public health dentistry.

9   "Public health setting" means a federally qualified health

10 center; a federal, State, or local public health facility;

11 Head Start; a special supplemental nutrition program for

12 Women, Infants, and Children (WIC) facility; a certified

13 school-based health center or school-based oral health

14 program; a prison; or a long-term care facility.

15  "Public health supervision" means the supervision of a

16 public health dental hygienist by a licensed dentist who has a

17 written public health supervision agreement with that public

18 health dental hygienist while working in an approved facility

19 or program that allows the public health dental hygienist to

20 treat patients, without a dentist first examining the patient

21 and being present in the facility during treatment, (1) who

22 are eligible for Medicaid or (2) who are uninsured or whose

23 household income is not greater than 300% of the federal

24 poverty level.

25  "Teledentistry" means the use of telehealth systems and

26 methodologies in dentistry and includes patient diagnosis,
    SB2394 Enrolled  - 2071 - LRB104 09208 AMC 19265 b

1 treatment planning, care, and education delivery for a patient

2 of record using synchronous and asynchronous communications

3 under an Illinois licensed dentist's authority as provided

4 under this Act.

5   "Moderate sedation" means a drug-induced depression of

6 consciousness during which: (1) patients respond purposefully

7 to verbal commands, either alone or accompanied by light

8 tactile stimulation; (2) no interventions are required to

9 maintain a patient's airway and spontaneous ventilation is

10 adequate; and (3) cardiovascular function is usually

11 maintained.

12  "Deep sedation" means a drug-induced depression of

13 consciousness during which: (1) patients cannot be easily

14 aroused, but respond purposefully following repeated or

15 painful stimulation; (2) the ability to independently maintain

16 ventilatory function may be impaired; (3) patients may require

17 assistance in maintaining airways and spontaneous ventilation

18 may be inadequate; and (4) cardiovascular function is usually

19 maintained.

20  "General anesthesia" means a drug-induced loss of

21 consciousness during which: (1) patients are not arousable,

22 even by painful stimulation; (2) the ability to independently

23 maintain ventilatory function is often impaired; (3) patients

24 often require assistance in maintaining airways and positive

25 pressure ventilation may be required because of depressed

26 spontaneous ventilation or drug-induced depression of
    SB2394 Enrolled     - 2072 - LRB104 09208 AMC 19265 b

1 neuromuscular function; and (4) cardiovascular function may be

2 impaired.

3   "Venipuncture" means the puncture of a vein as part of a

4 medical procedure, typically to withdraw a blood sample or for

5 an intravenous catheter for the administration of medication

6 or fluids.

7   "Enteral route of administration" means administration of

8 a drug that is absorbed through the gastrointestinal tract or

9 through oral, rectal, or sublingual mucosa.

10  "Parenteral route of administration" means administration

11 of a drug by which the drug bypasses the gastrointestinal

12 tract through intramuscular, intravenous, intranasal,

13 submucosal, subcutaneous, or intraosseous methods.

14 (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;

15 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.

16 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902,

17 eff. 8-9-24; revised 10-10-24.)

18  (225 ILCS 25/17.2)

19  (Section scheduled to be repealed on January 1, 2026)

20  Sec. 17.2. Teledentistry.

21  (a) As used in this Section, "patient of record" means a

22 patient for whom the patient's most recent Illinois-licensed

23 dentist has obtained a relevant medical and dental history and

24 on whom the dentist has (i) performed a physical examination

25 within the last year; (ii) obtained relevant records that are
   SB2394 Enrolled  - 2073 - LRB104 09208 AMC 19265 b

1 appropriate for the type of teledentistry service being

2 provided from an in-person examination within the previous 12

3 months, including a review of the patient's most recent

4 x-rays; or (iii) established a relationship with the patient

5 through an exchange of protected health information for the

6 purpose of providing emergency care, treatment, or services in

7 accordance with subsection (c).

8  (b) A dentist may only practice or utilize teledentistry

9 on a patient of record. A dentist practicing dentistry through

10 teledentistry is subject to the same standard of care and

11 practice standards that are applicable to dental services

12 provided in a clinic or office setting. A dentist may provide

13 and delegate dental services using teledentistry only under

14 the supervision requirements as specified in this Act for

15 in-person care. Prior to providing teledentistry services to a

16 patient, a dentist must obtain informed consent from the

17 patient as to the treatment proposed to be offered through

18 teledentistry by the dentist. A dentist providing

19 teledentistry under this Section shall provide the patient

20 with the his or her name, direct telephone number, and

21 physical practice address. It is a violation of this Act for a

22 provider of dental services rendering care through

23 teledentistry to require a patient to sign an agreement that

24 limits in any way the patient's ability to write a review of

25 services received or file a complaint with the Department or

26 other regulatory agency. The Department shall adopt rules to
    SB2394 Enrolled     - 2074 - LRB104 09208 AMC 19265 b

1 provide for the use of teledentistry in the State of Illinois.

2   (c) A dentist may treat a patient of record to provide

3 emergent care or conduct an initial consultation using

4 teledentistry for the purpose of treating or assessing for

5 acute pain, infection, injury, or any intraoral or perioral

6 condition that presents immediate harm or discomfort to the

7 patient for which treatment cannot be postponed. A provider of

8 dental services rendering emergent care or conducting an

9 initial consultation through teledentistry must direct the

10 patient to receive appropriate in-person care after the

11 provision of teledentistry services.

12 (Source: P.A. 103-902, eff. 8-9-24; revised 10-21-24.)

13  Section 830. The Dietitian Nutritionist Practice Act is

14 amended by changing Section 17 as follows:

15  (225 ILCS 30/17)

16  (Section scheduled to be repealed on January 1, 2028)

17  Sec. 17. Other activities subject to licensure under this

18 Act.

19  (a) A licensed dietitian nutritionist may order patient or

20 resident diets, including therapeutic diets, in accordance

21 with the following:

22       (1) Enteral and parenteral nutrition therapy shall

23  consist of enteral feedings or specialized intravenous

24  solutions and shall only be performed by an individual
    SB2394 Enrolled    - 2075 - LRB104 09208 AMC 19265 b

1   licensed under this Act who:

2   (a) is a registered dietitian or registered

3   dietitian nutritionist currently registered with the

4   Commission on Dietetic Registration;

5   (b) is a certified nutrition support clinician as

6   currently credentialed by the National Board of

7   Nutrition Support Certification; or

8   (c) meets the requirements set forth in rules that

9   the Department may establish as necessary to implement

10  this Section to be consistent with competencies

11  necessary for evaluating, ordering, and administering

12  administrating enteral and parenteral nutrition

13  therapies.

14  (2) Notification to the patient's physician and

15  appropriate record retention, or pursuant to the

16  protocols, policies, or procedures of a health care

17  facility, as defined in the Illinois Health Facilities

18  Planning Act, in which the services are provided.

19  (b) Developing and managing food service operations whose

20 chief function is nutrition care or that are otherwise

21 utilized in the management or treatment of diseases or medical

22 conditions shall only be performed by an individual licensed

23 under this Act with competencies in the management of health

24 care food service.

25  (c) A licensed dietitian nutritionist may order oral

26 therapeutic diets.
    SB2394 Enrolled   - 2076 - LRB104 09208 AMC 19265 b

1   (d) A licensed dietitian nutritionist shall provide

2 nutrition care services using systematic, evidence-based

3 problem solving methods of the nutrition care process to

4 critically think and make decisions to address

5 nutrition-related problems and provide safe, effective, and

6 quality nutrition services, including medical nutrition

7 therapy, for individuals in clinical and community settings.

8 (Source: P.A. 102-945, eff. 1-1-23; revised 8-6-24.)

9   Section 835. The Massage Therapy Practice Act is amended

10 by changing Section 45 as follows:

11  (225 ILCS 57/45)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 45. Grounds for discipline.

14  (a) The Department may refuse to issue or renew, or may

15 revoke, suspend, place on probation, reprimand, or take other

16 disciplinary or non-disciplinary action, as the Department

17 considers appropriate, including the imposition of fines not

18 to exceed $10,000 for each violation, with regard to any

19 license or licensee for any one or more of the following:

20  (1) violations of this Act or of the rules adopted

21  under this Act;

22  (2) conviction by plea of guilty or nolo contendere,

23  finding of guilt, jury verdict, or entry of judgment or by

24  sentencing of any crime, including, but not limited to,
    SB2394 Enrolled             - 2077 - LRB104 09208 AMC 19265 b

1   convictions, preceding sentences of supervision,

2   conditional discharge, or first offender probation, under

3   the laws of any jurisdiction of the United States: (i)

4   that is a felony; or (ii) that is a misdemeanor, an

5   essential element of which is dishonesty, or that is

6   directly related to the practice of the profession;

7   (3) professional incompetence;

8   (4) advertising in a false, deceptive, or misleading

9   manner, including failing to use the massage therapist's

10  own license number in an advertisement;

11  (5) aiding, abetting, assisting, procuring, advising,

12  employing, or contracting with any unlicensed person to

13  practice massage contrary to any rules or provisions of

14  this Act;

15  (6) engaging in immoral conduct in the commission of

16  any act, such as sexual abuse, sexual misconduct, or

17  sexual exploitation, related to the licensee's practice;

18  (7) engaging in dishonorable, unethical, or

19  unprofessional conduct of a character likely to deceive,

20  defraud, or harm the public;

21  (8) practicing or offering to practice beyond the

22  scope permitted by law or accepting and performing

23  professional responsibilities which the licensee knows or

24  has reason to know that he or she is not competent to

25  perform;

26  (9)              knowingly    delegating  professional
    SB2394 Enrolled  - 2078 - LRB104 09208 AMC 19265 b

1   responsibilities to a person unqualified by training,

2   experience, or licensure to perform;

3   (10) failing to provide information in response to a

4   written request made by the Department within 60 days;

5   (11) having a habitual or excessive use of or

6   addiction to alcohol, narcotics, stimulants, or any other

7   chemical agent or drug which results in the inability to

8   practice with reasonable judgment, skill, or safety;

9   (12) having a pattern of practice or other behavior

10  that demonstrates incapacity or incompetence to practice

11  under this Act;

12  (13) discipline by another state, District of

13  Columbia, territory, or foreign nation, if at least one of

14  the grounds for the discipline is the same or

15  substantially equivalent to those set forth in this

16  Section;

17  (14) a finding by the Department that the licensee,

18  after having his or her license placed on probationary

19  status, has violated the terms of probation;

20  (15) willfully making or filing false records or

21  reports in his or her practice, including, but not limited

22  to, false records filed with State agencies or

23  departments;

24  (16) making a material misstatement in furnishing

25  information to the Department or otherwise making

26  misleading, deceptive, untrue, or fraudulent
    SB2394 Enrolled  - 2079 - LRB104 09208 AMC 19265 b

1   representations in violation of this Act or otherwise in

2   the practice of the profession;

3   (17) fraud or misrepresentation in applying for or

4   procuring a license under this Act or in connection with

5   applying for renewal of a license under this Act;

6   (18) inability to practice the profession with

7   reasonable judgment, skill, or safety as a result of

8   physical illness, including, but not limited to,

9   deterioration through the aging process, loss of motor

10  skill, or a mental illness or disability;

11  (19) charging for professional services not rendered,

12  including filing false statements for the collection of

13  fees for which services are not rendered;

14  (20) practicing under a false or, except as provided

15  by law, an assumed name; or

16  (21) cheating on or attempting to subvert the

17  licensing examination administered under this Act.

18  All fines shall be paid within 60 days of the effective

19 date of the order imposing the fine.

20  (b) A person not licensed under this Act and engaged in the

21 business of offering massage therapy services through others,

22 shall not aid, abet, assist, procure, advise, employ, or

23 contract with any unlicensed person to practice massage

24 therapy contrary to any rules or provisions of this Act. A

25 person violating this subsection (b) shall be treated as a

26 licensee for the purposes of disciplinary action under this
    SB2394 Enrolled  - 2080 - LRB104 09208 AMC 19265 b

1 Section and shall be subject to cease and desist orders as

2 provided in Section 90 of this Act.

3   (c) The Department shall revoke any license issued under

4 this Act of any person who is convicted of prostitution, rape,

5 sexual misconduct, or any crime that subjects the licensee to

6 compliance with the requirements of the Sex Offender

7 Registration Act and any such conviction shall operate as a

8 permanent bar in the State of Illinois to practice as a massage

9 therapist.

10  (c-5) A prosecuting attorney shall provide notice to the

11 Department of the licensed massage therapist's name, address,

12 practice address, and license number and a copy of the

13 criminal charges filed immediately after a licensed massage

14 therapist has been charged with any of the following offenses:

15        (1) an offense for which the sentence includes

16  registration as a sex offender;

17        (2) involuntary sexual servitude of a minor;

18        (3) the crime of battery against a patient, including

19  any offense based on sexual conduct or sexual penetration,

20  in the course of patient care or treatment; or

21        (4) a forcible felony.

22  If the victim of the crime the licensee has been charged

23 with is a patient of the licensee, the prosecuting attorney

24 shall also provide notice to the Department of the patient's

25 name.

26  Within 5 business days after receiving notice from the
    SB2394 Enrolled  - 2081 - LRB104 09208 AMC 19265 b

1 prosecuting attorney of the filing of criminal charges against

2 the licensed massage therapist, the Secretary shall issue an

3 administrative order that the licensed massage therapist shall

4 practice only with a chaperone during all patient encounters

5 pending the outcome of the criminal proceedings. The chaperone

6 shall be a licensed massage therapist or other health care

7 worker licensed by the Department. The administrative order

8 shall specify any other terms or conditions deemed appropriate

9 by the Secretary. The chaperone shall provide written notice

10 to all of the licensed massage therapist's patients explaining

11 the Department's order to use a chaperone. Each patient shall

12 sign an acknowledgment that the patient they received the

13 notice. The notice to the patient of criminal charges shall

14 include, in 14-point font, the following statement: "The

15 massage therapist is presumed innocent until proven guilty of

16 the charges.".

17  The licensed massage therapist shall provide a written

18 plan of compliance with the administrative order that is

19 acceptable to the Department within 5 business days after

20 receipt of the administrative order. Failure to comply with

21 the administrative order, failure to file a compliance plan,

22 or failure to follow the compliance plan shall subject the

23 licensed massage therapist to temporary suspension of his or

24 her license until the completion of the criminal proceedings.

25  If the licensee is not convicted of the charge or if any

26 conviction is later overturned by a reviewing court, the
    SB2394 Enrolled   - 2082 - LRB104 09208 AMC 19265 b

1 administrative order shall be vacated and removed from the

2 licensee's record.

3   The Department may adopt rules to implement this

4 subsection.

5   (d) The Department may refuse to issue or may suspend the

6 license of any person who fails to file a tax return, to pay

7 the tax, penalty, or interest shown in a filed tax return, or

8 to pay any final assessment of tax, penalty, or interest, as

9 required by any tax Act administered by the Illinois

10 Department of Revenue, until such time as the requirements of

11 the tax Act are satisfied in accordance with subsection (g) of

12 Section 2105-15 of the Civil Administrative Code of Illinois.

13  (e) (Blank).

14  (f) In cases where the Department of Healthcare and Family

15 Services has previously determined that a licensee or a

16 potential licensee is more than 30 days delinquent in the

17 payment of child support and has subsequently certified the

18 delinquency to the Department, the Department may refuse to

19 issue or renew or may revoke or suspend that person's license

20 or may take other disciplinary action against that person

21 based solely upon the certification of delinquency made by the

22 Department of Healthcare and Family Services in accordance

23 with item (5) of subsection (a) of Section 2105-15 of the Civil

24 Administrative Code of Illinois.

25  (g) The determination by a circuit court that a licensee

26 is subject to involuntary admission or judicial admission, as
   SB2394 Enrolled  - 2083 - LRB104 09208 AMC 19265 b

1 provided in the Mental Health and Developmental Disabilities

2 Code, operates as an automatic suspension. The suspension will

3 end only upon a finding by a court that the patient is no

4 longer subject to involuntary admission or judicial admission

5 and the issuance of a court order so finding and discharging

6 the patient.

7  (h) In enforcing this Act, the Department or Board, upon a

8 showing of a possible violation, may compel an individual

9 licensed to practice under this Act, or who has applied for

10 licensure under this Act, to submit to a mental or physical

11 examination, or both, as required by and at the expense of the

12 Department. The Department or Board may order the examining

13 physician to present testimony concerning the mental or

14 physical examination of the licensee or applicant. No

15 information shall be excluded by reason of any common law or

16 statutory privilege relating to communications between the

17 licensee or applicant and the examining physician. The

18 examining physicians shall be specifically designated by the

19 Board or Department. The individual to be examined may have,

20 at his or her own expense, another physician of his or her

21 choice present during all aspects of this examination. The

22 examination shall be performed by a physician licensed to

23 practice medicine in all its branches. Failure of an

24 individual to submit to a mental or physical examination, when

25 directed, shall result in an automatic suspension without

26 hearing.
    SB2394 Enrolled  - 2084 - LRB104 09208 AMC 19265 b

1   A person holding a license under this Act or who has

2 applied for a license under this Act who, because of a physical

3 or mental illness or disability, including, but not limited

4 to, deterioration through the aging process or loss of motor

5 skill, is unable to practice the profession with reasonable

6 judgment, skill, or safety, may be required by the Department

7 to submit to care, counseling, or treatment by physicians

8 approved or designated by the Department as a condition, term,

9 or restriction for continued, reinstated, or renewed licensure

10 to practice. Submission to care, counseling, or treatment as

11 required by the Department shall not be considered discipline

12 of a license. If the licensee refuses to enter into a care,

13 counseling, or treatment agreement or fails to abide by the

14 terms of the agreement, the Department may file a complaint to

15 revoke, suspend, or otherwise discipline the license of the

16 individual. The Secretary may order the license suspended

17 immediately, pending a hearing by the Department. Fines shall

18 not be assessed in disciplinary actions involving physical or

19 mental illness or impairment.

20  In instances in which the Secretary immediately suspends a

21 person's license under this Section, a hearing on that

22 person's license must be convened by the Department within 15

23 days after the suspension and completed without appreciable

24 delay. The Department and Board shall have the authority to

25 review the subject individual's record of treatment and

26 counseling regarding the impairment to the extent permitted by
    SB2394 Enrolled   - 2085 - LRB104 09208 AMC 19265 b

1 applicable federal statutes and regulations safeguarding the

2 confidentiality of medical records.

3   An individual licensed under this Act and affected under

4 this Section shall be afforded an opportunity to demonstrate

5 to the Department or Board that he or she can resume practice

6 in compliance with acceptable and prevailing standards under

7 the provisions of his or her license.

8 (Source: P.A. 102-20, eff. 1-1-22; 103-757, eff. 8-2-24;

9 revised 10-21-24.)

10  Section 840. The Medical Practice Act of 1987 is amended

11 by changing Sections 18 and 22 as follows:

12  (225 ILCS 60/18) (from Ch. 111, par. 4400-18)

13  (Section scheduled to be repealed on January 1, 2027)

14  Sec. 18. Visiting professor, physician, or resident

15 permits.

16  (A) Visiting professor permit.

17  (1) A visiting professor permit shall entitle a person

18  to practice medicine in all of its branches or to practice

19  the treatment of human ailments without the use of drugs

20  and without operative surgery provided:

21           (a) the person maintains an equivalent

22  authorization to practice medicine in all of its

23  branches or to practice the treatment of human

24  ailments without the use of drugs and without
    SB2394 Enrolled  - 2086 - LRB104 09208 AMC 19265 b

1   operative surgery in good standing in his or her

2   native licensing jurisdiction during the period of the

3   visiting professor permit;

4   (b) the person has received a faculty appointment

5   to teach in a medical, osteopathic, or chiropractic

6   school in Illinois; and

7   (c) the Department may prescribe the information

8   necessary to establish an applicant's eligibility for

9   a permit. This information shall include without

10  limitation (i) a statement from the dean of the

11  medical school at which the applicant will be employed

12  describing the applicant's qualifications and (ii) a

13  statement from the dean of the medical school listing

14  every affiliated institution in which the applicant

15  will be providing instruction as part of the medical

16  school's education program and justifying any clinical

17  activities at each of the institutions listed by the

18  dean.

19  (2) Application for visiting professor permits shall

20  be made to the Department, in writing, on forms prescribed

21  by the Department and shall be accompanied by the required

22  fee established by rule, which shall not be refundable.

23  Any application shall require the information as, in the

24  judgment of the Department, will enable the Department to

25  pass on the qualifications of the applicant.

26  (3) A visiting professor permit shall be valid for no
    SB2394 Enrolled  - 2087 - LRB104 09208 AMC 19265 b

1   longer than 2 years from the date of issuance or until the

2   time the faculty appointment is terminated, whichever

3   occurs first, and may be renewed only in accordance with

4   subdivision (A)(6) of this Section.

5   (4) The applicant may be required to appear before the

6   Medical Board for an interview prior to, and as a

7   requirement for, the issuance of the original permit and

8   the renewal.

9   (5) Persons holding a permit under this Section shall

10  only practice medicine in all of its branches or practice

11  the treatment of human ailments without the use of drugs

12  and without operative surgery in the State of Illinois in

13  their official capacity under their contract within the

14  medical school itself and any affiliated institution in

15  which the permit holder is providing instruction as part

16  of the medical school's educational program and for which

17  the medical school has assumed direct responsibility.

18  (6) After the initial renewal of a visiting professor

19  permit, a visiting professor permit shall be valid until

20  the last day of the next physician license renewal period,

21  as set by rule, and may only be renewed for applicants who

22  meet the following requirements:

23  (i) have obtained the required continuing

24  education hours as set by rule; and

25  (ii) have paid the fee prescribed for a license

26  under Section 21 of this Act.
    SB2394 Enrolled           - 2088 - LRB104 09208 AMC 19265 b

1   For initial renewal, the visiting professor must

2 successfully pass a general competency examination authorized

3 by the Department by rule, unless he or she was issued an

4 initial visiting professor permit on or after January 1, 2007,

5 but prior to July 1, 2007.

6   (B) Visiting physician permit.

7   (1) The Department may, in its discretion, issue a

8   temporary visiting physician permit, without examination,

9   provided:

10  (a) (blank);

11  (b) that the person maintains an equivalent

12  authorization to practice medicine in all of its

13  branches or to practice the treatment of human

14  ailments without the use of drugs and without

15  operative surgery in good standing in his or her

16  native licensing jurisdiction during the period of the

17  temporary visiting physician permit;

18  (c) that the person has received an invitation or

19  appointment to study, demonstrate, or perform a

20  specific medical, osteopathic, chiropractic, or

21  clinical subject or technique in a medical,

22  osteopathic, or chiropractic school, a state or

23  national medical, osteopathic, or chiropractic

24  professional association or society conference or

25  meeting, a hospital licensed under the Hospital
    SB2394 Enrolled  - 2089 - LRB104 09208 AMC 19265 b

1   Licensing Act, a hospital organized under the

2   University of Illinois Hospital Act, or a facility

3   operated pursuant to the Ambulatory Surgical Treatment

4   Center Act; and

5   (d) that the temporary visiting physician permit

6   shall only permit the holder to practice medicine in

7   all of its branches or practice the treatment of human

8   ailments without the use of drugs and without

9   operative surgery within the scope of the medical,

10  osteopathic, chiropractic, or clinical studies, or in

11  conjunction with the state or national medical,

12  osteopathic, or chiropractic professional association

13  or society conference or meeting, for which the holder

14  was invited or appointed.

15  (2) The application for the temporary visiting

16  physician permit shall be made to the Department, in

17  writing, on forms prescribed by the Department, and shall

18  be accompanied by the required fee established by rule,

19  which shall not be refundable. The application shall

20  require information that, in the judgment of the

21  Department, will enable the Department to pass on the

22  qualification of the applicant, and the necessity for the

23  granting of a temporary visiting physician permit.

24  (3) A temporary visiting physician permit shall be

25  valid for no longer than (i) 180 days from the date of

26  issuance or (ii) until the time the medical, osteopathic,
    SB2394 Enrolled       - 2090 - LRB104 09208 AMC 19265 b

1   chiropractic, or clinical studies are completed, or the

2   state or national medical, osteopathic, or chiropractic

3   professional association or society conference or meeting

4   has concluded, whichever occurs first. The temporary

5   visiting physician permit may be issued multiple times to

6   a visiting physician under this paragraph (3) as long as

7   the total number of days it is active does do not exceed

8   180 days within a 365-day period.

9   (4) The applicant for a temporary visiting physician

10  permit may be required to appear before the Medical Board

11  for an interview prior to, and as a requirement for, the

12  issuance of a temporary visiting physician permit.

13  (5) A limited temporary visiting physician permit

14  shall be issued to a physician licensed in another state

15  who has been requested to perform emergency procedures in

16  Illinois if he or she meets the requirements as

17  established by rule.

18  (C) Visiting resident permit.

19  (1) The Department may, in its discretion, issue a

20  temporary visiting resident permit, without examination,

21  provided:

22  (a) (blank);

23  (b) that the person maintains an equivalent

24  authorization to practice medicine in all of its

25  branches or to practice the treatment of human
    SB2394 Enrolled  - 2091 - LRB104 09208 AMC 19265 b

1   ailments without the use of drugs and without

2   operative surgery in good standing in his or her

3   native licensing jurisdiction during the period of the

4   temporary visiting resident permit;

5   (c) that the applicant is enrolled in a

6   postgraduate clinical training program outside the

7   State of Illinois that is approved by the Department;

8   (d) that the individual has been invited or

9   appointed for a specific period of time to perform a

10  portion of that post graduate clinical training

11  program under the supervision of an Illinois licensed

12  physician in an Illinois patient care clinic or

13  facility that is affiliated with the out-of-State post

14  graduate training program; and

15  (e) that the temporary visiting resident permit

16  shall only permit the holder to practice medicine in

17  all of its branches or practice the treatment of human

18  ailments without the use of drugs and without

19  operative surgery within the scope of the medical,

20  osteopathic, chiropractic, or clinical studies for

21  which the holder was invited or appointed.

22  (2) The application for the temporary visiting

23  resident permit shall be made to the Department, in

24  writing, on forms prescribed by the Department, and shall

25  be accompanied by the required fee established by rule.

26  The application shall require information that, in the
    SB2394 Enrolled       - 2092 - LRB104 09208 AMC 19265 b

1   judgment of the Department, will enable the Department to

2   pass on the qualifications of the applicant.

3   (3) A temporary visiting resident permit shall be

4   valid for 180 days from the date of issuance or until the

5   time the medical, osteopathic, chiropractic, or clinical

6   studies are completed, whichever occurs first.

7   (4) The applicant for a temporary visiting resident

8   permit may be required to appear before the Medical Board

9   for an interview prior to, and as a requirement for, the

10  issuance of a temporary visiting resident permit.

11  (D) Postgraduate training exemption period; visiting

12 rotations. A person may participate in visiting rotations in

13 an approved postgraduate training program, not to exceed a

14 total of 90 days for all rotations, if the following

15 information is submitted in writing or electronically to the

16 Department by the patient care clinics or facilities where the

17 person will be performing the training or by an affiliated

18 program:

19  (1) The person who has been invited or appointed to

20  perform a portion of their postgraduate clinical training

21  program in Illinois.

22  (2) The name and address of the primary patient care

23  clinic or facility, the date the training is to begin, and

24  the length of time of the invitation or appointment.

25  (3) The name and license number of the Illinois
    SB2394 Enrolled    - 2093 - LRB104 09208 AMC 19265 b

1   physician who will be responsible for supervising the

2   trainee and the medical director or division director of

3   the department or facility.

4   (4) Certification from the postgraduate training

5   program that the person is approved and enrolled in a an

6   graduate training program approved by the Department in

7   their home state.

8 (Source: P.A. 102-20, eff. 1-1-22; 103-551, eff. 8-11-23;

9 revised 8-6-24.)

10  (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

11  (Section scheduled to be repealed on January 1, 2027)

12  Sec. 22. Disciplinary action.

13  (A) The Department may revoke, suspend, place on

14 probation, reprimand, refuse to issue or renew, or take any

15 other disciplinary or non-disciplinary action as the

16 Department may deem proper with regard to the license or

17 permit of any person issued under this Act, including imposing

18 fines not to exceed $10,000 for each violation, upon any of the

19 following grounds:

20  (1) (Blank).

21  (2) (Blank).

22  (3) A plea of guilty or nolo contendere, finding of

23  guilt, jury verdict, or entry of judgment or sentencing,

24  including, but not limited to, convictions, preceding

25  sentences of supervision, conditional discharge, or first
    SB2394 Enrolled        - 2094 - LRB104 09208 AMC 19265 b

1   offender probation, under the laws of any jurisdiction of

2   the United States of any crime that is a felony.

3   (4) Gross negligence in practice under this Act.

4   (5) Engaging in dishonorable, unethical, or

5   unprofessional conduct of a character likely to deceive,

6   defraud, or harm the public.

7   (6) Obtaining any fee by fraud, deceit, or

8   misrepresentation.

9   (7) Habitual or excessive use or abuse of drugs

10  defined in law as controlled substances, of alcohol, or of

11  any other substances which results in the inability to

12  practice with reasonable judgment, skill, or safety.

13  (8) Practicing under a false or, except as provided by

14  law, an assumed name.

15  (9) Fraud or misrepresentation in applying for, or

16  procuring, a license under this Act or in connection with

17  applying for renewal of a license under this Act.

18  (10) Making a false or misleading statement regarding

19  their skill or the efficacy or value of the medicine,

20  treatment, or remedy prescribed by them at their direction

21  in the treatment of any disease or other condition of the

22  body or mind.

23  (11) Allowing another person or organization to use

24  their license, procured under this Act, to practice.

25  (12) Adverse action taken by another state or

26  jurisdiction against a license or other authorization to
    SB2394 Enrolled  - 2095 - LRB104 09208 AMC 19265 b

1   practice as a medical doctor, doctor of osteopathy, doctor

2   of osteopathic medicine, or doctor of chiropractic, a

3   certified copy of the record of the action taken by the

4   other state or jurisdiction being prima facie evidence

5   thereof. This includes any adverse action taken by a State

6   or federal agency that prohibits a medical doctor, doctor

7   of osteopathy, doctor of osteopathic medicine, or doctor

8   of chiropractic from providing services to the agency's

9   participants.

10  (13) Violation of any provision of this Act or of the

11  Medical Practice Act prior to the repeal of that Act, or

12  violation of the rules, or a final administrative action

13  of the Secretary, after consideration of the

14  recommendation of the Medical Board.

15  (14) Violation of the prohibition against fee

16  splitting in Section 22.2 of this Act.

17  (15) A finding by the Medical Board that the

18  registrant after having his or her license placed on

19  probationary status or subjected to conditions or

20  restrictions violated the terms of the probation or failed

21  to comply with such terms or conditions.

22  (16) Abandonment of a patient.

23  (17)             Prescribing,  selling,   administering,

24  distributing, giving, or self-administering any drug

25  classified as a controlled substance (designated product)

26  or narcotic for other than medically accepted therapeutic
    SB2394 Enrolled  - 2096 - LRB104 09208 AMC 19265 b

1   purposes.

2   (18) Promotion of the sale of drugs, devices,

3   appliances, or goods provided for a patient in such manner

4   as to exploit the patient for financial gain of the

5   physician.

6   (19) Offering, undertaking, or agreeing to cure or

7   treat disease by a secret method, procedure, treatment, or

8   medicine, or the treating, operating, or prescribing for

9   any human condition by a method, means, or procedure which

10  the licensee refuses to divulge upon demand of the

11  Department.

12  (20) Immoral conduct in the commission of any act,

13  including, but not limited to, commission of an act of

14  sexual misconduct related to the licensee's practice.

15  (21) Willfully making or filing false records or

16  reports in his or her practice as a physician, including,

17  but not limited to, false records to support claims

18  against the medical assistance program of the Department

19  of Healthcare and Family Services (formerly Department of

20  Public Aid) under the Illinois Public Aid Code.

21  (22) Willful omission to file or record, or willfully

22  impeding the filing or recording, or inducing another

23  person to omit to file or record, medical reports as

24  required by law, or willfully failing to report an

25  instance of suspected abuse or neglect as required by law.

26  (23) Being named as a perpetrator in an indicated
    SB2394 Enrolled       - 2097 - LRB104 09208 AMC 19265 b

1   report by the Department of Children and Family Services

2   under the Abused and Neglected Child Reporting Act, and

3   upon proof by clear and convincing evidence that the

4   licensee has caused a child to be an abused child or

5   neglected child as defined in the Abused and Neglected

6   Child Reporting Act.

7   (24) Solicitation of professional patronage by any

8   corporation, agents, or persons, or profiting from those

9   representing themselves to be agents of the licensee.

10  (25) Gross and willful and continued overcharging for

11  professional services, including filing false statements

12  for collection of fees for which services are not

13  rendered, including, but not limited to, filing such false

14  statements for collection of monies for services not

15  rendered from the medical assistance program of the

16  Department of Healthcare and Family Services (formerly

17  Department of Public Aid) under the Illinois Public Aid

18  Code.

19  (26) A pattern of practice or other behavior which

20  demonstrates incapacity or incompetence to practice under

21  this Act.

22  (27) Mental illness or disability which results in the

23  inability to practice under this Act with reasonable

24  judgment, skill, or safety.

25  (28) Physical illness, including, but not limited to,

26  deterioration through the aging process, or loss of motor
    SB2394 Enrolled   - 2098 - LRB104 09208 AMC 19265 b

1   skill which results in a physician's inability to practice

2   under this Act with reasonable judgment, skill, or safety.

3   (29) Cheating on or attempting to subvert the

4   licensing examinations administered under this Act.

5   (30) Willfully or negligently violating the

6   confidentiality between physician and patient except as

7   required by law.

8   (31) The use of any false, fraudulent, or deceptive

9   statement in any document connected with practice under

10  this Act.

11  (32) Aiding and abetting an individual not licensed

12  under this Act in the practice of a profession licensed

13  under this Act.

14  (33) Violating State or federal laws or regulations

15  relating to controlled substances, legend drugs, or

16  ephedra as defined in the Ephedra Prohibition Act.

17  (34) Failure to report to the Department any adverse

18  final action taken against them by another licensing

19  jurisdiction (any other state or any territory of the

20  United States or any foreign state or country), by any

21  peer review body, by any health care institution, by any

22  professional society or association related to practice

23  under this Act, by any governmental agency, by any law

24  enforcement agency, or by any court for acts or conduct

25  similar to acts or conduct which would constitute grounds

26  for action as defined in this Section.
    SB2394 Enrolled   - 2099 - LRB104 09208 AMC 19265 b

1   (35) Failure to report to the Department surrender of

2   a license or authorization to practice as a medical

3   doctor, a doctor of osteopathy, a doctor of osteopathic

4   medicine, or doctor of chiropractic in another state or

5   jurisdiction, or surrender of membership on any medical

6   staff or in any medical or professional association or

7   society, while under disciplinary investigation by any of

8   those authorities or bodies, for acts or conduct similar

9   to acts or conduct which would constitute grounds for

10  action as defined in this Section.

11  (36) Failure to report to the Department any adverse

12  judgment, settlement, or award arising from a liability

13  claim related to acts or conduct similar to acts or

14  conduct which would constitute grounds for action as

15  defined in this Section.

16  (37) Failure to provide copies of medical records as

17  required by law.

18  (38) Failure to furnish the Department, its

19  investigators or representatives, relevant information,

20  legally requested by the Department after consultation

21  with the Chief Medical Coordinator or the Deputy Medical

22  Coordinator.

23  (39) Violating the Health Care Worker Self-Referral

24  Act.

25  (40) (Blank).

26  (41) Failure to establish and maintain records of
    SB2394 Enrolled        - 2100 - LRB104 09208 AMC 19265 b

1   patient care and treatment as required by this law.

2   (42) Entering into an excessive number of written

3   collaborative agreements with licensed advanced practice

4   registered nurses resulting in an inability to adequately

5   collaborate.

6   (43) Repeated failure to adequately collaborate with a

7   licensed advanced practice registered nurse.

8   (44) Violating the Compassionate Use of Medical

9   Cannabis Program Act.

10  (45) Entering into an excessive number of written

11  collaborative agreements with licensed prescribing

12  psychologists resulting in an inability to adequately

13  collaborate.

14  (46) Repeated failure to adequately collaborate with a

15  licensed prescribing psychologist.

16  (47) Willfully failing to report an instance of

17  suspected abuse, neglect, financial exploitation, or

18  self-neglect of an eligible adult as defined in and

19  required by the Adult Protective Services Act.

20  (48) Being named as an abuser in a verified report by

21  the Department on Aging under the Adult Protective

22  Services Act, and upon proof by clear and convincing

23  evidence that the licensee abused, neglected, or

24  financially exploited an eligible adult as defined in the

25  Adult Protective Services Act.

26  (49) Entering into an excessive number of written
   SB2394 Enrolled       - 2101 - LRB104 09208 AMC 19265 b

1  collaborative agreements with licensed physician

2  assistants resulting in an inability to adequately

3  collaborate.

4  (50) Repeated failure to adequately collaborate with a

5  physician assistant.

6  Except for actions involving the ground numbered (26), all

7 proceedings to suspend, revoke, place on probationary status,

8 or take any other disciplinary action as the Department may

9 deem proper, with regard to a license on any of the foregoing

10 grounds, must be commenced within 5 years next after receipt

11 by the Department of a complaint alleging the commission of or

12 notice of the conviction order for any of the acts described

13 herein. Except for the grounds numbered (8), (9), (26), and

14 (29), no action shall be commenced more than 10 years after the

15 date of the incident or act alleged to have violated this

16 Section. For actions involving the ground numbered (26), a

17 pattern of practice or other behavior includes all incidents

18 alleged to be part of the pattern of practice or other behavior

19 that occurred, or a report pursuant to Section 23 of this Act

20 received, within the 10-year period preceding the filing of

21 the complaint. In the event of the settlement of any claim or

22 cause of action in favor of the claimant or the reduction to

23 final judgment of any civil action in favor of the plaintiff,

24 such claim, cause of action, or civil action being grounded on

25 the allegation that a person licensed under this Act was

26 negligent in providing care, the Department shall have an
    SB2394 Enrolled  - 2102 - LRB104 09208 AMC 19265 b

1 additional period of 2 years from the date of notification to

2 the Department under Section 23 of this Act of such settlement

3 or final judgment in which to investigate and commence formal

4 disciplinary proceedings under Section 36 of this Act, except

5 as otherwise provided by law. The time during which the holder

6 of the license was outside the State of Illinois shall not be

7 included within any period of time limiting the commencement

8 of disciplinary action by the Department.

9   The entry of an order or judgment by any circuit court

10 establishing that any person holding a license under this Act

11 is a person in need of mental treatment operates as a

12 suspension of that license. That person may resume his or her

13 practice only upon the entry of a Departmental order based

14 upon a finding by the Medical Board that the person has been

15 determined to be recovered from mental illness by the court

16 and upon the Medical Board's recommendation that the person be

17 permitted to resume his or her practice.

18  The Department may refuse to issue or take disciplinary

19 action concerning the license of any person who fails to file a

20 return, or to pay the tax, penalty, or interest shown in a

21 filed return, or to pay any final assessment of tax, penalty,

22 or interest, as required by any tax Act administered by the

23 Illinois Department of Revenue, until such time as the

24 requirements of any such tax Act are satisfied as determined

25 by the Illinois Department of Revenue.

26  The Department, upon the recommendation of the Medical
    SB2394 Enrolled  - 2103 - LRB104 09208 AMC 19265 b

1 Board, shall adopt rules which set forth standards to be used

2 in determining:

3   (a) when a person will be deemed sufficiently

4   rehabilitated to warrant the public trust;

5   (b) what constitutes dishonorable, unethical, or

6   unprofessional conduct of a character likely to deceive,

7   defraud, or harm the public;

8   (c) what constitutes immoral conduct in the commission

9   of any act, including, but not limited to, commission of

10  an act of sexual misconduct related to the licensee's

11  practice; and

12  (d) what constitutes gross negligence in the practice

13  of medicine.

14  However, no such rule shall be admissible into evidence in

15 any civil action except for review of a licensing or other

16 disciplinary action under this Act.

17  In enforcing this Section, the Medical Board, upon a

18 showing of a possible violation, may compel any individual who

19 is licensed to practice under this Act or holds a permit to

20 practice under this Act, or any individual who has applied for

21 licensure or a permit pursuant to this Act, to submit to a

22 mental or physical examination and evaluation, or both, which

23 may include a substance abuse or sexual offender evaluation,

24 as required by the Medical Board and at the expense of the

25 Department. The Medical Board shall specifically designate the

26 examining physician licensed to practice medicine in all of
SB2394 Enrolled  - 2104 - LRB104 09208 AMC 19265 b

 1 its branches or, if applicable, the multidisciplinary team
 2 involved in providing the mental or physical examination and
 3 evaluation, or both. The multidisciplinary team shall be led
 4 by a physician licensed to practice medicine in all of its
 5 branches and may consist of one or more or a combination of
 6 physicians licensed to practice medicine in all of its
 7 branches, licensed chiropractic physicians, licensed clinical
 8 psychologists, licensed clinical social workers, licensed
 9 clinical professional counselors, and other professional and
10 administrative staff. Any examining physician or member of the
11 multidisciplinary team may require any person ordered to
12 submit to an examination and evaluation pursuant to this
13 Section to submit to any additional supplemental testing
14 deemed necessary to complete any examination or evaluation
15 process, including, but not limited to, blood testing,
16 urinalysis, psychological testing, or neuropsychological
17 testing. The Medical Board or the Department may order the
18 examining physician or any member of the multidisciplinary
19 team to provide to the Department or the Medical Board any and
20 all records, including business records, that relate to the
21 examination and evaluation, including any supplemental testing
22 performed. The Medical Board or the Department may order the
23 examining physician or any member of the multidisciplinary
24 team to present testimony concerning this examination and
25 evaluation of the licensee, permit holder, or applicant,
26 including testimony concerning any supplemental testing or
SB2394 Enrolled  - 2105 - LRB104 09208 AMC 19265 b

 1 documents relating to the examination and evaluation. No
 2 information, report, record, or other documents in any way
 3 related to the examination and evaluation shall be excluded by
 4 reason of any common law or statutory privilege relating to
 5 communication between the licensee, permit holder, or
 6 applicant and the examining physician or any member of the
 7 multidisciplinary team. No authorization is necessary from the
 8 licensee, permit holder, or applicant ordered to undergo an
 9 evaluation and examination for the examining physician or any
10 member of the multidisciplinary team to provide information,
11 reports, records, or other documents or to provide any
12 testimony regarding the examination and evaluation. The
13 individual to be examined may have, at his or her own expense,
14 another physician of his or her choice present during all
15 aspects of the examination. Failure of any individual to
16 submit to mental or physical examination and evaluation, or
17 both, when directed, shall result in an automatic suspension,
18 without hearing, until such time as the individual submits to
19 the examination. If the Medical Board finds a physician unable
20 to practice following an examination and evaluation because of
21 the reasons set forth in this Section, the Medical Board shall
22 require such physician to submit to care, counseling, or
23 treatment by physicians, or other health care professionals,
24 approved or designated by the Medical Board, as a condition
25 for issued, continued, reinstated, or renewed licensure to
26 practice. Any physician, whose license was granted pursuant to
    SB2394 Enrolled  - 2106 - LRB104 09208 AMC 19265 b

1 Section 9, 17, or 19 of this Act, or, continued, reinstated,

2 renewed, disciplined, or supervised, subject to such terms,

3 conditions, or restrictions who shall fail to comply with such

4 terms, conditions, or restrictions, or to complete a required

5 program of care, counseling, or treatment, as determined by

6 the Chief Medical Coordinator or Deputy Medical Coordinators,

7 shall be referred to the Secretary for a determination as to

8 whether the licensee shall have his or her license suspended

9 immediately, pending a hearing by the Medical Board. In

10 instances in which the Secretary immediately suspends a

11 license under this Section, a hearing upon such person's

12 license must be convened by the Medical Board within 15 days

13 after such suspension and completed without appreciable delay.

14 The Medical Board shall have the authority to review the

15 subject physician's record of treatment and counseling

16 regarding the impairment, to the extent permitted by

17 applicable federal statutes and regulations safeguarding the

18 confidentiality of medical records.

19  An individual licensed under this Act, affected under this

20 Section, shall be afforded an opportunity to demonstrate to

21 the Medical Board that he or she can resume practice in

22 compliance with acceptable and prevailing standards under the

23 provisions of his or her license.

24  The Medical Board, in determining mental capacity of an

25 individual licensed under this Act, shall consider the latest

26 recommendations of the Federation of State Medical Boards.
    SB2394 Enrolled  - 2107 - LRB104 09208 AMC 19265 b

1   The Department may promulgate rules for the imposition of

2 fines in disciplinary cases, not to exceed $10,000 for each

3 violation of this Act. Fines may be imposed in conjunction

4 with other forms of disciplinary action, but shall not be the

5 exclusive disposition of any disciplinary action arising out

6 of conduct resulting in death or injury to a patient. Any funds

7 collected from such fines shall be deposited in the Illinois

8 State Medical Disciplinary Fund.

9   All fines imposed under this Section shall be paid within

10 60 days after the effective date of the order imposing the fine

11 or in accordance with the terms set forth in the order imposing

12 the fine.

13  (B) The Department shall revoke the license or permit

14 issued under this Act to practice medicine of or a

15 chiropractic physician who has been convicted a second time of

16 committing any felony under the Illinois Controlled Substances

17 Act or the Methamphetamine Control and Community Protection

18 Act, or who has been convicted a second time of committing a

19 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois

20 Public Aid Code. A person whose license or permit is revoked

21 under this subsection (B) B shall be prohibited from

22 practicing medicine or treating human ailments without the use

23 of drugs and without operative surgery.

24  (C) The Department shall not revoke, suspend, place on

25 probation, reprimand, refuse to issue or renew, or take any

26 other disciplinary or non-disciplinary action against the
    SB2394 Enrolled  - 2108 - LRB104 09208 AMC 19265 b

1 license or permit issued under this Act to practice medicine

2 to a physician:

3   (1) based solely upon the recommendation of the

4   physician to an eligible patient regarding, or

5   prescription for, or treatment with, an investigational

6   drug, biological product, or device;

7   (2) for experimental treatment for Lyme disease or

8   other tick-borne diseases, including, but not limited to,

9   the prescription of or treatment with long-term

10  antibiotics;

11  (3) based solely upon the physician providing,

12  authorizing, recommending, aiding, assisting, referring

13  for, or otherwise participating in any health care

14  service, so long as the care was not unlawful under the

15  laws of this State, regardless of whether the patient was

16  a resident of this State or another state; or

17  (4) based upon the physician's license being revoked

18  or suspended, or the physician being otherwise disciplined

19  by any other state, if that revocation, suspension, or

20  other form of discipline was based solely on the physician

21  violating another state's laws prohibiting the provision

22  of, authorization of, recommendation of, aiding or

23  assisting in, referring for, or participation in any

24  health care service if that health care service as

25  provided would not have been unlawful under the laws of

26  this State and is consistent with the standards of conduct
    SB2394 Enrolled         - 2109 - LRB104 09208 AMC 19265 b

1   for the physician if it occurred in Illinois.

2   (D) (Blank).

3   (E) The conduct specified in subsection (C) shall not

4 trigger reporting requirements under Section 23, constitute

5 grounds for suspension under Section 25, or be included on the

6 physician's profile required under Section 10 of the Patients'

7 Right to Know Act.

8   (F) An applicant seeking licensure, certification, or

9 authorization pursuant to this Act and who has been subject to

10 disciplinary action by a duly authorized professional

11 disciplinary agency of another jurisdiction solely on the

12 basis of having provided, authorized, recommended, aided,

13 assisted, referred for, or otherwise participated in health

14 care shall not be denied such licensure, certification, or

15 authorization, unless the Department determines that the

16 action would have constituted professional misconduct in this

17 State; however, nothing in this Section shall be construed as

18 prohibiting the Department from evaluating the conduct of the

19 applicant and making a determination regarding the licensure,

20 certification, or authorization to practice a profession under

21 this Act.

22  (G) The Department may adopt rules to implement the

23 changes made by Public Act 102-1117 this amendatory Act of the

24 102nd General Assembly.

25 (Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;

26 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
   SB2394 Enrolled            - 2110 - LRB104 09208 AMC 19265 b

1 1-1-24; revised 10-22-24.)

2  Section 845. The Pharmacy Practice Act is amended by

3 changing Section 3 as follows:

4  (225 ILCS 85/3)

5  (Section scheduled to be repealed on January 1, 2028)

6  Sec. 3. Definitions. For the purpose of this Act, except

7 where otherwise limited therein:

8  (a) "Pharmacy" or "drugstore" means and includes every

9 store, shop, pharmacy department, or other place where

10 pharmacist care is provided by a pharmacist (1) where drugs,

11 medicines, or poisons are dispensed, sold or offered for sale

12 at retail, or displayed for sale at retail; or (2) where

13 prescriptions of physicians, dentists, advanced practice

14 registered nurses, physician assistants, veterinarians,

15 podiatric physicians, or optometrists, within the limits of

16 their licenses, are compounded, filled, or dispensed; or (3)

17 which has upon it or displayed within it, or affixed to or used

18 in connection with it, a sign bearing the word or words

19 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",

20 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

21 "Drugs", "Dispensary", "Medicines", or any word or words of

22 similar or like import, either in the English language or any

23 other language; or (4) where the characteristic prescription

24 sign (Rx) or similar design is exhibited; or (5) any store, or
    SB2394 Enrolled      - 2111 - LRB104 09208 AMC 19265 b

1 shop, or other place with respect to which any of the above

2 words, objects, signs or designs are used in any

3 advertisement.

4   (b) "Drugs" means and includes (1) articles recognized in

5 the official United States Pharmacopoeia/National Formulary

6 (USP/NF), or any supplement thereto and being intended for and

7 having for their main use the diagnosis, cure, mitigation,

8 treatment or prevention of disease in man or other animals, as

9 approved by the United States Food and Drug Administration,

10 but does not include devices or their components, parts, or

11 accessories; and (2) all other articles intended for and

12 having for their main use the diagnosis, cure, mitigation,

13 treatment or prevention of disease in man or other animals, as

14 approved by the United States Food and Drug Administration,

15 but does not include devices or their components, parts, or

16 accessories; and (3) articles (other than food) having for

17 their main use and intended to affect the structure or any

18 function of the body of man or other animals; and (4) articles

19 having for their main use and intended for use as a component

20 or any articles specified in clause (1), (2) or (3); but does

21 not include devices or their components, parts or accessories.

22  (c) "Medicines" means and includes all drugs intended for

23 human or veterinary use approved by the United States Food and

24 Drug Administration.

25  (d) "Practice of pharmacy" means:

26  (1) the interpretation and the provision of assistance
    SB2394 Enrolled  - 2112 - LRB104 09208 AMC 19265 b

1   in the monitoring, evaluation, and implementation of

2   prescription drug orders;

3   (2) the dispensing of prescription drug orders;

4   (3) participation in drug and device selection;

5   (4) drug administration limited to the administration

6   of oral, topical, injectable, and inhalation as follows:

7   (A) in the context of patient education on the

8   proper use or delivery of medications;

9   (B) vaccination of patients 7 years of age and

10  older pursuant to a valid prescription or standing

11  order, by a physician licensed to practice medicine in

12  all its branches, except for vaccinations covered by

13  paragraph (15), upon completion of appropriate

14  training, including how to address contraindications

15  and adverse reactions set forth by rule, with

16  notification to the patient's physician and

17  appropriate record retention, or pursuant to hospital

18  pharmacy and therapeutics committee policies and

19  procedures. Eligible vaccines are those listed on the

20  U.S. Centers for Disease Control and Prevention (CDC)

21  Recommended Immunization Schedule, the CDC's Health

22  Information for International Travel, or the U.S. Food

23  and Drug Administration's Vaccines Licensed and

24  Authorized for Use in the United States. As applicable

25  to the State's Medicaid program and other payers,

26  vaccines ordered and administered in accordance with
    SB2394 Enrolled  - 2113 - LRB104 09208 AMC 19265 b

1   this subsection shall be covered and reimbursed at no

2   less than the rate that the vaccine is reimbursed when

3   ordered and administered by a physician;

4   (B-5) (blank);

5   (C)              administration  of  injections  of

6   alpha-hydroxyprogesterone caproate, pursuant to a

7   valid prescription, by a physician licensed to

8   practice medicine in all its branches, upon completion

9   of appropriate training, including how to address

10  contraindications and adverse reactions set forth by

11  rule, with notification to the patient's physician and

12  appropriate record retention, or pursuant to hospital

13  pharmacy and therapeutics committee policies and

14  procedures; and

15  (D) administration of long-acting injectables for

16  mental health or substance use disorders pursuant to a

17  valid prescription by the patient's physician licensed

18  to practice medicine in all its branches, advanced

19  practice registered nurse, or physician assistant upon

20  completion of appropriate training conducted by an

21  Accreditation Council of Pharmaceutical Education

22  accredited provider, including how to address

23  contraindications and adverse reactions set forth by

24  rule, with notification to the patient's physician and

25  appropriate record retention, or pursuant to hospital

26  pharmacy and therapeutics committee policies and
    SB2394 Enrolled    - 2114 - LRB104 09208 AMC 19265 b

1   procedures;

2   (5) (blank);

3   (6) drug regimen review;

4   (7) drug or drug-related research;

5   (8) the provision of patient counseling;

6   (9) the practice of telepharmacy;

7   (10) the provision of those acts or services necessary

8   to provide pharmacist care;

9   (11) medication therapy management;

10  (12) the responsibility for compounding and labeling

11  of drugs and devices (except labeling by a manufacturer,

12  repackager, or distributor of non-prescription drugs and

13  commercially packaged legend drugs and devices), proper

14  and safe storage of drugs and devices, and maintenance of

15  required records;

16  (13) the assessment and consultation of patients and

17  dispensing of hormonal contraceptives;

18  (14) the initiation, dispensing, or administration of

19  drugs, laboratory tests, assessments, referrals, and

20  consultations for human immunodeficiency virus

21  pre-exposure prophylaxis and human immunodeficiency virus

22  post-exposure prophylaxis under Section 43.5;

23  (15) vaccination of patients 7 years of age and older

24  for COVID-19 or influenza subcutaneously, intramuscularly,

25  or orally as authorized, approved, or licensed by the

26  United States Food and Drug Administration, pursuant to
    SB2394 Enrolled  - 2115 - LRB104 09208 AMC 19265 b

1   the following conditions:

2   (A) the vaccine must be authorized or licensed by

3   the United States Food and Drug Administration;

4   (B) the vaccine must be ordered and administered

5   according to the Advisory Committee on Immunization

6   Practices standard immunization schedule;

7   (C) the pharmacist must complete a course of

8   training accredited by the Accreditation Council on

9   Pharmacy Education or a similar health authority or

10  professional body approved by the Division of

11  Professional Regulation;

12  (D) the pharmacist must have a current certificate

13  in basic cardiopulmonary resuscitation;

14  (E) the pharmacist must complete, during each

15  State licensing period, a minimum of 2 hours of

16  immunization-related continuing pharmacy education

17  approved by the Accreditation Council on Pharmacy

18  Education;

19  (F) the pharmacist must comply with recordkeeping

20  and reporting requirements of the jurisdiction in

21  which the pharmacist administers vaccines, including

22  informing the patient's primary-care provider, when

23  available, and complying with requirements whereby the

24  person administering a vaccine must review the vaccine

25  registry or other vaccination records prior to

26  administering the vaccine; and
    SB2394 Enrolled  - 2116 - LRB104 09208 AMC 19265 b

1   (G) the pharmacist must inform the pharmacist's

2   patients who are less than 18 years old, as well as the

3   adult caregiver accompanying the child, of the

4   importance of a well-child visit with a pediatrician

5   or other licensed primary-care provider and must refer

6   patients as appropriate;

7   (16) the ordering and administration of COVID-19

8   therapeutics subcutaneously, intramuscularly, or orally

9   with notification to the patient's physician and

10  appropriate record retention or pursuant to hospital

11  pharmacy and therapeutics committee policies and

12  procedures. Eligible therapeutics are those approved,

13  authorized, or licensed by the United States Food and Drug

14  Administration and must be administered subcutaneously,

15  intramuscularly, or orally in accordance with that

16  approval, authorization, or licensing; and

17  (17) the ordering and administration of point of care

18  tests, screenings, and treatments for (i) influenza, (ii)

19  SARS-CoV-2, (iii) Group A Streptococcus, (iv) respiratory

20  syncytial virus, (v) adult-stage head louse, and (vi)

21  health conditions identified by a statewide public health

22  emergency, as defined in the Illinois Emergency Management

23  Agency Act, with notification to the patient's physician,

24  if any, and appropriate record retention or pursuant to

25  hospital pharmacy and therapeutics committee policies and

26  procedures. Eligible tests and screenings are those
    SB2394 Enrolled       - 2117 - LRB104 09208 AMC 19265 b

1   approved, authorized, or licensed by the United States

2   Food and Drug Administration and must be administered in

3   accordance with that approval, authorization, or

4   licensing.

5   A pharmacist who orders or administers tests or

6   screenings for health conditions described in this

7   paragraph may use a test that may guide clinical

8   decision-making for the health condition that is waived

9   under the federal Clinical Laboratory Improvement

10  Amendments of 1988 and regulations promulgated thereunder

11  or any established screening procedure that is established

12  under a statewide protocol.

13  A pharmacist may delegate the administrative and

14  technical tasks of performing a test for the health

15  conditions described in this paragraph to a registered

16  pharmacy technician or student pharmacist acting under the

17  supervision of the pharmacist.

18  The testing, screening, and treatment ordered under

19  this paragraph by a pharmacist shall not be denied

20  reimbursement under health benefit plans that are within

21  the scope of the pharmacist's license and shall be covered

22  as if the services or procedures were performed by a

23  physician, an advanced practice registered nurse, or a

24  physician assistant.

25  A pharmacy benefit manager, health carrier, health

26  benefit plan, or third-party payor shall not discriminate
    SB2394 Enrolled  - 2118 - LRB104 09208 AMC 19265 b

1   against a pharmacy or a pharmacist with respect to

2   participation referral, reimbursement of a covered

3   service, or indemnification if a pharmacist is acting

4   within the scope of the pharmacist's license and the

5   pharmacy is operating in compliance with all applicable

6   laws and rules.

7   A pharmacist who performs any of the acts defined as the

8 practice of pharmacy in this State must be actively licensed

9 as a pharmacist under this Act.

10  (e) "Prescription" means and includes any written, oral,

11 facsimile, or electronically transmitted order for drugs or

12 medical devices, issued by a physician licensed to practice

13 medicine in all its branches, dentist, veterinarian, podiatric

14 physician, or optometrist, within the limits of his or her

15 license, by a physician assistant in accordance with

16 subsection (f) of Section 4, or by an advanced practice

17 registered nurse in accordance with subsection (g) of Section

18 4, containing the following: (1) name of the patient; (2) date

19 when prescription was issued; (3) name and strength of drug or

20 description of the medical device prescribed; and (4)

21 quantity; (5) directions for use; (6) prescriber's name,

22 address, and signature; and (7) DEA registration number where

23 required, for controlled substances. The prescription may, but

24 is not required to, list the illness, disease, or condition

25 for which the drug or device is being prescribed. DEA

26 registration numbers shall not be required on inpatient drug
    SB2394 Enrolled          - 2119 - LRB104 09208 AMC 19265 b

1 orders. A prescription for medication other than controlled

2 substances shall be valid for up to 15 months from the date

3 issued for the purpose of refills, unless the prescription

4 states otherwise.

5   (f) "Person" means and includes a natural person,

6 partnership, association, corporation, government entity, or

7 any other legal entity.

8   (g) "Department" means the Department of Financial and

9 Professional Regulation.

10  (h) "Board of Pharmacy" or "Board" means the State Board

11 of Pharmacy of the Department of Financial and Professional

12 Regulation.

13  (i) "Secretary" means the Secretary of Financial and

14 Professional Regulation.

15  (j) "Drug product selection" means the interchange for a

16 prescribed pharmaceutical product in accordance with Section

17 25 of this Act and Section 3.14 of the Illinois Food, Drug and

18 Cosmetic Act.

19  (k) "Inpatient drug order" means an order issued by an

20 authorized prescriber for a resident or patient of a facility

21 licensed under the Nursing Home Care Act, the ID/DD Community

22 Care Act, the MC/DD Act, the Specialized Mental Health

23 Rehabilitation Act of 2013, the Hospital Licensing Act, or the

24 University of Illinois Hospital Act, or a facility which is

25 operated by the Department of Human Services (as successor to

26 the Department of Mental Health and Developmental
    SB2394 Enrolled      - 2120 - LRB104 09208 AMC 19265 b

1 Disabilities) or the Department of Corrections.

2   (k-5) "Pharmacist" means an individual health care

3 professional and provider currently licensed by this State to

4 engage in the practice of pharmacy.

5   (l) "Pharmacist in charge" means the licensed pharmacist

6 whose name appears on a pharmacy license and who is

7 responsible for all aspects of the operation related to the

8 practice of pharmacy.

9   (m) "Dispense" or "dispensing" means the interpretation,

10 evaluation, and implementation of a prescription drug order,

11 including the preparation and delivery of a drug or device to a

12 patient or patient's agent in a suitable container

13 appropriately labeled for subsequent administration to or use

14 by a patient in accordance with applicable State and federal

15 laws and regulations. "Dispense" or "dispensing" does not mean

16 the physical delivery to a patient or a patient's

17 representative in a home or institution by a designee of a

18 pharmacist or by common carrier. "Dispense" or "dispensing"

19 also does not mean the physical delivery of a drug or medical

20 device to a patient or patient's representative by a

21 pharmacist's designee within a pharmacy or drugstore while the

22 pharmacist is on duty and the pharmacy is open.

23  (n) "Nonresident pharmacy" means a pharmacy that is

24 located in a state, commonwealth, or territory of the United

25 States, other than Illinois, that delivers, dispenses, or

26 distributes, through the United States Postal Service,
    SB2394 Enrolled         - 2121 - LRB104 09208 AMC 19265 b

1 commercially acceptable parcel delivery service, or other

2 common carrier, to Illinois residents, any substance which

3 requires a prescription.

4   (o) "Compounding" means the preparation and mixing of

5 components, excluding flavorings, (1) as the result of a

6 prescriber's prescription drug order or initiative based on

7 the prescriber-patient-pharmacist relationship in the course

8 of professional practice or (2) for the purpose of, or

9 incident to, research, teaching, or chemical analysis and not

10 for sale or dispensing. "Compounding" includes the preparation

11 of drugs or devices in anticipation of receiving prescription

12 drug orders based on routine, regularly observed dispensing

13 patterns. Commercially available products may be compounded

14 for dispensing to individual patients only if all of the

15 following conditions are met: (i) the commercial product is

16 not reasonably available from normal distribution channels in

17 a timely manner to meet the patient's needs and (ii) the

18 prescribing practitioner has requested that the drug be

19 compounded.

20  (p) (Blank).

21  (q) (Blank).

22  (r) "Patient counseling" means the communication between a

23 pharmacist or a student pharmacist under the supervision of a

24 pharmacist and a patient or the patient's representative about

25 the patient's medication or device for the purpose of

26 optimizing proper use of prescription medications or devices.
    SB2394 Enrolled  - 2122 - LRB104 09208 AMC 19265 b

1 "Patient counseling" may include without limitation (1)

2 obtaining a medication history; (2) acquiring a patient's

3 allergies and health conditions; (3) facilitation of the

4 patient's understanding of the intended use of the medication;

5 (4) proper directions for use; (5) significant potential

6 adverse events; (6) potential food-drug interactions; and (7)

7 the need to be compliant with the medication therapy. A

8 pharmacy technician may only participate in the following

9 aspects of patient counseling under the supervision of a

10 pharmacist: (1) obtaining medication history; (2) providing

11 the offer for counseling by a pharmacist or student

12 pharmacist; and (3) acquiring a patient's allergies and health

13 conditions.

14  (s) "Patient profiles" or "patient drug therapy record"

15 means the obtaining, recording, and maintenance of patient

16 prescription information, including prescriptions for

17 controlled substances, and personal information.

18  (t) (Blank).

19  (u) "Medical device" or "device" means an instrument,

20 apparatus, implement, machine, contrivance, implant, in vitro

21 reagent, or other similar or related article, including any

22 component part or accessory, required under federal law to

23 bear the label "Caution: Federal law requires dispensing by or

24 on the order of a physician". A seller of goods and services

25 who, only for the purpose of retail sales, compounds, sells,

26 rents, or leases medical devices shall not, by reasons
    SB2394 Enrolled            - 2123 - LRB104 09208 AMC 19265 b

1 thereof, be required to be a licensed pharmacy.

2   (v) "Unique identifier" means an electronic signature,

3 handwritten signature or initials, thumbprint thumb print, or

4 other acceptable biometric or electronic identification

5 process as approved by the Department.

6   (w) "Current usual and customary retail price" means the

7 price that a pharmacy charges to a non-third-party payor.

8   (x) "Automated pharmacy system" means a mechanical system

9 located within the confines of the pharmacy or remote location

10 that performs operations or activities, other than compounding

11 or administration, relative to storage, packaging, dispensing,

12 or distribution of medication, and which collects, controls,

13 and maintains all transaction information.

14  (y) "Drug regimen review" means and includes the

15 evaluation of prescription drug orders and patient records for

16 (1) known allergies; (2) drug or potential therapy

17 contraindications; (3) reasonable dose, duration of use, and

18 route of administration, taking into consideration factors

19 such as age, gender, and contraindications; (4) reasonable

20 directions for use; (5) potential or actual adverse drug

21 reactions; (6) drug-drug interactions; (7) drug-food

22 interactions; (8) drug-disease contraindications; (9)

23 therapeutic duplication; (10) patient laboratory values when

24 authorized and available; (11) proper utilization (including

25 over or under utilization) and optimum therapeutic outcomes;

26 and (12) abuse and misuse.
    SB2394 Enrolled  - 2124 - LRB104 09208 AMC 19265 b

1   (z) "Electronically transmitted prescription" means a

2 prescription that is created, recorded, or stored by

3 electronic means; issued and validated with an electronic

4 signature; and transmitted by electronic means directly from

5 the prescriber to a pharmacy. An electronic prescription is

6 not an image of a physical prescription that is transferred by

7 electronic means from computer to computer, facsimile to

8 facsimile, or facsimile to computer.

9   (aa) "Medication therapy management services" means a

10 distinct service or group of services offered by licensed

11 pharmacists, physicians licensed to practice medicine in all

12 its branches, advanced practice registered nurses authorized

13 in a written agreement with a physician licensed to practice

14 medicine in all its branches, or physician assistants

15 authorized in guidelines by a supervising physician that

16 optimize therapeutic outcomes for individual patients through

17 improved medication use. In a retail or other non-hospital

18 pharmacy, medication therapy management services shall consist

19 of the evaluation of prescription drug orders and patient

20 medication records to resolve conflicts with the following:

21  (1) known allergies;

22  (2) drug or potential therapy contraindications;

23  (3) reasonable dose, duration of use, and route of

24  administration, taking into consideration factors such as

25  age, gender, and contraindications;

26  (4) reasonable directions for use;
    SB2394 Enrolled       - 2125 - LRB104 09208 AMC 19265 b

1   (5) potential or actual adverse drug reactions;

2   (6) drug-drug interactions;

3   (7) drug-food interactions;

4   (8) drug-disease contraindications;

5   (9) identification of therapeutic duplication;

6   (10) patient laboratory values when authorized and

7   available;

8   (11) proper utilization (including over or under

9   utilization) and optimum therapeutic outcomes; and

10  (12) drug abuse and misuse.

11  "Medication therapy management services" includes the

12 following:

13  (1) documenting the services delivered and

14  communicating the information provided to patients'

15  prescribers within an appropriate time frame, not to

16  exceed 48 hours;

17  (2) providing patient counseling designed to enhance a

18  patient's understanding and the appropriate use of his or

19  her medications; and

20  (3) providing information, support services, and

21  resources designed to enhance a patient's adherence with

22  his or her prescribed therapeutic regimens.

23  "Medication therapy management services" may also include

24 patient care functions authorized by a physician licensed to

25 practice medicine in all its branches for his or her

26 identified patient or groups of patients under specified
    SB2394 Enrolled         - 2126 - LRB104 09208 AMC 19265 b

1 conditions or limitations in a standing order from the

2 physician.

3   "Medication therapy management services" in a licensed

4 hospital may also include the following:

5   (1) reviewing assessments of the patient's health

6   status; and

7   (2) following protocols of a hospital pharmacy and

8   therapeutics committee with respect to the fulfillment of

9   medication orders.

10  (bb) "Pharmacist care" means the provision by a pharmacist

11 of medication therapy management services, with or without the

12 dispensing of drugs or devices, intended to achieve outcomes

13 that improve patient health, quality of life, and comfort and

14 enhance patient safety.

15  (cc) "Protected health information" means individually

16 identifiable health information that, except as otherwise

17 provided, is:

18  (1) transmitted by electronic media;

19  (2) maintained in any medium set forth in the

20  definition of "electronic media" in the federal Health

21  Insurance Portability and Accountability Act; or

22  (3) transmitted or maintained in any other form or

23  medium.

24  "Protected health information" does not include

25 individually identifiable health information found in:

26  (1) education records covered by the federal Family
    SB2394 Enrolled             - 2127 - LRB104 09208 AMC 19265 b

1   Educational Right and Privacy Act; or

2   (2) employment records held by a licensee in its role

3   as an employer.

4   (dd) "Standing order" means a specific order for a patient

5 or group of patients issued by a physician licensed to

6 practice medicine in all its branches in Illinois.

7   (ee) "Address of record" means the designated address

8 recorded by the Department in the applicant's application file

9 or licensee's license file maintained by the Department's

10 licensure maintenance unit.

11  (ff) "Home pharmacy" means the location of a pharmacy's

12 primary operations.

13  (gg) "Email address of record" means the designated email

14 address recorded by the Department in the applicant's

15 application file or the licensee's license file, as maintained

16 by the Department's licensure maintenance unit.

17 (Source: P.A. 102-16, eff. 6-17-21; 102-103, eff. 1-1-22;

18 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1051, eff.

19 1-1-23; 103-1, eff. 4-27-23; 103-593, eff. 6-7-24; 103-612,

20 eff. 1-1-25; revised 11-26-24.)

21  Section 850. The Illinois Physical Therapy Act is amended

22 by changing Section 2 as follows:

23  (225 ILCS 90/2) (from Ch. 111, par. 4252)

24  (Section scheduled to be repealed on January 1, 2026)
    SB2394 Enrolled           - 2128 - LRB104 09208 AMC 19265 b

1   Sec. 2. Licensure requirement; exempt activities. Practice

2 without a license forbidden - exception. No person shall after

3 the date of August 31, 1965 begin to practice physical therapy

4 in this State or hold himself out as being able to practice

5 this profession, unless he is licensed as such in accordance

6 with the provisions of this Act. After July 1, 1991 (the

7 effective date of Public Act 86-1396) this amendatory Act of

8 1990, no person shall practice or hold himself out as a

9 physical therapist assistant unless he is licensed as such

10 under this Act. A physical therapist shall use the initials

11 "PT" in connection with his or her name to denote licensure

12 under this Act, and a physical therapist assistant shall use

13 the initials "PTA" in connection with his or her name to denote

14 licensure under this Act.

15  This Act does not prohibit:

16  (1) Any person licensed in this State under any other

17  Act from engaging in the practice for which he is

18  licensed.

19  (2) The practice of physical therapy by those persons,

20  practicing under the supervision of a licensed physical

21  therapist and who have met all of the qualifications as

22  provided in Sections 7, 8.1, and 9 of this Act, until the

23  next examination is given for physical therapists or

24  physical therapist assistants and the results have been

25  received by the Department and the Department has

26  determined the applicant's eligibility for a license.
    SB2394 Enrolled    - 2129 - LRB104 09208 AMC 19265 b

1   Anyone failing to pass said examination shall not again

2   practice physical therapy until such time as an

3   examination has been successfully passed by such person.

4   (3) The practice of physical therapy for a period not

5   exceeding 6 months by a person who is in this State on a

6   temporary basis to assist in a case of medical emergency

7   or to engage in a special physical therapy project, and

8   who meets the qualifications for a physical therapist as

9   set forth in Sections 7 and 8 of this Act and is licensed

10  in another state as a physical therapist.

11  (4) Practice of physical therapy by qualified persons

12  who have filed for endorsement for no longer than one year

13  or until such time that notification of licensure has been

14  granted or denied, whichever period of time is lesser.

15  (5) One or more licensed physical therapists from

16  forming a professional service corporation under the

17  provisions of the "Professional Service Corporation Act",

18  approved September 15, 1969, as now or hereafter amended,

19  and licensing such corporation for the practice of

20  physical therapy.

21  (6) Physical therapy aides from performing patient

22  care activities under the on-site supervision of a

23  licensed physical therapist or licensed physical therapist

24  assistant. These patient care activities shall not include

25  interpretation of referrals, evaluation procedures, the

26  planning of or major modifications of, patient programs.
    SB2394 Enrolled          - 2130 - LRB104 09208 AMC 19265 b

1   (7) Physical therapist assistants Therapist Assistants

2   from performing patient care activities under the general

3   supervision of a licensed physical therapist. The physical

4   therapist must maintain continual contact with the

5   physical therapist assistant including periodic personal

6   supervision and instruction to insure the safety and

7   welfare of the patient.

8   (8) The practice of physical therapy by a physical

9   therapy student or a physical therapist assistant student

10  under the on-site supervision of a licensed physical

11  therapist. The physical therapist shall be readily

12  available for direct supervision and instruction to insure

13  the safety and welfare of the patient.

14  (9) The practice of physical therapy as part of an

15  educational program by a physical therapist licensed in

16  another state or country for a period not to exceed 6

17  months.

18  (10) (Blank). The practice, services, or activities of

19  persons practicing the specified occupations set forth in

20  subsection (a) of, and pursuant to a licensing exemption

21  granted in subsection (b) or (d) of, Section 2105-350 of

22  the Department of Professional Regulation Law of the Civil

23  Administrative Code of Illinois, but only for so long as

24  the 2016 Olympic and Paralympic Games Professional

25  Licensure Exemption Law is operable.

26 (Source: P.A. 96-7, eff. 4-3-09; revised 8-6-24.)
    SB2394 Enrolled  - 2131 - LRB104 09208 AMC 19265 b

1   Section 855. The Podiatric Medical Practice Act of 1987 is

2 amended by changing Section 24 as follows:

3   (225 ILCS 100/24) (from Ch. 111, par. 4824)

4   (Section scheduled to be repealed on January 1, 2028)

5   Sec. 24. Grounds for disciplinary action. The Department

6 may refuse to issue, may refuse to renew, may refuse to

7 restore, may suspend, or may revoke any license, or may place

8 on probation, reprimand or take other disciplinary or

9 non-disciplinary action as the Department may deem proper,

10 including fines not to exceed $10,000 for each violation upon

11 anyone licensed under this Act for any of the following

12 reasons:

13  (1) Making a material misstatement in furnishing

14  information to the Department.

15  (2) Violations of this Act, or of the rules adopted

16  under this Act.

17  (3) Conviction by plea of guilty or nolo contendere,

18  finding of guilt, jury verdict, or entry of judgment or

19  sentencing, including, but not limited to, convictions,

20  preceding sentences of supervision, conditional discharge,

21  or first offender probation, under the laws of any

22  jurisdiction of the United States that is (i) a felony or

23  (ii) a misdemeanor, an essential element of which is

24  dishonesty, or that is directly related to the practice of
    SB2394 Enrolled  - 2132 - LRB104 09208 AMC 19265 b

1   the profession.

2   (4) Making any misrepresentation for the purpose of

3   obtaining licenses, or violating any provision of this Act

4   or the rules promulgated thereunder pertaining to

5   advertising.

6   (5) Professional incompetence.

7   (6) Gross or repeated malpractice or negligence.

8   (7) Aiding or assisting another person in violating

9   any provision of this Act or rules.

10  (8) Failing, within 30 days, to provide information in

11  response to a written request made by the Department.

12  (9) Engaging in dishonorable, unethical or

13  unprofessional conduct of a character likely to deceive,

14  defraud or harm the public.

15  (10) Habitual or excessive use of alcohol, narcotics,

16  stimulants, or other chemical agent or drug that results

17  in the inability to practice podiatric medicine with

18  reasonable judgment, skill or safety.

19  (11) Discipline by another United States jurisdiction

20  if at least one of the grounds for the discipline is the

21  same or substantially equivalent to those set forth in

22  this Section.

23  (12) Violation of the prohibition against fee

24  splitting in Section 24.2 of this Act.

25  (13) A finding by the Board that the licensee, after

26  having his or her license placed on probationary status,
    SB2394 Enrolled         - 2133 - LRB104 09208 AMC 19265 b

1   has violated the terms of probation.

2   (14) Abandonment of a patient.

3   (15) Willfully making or filing false records or

4   reports in his or her practice, including, but not limited

5   to, false records filed with state agencies or

6   departments.

7   (16) Willfully failing to report an instance of

8   suspected child abuse or neglect as required by the Abused

9   and Neglected Child Reporting Report Act.

10  (17) Physical illness, mental illness, or other

11  impairment, including, but not limited to, deterioration

12  through the aging process, or loss of motor skill that

13  results in the inability to practice the profession with

14  reasonable judgment, skill or safety.

15  (18) Solicitation of professional services other than

16  permitted advertising.

17  (19) The determination by a circuit court that a

18  licensed podiatric physician is subject to involuntary

19  admission or judicial admission as provided in the Mental

20  Health and Developmental Disabilities Code operates as an

21  automatic suspension. Such suspension will end only upon a

22  finding by a court that the patient is no longer subject to

23  involuntary admission or judicial admission and issues an

24  order so finding and discharging the patient; and upon the

25  recommendation of the Board to the Secretary that the

26  licensee be allowed to resume his or her practice.
    SB2394 Enrolled       - 2134 - LRB104 09208 AMC 19265 b

1   (20) Holding oneself out to treat human ailments under

2   any name other than his or her own, or the impersonation of

3   any other physician.

4   (21) Revocation or suspension or other action taken

5   with respect to a podiatric medical license in another

6   jurisdiction that would constitute disciplinary action

7   under this Act.

8   (22) Promotion of the sale of drugs, devices,

9   appliances, or goods provided for a patient in such manner

10  as to exploit the patient for financial gain of the

11  podiatric physician.

12  (23) Gross, willful, and continued overcharging for

13  professional services including filing false statements

14  for collection of fees for those services, including, but

15  not limited to, filing false statement for collection of

16  monies for services not rendered from the medical

17  assistance program of the Department of Healthcare and

18  Family Services (formerly Department of Public Aid) under

19  the Illinois Public Aid Code or other private or public

20  third party payor.

21  (24) Being named as a perpetrator in an indicated

22  report by the Department of Children and Family Services

23  under the Abused and Neglected Child Reporting Act, and

24  upon proof by clear and convincing evidence that the

25  licensee has caused a child to be an abused child or

26  neglected child as defined in the Abused and Neglected
    SB2394 Enrolled       - 2135 - LRB104 09208 AMC 19265 b

1   Child Reporting Act.

2   (25) Willfully making or filing false records or

3   reports in the practice of podiatric medicine, including,

4   but not limited to, false records to support claims

5   against the medical assistance program of the Department

6   of Healthcare and Family Services (formerly Department of

7   Public Aid) under the Illinois Public Aid Code.

8   (26) (Blank).

9   (27) Immoral conduct in the commission of any act

10  including, sexual abuse, sexual misconduct, or sexual

11  exploitation, related to the licensee's practice.

12  (28) Violation of the Health Care Worker Self-Referral

13  Act.

14  (29) Failure to report to the Department any adverse

15  final action taken against him or her by another licensing

16  jurisdiction of the United States or any foreign state or

17  country, any peer review body, any health care

18  institution, any professional society or association, any

19  governmental agency, any law enforcement agency, or any

20  court for acts or conduct similar to acts or conduct that

21  would constitute grounds for action as defined in this

22  Section.

23  (30) Willfully failing to report an instance of

24  suspected abuse, neglect, financial exploitation, or

25  self-neglect of an eligible adult as defined in and

26  required by the Adult Protective Services Act.
    SB2394 Enrolled    - 2136 - LRB104 09208 AMC 19265 b

1   (31) Being named as a perpetrator in an indicated

2   report by the Department on Aging under the Adult

3   Protective Services Act, and upon proof by clear and

4   convincing evidence that the licensee has caused an

5   eligible adult to be abused, neglected, or financially

6   exploited as defined in the Adult Protective Services Act.

7   The Department may refuse to issue or may suspend the

8 license of any person who fails to file a return, or to pay the

9 tax, penalty, or interest shown in a filed return, or to pay

10 any final assessment of tax, penalty, or interest, as required

11 by any tax Act administered by the Illinois Department of

12 Revenue, until such time as the requirements of any such tax

13 Act are satisfied.

14  Upon receipt of a written communication from the Secretary

15 of Human Services, the Director of Healthcare and Family

16 Services (formerly Director of Public Aid), or the Director of

17 Public Health that continuation of practice of a person

18 licensed under this Act constitutes an immediate danger to the

19 public, the Secretary may immediately suspend the license of

20 such person without a hearing. In instances in which the

21 Secretary immediately suspends a license under this Section, a

22 hearing upon such person's license must be convened by the

23 Board within 15 days after such suspension and completed

24 without appreciable delay, such hearing held to determine

25 whether to recommend to the Secretary that the person's

26 license be revoked, suspended, placed on probationary status,
   SB2394 Enrolled  - 2137 - LRB104 09208 AMC 19265 b

1 or restored, or such person be subject to other disciplinary

2 action. In such hearing, the written communication and any

3 other evidence submitted therewith may be introduced as

4 evidence against such person; provided, however, the person or

5 his counsel shall have the opportunity to discredit or impeach

6 such evidence and submit evidence rebutting the same.

7  Except for fraud in procuring a license, all proceedings

8 to suspend, revoke, place on probationary status, or take any

9 other disciplinary action as the Department may deem proper,

10 with regard to a license on any of the foregoing grounds, must

11 be commenced within 5 years after receipt by the Department of

12 a complaint alleging the commission of or notice of the

13 conviction order for any of the acts described in this

14 Section. Except for the grounds set forth in items (8), (9),

15 (26), and (29) of this Section, no action shall be commenced

16 more than 10 years after the date of the incident or act

17 alleged to have been a violation of this Section. In the event

18 of the settlement of any claim or cause of action in favor of

19 the claimant or the reduction to final judgment of any civil

20 action in favor of the plaintiff, such claim, cause of action,

21 or civil action being grounded on the allegation that a person

22 licensed under this Act was negligent in providing care, the

23 Department shall have an additional period of 2 years from the

24 date of notification to the Department under Section 26 of

25 this Act of such settlement or final judgment in which to

26 investigate and commence formal disciplinary proceedings under
   SB2394 Enrolled    - 2138 - LRB104 09208 AMC 19265 b

1 Section 24 of this Act, except as otherwise provided by law.

2 The time during which the holder of the license was outside the

3 State of Illinois shall not be included within any period of

4 time limiting the commencement of disciplinary action by the

5 Department.

6  In enforcing this Section, the Department or Board upon a

7 showing of a possible violation may compel an individual

8 licensed to practice under this Act, or who has applied for

9 licensure under this Act, to submit to a mental or physical

10 examination, or both, as required by and at the expense of the

11 Department. The Department or Board may order the examining

12 physician to present testimony concerning the mental or

13 physical examination of the licensee or applicant. No

14 information shall be excluded by reason of any common law or

15 statutory privilege relating to communications between the

16 licensee or applicant and the examining physician. The

17 examining physicians shall be specifically designated by the

18 Board or Department. The individual to be examined may have,

19 at his or her own expense, another physician of his or her

20 choice present during all aspects of this examination. Failure

21 of an individual to submit to a mental or physical

22 examination, when directed, shall be grounds for suspension of

23 his or her license until the individual submits to the

24 examination if the Department finds, after notice and hearing,

25 that the refusal to submit to the examination was without

26 reasonable cause.
    SB2394 Enrolled            - 2139 - LRB104 09208 AMC 19265 b

1   If the Department or Board finds an individual unable to

2 practice because of the reasons set forth in this Section, the

3 Department or Board may require that individual to submit to

4 care, counseling, or treatment by physicians approved or

5 designated by the Department or Board, as a condition, term,

6 or restriction for continued, restored, or renewed licensure

7 to practice; or, in lieu of care, counseling, or treatment,

8 the Department may file, or the Board may recommend to the

9 Department to file, a complaint to immediately suspend,

10 revoke, or otherwise discipline the license of the individual.

11 An individual whose license was granted, continued, restored,

12 renewed, disciplined, or supervised subject to such terms,

13 conditions, or restrictions, and who fails to comply with such

14 terms, conditions, or restrictions, shall be referred to the

15 Secretary for a determination as to whether the individual

16 shall have his or her license suspended immediately, pending a

17 hearing by the Department.

18  In instances in which the Secretary immediately suspends a

19 person's license under this Section, a hearing on that

20 person's license must be convened by the Department within 30

21 days after the suspension and completed without appreciable

22 delay. The Department and Board shall have the authority to

23 review the subject individual's record of treatment and

24 counseling regarding the impairment to the extent permitted by

25 applicable federal statutes and regulations safeguarding the

26 confidentiality of medical records.
    SB2394 Enrolled    - 2140 - LRB104 09208 AMC 19265 b

1   An individual licensed under this Act and affected under

2 this Section shall be afforded an opportunity to demonstrate

3 to the Department or Board that he or she can resume practice

4 in compliance with acceptable and prevailing standards under

5 the provisions of his or her license.

6 (Source: P.A. 100-525, eff. 9-22-17; revised 8-6-24.)

7   Section 860. The Professional Counselor and Clinical

8 Professional Counselor Licensing and Practice Act is amended

9 by changing Section 25 as follows:

10  (225 ILCS 107/25)

11  (Section scheduled to be repealed on January 1, 2028)

12  Sec. 25. Powers and duties of the Department. Subject to

13 the provisions of this Act, the Department may:

14  (a) Authorize examinations to ascertain the

15  qualifications and fitness of applicants for licensing as

16  professional counselors or clinical professional

17  counselors and pass upon the qualifications of applicants

18  for licensure by endorsement. All examinations, either

19  conducted or authorized, must allow reasonable

20  accommodations for applicants for whom English is not

21  their primary language and a test in their primary

22  language test is not available. Further, all examinations

23  either conducted or authorized must comply with all

24  communication access and reasonable modification
    SB2394 Enrolled    - 2141 - LRB104 09208 AMC 19265 b

1   requirements in Section 504 of the federal Rehabilitation

2   Act of 1973 and Title II of the Americans with

3   Disabilities Act of 1990.

4   (b) Conduct hearings on proceedings to refuse to issue

5   or renew or to revoke licenses or suspend, place on

6   probation, censure, or reprimand or take any other

7   disciplinary or non-disciplinary action with regard to a

8   person licensed under this Act.

9   (c) Formulate rules and regulations required for the

10  administration of this Act.

11  (d) (Blank).

12  (e) Establish rules for determining approved graduate

13  professional       counseling,   clinical         professional

14  counseling, psychology, rehabilitation counseling, and

15  similar programs.

16 (Source: P.A. 102-878, eff. 1-1-23; 103-715, eff. 1-1-25;

17 revised 11-24-24.)

18  Section 865. The Veterinary Medicine and Surgery Practice

19 Act of 2004 is amended by changing Section 3 as follows:

20  (225 ILCS 115/3) (from Ch. 111, par. 7003)

21  (Section scheduled to be repealed on January 1, 2029)

22  Sec. 3. Definitions. The following terms have the meanings

23 indicated, unless the context requires otherwise:

24  "Accredited college of veterinary medicine" means a
    SB2394 Enrolled            - 2142 - LRB104 09208 AMC 19265 b

1 veterinary college, school, or division of a university or

2 college that offers the degree of Doctor of Veterinary

3 Medicine or its equivalent and that is accredited by the

4 Council on Education of the American Veterinary Medical

5 Association (AVMA).

6   "Address of record" means the designated address recorded

7 by the Department in the applicant's or licensee's application

8 file or license file as maintained by the Department's

9 licensure maintenance unit.

10  "Accredited program in veterinary technology" means any

11 post-secondary educational program that is accredited by the

12 AVMA's Committee on Veterinary Technician Education and

13 Activities or any veterinary technician program that is

14 recognized as its equivalent by the AVMA's Committee on

15 Veterinary Technician Education and Activities.

16  "Animal" means any animal, vertebrate or invertebrate,

17 other than a human.

18  "Board" means the Veterinary Licensing and Disciplinary

19 Board.

20  "Certified veterinary technician" means a person who is

21 validly and currently licensed to practice veterinary

22 technology in this State.

23  "Client" means an entity, person, group, or corporation

24 that has entered into an agreement with a veterinarian for the

25 purposes of obtaining veterinary medical services.

26  "Complementary, alternative, and integrative therapies"
    SB2394 Enrolled          - 2143 - LRB104 09208 AMC 19265 b

1 means a heterogeneous group of diagnostic and therapeutic

2 philosophies and practices, which at the time they are

3 performed may differ from current scientific knowledge, or

4 whose theoretical basis and techniques may diverge from

5 veterinary medicine routinely taught in accredited veterinary

6 medical colleges, or both. "Complementary, alternative, and

7 integrative therapies" includes include, but is are not

8 limited to, veterinary acupuncture, acutherapy, and

9 acupressure; veterinary homeopathy; veterinary manual or

10 manipulative therapy or therapy based on techniques practiced

11 in osteopathy, chiropractic medicine, or physical medicine and

12 therapy; veterinary nutraceutical therapy; veterinary

13 phytotherapy; and other therapies as defined by rule.

14  "Consultation" means when a veterinarian receives advice

15 in person, telephonically, electronically, or by any other

16 method of communication from a veterinarian licensed in this

17 or any other state or other person whose expertise, in the

18 opinion of the veterinarian, would benefit a patient. Under

19 any circumstance, the responsibility for the welfare of the

20 patient remains with the veterinarian receiving consultation.

21  "Department" means the Department of Financial and

22 Professional Regulation.

23  "Direct supervision" means the supervising veterinarian is

24 readily available on the premises where the animal is being

25 treated.

26  "Email address of record" means the designated email
    SB2394 Enrolled         - 2144 - LRB104 09208 AMC 19265 b

1 address recorded by the Department in the applicant's

2 application file or the licensee's license file, as maintained

3 by the Department's licensure maintenance unit.

4   "Immediate supervision" means the supervising veterinarian

5 is in the immediate area, within audible and visual range of

6 the patient and the person treating the patient.

7   "Impaired veterinarian" means a veterinarian who is unable

8 to practice veterinary medicine with reasonable skill and

9 safety because of a physical or mental disability as evidenced

10 by a written determination or written consent based on

11 clinical evidence, including deterioration through the aging

12 process, loss of motor skills, or abuse of drugs or alcohol of

13 sufficient degree to diminish a person's ability to deliver

14 competent patient care.

15  "Indirect supervision" means the supervising veterinarian

16 need not be on the premises, but has given either written or

17 oral instructions for the treatment of the animal and is

18 available by telephone or other form of communication.

19  "Licensed veterinarian" means a person who is validly and

20 currently licensed to practice veterinary medicine in this

21 State.

22  "Patient" means an animal or group of animals that is

23 examined or treated by a veterinarian.

24  "Person" means an individual, firm, partnership (general,

25 limited, or limited liability), association, joint venture,

26 cooperative, corporation, limited liability company, or any
    SB2394 Enrolled   - 2145 - LRB104 09208 AMC 19265 b

1 other group or combination acting in concert, whether or not

2 acting as a principal, partner, member, trustee, fiduciary,

3 receiver, or any other kind of legal or personal

4 representative, or as the successor in interest, assignee,

5 agent, factor, servant, employee, director, officer, or any

6 other representative of such person.

7   "Practice of veterinary medicine" means to diagnose,

8 prognose, treat, correct, change, alleviate, or prevent animal

9 disease, illness, pain, deformity, defect, injury, or other

10 physical, dental, or mental conditions by any method or mode,

11 such as telemedicine, including the performance of one or more

12 of the following:

13  (1) Prescribing, dispensing, administering, applying,

14  or ordering the administration of any drug, medicine,

15  biologic, apparatus, anesthetic, or other therapeutic or

16  diagnostic substance, or medical or surgical technique.

17  (2) (Blank).

18  (3) Performing upon an animal a surgical or dental

19  operation.

20  (3.5) Performing upon an animal complementary,

21  alternative, or integrative therapy.

22  (4) Performing upon an animal any manual or mechanical

23  procedure for reproductive management, including the

24  diagnosis or treatment of pregnancy, sterility, or

25  infertility.

26  (4.5) The rendering of advice or recommendation by any
    SB2394 Enrolled          - 2146 - LRB104 09208 AMC 19265 b

1   means, including telephonic and other electronic

2   communications, with regard to the performing upon an

3   animal any manual or mechanical procedure for reproductive

4   management, including the diagnosis or treatment of

5   pregnancy, sterility, or infertility.

6   (5) Determining the health and fitness of an animal.

7   (6) Representing oneself, directly or indirectly, as

8   engaging in the practice of veterinary medicine.

9   (7) Using any word, letters, or title under such

10  circumstances as to induce the belief that the person

11  using them is qualified to engage in the practice of

12  veterinary medicine or any of its branches. Such use shall

13  be prima facie evidence of the intention to represent

14  oneself as engaging in the practice of veterinary

15  medicine.

16  "Secretary" means the Secretary of Financial and

17 Professional Regulation.

18  "Supervising veterinarian" means a veterinarian who

19 assumes responsibility for the professional care given to an

20 animal by a person working under his or her direction in either

21 an immediate, direct, or indirect supervision arrangement. The

22 supervising veterinarian must have examined the animal at such

23 time as acceptable veterinary medical practices require

24 requires, consistent with the particular delegated animal

25 health care task.

26  "Therapeutic" means the treatment, control, and prevention
    SB2394 Enrolled  - 2147 - LRB104 09208 AMC 19265 b

1 of disease.

2   "Veterinarian" means a person who is validly and currently

3 licensed to practice veterinary medicine in this State.

4   "Veterinarian-client-patient relationship" means that all

5 of the following conditions have been met:

6        (1) The veterinarian has assumed the responsibility

7   for making clinical judgments regarding the health of an

8   animal and the need for medical treatment and the client,

9   owner, or other caretaker has agreed to follow the

10  instructions of the veterinarian;

11       (2) There is sufficient knowledge of an animal by the

12  veterinarian to initiate at least a general or preliminary

13  diagnosis of the medical condition of the animal. This

14  means that the veterinarian has recently seen and is

15  personally acquainted with the keeping and care of the

16  animal by virtue of an in-person examination of the animal

17  or by medically appropriate and timely visits to the

18  premises where the animal is kept, or the veterinarian has

19  access to the patient's records and has been designated by

20  the veterinarian with the prior relationship to provide

21  reasonable and appropriate medical care if the

22  veterinarian with the prior relationship is unavailable;

23  and

24       (3) The practicing veterinarian is readily available

25  for follow-up in case of adverse reactions or failure of

26  the treatment regimen or, if unavailable, has designated
    SB2394 Enrolled  - 2148 - LRB104 09208 AMC 19265 b

1   another available veterinarian who has access to the

2   patient's records to provide reasonable and appropriate

3   medical care.

4   "Veterinarian-client-patient relationship" does not mean a

5 relationship solely based on telephonic or other electronic

6 communications.

7   "Veterinary medicine" means all branches and specialties

8 included within the practice of veterinary medicine.

9   "Veterinary premises" means any premises or facility where

10 the practice of veterinary medicine occurs, including, but not

11 limited to, a mobile clinic, outpatient clinic, satellite

12 clinic, or veterinary hospital or clinic. "Veterinary

13 premises" does not mean the premises of a veterinary client,

14 research facility, a federal military base, or an accredited

15 college of veterinary medicine.

16  "Veterinary prescription drugs" means those drugs

17 restricted to use by or on the order of a licensed veterinarian

18 in accordance with Section 503(f) of the Federal Food, Drug,

19 and Cosmetic Act (21 U.S.C. 353).

20  "Veterinary specialist" means a veterinarian: (1) who has

21 been awarded and maintains certification from a veterinary

22 specialty organization recognized by the American Board of

23 Veterinary Specialties; (2) who has been awarded and maintains

24 certification from a veterinary certifying organization whose

25 standards have been found by the Board to be equivalent to or

26 more stringent than those of American Board of Veterinary
    SB2394 Enrolled    - 2149 - LRB104 09208 AMC 19265 b

1 Specialties-recognized veterinary specialty organizations; or

2 (3) who otherwise meets criteria that may be established by

3 the Board to support a claim to be a veterinary specialist.

4   "Veterinary technology" means the performance of services

5 within the field of veterinary medicine by a person who, for

6 compensation or personal profit, is employed by a licensed

7 veterinarian to perform duties that require an understanding

8 of veterinary medicine necessary to carry out the orders of

9 the veterinarian. Those services, however, shall not include

10 diagnosing, prognosing, prescribing, or surgery.

11 (Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24;

12 revised 8-6-24.)

13  Section 870. The Registered Surgical Assistant and

14 Registered Surgical Technologist Title Protection Act is

15 amended by changing Section 75 as follows:

16  (225 ILCS 130/75)

17  (Section scheduled to be repealed on January 1, 2029)

18  Sec. 75. Grounds for disciplinary action.

19  (a) The Department may refuse to issue, renew, or restore

20 a registration, may revoke or suspend a registration, or may

21 place on probation, reprimand, or take other disciplinary or

22 non-disciplinary action with regard to a person registered

23 under this Act, including, but not limited to, the imposition

24 of fines not to exceed $10,000 for each violation and the
    SB2394 Enrolled  - 2150 - LRB104 09208 AMC 19265 b

1 assessment of costs as provided for in Section 90, for any one

2 or combination of the following causes:

3   (1) Making a material misstatement in furnishing

4   information to the Department.

5   (2) Violating a provision of this Act or rules adopted

6   under this Act.

7   (3) Conviction by plea of guilty or nolo contendere,

8   finding of guilt, jury verdict, or entry of judgment or by

9   sentencing of any crime, including, but not limited to,

10  convictions, preceding sentences of supervision,

11  conditional discharge, or first offender probation, under

12  the laws of any jurisdiction of the United States that is

13  (i) a felony or (ii) a misdemeanor, an essential element

14  of which is dishonesty, or that is directly related to the

15  practice of the profession.

16  (4) Fraud or misrepresentation in applying for,

17  renewing, restoring, reinstating, or procuring a

18  registration under this Act.

19  (5) Aiding or assisting another person in violating a

20  provision of this Act or its rules.

21  (6) Failing to provide information within 60 days in

22  response to a written request made by the Department.

23  (7) Engaging in dishonorable, unethical, or

24  unprofessional conduct of a character likely to deceive,

25  defraud, or harm the public, as defined by rule of the

26  Department.
    SB2394 Enrolled  - 2151 - LRB104 09208 AMC 19265 b

1   (8) Discipline by another United States jurisdiction,

2   governmental agency, unit of government, or foreign

3   nation, if at least one of the grounds for discipline is

4   the same or substantially equivalent to those set forth in

5   this Section.

6   (9) Directly or indirectly giving to or receiving from

7   a person, firm, corporation, partnership, or association a

8   fee, commission, rebate, or other form of compensation for

9   professional services not actually or personally rendered.

10  Nothing in this paragraph (9) affects any bona fide

11  independent contractor or employment arrangements among

12  health care professionals, health facilities, health care

13  providers, or other entities, except as otherwise

14  prohibited by law. Any employment arrangements may include

15  provisions for compensation, health insurance, pension, or

16  other employment benefits for the provision of services

17  within the scope of the registrant's practice under this

18  Act. Nothing in this paragraph (9) shall be construed to

19  require an employment arrangement to receive professional

20  fees for services rendered.

21  (10) A finding by the Department that the registrant,

22  after having the registration placed on probationary

23  status, has violated the terms of probation.

24  (11) Willfully making or filing false records or

25  reports in the practice, including, but not limited to,

26  false records or reports filed with State agencies.
    SB2394 Enrolled       - 2152 - LRB104 09208 AMC 19265 b

1   (12) Willfully making or signing a false statement,

2   certificate, or affidavit to induce payment.

3   (13) Willfully failing to report an instance of

4   suspected child abuse or neglect as required under the

5   Abused and Neglected Child Reporting Act.

6   (14) Being named as a perpetrator in an indicated

7   report by the Department of Children and Family Services

8   under the Abused and Neglected Child Reporting Act and

9   upon proof by clear and convincing evidence that the

10  registrant has caused a child to be an abused child or

11  neglected child as defined in the Abused and Neglected

12  Child Reporting Act.

13  (15) (Blank).

14  (16) Failure to report to the Department (A) any

15  adverse final action taken against the registrant by

16  another registering or licensing jurisdiction, government

17  agency, law enforcement agency, or any court or (B)

18  liability for conduct that would constitute grounds for

19  action as set forth in this Section.

20  (17) Habitual or excessive use or abuse of drugs

21  defined in law as controlled substances, alcohol, or any

22  other substance that results in the inability to practice

23  with reasonable judgment, skill, or safety.

24  (18) Physical or mental illness, including, but not

25  limited to, deterioration through the aging process or

26  loss of motor skills, which results in the inability to
    SB2394 Enrolled  - 2153 - LRB104 09208 AMC 19265 b

1   practice the profession for which the person is registered

2   with reasonable judgment, skill, or safety.

3   (19) Gross malpractice.

4   (20) Immoral conduct in the commission of an act

5   related to the registrant's practice, including, but not

6   limited to, sexual abuse, sexual misconduct, or sexual

7   exploitation.

8   (21) Violation of the Health Care Worker Self-Referral

9   Act.

10  (b) The Department may refuse to issue or may suspend

11 without hearing the registration of a person who fails to file

12 a return, to pay the tax, penalty, or interest shown in a filed

13 return, or to pay a final assessment of the tax, penalty, or

14 interest as required by a tax Act administered by the

15 Department of Revenue, until the requirements of the tax Act

16 are satisfied in accordance with subsection (g) of Section

17 2105-15 of the Department of Professional Regulation Law of

18 the Civil Administrative Code of Illinois.

19  (b-1) The Department shall not revoke, suspend, summarily

20 suspend, place on probation, reprimand, refuse to issue or

21 renew, or take any other disciplinary or non-disciplinary

22 action against the license issued under this Act to practice

23 as a registered surgical assistant or registered surgical

24 technologist based solely upon the registered surgical

25 assistant or registered surgical technologist providing,

26 authorizing, recommending, aiding, assisting, referring for,
    SB2394 Enrolled  - 2154 - LRB104 09208 AMC 19265 b

1 or otherwise participating in any health care service, so long

2 as the care was not unlawful under the laws of this State,

3 regardless of whether the patient was a resident of this State

4 or another state.

5   (b-2) The Department shall not revoke, suspend, summarily

6 suspend, place on prohibition, reprimand, refuse to issue or

7 renew, or take any other disciplinary or non-disciplinary

8 action against the license issued under this Act to practice

9 as a registered surgical assistant or registered surgical

10 technologist based upon the registered surgical assistant's or

11 registered surgical technologist's license being revoked or

12 suspended, or the registered surgical assistant's or

13 registered surgical technologist's being otherwise disciplined

14 by any other state, if that revocation, suspension, or other

15 form of discipline was based solely on the registered surgical

16 assistant or registered surgical technologist violating

17 another state's laws prohibiting the provision of,

18 authorization of, recommendation of, aiding or assisting in,

19 referring for, or participation in any health care service if

20 that health care service as provided would not have been

21 unlawful under the laws of this State and is consistent with

22 the standards of conduct for the registered surgical assistant

23 or registered surgical technologist practicing in this State.

24  (b-3) The conduct specified in subsection (b-1) or (b-2)

25 shall not constitute grounds for suspension under Section 145.

26  (b-4) An applicant seeking licensure, certification, or
    SB2394 Enrolled  - 2155 - LRB104 09208 AMC 19265 b

1 authorization pursuant to this Act who has been subject to

2 disciplinary action by a duly authorized professional

3 disciplinary agency of another jurisdiction solely on the

4 basis of having provided, authorized, recommended, aided,

5 assisted, referred for, or otherwise participated in health

6 care shall not be denied such licensure, certification, or

7 authorization, unless the Department determines that such

8 action would have constituted professional misconduct in this

9 State. Nothing in this Section shall be construed as

10 prohibiting the Department from evaluating the conduct of such

11 applicant and making a determination regarding the licensure,

12 certification, or authorization to practice a profession under

13 this Act.

14  (c) The determination by a circuit court that a registrant

15 is subject to involuntary admission or judicial admission as

16 provided in the Mental Health and Developmental Disabilities

17 Code operates as an automatic suspension. The suspension will

18 end only upon (1) a finding by a court that the patient is no

19 longer subject to involuntary admission or judicial admission,

20 (2) issuance of an order so finding and discharging the

21 patient, and (3) filing of a petition for restoration

22 demonstrating fitness to practice.

23  (d) (Blank).

24  (e) In cases where the Department of Healthcare and Family

25 Services has previously determined a registrant or a potential

26 registrant is more than 30 days delinquent in the payment of
    SB2394 Enrolled  - 2156 - LRB104 09208 AMC 19265 b

1 child support and has subsequently certified the delinquency

2 to the Department, the Department may refuse to issue or renew

3 or may revoke or suspend that person's registration or may

4 take other disciplinary action against that person based

5 solely upon the certification of delinquency made by the

6 Department of Healthcare and Family Services in accordance

7 with paragraph (5) of subsection (a) of Section 2105-15 of the

8 Department of Professional Regulation Law of the Civil

9 Administrative Code of Illinois.

10  (f) In enforcing this Section, the Department, upon a

11 showing of a possible violation, may compel any individual

12 registered under this Act or any individual who has applied

13 for registration to submit to a mental or physical examination

14 and evaluation, or both, that may include a substance abuse or

15 sexual offender evaluation, at the expense of the Department.

16 The Department shall specifically designate the examining

17 physician licensed to practice medicine in all of its branches

18 or, if applicable, the multidisciplinary team involved in

19 providing the mental or physical examination and evaluation,

20 or both. The multidisciplinary team shall be led by a

21 physician licensed to practice medicine in all of its branches

22 and may consist of one or more or a combination of physicians

23 licensed to practice medicine in all of its branches, licensed

24 chiropractic physicians, licensed clinical psychologists,

25 licensed clinical social workers, licensed clinical

26 professional counselors, and other professional and
   SB2394 Enrolled  - 2157 - LRB104 09208 AMC 19265 b

1 administrative staff. Any examining physician or member of the

2 multidisciplinary team may require any person ordered to

3 submit to an examination and evaluation pursuant to this

4 Section to submit to any additional supplemental testing

5 deemed necessary to complete any examination or evaluation

6 process, including, but not limited to, blood testing,

7 urinalysis, psychological testing, or neuropsychological

8 testing.

9  The Department may order the examining physician or any

10 member of the multidisciplinary team to provide to the

11 Department any and all records, including business records,

12 that relate to the examination and evaluation, including any

13 supplemental testing performed. The Department may order the

14 examining physician or any member of the multidisciplinary

15 team to present testimony concerning this examination and

16 evaluation of the registrant or applicant, including testimony

17 concerning any supplemental testing or documents relating to

18 the examination and evaluation. No information, report,

19 record, or other documents in any way related to the

20 examination and evaluation shall be excluded by reason of any

21 common law or statutory privilege relating to communication

22 between the registrant or applicant and the examining

23 physician or any member of the multidisciplinary team. No

24 authorization is necessary from the registrant or applicant

25 ordered to undergo an evaluation and examination for the

26 examining physician or any member of the multidisciplinary
    SB2394 Enrolled       - 2158 - LRB104 09208 AMC 19265 b

1 team to provide information, reports, records, or other

2 documents or to provide any testimony regarding the

3 examination and evaluation. The individual to be examined may

4 have, at the individual's own expense, another physician of

5 the individual's choice present during all aspects of the

6 examination.

7   Failure of any individual to submit to mental or physical

8 examination and evaluation, or both, when directed, shall

9 result in an automatic suspension without a hearing until such

10 time as the individual submits to the examination. If the

11 Department finds a registrant unable to practice because of

12 the reasons set forth in this Section, the Department shall

13 require such registrant to submit to care, counseling, or

14 treatment by physicians approved or designated by the

15 Department as a condition for continued, reinstated, or

16 renewed registration.

17  When the Secretary immediately suspends a registration

18 under this Section, a hearing upon such person's registration

19 must be convened by the Department within 15 days after such

20 suspension and completed without appreciable delay. The

21 Department shall have the authority to review the registrant's

22 record of treatment and counseling regarding the impairment to

23 the extent permitted by applicable federal statutes and

24 regulations safeguarding the confidentiality of medical

25 records.

26  Individuals registered under this Act and affected under
    SB2394 Enrolled       - 2159 - LRB104 09208 AMC 19265 b

1 this Section shall be afforded an opportunity to demonstrate

2 to the Department that they can resume practice in compliance

3 with acceptable and prevailing standards under the provisions

4 of their registration.

5   (g) All fines imposed under this Section shall be paid

6 within 60 days after the effective date of the order imposing

7 the fine or in accordance with the terms set forth in the order

8 imposing the fine.

9   (h) (f) The Department may adopt rules to implement the

10 changes made by Public Act 102-1117.

11 (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;

12 103-605, eff. 7-1-24; revised 10-16-24.)

13  Section 875. The Auction License Act is amended by

14 changing Section 20-15 as follows:

15  (225 ILCS 407/20-15)

16  (Section scheduled to be repealed on January 1, 2030)

17  Sec. 20-15. Disciplinary actions; grounds. The Department

18 may refuse to issue or renew a license, may place on probation

19 or administrative supervision, suspend, or revoke any license

20 or may reprimand or take other disciplinary or

21 non-disciplinary action as the Department may deem proper,

22 including the imposition of fines not to exceed $10,000 for

23 each violation upon any licensee or applicant under this Act

24 or any person or entity who holds oneself out as an applicant
    SB2394 Enrolled  - 2160 - LRB104 09208 AMC 19265 b

1 or licensee for any of the following reasons:

2   (1) False or fraudulent representation or material

3   misstatement in furnishing information to the Department

4   in obtaining or seeking to obtain a license.

5   (2) Violation of any provision of this Act or the

6   rules adopted under this Act.

7   (3) Conviction of or entry of a plea of guilty or nolo

8   contendere, as set forth in subsection (c) of Section

9   10-5, to any crime that is a felony or misdemeanor under

10  the laws of the United States or any state or territory

11  thereof, or entry of an administrative sanction by a

12  government agency in this State or any other jurisdiction.

13  (3.5) Failing to notify the Department, within 30 days

14  after the occurrence, of the information required in

15  subsection (c) of Section 10-5.

16  (4) Being adjudged to be a person under legal

17  disability or subject to involuntary admission or to meet

18  the standard for judicial admission as provided in the

19  Mental Health and Developmental Disabilities Code.

20  (5) Discipline of a licensee by another state, the

21  District of Columbia, a territory of the United States, a

22  foreign nation, a governmental agency, or any other entity

23  authorized to impose discipline if at least one of the

24  grounds for that discipline is the same as or the

25  equivalent to one of the grounds for discipline set forth

26  in this Act or for failing to report to the Department,
    SB2394 Enrolled          - 2161 - LRB104 09208 AMC 19265 b

1   within 30 days, any adverse final action taken against the

2   licensee by any other licensing jurisdiction, government

3   agency, law enforcement agency, or court, or liability for

4   conduct that would constitute grounds for action as set

5   forth in this Act.

6   (6) Engaging in the practice of auctioneering,

7   conducting an auction, or providing an auction service

8   without a license or after the license was expired,

9   revoked, suspended, or terminated or while the license was

10  inoperative.

11  (7) Attempting to subvert or cheat on the auctioneer

12  exam or any continuing education exam, or aiding or

13  abetting another to do the same.

14  (8) Directly or indirectly giving to or receiving from

15  a person, firm, corporation, partnership, or association a

16  fee, commission, rebate, or other form of compensation for

17  professional service not actually or personally rendered,

18  except that an auctioneer licensed under this Act may

19  receive a fee from another licensed auctioneer from this

20  State or jurisdiction for the referring of a client or

21  prospect for auction services to the licensed auctioneer.

22  (9) Making any substantial misrepresentation or

23  untruthful advertising.

24  (10) Making any false promises of a character likely

25  to influence, persuade, or induce.

26  (11) Pursuing a continued and flagrant course of
    SB2394 Enrolled  - 2162 - LRB104 09208 AMC 19265 b

1   misrepresentation or the making of false promises through

2   a licensee, agent, employee, advertising, or otherwise.

3   (12) Any misleading or untruthful advertising, or

4   using any trade name or insignia of membership in any

5   auctioneer association or organization of which the

6   licensee is not a member.

7   (13) Commingling funds of others with the licensee's

8   own funds or failing to keep the funds of others in an

9   escrow or trustee account.

10  (14) Failure to account for, remit, or return any

11  moneys, property, or documents coming into the licensee's

12  possession that belong to others, acquired through the

13  practice of auctioneering, conducting an auction, or

14  providing an auction service within 30 days of the written

15  request from the owner of said moneys, property, or

16  documents.

17  (15) Failure to maintain and deposit into a special

18  account, separate and apart from any personal or other

19  business accounts, all moneys belonging to others

20  entrusted to a licensee while acting as an auctioneer,

21  auction firm, or as a temporary custodian of the funds of

22  others.

23  (16) Failure to make available to Department personnel

24  during normal business hours all escrow and trustee

25  records and related documents maintained in connection

26  with the practice of auctioneering, conducting an auction,
    SB2394 Enrolled  - 2163 - LRB104 09208 AMC 19265 b

1   or providing an auction service within 24 hours after a

2   request from Department personnel.

3   (17) Making or filing false records or reports in the

4   licensee's practice, including, but not limited to, false

5   records or reports filed with State agencies.

6   (18) Failing to voluntarily furnish copies of all

7   written instruments prepared by the auctioneer and signed

8   by all parties to all parties at the time of execution.

9   (19) Failing to provide information within 30 days in

10  response to a written request made by the Department.

11  (20) Engaging in any act that constitutes a violation

12  of the Illinois Human Rights Act.

13  (21) (Blank).

14  (22) Engaging in dishonorable, unethical, or

15  unprofessional conduct of a character likely to deceive,

16  defraud, or harm the public.

17  (23) Offering or advertising real estate for sale or

18  lease at auction without a valid broker or managing

19  broker's license under the Real Estate License Act of

20  1983, or any successor Act, unless exempt from licensure

21  under the terms of the Real Estate License Act of 2000, or

22  any successor Act, except as provided in Section 5-32 of

23  the Real Estate License Act of 2000.

24  (24) Inability to practice the profession with

25  reasonable judgment, skill, or safety as a result of a

26  physical illness, mental illness, or disability.
    SB2394 Enrolled       - 2164 - LRB104 09208 AMC 19265 b

1   (25) A pattern of practice or other behavior that

2   demonstrates incapacity or incompetence to practice under

3   this Act.

4   (26) Being named as a perpetrator in an indicated

5   report by the Department of Children and Family Services

6   under the Abused and Neglected Child Reporting Act and

7   upon proof by clear and convincing evidence that the

8   licensee has caused a child to be an abused child or a

9   neglected child as defined in the Abused and Neglected

10  Child Reporting Act.

11  (27) Inability to practice with reasonable judgment,

12  skill, or safety as a result of habitual or excessive use

13  or addiction to alcohol, narcotics, stimulants, or any

14  other chemical agent or drug.

15  (28) Willfully failing to report an instance of

16  suspected child abuse or neglect as required by the Abused

17  and Neglected Child Reporting Act.

18  (29) Violating the terms of any order issued by the

19  Department.

20 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24;

21 revised 8-13-24.)

22  Section 880. The Illinois Certified Shorthand Reporters

23 Act of 1984 is amended by changing Section 27 as follows:

24  (225 ILCS 415/27) (from Ch. 111, par. 6243)
    SB2394 Enrolled      - 2165 - LRB104 09208 AMC 19265 b

1   (Section scheduled to be repealed on January 1, 2030)

2   Sec. 27. As a condition for renewal of a license,

3 licensees shall be required to complete continuing education

4 in accordance with rules established by the Department.

5   Persons employed as full-time full time court reporters

6 under the Court Reporters Act may apply for a waiver from the

7 continuing education requirements. The waiver shall be granted

8 upon the submission of evidence satisfactory to the Department

9 that the certified shorthand reporter is employed as a

10 full-time full time court reporter under the Court Reporters

11 Act.

12 (Source: P.A. 98-445, eff. 12-31-13; revised 10-23-24.)

13  Section 885. The Hydraulic Fracturing Regulatory Act is

14 amended by changing Sections 1-83 and 1-87 as follows:

15  (225 ILCS 732/1-83)

16  Sec. 1-83. Order authority.

17  (a) Any person who has reason to believe the person has

18 they have incurred pollution or diminution of a water source

19 as a result of a high volume horizontal hydraulic fracturing

20 treatment of a well may notify the Department and request that

21 an investigation be conducted.

22  (b) Within 30 calendar days after notification, the

23 Department shall initiate the investigation of the claim and

24 make a reasonable effort to reach a determination within 180
    SB2394 Enrolled  - 2166 - LRB104 09208 AMC 19265 b

1 calendar days after notification. The Department may contact

2 the Agency to seek the Agency's assistance in water quality

3 sampling. The Agency may seek cost recovery under subsection

4 (e) of Section 1-87 of this Act and recover all costs for

5 samples taken for the investigation under this Section.

6   (c) Any person conducting or who has conducted high volume

7 horizontal hydraulic fracturing operations shall supply any

8 information requested by the Department to assist the

9 Department. The Department shall give due consideration to any

10 information submitted during the course of the investigation.

11  (d) If sampling results or other information obtained as

12 part of the investigation or the results of tests conducted

13 under subsection (c) of Section 1-80 of this Act indicate that

14 concentrations exceed the standards or criteria referenced by

15 pollution or diminution under Section 1-5 of this Act, the

16 Department shall issue an order to the permittee as necessary

17 to require permanent or temporary replacement of a water

18 source. In addition to any other penalty available under the

19 law and consistent with the Department's order, the permittee

20 shall restore or replace the affected supply with an

21 alternative source of water adequate in quantity and quality

22 for the purposes served by the water source. The quality of a

23 restored or replaced water source shall meet or exceed the

24 quality of the original water source based upon the results of

25 the baseline test results under subsection (b) of Section 1-80

26 for that water source, or other available information. The
    SB2394 Enrolled  - 2167 - LRB104 09208 AMC 19265 b

1 Department may require the permittee to take immediate action,

2 including, but not limited to, repair, replacement,

3 alteration, or prohibition of operation of equipment permitted

4 by the Department. The Department may issue conditions within

5 any order to protect the public health or welfare or the

6 environment.

7   (e) Within 15 calendar days after a determination has been

8 made regarding the pollution or diminution, the Department

9 shall provide notice of its findings and the orders, if any, to

10 all persons that use the water source for domestic,

11 agricultural, industrial, or any other legitimate beneficial

12 uses.

13  (f) Upon issuance of an order Order or a finding of

14 pollution or diminution under subsection (d) of this Section,

15 the Department shall contact the Agency and forward all

16 information from the investigation to the Agency. The Agency

17 shall investigate the potential for violations as designated

18 within Section 1-87 of this Act.

19  (g) Reports of potential cases of water pollution that may

20 be associated with high volume horizontal hydraulic fracturing

21 operations may be submitted electronically. The Department

22 shall establish a format for these reports to be submitted

23 through the website developed under Section 1-110 of this Act.

24 The Department shall electronically provide these reports to

25 the Agency.

26  (h) The Department shall publish, on its website, lists of
    SB2394 Enrolled          - 2168 - LRB104 09208 AMC 19265 b

1 confirmed cases of pollution or diminution that result from

2 high volume horizontal hydraulic fracturing operations. This

3 information shall be searchable by county.

4   (i) Nothing in this Section shall prevent the Department

5 from issuing a cessation order under Section 8a of the

6 Illinois Oil and Gas Act.

7 (Source: P.A. 98-22, eff. 6-17-13; revised 10-23-24.)

8   (225 ILCS 732/1-87)

9   Sec. 1-87. Water quality investigation and enforcement.

10  (a) No person shall cause or allow high volume horizontal

11 hydraulic fracturing operations permitted under this Act to

12 violate Section 12 of the Illinois Environmental Protection

13 Act or surface water or groundwater regulations adopted under

14 the Illinois Environmental Protection Act.

15  (b) The Agency shall have the duty to investigate

16 complaints that activities under this Act have caused a

17 violation of Section 12 of the Illinois Environmental

18 Protection Act or surface or groundwater rules adopted under

19 the Illinois Environmental Protection Act. Any action taken by

20 the Agency in enforcing these violations shall be taken under

21 and consistent with the Illinois Environmental Protection Act,

22 including, but not limited to, the Agency's authority to seek

23 a civil or criminal cause of action under that Act. The test

24 results under subsections (b) and (c) of Section 1-80 of this

25 Act may be considered by the Agency during an investigation
    SB2394 Enrolled       - 2169 - LRB104 09208 AMC 19265 b

1 under this Section.

2   (c) A person who has reason to believe the person has they

3 have incurred contamination of a water source as a result of

4 high volume horizontal hydraulic fracturing may notify the

5 Agency and request an investigation be conducted. The Agency

6 shall forward this request to the Department for consideration

7 of an investigation under Section 1-83 of this Act. If the

8 Agency is provided with notice under subsection (f) of Section

9 1-83, the Agency shall conduct an investigation to determine

10 whether pollution or diminution is continuing to occur at the

11 location subject to the order, as well as locations identified

12 by the Department or at any other water source within 1,500

13 feet of the well site. Any person conducting or who has

14 conducted high volume horizontal hydraulic fracturing

15 operations shall supply any information requested to assist

16 the Agency in its investigation. The Agency shall give due

17 consideration to any information submitted during the course

18 of the investigation.

19  (d) Pollution or diminution is a violation of this Act and

20 may be pursued by the Department subject to the procedures and

21 remedies under Sections 1-100 and 1-105 of this Act.

22  (e) If an Agency investigation under Section 1-83 or

23 subsection (c) of this Section confirms that the cause of the

24 pollution, diminution, or water pollution is attributable to

25 high volume horizontal hydraulic fracturing operations, in

26 addition to any other relief available under law, the
    SB2394 Enrolled      - 2170 - LRB104 09208 AMC 19265 b

 1 permittee shall be required to reimburse the costs and
 2 reasonable expenses incurred by the Agency for all activities
 3 related to the investigation and cleanup. These costs shall
 4 include, but not be limited to, inspections, investigations,
 5 analyses, personnel, direct and indirect costs, studies,
 6 assessments, reports, and review and evaluation of that data,
 7 as well as costs under the Agency's review of whether the
 8 quality of a restored or replaced water supply meets or
 9 exceeds the quality of the water supply before it was affected
10 by the permittee. Costs shall be reimbursed to the Agency by
11 the permittee within 30 calendar days after receipt of a
12 written request for reimbursement by the Agency. For all costs
13 that remain unpaid following 30 calendar days after receipt of
14 a written request for reimbursement, the Agency may institute
15 a civil action for cost recovery under subsection (e) of
16 Section 1-101 of this Act. Failure to reimburse the Agency
17 within 30 calendar days after receipt of the written request
18 for reimbursement is a violation of this Act. Reimbursement of
19 costs collected under this subsection shall be deposited by
20 the Agency into the Illinois Clean Water Fund.
21 (Source: P.A. 98-22, eff. 6-17-13; revised 10-23-24.)

22  Section 890. The Sports Wagering Act is amended by

23 changing Section 25-15 as follows:

24  (230 ILCS 45/25-15)
    SB2394 Enrolled     - 2171 - LRB104 09208 AMC 19265 b

1   Sec. 25-15. Board duties and powers.

2   (a) Except for sports wagering conducted under Section

3 25-70, the Board shall have the authority to regulate the

4 conduct of sports wagering under this Act.

5   (b) The Board may adopt any rules the Board considers

6 necessary for the successful implementation, administration,

7 and enforcement of this Act, except for Section 25-70. Rules

8 proposed by the Board may be adopted as emergency rules

9 pursuant to Section 5-45 of the Illinois Administrative

10 Procedure Act.

11  (c) The Board shall levy and collect all fees, surcharges,

12 civil penalties, and monthly taxes on adjusted gross sports

13 wagering receipts imposed by this Act and deposit all moneys

14 into the Sports Wagering Fund, except as otherwise provided

15 under this Act.

16  (d) The Board may exercise any other powers necessary to

17 enforce the provisions of this Act that it regulates and the

18 rules of the Board.

19  (e) The Board shall adopt rules for a license to be

20 employed by a master sports wagering licensee when the

21 employee works in a designated gaming area that has sports

22 wagering or performs duties in furtherance of or associated

23 with the operation of sports wagering by the master sports

24 wagering licensee (occupational license), which shall require

25 an annual license fee of $250. However, occupational licenses

26 issued under the Illinois Gambling Act for employees of an
    SB2394 Enrolled            - 2172 - LRB104 09208 AMC 19265 b

1 owners license or organization gaming licensee, once granted,

2 are considered equivalent licenses to work in sports wagering

3 positions located at the same gaming facility. License fees

4 shall be deposited into the State Gaming Fund and used for the

5 administration of this Act.

6   (f) The Board may require that licensees share, in real

7 time and at the sports wagering account level, information

8 regarding a wagerer, amount and type of wager, the time the

9 wager was placed, the location of the wager, including the

10 Internet protocol address, if applicable, the outcome of the

11 wager, and records of abnormal wagering activity. Information

12 shared under this subsection (f) must be submitted in the form

13 and manner as required by rule. If a sports governing body has

14 notified the Board that real-time information sharing for

15 wagers placed on its sports events is necessary and desirable,

16 licensees may share the same information in the form and

17 manner required by the Board by rule with the sports governing

18 body or its designee with respect to wagers on its sports

19 events subject to applicable federal, State, or local laws or

20 regulations, including, without limitation, privacy laws and

21 regulations. Such information may be provided in anonymized

22 form and may be used by a sports governing body solely for

23 integrity purposes. For purposes of this subsection (f), "real

24 time" "real-time" means a commercially reasonable periodic

25 interval.

26  (g) A master sports wagering licensee, professional sports
    SB2394 Enrolled         - 2173 - LRB104 09208 AMC 19265 b

1 team, league, or association, sports governing body, or

2 institution of higher education may submit to the Board in

3 writing a request to prohibit a type or form of wagering if the

4 master sports wagering licensee, professional sports team,

5 league, or association, sports governing body, or institution

6 of higher education believes that such wagering by type or

7 form is contrary to public policy, unfair to consumers, or

8 affects the integrity of a particular sport or the sports

9 betting industry. The Board shall grant the request upon a

10 demonstration of good cause from the requester and

11 consultation with licensees. The Board shall respond to a

12 request pursuant to this subsection (g) concerning a

13 particular event before the start of the event or, if it is not

14 feasible to respond before the start of the event, as soon as

15 practicable.

16  (h) The Board and master sports wagering licensees may

17 cooperate with investigations conducted by sports governing

18 bodies or law enforcement agencies, including, but not limited

19 to, providing and facilitating the provision of account-level

20 betting information and audio or video files relating to

21 persons placing wagers.

22  (i) A master sports wagering licensee shall make

23 commercially reasonable efforts to promptly notify the Board

24 any information relating to:

25  (1) criminal or disciplinary proceedings commenced

26  against the master sports wagering licensee in connection
    SB2394 Enrolled       - 2174 - LRB104 09208 AMC 19265 b

1   with its operations;

2   (2) abnormal wagering activity or patterns that may

3   indicate a concern with the integrity of a sports event or

4   sports events;

5   (3) any potential breach of the relevant sports

6   governing body's internal rules and codes of conduct

7   pertaining to sports wagering that a licensee has

8   knowledge of;

9   (4) any other conduct that corrupts a wagering outcome

10  of a sports event or sports events for purposes of

11  financial gain, including match fixing; and

12  (5) suspicious or illegal wagering activities,

13  including use of funds derived from illegal activity,

14  wagers to conceal or launder funds derived from illegal

15  activity, using agents to place wagers, and using false

16  identification.

17  A master sports wagering licensee shall also make

18 commercially reasonable efforts to promptly report information

19 relating to conduct described in paragraphs (2), (3), and (4)

20 of this subsection (i) to the relevant sports governing body.

21 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21;

22 revised 8-13-24.)

23  Section 895. The Liquor Control Act of 1934 is amended by

24 changing Section 6-15 as follows:
   SB2394 Enrolled  - 2175 - LRB104 09208 AMC 19265 b

1  (235 ILCS 5/6-15) (from Ch. 43, par. 130)

2  Sec. 6-15. No alcoholic liquors shall be sold or delivered

3 in any building belonging to or under the control of the State

4 or any political subdivision thereof except as provided in

5 this Act. The corporate authorities of any city, village,

6 incorporated town, township, or county may provide by

7 ordinance, however, that alcoholic liquor may be sold or

8 delivered in any specifically designated building belonging to

9 or under the control of the municipality, township, or county,

10 or in any building located on land under the control of the

11 municipality, township, or county; provided that such township

12 or county complies with all applicable local ordinances in any

13 incorporated area of the township or county. Alcoholic liquor

14 may be delivered to and sold under the authority of a special

15 use permit on any property owned by a conservation district

16 organized under the Conservation District Act, provided that

17 (i) the alcoholic liquor is sold only at an event authorized by

18 the governing board of the conservation district, (ii) the

19 issuance of the special use permit is authorized by the local

20 liquor control commissioner of the territory in which the

21 property is located, and (iii) the special use permit

22 authorizes the sale of alcoholic liquor for one day or less.

23 Alcoholic liquors may be delivered to and sold at any airport

24 belonging to or under the control of a municipality of more

25 than 25,000 inhabitants, or in any building or on any golf

26 course owned by a park district organized under the Park
SB2394 Enrolled  - 2176 - LRB104 09208 AMC 19265 b

 1 District Code, subject to the approval of the governing board
 2 of the district, or in any building or on any golf course owned
 3 by a forest preserve district organized under the Downstate
 4 Forest Preserve District Act, subject to the approval of the
 5 governing board of the district, or on the grounds within 500
 6 feet of any building owned by a forest preserve district
 7 organized under the Downstate Forest Preserve District Act
 8 during times when food is dispensed for consumption within 500
 9 feet of the building from which the food is dispensed, subject
10 to the approval of the governing board of the district, or in a
11 building owned by a Local Mass Transit District organized
12 under the Local Mass Transit District Act, subject to the
13 approval of the governing Board of the District, or in
14 Bicentennial Park, or on the premises of the City of Mendota
15 Lake Park located adjacent to Route 51 in Mendota, Illinois,
16 or on the premises of Camden Park in Milan, Illinois, or in the
17 community center owned by the City of Loves Park that is
18 located at 1000 River Park Drive in Loves Park, Illinois, or,
19 in connection with the operation of an established food
20 serving facility during times when food is dispensed for
21 consumption on the premises, and at the following aquarium and
22 museums located in public parks: Art Institute of Chicago,
23 Chicago Academy of Sciences, Chicago Historical Society, Field
24 Museum of Natural History, Museum of Science and Industry,
25 DuSable Museum of African American History, John G. Shedd
26 Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
SB2394 Enrolled  - 2177 - LRB104 09208 AMC 19265 b

 1 and Sciences in Peoria, or in connection with the operation of
 2 the facilities of the Chicago Zoological Society or the
 3 Chicago Horticultural Society on land owned by the Forest
 4 Preserve District of Cook County, or on any land used for a
 5 golf course or for recreational purposes owned by the Forest
 6 Preserve District of Cook County, subject to the control of
 7 the Forest Preserve District Board of Commissioners and
 8 applicable local law, provided that dram shop liability
 9 insurance is provided at maximum coverage limits so as to hold
10 the District harmless from all financial loss, damage, and
11 harm, or in any building located on land owned by the Chicago
12 Park District if approved by the Park District Commissioners,
13 or on any land used for a golf course or for recreational
14 purposes and owned by the Illinois International Port District
15 if approved by the District's governing board, or at any
16 airport, golf course, faculty center, or facility in which
17 conference and convention type activities take place belonging
18 to or under control of any State university or public
19 community college district, provided that with respect to a
20 facility for conference and convention type activities
21 alcoholic liquors shall be limited to the use of the
22 convention or conference participants or participants in
23 cultural, political or educational activities held in such
24 facilities, and provided further that the faculty or staff of
25 the State university or a public community college district,
26 or members of an organization of students, alumni, faculty or
SB2394 Enrolled  - 2178 - LRB104 09208 AMC 19265 b

 1 staff of the State university or a public community college
 2 district are active participants in the conference or
 3 convention, or in Memorial Stadium on the campus of the
 4 University of Illinois at Urbana-Champaign during games in
 5 which the Chicago Bears professional football team is playing
 6 in that stadium during the renovation of Soldier Field, not
 7 more than one and a half hours before the start of the game and
 8 not after the end of the third quarter of the game, or in the
 9 Pavilion Facility on the campus of the University of Illinois
10 at Chicago during games in which the Chicago Storm
11 professional soccer team is playing in that facility, not more
12 than one and a half hours before the start of the game and not
13 after the end of the third quarter of the game, or in the
14 Pavilion Facility on the campus of the University of Illinois
15 at Chicago during games in which the WNBA professional women's
16 basketball team is playing in that facility, not more than one
17 and a half hours before the start of the game and not after the
18 10-minute mark of the second half of the game, or by a catering
19 establishment which has rented facilities from a board of
20 trustees of a public community college district, or in a
21 restaurant that is operated by a commercial tenant in the
22 North Campus Parking Deck building that (1) is located at 1201
23 West University Avenue, Urbana, Illinois and (2) is owned by
24 the Board of Trustees of the University of Illinois, or, if
25 approved by the District board, on land owned by the
26 Metropolitan Sanitary District of Greater Chicago and leased
SB2394 Enrolled  - 2179 - LRB104 09208 AMC 19265 b

 1 to others for a term of at least 20 years. Nothing in this
 2 Section precludes the sale or delivery of alcoholic liquor in
 3 the form of original packaged goods in premises located at 500
 4 S. Racine in Chicago belonging to the University of Illinois
 5 and used primarily as a grocery store by a commercial tenant
 6 during the term of a lease that predates the University's
 7 acquisition of the premises; but the University shall have no
 8 power or authority to renew, transfer, or extend the lease
 9 with terms allowing the sale of alcoholic liquor; and the sale
10 of alcoholic liquor shall be subject to all local laws and
11 regulations. After the acquisition by Winnebago County of the
12 property located at 404 Elm Street in Rockford, a commercial
13 tenant who sold alcoholic liquor at retail on a portion of the
14 property under a valid license at the time of the acquisition
15 may continue to do so for so long as the tenant and the County
16 may agree under existing or future leases, subject to all
17 local laws and regulations regarding the sale of alcoholic
18 liquor. Alcoholic liquors may be delivered to and sold at
19 Memorial Hall, located at 211 North Main Street, Rockford,
20 under conditions approved by Winnebago County and subject to
21 all local laws and regulations regarding the sale of alcoholic
22 liquor. Each facility shall provide dram shop liability in
23 maximum insurance coverage limits so as to save harmless the
24 State, municipality, State university, airport, golf course,
25 faculty center, facility in which conference and convention
26 type activities take place, park district, Forest Preserve
    SB2394 Enrolled  - 2180 - LRB104 09208 AMC 19265 b

1 District, public community college district, aquarium, museum,

2 or sanitary district from all financial loss, damage or harm.

3 Alcoholic liquors may be sold at retail in buildings of golf

4 courses owned by municipalities or Illinois State University

5 in connection with the operation of an established food

6 serving facility during times when food is dispensed for

7 consumption upon the premises. Alcoholic liquors may be

8 delivered to and sold at retail in any building owned by a fire

9 protection district organized under the Fire Protection

10 District Act, provided that such delivery and sale is approved

11 by the board of trustees of the district, and provided further

12 that such delivery and sale is limited to fundraising events

13 and to a maximum of 6 events per year. However, the limitation

14 to fundraising events and to a maximum of 6 events per year

15 does not apply to the delivery, sale, or manufacture of

16 alcoholic liquors at the building located at 59 Main Street in

17 Oswego, Illinois, owned by the Oswego Fire Protection District

18 if the alcoholic liquor is sold or dispensed as approved by the

19 Oswego Fire Protection District and the property is no longer

20 being utilized for fire protection purposes.

21  Alcoholic liquors may be served or sold in buildings under

22 the control of the Board of Trustees of the University of

23 Illinois for events that the Board may determine are public

24 events and not related student activities. The Board of

25 Trustees shall issue a written policy within 6 months of

26 August 15, 2008 (the effective date of Public Act 95-847)
SB2394 Enrolled  - 2181 - LRB104 09208 AMC 19265 b

 1 concerning the types of events that would be eligible for an
 2 exemption. Thereafter, the Board of Trustees may issue
 3 revised, updated, new, or amended policies as it deems
 4 necessary and appropriate. In preparing its written policy,
 5 the Board of Trustees shall, among other factors it considers
 6 relevant and important, give consideration to the following:
 7 (i) whether the event is a student activity or student-related
 8 student related activity; (ii) whether the physical setting of
 9 the event is conducive to control of liquor sales and
10 distribution; (iii) the ability of the event operator to
11 ensure that the sale or serving of alcoholic liquors and the
12 demeanor of the participants are in accordance with State law
13 and University policies; (iv) regarding the anticipated
14 attendees at the event, the relative proportion of individuals
15 under the age of 21 to individuals age 21 or older; (v) the
16 ability of the venue operator to prevent the sale or
17 distribution of alcoholic liquors to individuals under the age
18 of 21; (vi) whether the event prohibits participants from
19 removing alcoholic beverages from the venue; and (vii) whether
20 the event prohibits participants from providing their own
21 alcoholic liquors to the venue. In addition, any policy
22 submitted by the Board of Trustees to the Illinois Liquor
23 Control Commission must require that any event at which
24 alcoholic liquors are served or sold in buildings under the
25 control of the Board of Trustees shall require the prior
26 written approval of the Office of the Chancellor for the
   SB2394 Enrolled  - 2182 - LRB104 09208 AMC 19265 b

1 University campus where the event is located. The Board of

2 Trustees shall submit its policy, and any subsequently

3 revised, updated, new, or amended policies, to the Illinois

4 Liquor Control Commission, and any University event, or

5 location for an event, exempted under such policies shall

6 apply for a license under the applicable Sections of this Act.

7  Alcoholic liquors may be served or sold in buildings under

8 the control of the Board of Trustees of Northern Illinois

9 University for events that the Board may determine are public

10 events and not student-related activities. The Board of

11 Trustees shall issue a written policy within 6 months after

12 June 28, 2011 (the effective date of Public Act 97-45)

13 concerning the types of events that would be eligible for an

14 exemption. Thereafter, the Board of Trustees may issue

15 revised, updated, new, or amended policies as it deems

16 necessary and appropriate. In preparing its written policy,

17 the Board of Trustees shall, in addition to other factors it

18 considers relevant and important, give consideration to the

19 following: (i) whether the event is a student activity or

20 student-related activity; (ii) whether the physical setting of

21 the event is conducive to control of liquor sales and

22 distribution; (iii) the ability of the event operator to

23 ensure that the sale or serving of alcoholic liquors and the

24 demeanor of the participants are in accordance with State law

25 and University policies; (iv) the anticipated attendees at the

26 event and the relative proportion of individuals under the age
   SB2394 Enrolled  - 2183 - LRB104 09208 AMC 19265 b

1 of 21 to individuals age 21 or older; (v) the ability of the

2 venue operator to prevent the sale or distribution of

3 alcoholic liquors to individuals under the age of 21; (vi)

4 whether the event prohibits participants from removing

5 alcoholic beverages from the venue; and (vii) whether the

6 event prohibits participants from providing their own

7 alcoholic liquors to the venue.

8  Alcoholic liquors may be served or sold in buildings under

9 the control of the Board of Trustees of Chicago State

10 University for events that the Board may determine are public

11 events and not student-related activities. The Board of

12 Trustees shall issue a written policy within 6 months after

13 August 2, 2013 (the effective date of Public Act 98-132)

14 concerning the types of events that would be eligible for an

15 exemption. Thereafter, the Board of Trustees may issue

16 revised, updated, new, or amended policies as it deems

17 necessary and appropriate. In preparing its written policy,

18 the Board of Trustees shall, in addition to other factors it

19 considers relevant and important, give consideration to the

20 following: (i) whether the event is a student activity or

21 student-related activity; (ii) whether the physical setting of

22 the event is conducive to control of liquor sales and

23 distribution; (iii) the ability of the event operator to

24 ensure that the sale or serving of alcoholic liquors and the

25 demeanor of the participants are in accordance with State law

26 and University policies; (iv) the anticipated attendees at the
   SB2394 Enrolled  - 2184 - LRB104 09208 AMC 19265 b

1 event and the relative proportion of individuals under the age

2 of 21 to individuals age 21 or older; (v) the ability of the

3 venue operator to prevent the sale or distribution of

4 alcoholic liquors to individuals under the age of 21; (vi)

5 whether the event prohibits participants from removing

6 alcoholic beverages from the venue; and (vii) whether the

7 event prohibits participants from providing their own

8 alcoholic liquors to the venue.

9  Alcoholic liquors may be served or sold in buildings under

10 the control of the Board of Trustees of Illinois State

11 University for events that the Board may determine are public

12 events and not student-related activities. The Board of

13 Trustees shall issue a written policy within 6 months after

14 March 1, 2013 (the effective date of Public Act 97-1166)

15 concerning the types of events that would be eligible for an

16 exemption. Thereafter, the Board of Trustees may issue

17 revised, updated, new, or amended policies as it deems

18 necessary and appropriate. In preparing its written policy,

19 the Board of Trustees shall, in addition to other factors it

20 considers relevant and important, give consideration to the

21 following: (i) whether the event is a student activity or

22 student-related activity; (ii) whether the physical setting of

23 the event is conducive to control of liquor sales and

24 distribution; (iii) the ability of the event operator to

25 ensure that the sale or serving of alcoholic liquors and the

26 demeanor of the participants are in accordance with State law
    SB2394 Enrolled  - 2185 - LRB104 09208 AMC 19265 b

1 and University policies; (iv) the anticipated attendees at the

2 event and the relative proportion of individuals under the age

3 of 21 to individuals age 21 or older; (v) the ability of the

4 venue operator to prevent the sale or distribution of

5 alcoholic liquors to individuals under the age of 21; (vi)

6 whether the event prohibits participants from removing

7 alcoholic beverages from the venue; and (vii) whether the

8 event prohibits participants from providing their own

9 alcoholic liquors to the venue.

10  Alcoholic liquors may be served or sold in buildings under

11 the control of the Board of Trustees of Southern Illinois

12 University for events that the Board may determine are public

13 events and not student-related activities. The Board of

14 Trustees shall issue a written policy within 6 months after

15 August 12, 2016 (the effective date of Public Act 99-795)

16 concerning the types of events that would be eligible for an

17 exemption. Thereafter, the Board of Trustees may issue

18 revised, updated, new, or amended policies as it deems

19 necessary and appropriate. In preparing its written policy,

20 the Board of Trustees shall, in addition to other factors it

21 considers relevant and important, give consideration to the

22 following: (i) whether the event is a student activity or

23 student-related activity; (ii) whether the physical setting of

24 the event is conducive to control of liquor sales and

25 distribution; (iii) the ability of the event operator to

26 ensure that the sale or serving of alcoholic liquors and the
    SB2394 Enrolled  - 2186 - LRB104 09208 AMC 19265 b

1 demeanor of the participants are in accordance with State law

2 and University policies; (iv) the anticipated attendees at the

3 event and the relative proportion of individuals under the age

4 of 21 to individuals age 21 or older; (v) the ability of the

5 venue operator to prevent the sale or distribution of

6 alcoholic liquors to individuals under the age of 21; (vi)

7 whether the event prohibits participants from removing

8 alcoholic beverages from the venue; and (vii) whether the

9 event prohibits participants from providing their own

10 alcoholic liquors to the venue.

11  Alcoholic liquors may be served or sold in buildings under

12 the control of the Board of Trustees of a public university for

13 events that the Board of Trustees of that public university

14 may determine are public events and not student-related

15 activities. If the Board of Trustees of a public university

16 has not issued a written policy pursuant to an exemption under

17 this Section on or before July 15, 2016 (the effective date of

18 Public Act 99-550), then that Board of Trustees shall issue a

19 written policy within 6 months after July 15, 2016 (the

20 effective date of Public Act 99-550) concerning the types of

21 events that would be eligible for an exemption. Thereafter,

22 the Board of Trustees may issue revised, updated, new, or

23 amended policies as it deems necessary and appropriate. In

24 preparing its written policy, the Board of Trustees shall, in

25 addition to other factors it considers relevant and important,

26 give consideration to the following: (i) whether the event is
    SB2394 Enrolled  - 2187 - LRB104 09208 AMC 19265 b

1 a student activity or student-related activity; (ii) whether

2 the physical setting of the event is conducive to control of

3 liquor sales and distribution; (iii) the ability of the event

4 operator to ensure that the sale or serving of alcoholic

5 liquors and the demeanor of the participants are in accordance

6 with State law and University policies; (iv) the anticipated

7 attendees at the event and the relative proportion of

8 individuals under the age of 21 to individuals age 21 or older;

9 (v) the ability of the venue operator to prevent the sale or

10 distribution of alcoholic liquors to individuals under the age

11 of 21; (vi) whether the event prohibits participants from

12 removing alcoholic beverages from the venue; and (vii) whether

13 the event prohibits participants from providing their own

14 alcoholic liquors to the venue. As used in this paragraph,

15 "public university" means the University of Illinois, Illinois

16 State University, Chicago State University, Governors State

17 University, Southern Illinois University, Northern Illinois

18 University, Eastern Illinois University, Western Illinois

19 University, and Northeastern Illinois University.

20  Alcoholic liquors may be served or sold in buildings under

21 the control of the Board of Trustees of a community college

22 district for events that the Board of Trustees of that

23 community college district may determine are public events and

24 not student-related activities. The Board of Trustees shall

25 issue a written policy within 6 months after July 15, 2016 (the

26 effective date of Public Act 99-550) concerning the types of
    SB2394 Enrolled            - 2188 - LRB104 09208 AMC 19265 b

1 events that would be eligible for an exemption. Thereafter,

2 the Board of Trustees may issue revised, updated, new, or

3 amended policies as it deems necessary and appropriate. In

4 preparing its written policy, the Board of Trustees shall, in

5 addition to other factors it considers relevant and important,

6 give consideration to the following: (i) whether the event is

7 a student activity or student-related activity; (ii) whether

8 the physical setting of the event is conducive to control of

9 liquor sales and distribution; (iii) the ability of the event

10 operator to ensure that the sale or serving of alcoholic

11 liquors and the demeanor of the participants are in accordance

12 with State law and community college district policies; (iv)

13 the anticipated attendees at the event and the relative

14 proportion of individuals under the age of 21 to individuals

15 age 21 or older; (v) the ability of the venue operator to

16 prevent the sale or distribution of alcoholic liquors to

17 individuals under the age of 21; (vi) whether the event

18 prohibits participants from removing alcoholic beverages from

19 the venue; and (vii) whether the event prohibits participants

20 from providing their own alcoholic liquors to the venue. This

21 paragraph does not apply to any community college district

22 authorized to sell or serve alcoholic liquor under any other

23 provision of this Section.

24  Alcoholic liquor may be delivered to and sold at retail in

25 the Dorchester Senior Business Center owned by the Village of

26 Dolton if the alcoholic liquor is sold or dispensed only in
    SB2394 Enrolled  - 2189 - LRB104 09208 AMC 19265 b

1 connection with organized functions for which the planned

2 attendance is 20 or more persons, and if the person or facility

3 selling or dispensing the alcoholic liquor has provided dram

4 shop liability insurance in maximum limits so as to hold

5 harmless the Village of Dolton and the State from all

6 financial loss, damage and harm.

7   Alcoholic liquors may be delivered to and sold at retail

8 in any building used as an Illinois State Armory provided:

9   (i) the Adjutant General's written consent to the

10  issuance of a license to sell alcoholic liquor in such

11  building is filed with the Commission;

12  (ii) the alcoholic liquor is sold or dispensed only in

13  connection with organized functions held on special

14  occasions;

15  (iii) the organized function is one for which the

16  planned attendance is 25 or more persons; and

17  (iv) the facility selling or dispensing the alcoholic

18  liquors has provided dram shop liability insurance in

19  maximum limits so as to save harmless the facility and the

20  State from all financial loss, damage or harm.

21  Alcoholic liquors may be delivered to and sold at retail

22 in the Chicago Civic Center, provided that:

23  (i) the written consent of the Public Building

24  Commission which administers the Chicago Civic Center is

25  filed with the Commission;

26  (ii) the alcoholic liquor is sold or dispensed only in
    SB2394 Enrolled      - 2190 - LRB104 09208 AMC 19265 b

1   connection with organized functions held on special

2   occasions;

3   (iii) the organized function is one for which the

4   planned attendance is 25 or more persons;

5   (iv) the facility selling or dispensing the alcoholic

6   liquors has provided dram shop liability insurance in

7   maximum limits so as to hold harmless the Civic Center,

8   the City of Chicago and the State from all financial loss,

9   damage or harm; and

10  (v) all applicable local ordinances are complied with.

11  Alcoholic liquors may be delivered or sold in any building

12 belonging to or under the control of any city, village or

13 incorporated town where more than 75% of the physical

14 properties of the building is used for commercial or

15 recreational purposes, and the building is located upon a pier

16 extending into or over the waters of a navigable lake or stream

17 or on the shore of a navigable lake or stream. In accordance

18 with a license issued under this Act, alcoholic liquor may be

19 sold, served, or delivered in buildings and facilities under

20 the control of the Department of Natural Resources during

21 events or activities lasting no more than 7 continuous days

22 upon the written approval of the Director of Natural Resources

23 acting as the controlling government authority. The Director

24 of Natural Resources may specify conditions on that approval,

25 including, but not limited to, requirements for insurance and

26 hours of operation. Notwithstanding any other provision of
    SB2394 Enrolled       - 2191 - LRB104 09208 AMC 19265 b

1 this Act, alcoholic liquor sold by a United States Army Corps

2 of Engineers or Department of Natural Resources concessionaire

3 who was operating on June 1, 1991 for on-premises consumption

4 only is not subject to the provisions of Articles IV and IX.

5 Beer and wine may be sold on the premises of the Joliet Park

6 District Stadium owned by the Joliet Park District when

7 written consent to the issuance of a license to sell beer and

8 wine in such premises is filed with the local liquor

9 commissioner by the Joliet Park District. Beer and wine may be

10 sold in buildings on the grounds of State veterans' homes when

11 written consent to the issuance of a license to sell beer and

12 wine in such buildings is filed with the Commission by the

13 Department of Veterans' Affairs, and the facility shall

14 provide dram shop liability in maximum insurance coverage

15 limits so as to save the facility harmless from all financial

16 loss, damage or harm. Such liquors may be delivered to and sold

17 at any property owned or held under lease by a Metropolitan

18 Pier and Exposition Authority or Metropolitan Exposition and

19 Auditorium Authority.

20  Beer and wine may be sold and dispensed at professional

21 sporting events and at professional concerts and other

22 entertainment events conducted on premises owned by the Forest

23 Preserve District of Kane County, subject to the control of

24 the District Commissioners and applicable local law, provided

25 that dram shop liability insurance is provided at maximum

26 coverage limits so as to hold the District harmless from all
    SB2394 Enrolled     - 2192 - LRB104 09208 AMC 19265 b

1 financial loss, damage and harm.

2   Nothing in this Section shall preclude the sale or

3 delivery of beer and wine at a State or county fair or the sale

4 or delivery of beer or wine at a city fair in any otherwise

5 lawful manner.

6   Alcoholic liquors may be sold at retail in buildings in

7 State parks under the control of the Department of Natural

8 Resources, provided:

9   a. the State park has overnight lodging facilities

10  with some restaurant facilities or, not having overnight

11  lodging facilities, has restaurant facilities which serve

12  complete luncheon and dinner or supper meals,

13  b. (blank), and

14  c. the alcoholic liquors are sold by the State park

15  lodge or restaurant concessionaire only during the hours

16  from 11 o'clock a.m. until 12 o'clock midnight.

17  Notwithstanding any other provision of this Act, alcoholic

18  liquor sold by the State park or restaurant concessionaire

19  is not subject to the provisions of Articles IV and IX.

20  Alcoholic liquors may be sold at retail in buildings on

21 properties under the control of the Division of Historic

22 Preservation of the Department of Natural Resources or the

23 Abraham Lincoln Presidential Library and Museum provided:

24  a. the property has overnight lodging facilities with

25  some restaurant facilities or, not having overnight

26  lodging facilities, has restaurant facilities which serve
    SB2394 Enrolled  - 2193 - LRB104 09208 AMC 19265 b

1   complete luncheon and dinner or supper meals,

2           b. consent to the issuance of a license to sell

3   alcoholic liquors in the buildings has been filed with the

4   commission by the Division of Historic Preservation of the

5   Department of Natural Resources or the Abraham Lincoln

6   Presidential Library and Museum, and

7           c. the alcoholic liquors are sold by the lodge or

8   restaurant concessionaire only during the hours from 11

9   o'clock a.m. until 12 o'clock midnight.

10  The sale of alcoholic liquors pursuant to this Section

11 does not authorize the establishment and operation of

12 facilities commonly called taverns, saloons, bars, cocktail

13 lounges, and the like except as a part of lodge and restaurant

14 facilities in State parks or golf courses owned by Forest

15 Preserve Districts with a population of less than 3,000,000 or

16 municipalities or park districts.

17  Alcoholic liquors may be sold at retail in the Springfield

18 Administration Building of the Department of Transportation

19 and the Illinois State Armory in Springfield; provided, that

20 the controlling government authority may consent to such sales

21 only if

22          a. the request is from a not-for-profit organization;

23          b. such sales would not impede normal operations of

24  the departments involved;

25          c. the not-for-profit organization provides dram shop

26  liability in maximum insurance coverage limits and agrees
    SB2394 Enrolled         - 2194 - LRB104 09208 AMC 19265 b

1   to defend, save harmless and indemnify the State of

2   Illinois from all financial loss, damage or harm;

3   d. no such sale shall be made during normal working

4   hours of the State of Illinois; and

5   e. the consent is in writing.

6   Alcoholic liquors may be sold at retail in buildings in

7 recreational areas of river conservancy districts under the

8 control of, or leased from, the river conservancy districts.

9 Such sales are subject to reasonable local regulations as

10 provided in Article IV; however, no such regulations may

11 prohibit or substantially impair the sale of alcoholic liquors

12 on Sundays or Holidays.

13  Alcoholic liquors may be provided in long term care

14 facilities owned or operated by a county under Division 5-21

15 or 5-22 of the Counties Code, when approved by the facility

16 operator and not in conflict with the regulations of the

17 Illinois Department of Public Health, to residents of the

18 facility who have had their consumption of the alcoholic

19 liquors provided approved in writing by a physician licensed

20 to practice medicine in all its branches.

21  Alcoholic liquors may be delivered to and dispensed in

22 State housing assigned to employees of the Department of

23 Corrections. No person shall furnish or allow to be furnished

24 any alcoholic liquors to any prisoner confined in any jail,

25 reformatory, prison or house of correction except upon a

26 physician's prescription for medicinal purposes.
    SB2394 Enrolled        - 2195 - LRB104 09208 AMC 19265 b

1   Alcoholic liquors may be sold at retail or dispensed at

2 the Willard Ice Building in Springfield, at the State Library

3 in Springfield, and at Illinois State Museum facilities by (1)

4 an agency of the State, whether legislative, judicial or

5 executive, provided that such agency first obtains written

6 permission to sell or dispense alcoholic liquors from the

7 controlling government authority, or by (2) a not-for-profit

8 organization, provided that such organization:

9   a. Obtains written consent from the controlling

10  government authority;

11  b. Sells or dispenses the alcoholic liquors in a

12  manner that does not impair normal operations of State

13  offices located in the building;

14  c. Sells or dispenses alcoholic liquors only in

15  connection with an official activity in the building;

16  d. Provides, or its catering service provides, dram

17  shop liability insurance in maximum coverage limits and in

18  which the carrier agrees to defend, save harmless and

19  indemnify the State of Illinois from all financial loss,

20  damage or harm arising out of the selling or dispensing of

21  alcoholic liquors.

22  Nothing in this Act shall prevent a not-for-profit

23 organization or agency of the State from employing the

24 services of a catering establishment for the selling or

25 dispensing of alcoholic liquors at authorized functions.

26  The controlling government authority for the Willard Ice
    SB2394 Enrolled        - 2196 - LRB104 09208 AMC 19265 b

1 Building in Springfield shall be the Director of the

2 Department of Revenue. The controlling government authority

3 for Illinois State Museum facilities shall be the Director of

4 the Illinois State Museum. The controlling government

5 authority for the State Library in Springfield shall be the

6 Secretary of State.

7   Alcoholic liquors may be delivered to and sold at retail

8 or dispensed at any facility, property or building under the

9 jurisdiction of the Division of Historic Preservation of the

10 Department of Natural Resources, the Abraham Lincoln

11 Presidential Library and Museum, or the State Treasurer where

12 the delivery, sale or dispensing is by (1) an agency of the

13 State, whether legislative, judicial or executive, provided

14 that such agency first obtains written permission to sell or

15 dispense alcoholic liquors from a controlling government

16 authority, or by (2) an individual or organization provided

17 that such individual or organization:

18  a. Obtains written consent from the controlling

19  government authority;

20  b. Sells or dispenses the alcoholic liquors in a

21  manner that does not impair normal workings of State

22  offices or operations located at the facility, property or

23  building;

24  c. Sells or dispenses alcoholic liquors only in

25  connection with an official activity of the individual or

26  organization in the facility, property or building;
    SB2394 Enrolled     - 2197 - LRB104 09208 AMC 19265 b

1   d. Provides, or its catering service provides, dram

2   shop liability insurance in maximum coverage limits and in

3   which the carrier agrees to defend, save harmless and

4   indemnify the State of Illinois from all financial loss,

5   damage or harm arising out of the selling or dispensing of

6   alcoholic liquors.

7   The controlling government authority for the Division of

8 Historic Preservation of the Department of Natural Resources

9 shall be the Director of Natural Resources, the controlling

10 government authority for the Abraham Lincoln Presidential

11 Library and Museum shall be the Executive Director of the

12 Abraham Lincoln Presidential Library and Museum, and the

13 controlling government authority for the facilities, property,

14 or buildings under the jurisdiction of the State Treasurer

15 shall be the State Treasurer or the State Treasurer's

16 designee.

17  Alcoholic liquors may be delivered to and sold at retail

18 or dispensed for consumption at the Michael Bilandic Building

19 at 160 North LaSalle Street, Chicago IL 60601, after the

20 normal business hours of any day care or child care facility

21 located in the building, by (1) a commercial tenant or

22 subtenant conducting business on the premises under a lease

23 made pursuant to Section 405-315 of the Department of Central

24 Management Services Law (20 ILCS 405/405-315), provided that

25 such tenant or subtenant who accepts delivery of, sells, or

26 dispenses alcoholic liquors shall procure and maintain dram
    SB2394 Enrolled        - 2198 - LRB104 09208 AMC 19265 b

1 shop liability insurance in maximum coverage limits and in

2 which the carrier agrees to defend, indemnify, and save

3 harmless the State of Illinois from all financial loss,

4 damage, or harm arising out of the delivery, sale, or

5 dispensing of alcoholic liquors, or by (2) an agency of the

6 State, whether legislative, judicial, or executive, provided

7 that such agency first obtains written permission to accept

8 delivery of and sell or dispense alcoholic liquors from the

9 Director of Central Management Services, or by (3) a

10 not-for-profit organization, provided that such organization:

11  a. obtains written consent from the Department of

12  Central Management Services;

13  b. accepts delivery of and sells or dispenses the

14  alcoholic liquors in a manner that does not impair normal

15  operations of State offices located in the building;

16  c. accepts delivery of and sells or dispenses

17  alcoholic liquors only in connection with an official

18  activity in the building; and

19  d. provides, or its catering service provides, dram

20  shop liability insurance in maximum coverage limits and in

21  which the carrier agrees to defend, save harmless, and

22  indemnify the State of Illinois from all financial loss,

23  damage, or harm arising out of the selling or dispensing

24  of alcoholic liquors.

25  Nothing in this Act shall prevent a not-for-profit

26 organization or agency of the State from employing the
    SB2394 Enrolled  - 2199 - LRB104 09208 AMC 19265 b

1 services of a catering establishment for the selling or

2 dispensing of alcoholic liquors at functions authorized by the

3 Director of Central Management Services.

4   Alcoholic liquors may be sold at retail or dispensed at

5 the James R. Thompson Center in Chicago, subject to the

6 provisions of Section 7.4 of the State Property Control Act,

7 and 222 South College Street in Springfield, Illinois by (1) a

8 commercial tenant or subtenant conducting business on the

9 premises under a lease or sublease made pursuant to Section

10 405-315 of the Department of Central Management Services Law

11 (20 ILCS 405/405-315), provided that such tenant or subtenant

12 who sells or dispenses alcoholic liquors shall procure and

13 maintain dram shop liability insurance in maximum coverage

14 limits and in which the carrier agrees to defend, indemnify

15 and save harmless the State of Illinois from all financial

16 loss, damage or harm arising out of the sale or dispensing of

17 alcoholic liquors, or by (2) an agency of the State, whether

18 legislative, judicial or executive, provided that such agency

19 first obtains written permission to sell or dispense alcoholic

20 liquors from the Director of Central Management Services, or

21 by (3) a not-for-profit organization, provided that such

22 organization:

23  a. Obtains written consent from the Department of

24  Central Management Services;

25  b. Sells or dispenses the alcoholic liquors in a

26  manner that does not impair normal operations of State
    SB2394 Enrolled     - 2200 - LRB104 09208 AMC 19265 b

1   offices located in the building;

2   c. Sells or dispenses alcoholic liquors only in

3   connection with an official activity in the building;

4   d. Provides, or its catering service provides, dram

5   shop liability insurance in maximum coverage limits and in

6   which the carrier agrees to defend, save harmless and

7   indemnify the State of Illinois from all financial loss,

8   damage or harm arising out of the selling or dispensing of

9   alcoholic liquors.

10  Nothing in this Act shall prevent a not-for-profit

11 organization or agency of the State from employing the

12 services of a catering establishment for the selling or

13 dispensing of alcoholic liquors at functions authorized by the

14 Director of Central Management Services.

15  Alcoholic liquors may be sold or delivered at any facility

16 owned by the Illinois Sports Facilities Authority provided

17 that dram shop liability insurance has been made available in

18 a form, with such coverage and in such amounts as the Authority

19 reasonably determines is necessary.

20  Alcoholic liquors may be sold at retail or dispensed at

21 the Rockford State Office Building by (1) an agency of the

22 State, whether legislative, judicial or executive, provided

23 that such agency first obtains written permission to sell or

24 dispense alcoholic liquors from the Department of Central

25 Management Services, or by (2) a not-for-profit organization,

26 provided that such organization:
    SB2394 Enrolled     - 2201 - LRB104 09208 AMC 19265 b

1   a. Obtains written consent from the Department of

2   Central Management Services;

3   b. Sells or dispenses the alcoholic liquors in a

4   manner that does not impair normal operations of State

5   offices located in the building;

6   c. Sells or dispenses alcoholic liquors only in

7   connection with an official activity in the building;

8   d. Provides, or its catering service provides, dram

9   shop liability insurance in maximum coverage limits and in

10  which the carrier agrees to defend, save harmless and

11  indemnify the State of Illinois from all financial loss,

12  damage or harm arising out of the selling or dispensing of

13  alcoholic liquors.

14  Nothing in this Act shall prevent a not-for-profit

15 organization or agency of the State from employing the

16 services of a catering establishment for the selling or

17 dispensing of alcoholic liquors at functions authorized by the

18 Department of Central Management Services.

19  Alcoholic liquors may be sold or delivered in a building

20 that is owned by McLean County, situated on land owned by the

21 county in the City of Bloomington, and used by the McLean

22 County Historical Society if the sale or delivery is approved

23 by an ordinance adopted by the county board, and the

24 municipality in which the building is located may not prohibit

25 that sale or delivery, notwithstanding any other provision of

26 this Section. The regulation of the sale and delivery of
    SB2394 Enrolled  - 2202 - LRB104 09208 AMC 19265 b

1 alcoholic liquor in a building that is owned by McLean County,

2 situated on land owned by the county, and used by the McLean

3 County Historical Society as provided in this paragraph is an

4 exclusive power and function of the State and is a denial and

5 limitation under Article VII, Section 6, subsection (h) of the

6 Illinois Constitution of the power of a home rule municipality

7 to regulate that sale and delivery.

8   Alcoholic liquors may be sold or delivered in any building

9 situated on land held in trust for any school district

10 organized under Article 34 of the School Code, if the building

11 is not used for school purposes and if the sale or delivery is

12 approved by the board of education.

13  Alcoholic liquors may be delivered to and sold at retail

14 in any building owned by a public library district, provided

15 that the delivery and sale is approved by the board of trustees

16 of that public library district and is limited to library

17 fundraising events or programs of a cultural or educational

18 nature. Before the board of trustees of a public library

19 district may approve the delivery and sale of alcoholic

20 liquors, the board of trustees of the public library district

21 must have a written policy that has been approved by the board

22 of trustees of the public library district governing when and

23 under what circumstances alcoholic liquors may be delivered to

24 and sold at retail on property owned by that public library

25 district. The written policy must (i) provide that no

26 alcoholic liquor may be sold, distributed, or consumed in any
    SB2394 Enrolled  - 2203 - LRB104 09208 AMC 19265 b

1 area of the library accessible to the general public during

2 the event or program, (ii) prohibit the removal of alcoholic

3 liquor from the venue during the event, and (iii) require that

4 steps be taken to prevent the sale or distribution of

5 alcoholic liquor to persons under the age of 21. Any public

6 library district that has alcoholic liquor delivered to or

7 sold at retail on property owned by the public library

8 district shall provide dram shop liability insurance in

9 maximum insurance coverage limits so as to save harmless the

10 public library districts from all financial loss, damage, or

11 harm.

12  Alcoholic liquors may be sold or delivered in buildings

13 owned by the Community Building Complex Committee of Boone

14 County, Illinois if the person or facility selling or

15 dispensing the alcoholic liquor has provided dram shop

16 liability insurance with coverage and in amounts that the

17 Committee reasonably determines are necessary.

18  Alcoholic liquors may be sold or delivered in the building

19 located at 1200 Centerville Avenue in Belleville, Illinois and

20 occupied by either the Belleville Area Special Education

21 District or the Belleville Area Special Services Cooperative.

22  Alcoholic liquors may be delivered to and sold at the

23 Louis Joliet Renaissance Center, City Center Campus, located

24 at 214 N. Ottawa Street, Joliet, and the Food

25 Services/Culinary Arts Department facilities, Main Campus,

26 located at 1215 Houbolt Road, Joliet, owned by or under the
    SB2394 Enrolled         - 2204 - LRB104 09208 AMC 19265 b

1 control of Joliet Junior College, Illinois Community College

2 District No. 525.

3   Alcoholic liquors may be delivered to and sold at Triton

4 College, Illinois Community College District No. 504.

5   Alcoholic liquors may be delivered to and sold at the

6 College of DuPage, Illinois Community College District No.

7 502.

8   Alcoholic liquors may be delivered to and sold on any

9 property owned, operated, or controlled by Lewis and Clark

10 Community College, Illinois Community College District No.

11 536.

12  Alcoholic liquors may be delivered to and sold at the

13 building located at 446 East Hickory Avenue in Apple River,

14 Illinois, owned by the Apple River Fire Protection District,

15 and occupied by the Apple River Community Association if the

16 alcoholic liquor is sold or dispensed only in connection with

17 organized functions approved by the Apple River Community

18 Association for which the planned attendance is 20 or more

19 persons and if the person or facility selling or dispensing

20 the alcoholic liquor has provided dram shop liability

21 insurance in maximum limits so as to hold harmless the Apple

22 River Fire Protection District, the Village of Apple River,

23 and the Apple River Community Association from all financial

24 loss, damage, and harm.

25  Alcoholic liquors may be delivered to and sold at the

26 Sikia Restaurant, Kennedy King College Campus, located at 740
    SB2394 Enrolled   - 2205 - LRB104 09208 AMC 19265 b

1 West 63rd Street, Chicago, and at the Food Services in the

2 Great Hall/Washburne Culinary Institute Department facility,

3 Kennedy King College Campus, located at 740 West 63rd Street,

4 Chicago, owned by or under the control of City Colleges of

5 Chicago, Illinois Community College District No. 508.

6   Alcoholic liquors may be delivered to and sold at the

7 building located at 305 West Grove St. in Poplar Grove,

8 Illinois that is owned and operated by North Boone Fire

9 District #3 if the alcoholic liquor is sold or dispensed only

10 in connection with organized functions approved by the North

11 Boone Fire District #3 for which the planned attendance is 20

12 or more persons and if the person or facility selling or

13 dispensing the alcoholic liquor has provided dram shop

14 liability insurance in maximum limits so as to hold harmless

15 North Boone County Fire District #3 from all financial loss,

16 damage, and harm.

17 (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24;

18 revised 9-25-24.)

19  Section 900. The Illinois Public Aid Code is amended by

20 changing Sections 5-5, 5-5.01a, 5-5a.1, 5-16.8, 5-16.8a,

21 5-30.1, and 14-12 and by setting forth and renumbering

22 Sections 5-5.24a and 5-52 as follows:

23  (305 ILCS 5/5-5)

24  (Text of Section before amendment by P.A. 103-808)
   SB2394 Enrolled  - 2206 - LRB104 09208 AMC 19265 b

1  Sec. 5-5. Medical services. The Illinois Department, by

2 rule, shall determine the quantity and quality of and the rate

3 of reimbursement for the medical assistance for which payment

4 will be authorized, and the medical services to be provided,

5 which may include all or part of the following: (1) inpatient

6 hospital services; (2) outpatient hospital services; (3) other

7 laboratory and X-ray services; (4) skilled nursing home

8 services; (5) physicians' services whether furnished in the

9 office, the patient's home, a hospital, a skilled nursing

10 home, or elsewhere; (6) medical care, or any other type of

11 remedial care furnished by licensed practitioners; (7) home

12 health care services; (8) private duty nursing service; (9)

13 clinic services; (10) dental services, including prevention

14 and treatment of periodontal disease and dental caries disease

15 for pregnant individuals, provided by an individual licensed

16 to practice dentistry or dental surgery; for purposes of this

17 item (10), "dental services" means diagnostic, preventive, or

18 corrective procedures provided by or under the supervision of

19 a dentist in the practice of his or her profession; (11)

20 physical therapy and related services; (12) prescribed drugs,

21 dentures, and prosthetic devices; and eyeglasses prescribed by

22 a physician skilled in the diseases of the eye, or by an

23 optometrist, whichever the person may select; (13) other

24 diagnostic, screening, preventive, and rehabilitative

25 services, including to ensure that the individual's need for

26 intervention or treatment of mental disorders or substance use
    SB2394 Enrolled  - 2207 - LRB104 09208 AMC 19265 b

1 disorders or co-occurring mental health and substance use

2 disorders is determined using a uniform screening, assessment,

3 and evaluation process inclusive of criteria, for children and

4 adults; for purposes of this item (13), a uniform screening,

5 assessment, and evaluation process refers to a process that

6 includes an appropriate evaluation and, as warranted, a

7 referral; "uniform" does not mean the use of a singular

8 instrument, tool, or process that all must utilize; (14)

9 transportation and such other expenses as may be necessary;

10 (15) medical treatment of sexual assault survivors, as defined

11 in Section 1a of the Sexual Assault Survivors Emergency

12 Treatment Act, for injuries sustained as a result of the

13 sexual assault, including examinations and laboratory tests to

14 discover evidence which may be used in criminal proceedings

15 arising from the sexual assault; (16) the diagnosis and

16 treatment of sickle cell anemia; (16.5) services performed by

17 a chiropractic physician licensed under the Medical Practice

18 Act of 1987 and acting within the scope of his or her license,

19 including, but not limited to, chiropractic manipulative

20 treatment; and (17) any other medical care, and any other type

21 of remedial care recognized under the laws of this State. The

22 term "any other type of remedial care" shall include nursing

23 care and nursing home service for persons who rely on

24 treatment by spiritual means alone through prayer for healing.

25  Notwithstanding any other provision of this Section, a

26 comprehensive tobacco use cessation program that includes
    SB2394 Enrolled     - 2208 - LRB104 09208 AMC 19265 b

1 purchasing prescription drugs or prescription medical devices

2 approved by the Food and Drug Administration shall be covered

3 under the medical assistance program under this Article for

4 persons who are otherwise eligible for assistance under this

5 Article.

6   Notwithstanding any other provision of this Code,

7 reproductive health care that is otherwise legal in Illinois

8 shall be covered under the medical assistance program for

9 persons who are otherwise eligible for medical assistance

10 under this Article.

11  Notwithstanding any other provision of this Section, all

12 tobacco cessation medications approved by the United States

13 Food and Drug Administration and all individual and group

14 tobacco cessation counseling services and telephone-based

15 counseling services and tobacco cessation medications provided

16 through the Illinois Tobacco Quitline shall be covered under

17 the medical assistance program for persons who are otherwise

18 eligible for assistance under this Article. The Department

19 shall comply with all federal requirements necessary to obtain

20 federal financial participation, as specified in 42 CFR

21 433.15(b)(7), for telephone-based counseling services provided

22 through the Illinois Tobacco Quitline, including, but not

23 limited to: (i) entering into a memorandum of understanding or

24 interagency agreement with the Department of Public Health, as

25 administrator of the Illinois Tobacco Quitline; and (ii)

26 developing a cost allocation plan for Medicaid-allowable
    SB2394 Enrolled  - 2209 - LRB104 09208 AMC 19265 b

1 Illinois Tobacco Quitline services in accordance with 45 CFR

2 95.507. The Department shall submit the memorandum of

3 understanding or interagency agreement, the cost allocation

4 plan, and all other necessary documentation to the Centers for

5 Medicare and Medicaid Services for review and approval.

6 Coverage under this paragraph shall be contingent upon federal

7 approval.

8   Notwithstanding any other provision of this Code, the

9 Illinois Department may not require, as a condition of payment

10 for any laboratory test authorized under this Article, that a

11 physician's handwritten signature appear on the laboratory

12 test order form. The Illinois Department may, however, impose

13 other appropriate requirements regarding laboratory test order

14 documentation.

15  Upon receipt of federal approval of an amendment to the

16 Illinois Title XIX State Plan for this purpose, the Department

17 shall authorize the Chicago Public Schools (CPS) to procure a

18 vendor or vendors to manufacture eyeglasses for individuals

19 enrolled in a school within the CPS system. CPS shall ensure

20 that its vendor or vendors are enrolled as providers in the

21 medical assistance program and in any capitated Medicaid

22 managed care entity (MCE) serving individuals enrolled in a

23 school within the CPS system. Under any contract procured

24 under this provision, the vendor or vendors must serve only

25 individuals enrolled in a school within the CPS system. Claims

26 for services provided by CPS's vendor or vendors to recipients
    SB2394 Enrolled         - 2210 - LRB104 09208 AMC 19265 b

1 of benefits in the medical assistance program under this Code,

2 the Children's Health Insurance Program, or the Covering ALL

3 KIDS Health Insurance Program shall be submitted to the

4 Department or the MCE in which the individual is enrolled for

5 payment and shall be reimbursed at the Department's or the

6 MCE's established rates or rate methodologies for eyeglasses.

7   On and after July 1, 2012, the Department of Healthcare

8 and Family Services may provide the following services to

9 persons eligible for assistance under this Article who are

10 participating in education, training or employment programs

11 operated by the Department of Human Services as successor to

12 the Department of Public Aid:

13  (1) dental services provided by or under the

14  supervision of a dentist; and

15  (2) eyeglasses prescribed by a physician skilled in

16  the diseases of the eye, or by an optometrist, whichever

17  the person may select.

18  On and after July 1, 2018, the Department of Healthcare

19 and Family Services shall provide dental services to any adult

20 who is otherwise eligible for assistance under the medical

21 assistance program. As used in this paragraph, "dental

22 services" means diagnostic, preventative, restorative, or

23 corrective procedures, including procedures and services for

24 the prevention and treatment of periodontal disease and dental

25 caries disease, provided by an individual who is licensed to

26 practice dentistry or dental surgery or who is under the
    SB2394 Enrolled     - 2211 - LRB104 09208 AMC 19265 b

1 supervision of a dentist in the practice of his or her

2 profession.

3   On and after July 1, 2018, targeted dental services, as

4 set forth in Exhibit D of the Consent Decree entered by the

5 United States District Court for the Northern District of

6 Illinois, Eastern Division, in the matter of Memisovski v.

7 Maram, Case No. 92 C 1982, that are provided to adults under

8 the medical assistance program shall be established at no less

9 than the rates set forth in the "New Rate" column in Exhibit D

10 of the Consent Decree for targeted dental services that are

11 provided to persons under the age of 18 under the medical

12 assistance program.

13  Subject to federal approval, on and after January 1, 2025,

14 the rates paid for sedation evaluation and the provision of

15 deep sedation and intravenous sedation for the purpose of

16 dental services shall be increased by 33% above the rates in

17 effect on December 31, 2024. The rates paid for nitrous oxide

18 sedation shall not be impacted by this paragraph and shall

19 remain the same as the rates in effect on December 31, 2024.

20  Notwithstanding any other provision of this Code and

21 subject to federal approval, the Department may adopt rules to

22 allow a dentist who is volunteering his or her service at no

23 cost to render dental services through an enrolled

24 not-for-profit health clinic without the dentist personally

25 enrolling as a participating provider in the medical

26 assistance program. A not-for-profit health clinic shall
    SB2394 Enrolled  - 2212 - LRB104 09208 AMC 19265 b

1 include a public health clinic or Federally Qualified Health

2 Center or other enrolled provider, as determined by the

3 Department, through which dental services covered under this

4 Section are performed. The Department shall establish a

5 process for payment of claims for reimbursement for covered

6 dental services rendered under this provision.

7   Subject to appropriation and to federal approval, the

8 Department shall file administrative rules updating the

9 Handicapping Labio-Lingual Deviation orthodontic scoring tool

10 by January 1, 2025, or as soon as practicable.

11  On and after January 1, 2022, the Department of Healthcare

12 and Family Services shall administer and regulate a

13 school-based dental program that allows for the out-of-office

14 delivery of preventative dental services in a school setting

15 to children under 19 years of age. The Department shall

16 establish, by rule, guidelines for participation by providers

17 and set requirements for follow-up referral care based on the

18 requirements established in the Dental Office Reference Manual

19 published by the Department that establishes the requirements

20 for dentists participating in the All Kids Dental School

21 Program. Every effort shall be made by the Department when

22 developing the program requirements to consider the different

23 geographic differences of both urban and rural areas of the

24 State for initial treatment and necessary follow-up care. No

25 provider shall be charged a fee by any unit of local government

26 to participate in the school-based dental program administered
    SB2394 Enrolled  - 2213 - LRB104 09208 AMC 19265 b

1 by the Department. Nothing in this paragraph shall be

2 construed to limit or preempt a home rule unit's or school

3 district's authority to establish, change, or administer a

4 school-based dental program in addition to, or independent of,

5 the school-based dental program administered by the

6 Department.

7   The Illinois Department, by rule, may distinguish and

8 classify the medical services to be provided only in

9 accordance with the classes of persons designated in Section

10 5-2.

11  The Department of Healthcare and Family Services must

12 provide coverage and reimbursement for amino acid-based

13 elemental formulas, regardless of delivery method, for the

14 diagnosis and treatment of (i) eosinophilic disorders and (ii)

15 short bowel syndrome when the prescribing physician has issued

16 a written order stating that the amino acid-based elemental

17 formula is medically necessary.

18  The Illinois Department shall authorize the provision of,

19 and shall authorize payment for, screening by low-dose

20 mammography for the presence of occult breast cancer for

21 individuals 35 years of age or older who are eligible for

22 medical assistance under this Article, as follows:

23       (A) A baseline mammogram for individuals 35 to 39

24  years of age.

25       (B) An annual mammogram for individuals 40 years of

26  age or older.
    SB2394 Enrolled          - 2214 - LRB104 09208 AMC 19265 b

1   (C) A mammogram at the age and intervals considered

2   medically necessary by the individual's health care

3   provider for individuals under 40 years of age and having

4   a family history of breast cancer, prior personal history

5   of breast cancer, positive genetic testing, or other risk

6   factors.

7   (D) A comprehensive ultrasound screening and MRI of an

8   entire breast or breasts if a mammogram demonstrates

9   heterogeneous or dense breast tissue or when medically

10  necessary as determined by a physician licensed to

11  practice medicine in all of its branches.

12  (E) A screening MRI when medically necessary, as

13  determined by a physician licensed to practice medicine in

14  all of its branches.

15  (F) A diagnostic mammogram when medically necessary,

16  as determined by a physician licensed to practice medicine

17  in all its branches, advanced practice registered nurse,

18  or physician assistant.

19  The Department shall not impose a deductible, coinsurance,

20 copayment, or any other cost-sharing requirement on the

21 coverage provided under this paragraph; except that this

22 sentence does not apply to coverage of diagnostic mammograms

23 to the extent such coverage would disqualify a high-deductible

24 health plan from eligibility for a health savings account

25 pursuant to Section 223 of the Internal Revenue Code (26

26 U.S.C. 223).
    SB2394 Enrolled        - 2215 - LRB104 09208 AMC 19265 b

1   All screenings shall include a physical breast exam,

2 instruction on self-examination and information regarding the

3 frequency of self-examination and its value as a preventative

4 tool.

5   For purposes of this Section:

6   "Diagnostic mammogram" means a mammogram obtained using

7 diagnostic mammography.

8   "Diagnostic mammography" means a method of screening that

9 is designed to evaluate an abnormality in a breast, including

10 an abnormality seen or suspected on a screening mammogram or a

11 subjective or objective abnormality otherwise detected in the

12 breast.

13  "Low-dose mammography" means the x-ray examination of the

14 breast using equipment dedicated specifically for mammography,

15 including the x-ray tube, filter, compression device, and

16 image receptor, with an average radiation exposure delivery of

17 less than one rad per breast for 2 views of an average size

18 breast. The term also includes digital mammography and

19 includes breast tomosynthesis.

20  "Breast tomosynthesis" means a radiologic procedure that

21 involves the acquisition of projection images over the

22 stationary breast to produce cross-sectional digital

23 three-dimensional images of the breast.

24  If, at any time, the Secretary of the United States

25 Department of Health and Human Services, or its successor

26 agency, promulgates rules or regulations to be published in
    SB2394 Enrolled       - 2216 - LRB104 09208 AMC 19265 b

1 the Federal Register or publishes a comment in the Federal

2 Register or issues an opinion, guidance, or other action that

3 would require the State, pursuant to any provision of the

4 Patient Protection and Affordable Care Act (Public Law

5 111-148), including, but not limited to, 42 U.S.C.

6 18031(d)(3)(B) or any successor provision, to defray the cost

7 of any coverage for breast tomosynthesis outlined in this

8 paragraph, then the requirement that an insurer cover breast

9 tomosynthesis is inoperative other than any such coverage

10 authorized under Section 1902 of the Social Security Act, 42

11 U.S.C. 1396a, and the State shall not assume any obligation

12 for the cost of coverage for breast tomosynthesis set forth in

13 this paragraph.

14  On and after January 1, 2016, the Department shall ensure

15 that all networks of care for adult clients of the Department

16 include access to at least one breast imaging Center of

17 Imaging Excellence as certified by the American College of

18 Radiology.

19  On and after January 1, 2012, providers participating in a

20 quality improvement program approved by the Department shall

21 be reimbursed for screening and diagnostic mammography at the

22 same rate as the Medicare program's rates, including the

23 increased reimbursement for digital mammography and, after

24 January 1, 2023 (the effective date of Public Act 102-1018),

25 breast tomosynthesis.

26  The Department shall convene an expert panel including
    SB2394 Enrolled  - 2217 - LRB104 09208 AMC 19265 b

1 representatives of hospitals, free-standing mammography

2 facilities, and doctors, including radiologists, to establish

3 quality standards for mammography.

4   On and after January 1, 2017, providers participating in a

5 breast cancer treatment quality improvement program approved

6 by the Department shall be reimbursed for breast cancer

7 treatment at a rate that is no lower than 95% of the Medicare

8 program's rates for the data elements included in the breast

9 cancer treatment quality program.

10  The Department shall convene an expert panel, including

11 representatives of hospitals, free-standing breast cancer

12 treatment centers, breast cancer quality organizations, and

13 doctors, including breast surgeons, reconstructive breast

14 surgeons, oncologists, and primary care providers to establish

15 quality standards for breast cancer treatment.

16  Subject to federal approval, the Department shall

17 establish a rate methodology for mammography at federally

18 qualified health centers and other encounter-rate clinics.

19 These clinics or centers may also collaborate with other

20 hospital-based mammography facilities. By January 1, 2016, the

21 Department shall report to the General Assembly on the status

22 of the provision set forth in this paragraph.

23  The Department shall establish a methodology to remind

24 individuals who are age-appropriate for screening mammography,

25 but who have not received a mammogram within the previous 18

26 months, of the importance and benefit of screening
    SB2394 Enrolled     - 2218 - LRB104 09208 AMC 19265 b

1 mammography. The Department shall work with experts in breast

2 cancer outreach and patient navigation to optimize these

3 reminders and shall establish a methodology for evaluating

4 their effectiveness and modifying the methodology based on the

5 evaluation.

6   The Department shall establish a performance goal for

7 primary care providers with respect to their female patients

8 over age 40 receiving an annual mammogram. This performance

9 goal shall be used to provide additional reimbursement in the

10 form of a quality performance bonus to primary care providers

11 who meet that goal.

12  The Department shall devise a means of case-managing or

13 patient navigation for beneficiaries diagnosed with breast

14 cancer. This program shall initially operate as a pilot

15 program in areas of the State with the highest incidence of

16 mortality related to breast cancer. At least one pilot program

17 site shall be in the metropolitan Chicago area and at least one

18 site shall be outside the metropolitan Chicago area. On or

19 after July 1, 2016, the pilot program shall be expanded to

20 include one site in western Illinois, one site in southern

21 Illinois, one site in central Illinois, and 4 sites within

22 metropolitan Chicago. An evaluation of the pilot program shall

23 be carried out measuring health outcomes and cost of care for

24 those served by the pilot program compared to similarly

25 situated patients who are not served by the pilot program.

26  The Department shall require all networks of care to
    SB2394 Enrolled            - 2219 - LRB104 09208 AMC 19265 b

1 develop a means either internally or by contract with experts

2 in navigation and community outreach to navigate cancer

3 patients to comprehensive care in a timely fashion. The

4 Department shall require all networks of care to include

5 access for patients diagnosed with cancer to at least one

6 academic commission on cancer-accredited cancer program as an

7 in-network covered benefit.

8   The Department shall provide coverage and reimbursement

9 for a human papillomavirus (HPV) vaccine that is approved for

10 marketing by the federal Food and Drug Administration for all

11 persons between the ages of 9 and 45. Subject to federal

12 approval, the Department shall provide coverage and

13 reimbursement for a human papillomavirus (HPV) vaccine for

14 persons of the age of 46 and above who have been diagnosed with

15 cervical dysplasia with a high risk of recurrence or

16 progression. The Department shall disallow any

17 preauthorization requirements for the administration of the

18 human papillomavirus (HPV) vaccine.

19  On or after July 1, 2022, individuals who are otherwise

20 eligible for medical assistance under this Article shall

21 receive coverage for perinatal depression screenings for the

22 12-month period beginning on the last day of their pregnancy.

23 Medical assistance coverage under this paragraph shall be

24 conditioned on the use of a screening instrument approved by

25 the Department.

26  Any medical or health care provider shall immediately
    SB2394 Enrolled    - 2220 - LRB104 09208 AMC 19265 b

1 recommend, to any pregnant individual who is being provided

2 prenatal services and is suspected of having a substance use

3 disorder as defined in the Substance Use Disorder Act,

4 referral to a local substance use disorder treatment program

5 licensed by the Department of Human Services or to a licensed

6 hospital which provides substance abuse treatment services.

7 The Department of Healthcare and Family Services shall assure

8 coverage for the cost of treatment of the drug abuse or

9 addiction for pregnant recipients in accordance with the

10 Illinois Medicaid Program in conjunction with the Department

11 of Human Services.

12  All medical providers providing medical assistance to

13 pregnant individuals under this Code shall receive information

14 from the Department on the availability of services under any

15 program providing case management services for addicted

16 individuals, including information on appropriate referrals

17 for other social services that may be needed by addicted

18 individuals in addition to treatment for addiction.

19  The Illinois Department, in cooperation with the

20 Departments of Human Services (as successor to the Department

21 of Alcoholism and Substance Abuse) and Public Health, through

22 a public awareness campaign, may provide information

23 concerning treatment for alcoholism and drug abuse and

24 addiction, prenatal health care, and other pertinent programs

25 directed at reducing the number of drug-affected infants born

26 to recipients of medical assistance.
    SB2394 Enrolled  - 2221 - LRB104 09208 AMC 19265 b

1   Neither the Department of Healthcare and Family Services

2 nor the Department of Human Services shall sanction the

3 recipient solely on the basis of the recipient's substance

4 abuse.

5   The Illinois Department shall establish such regulations

6 governing the dispensing of health services under this Article

7 as it shall deem appropriate. The Department should seek the

8 advice of formal professional advisory committees appointed by

9 the Director of the Illinois Department for the purpose of

10 providing regular advice on policy and administrative matters,

11 information dissemination and educational activities for

12 medical and health care providers, and consistency in

13 procedures to the Illinois Department.

14  The Illinois Department may develop and contract with

15 Partnerships of medical providers to arrange medical services

16 for persons eligible under Section 5-2 of this Code.

17 Implementation of this Section may be by demonstration

18 projects in certain geographic areas. The Partnership shall be

19 represented by a sponsor organization. The Department, by

20 rule, shall develop qualifications for sponsors of

21 Partnerships. Nothing in this Section shall be construed to

22 require that the sponsor organization be a medical

23 organization.

24  The sponsor must negotiate formal written contracts with

25 medical providers for physician services, inpatient and

26 outpatient hospital care, home health services, treatment for
    SB2394 Enrolled  - 2222 - LRB104 09208 AMC 19265 b

1 alcoholism and substance abuse, and other services determined

2 necessary by the Illinois Department by rule for delivery by

3 Partnerships. Physician services must include prenatal and

4 obstetrical care. The Illinois Department shall reimburse

5 medical services delivered by Partnership providers to clients

6 in target areas according to provisions of this Article and

7 the Illinois Health Finance Reform Act, except that:

8   (1) Physicians participating in a Partnership and

9   providing certain services, which shall be determined by

10  the Illinois Department, to persons in areas covered by

11  the Partnership may receive an additional surcharge for

12  such services.

13  (2) The Department may elect to consider and negotiate

14  financial incentives to encourage the development of

15  Partnerships and the efficient delivery of medical care.

16  (3) Persons receiving medical services through

17  Partnerships may receive medical and case management

18  services above the level usually offered through the

19  medical assistance program.

20  Medical providers shall be required to meet certain

21 qualifications to participate in Partnerships to ensure the

22 delivery of high quality medical services. These

23 qualifications shall be determined by rule of the Illinois

24 Department and may be higher than qualifications for

25 participation in the medical assistance program. Partnership

26 sponsors may prescribe reasonable additional qualifications
    SB2394 Enrolled    - 2223 - LRB104 09208 AMC 19265 b

1 for participation by medical providers, only with the prior

2 written approval of the Illinois Department.

3   Nothing in this Section shall limit the free choice of

4 practitioners, hospitals, and other providers of medical

5 services by clients. In order to ensure patient freedom of

6 choice, the Illinois Department shall immediately promulgate

7 all rules and take all other necessary actions so that

8 provided services may be accessed from therapeutically

9 certified optometrists to the full extent of the Illinois

10 Optometric Practice Act of 1987 without discriminating between

11 service providers.

12  The Department shall apply for a waiver from the United

13 States Health Care Financing Administration to allow for the

14 implementation of Partnerships under this Section.

15  The Illinois Department shall require health care

16 providers to maintain records that document the medical care

17 and services provided to recipients of Medical Assistance

18 under this Article. Such records must be retained for a period

19 of not less than 6 years from the date of service or as

20 provided by applicable State law, whichever period is longer,

21 except that if an audit is initiated within the required

22 retention period then the records must be retained until the

23 audit is completed and every exception is resolved. The

24 Illinois Department shall require health care providers to

25 make available, when authorized by the patient, in writing,

26 the medical records in a timely fashion to other health care
SB2394 Enrolled  - 2224 - LRB104 09208 AMC 19265 b

 1 providers who are treating or serving persons eligible for
 2 Medical Assistance under this Article. All dispensers of
 3 medical services shall be required to maintain and retain
 4 business and professional records sufficient to fully and
 5 accurately document the nature, scope, details and receipt of
 6 the health care provided to persons eligible for medical
 7 assistance under this Code, in accordance with regulations
 8 promulgated by the Illinois Department. The rules and
 9 regulations shall require that proof of the receipt of
10 prescription drugs, dentures, prosthetic devices and
11 eyeglasses by eligible persons under this Section accompany
12 each claim for reimbursement submitted by the dispenser of
13 such medical services. No such claims for reimbursement shall
14 be approved for payment by the Illinois Department without
15 such proof of receipt, unless the Illinois Department shall
16 have put into effect and shall be operating a system of
17 post-payment audit and review which shall, on a sampling
18 basis, be deemed adequate by the Illinois Department to assure
19 that such drugs, dentures, prosthetic devices and eyeglasses
20 for which payment is being made are actually being received by
21 eligible recipients. Within 90 days after September 16, 1984
22 (the effective date of Public Act 83-1439), the Illinois
23 Department shall establish a current list of acquisition costs
24 for all prosthetic devices and any other items recognized as
25 medical equipment and supplies reimbursable under this Article
26 and shall update such list on a quarterly basis, except that
    SB2394 Enrolled  - 2225 - LRB104 09208 AMC 19265 b

1 the acquisition costs of all prescription drugs shall be

2 updated no less frequently than every 30 days as required by

3 Section 5-5.12.

4   Notwithstanding any other law to the contrary, the

5 Illinois Department shall, within 365 days after July 22, 2013

6 (the effective date of Public Act 98-104), establish

7 procedures to permit skilled care facilities licensed under

8 the Nursing Home Care Act to submit monthly billing claims for

9 reimbursement purposes. Following development of these

10 procedures, the Department shall, by July 1, 2016, test the

11 viability of the new system and implement any necessary

12 operational or structural changes to its information

13 technology platforms in order to allow for the direct

14 acceptance and payment of nursing home claims.

15  Notwithstanding any other law to the contrary, the

16 Illinois Department shall, within 365 days after August 15,

17 2014 (the effective date of Public Act 98-963), establish

18 procedures to permit ID/DD facilities licensed under the ID/DD

19 Community Care Act and MC/DD facilities licensed under the

20 MC/DD Act to submit monthly billing claims for reimbursement

21 purposes. Following development of these procedures, the

22 Department shall have an additional 365 days to test the

23 viability of the new system and to ensure that any necessary

24 operational or structural changes to its information

25 technology platforms are implemented.

26  The Illinois Department shall require all dispensers of
    SB2394 Enrolled  - 2226 - LRB104 09208 AMC 19265 b

1 medical services, other than an individual practitioner or

2 group of practitioners, desiring to participate in the Medical

3 Assistance program established under this Article to disclose

4 all financial, beneficial, ownership, equity, surety or other

5 interests in any and all firms, corporations, partnerships,

6 associations, business enterprises, joint ventures, agencies,

7 institutions or other legal entities providing any form of

8 health care services in this State under this Article.

9   The Illinois Department may require that all dispensers of

10 medical services desiring to participate in the medical

11 assistance program established under this Article disclose,

12 under such terms and conditions as the Illinois Department may

13 by rule establish, all inquiries from clients and attorneys

14 regarding medical bills paid by the Illinois Department, which

15 inquiries could indicate potential existence of claims or

16 liens for the Illinois Department.

17  Enrollment of a vendor shall be subject to a provisional

18 period and shall be conditional for one year. During the

19 period of conditional enrollment, the Department may terminate

20 the vendor's eligibility to participate in, or may disenroll

21 the vendor from, the medical assistance program without cause.

22 Unless otherwise specified, such termination of eligibility or

23 disenrollment is not subject to the Department's hearing

24 process. However, a disenrolled vendor may reapply without

25 penalty.

26  The Department has the discretion to limit the conditional
    SB2394 Enrolled  - 2227 - LRB104 09208 AMC 19265 b

1 enrollment period for vendors based upon the category of risk

2 of the vendor.

3   Prior to enrollment and during the conditional enrollment

4 period in the medical assistance program, all vendors shall be

5 subject to enhanced oversight, screening, and review based on

6 the risk of fraud, waste, and abuse that is posed by the

7 category of risk of the vendor. The Illinois Department shall

8 establish the procedures for oversight, screening, and review,

9 which may include, but need not be limited to: criminal and

10 financial background checks; fingerprinting; license,

11 certification, and authorization verifications; unscheduled or

12 unannounced site visits; database checks; prepayment audit

13 reviews; audits; payment caps; payment suspensions; and other

14 screening as required by federal or State law.

15  The Department shall define or specify the following: (i)

16 by provider notice, the "category of risk of the vendor" for

17 each type of vendor, which shall take into account the level of

18 screening applicable to a particular category of vendor under

19 federal law and regulations; (ii) by rule or provider notice,

20 the maximum length of the conditional enrollment period for

21 each category of risk of the vendor; and (iii) by rule, the

22 hearing rights, if any, afforded to a vendor in each category

23 of risk of the vendor that is terminated or disenrolled during

24 the conditional enrollment period.

25  To be eligible for payment consideration, a vendor's

26 payment claim or bill, either as an initial claim or as a
    SB2394 Enrolled       - 2228 - LRB104 09208 AMC 19265 b

1 resubmitted claim following prior rejection, must be received

2 by the Illinois Department, or its fiscal intermediary, no

3 later than 180 days after the latest date on the claim on which

4 medical goods or services were provided, with the following

5 exceptions:

6   (1) In the case of a provider whose enrollment is in

7   process by the Illinois Department, the 180-day period

8   shall not begin until the date on the written notice from

9   the Illinois Department that the provider enrollment is

10  complete.

11  (2) In the case of errors attributable to the Illinois

12  Department or any of its claims processing intermediaries

13  which result in an inability to receive, process, or

14  adjudicate a claim, the 180-day period shall not begin

15  until the provider has been notified of the error.

16  (3) In the case of a provider for whom the Illinois

17  Department initiates the monthly billing process.

18  (4) In the case of a provider operated by a unit of

19  local government with a population exceeding 3,000,000

20  when local government funds finance federal participation

21  for claims payments.

22  For claims for services rendered during a period for which

23 a recipient received retroactive eligibility, claims must be

24 filed within 180 days after the Department determines the

25 applicant is eligible. For claims for which the Illinois

26 Department is not the primary payer, claims must be submitted
    SB2394 Enrolled  - 2229 - LRB104 09208 AMC 19265 b

1 to the Illinois Department within 180 days after the final

2 adjudication by the primary payer.

3   In the case of long term care facilities, within 120

4 calendar days of receipt by the facility of required

5 prescreening information, new admissions with associated

6 admission documents shall be submitted through the Medical

7 Electronic Data Interchange (MEDI) or the Recipient

8 Eligibility Verification (REV) System or shall be submitted

9 directly to the Department of Human Services using required

10 admission forms. Effective September 1, 2014, admission

11 documents, including all prescreening information, must be

12 submitted through MEDI or REV. Confirmation numbers assigned

13 to an accepted transaction shall be retained by a facility to

14 verify timely submittal. Once an admission transaction has

15 been completed, all resubmitted claims following prior

16 rejection are subject to receipt no later than 180 days after

17 the admission transaction has been completed.

18  Claims that are not submitted and received in compliance

19 with the foregoing requirements shall not be eligible for

20 payment under the medical assistance program, and the State

21 shall have no liability for payment of those claims.

22  To the extent consistent with applicable information and

23 privacy, security, and disclosure laws, State and federal

24 agencies and departments shall provide the Illinois Department

25 access to confidential and other information and data

26 necessary to perform eligibility and payment verifications and
    SB2394 Enrolled          - 2230 - LRB104 09208 AMC 19265 b

1 other Illinois Department functions. This includes, but is not

2 limited to: information pertaining to licensure;

3 certification; earnings; immigration status; citizenship; wage

4 reporting; unearned and earned income; pension income;

5 employment; supplemental security income; social security

6 numbers; National Provider Identifier (NPI) numbers; the

7 National Practitioner Data Bank (NPDB); program and agency

8 exclusions; taxpayer identification numbers; tax delinquency;

9 corporate information; and death records.

10  The Illinois Department shall enter into agreements with

11 State agencies and departments, and is authorized to enter

12 into agreements with federal agencies and departments, under

13 which such agencies and departments shall share data necessary

14 for medical assistance program integrity functions and

15 oversight. The Illinois Department shall develop, in

16 cooperation with other State departments and agencies, and in

17 compliance with applicable federal laws and regulations,

18 appropriate and effective methods to share such data. At a

19 minimum, and to the extent necessary to provide data sharing,

20 the Illinois Department shall enter into agreements with State

21 agencies and departments, and is authorized to enter into

22 agreements with federal agencies and departments, including,

23 but not limited to: the Secretary of State; the Department of

24 Revenue; the Department of Public Health; the Department of

25 Human Services; and the Department of Financial and

26 Professional Regulation.
    SB2394 Enrolled  - 2231 - LRB104 09208 AMC 19265 b

1   Beginning in fiscal year 2013, the Illinois Department

2 shall set forth a request for information to identify the

3 benefits of a pre-payment, post-adjudication, and post-edit

4 claims system with the goals of streamlining claims processing

5 and provider reimbursement, reducing the number of pending or

6 rejected claims, and helping to ensure a more transparent

7 adjudication process through the utilization of: (i) provider

8 data verification and provider screening technology; and (ii)

9 clinical code editing; and (iii) pre-pay, pre-adjudicated, or

10 post-adjudicated predictive modeling with an integrated case

11 management system with link analysis. Such a request for

12 information shall not be considered as a request for proposal

13 or as an obligation on the part of the Illinois Department to

14 take any action or acquire any products or services.

15  The Illinois Department shall establish policies,

16 procedures, standards and criteria by rule for the

17 acquisition, repair and replacement of orthotic and prosthetic

18 devices and durable medical equipment. Such rules shall

19 provide, but not be limited to, the following services: (1)

20 immediate repair or replacement of such devices by recipients;

21 and (2) rental, lease, purchase or lease-purchase of durable

22 medical equipment in a cost-effective manner, taking into

23 consideration the recipient's medical prognosis, the extent of

24 the recipient's needs, and the requirements and costs for

25 maintaining such equipment. Subject to prior approval, such

26 rules shall enable a recipient to temporarily acquire and use
    SB2394 Enrolled  - 2232 - LRB104 09208 AMC 19265 b

1 alternative or substitute devices or equipment pending repairs

2 or replacements of any device or equipment previously

3 authorized for such recipient by the Department.

4 Notwithstanding any provision of Section 5-5f to the contrary,

5 the Department may, by rule, exempt certain replacement

6 wheelchair parts from prior approval and, for wheelchairs,

7 wheelchair parts, wheelchair accessories, and related seating

8 and positioning items, determine the wholesale price by

9 methods other than actual acquisition costs.

10  The Department shall require, by rule, all providers of

11 durable medical equipment to be accredited by an accreditation

12 organization approved by the federal Centers for Medicare and

13 Medicaid Services and recognized by the Department in order to

14 bill the Department for providing durable medical equipment to

15 recipients. No later than 15 months after the effective date

16 of the rule adopted pursuant to this paragraph, all providers

17 must meet the accreditation requirement.

18  In order to promote environmental responsibility, meet the

19 needs of recipients and enrollees, and achieve significant

20 cost savings, the Department, or a managed care organization

21 under contract with the Department, may provide recipients or

22 managed care enrollees who have a prescription or Certificate

23 of Medical Necessity access to refurbished durable medical

24 equipment under this Section (excluding prosthetic and

25 orthotic devices as defined in the Orthotics, Prosthetics, and

26 Pedorthics Practice Act and complex rehabilitation technology
    SB2394 Enrolled  - 2233 - LRB104 09208 AMC 19265 b

1 products and associated services) through the State's

2 assistive technology program's reutilization program, using

3 staff with the Assistive Technology Professional (ATP)

4 Certification if the refurbished durable medical equipment:

5 (i) is available; (ii) is less expensive, including shipping

6 costs, than new durable medical equipment of the same type;

7 (iii) is able to withstand at least 3 years of use; (iv) is

8 cleaned, disinfected, sterilized, and safe in accordance with

9 federal Food and Drug Administration regulations and guidance

10 governing the reprocessing of medical devices in health care

11 settings; and (v) equally meets the needs of the recipient or

12 enrollee. The reutilization program shall confirm that the

13 recipient or enrollee is not already in receipt of the same or

14 similar equipment from another service provider, and that the

15 refurbished durable medical equipment equally meets the needs

16 of the recipient or enrollee. Nothing in this paragraph shall

17 be construed to limit recipient or enrollee choice to obtain

18 new durable medical equipment or place any additional prior

19 authorization conditions on enrollees of managed care

20 organizations.

21  The Department shall execute, relative to the nursing home

22 prescreening project, written inter-agency agreements with the

23 Department of Human Services and the Department on Aging, to

24 effect the following: (i) intake procedures and common

25 eligibility criteria for those persons who are receiving

26 non-institutional services; and (ii) the establishment and
    SB2394 Enrolled            - 2234 - LRB104 09208 AMC 19265 b

1 development of non-institutional services in areas of the

2 State where they are not currently available or are

3 undeveloped; and (iii) notwithstanding any other provision of

4 law, subject to federal approval, on and after July 1, 2012, an

5 increase in the determination of need (DON) scores from 29 to

6 37 for applicants for institutional and home and

7 community-based long term care; if and only if federal

8 approval is not granted, the Department may, in conjunction

9 with other affected agencies, implement utilization controls

10 or changes in benefit packages to effectuate a similar savings

11 amount for this population; and (iv) no later than July 1,

12 2013, minimum level of care eligibility criteria for

13 institutional and home and community-based long term care; and

14 (v) no later than October 1, 2013, establish procedures to

15 permit long term care providers access to eligibility scores

16 for individuals with an admission date who are seeking or

17 receiving services from the long term care provider. In order

18 to select the minimum level of care eligibility criteria, the

19 Governor shall establish a workgroup that includes affected

20 agency representatives and stakeholders representing the

21 institutional and home and community-based long term care

22 interests. This Section shall not restrict the Department from

23 implementing lower level of care eligibility criteria for

24 community-based services in circumstances where federal

25 approval has been granted.

26  The Illinois Department shall develop and operate, in
    SB2394 Enrolled       - 2235 - LRB104 09208 AMC 19265 b

1 cooperation with other State Departments and agencies and in

2 compliance with applicable federal laws and regulations,

3 appropriate and effective systems of health care evaluation

4 and programs for monitoring of utilization of health care

5 services and facilities, as it affects persons eligible for

6 medical assistance under this Code.

7   The Illinois Department shall report annually to the

8 General Assembly, no later than the second Friday in April of

9 1979 and each year thereafter, in regard to:

10  (a) actual statistics and trends in utilization of

11  medical services by public aid recipients;

12  (b) actual statistics and trends in the provision of

13  the various medical services by medical vendors;

14  (c) current rate structures and proposed changes in

15  those rate structures for the various medical vendors; and

16  (d) efforts at utilization review and control by the

17  Illinois Department.

18  The period covered by each report shall be the 3 years

19 ending on the June 30 prior to the report. The report shall

20 include suggested legislation for consideration by the General

21 Assembly. The requirement for reporting to the General

22 Assembly shall be satisfied by filing copies of the report as

23 required by Section 3.1 of the General Assembly Organization

24 Act, and filing such additional copies with the State

25 Government Report Distribution Center for the General Assembly

26 as is required under paragraph (t) of Section 7 of the State
    SB2394 Enrolled    - 2236 - LRB104 09208 AMC 19265 b

1 Library Act.

2   Rulemaking authority to implement Public Act 95-1045, if

3 any, is conditioned on the rules being adopted in accordance

4 with all provisions of the Illinois Administrative Procedure

5 Act and all rules and procedures of the Joint Committee on

6 Administrative Rules; any purported rule not so adopted, for

7 whatever reason, is unauthorized.

8   On and after July 1, 2012, the Department shall reduce any

9 rate of reimbursement for services or other payments or alter

10 any methodologies authorized by this Code to reduce any rate

11 of reimbursement for services or other payments in accordance

12 with Section 5-5e.

13  Because kidney transplantation can be an appropriate,

14 cost-effective alternative to renal dialysis when medically

15 necessary and notwithstanding the provisions of Section 1-11

16 of this Code, beginning October 1, 2014, the Department shall

17 cover kidney transplantation for noncitizens with end-stage

18 renal disease who are not eligible for comprehensive medical

19 benefits, who meet the residency requirements of Section 5-3

20 of this Code, and who would otherwise meet the financial

21 requirements of the appropriate class of eligible persons

22 under Section 5-2 of this Code. To qualify for coverage of

23 kidney transplantation, such person must be receiving

24 emergency renal dialysis services covered by the Department.

25 Providers under this Section shall be prior approved and

26 certified by the Department to perform kidney transplantation
    SB2394 Enrolled        - 2237 - LRB104 09208 AMC 19265 b

1 and the services under this Section shall be limited to

2 services associated with kidney transplantation.

3   Notwithstanding any other provision of this Code to the

4 contrary, on or after July 1, 2015, all FDA-approved FDA

5 approved forms of medication assisted treatment prescribed for

6 the treatment of alcohol dependence or treatment of opioid

7 dependence shall be covered under both fee-for-service and

8 managed care medical assistance programs for persons who are

9 otherwise eligible for medical assistance under this Article

10 and shall not be subject to any (1) utilization control, other

11 than those established under the American Society of Addiction

12 Medicine patient placement criteria, (2) prior authorization

13 mandate, (3) lifetime restriction limit mandate, or (4)

14 limitations on dosage.

15  On or after July 1, 2015, opioid antagonists prescribed

16 for the treatment of an opioid overdose, including the

17 medication product, administration devices, and any pharmacy

18 fees or hospital fees related to the dispensing, distribution,

19 and administration of the opioid antagonist, shall be covered

20 under the medical assistance program for persons who are

21 otherwise eligible for medical assistance under this Article.

22 As used in this Section, "opioid antagonist" means a drug that

23 binds to opioid receptors and blocks or inhibits the effect of

24 opioids acting on those receptors, including, but not limited

25 to, naloxone hydrochloride or any other similarly acting drug

26 approved by the U.S. Food and Drug Administration. The
    SB2394 Enrolled        - 2238 - LRB104 09208 AMC 19265 b

1 Department shall not impose a copayment on the coverage

2 provided for naloxone hydrochloride under the medical

3 assistance program.

4   Upon federal approval, the Department shall provide

5 coverage and reimbursement for all drugs that are approved for

6 marketing by the federal Food and Drug Administration and that

7 are recommended by the federal Public Health Service or the

8 United States Centers for Disease Control and Prevention for

9 pre-exposure prophylaxis and related pre-exposure prophylaxis

10 services, including, but not limited to, HIV and sexually

11 transmitted infection screening, treatment for sexually

12 transmitted infections, medical monitoring, assorted labs, and

13 counseling to reduce the likelihood of HIV infection among

14 individuals who are not infected with HIV but who are at high

15 risk of HIV infection.

16  A federally qualified health center, as defined in Section

17 1905(l)(2)(B) of the federal Social Security Act, shall be

18 reimbursed by the Department in accordance with the federally

19 qualified health center's encounter rate for services provided

20 to medical assistance recipients that are performed by a

21 dental hygienist, as defined under the Illinois Dental

22 Practice Act, working under the general supervision of a

23 dentist and employed by a federally qualified health center.

24  Within 90 days after October 8, 2021 (the effective date

25 of Public Act 102-665), the Department shall seek federal

26 approval of a State Plan amendment to expand coverage for
    SB2394 Enrolled      - 2239 - LRB104 09208 AMC 19265 b

1 family planning services that includes presumptive eligibility

2 to individuals whose income is at or below 208% of the federal

3 poverty level. Coverage under this Section shall be effective

4 beginning no later than December 1, 2022.

5   Subject to approval by the federal Centers for Medicare

6 and Medicaid Services of a Title XIX State Plan amendment

7 electing the Program of All-Inclusive Care for the Elderly

8 (PACE) as a State Medicaid option, as provided for by Subtitle

9 I (commencing with Section 4801) of Title IV of the Balanced

10 Budget Act of 1997 (Public Law 105-33) and Part 460

11 (commencing with Section 460.2) of Subchapter E of Title 42 of

12 the Code of Federal Regulations, PACE program services shall

13 become a covered benefit of the medical assistance program,

14 subject to criteria established in accordance with all

15 applicable laws.

16  Notwithstanding any other provision of this Code,

17 community-based pediatric palliative care from a trained

18 interdisciplinary team shall be covered under the medical

19 assistance program as provided in Section 15 of the Pediatric

20 Palliative Care Act.

21  Notwithstanding any other provision of this Code, within

22 12 months after June 2, 2022 (the effective date of Public Act

23 102-1037) and subject to federal approval, acupuncture

24 services performed by an acupuncturist licensed under the

25 Acupuncture Practice Act who is acting within the scope of his

26 or her license shall be covered under the medical assistance
    SB2394 Enrolled  - 2240 - LRB104 09208 AMC 19265 b

1 program. The Department shall apply for any federal waiver or

2 State Plan amendment, if required, to implement this

3 paragraph. The Department may adopt any rules, including

4 standards and criteria, necessary to implement this paragraph.

5   Notwithstanding any other provision of this Code, the

6 medical assistance program shall, subject to federal approval,

7 reimburse hospitals for costs associated with a newborn

8 screening test for the presence of metachromatic

9 leukodystrophy, as required under the Newborn Metabolic

10 Screening Act, at a rate not less than the fee charged by the

11 Department of Public Health. Notwithstanding any other

12 provision of this Code, the medical assistance program shall,

13 subject to appropriation and federal approval, also reimburse

14 hospitals for costs associated with all newborn screening

15 tests added on and after August 9, 2024 (the effective date of

16 Public Act 103-909) this amendatory Act of the 103rd General

17 Assembly to the Newborn Metabolic Screening Act and required

18 to be performed under that Act at a rate not less than the fee

19 charged by the Department of Public Health. The Department

20 shall seek federal approval before the implementation of the

21 newborn screening test fees by the Department of Public

22 Health.

23  Notwithstanding any other provision of this Code,

24 beginning on January 1, 2024, subject to federal approval,

25 cognitive assessment and care planning services provided to a

26 person who experiences signs or symptoms of cognitive
   SB2394 Enrolled  - 2241 - LRB104 09208 AMC 19265 b

1 impairment, as defined by the Diagnostic and Statistical

2 Manual of Mental Disorders, Fifth Edition, shall be covered

3 under the medical assistance program for persons who are

4 otherwise eligible for medical assistance under this Article.

5  Notwithstanding any other provision of this Code,

6 medically necessary reconstructive services that are intended

7 to restore physical appearance shall be covered under the

8 medical assistance program for persons who are otherwise

9 eligible for medical assistance under this Article. As used in

10 this paragraph, "reconstructive services" means treatments

11 performed on structures of the body damaged by trauma to

12 restore physical appearance.

13 (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;

14 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article

15 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,

16 eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;

17 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.

18 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;

19 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.

20 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;

21 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.

22 1-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593,

23 Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24;

24 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; revised

25 10-10-24.)
   SB2394 Enrolled  - 2242 - LRB104 09208 AMC 19265 b

1  (Text of Section after amendment by P.A. 103-808)

2  Sec. 5-5. Medical services. The Illinois Department, by

3 rule, shall determine the quantity and quality of and the rate

4 of reimbursement for the medical assistance for which payment

5 will be authorized, and the medical services to be provided,

6 which may include all or part of the following: (1) inpatient

7 hospital services; (2) outpatient hospital services; (3) other

8 laboratory and X-ray services; (4) skilled nursing home

9 services; (5) physicians' services whether furnished in the

10 office, the patient's home, a hospital, a skilled nursing

11 home, or elsewhere; (6) medical care, or any other type of

12 remedial care furnished by licensed practitioners; (7) home

13 health care services; (8) private duty nursing service; (9)

14 clinic services; (10) dental services, including prevention

15 and treatment of periodontal disease and dental caries disease

16 for pregnant individuals, provided by an individual licensed

17 to practice dentistry or dental surgery; for purposes of this

18 item (10), "dental services" means diagnostic, preventive, or

19 corrective procedures provided by or under the supervision of

20 a dentist in the practice of his or her profession; (11)

21 physical therapy and related services; (12) prescribed drugs,

22 dentures, and prosthetic devices; and eyeglasses prescribed by

23 a physician skilled in the diseases of the eye, or by an

24 optometrist, whichever the person may select; (13) other

25 diagnostic, screening, preventive, and rehabilitative

26 services, including to ensure that the individual's need for
    SB2394 Enrolled  - 2243 - LRB104 09208 AMC 19265 b

1 intervention or treatment of mental disorders or substance use

2 disorders or co-occurring mental health and substance use

3 disorders is determined using a uniform screening, assessment,

4 and evaluation process inclusive of criteria, for children and

5 adults; for purposes of this item (13), a uniform screening,

6 assessment, and evaluation process refers to a process that

7 includes an appropriate evaluation and, as warranted, a

8 referral; "uniform" does not mean the use of a singular

9 instrument, tool, or process that all must utilize; (14)

10 transportation and such other expenses as may be necessary;

11 (15) medical treatment of sexual assault survivors, as defined

12 in Section 1a of the Sexual Assault Survivors Emergency

13 Treatment Act, for injuries sustained as a result of the

14 sexual assault, including examinations and laboratory tests to

15 discover evidence which may be used in criminal proceedings

16 arising from the sexual assault; (16) the diagnosis and

17 treatment of sickle cell anemia; (16.5) services performed by

18 a chiropractic physician licensed under the Medical Practice

19 Act of 1987 and acting within the scope of his or her license,

20 including, but not limited to, chiropractic manipulative

21 treatment; and (17) any other medical care, and any other type

22 of remedial care recognized under the laws of this State. The

23 term "any other type of remedial care" shall include nursing

24 care and nursing home service for persons who rely on

25 treatment by spiritual means alone through prayer for healing.

26  Notwithstanding any other provision of this Section, a
    SB2394 Enrolled     - 2244 - LRB104 09208 AMC 19265 b

1 comprehensive tobacco use cessation program that includes

2 purchasing prescription drugs or prescription medical devices

3 approved by the Food and Drug Administration shall be covered

4 under the medical assistance program under this Article for

5 persons who are otherwise eligible for assistance under this

6 Article.

7   Notwithstanding any other provision of this Code,

8 reproductive health care that is otherwise legal in Illinois

9 shall be covered under the medical assistance program for

10 persons who are otherwise eligible for medical assistance

11 under this Article.

12  Notwithstanding any other provision of this Section, all

13 tobacco cessation medications approved by the United States

14 Food and Drug Administration and all individual and group

15 tobacco cessation counseling services and telephone-based

16 counseling services and tobacco cessation medications provided

17 through the Illinois Tobacco Quitline shall be covered under

18 the medical assistance program for persons who are otherwise

19 eligible for assistance under this Article. The Department

20 shall comply with all federal requirements necessary to obtain

21 federal financial participation, as specified in 42 CFR

22 433.15(b)(7), for telephone-based counseling services provided

23 through the Illinois Tobacco Quitline, including, but not

24 limited to: (i) entering into a memorandum of understanding or

25 interagency agreement with the Department of Public Health, as

26 administrator of the Illinois Tobacco Quitline; and (ii)
    SB2394 Enrolled  - 2245 - LRB104 09208 AMC 19265 b

1 developing a cost allocation plan for Medicaid-allowable

2 Illinois Tobacco Quitline services in accordance with 45 CFR

3 95.507. The Department shall submit the memorandum of

4 understanding or interagency agreement, the cost allocation

5 plan, and all other necessary documentation to the Centers for

6 Medicare and Medicaid Services for review and approval.

7 Coverage under this paragraph shall be contingent upon federal

8 approval.

9   Notwithstanding any other provision of this Code, the

10 Illinois Department may not require, as a condition of payment

11 for any laboratory test authorized under this Article, that a

12 physician's handwritten signature appear on the laboratory

13 test order form. The Illinois Department may, however, impose

14 other appropriate requirements regarding laboratory test order

15 documentation.

16  Upon receipt of federal approval of an amendment to the

17 Illinois Title XIX State Plan for this purpose, the Department

18 shall authorize the Chicago Public Schools (CPS) to procure a

19 vendor or vendors to manufacture eyeglasses for individuals

20 enrolled in a school within the CPS system. CPS shall ensure

21 that its vendor or vendors are enrolled as providers in the

22 medical assistance program and in any capitated Medicaid

23 managed care entity (MCE) serving individuals enrolled in a

24 school within the CPS system. Under any contract procured

25 under this provision, the vendor or vendors must serve only

26 individuals enrolled in a school within the CPS system. Claims
    SB2394 Enrolled         - 2246 - LRB104 09208 AMC 19265 b

1 for services provided by CPS's vendor or vendors to recipients

2 of benefits in the medical assistance program under this Code,

3 the Children's Health Insurance Program, or the Covering ALL

4 KIDS Health Insurance Program shall be submitted to the

5 Department or the MCE in which the individual is enrolled for

6 payment and shall be reimbursed at the Department's or the

7 MCE's established rates or rate methodologies for eyeglasses.

8   On and after July 1, 2012, the Department of Healthcare

9 and Family Services may provide the following services to

10 persons eligible for assistance under this Article who are

11 participating in education, training or employment programs

12 operated by the Department of Human Services as successor to

13 the Department of Public Aid:

14  (1) dental services provided by or under the

15  supervision of a dentist; and

16  (2) eyeglasses prescribed by a physician skilled in

17  the diseases of the eye, or by an optometrist, whichever

18  the person may select.

19  On and after July 1, 2018, the Department of Healthcare

20 and Family Services shall provide dental services to any adult

21 who is otherwise eligible for assistance under the medical

22 assistance program. As used in this paragraph, "dental

23 services" means diagnostic, preventative, restorative, or

24 corrective procedures, including procedures and services for

25 the prevention and treatment of periodontal disease and dental

26 caries disease, provided by an individual who is licensed to
    SB2394 Enrolled     - 2247 - LRB104 09208 AMC 19265 b

1 practice dentistry or dental surgery or who is under the

2 supervision of a dentist in the practice of his or her

3 profession.

4   On and after July 1, 2018, targeted dental services, as

5 set forth in Exhibit D of the Consent Decree entered by the

6 United States District Court for the Northern District of

7 Illinois, Eastern Division, in the matter of Memisovski v.

8 Maram, Case No. 92 C 1982, that are provided to adults under

9 the medical assistance program shall be established at no less

10 than the rates set forth in the "New Rate" column in Exhibit D

11 of the Consent Decree for targeted dental services that are

12 provided to persons under the age of 18 under the medical

13 assistance program.

14  Subject to federal approval, on and after January 1, 2025,

15 the rates paid for sedation evaluation and the provision of

16 deep sedation and intravenous sedation for the purpose of

17 dental services shall be increased by 33% above the rates in

18 effect on December 31, 2024. The rates paid for nitrous oxide

19 sedation shall not be impacted by this paragraph and shall

20 remain the same as the rates in effect on December 31, 2024.

21  Notwithstanding any other provision of this Code and

22 subject to federal approval, the Department may adopt rules to

23 allow a dentist who is volunteering his or her service at no

24 cost to render dental services through an enrolled

25 not-for-profit health clinic without the dentist personally

26 enrolling as a participating provider in the medical
    SB2394 Enrolled  - 2248 - LRB104 09208 AMC 19265 b

1 assistance program. A not-for-profit health clinic shall

2 include a public health clinic or Federally Qualified Health

3 Center or other enrolled provider, as determined by the

4 Department, through which dental services covered under this

5 Section are performed. The Department shall establish a

6 process for payment of claims for reimbursement for covered

7 dental services rendered under this provision.

8   Subject to appropriation and to federal approval, the

9 Department shall file administrative rules updating the

10 Handicapping Labio-Lingual Deviation orthodontic scoring tool

11 by January 1, 2025, or as soon as practicable.

12  On and after January 1, 2022, the Department of Healthcare

13 and Family Services shall administer and regulate a

14 school-based dental program that allows for the out-of-office

15 delivery of preventative dental services in a school setting

16 to children under 19 years of age. The Department shall

17 establish, by rule, guidelines for participation by providers

18 and set requirements for follow-up referral care based on the

19 requirements established in the Dental Office Reference Manual

20 published by the Department that establishes the requirements

21 for dentists participating in the All Kids Dental School

22 Program. Every effort shall be made by the Department when

23 developing the program requirements to consider the different

24 geographic differences of both urban and rural areas of the

25 State for initial treatment and necessary follow-up care. No

26 provider shall be charged a fee by any unit of local government
    SB2394 Enrolled  - 2249 - LRB104 09208 AMC 19265 b

1 to participate in the school-based dental program administered

2 by the Department. Nothing in this paragraph shall be

3 construed to limit or preempt a home rule unit's or school

4 district's authority to establish, change, or administer a

5 school-based dental program in addition to, or independent of,

6 the school-based dental program administered by the

7 Department.

8   The Illinois Department, by rule, may distinguish and

9 classify the medical services to be provided only in

10 accordance with the classes of persons designated in Section

11 5-2.

12  The Department of Healthcare and Family Services must

13 provide coverage and reimbursement for amino acid-based

14 elemental formulas, regardless of delivery method, for the

15 diagnosis and treatment of (i) eosinophilic disorders and (ii)

16 short bowel syndrome when the prescribing physician has issued

17 a written order stating that the amino acid-based elemental

18 formula is medically necessary.

19  The Illinois Department shall authorize the provision of,

20 and shall authorize payment for, screening by low-dose

21 mammography for the presence of occult breast cancer for

22 individuals 35 years of age or older who are eligible for

23 medical assistance under this Article, as follows:

24       (A) A baseline mammogram for individuals 35 to 39

25  years of age.

26       (B) An annual mammogram for individuals 40 years of
    SB2394 Enrolled          - 2250 - LRB104 09208 AMC 19265 b

1   age or older.

2   (C) A mammogram at the age and intervals considered

3   medically necessary by the individual's health care

4   provider for individuals under 40 years of age and having

5   a family history of breast cancer, prior personal history

6   of breast cancer, positive genetic testing, or other risk

7   factors.

8   (D) A comprehensive ultrasound screening and MRI of an

9   entire breast or breasts if a mammogram demonstrates

10  heterogeneous or dense breast tissue or when medically

11  necessary as determined by a physician licensed to

12  practice medicine in all of its branches.

13  (E) A screening MRI when medically necessary, as

14  determined by a physician licensed to practice medicine in

15  all of its branches.

16  (F) A diagnostic mammogram when medically necessary,

17  as determined by a physician licensed to practice medicine

18  in all its branches, advanced practice registered nurse,

19  or physician assistant.

20  (G) Molecular breast imaging (MBI) and MRI of an

21  entire breast or breasts if a mammogram demonstrates

22  heterogeneous or dense breast tissue or when medically

23  necessary as determined by a physician licensed to

24  practice medicine in all of its branches, advanced

25  practice registered nurse, or physician assistant.

26  The Department shall not impose a deductible, coinsurance,
    SB2394 Enrolled         - 2251 - LRB104 09208 AMC 19265 b

1 copayment, or any other cost-sharing requirement on the

2 coverage provided under this paragraph; except that this

3 sentence does not apply to coverage of diagnostic mammograms

4 to the extent such coverage would disqualify a high-deductible

5 health plan from eligibility for a health savings account

6 pursuant to Section 223 of the Internal Revenue Code (26

7 U.S.C. 223).

8   All screenings shall include a physical breast exam,

9 instruction on self-examination and information regarding the

10 frequency of self-examination and its value as a preventative

11 tool.

12  For purposes of this Section:

13  "Diagnostic mammogram" means a mammogram obtained using

14 diagnostic mammography.

15  "Diagnostic mammography" means a method of screening that

16 is designed to evaluate an abnormality in a breast, including

17 an abnormality seen or suspected on a screening mammogram or a

18 subjective or objective abnormality otherwise detected in the

19 breast.

20  "Low-dose mammography" means the x-ray examination of the

21 breast using equipment dedicated specifically for mammography,

22 including the x-ray tube, filter, compression device, and

23 image receptor, with an average radiation exposure delivery of

24 less than one rad per breast for 2 views of an average size

25 breast. The term also includes digital mammography and

26 includes breast tomosynthesis.
    SB2394 Enrolled  - 2252 - LRB104 09208 AMC 19265 b

1   "Breast tomosynthesis" means a radiologic procedure that

2 involves the acquisition of projection images over the

3 stationary breast to produce cross-sectional digital

4 three-dimensional images of the breast.

5   If, at any time, the Secretary of the United States

6 Department of Health and Human Services, or its successor

7 agency, promulgates rules or regulations to be published in

8 the Federal Register or publishes a comment in the Federal

9 Register or issues an opinion, guidance, or other action that

10 would require the State, pursuant to any provision of the

11 Patient Protection and Affordable Care Act (Public Law

12 111-148), including, but not limited to, 42 U.S.C.

13 18031(d)(3)(B) or any successor provision, to defray the cost

14 of any coverage for breast tomosynthesis outlined in this

15 paragraph, then the requirement that an insurer cover breast

16 tomosynthesis is inoperative other than any such coverage

17 authorized under Section 1902 of the Social Security Act, 42

18 U.S.C. 1396a, and the State shall not assume any obligation

19 for the cost of coverage for breast tomosynthesis set forth in

20 this paragraph.

21  On and after January 1, 2016, the Department shall ensure

22 that all networks of care for adult clients of the Department

23 include access to at least one breast imaging Center of

24 Imaging Excellence as certified by the American College of

25 Radiology.

26  On and after January 1, 2012, providers participating in a
    SB2394 Enrolled          - 2253 - LRB104 09208 AMC 19265 b

1 quality improvement program approved by the Department shall

2 be reimbursed for screening and diagnostic mammography at the

3 same rate as the Medicare program's rates, including the

4 increased reimbursement for digital mammography and, after

5 January 1, 2023 (the effective date of Public Act 102-1018),

6 breast tomosynthesis.

7   The Department shall convene an expert panel including

8 representatives of hospitals, free-standing mammography

9 facilities, and doctors, including radiologists, to establish

10 quality standards for mammography.

11  On and after January 1, 2017, providers participating in a

12 breast cancer treatment quality improvement program approved

13 by the Department shall be reimbursed for breast cancer

14 treatment at a rate that is no lower than 95% of the Medicare

15 program's rates for the data elements included in the breast

16 cancer treatment quality program.

17  The Department shall convene an expert panel, including

18 representatives of hospitals, free-standing breast cancer

19 treatment centers, breast cancer quality organizations, and

20 doctors, including radiologists that are trained in all forms

21 of FDA-approved FDA approved breast imaging technologies,

22 breast surgeons, reconstructive breast surgeons, oncologists,

23 and primary care providers to establish quality standards for

24 breast cancer treatment.

25  Subject to federal approval, the Department shall

26 establish a rate methodology for mammography at federally
    SB2394 Enrolled     - 2254 - LRB104 09208 AMC 19265 b

1 qualified health centers and other encounter-rate clinics.

2 These clinics or centers may also collaborate with other

3 hospital-based mammography facilities. By January 1, 2016, the

4 Department shall report to the General Assembly on the status

5 of the provision set forth in this paragraph.

6   The Department shall establish a methodology to remind

7 individuals who are age-appropriate for screening mammography,

8 but who have not received a mammogram within the previous 18

9 months, of the importance and benefit of screening

10 mammography. The Department shall work with experts in breast

11 cancer outreach and patient navigation to optimize these

12 reminders and shall establish a methodology for evaluating

13 their effectiveness and modifying the methodology based on the

14 evaluation.

15  The Department shall establish a performance goal for

16 primary care providers with respect to their female patients

17 over age 40 receiving an annual mammogram. This performance

18 goal shall be used to provide additional reimbursement in the

19 form of a quality performance bonus to primary care providers

20 who meet that goal.

21  The Department shall devise a means of case-managing or

22 patient navigation for beneficiaries diagnosed with breast

23 cancer. This program shall initially operate as a pilot

24 program in areas of the State with the highest incidence of

25 mortality related to breast cancer. At least one pilot program

26 site shall be in the metropolitan Chicago area and at least one
    SB2394 Enrolled             - 2255 - LRB104 09208 AMC 19265 b

1 site shall be outside the metropolitan Chicago area. On or

2 after July 1, 2016, the pilot program shall be expanded to

3 include one site in western Illinois, one site in southern

4 Illinois, one site in central Illinois, and 4 sites within

5 metropolitan Chicago. An evaluation of the pilot program shall

6 be carried out measuring health outcomes and cost of care for

7 those served by the pilot program compared to similarly

8 situated patients who are not served by the pilot program.

9   The Department shall require all networks of care to

10 develop a means either internally or by contract with experts

11 in navigation and community outreach to navigate cancer

12 patients to comprehensive care in a timely fashion. The

13 Department shall require all networks of care to include

14 access for patients diagnosed with cancer to at least one

15 academic commission on cancer-accredited cancer program as an

16 in-network covered benefit.

17  The Department shall provide coverage and reimbursement

18 for a human papillomavirus (HPV) vaccine that is approved for

19 marketing by the federal Food and Drug Administration for all

20 persons between the ages of 9 and 45. Subject to federal

21 approval, the Department shall provide coverage and

22 reimbursement for a human papillomavirus (HPV) vaccine for

23 persons of the age of 46 and above who have been diagnosed with

24 cervical dysplasia with a high risk of recurrence or

25 progression. The Department shall disallow any

26 preauthorization requirements for the administration of the
    SB2394 Enrolled    - 2256 - LRB104 09208 AMC 19265 b

1 human papillomavirus (HPV) vaccine.

2   On or after July 1, 2022, individuals who are otherwise

3 eligible for medical assistance under this Article shall

4 receive coverage for perinatal depression screenings for the

5 12-month period beginning on the last day of their pregnancy.

6 Medical assistance coverage under this paragraph shall be

7 conditioned on the use of a screening instrument approved by

8 the Department.

9   Any medical or health care provider shall immediately

10 recommend, to any pregnant individual who is being provided

11 prenatal services and is suspected of having a substance use

12 disorder as defined in the Substance Use Disorder Act,

13 referral to a local substance use disorder treatment program

14 licensed by the Department of Human Services or to a licensed

15 hospital which provides substance abuse treatment services.

16 The Department of Healthcare and Family Services shall assure

17 coverage for the cost of treatment of the drug abuse or

18 addiction for pregnant recipients in accordance with the

19 Illinois Medicaid Program in conjunction with the Department

20 of Human Services.

21  All medical providers providing medical assistance to

22 pregnant individuals under this Code shall receive information

23 from the Department on the availability of services under any

24 program providing case management services for addicted

25 individuals, including information on appropriate referrals

26 for other social services that may be needed by addicted
    SB2394 Enrolled  - 2257 - LRB104 09208 AMC 19265 b

1 individuals in addition to treatment for addiction.

2   The Illinois Department, in cooperation with the

3 Departments of Human Services (as successor to the Department

4 of Alcoholism and Substance Abuse) and Public Health, through

5 a public awareness campaign, may provide information

6 concerning treatment for alcoholism and drug abuse and

7 addiction, prenatal health care, and other pertinent programs

8 directed at reducing the number of drug-affected infants born

9 to recipients of medical assistance.

10  Neither the Department of Healthcare and Family Services

11 nor the Department of Human Services shall sanction the

12 recipient solely on the basis of the recipient's substance

13 abuse.

14  The Illinois Department shall establish such regulations

15 governing the dispensing of health services under this Article

16 as it shall deem appropriate. The Department should seek the

17 advice of formal professional advisory committees appointed by

18 the Director of the Illinois Department for the purpose of

19 providing regular advice on policy and administrative matters,

20 information dissemination and educational activities for

21 medical and health care providers, and consistency in

22 procedures to the Illinois Department.

23  The Illinois Department may develop and contract with

24 Partnerships of medical providers to arrange medical services

25 for persons eligible under Section 5-2 of this Code.

26 Implementation of this Section may be by demonstration
    SB2394 Enrolled  - 2258 - LRB104 09208 AMC 19265 b

1 projects in certain geographic areas. The Partnership shall be

2 represented by a sponsor organization. The Department, by

3 rule, shall develop qualifications for sponsors of

4 Partnerships. Nothing in this Section shall be construed to

5 require that the sponsor organization be a medical

6 organization.

7   The sponsor must negotiate formal written contracts with

8 medical providers for physician services, inpatient and

9 outpatient hospital care, home health services, treatment for

10 alcoholism and substance abuse, and other services determined

11 necessary by the Illinois Department by rule for delivery by

12 Partnerships. Physician services must include prenatal and

13 obstetrical care. The Illinois Department shall reimburse

14 medical services delivered by Partnership providers to clients

15 in target areas according to provisions of this Article and

16 the Illinois Health Finance Reform Act, except that:

17  (1) Physicians participating in a Partnership and

18  providing certain services, which shall be determined by

19  the Illinois Department, to persons in areas covered by

20  the Partnership may receive an additional surcharge for

21  such services.

22  (2) The Department may elect to consider and negotiate

23  financial incentives to encourage the development of

24  Partnerships and the efficient delivery of medical care.

25  (3) Persons receiving medical services through

26  Partnerships may receive medical and case management
    SB2394 Enrolled    - 2259 - LRB104 09208 AMC 19265 b

1   services above the level usually offered through the

2   medical assistance program.

3   Medical providers shall be required to meet certain

4 qualifications to participate in Partnerships to ensure the

5 delivery of high quality medical services. These

6 qualifications shall be determined by rule of the Illinois

7 Department and may be higher than qualifications for

8 participation in the medical assistance program. Partnership

9 sponsors may prescribe reasonable additional qualifications

10 for participation by medical providers, only with the prior

11 written approval of the Illinois Department.

12  Nothing in this Section shall limit the free choice of

13 practitioners, hospitals, and other providers of medical

14 services by clients. In order to ensure patient freedom of

15 choice, the Illinois Department shall immediately promulgate

16 all rules and take all other necessary actions so that

17 provided services may be accessed from therapeutically

18 certified optometrists to the full extent of the Illinois

19 Optometric Practice Act of 1987 without discriminating between

20 service providers.

21  The Department shall apply for a waiver from the United

22 States Health Care Financing Administration to allow for the

23 implementation of Partnerships under this Section.

24  The Illinois Department shall require health care

25 providers to maintain records that document the medical care

26 and services provided to recipients of Medical Assistance
SB2394 Enrolled  - 2260 - LRB104 09208 AMC 19265 b

 1 under this Article. Such records must be retained for a period
 2 of not less than 6 years from the date of service or as
 3 provided by applicable State law, whichever period is longer,
 4 except that if an audit is initiated within the required
 5 retention period then the records must be retained until the
 6 audit is completed and every exception is resolved. The
 7 Illinois Department shall require health care providers to
 8 make available, when authorized by the patient, in writing,
 9 the medical records in a timely fashion to other health care
10 providers who are treating or serving persons eligible for
11 Medical Assistance under this Article. All dispensers of
12 medical services shall be required to maintain and retain
13 business and professional records sufficient to fully and
14 accurately document the nature, scope, details and receipt of
15 the health care provided to persons eligible for medical
16 assistance under this Code, in accordance with regulations
17 promulgated by the Illinois Department. The rules and
18 regulations shall require that proof of the receipt of
19 prescription drugs, dentures, prosthetic devices and
20 eyeglasses by eligible persons under this Section accompany
21 each claim for reimbursement submitted by the dispenser of
22 such medical services. No such claims for reimbursement shall
23 be approved for payment by the Illinois Department without
24 such proof of receipt, unless the Illinois Department shall
25 have put into effect and shall be operating a system of
26 post-payment audit and review which shall, on a sampling
    SB2394 Enrolled  - 2261 - LRB104 09208 AMC 19265 b

1 basis, be deemed adequate by the Illinois Department to assure

2 that such drugs, dentures, prosthetic devices and eyeglasses

3 for which payment is being made are actually being received by

4 eligible recipients. Within 90 days after September 16, 1984

5 (the effective date of Public Act 83-1439), the Illinois

6 Department shall establish a current list of acquisition costs

7 for all prosthetic devices and any other items recognized as

8 medical equipment and supplies reimbursable under this Article

9 and shall update such list on a quarterly basis, except that

10 the acquisition costs of all prescription drugs shall be

11 updated no less frequently than every 30 days as required by

12 Section 5-5.12.

13  Notwithstanding any other law to the contrary, the

14 Illinois Department shall, within 365 days after July 22, 2013

15 (the effective date of Public Act 98-104), establish

16 procedures to permit skilled care facilities licensed under

17 the Nursing Home Care Act to submit monthly billing claims for

18 reimbursement purposes. Following development of these

19 procedures, the Department shall, by July 1, 2016, test the

20 viability of the new system and implement any necessary

21 operational or structural changes to its information

22 technology platforms in order to allow for the direct

23 acceptance and payment of nursing home claims.

24  Notwithstanding any other law to the contrary, the

25 Illinois Department shall, within 365 days after August 15,

26 2014 (the effective date of Public Act 98-963), establish
    SB2394 Enrolled  - 2262 - LRB104 09208 AMC 19265 b

1 procedures to permit ID/DD facilities licensed under the ID/DD

2 Community Care Act and MC/DD facilities licensed under the

3 MC/DD Act to submit monthly billing claims for reimbursement

4 purposes. Following development of these procedures, the

5 Department shall have an additional 365 days to test the

6 viability of the new system and to ensure that any necessary

7 operational or structural changes to its information

8 technology platforms are implemented.

9   The Illinois Department shall require all dispensers of

10 medical services, other than an individual practitioner or

11 group of practitioners, desiring to participate in the Medical

12 Assistance program established under this Article to disclose

13 all financial, beneficial, ownership, equity, surety or other

14 interests in any and all firms, corporations, partnerships,

15 associations, business enterprises, joint ventures, agencies,

16 institutions or other legal entities providing any form of

17 health care services in this State under this Article.

18  The Illinois Department may require that all dispensers of

19 medical services desiring to participate in the medical

20 assistance program established under this Article disclose,

21 under such terms and conditions as the Illinois Department may

22 by rule establish, all inquiries from clients and attorneys

23 regarding medical bills paid by the Illinois Department, which

24 inquiries could indicate potential existence of claims or

25 liens for the Illinois Department.

26  Enrollment of a vendor shall be subject to a provisional
    SB2394 Enrolled  - 2263 - LRB104 09208 AMC 19265 b

1 period and shall be conditional for one year. During the

2 period of conditional enrollment, the Department may terminate

3 the vendor's eligibility to participate in, or may disenroll

4 the vendor from, the medical assistance program without cause.

5 Unless otherwise specified, such termination of eligibility or

6 disenrollment is not subject to the Department's hearing

7 process. However, a disenrolled vendor may reapply without

8 penalty.

9   The Department has the discretion to limit the conditional

10 enrollment period for vendors based upon the category of risk

11 of the vendor.

12  Prior to enrollment and during the conditional enrollment

13 period in the medical assistance program, all vendors shall be

14 subject to enhanced oversight, screening, and review based on

15 the risk of fraud, waste, and abuse that is posed by the

16 category of risk of the vendor. The Illinois Department shall

17 establish the procedures for oversight, screening, and review,

18 which may include, but need not be limited to: criminal and

19 financial background checks; fingerprinting; license,

20 certification, and authorization verifications; unscheduled or

21 unannounced site visits; database checks; prepayment audit

22 reviews; audits; payment caps; payment suspensions; and other

23 screening as required by federal or State law.

24  The Department shall define or specify the following: (i)

25 by provider notice, the "category of risk of the vendor" for

26 each type of vendor, which shall take into account the level of
    SB2394 Enrolled  - 2264 - LRB104 09208 AMC 19265 b

1 screening applicable to a particular category of vendor under

2 federal law and regulations; (ii) by rule or provider notice,

3 the maximum length of the conditional enrollment period for

4 each category of risk of the vendor; and (iii) by rule, the

5 hearing rights, if any, afforded to a vendor in each category

6 of risk of the vendor that is terminated or disenrolled during

7 the conditional enrollment period.

8   To be eligible for payment consideration, a vendor's

9 payment claim or bill, either as an initial claim or as a

10 resubmitted claim following prior rejection, must be received

11 by the Illinois Department, or its fiscal intermediary, no

12 later than 180 days after the latest date on the claim on which

13 medical goods or services were provided, with the following

14 exceptions:

15  (1) In the case of a provider whose enrollment is in

16  process by the Illinois Department, the 180-day period

17  shall not begin until the date on the written notice from

18  the Illinois Department that the provider enrollment is

19  complete.

20  (2) In the case of errors attributable to the Illinois

21  Department or any of its claims processing intermediaries

22  which result in an inability to receive, process, or

23  adjudicate a claim, the 180-day period shall not begin

24  until the provider has been notified of the error.

25  (3) In the case of a provider for whom the Illinois

26  Department initiates the monthly billing process.
    SB2394 Enrolled       - 2265 - LRB104 09208 AMC 19265 b

1   (4) In the case of a provider operated by a unit of

2   local government with a population exceeding 3,000,000

3   when local government funds finance federal participation

4   for claims payments.

5   For claims for services rendered during a period for which

6 a recipient received retroactive eligibility, claims must be

7 filed within 180 days after the Department determines the

8 applicant is eligible. For claims for which the Illinois

9 Department is not the primary payer, claims must be submitted

10 to the Illinois Department within 180 days after the final

11 adjudication by the primary payer.

12  In the case of long term care facilities, within 120

13 calendar days of receipt by the facility of required

14 prescreening information, new admissions with associated

15 admission documents shall be submitted through the Medical

16 Electronic Data Interchange (MEDI) or the Recipient

17 Eligibility Verification (REV) System or shall be submitted

18 directly to the Department of Human Services using required

19 admission forms. Effective September 1, 2014, admission

20 documents, including all prescreening information, must be

21 submitted through MEDI or REV. Confirmation numbers assigned

22 to an accepted transaction shall be retained by a facility to

23 verify timely submittal. Once an admission transaction has

24 been completed, all resubmitted claims following prior

25 rejection are subject to receipt no later than 180 days after

26 the admission transaction has been completed.
    SB2394 Enrolled  - 2266 - LRB104 09208 AMC 19265 b

1   Claims that are not submitted and received in compliance

2 with the foregoing requirements shall not be eligible for

3 payment under the medical assistance program, and the State

4 shall have no liability for payment of those claims.

5   To the extent consistent with applicable information and

6 privacy, security, and disclosure laws, State and federal

7 agencies and departments shall provide the Illinois Department

8 access to confidential and other information and data

9 necessary to perform eligibility and payment verifications and

10 other Illinois Department functions. This includes, but is not

11 limited to: information pertaining to licensure;

12 certification; earnings; immigration status; citizenship; wage

13 reporting; unearned and earned income; pension income;

14 employment; supplemental security income; social security

15 numbers; National Provider Identifier (NPI) numbers; the

16 National Practitioner Data Bank (NPDB); program and agency

17 exclusions; taxpayer identification numbers; tax delinquency;

18 corporate information; and death records.

19  The Illinois Department shall enter into agreements with

20 State agencies and departments, and is authorized to enter

21 into agreements with federal agencies and departments, under

22 which such agencies and departments shall share data necessary

23 for medical assistance program integrity functions and

24 oversight. The Illinois Department shall develop, in

25 cooperation with other State departments and agencies, and in

26 compliance with applicable federal laws and regulations,
    SB2394 Enrolled         - 2267 - LRB104 09208 AMC 19265 b

1 appropriate and effective methods to share such data. At a

2 minimum, and to the extent necessary to provide data sharing,

3 the Illinois Department shall enter into agreements with State

4 agencies and departments, and is authorized to enter into

5 agreements with federal agencies and departments, including,

6 but not limited to: the Secretary of State; the Department of

7 Revenue; the Department of Public Health; the Department of

8 Human Services; and the Department of Financial and

9 Professional Regulation.

10  Beginning in fiscal year 2013, the Illinois Department

11 shall set forth a request for information to identify the

12 benefits of a pre-payment, post-adjudication, and post-edit

13 claims system with the goals of streamlining claims processing

14 and provider reimbursement, reducing the number of pending or

15 rejected claims, and helping to ensure a more transparent

16 adjudication process through the utilization of: (i) provider

17 data verification and provider screening technology; and (ii)

18 clinical code editing; and (iii) pre-pay, pre-adjudicated, or

19 post-adjudicated predictive modeling with an integrated case

20 management system with link analysis. Such a request for

21 information shall not be considered as a request for proposal

22 or as an obligation on the part of the Illinois Department to

23 take any action or acquire any products or services.

24  The Illinois Department shall establish policies,

25 procedures, standards and criteria by rule for the

26 acquisition, repair and replacement of orthotic and prosthetic
    SB2394 Enrolled  - 2268 - LRB104 09208 AMC 19265 b

1 devices and durable medical equipment. Such rules shall

2 provide, but not be limited to, the following services: (1)

3 immediate repair or replacement of such devices by recipients;

4 and (2) rental, lease, purchase or lease-purchase of durable

5 medical equipment in a cost-effective manner, taking into

6 consideration the recipient's medical prognosis, the extent of

7 the recipient's needs, and the requirements and costs for

8 maintaining such equipment. Subject to prior approval, such

9 rules shall enable a recipient to temporarily acquire and use

10 alternative or substitute devices or equipment pending repairs

11 or replacements of any device or equipment previously

12 authorized for such recipient by the Department.

13 Notwithstanding any provision of Section 5-5f to the contrary,

14 the Department may, by rule, exempt certain replacement

15 wheelchair parts from prior approval and, for wheelchairs,

16 wheelchair parts, wheelchair accessories, and related seating

17 and positioning items, determine the wholesale price by

18 methods other than actual acquisition costs.

19  The Department shall require, by rule, all providers of

20 durable medical equipment to be accredited by an accreditation

21 organization approved by the federal Centers for Medicare and

22 Medicaid Services and recognized by the Department in order to

23 bill the Department for providing durable medical equipment to

24 recipients. No later than 15 months after the effective date

25 of the rule adopted pursuant to this paragraph, all providers

26 must meet the accreditation requirement.
   SB2394 Enrolled  - 2269 - LRB104 09208 AMC 19265 b

1  In order to promote environmental responsibility, meet the

2 needs of recipients and enrollees, and achieve significant

3 cost savings, the Department, or a managed care organization

4 under contract with the Department, may provide recipients or

5 managed care enrollees who have a prescription or Certificate

6 of Medical Necessity access to refurbished durable medical

7 equipment under this Section (excluding prosthetic and

8 orthotic devices as defined in the Orthotics, Prosthetics, and

9 Pedorthics Practice Act and complex rehabilitation technology

10 products and associated services) through the State's

11 assistive technology program's reutilization program, using

12 staff with the Assistive Technology Professional (ATP)

13 Certification if the refurbished durable medical equipment:

14 (i) is available; (ii) is less expensive, including shipping

15 costs, than new durable medical equipment of the same type;

16 (iii) is able to withstand at least 3 years of use; (iv) is

17 cleaned, disinfected, sterilized, and safe in accordance with

18 federal Food and Drug Administration regulations and guidance

19 governing the reprocessing of medical devices in health care

20 settings; and (v) equally meets the needs of the recipient or

21 enrollee. The reutilization program shall confirm that the

22 recipient or enrollee is not already in receipt of the same or

23 similar equipment from another service provider, and that the

24 refurbished durable medical equipment equally meets the needs

25 of the recipient or enrollee. Nothing in this paragraph shall

26 be construed to limit recipient or enrollee choice to obtain
   SB2394 Enrolled  - 2270 - LRB104 09208 AMC 19265 b

1 new durable medical equipment or place any additional prior

2 authorization conditions on enrollees of managed care

3 organizations.

4  The Department shall execute, relative to the nursing home

5 prescreening project, written inter-agency agreements with the

6 Department of Human Services and the Department on Aging, to

7 effect the following: (i) intake procedures and common

8 eligibility criteria for those persons who are receiving

9 non-institutional services; and (ii) the establishment and

10 development of non-institutional services in areas of the

11 State where they are not currently available or are

12 undeveloped; and (iii) notwithstanding any other provision of

13 law, subject to federal approval, on and after July 1, 2012, an

14 increase in the determination of need (DON) scores from 29 to

15 37 for applicants for institutional and home and

16 community-based long term care; if and only if federal

17 approval is not granted, the Department may, in conjunction

18 with other affected agencies, implement utilization controls

19 or changes in benefit packages to effectuate a similar savings

20 amount for this population; and (iv) no later than July 1,

21 2013, minimum level of care eligibility criteria for

22 institutional and home and community-based long term care; and

23 (v) no later than October 1, 2013, establish procedures to

24 permit long term care providers access to eligibility scores

25 for individuals with an admission date who are seeking or

26 receiving services from the long term care provider. In order
    SB2394 Enrolled           - 2271 - LRB104 09208 AMC 19265 b

1 to select the minimum level of care eligibility criteria, the

2 Governor shall establish a workgroup that includes affected

3 agency representatives and stakeholders representing the

4 institutional and home and community-based long term care

5 interests. This Section shall not restrict the Department from

6 implementing lower level of care eligibility criteria for

7 community-based services in circumstances where federal

8 approval has been granted.

9   The Illinois Department shall develop and operate, in

10 cooperation with other State Departments and agencies and in

11 compliance with applicable federal laws and regulations,

12 appropriate and effective systems of health care evaluation

13 and programs for monitoring of utilization of health care

14 services and facilities, as it affects persons eligible for

15 medical assistance under this Code.

16  The Illinois Department shall report annually to the

17 General Assembly, no later than the second Friday in April of

18 1979 and each year thereafter, in regard to:

19  (a) actual statistics and trends in utilization of

20  medical services by public aid recipients;

21  (b) actual statistics and trends in the provision of

22  the various medical services by medical vendors;

23  (c) current rate structures and proposed changes in

24  those rate structures for the various medical vendors; and

25  (d) efforts at utilization review and control by the

26  Illinois Department.
    SB2394 Enrolled    - 2272 - LRB104 09208 AMC 19265 b

1   The period covered by each report shall be the 3 years

2 ending on the June 30 prior to the report. The report shall

3 include suggested legislation for consideration by the General

4 Assembly. The requirement for reporting to the General

5 Assembly shall be satisfied by filing copies of the report as

6 required by Section 3.1 of the General Assembly Organization

7 Act, and filing such additional copies with the State

8 Government Report Distribution Center for the General Assembly

9 as is required under paragraph (t) of Section 7 of the State

10 Library Act.

11  Rulemaking authority to implement Public Act 95-1045, if

12 any, is conditioned on the rules being adopted in accordance

13 with all provisions of the Illinois Administrative Procedure

14 Act and all rules and procedures of the Joint Committee on

15 Administrative Rules; any purported rule not so adopted, for

16 whatever reason, is unauthorized.

17  On and after July 1, 2012, the Department shall reduce any

18 rate of reimbursement for services or other payments or alter

19 any methodologies authorized by this Code to reduce any rate

20 of reimbursement for services or other payments in accordance

21 with Section 5-5e.

22  Because kidney transplantation can be an appropriate,

23 cost-effective alternative to renal dialysis when medically

24 necessary and notwithstanding the provisions of Section 1-11

25 of this Code, beginning October 1, 2014, the Department shall

26 cover kidney transplantation for noncitizens with end-stage
    SB2394 Enrolled        - 2273 - LRB104 09208 AMC 19265 b

1 renal disease who are not eligible for comprehensive medical

2 benefits, who meet the residency requirements of Section 5-3

3 of this Code, and who would otherwise meet the financial

4 requirements of the appropriate class of eligible persons

5 under Section 5-2 of this Code. To qualify for coverage of

6 kidney transplantation, such person must be receiving

7 emergency renal dialysis services covered by the Department.

8 Providers under this Section shall be prior approved and

9 certified by the Department to perform kidney transplantation

10 and the services under this Section shall be limited to

11 services associated with kidney transplantation.

12  Notwithstanding any other provision of this Code to the

13 contrary, on or after July 1, 2015, all FDA-approved FDA

14 approved forms of medication assisted treatment prescribed for

15 the treatment of alcohol dependence or treatment of opioid

16 dependence shall be covered under both fee-for-service and

17 managed care medical assistance programs for persons who are

18 otherwise eligible for medical assistance under this Article

19 and shall not be subject to any (1) utilization control, other

20 than those established under the American Society of Addiction

21 Medicine patient placement criteria, (2) prior authorization

22 mandate, (3) lifetime restriction limit mandate, or (4)

23 limitations on dosage.

24  On or after July 1, 2015, opioid antagonists prescribed

25 for the treatment of an opioid overdose, including the

26 medication product, administration devices, and any pharmacy
    SB2394 Enrolled        - 2274 - LRB104 09208 AMC 19265 b

1 fees or hospital fees related to the dispensing, distribution,

2 and administration of the opioid antagonist, shall be covered

3 under the medical assistance program for persons who are

4 otherwise eligible for medical assistance under this Article.

5 As used in this Section, "opioid antagonist" means a drug that

6 binds to opioid receptors and blocks or inhibits the effect of

7 opioids acting on those receptors, including, but not limited

8 to, naloxone hydrochloride or any other similarly acting drug

9 approved by the U.S. Food and Drug Administration. The

10 Department shall not impose a copayment on the coverage

11 provided for naloxone hydrochloride under the medical

12 assistance program.

13  Upon federal approval, the Department shall provide

14 coverage and reimbursement for all drugs that are approved for

15 marketing by the federal Food and Drug Administration and that

16 are recommended by the federal Public Health Service or the

17 United States Centers for Disease Control and Prevention for

18 pre-exposure prophylaxis and related pre-exposure prophylaxis

19 services, including, but not limited to, HIV and sexually

20 transmitted infection screening, treatment for sexually

21 transmitted infections, medical monitoring, assorted labs, and

22 counseling to reduce the likelihood of HIV infection among

23 individuals who are not infected with HIV but who are at high

24 risk of HIV infection.

25  A federally qualified health center, as defined in Section

26 1905(l)(2)(B) of the federal Social Security Act, shall be
    SB2394 Enrolled  - 2275 - LRB104 09208 AMC 19265 b

1 reimbursed by the Department in accordance with the federally

2 qualified health center's encounter rate for services provided

3 to medical assistance recipients that are performed by a

4 dental hygienist, as defined under the Illinois Dental

5 Practice Act, working under the general supervision of a

6 dentist and employed by a federally qualified health center.

7   Within 90 days after October 8, 2021 (the effective date

8 of Public Act 102-665), the Department shall seek federal

9 approval of a State Plan amendment to expand coverage for

10 family planning services that includes presumptive eligibility

11 to individuals whose income is at or below 208% of the federal

12 poverty level. Coverage under this Section shall be effective

13 beginning no later than December 1, 2022.

14  Subject to approval by the federal Centers for Medicare

15 and Medicaid Services of a Title XIX State Plan amendment

16 electing the Program of All-Inclusive Care for the Elderly

17 (PACE) as a State Medicaid option, as provided for by Subtitle

18 I (commencing with Section 4801) of Title IV of the Balanced

19 Budget Act of 1997 (Public Law 105-33) and Part 460

20 (commencing with Section 460.2) of Subchapter E of Title 42 of

21 the Code of Federal Regulations, PACE program services shall

22 become a covered benefit of the medical assistance program,

23 subject to criteria established in accordance with all

24 applicable laws.

25  Notwithstanding any other provision of this Code,

26 community-based pediatric palliative care from a trained
    SB2394 Enrolled     - 2276 - LRB104 09208 AMC 19265 b

1 interdisciplinary team shall be covered under the medical

2 assistance program as provided in Section 15 of the Pediatric

3 Palliative Care Act.

4   Notwithstanding any other provision of this Code, within

5 12 months after June 2, 2022 (the effective date of Public Act

6 102-1037) and subject to federal approval, acupuncture

7 services performed by an acupuncturist licensed under the

8 Acupuncture Practice Act who is acting within the scope of his

9 or her license shall be covered under the medical assistance

10 program. The Department shall apply for any federal waiver or

11 State Plan amendment, if required, to implement this

12 paragraph. The Department may adopt any rules, including

13 standards and criteria, necessary to implement this paragraph.

14  Notwithstanding any other provision of this Code, the

15 medical assistance program shall, subject to federal approval,

16 reimburse hospitals for costs associated with a newborn

17 screening test for the presence of metachromatic

18 leukodystrophy, as required under the Newborn Metabolic

19 Screening Act, at a rate not less than the fee charged by the

20 Department of Public Health. Notwithstanding any other

21 provision of this Code, the medical assistance program shall,

22 subject to appropriation and federal approval, also reimburse

23 hospitals for costs associated with all newborn screening

24 tests added on and after August 9, 2024 (the effective date of

25 Public Act 103-909) this amendatory Act of the 103rd General

26 Assembly to the Newborn Metabolic Screening Act and required
    SB2394 Enrolled  - 2277 - LRB104 09208 AMC 19265 b

1 to be performed under that Act at a rate not less than the fee

2 charged by the Department of Public Health. The Department

3 shall seek federal approval before the implementation of the

4 newborn screening test fees by the Department of Public

5 Health.

6   Notwithstanding any other provision of this Code,

7 beginning on January 1, 2024, subject to federal approval,

8 cognitive assessment and care planning services provided to a

9 person who experiences signs or symptoms of cognitive

10 impairment, as defined by the Diagnostic and Statistical

11 Manual of Mental Disorders, Fifth Edition, shall be covered

12 under the medical assistance program for persons who are

13 otherwise eligible for medical assistance under this Article.

14  Notwithstanding any other provision of this Code,

15 medically necessary reconstructive services that are intended

16 to restore physical appearance shall be covered under the

17 medical assistance program for persons who are otherwise

18 eligible for medical assistance under this Article. As used in

19 this paragraph, "reconstructive services" means treatments

20 performed on structures of the body damaged by trauma to

21 restore physical appearance.

22 (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;

23 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article

24 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,

25 eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;

26 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
    SB2394 Enrolled       - 2278 - LRB104 09208 AMC 19265 b

1 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
2 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
3 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
4 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
5 1-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593,
6 Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24;
7 103-808, eff. 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff.
8 8-9-24; revised 10-10-24.)

9   (305 ILCS 5/5-5.01a)

10  Sec. 5-5.01a. Supportive living facilities program.

11  (a) The Department shall establish and provide oversight

12 for a program of supportive living facilities that seek to

13 promote resident independence, dignity, respect, and

14 well-being in the most cost-effective manner.

15  A supportive living facility is (i) a free-standing

16 facility or (ii) a distinct physical and operational entity

17 within a mixed-use building that meets the criteria

18 established in subsection (d). A supportive living facility

19 integrates housing with health, personal care, and supportive

20 services and is a designated setting that offers residents

21 their own separate, private, and distinct living units.

22  Sites for the operation of the program shall be selected

23 by the Department based upon criteria that may include the

24 need for services in a geographic area, the availability of

25 funding, and the site's ability to meet the standards.
    SB2394 Enrolled    - 2279 - LRB104 09208 AMC 19265 b

1   (b) Beginning July 1, 2014, subject to federal approval,

2 the Medicaid rates for supportive living facilities shall be

3 equal to the supportive living facility Medicaid rate

4 effective on June 30, 2014 increased by 8.85%. Once the

5 assessment imposed at Article V-G of this Code is determined

6 to be a permissible tax under Title XIX of the Social Security

7 Act, the Department shall increase the Medicaid rates for

8 supportive living facilities effective on July 1, 2014 by

9 9.09%. The Department shall apply this increase retroactively

10 to coincide with the imposition of the assessment in Article

11 V-G of this Code in accordance with the approval for federal

12 financial participation by the Centers for Medicare and

13 Medicaid Services.

14  The Medicaid rates for supportive living facilities

15 effective on July 1, 2017 must be equal to the rates in effect

16 for supportive living facilities on June 30, 2017 increased by

17 2.8%.

18  The Medicaid rates for supportive living facilities

19 effective on July 1, 2018 must be equal to the rates in effect

20 for supportive living facilities on June 30, 2018.

21  Subject to federal approval, the Medicaid rates for

22 supportive living services on and after July 1, 2019 must be at

23 least 54.3% of the average total nursing facility services per

24 diem for the geographic areas defined by the Department while

25 maintaining the rate differential for dementia care and must

26 be updated whenever the total nursing facility service per
    SB2394 Enrolled         - 2280 - LRB104 09208 AMC 19265 b

1 diems are updated. Beginning July 1, 2022, upon the

2 implementation of the Patient Driven Payment Model, Medicaid

3 rates for supportive living services must be at least 54.3% of

4 the average total nursing services per diem rate for the

5 geographic areas. For purposes of this provision, the average

6 total nursing services per diem rate shall include all add-ons

7 for nursing facilities for the geographic area provided for in

8 Section 5-5.2. The rate differential for dementia care must be

9 maintained in these rates and the rates shall be updated

10 whenever nursing facility per diem rates are updated.

11  Subject to federal approval, beginning January 1, 2024,

12 the dementia care rate for supportive living services must be

13 no less than the non-dementia care supportive living services

14 rate multiplied by 1.5.

15  (b-5) Subject to federal approval, beginning January 1,

16 2025, Medicaid rates for supportive living services must be at

17 least 54.75% of the average total nursing services per diem

18 rate for the geographic areas defined by the Department and

19 shall include all add-ons for nursing facilities for the

20 geographic area provided for in Section 5-5.2.

21  (c) The Department may adopt rules to implement this

22 Section. Rules that establish or modify the services,

23 standards, and conditions for participation in the program

24 shall be adopted by the Department in consultation with the

25 Department on Aging, the Department of Rehabilitation

26 Services, and the Department of Mental Health and
    SB2394 Enrolled      - 2281 - LRB104 09208 AMC 19265 b

1 Developmental Disabilities (or their successor agencies).

2   (d) Subject to federal approval by the Centers for

3 Medicare and Medicaid Services, the Department shall accept

4 for consideration of certification under the program any

5 application for a site or building where distinct parts of the

6 site or building are designated for purposes other than the

7 provision of supportive living services, but only if:

8   (1) those distinct parts of the site or building are

9   not designated for the purpose of providing assisted

10  living services as required under the Assisted Living and

11  Shared Housing Act;

12  (2) those distinct parts of the site or building are

13  completely separate from the part of the building used for

14  the provision of supportive living program services,

15  including separate entrances;

16  (3) those distinct parts of the site or building do

17  not share any common spaces with the part of the building

18  used for the provision of supportive living program

19  services; and

20  (4) those distinct parts of the site or building do

21  not share staffing with the part of the building used for

22  the provision of supportive living program services.

23  (e) Facilities or distinct parts of facilities which are

24 selected as supportive living facilities and are in good

25 standing with the Department's rules are exempt from the

26 provisions of the Nursing Home Care Act and the Illinois
    SB2394 Enrolled  - 2282 - LRB104 09208 AMC 19265 b

1 Health Facilities Planning Act.

2   (f) Section 9817 of the American Rescue Plan Act of 2021

3 (Public Law 117-2) authorizes a 10% enhanced federal medical

4 assistance percentage for supportive living services for a

5 12-month period from April 1, 2021 through March 31, 2022.

6 Subject to federal approval, including the approval of any

7 necessary waiver amendments or other federally required

8 documents or assurances, for a 12-month period the Department

9 must pay a supplemental $26 per diem rate to all supportive

10 living facilities with the additional federal financial

11 participation funds that result from the enhanced federal

12 medical assistance percentage from April 1, 2021 through March

13 31, 2022. The Department may issue parameters around how the

14 supplemental payment should be spent, including quality

15 improvement activities. The Department may alter the form,

16 methods, or timeframes concerning the supplemental per diem

17 rate to comply with any subsequent changes to federal law,

18 changes made by guidance issued by the federal Centers for

19 Medicare and Medicaid Services, or other changes necessary to

20 receive the enhanced federal medical assistance percentage.

21  (g) All applications for the expansion of supportive

22 living dementia care settings involving sites not approved by

23 the Department by January 1, 2024 (Public Act 103-102) may

24 allow new elderly non-dementia units in addition to new

25 dementia care units. The Department may approve such

26 applications only if the application has: (1) no more than one
    SB2394 Enrolled  - 2283 - LRB104 09208 AMC 19265 b

1 non-dementia care unit for each dementia care unit and (2) the

2 site is not located within 4 miles of an existing supportive

3 living program site in Cook County (including the City of

4 Chicago), not located within 12 miles of an existing

5 supportive living program site in Alexander, Bond, Boone,

6 Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy,

7 Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall,

8 Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean,

9 Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon,

10 Stark, St. Clair, Tazewell, Vermilion, Will, Williamson,

11 Winnebago, or Woodford counties, or not located within 25

12 miles of an existing supportive living program site in any

13 other county.

14  (h) Beginning January 1, 2025, subject to federal

15 approval, for a person who is a resident of a supportive living

16 facility under this Section, the monthly personal needs

17 allowance shall be $120 per month.

18  (i) (h) As stated in the supportive living program home

19 and community-based service waiver approved by the federal

20 Centers for Medicare and Medicaid Services, and beginning July

21 1, 2025, the Department must maintain the rate add-on

22 implemented on January 1, 2023 for the provision of 2 meals per

23 day at no less than $6.15 per day.

24  (j) (f) Subject to federal approval, the Department shall

25 allow a certified medication aide to administer medication in

26 a supportive living facility. For purposes of this subsection,
    SB2394 Enrolled       - 2284 - LRB104 09208 AMC 19265 b

 1 "certified medication aide" means a person who has met the
 2 qualifications for certification under Section 79 of the
 3 Assisted Living and Shared Housing Act and assists with
 4 medication administration while under the supervision of a
 5 registered professional nurse as authorized by Section 50-75
 6 of the Nurse Practice Act. The Department may adopt rules to
 7 implement this subsection.
 8 (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;
 9 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,
10 Article 100, Section 100-5, eff. 1-1-24; 103-593, Article 15,
11 Section 15-5, eff. 6-7-24; 103-593, Article 100, Section
12 100-5, eff. 6-7-24; 103-593, Article 165, Section 165-5, eff.
13 6-7-24; 103-605, eff. 7-1-24; 103-886, eff. 8-9-24; revised
14 10-8-24.)

15  (305 ILCS 5/5-5.24a)

16  Sec. 5-5.24a. Remote ultrasounds and remote fetal

17 nonstress tests; reimbursement.

18  (a) Subject to federal approval, for dates of service

19 beginning on and after January 1, 2025, the Department shall

20 reimburse for remote ultrasound procedures and remote fetal

21 nonstress tests when the patient is in a residence or other

22 off-site location from the patient's provider and the same

23 standard of care is met as would be present during an in-person

24 visit.

25  (b) Remote ultrasounds and remote fetal nonstress tests
    SB2394 Enrolled             - 2285 - LRB104 09208 AMC 19265 b

1 are only eligible for reimbursement when the provider uses

2 digital technology:

3   (1) to collect medical and other forms of health data

4   from a patient and to electronically transmit that

5   information securely to a health care provider in a

6   different location for interpretation and recommendation;

7   (2) that is compliant with the federal Health

8   Insurance Portability and Accountability Act of 1996; and

9   (3) that is approved by the U.S. Food and Drug

10  Administration.

11  (c) A fetal nonstress test is only eligible for

12 reimbursement with a place of service modifier for at-home

13 monitoring with remote monitoring solutions that are cleared

14 by the U.S. Food and Drug Administration for on-label use for

15 monitoring fetal heart rate, maternal heart rate, and uterine

16 activity.

17  (d) The Department shall issue guidance to implement the

18 provisions of this Section.

19 (Source: P.A. 103-593, eff. 6-7-24.)

20  (305 ILCS 5/5-5.24b)

21  (This Section may contain text from a Public Act with a

22 delayed effective date)

23  Sec. 5-5.24b 5-5.24a. Coverage for at-home pregnancy

24 tests. Beginning January 1, 2025, the medical assistance

25 program shall provide coverage for at-home, urine-based
   SB2394 Enrolled      - 2286 - LRB104 09208 AMC 19265 b

1 pregnancy tests that are ordered directly by a clinician or
2 furnished through a standing order for patient use, regardless
3 of whether the tests are otherwise available over the counter.
4 The coverage required under this Section is limited to a
5 multipack, as defined by the Department, of at-home,
6 urine-based pregnancy tests every 30 days.
7 (Source: P.A. 103-870, eff. 1-1-25; revised 10-2-24.)

8  (305 ILCS 5/5-5a.1)

9  Sec. 5-5a.1. Telehealth services for persons with

10 intellectual and developmental disabilities. The Department

11 shall file an amendment to the Home and Community-Based

12 Services Waiver Program for Adults with Developmental

13 Disabilities authorized under Section 1915(c) of the Social

14 Security Act to incorporate telehealth services administered

15 by a provider of telehealth services that demonstrates

16 knowledge and experience in providing medical and emergency

17 services for persons with intellectual and developmental

18 disabilities. For dates of service on and after January 1,

19 2025, the Department shall pay negotiated, agreed upon

20 administrative fees associated with implementing telehealth

21 services for persons with intellectual and developmental

22 disabilities who are receiving Community Integrated Living

23 Arrangement residential services under the Home and

24 Community-Based Services Waiver Program for Adults with

25 Developmental Disabilities. The implementation of telehealth
    SB2394 Enrolled      - 2287 - LRB104 09208 AMC 19265 b

 1 services shall not impede the choice of any individual
 2 receiving waiver-funded services through the Home and
 3 Community-Based Services Waiver Program for Adults with
 4 Developmental Disabilities to receive in-person health care
 5 services at any time. The Department shall ensure individuals
 6 enrolled in the waiver, or their guardians, request to opt in
 7 opt-in to these services. For individuals who opt in, this
 8 service shall be included in the individual's person-centered
 9 plan. The use of telehealth services shall not be used for the
10 convenience of staff at any time nor shall it replace primary
11 care physician services.
12 (Source: P.A. 103-102, eff. 7-1-23; 103-593, eff. 6-7-24;
13 revised 10-23-24.)

14  (305 ILCS 5/5-16.8)

15  Sec. 5-16.8. Required health benefits. The medical

16 assistance program shall (i) provide the post-mastectomy care

17 benefits required to be covered by a policy of accident and

18 health insurance under Section 356t and the coverage required

19 under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,

20 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,

21 356z.47, 356z.51, 356z.53, 356z.59, 356z.60, 356z.61, 356z.64,

22 and 356z.67, and 356z.71, and 356z.75 of the Illinois

23 Insurance Code, (ii) be subject to the provisions of Sections

24 356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the

25 Illinois Insurance Code, and (iii) be subject to the
    SB2394 Enrolled       - 2288 - LRB104 09208 AMC 19265 b

1 provisions of subsection (d-5) of Section 10 of the Network

2 Adequacy and Transparency Act.

3   The Department, by rule, shall adopt a model similar to

4 the requirements of Section 356z.39 of the Illinois Insurance

5 Code.

6   On and after July 1, 2012, the Department shall reduce any

7 rate of reimbursement for services or other payments or alter

8 any methodologies authorized by this Code to reduce any rate

9 of reimbursement for services or other payments in accordance

10 with Section 5-5e.

11  To ensure full access to the benefits set forth in this

12 Section, on and after January 1, 2016, the Department shall

13 ensure that provider and hospital reimbursement for

14 post-mastectomy care benefits required under this Section are

15 no lower than the Medicare reimbursement rate.

16 (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;

17 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.

18 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,

19 eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;

20 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

21 1-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703,

22 eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25;

23 revised 11-26-24.)

24  (305 ILCS 5/5-16.8a)

25  Sec. 5-16.8a. Rules concerning continuous glucose monitor
    SB2394 Enrolled   - 2289 - LRB104 09208 AMC 19265 b

1 coverage. The Department shall adopt rules to implement the

2 changes made to Section 356z.59 of the Illinois Insurance

3 Code, as applied to the medical assistance program. The rules

4 shall, at a minimum, provide that:

5   (1) the ordering provider must be a physician licensed

6   under the Medical Practice Act of 1987 or a certified

7   nurse practitioner or physician assistant with a

8   collaborative agreement with the physician; the ordering

9   provider is not required to obtain continuing medical

10  education in order to prescribe a continuous glucose

11  monitor;

12  (2) continuous glucose monitors are not required to

13  have an alarm when glucose levels are outside the

14  predetermined pre-determined range; the capacity to

15  generate predictive alerts in case of impending

16  hypoglycemia; or the ability to transmit real-time glucose

17  values and alerts to the patient and designated other

18  persons;

19  (3) the beneficiary is not required to need intensive

20  insulin therapy;

21  (4) the beneficiary is not required to have a recent

22  history of emergency room visits or hospitalizations

23  related to hypoglycemia, hyperglycemia, or ketoacidosis;

24  (5) if the beneficiary has gestational diabetes, the

25  beneficiary is not required to have suboptimal glycemic

26  control that is likely to harm the beneficiary or the
    SB2394 Enrolled      - 2290 - LRB104 09208 AMC 19265 b

1   fetus;

2   (6) if a beneficiary has diabetes mellitus and the

3   beneficiary does not meet the coverage requirements or if

4   the beneficiary is in a population in which continuous

5   glucose monitor usage has not been well-studied, requests

6   shall be reviewed, on a case-by-case basis, for medical

7   necessity and approved if appropriate; and

8   (7) prior authorization is required for a prescription

9   of a continuous glucose monitor; once a continuous glucose

10  monitor is prescribed, the prior authorization shall be

11  approved for a 12-month period.

12 (Source: P.A. 103-639, eff. 7-1-24; revised 10-23-24.)

13  (305 ILCS 5/5-30.1)

14  Sec. 5-30.1. Managed care protections.

15  (a) As used in this Section:

16  "Managed care organization" or "MCO" means any entity

17 which contracts with the Department to provide services where

18 payment for medical services is made on a capitated basis.

19  "Emergency services" means health care items and services,

20 including inpatient and outpatient hospital services,

21 furnished or required to evaluate and stabilize an emergency

22 medical condition. "Emergency services" include inpatient

23 stabilization services furnished during the inpatient

24 stabilization period. "Emergency services" do not include

25 post-stabilization medical services.
    SB2394 Enrolled  - 2291 - LRB104 09208 AMC 19265 b

1   "Emergency medical condition" means a medical condition

2 manifesting itself by acute symptoms of sufficient severity,

3 regardless of the final diagnosis given, such that a prudent

4 layperson, who possesses an average knowledge of health and

5 medicine, could reasonably expect the absence of immediate

6 medical attention to result in:

7   (1) placing the health of the individual (or, with

8   respect to a pregnant woman, the health of the woman or her

9   unborn child) in serious jeopardy;

10  (2) serious impairment to bodily functions;

11  (3) serious dysfunction of any bodily organ or part;

12  (4) inadequately controlled pain; or

13  (5) with respect to a pregnant woman who is having

14  contractions:

15  (A) inadequate time to complete a safe transfer to

16  another hospital before delivery; or

17  (B) a transfer to another hospital may pose a

18  threat to the health or safety of the woman or unborn

19  child.

20  "Emergency medical screening examination" means a medical

21 screening examination and evaluation by a physician licensed

22 to practice medicine in all its branches or, to the extent

23 permitted by applicable laws, by other appropriately licensed

24 personnel under the supervision of or in collaboration with a

25 physician licensed to practice medicine in all its branches to

26 determine whether the need for emergency services exists.
    SB2394 Enrolled  - 2292 - LRB104 09208 AMC 19265 b

1   "Health care services" mean any medical or behavioral

2 health services covered under the medical assistance program

3 that are subject to review under a service authorization

4 program.

5   "Inpatient stabilization period" means the initial 72

6 hours of inpatient stabilization services, beginning from the

7 date and time of the order for inpatient admission to the

8 hospital.

9   "Inpatient stabilization services" mean emergency services

10 furnished in the inpatient setting at a hospital pursuant to

11 an order for inpatient admission by a physician or other

12 qualified practitioner who has admitting privileges at the

13 hospital, as permitted by State law, to stabilize an emergency

14 medical condition following an emergency medical screening

15 examination.

16  "Post-stabilization medical services" means health care

17 services provided to an enrollee that are furnished in a

18 hospital by a provider that is qualified to furnish such

19 services and determined to be medically necessary by the

20 provider and directly related to the emergency medical

21 condition following stabilization.

22  "Provider" means a facility or individual who is actively

23 enrolled in the medical assistance program and licensed or

24 otherwise authorized to order, prescribe, refer, or render

25 health care services in this State.

26  "Service authorization determination" means a decision
    SB2394 Enrolled  - 2293 - LRB104 09208 AMC 19265 b

1 made by a service authorization program in advance of,

2 concurrent to, or after the provision of a health care service

3 to approve, change the level of care, partially deny, deny, or

4 otherwise limit coverage and reimbursement for a health care

5 service upon review of a service authorization request.

6   "Service authorization program" means any utilization

7 review, utilization management, peer review, quality review,

8 or other medical management activity conducted by an MCO, or

9 its contracted utilization review organization, including, but

10 not limited to, prior authorization, prior approval,

11 pre-certification, concurrent review, retrospective review, or

12 certification of admission, of health care services provided

13 in the inpatient or outpatient hospital setting.

14  "Service authorization request" means a request by a

15 provider to a service authorization program to determine

16 whether a health care service meets the reimbursement

17 eligibility requirements for medically necessary, clinically

18 appropriate care, resulting in the issuance of a service

19 authorization determination.

20  "Utilization review organization" or "URO" means an MCO's

21 utilization review department or a peer review organization or

22 quality improvement organization that contracts with an MCO to

23 administer a service authorization program and make service

24 authorization determinations.

25  (b) As provided by Section 5-16.12, managed care

26 organizations are subject to the provisions of the Managed
    SB2394 Enrolled  - 2294 - LRB104 09208 AMC 19265 b

1 Care Reform and Patient Rights Act.

2   (c) An MCO shall pay any provider of emergency services,

3 including for inpatient stabilization services provided during

4 the inpatient stabilization period, that does not have in

5 effect a contract with the contracted Medicaid MCO. The

6 default rate of reimbursement shall be the rate paid under

7 Illinois Medicaid fee-for-service program methodology,

8 including all policy adjusters, including but not limited to

9 Medicaid High Volume Adjustments, Medicaid Percentage

10 Adjustments, Outpatient High Volume Adjustments, and all

11 outlier add-on adjustments to the extent such adjustments are

12 incorporated in the development of the applicable MCO

13 capitated rates.

14  (d) (Blank).

15  (e) Notwithstanding any other provision of law, the

16 following requirements apply to MCOs in determining payment

17 for all emergency services, including inpatient stabilization

18 services provided during the inpatient stabilization period:

19  (1) The MCO shall not impose any service authorization

20  program requirements for emergency services, including,

21  but not limited to, prior authorization, prior approval,

22  pre-certification, certification of admission, concurrent

23  review, or retrospective review.

24  (A) Notification period: Hospitals shall notify

25  the enrollee's Medicaid MCO within 48 hours of the

26  date and time the order for inpatient admission is
    SB2394 Enrolled      - 2295 - LRB104 09208 AMC 19265 b

1   written. Notification shall be limited to advising the

2   MCO that the patient has been admitted to a hospital

3   inpatient level of care.

4   (B) If the admitting hospital complies with the

5   notification provisions of subparagraph (A), the

6   Medicaid MCO may not initiate concurrent review before

7   the end of the inpatient stabilization period. If the

8   admitting hospital does not comply with the

9   notification requirements in subparagraph (A), the

10  Medicaid MCO may initiate concurrent review for the

11  continuation of the stay beginning at the end of the

12  48-hour notification period.

13  (C) Coverage for services provided during the

14  48-hour notification period may not be retrospectively

15  denied.

16  (2) The MCO shall cover emergency services provided to

17  enrollees who are temporarily away from their residence

18  and outside the contracting area to the extent that the

19  enrollees would be entitled to the emergency services if

20  they still were within the contracting area.

21  (3) The MCO shall have no obligation to cover

22  emergency services provided on an emergency basis that are

23  not covered services under the contract between the MCO

24  and the Department.

25  (4) The MCO shall not condition coverage for emergency

26  services on the treating provider notifying the MCO of the
    SB2394 Enrolled          - 2296 - LRB104 09208 AMC 19265 b

1   enrollee's emergency medical screening examination and

2   treatment within 10 days after presentation for emergency

3   services.

4   (5) The determination of the attending emergency

5   physician, or the practitioner responsible for the

6   enrollee's care at the hospital, of whether an enrollee

7   requires inpatient stabilization services, can be

8   stabilized in the outpatient setting, or is sufficiently

9   stabilized for discharge or transfer to another setting,

10  shall be binding on the MCO. The MCO shall cover and

11  reimburse providers for emergency services as billed by

12  the provider for all enrollees whether the emergency

13  services are provided by an affiliated or non-affiliated

14  provider, except in cases of fraud. The MCO shall

15  reimburse inpatient stabilization services provided during

16  the inpatient stabilization period and billed as inpatient

17  level of care based on the appropriate inpatient

18  reimbursement methodology.

19  (6) The MCO's financial responsibility for

20  post-stabilization medical services it has not

21  pre-approved ends when:

22  (A) a plan physician with privileges at the

23  treating hospital assumes responsibility for the

24  enrollee's care;

25  (B) a plan physician assumes responsibility for

26  the enrollee's care through transfer;
    SB2394 Enrolled      - 2297 - LRB104 09208 AMC 19265 b

1              (C) a contracting entity representative and the

2   treating physician reach an agreement concerning the

3   enrollee's care; or

4              (D) the enrollee is discharged.

5   (e-5) An MCO shall pay for all post-stabilization medical

6 services as a covered service in any of the following

7 situations:

8   (1) the MCO or its URO authorized such services;

9   (2) such services were administered to maintain the

10  enrollee's stabilized condition within one hour after a

11  request to the MCO for authorization of further

12  post-stabilization services;

13  (3) the MCO or its URO did not respond to a request to

14  authorize such services within one hour;

15  (4) the MCO or its URO could not be contacted; or

16  (5) the MCO or its URO and the treating provider, if

17  the treating provider is a non-affiliated provider, could

18  not reach an agreement concerning the enrollee's care and

19  an affiliated provider was unavailable for a consultation,

20  in which case the MCO must pay for such services rendered

21  by the treating non-affiliated provider until an

22  affiliated provider was reached and either concurred with

23  the treating non-affiliated provider's plan of care or

24  assumed responsibility for the enrollee's care. Such

25  payment shall be made at the default rate of reimbursement

26  paid under the State's Medicaid fee-for-service program
    SB2394 Enrolled  - 2298 - LRB104 09208 AMC 19265 b

1   methodology, including all policy adjusters, including,

2   but not limited to, Medicaid High Volume Adjustments,

3   Medicaid Percentage Adjustments, Outpatient High Volume

4   Adjustments, and all outlier add-on adjustments to the

5   extent that such adjustments are incorporated in the

6   development of the applicable MCO capitated rates.

7   (f) Network adequacy and transparency.

8   (1) The Department shall:

9   (A) ensure that an adequate provider network is in

10  place, taking into consideration health professional

11  shortage areas and medically underserved areas;

12  (B) publicly release an explanation of its process

13  for analyzing network adequacy;

14  (C) periodically ensure that an MCO continues to

15  have an adequate network in place;

16  (D) require MCOs, including Medicaid Managed Care

17  Entities as defined in Section 5-30.2, to meet

18  provider directory requirements under Section 5-30.3;

19  (E) require MCOs to ensure that any

20  Medicaid-certified provider under contract with an MCO

21  and previously submitted on a roster on the date of

22  service is paid for any medically necessary,

23  Medicaid-covered, and authorized service rendered to

24  any of the MCO's enrollees, regardless of inclusion on

25  the MCO's published and publicly available directory

26  of available providers; and
    SB2394 Enrolled    - 2299 - LRB104 09208 AMC 19265 b

1   (F) require MCOs, including Medicaid Managed Care

2   Entities as defined in Section 5-30.2, to meet each of

3   the requirements under subsection (d-5) of Section 10

4   of the Network Adequacy and Transparency Act; with

5   necessary exceptions to the MCO's network to ensure

6   that admission and treatment with a provider or at a

7   treatment facility in accordance with the network

8   adequacy standards in paragraph (3) of subsection

9   (d-5) of Section 10 of the Network Adequacy and

10  Transparency Act is limited to providers or facilities

11  that are Medicaid certified.

12  (2) Each MCO shall confirm its receipt of information

13  submitted specific to physician or dentist additions or

14  physician or dentist deletions from the MCO's provider

15  network within 3 days after receiving all required

16  information from contracted physicians or dentists, and

17  electronic physician and dental directories must be

18  updated consistent with current rules as published by the

19  Centers for Medicare and Medicaid Services or its

20  successor agency.

21  (g) Timely payment of claims.

22  (1) The MCO shall pay a claim within 30 days of

23  receiving a claim that contains all the essential

24  information needed to adjudicate the claim.

25  (2) The MCO shall notify the billing party of its

26  inability to adjudicate a claim within 30 days of
    SB2394 Enrolled        - 2300 - LRB104 09208 AMC 19265 b

1   receiving that claim.

2   (3) The MCO shall pay a penalty that is at least equal

3   to the timely payment interest penalty imposed under

4   Section 368a of the Illinois Insurance Code for any claims

5   not timely paid.

6   (A) When an MCO is required to pay a timely payment

7   interest penalty to a provider, the MCO must calculate

8   and pay the timely payment interest penalty that is

9   due to the provider within 30 days after the payment of

10  the claim. In no event shall a provider be required to

11  request or apply for payment of any owed timely

12  payment interest penalties.

13  (B) Such payments shall be reported separately

14  from the claim payment for services rendered to the

15  MCO's enrollee and clearly identified as interest

16  payments.

17  (4)(A) The Department shall require MCOs to expedite

18  payments to providers identified on the Department's

19  expedited provider list, determined in accordance with 89

20  Ill. Adm. Code 140.71(b), on a schedule at least as

21  frequently as the providers are paid under the

22  Department's fee-for-service expedited provider schedule.

23  (B) Compliance with the expedited provider requirement

24  may be satisfied by an MCO through the use of a Periodic

25  Interim Payment (PIP) program that has been mutually

26  agreed to and documented between the MCO and the provider,
    SB2394 Enrolled    - 2301 - LRB104 09208 AMC 19265 b

1   if the PIP program ensures that any expedited provider

2   receives regular and periodic payments based on prior

3   period payment experience from that MCO. Total payments

4   under the PIP program may be reconciled against future PIP

5   payments on a schedule mutually agreed to between the MCO

6   and the provider.

7   (C) The Department shall share at least monthly its

8   expedited provider list and the frequency with which it

9   pays providers on the expedited list.

10  (g-5) Recognizing that the rapid transformation of the

11 Illinois Medicaid program may have unintended operational

12 challenges for both payers and providers:

13  (1) in no instance shall a medically necessary covered

14  service rendered in good faith, based upon eligibility

15  information documented by the provider, be denied coverage

16  or diminished in payment amount if the eligibility or

17  coverage information available at the time the service was

18  rendered is later found to be inaccurate in the assignment

19  of coverage responsibility between MCOs or the

20  fee-for-service system, except for instances when an

21  individual is deemed to have not been eligible for

22  coverage under the Illinois Medicaid program; and

23  (2) the Department shall, by December 31, 2016, adopt

24  rules establishing policies that shall be included in the

25  Medicaid managed care policy and procedures manual

26  addressing payment resolutions in situations in which a
    SB2394 Enrolled         - 2302 - LRB104 09208 AMC 19265 b

1   provider renders services based upon information obtained

2   after verifying a patient's eligibility and coverage plan

3   through either the Department's current enrollment system

4   or a system operated by the coverage plan identified by

5   the patient presenting for services:

6   (A) such medically necessary covered services

7   shall be considered rendered in good faith;

8   (B) such policies and procedures shall be

9   developed           in  consultation  with   industry

10  representatives of the Medicaid managed care health

11  plans and representatives of provider associations

12  representing the majority of providers within the

13  identified provider industry; and

14  (C) such rules shall be published for a review and

15  comment period of no less than 30 days on the

16  Department's website with final rules remaining

17  available on the Department's website.

18  The rules on payment resolutions shall include, but

19  not be limited to:

20  (A) the extension of the timely filing period;

21  (B) retroactive prior authorizations; and

22  (C) guaranteed minimum payment rate of no less

23  than the current, as of the date of service,

24  fee-for-service rate, plus all applicable add-ons,

25  when the resulting service relationship is out of

26  network.
    SB2394 Enrolled  - 2303 - LRB104 09208 AMC 19265 b

1   The rules shall be applicable for both MCO coverage

2   and fee-for-service coverage.

3   If the fee-for-service system is ultimately determined to

4 have been responsible for coverage on the date of service, the

5 Department shall provide for an extended period for claims

6 submission outside the standard timely filing requirements.

7   (g-6) MCO Performance Metrics Report.

8   (1) The Department shall publish, on at least a

9   quarterly basis, each MCO's operational performance,

10  including, but not limited to, the following categories of

11  metrics:

12         (A) claims payment, including timeliness and

13  accuracy;

14         (B) prior authorizations;

15         (C) grievance and appeals;

16         (D) utilization statistics;

17         (E) provider disputes;

18         (F) provider credentialing; and

19         (G) member and provider customer service.

20  (2) The Department shall ensure that the metrics

21  report is accessible to providers online by January 1,

22  2017.

23  (3) The metrics shall be developed in consultation

24  with industry representatives of the Medicaid managed care

25  health plans and representatives of associations

26  representing the majority of providers within the
    SB2394 Enrolled       - 2304 - LRB104 09208 AMC 19265 b

1   identified industry.

2   (4) Metrics shall be defined and incorporated into the

3   applicable Managed Care Policy Manual issued by the

4   Department.

5   (g-7) MCO claims processing and performance analysis. In

6 order to monitor MCO payments to hospital providers, pursuant

7 to Public Act 100-580, the Department shall post an analysis

8 of MCO claims processing and payment performance on its

9 website every 6 months. Such analysis shall include a review

10 and evaluation of a representative sample of hospital claims

11 that are rejected and denied for clean and unclean claims and

12 the top 5 reasons for such actions and timeliness of claims

13 adjudication, which identifies the percentage of claims

14 adjudicated within 30, 60, 90, and over 90 days, and the dollar

15 amounts associated with those claims.

16  (g-8) Dispute resolution process. The Department shall

17 maintain a provider complaint portal through which a provider

18 can submit to the Department unresolved disputes with an MCO.

19 An unresolved dispute means an MCO's decision that denies in

20 whole or in part a claim for reimbursement to a provider for

21 health care services rendered by the provider to an enrollee

22 of the MCO with which the provider disagrees. Disputes shall

23 not be submitted to the portal until the provider has availed

24 itself of the MCO's internal dispute resolution process.

25 Disputes that are submitted to the MCO internal dispute

26 resolution process may be submitted to the Department of
SB2394 Enrolled  - 2305 - LRB104 09208 AMC 19265 b

 1 Healthcare and Family Services' complaint portal no sooner
 2 than 30 days after submitting to the MCO's internal process
 3 and not later than 30 days after the unsatisfactory resolution
 4 of the internal MCO process or 60 days after submitting the
 5 dispute to the MCO internal process. Multiple claim disputes
 6 involving the same MCO may be submitted in one complaint,
 7 regardless of whether the claims are for different enrollees,
 8 when the specific reason for non-payment of the claims
 9 involves a common question of fact or policy. Within 10
10 business days of receipt of a complaint, the Department shall
11 present such disputes to the appropriate MCO, which shall then
12 have 30 days to issue its written proposal to resolve the
13 dispute. The Department may grant one 30-day extension of this
14 time frame to one of the parties to resolve the dispute. If the
15 dispute remains unresolved at the end of this time frame or the
16 provider is not satisfied with the MCO's written proposal to
17 resolve the dispute, the provider may, within 30 days, request
18 the Department to review the dispute and make a final
19 determination. Within 30 days of the request for Department
20 review of the dispute, both the provider and the MCO shall
21 present all relevant information to the Department for
22 resolution and make individuals with knowledge of the issues
23 available to the Department for further inquiry if needed.
24 Within 30 days of receiving the relevant information on the
25 dispute, or the lapse of the period for submitting such
26 information, the Department shall issue a written decision on
    SB2394 Enrolled  - 2306 - LRB104 09208 AMC 19265 b

1 the dispute based on contractual terms between the provider

2 and the MCO, contractual terms between the MCO and the

3 Department of Healthcare and Family Services and applicable

4 Medicaid policy. The decision of the Department shall be

5 final. By January 1, 2020, the Department shall establish by

6 rule further details of this dispute resolution process.

7 Disputes between MCOs and providers presented to the

8 Department for resolution are not contested cases, as defined

9 in Section 1-30 of the Illinois Administrative Procedure Act,

10 conferring any right to an administrative hearing.

11  (g-9)(1) The Department shall publish annually on its

12 website a report on the calculation of each managed care

13 organization's medical loss ratio showing the following:

14  (A) Premium revenue, with appropriate adjustments.

15  (B) Benefit expense, setting forth the aggregate

16  amount spent for the following:

17  (i) Direct paid claims.

18  (ii) Subcapitation payments.

19  (iii) Other claim payments.

20  (iv) Direct reserves.

21  (v) Gross recoveries.

22  (vi) Expenses for activities that improve health

23  care quality as allowed by the Department.

24  (2) The medical loss ratio shall be calculated consistent

25 with federal law and regulation following a claims runout

26 period determined by the Department.
    SB2394 Enrolled      - 2307 - LRB104 09208 AMC 19265 b

1   (g-10)(1) "Liability effective date" means the date on

2 which an MCO becomes responsible for payment for medically

3 necessary and covered services rendered by a provider to one

4 of its enrollees in accordance with the contract terms between

5 the MCO and the provider. The liability effective date shall

6 be the later of:

7   (A) The execution date of a network participation

8   contract agreement.

9   (B) The date the provider or its representative

10  submits to the MCO the complete and accurate standardized

11  roster form for the provider in the format approved by the

12  Department.

13  (C) The provider effective date contained within the

14  Department's provider enrollment subsystem within the

15  Illinois Medicaid Program Advanced Cloud Technology

16  (IMPACT) System.

17  (2) The standardized roster form may be submitted to the

18 MCO at the same time that the provider submits an enrollment

19 application to the Department through IMPACT.

20  (3) By October 1, 2019, the Department shall require all

21 MCOs to update their provider directory with information for

22 new practitioners of existing contracted providers within 30

23 days of receipt of a complete and accurate standardized roster

24 template in the format approved by the Department provided

25 that the provider is effective in the Department's provider

26 enrollment subsystem within the IMPACT system. Such provider
    SB2394 Enrolled   - 2308 - LRB104 09208 AMC 19265 b

1 directory shall be readily accessible for purposes of

2 selecting an approved health care provider and comply with all

3 other federal and State requirements.

4   (g-11) The Department shall work with relevant

5 stakeholders on the development of operational guidelines to

6 enhance and improve operational performance of Illinois'

7 Medicaid managed care program, including, but not limited to,

8 improving provider billing practices, reducing claim

9 rejections and inappropriate payment denials, and

10 standardizing processes, procedures, definitions, and response

11 timelines, with the goal of reducing provider and MCO

12 administrative burdens and conflict. The Department shall

13 include a report on the progress of these program improvements

14 and other topics in its Fiscal Year 2020 annual report to the

15 General Assembly.

16  (g-12) Notwithstanding any other provision of law, if the

17 Department or an MCO requires submission of a claim for

18 payment in a non-electronic format, a provider shall always be

19 afforded a period of no less than 90 business days, as a

20 correction period, following any notification of rejection by

21 either the Department or the MCO to correct errors or

22 omissions in the original submission.

23  Under no circumstances, either by an MCO or under the

24 State's fee-for-service system, shall a provider be denied

25 payment for failure to comply with any timely submission

26 requirements under this Code or under any existing contract,
    SB2394 Enrolled  - 2309 - LRB104 09208 AMC 19265 b

1 unless the non-electronic format claim submission occurs after

2 the initial 180 days following the latest date of service on

3 the claim, or after the 90 business days correction period

4 following notification to the provider of rejection or denial

5 of payment.

6   (g-13) Utilization Review Standardization and

7 Transparency.

8   (1) To ensure greater standardization and transparency

9   related to service authorization determinations, for all

10  individuals covered under the medical assistance program,

11  including both the fee-for-service and managed care

12  programs, the Department shall, in consultation with the

13  MCOs, a statewide association representing the MCOs, a

14  statewide association representing the majority of

15  Illinois hospitals, a statewide association representing

16  physicians, or any other interested parties deemed

17  appropriate by the Department, adopt administrative rules

18  consistent with this subsection, in accordance with the

19  Illinois Administrative Procedure Act.

20  (2) Prior to July 1, 2025, the Department shall in

21  accordance with the Illinois Administrative Procedure Act

22  adopt rules which govern MCO practices for dates of

23  services on and after July 1, 2025, as follows:

24             (A) guidelines related to the publication of MCO

25  authorization policies;

26             (B) procedures that, due to medical complexity,
    SB2394 Enrolled  - 2310 - LRB104 09208 AMC 19265 b

1   must be reimbursed under the applicable inpatient

2   methodology, when provided in the inpatient setting

3   and billed as an inpatient service;

4   (C) standardization of administrative forms used

5   in the member appeal process;

6   (D) limitations on second or subsequent medical

7   necessity review of a health care service already

8   authorized by the MCO or URO under a service

9   authorization program;

10  (E) standardization of peer-to-peer processes and

11  timelines;

12  (F) defined criteria for urgent and standard

13  post-acute care service authorization requests; and

14  (G) standardized criteria for service

15  authorization programs for authorization of admission

16  to a long-term acute care hospital.

17  (3) The Department shall expand the scope of the

18  quality and compliance audits conducted by its contracted

19  external quality review organization to include, but not

20  be limited to:

21  (A) an analysis of the Medicaid MCO's compliance

22  with nationally recognized clinical decision

23  guidelines;

24  (B) an analysis that compares and contrasts the

25  Medicaid MCO's service authorization determination

26  outcomes to the outcomes of each other MCO plan and the
    SB2394 Enrolled  - 2311 - LRB104 09208 AMC 19265 b

1   State's fee-for-service program model to evaluate

2   whether service authorization determinations are being

3   made consistently by all Medicaid MCOs to ensure that

4   all individuals are being treated in accordance with

5   equitable standards of care;

6        (C) an analysis, for each Medicaid MCO, of the

7   number of service authorization requests, including

8   requests for concurrent review and certification of

9   admissions, received, initially denied, overturned

10  through any post-denial process including, but not

11  limited to, enrollee or provider appeal, peer-to-peer

12  review, or the provider dispute resolution process,

13  denied but approved for a lower or different level of

14  care, and the number denied on final determination;

15  and

16       (D) provide a written report to the General

17  Assembly, detailing the items listed in this

18  subsection and any other metrics deemed necessary by

19  the Department, by the second April, following June 7,

20  2024 (the effective date of Public Act 103-593) this

21  amendatory Act of the 103rd General Assembly, and each

22  April thereafter. The Department shall make this

23  report available within 30 days of delivery to the

24  General Assembly, on its public facing website.

25  (h) The Department shall not expand mandatory MCO

26 enrollment into new counties beyond those counties already
   SB2394 Enrolled  - 2312 - LRB104 09208 AMC 19265 b

1 designated by the Department as of June 1, 2014 for the

2 individuals whose eligibility for medical assistance is not

3 the seniors or people with disabilities population until the

4 Department provides an opportunity for accountable care

5 entities and MCOs to participate in such newly designated

6 counties.

7  (h-5) Leading indicator data sharing. By January 1, 2024,

8 the Department shall obtain input from the Department of Human

9 Services, the Department of Juvenile Justice, the Department

10 of Children and Family Services, the State Board of Education,

11 managed care organizations, providers, and clinical experts to

12 identify and analyze key indicators and data elements that can

13 be used in an analysis of lead indicators from assessments and

14 data sets available to the Department that can be shared with

15 managed care organizations and similar care coordination

16 entities contracted with the Department as leading indicators

17 for elevated behavioral health crisis risk for children,

18 including data sets such as the Illinois Medicaid

19 Comprehensive Assessment of Needs and Strengths (IM-CANS),

20 calls made to the State's Crisis and Referral Entry Services

21 (CARES) hotline, health services information from Health and

22 Human Services Innovators, or other data sets that may include

23 key indicators. The workgroup shall complete its

24 recommendations for leading indicator data elements on or

25 before September 1, 2024. To the extent permitted by State and

26 federal law, the identified leading indicators shall be shared
    SB2394 Enrolled  - 2313 - LRB104 09208 AMC 19265 b

1 with managed care organizations and similar care coordination

2 entities contracted with the Department on or before December

3 1, 2024 for the purpose of improving care coordination with

4 the early detection of elevated risk. Leading indicators shall

5 be reassessed annually with stakeholder input. The Department

6 shall implement guidance to managed care organizations and

7 similar care coordination entities contracted with the

8 Department, so that the managed care organizations and care

9 coordination entities respond to lead indicators with services

10 and interventions that are designed to help stabilize the

11 child.

12  (i) The requirements of this Section apply to contracts

13 with accountable care entities and MCOs entered into, amended,

14 or renewed after June 16, 2014 (the effective date of Public

15 Act 98-651).

16  (j) Health care information released to managed care

17 organizations. A health care provider shall release to a

18 Medicaid managed care organization, upon request, and subject

19 to the Health Insurance Portability and Accountability Act of

20 1996 and any other law applicable to the release of health

21 information, the health care information of the MCO's

22 enrollee, if the enrollee has completed and signed a general

23 release form that grants to the health care provider

24 permission to release the recipient's health care information

25 to the recipient's insurance carrier.

26  (k) The Department of Healthcare and Family Services,
    SB2394 Enrolled    - 2314 - LRB104 09208 AMC 19265 b

1 managed care organizations, a statewide organization

2 representing hospitals, and a statewide organization

3 representing safety-net hospitals shall explore ways to

4 support billing departments in safety-net hospitals.

5   (l) The requirements of this Section added by Public Act

6 102-4 shall apply to services provided on or after the first

7 day of the month that begins 60 days after April 27, 2021 (the

8 effective date of Public Act 102-4).

9   (m) Except where otherwise expressly specified, the

10 requirements of this Section added by Public Act 103-593 this

11 amendatory Act of the 103rd General Assembly shall apply to

12 services provided on or after July 1, 2025.

13 (Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21;

14 102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff.

15 5-13-22; 103-546, eff. 8-11-23; 103-593, eff. 6-7-24; 103-885,

16 eff. 8-9-24; revised 10-7-24.)

17  (305 ILCS 5/5-52)

18  Sec. 5-52. Custom prosthetic and orthotic devices;

19 reimbursement rates. Subject to federal approval, for dates of

20 service beginning on and after January 1, 2025, the Department

21 shall increase the current 2024 Medicaid rate by 7% under the

22 medical assistance program for custom prosthetic and orthotic

23 devices.

24 (Source: P.A. 103-593, eff. 6-7-24.)
    SB2394 Enrolled        - 2315 - LRB104 09208 AMC 19265 b

1   (305 ILCS 5/5-56)

2   (This Section may contain text from a Public Act with a

3 delayed effective date)

4   Sec. 5-56 5-52. Coverage for hormonal therapy to treat

5 menopause. The medical assistance program shall provide

6 coverage for medically necessary hormone therapy treatment to

7 treat menopause that has been induced by a hysterectomy.

8 (Source: P.A. 103-703, eff. 1-1-26; revised 10-2-24.)

9   (305 ILCS 5/5-57)

10  Sec. 5-57 5-52. Genetic testing and evidence-based

11 screenings for an inherited gene mutation.

12  (a) In this Section, "genetic testing for an inherited

13 mutation" means germline multi-gene testing for an inherited

14 mutation associated with an increased risk of cancer in

15 accordance with evidence-based, clinical practice guidelines.

16  (b) Subject to federal approval, the medical assistance

17 program, after January 1, 2026, shall provide coverage for

18 clinical genetic testing for an inherited gene mutation for

19 individuals with a personal or family history of cancer, as

20 recommended by a health care professional in accordance with

21 current evidence-based clinical practice guidelines,

22 including, but not limited to, the current version of the

23 National Comprehensive Cancer Network clinical practice

24 guidelines.

25  (c) For individuals with a genetic test that is positive
    SB2394 Enrolled     - 2316 - LRB104 09208 AMC 19265 b

 1 for an inherited mutation associated with an increased risk of
 2 cancer, coverage required under this Section shall include any
 3 evidence-based screenings, as recommended by a health care
 4 professional in accordance with current evidence-based
 5 clinical practice guidelines, to the extent that the
 6 management recommendation is not already covered by the
 7 medical assistance program. In this subsection,
 8 "evidence-based cancer screenings" means medically recommended
 9 evidence-based screening modalities in accordance with current
10 clinical practice guidelines.
11 (Source: P.A. 103-914, eff. 1-1-25; revised 12-3-24.)

12  (305 ILCS 5/14-12)

13  Sec. 14-12. Hospital rate reform payment system. The

14 hospital payment system pursuant to Section 14-11 of this

15 Article shall be as follows:

16  (a) Inpatient hospital services. Effective for discharges

17 on and after July 1, 2014, reimbursement for inpatient general

18 acute care services shall utilize the All Patient Refined

19 Diagnosis Related Grouping (APR-DRG) software, version 30,

20  distributed by 3MTM Health Information System.

21  (1) The Department shall establish Medicaid weighting

22  factors to be used in the reimbursement system established

23  under this subsection. Initial weighting factors shall be

24  the weighting factors as published by 3M Health

25  Information System, associated with Version 30.0 adjusted
    SB2394 Enrolled       - 2317 - LRB104 09208 AMC 19265 b

1   for the Illinois experience.

2   (2)              The  Department  shall      establish  a

3   statewide-standardized amount to be used in the inpatient

4   reimbursement system. The Department shall publish these

5   amounts on its website no later than 10 calendar days

6   prior to their effective date.

7   (3) In addition to the statewide-standardized amount,

8   the Department shall develop adjusters to adjust the rate

9   of reimbursement for critical Medicaid providers or

10  services for trauma, transplantation services, perinatal

11  care, and Graduate Medical Education (GME).

12  (4) The Department shall develop add-on payments to

13  account for exceptionally costly inpatient stays,

14  consistent with Medicare outlier principles. Outlier fixed

15  loss thresholds may be updated to control for excessive

16  growth in outlier payments no more frequently than on an

17  annual basis, but at least once every 4 years. Upon

18  updating the fixed loss thresholds, the Department shall

19  be required to update base rates within 12 months.

20  (5) The Department shall define those hospitals or

21  distinct parts of hospitals that shall be exempt from the

22  APR-DRG reimbursement system established under this

23  Section. The Department shall publish these hospitals'

24  inpatient rates on its website no later than 10 calendar

25  days prior to their effective date.

26  (6) Beginning July 1, 2014 and ending on December 31,
    SB2394 Enrolled             - 2318 - LRB104 09208 AMC 19265 b

1   2023, in addition to the statewide-standardized amount,

2   the Department shall develop an adjustor to adjust the

3   rate of reimbursement for safety-net hospitals defined in

4   Section 5-5e.1 of this Code excluding pediatric hospitals.

5   (7) Beginning July 1, 2014, in addition to the

6   statewide-standardized amount, the Department shall

7   develop an adjustor to adjust the rate of reimbursement

8   for Illinois freestanding inpatient psychiatric hospitals

9   that are not designated as children's hospitals by the

10  Department but are primarily treating patients under the

11  age of 21.

12  (7.5) (Blank).

13  (8) Beginning July 1, 2018, in addition to the

14  statewide-standardized amount, the Department shall adjust

15  the rate of reimbursement for hospitals designated by the

16  Department of Public Health as a Perinatal Level II or II+

17  center by applying the same adjustor that is applied to

18  Perinatal and Obstetrical care cases for Perinatal Level

19  III centers, as of December 31, 2017.

20  (9) Beginning July 1, 2018, in addition to the

21  statewide-standardized amount, the Department shall apply

22  the same adjustor that is applied to trauma cases as of

23  December 31, 2017 to inpatient claims to treat patients

24  with burns, including, but not limited to, APR-DRGs 841,

25  842, 843, and 844.

26  (10)             Beginning  July       1,  2018,  the
    SB2394 Enrolled        - 2319 - LRB104 09208 AMC 19265 b

1   statewide-standardized amount for inpatient general acute

2   care services shall be uniformly increased so that base

3   claims projected reimbursement is increased by an amount

4   equal to the funds allocated in paragraph (1) of

5   subsection (b) of Section 5A-12.6, less the amount

6   allocated under paragraphs (8) and (9) of this subsection

7   and paragraphs (3) and (4) of subsection (b) multiplied by

8   40%.

9   (11) Beginning July 1, 2018, the reimbursement for

10  inpatient rehabilitation services shall be increased by

11  the addition of a $96 per day add-on.

12  (b) Outpatient hospital services. Effective for dates of

13 service on and after July 1, 2014, reimbursement for

14 outpatient services shall utilize the Enhanced Ambulatory

15 Procedure Grouping (EAPG) software, version 3.7 distributed by

16  3MTM Health Information System.

17  (1) The Department shall establish Medicaid weighting

18  factors to be used in the reimbursement system established

19  under this subsection. The initial weighting factors shall

20  be the weighting factors as published by 3M Health

21  Information System, associated with Version 3.7.

22  (2) The Department shall establish service specific

23  statewide-standardized amounts to be used in the

24  reimbursement system.

25        (A) The initial statewide standardized amounts,

26  with the labor portion adjusted by the Calendar Year
    SB2394 Enrolled  - 2320 - LRB104 09208 AMC 19265 b

1   2013 Medicare Outpatient Prospective Payment System

2   wage index with reclassifications, shall be published

3   by the Department on its website no later than 10

4   calendar days prior to their effective date.

5   (B) The Department shall establish adjustments to

6   the statewide-standardized amounts for each Critical

7   Access Hospital, as designated by the Department of

8   Public Health in accordance with 42 CFR 485, Subpart

9   F. For outpatient services provided on or before June

10  30, 2018, the EAPG standardized amounts are determined

11  separately for each critical access hospital such that

12  simulated EAPG payments using outpatient base period

13  paid claim data plus payments under Section 5A-12.4 of

14  this Code net of the associated tax costs are equal to

15  the estimated costs of outpatient base period claims

16  data with a rate year cost inflation factor applied.

17  (3) In addition to the statewide-standardized amounts,

18  the Department shall develop adjusters to adjust the rate

19  of reimbursement for critical Medicaid hospital outpatient

20  providers or services, including outpatient high volume or

21  safety-net hospitals. Beginning July 1, 2018, the

22  outpatient high volume adjustor shall be increased to

23  increase annual expenditures associated with this adjustor

24  by $79,200,000, based on the State Fiscal Year 2015 base

25  year data and this adjustor shall apply to public

26  hospitals, except for large public hospitals, as defined
    SB2394 Enrolled     - 2321 - LRB104 09208 AMC 19265 b

1   under 89 Ill. Adm. Code 148.25(a).

2   (4) Beginning July 1, 2018, in addition to the

3   statewide standardized amounts, the Department shall make

4   an add-on payment for outpatient expensive devices and

5   drugs. This add-on payment shall at least apply to claim

6   lines that: (i) are assigned with one of the following

7   EAPGs: 490, 1001 to 1020, and coded with one of the

8   following revenue codes: 0274 to 0276, 0278; or (ii) are

9   assigned with one of the following EAPGs: 430 to 441, 443,

10  444, 460 to 465, 495, 496, 1090. The add-on payment shall

11  be calculated as follows: the claim line's covered charges

12  multiplied by the hospital's total acute cost to charge

13  ratio, less the claim line's EAPG payment plus $1,000,

14  multiplied by 0.8.

15  (5) Beginning July 1, 2018, the statewide-standardized

16  amounts for outpatient services shall be increased by a

17  uniform percentage so that base claims projected

18  reimbursement is increased by an amount equal to no less

19  than the funds allocated in paragraph (1) of subsection

20  (b) of Section 5A-12.6, less the amount allocated under

21  paragraphs (8) and (9) of subsection (a) and paragraphs

22  (3) and (4) of this subsection multiplied by 46%.

23  (6) Effective for dates of service on or after July 1,

24  2018, the Department shall establish adjustments to the

25  statewide-standardized amounts for each Critical Access

26  Hospital, as designated by the Department of Public Health
    SB2394 Enrolled       - 2322 - LRB104 09208 AMC 19265 b

1   in accordance with 42 CFR 485, Subpart F, such that each

2   Critical Access Hospital's standardized amount for

3   outpatient services shall be increased by the applicable

4   uniform percentage determined pursuant to paragraph (5) of

5   this subsection. It is the intent of the General Assembly

6   that the adjustments required under this paragraph (6) by

7   Public Act 100-1181 shall be applied retroactively to

8   claims for dates of service provided on or after July 1,

9   2018.

10  (7) Effective for dates of service on or after March

11  8, 2019 (the effective date of Public Act 100-1181), the

12  Department shall recalculate and implement an updated

13  statewide-standardized amount for outpatient services

14  provided by hospitals that are not Critical Access

15  Hospitals to reflect the applicable uniform percentage

16  determined pursuant to paragraph (5).

17         (1)       Any  recalculation    to  the

18  statewide-standardized amounts for outpatient services

19  provided by hospitals that are not Critical Access

20  Hospitals shall be the amount necessary to achieve the

21  increase in the statewide-standardized amounts for

22  outpatient services increased by a uniform percentage,

23  so that base claims projected reimbursement is

24  increased by an amount equal to no less than the funds

25  allocated in paragraph (1) of subsection (b) of

26  Section 5A-12.6, less the amount allocated under
    SB2394 Enrolled     - 2323 - LRB104 09208 AMC 19265 b

1   paragraphs (8) and (9) of subsection (a) and

2   paragraphs (3) and (4) of this subsection, for all

3   hospitals that are not Critical Access Hospitals,

4   multiplied by 46%.

5   (2) It is the intent of the General Assembly that

6   the recalculations required under this paragraph (7)

7   by Public Act 100-1181 shall be applied prospectively

8   to claims for dates of service provided on or after

9   March 8, 2019 (the effective date of Public Act

10  100-1181) and that no recoupment or repayment by the

11  Department or an MCO of payments attributable to

12  recalculation under this paragraph (7), issued to the

13  hospital for dates of service on or after July 1, 2018

14  and before March 8, 2019 (the effective date of Public

15  Act 100-1181), shall be permitted.

16  (8) The Department shall ensure that all necessary

17  adjustments to the managed care organization capitation

18  base rates necessitated by the adjustments under

19  subparagraph (6) or (7) of this subsection are completed

20  and applied retroactively in accordance with Section

21  5-30.8 of this Code within 90 days of March 8, 2019 (the

22  effective date of Public Act 100-1181).

23  (9) Within 60 days after federal approval of the

24  change made to the assessment in Section 5A-2 by Public

25  Act 101-650, the Department shall incorporate into the

26  EAPG system for outpatient services those services
    SB2394 Enrolled  - 2324 - LRB104 09208 AMC 19265 b

1   performed by hospitals currently billed through the

2   Non-Institutional Provider billing system.

3   (b-5) Notwithstanding any other provision of this Section,

4 beginning with dates of service on and after January 1, 2023,

5 any general acute care hospital with more than 500 outpatient

6 psychiatric Medicaid services to persons under 19 years of age

7 in any calendar year shall be paid the outpatient add-on

8 payment of no less than $113.

9   (c) In consultation with the hospital community, the

10 Department is authorized to replace 89 Ill. Adm. Code 152.150

11 as published in 38 Ill. Reg. 4980 through 4986 within 12 months

12 of June 16, 2014 (the effective date of Public Act 98-651). If

13 the Department does not replace these rules within 12 months

14 of June 16, 2014 (the effective date of Public Act 98-651), the

15 rules in effect for 152.150 as published in 38 Ill. Reg. 4980

16 through 4986 shall remain in effect until modified by rule by

17 the Department. Nothing in this subsection shall be construed

18 to mandate that the Department file a replacement rule.

19  (d) Transition period. There shall be a transition period

20 to the reimbursement systems authorized under this Section

21 that shall begin on the effective date of these systems and

22 continue until June 30, 2018, unless extended by rule by the

23 Department. To help provide an orderly and predictable

24 transition to the new reimbursement systems and to preserve

25 and enhance access to the hospital services during this

26 transition, the Department shall allocate a transitional
    SB2394 Enrolled  - 2325 - LRB104 09208 AMC 19265 b

1 hospital access pool of at least $290,000,000 annually so that

2 transitional hospital access payments are made to hospitals.

3   (1) After the transition period, the Department may

4   begin incorporating the transitional hospital access pool

5   into the base rate structure; however, the transitional

6   hospital access payments in effect on June 30, 2018 shall

7   continue to be paid, if continued under Section 5A-16.

8   (2) After the transition period, if the Department

9   reduces payments from the transitional hospital access

10  pool, it shall increase base rates, develop new adjustors,

11  adjust current adjustors, develop new hospital access

12  payments based on updated information, or any combination

13  thereof by an amount equal to the decreases proposed in

14  the transitional hospital access pool payments, ensuring

15  that the entire transitional hospital access pool amount

16  shall continue to be used for hospital payments.

17  (d-5) Hospital and health care transformation program. The

18 Department shall develop a hospital and health care

19 transformation program to provide financial assistance to

20 hospitals in transforming their services and care models to

21 better align with the needs of the communities they serve. The

22 payments authorized in this Section shall be subject to

23 approval by the federal government.

24  (1) Phase 1. In State fiscal years 2019 through 2020,

25  the Department shall allocate funds from the transitional

26  access hospital pool to create a hospital transformation
    SB2394 Enrolled      - 2326 - LRB104 09208 AMC 19265 b

1   pool of at least $262,906,870 annually and make hospital

2   transformation payments to hospitals. Subject to Section

3   5A-16, in State fiscal years 2019 and 2020, an Illinois

4   hospital that received either a transitional hospital

5   access payment under subsection (d) or a supplemental

6   payment under subsection (f) of this Section in State

7   fiscal year 2018, shall receive a hospital transformation

8   payment as follows:

9   (A) If the hospital's Rate Year 2017 Medicaid

10  inpatient utilization rate is equal to or greater than

11  45%, the hospital transformation payment shall be

12  equal to 100% of the sum of its transitional hospital

13  access payment authorized under subsection (d) and any

14  supplemental payment authorized under subsection (f).

15  (B) If the hospital's Rate Year 2017 Medicaid

16  inpatient utilization rate is equal to or greater than

17  25% but less than 45%, the hospital transformation

18  payment shall be equal to 75% of the sum of its

19  transitional hospital access payment authorized under

20  subsection (d) and any supplemental payment authorized

21  under subsection (f).

22  (C) If the hospital's Rate Year 2017 Medicaid

23  inpatient utilization rate is less than 25%, the

24  hospital transformation payment shall be equal to 50%

25  of the sum of its transitional hospital access payment

26  authorized under subsection (d) and any supplemental
    SB2394 Enrolled  - 2327 - LRB104 09208 AMC 19265 b

1   payment authorized under subsection (f).

2   (2) Phase 2.

3   (A) The funding amount from phase one shall be

4   incorporated into directed payment and pass-through

5   payment methodologies described in Section 5A-12.7.

6   (B) Because there are communities in Illinois that

7   experience significant health care disparities due to

8   systemic racism, as recently emphasized by the

9   COVID-19 pandemic, aggravated by social determinants

10  of health and a lack of sufficiently allocated health

11  care             healthcare  resources,   particularly

12  community-based services, preventive care, obstetric

13  care, chronic disease management, and specialty care,

14  the Department shall establish a health care

15  transformation program that shall be supported by the

16  transformation funding pool. It is the intention of

17  the General Assembly that innovative partnerships

18  funded by the pool must be designed to establish or

19  improve integrated health care delivery systems that

20  will provide significant access to the Medicaid and

21  uninsured populations in their communities, as well as

22  improve health care equity. It is also the intention

23  of the General Assembly that partnerships recognize

24  and address the disparities revealed by the COVID-19

25  pandemic, as well as the need for post-COVID care.

26  During State fiscal years 2021 through 2027, the
    SB2394 Enrolled  - 2328 - LRB104 09208 AMC 19265 b

1   hospital and health care transformation program shall

2   be supported by an annual transformation funding pool

3   of up to $150,000,000, pending federal matching funds,

4   to be allocated during the specified fiscal years for

5   the purpose of facilitating hospital and health care

6   transformation. No disbursement of moneys for

7   transformation projects from the transformation

8   funding pool described under this Section shall be

9   considered an award, a grant, or an expenditure of

10  grant funds. Funding agreements made in accordance

11  with the transformation program shall be considered

12  purchases of care under the Illinois Procurement Code,

13  and funds shall be expended by the Department in a

14  manner that maximizes federal funding to expend the

15  entire allocated amount.

16  The Department shall convene, within 30 days after

17  March 12, 2021 (the effective date of Public Act

18  101-655), a workgroup that includes subject matter

19  experts on health care healthcare disparities and

20  stakeholders from distressed communities, which could

21  be a subcommittee of the Medicaid Advisory Committee,

22  to review and provide recommendations on how

23  Department policy, including health care

24  transformation, can improve health disparities and the

25  impact on communities disproportionately affected by

26  COVID-19. The workgroup shall consider and make
    SB2394 Enrolled  - 2329 - LRB104 09208 AMC 19265 b

1   recommendations on the following issues: a community

2   safety-net designation of certain hospitals, racial

3   equity, and a regional partnership to bring additional

4   specialty services to communities.

5   (C) As provided in paragraph (9) of Section 3 of

6   the Illinois Health Facilities Planning Act, any

7   hospital participating in the transformation program

8   may be excluded from the requirements of the Illinois

9   Health Facilities Planning Act for those projects

10  related to the hospital's transformation. To be

11  eligible, the hospital must submit to the Health

12  Facilities and Services Review Board approval from the

13  Department that the project is a part of the

14  hospital's transformation.

15  (D) As provided in subsection (a-20) of Section

16  32.5 of the Emergency Medical Services (EMS) Systems

17  Act, a hospital that received hospital transformation

18  payments under this Section may convert to a

19  freestanding emergency center. To be eligible for such

20  a conversion, the hospital must submit to the

21  Department of Public Health approval from the

22  Department that the project is a part of the

23  hospital's transformation.

24  (E) Criteria for proposals. To be eligible for

25  funding under this Section, a transformation proposal

26  shall meet all of the following criteria:
    SB2394 Enrolled  - 2330 - LRB104 09208 AMC 19265 b

1                    (i) the proposal shall be designed based on

2   community needs assessment completed by either a

3   University partner or other qualified entity with

4   significant community input;

5                    (ii) the proposal shall be a collaboration

6   among providers across the care and community

7   spectrum, including preventative care, primary

8   care specialty care, hospital services, mental

9   health and substance abuse services, as well as

10  community-based entities that address the social

11  determinants of health;

12                   (iii) the proposal shall be specifically

13  designed to improve health care healthcare

14  outcomes and reduce health care healthcare

15  disparities, and improve the coordination,

16  effectiveness, and efficiency of care delivery;

17                   (iv) the proposal shall have specific

18  measurable metrics related to disparities that

19  will be tracked by the Department and made public

20  by the Department;

21                   (v) the proposal shall include a commitment to

22  include Business Enterprise Program certified

23  vendors or other entities controlled and managed

24  by minorities or women; and

25                   (vi) the proposal shall specifically increase

26  access to primary, preventive, or specialty care.
    SB2394 Enrolled  - 2331 - LRB104 09208 AMC 19265 b

1   (F) Entities eligible to be funded.

2                    (i) Proposals for funding should come from

3   collaborations operating in one of the most

4   distressed communities in Illinois as determined

5   by the U.S. Centers for Disease Control and

6   Prevention's Social Vulnerability Index for

7   Illinois and areas disproportionately impacted by

8   COVID-19 or from rural areas of Illinois.

9                    (ii) The Department shall prioritize

10  partnerships from distressed communities, which

11  include Business Enterprise Program certified

12  vendors or other entities controlled and managed

13  by minorities or women and also include one or

14  more of the following: safety-net hospitals,

15  critical access hospitals, the campuses of

16  hospitals that have closed since January 1, 2018,

17  or other health care healthcare providers designed

18  to address specific health care healthcare

19  disparities, including the impact of COVID-19 on

20  individuals and the community and the need for

21  post-COVID care. All funded proposals must include

22  specific measurable goals and metrics related to

23  improved outcomes and reduced disparities which

24  shall be tracked by the Department.

25                   (iii) The Department should target the funding

26  in the following ways: $30,000,000 of
    SB2394 Enrolled  - 2332 - LRB104 09208 AMC 19265 b

1   transformation funds to projects that are a

2   collaboration between a safety-net hospital,

3   particularly community safety-net hospitals, and

4   other providers and designed to address specific

5   health care healthcare disparities, $20,000,000 of

6   transformation funds to collaborations between

7   safety-net hospitals and a larger hospital partner

8   that increases specialty care in distressed

9   communities, $30,000,000 of transformation funds

10  to projects that are a collaboration between

11  hospitals and other providers in distressed areas

12  of the State designed to address specific health

13  care healthcare disparities, $15,000,000 to

14  collaborations between critical access hospitals

15  and other providers designed to address specific

16  health care healthcare disparities, and

17  $15,000,000 to cross-provider collaborations

18  designed to address specific health care

19  healthcare disparities, and $5,000,000 to

20  collaborations that focus on workforce

21  development.

22                   (iv) The Department may allocate up to

23  $5,000,000 for planning, racial equity analysis,

24  or consulting resources for the Department or

25  entities without the resources to develop a plan

26  to meet the criteria of this Section. Any contract
    SB2394 Enrolled  - 2333 - LRB104 09208 AMC 19265 b

1   for consulting services issued by the Department

2   under this subparagraph shall comply with the

3   provisions of Section 5-45 of the State Officials

4   and Employees Ethics Act. Based on availability of

5   federal funding, the Department may directly

6   procure consulting services or provide funding to

7   the collaboration. The provision of resources

8   under this subparagraph is not a guarantee that a

9   project will be approved.

10                   (v) The Department shall take steps to ensure

11  that safety-net hospitals operating in

12  under-resourced communities receive priority

13  access to hospital and health care healthcare

14  transformation funds, including consulting funds,

15  as provided under this Section.

16  (G) Process for submitting and approving projects

17  for distressed communities. The Department shall issue

18  a template for application. The Department shall post

19  any proposal received on the Department's website for

20  at least 2 weeks for public comment, and any such

21  public comment shall also be considered in the review

22  process. Applicants may request that proprietary

23  financial information be redacted from publicly posted

24  proposals and the Department in its discretion may

25  agree. Proposals for each distressed community must

26  include all of the following:
    SB2394 Enrolled  - 2334 - LRB104 09208 AMC 19265 b

1                    (i) A detailed description of how the project

2   intends to affect the goals outlined in this

3   subsection, describing new interventions, new

4   technology, new structures, and other changes to

5   the health care healthcare delivery system

6   planned.

7                    (ii) A detailed description of the racial and

8   ethnic makeup of the entities' board and

9   leadership positions and the salaries of the

10  executive staff of entities in the partnership

11  that is seeking to obtain funding under this

12  Section.

13                   (iii) A complete budget, including an overall

14  timeline and a detailed pathway to sustainability

15  within a 5-year period, specifying other sources

16  of funding, such as in-kind, cost-sharing, or

17  private donations, particularly for capital needs.

18  There is an expectation that parties to the

19  transformation project dedicate resources to the

20  extent they are able and that these expectations

21  are delineated separately for each entity in the

22  proposal.

23                   (iv) A description of any new entities formed

24  or other legal relationships between collaborating

25  entities and how funds will be allocated among

26  participants.
    SB2394 Enrolled  - 2335 - LRB104 09208 AMC 19265 b

1                    (v) A timeline showing the evolution of sites

2   and specific services of the project over a 5-year

3   period, including services available to the

4   community by site.

5                    (vi) Clear milestones indicating progress

6   toward the proposed goals of the proposal as

7   checkpoints along the way to continue receiving

8   funding. The Department is authorized to refine

9   these milestones in agreements, and is authorized

10  to impose reasonable penalties, including

11  repayment of funds, for substantial lack of

12  progress.

13                   (vii) A clear statement of the level of

14  commitment the project will include for minorities

15  and women in contracting opportunities, including

16  as equity partners where applicable, or as

17  subcontractors and suppliers in all phases of the

18  project.

19                   (viii) If the community study utilized is not

20  the study commissioned and published by the

21  Department, the applicant must define the

22  methodology used, including documentation of clear

23  community participation.

24                   (ix) A description of the process used in

25  collaborating with all levels of government in the

26  community served in the development of the
    SB2394 Enrolled  - 2336 - LRB104 09208 AMC 19265 b

1   project, including, but not limited to,

2   legislators and officials of other units of local

3   government.

4                    (x) Documentation of a community input process

5   in the community served, including links to

6   proposal materials on public websites.

7                    (xi) Verifiable project milestones and quality

8   metrics that will be impacted by transformation.

9   These project milestones and quality metrics must

10  be identified with improvement targets that must

11  be met.

12                   (xii) Data on the number of existing employees

13  by various job categories and wage levels by the

14  zip code of the employees' residence and

15  benchmarks for the continued maintenance and

16  improvement of these levels. The proposal must

17  also describe any retraining or other workforce

18  development planned for the new project.

19                   (xiii) If a new entity is created by the

20  project, a description of how the board will be

21  reflective of the community served by the

22  proposal.

23                   (xiv) An explanation of how the proposal will

24  address the existing disparities that exacerbated

25  the impact of COVID-19 and the need for post-COVID

26  care in the community, if applicable.
    SB2394 Enrolled  - 2337 - LRB104 09208 AMC 19265 b

1                    (xv) An explanation of how the proposal is

2   designed to increase access to care, including

3   specialty care based upon the community's needs.

4   (H) The Department shall evaluate proposals for

5   compliance with the criteria listed under subparagraph

6   (G). Proposals meeting all of the criteria may be

7   eligible for funding with the areas of focus

8   prioritized as described in item (ii) of subparagraph

9   (F). Based on the funds available, the Department may

10  negotiate funding agreements with approved applicants

11  to maximize federal funding. Nothing in this

12  subsection requires that an approved project be funded

13  to the level requested. Agreements shall specify the

14  amount of funding anticipated annually, the

15  methodology of payments, the limit on the number of

16  years such funding may be provided, and the milestones

17  and quality metrics that must be met by the projects in

18  order to continue to receive funding during each year

19  of the program. Agreements shall specify the terms and

20  conditions under which a health care facility that

21  receives funds under a purchase of care agreement and

22  closes in violation of the terms of the agreement must

23  pay an early closure fee no greater than 50% of the

24  funds it received under the agreement, prior to the

25  Health Facilities and Services Review Board

26  considering an application for closure of the
    SB2394 Enrolled  - 2338 - LRB104 09208 AMC 19265 b

1   facility. Any project that is funded shall be required

2   to provide quarterly written progress reports, in a

3   form prescribed by the Department, and at a minimum

4   shall include the progress made in achieving any

5   milestones or metrics or Business Enterprise Program

6   commitments in its plan. The Department may reduce or

7   end payments, as set forth in transformation plans, if

8   milestones or metrics or Business Enterprise Program

9   commitments are not achieved. The Department shall

10  seek to make payments from the transformation fund in

11  a manner that is eligible for federal matching funds.

12  In reviewing the proposals, the Department shall

13  take into account the needs of the community, data

14  from the study commissioned by the Department from the

15  University of Illinois-Chicago if applicable, feedback

16  from public comment on the Department's website, as

17  well as how the proposal meets the criteria listed

18  under subparagraph (G). Alignment with the

19  Department's overall strategic initiatives shall be an

20  important factor. To the extent that fiscal year

21  funding is not adequate to fund all eligible projects

22  that apply, the Department shall prioritize

23  applications that most comprehensively and effectively

24  address the criteria listed under subparagraph (G).

25  (3) (Blank).

26  (4) Hospital Transformation Review Committee. There is
    SB2394 Enrolled  - 2339 - LRB104 09208 AMC 19265 b

1   created the Hospital Transformation Review Committee. The

2   Committee shall consist of 14 members. No later than 30

3   days after March 12, 2018 (the effective date of Public

4   Act 100-581), the 4 legislative leaders shall each appoint

5   3 members; the Governor shall appoint the Director of

6   Healthcare and Family Services, or his or her designee, as

7   a member; and the Director of Healthcare and Family

8   Services shall appoint one member. Any vacancy shall be

9   filled by the applicable appointing authority within 15

10  calendar days. The members of the Committee shall select a

11  Chair and a Vice-Chair from among its members, provided

12  that the Chair and Vice-Chair cannot be appointed by the

13  same appointing authority and must be from different

14  political parties. The Chair shall have the authority to

15  establish a meeting schedule and convene meetings of the

16  Committee, and the Vice-Chair shall have the authority to

17  convene meetings in the absence of the Chair. The

18  Committee may establish its own rules with respect to

19  meeting schedule, notice of meetings, and the disclosure

20  of documents; however, the Committee shall not have the

21  power to subpoena individuals or documents and any rules

22  must be approved by 9 of the 14 members. The Committee

23  shall perform the functions described in this Section and

24  advise and consult with the Director in the administration

25  of this Section. In addition to reviewing and approving

26  the policies, procedures, and rules for the hospital and
    SB2394 Enrolled    - 2340 - LRB104 09208 AMC 19265 b

1   health care transformation program, the Committee shall

2   consider and make recommendations related to qualifying

3   criteria and payment methodologies related to safety-net

4   hospitals and children's hospitals. Members of the

5   Committee appointed by the legislative leaders shall be

6   subject to the jurisdiction of the Legislative Ethics

7   Commission, not the Executive Ethics Commission, and all

8   requests under the Freedom of Information Act shall be

9   directed to the applicable Freedom of Information officer

10  for the General Assembly. The Department shall provide

11  operational support to the Committee as necessary. The

12  Committee is dissolved on April 1, 2019.

13  (e) Beginning 36 months after initial implementation, the

14 Department shall update the reimbursement components in

15 subsections (a) and (b), including standardized amounts and

16 weighting factors, and at least once every 4 years and no more

17 frequently than annually thereafter. The Department shall

18 publish these updates on its website no later than 30 calendar

19 days prior to their effective date.

20  (f) Continuation of supplemental payments. Any

21 supplemental payments authorized under 89 Illinois

22 Administrative Code 148 effective January 1, 2014 and that

23 continue during the period of July 1, 2014 through December

24 31, 2014 shall remain in effect as long as the assessment

25 imposed by Section 5A-2 that is in effect on December 31, 2017

26 remains in effect.
    SB2394 Enrolled  - 2341 - LRB104 09208 AMC 19265 b

1   (g) Notwithstanding subsections (a) through (f) of this

2 Section and notwithstanding the changes authorized under

3 Section 5-5b.1, any updates to the system shall not result in

4 any diminishment of the overall effective rates of

5 reimbursement as of the implementation date of the new system

6 (July 1, 2014). These updates shall not preclude variations in

7 any individual component of the system or hospital rate

8 variations. Nothing in this Section shall prohibit the

9 Department from increasing the rates of reimbursement or

10 developing payments to ensure access to hospital services.

11 Nothing in this Section shall be construed to guarantee a

12 minimum amount of spending in the aggregate or per hospital as

13 spending may be impacted by factors, including, but not

14 limited to, the number of individuals in the medical

15 assistance program and the severity of illness of the

16 individuals.

17  (h) The Department shall have the authority to modify by

18 rulemaking any changes to the rates or methodologies in this

19 Section as required by the federal government to obtain

20 federal financial participation for expenditures made under

21 this Section.

22  (i) Except for subsections (g) and (h) of this Section,

23 the Department shall, pursuant to subsection (c) of Section

24 5-40 of the Illinois Administrative Procedure Act, provide for

25 presentation at the June 2014 hearing of the Joint Committee

26 on Administrative Rules (JCAR) additional written notice to
    SB2394 Enrolled   - 2342 - LRB104 09208 AMC 19265 b

1 JCAR of the following rules in order to commence the second

2 notice period for the following rules: rules published in the

3 Illinois Register, rule dated February 21, 2014 at 38 Ill.

4 Reg. 4559 (Medical Payment), 4628 (Specialized Health Care

5 Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic

6 Related Grouping (DRG) Prospective Payment System (PPS)), and

7 4977 (Hospital Reimbursement Changes), and published in the

8 Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499

9 (Specialized Health Care Delivery Systems) and 6505 (Hospital

10 Services).

11  (j) Out-of-state hospitals. Beginning July 1, 2018, for

12 purposes of determining for State fiscal years 2019 and 2020

13 and subsequent fiscal years the hospitals eligible for the

14 payments authorized under subsections (a) and (b) of this

15 Section, the Department shall include out-of-state hospitals

16 that are designated a Level I pediatric trauma center or a

17 Level I trauma center by the Department of Public Health as of

18 December 1, 2017.

19  (k) The Department shall notify each hospital and managed

20 care organization, in writing, of the impact of the updates

21 under this Section at least 30 calendar days prior to their

22 effective date.

23  (l) This Section is subject to Section 14-12.5.

24 (Source: P.A. 102-682, eff. 12-10-21; 102-1037, eff. 6-2-22;

25 103-102, eff. 6-16-23; 103-154, eff. 6-30-23; revised

26 10-16-24.)
    SB2394 Enrolled     - 2343 - LRB104 09208 AMC 19265 b

1   Section 905. The Illinois Caregiver Assistance and

2 Resource Portal Act is amended by changing Section 25-1 as

3 follows:

4   (320 ILCS 70/25-1)

5   Sec. 25-1. Short title. This Article Act may be cited as

6 the Illinois Caregiver Assistance and Resource Portal Act. As

7 used in this Article, "this Act" refers to this Article.

8 (Source: P.A. 103-588, eff. 6-5-24; revised 7-19-24.)

9   Section 910. The Department of Early Childhood Act is

10 amended by changing Section 15-5 as follows:

11  (325 ILCS 3/15-5)

12  Sec. 15-5. Transition of administrative responsibilities

13 related to home-visiting services. Beginning July 1, 2024, the

14 Department of Early Childhood and the Department of Human

15 Services shall collaborate and plan for the transition of

16 administrative responsibilities related to home-visiting

17 services as prescribed in Section 10-16 of the Department of

18 Human Services Act.

19 (Source: P.A. 103-594, eff. 6-25-24; revised 10-21-24.)

20  Section 915. The Child Abuse Notice Act is amended by

21 changing Section 5 as follows:
    SB2394 Enrolled       - 2344 - LRB104 09208 AMC 19265 b

1   (325 ILCS 6/5)

2   Sec. 5. Posted notice required. Each of the following

3 businesses and other establishments shall, upon the

4 availability of the model notice described in Section 10, post

5 a notice that complies with the requirements of this Act in a

6 conspicuous place in all restrooms open to the public, or in

7 another conspicuous location in clear view of the public and

8 employees where similar notices are customarily posted:

9   (1) Hotels and motels.

10  (2) Entertainment facilities or sporting facilities

11  that are indoor structures with a legal occupancy of at

12  least 5,000 persons.

13  (3) Tattoo and body piercing establishments.

14  (4) Primary airports, as defined in Section 47102(16)

15  of Title 49 of the United States Code.

16  (5) Intercity passenger rail or light rail stations.

17  (6) Bus stations.

18  (7) Truck stops. As used in this Act, "truck stop"

19  means a privately owned privately-owned and operated

20  facility that provides food, fuel, shower, or other

21  sanitary facilities, and lawful overnight truck parking.

22  (8) Emergency rooms within general acute care

23  hospitals, in which case the notice may be posted by

24  electronic means.

25  (9) Urgent care centers, in which case the notice may
    SB2394 Enrolled          - 2345 - LRB104 09208 AMC 19265 b

1   be posted by electronic means.

2 (Source: P.A. 103-813, eff. 1-1-25; revised 12-1-24.)

3   Section 920. The Children's Mental Health Act is amended

4 by changing Section 5 as follows:

5   (405 ILCS 49/5)

6   Sec. 5. Children's Mental Health Partnership; Children's

7 Mental Health Plan.

8   (a) The Children's Mental Health Partnership (hereafter

9 referred to as "the Partnership") created under Public Act

10 93-495 and continued under Public Act 102-899 shall advise

11 State agencies and the Children's Behavioral Health

12 Transformation Initiative on designing and implementing

13 short-term and long-term strategies to provide comprehensive

14 and coordinated services for children from birth to age 25 and

15 their families with the goal of addressing children's mental

16 health needs across a full continuum of care, including social

17 determinants of health, prevention, early identification, and

18 treatment. The recommended strategies shall build upon the

19 recommendations in the Children's Mental Health Plan of 2022

20 and may include, but are not limited to, recommendations

21 regarding the following:

22  (1) Increasing public awareness on issues connected to

23  children's mental health and wellness to decrease stigma,

24  promote acceptance, and strengthen the ability of
    SB2394 Enrolled    - 2346 - LRB104 09208 AMC 19265 b

1   children, families, and communities to access supports.

2   (2) Coordination of programs, services, and policies

3   across child-serving State agencies to best monitor and

4   assess spending, as well as foster innovation of adaptive

5   or new practices.

6   (3) Funding and resources for children's mental health

7   prevention, early identification, and treatment across

8   child-serving State agencies.

9   (4) Facilitation of research on best practices and

10  model programs and dissemination of this information to

11  State policymakers, practitioners, and the general public.

12  (5) Monitoring programs, services, and policies

13  addressing children's mental health and wellness.

14  (6) Growing, retaining, diversifying, and supporting

15  the child-serving workforce, with special emphasis on

16  professional development around child and family mental

17  health and wellness services.

18  (7) Supporting the design, implementation, and

19  evaluation of a quality-driven children's mental health

20  system of care across all child services that prevents

21  mental health concerns and mitigates trauma.

22  (8) Improving the system to more effectively meet the

23  emergency and residential placement needs for all children

24  with severe mental and behavioral challenges.

25  (b) The Partnership shall have the responsibility of

26 developing and updating the Children's Mental Health Plan and
    SB2394 Enrolled          - 2347 - LRB104 09208 AMC 19265 b

1 advising the relevant State agencies on implementation of the

2 Plan. The Children's Mental Health Partnership shall be

3 comprised of the following members:

4   (1) The Governor or his or her designee.

5   (2) The Attorney General or his or her designee.

6   (3) The Secretary of the Department of Human Services

7   or his or her designee.

8   (4) The State Superintendent of Education or his or

9   her designee.

10  (5) The Director of the Department of Children and

11  Family Services or his or her designee.

12  (6) The Director of the Department of Healthcare and

13  Family Services or his or her designee.

14  (7) The Director of the Department of Public Health or

15  his or her designee.

16  (8) The Director of the Department of Juvenile Justice

17  or his or her designee.

18  (9) The Secretary of Early Childhood or his or her

19  designee.

20  (10) The Director of the Criminal Justice Information

21  Authority or his or her designee.

22  (11) One member of the General Assembly appointed by

23  the Speaker of the House.

24  (12) One member of the General Assembly appointed by

25  the President of the Senate.

26  (13) One member of the General Assembly appointed by
    SB2394 Enrolled     - 2348 - LRB104 09208 AMC 19265 b

1   the Minority Leader of the Senate.

2   (14) One member of the General Assembly appointed by

3   the Minority Leader of the House.

4   (15) Up to 25 representatives from the public

5   reflecting a diversity of age, gender identity, race,

6   ethnicity, socioeconomic status, and geographic location,

7   to be appointed by the Governor. Those public members

8   appointed under this paragraph must include, but are not

9   limited to:

10  (A) a family member or individual with lived

11  experience in the children's mental health system;

12  (B) a child advocate;

13  (C) a community mental health expert,

14  practitioner, or provider;

15  (D) a representative of a statewide association

16  representing a majority of hospitals in the State;

17  (E) an early childhood expert or practitioner;

18  (F) a representative from the K-12 school system;

19  (G) a representative from the health care

20  healthcare sector;

21  (H) a substance use prevention expert or

22  practitioner, or a representative of a statewide

23  association representing community-based mental health

24  substance use disorder treatment providers in the

25  State;

26  (I) a violence prevention expert or practitioner;
    SB2394 Enrolled  - 2349 - LRB104 09208 AMC 19265 b

1   (J) a representative from the juvenile justice

2   system;

3   (K) a school social worker; and

4   (L) a representative of a statewide organization

5   representing pediatricians.

6   (16) Two co-chairs appointed by the Governor, one

7   being a representative from the public and one being the

8   Director of Public Health.

9   The members appointed by the Governor shall be appointed

10 for 4 years with one opportunity for reappointment, except as

11 otherwise provided for in this subsection. Members who were

12 appointed by the Governor and are serving on January 1, 2023

13 (the effective date of Public Act 102-899) shall maintain

14 their appointment until the term of their appointment has

15 expired. For new appointments made pursuant to Public Act

16 102-899, members shall be appointed for one-year, 2-year, or

17 4-year terms, as determined by the Governor, with no more than

18 9 of the Governor's new or existing appointees serving the

19 same term. Those new appointments serving a one-year or 2-year

20 term may be appointed to 2 additional 4-year terms. If a

21 vacancy occurs in the Partnership membership, the vacancy

22 shall be filled in the same manner as the original appointment

23 for the remainder of the term.

24  The Partnership shall be convened no later than January

25 31, 2023 to discuss the changes in Public Act 102-899.

26  The members of the Partnership shall serve without
    SB2394 Enrolled  - 2350 - LRB104 09208 AMC 19265 b

1 compensation but may be entitled to reimbursement for all

2 necessary expenses incurred in the performance of their

3 official duties as members of the Partnership from funds

4 appropriated for that purpose.

5   The Partnership may convene and appoint special committees

6 or study groups to operate under the direction of the

7 Partnership. Persons appointed to such special committees or

8 study groups shall only receive reimbursement for reasonable

9 expenses.

10  (b-5) The Partnership shall include an adjunct council

11 comprised of no more than 6 youth aged 14 to 25 and 4

12 representatives of 4 different community-based organizations

13 that focus on youth mental health. Of the community-based

14 organizations that focus on youth mental health, one of the

15 community-based organizations shall be led by an

16 LGBTQ-identified person, one of the community-based

17 organizations shall be led by a person of color, and one of the

18 community-based organizations shall be led by a woman. Of the

19 representatives appointed to the council from the

20 community-based organizations, at least one representative

21 shall be LGBTQ-identified, at least one representative shall

22 be a person of color, and at least one representative shall be

23 a woman. The council members shall be appointed by the Chair of

24 the Partnership and shall reflect the racial, gender identity,

25 sexual orientation, ability, socioeconomic, ethnic, and

26 geographic diversity of the State, including rural, suburban,
    SB2394 Enrolled  - 2351 - LRB104 09208 AMC 19265 b

1 and urban appointees. The council shall make recommendations

2 to the Partnership regarding youth mental health, including,

3 but not limited to, identifying barriers to youth feeling

4 supported by and empowered by the system of mental health and

5 treatment providers, barriers perceived by youth in accessing

6 mental health services, gaps in the mental health system,

7 available resources in schools, including youth's perceptions

8 and experiences with outreach personnel, agency websites, and

9 informational materials, methods to destigmatize mental health

10 services, and how to improve State policy concerning student

11 mental health. The mental health system may include services

12 for substance use disorders and addiction. The council shall

13 meet at least 4 times annually.

14  (c) (Blank).

15  (d) The Illinois Children's Mental Health Partnership has

16 the following powers and duties:

17  (1) Conducting research assessments to determine the

18  needs and gaps of programs, services, and policies that

19  touch children's mental health.

20  (2) Developing policy statements for interagency

21  cooperation to cover all aspects of mental health

22  delivery, including social determinants of health,

23  prevention, early identification, and treatment.

24  (3) Recommending policies and providing information on

25  effective programs for delivery of mental health services.

26  (4) Using funding from federal, State, or
    SB2394 Enrolled   - 2352 - LRB104 09208 AMC 19265 b

1   philanthropic partners, to fund pilot programs or research

2   activities to resource innovative practices by

3   organizational partners that will address children's

4   mental health. However, the Partnership may not provide

5   direct services.

6   (4.1) The Partnership shall work with community

7   networks and the Children's Behavioral Health

8   Transformation Initiative team to implement a community

9   needs assessment, that will raise awareness of gaps in

10  existing community-based services for youth.

11  (5) Submitting an annual report, on or before December

12  30 of each year, to the Governor and the General Assembly

13  on the progress of the Plan, any recommendations regarding

14  State policies, laws, or rules necessary to fulfill the

15  purposes of the Act, and any additional recommendations

16  regarding mental or behavioral health that the Partnership

17  deems necessary.

18  (6) (Blank).

19  The Partnership may designate a fiscal and administrative

20 agent that can accept funds to carry out its duties as outlined

21 in this Section.

22  The Department of Public Health shall provide technical

23 and administrative support for the Partnership.

24  (e) The Partnership may accept monetary gifts or grants

25 from the federal government or any agency thereof, from any

26 charitable foundation or professional association, or from any
    SB2394 Enrolled            - 2353 - LRB104 09208 AMC 19265 b

1 reputable source for implementation of any program necessary

2 or desirable to carry out the powers and duties as defined

3 under this Section.

4   (f) On or before January 1, 2027, the Partnership shall

5 submit recommendations to the Governor and General Assembly

6 that includes recommended updates to the Act to reflect the

7 current mental health landscape in this State.

8 (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;

9 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.

10 6-30-23; 103-594, eff. 6-25-24; 103-885, eff. 8-9-24; revised

11 10-9-24.)

12  Section 925. The First Responder Mental Health Grant

13 Program Act is amended by changing Section 10 as follows:

14  (405 ILCS 135/10)

15  Sec. 10. Definitions. In this Act:

16  "Behavioral health" means mental health, health relating

17 to substance use, or both.

18  "Behavioral health care" means services, treatment,

19 medication, and other measures to overcome, mitigate, or

20 prevent a behavioral health issue. These services, treatment,

21 medication, and other measures qualify as "behavioral health

22 care" even if there is no formal diagnosis of a specific

23 condition.

24  "Department" means the Department of Human Services.
    SB2394 Enrolled  - 2354 - LRB104 09208 AMC 19265 b

1   "First responder" means a law enforcement officer,

2 firefighter, emergency medical services personnel as defined

3 in Section 3.5 of the Emergency Medical Services (EMS) Systems

4 Act, or public safety telecommunicator as defined in Section 2

5 of the Emergency Telephone System Systems Act.

6   "Record" means any record kept by a therapist or by an

7 agency in the course of providing behavioral health care to a

8 first responder concerning the first responder and the

9 services provided. "Record" includes the personal notes of the

10 therapist or agency. "Record" includes all records maintained

11 by a court that have been created in connection with, in

12 preparation for, or as a result of the filing of any petition

13 or certificate under Chapter II, Chapter III, or Chapter IV of

14 the Mental Health and Developmental Disabilities Code and

15 includes the petitions, certificates, dispositional reports,

16 treatment plans, and reports of diagnostic evaluations and of

17 hearings under Article VIII of Chapter III or under Article V

18 of Chapter IV of that Code. "Record" does not include

19 information that has been de-identified in accordance with

20 HIPAA, as specified in 45 CFR 164.514. "Record" does not

21 include a reference to the receipt of behavioral health care

22 noted during a patient history and physical or other summary

23 of care.

24 (Source: P.A. 102-911, eff. 1-1-23; revised 7-22-24.)

25  Section 930. The AIDS Confidentiality Act is amended by
    SB2394 Enrolled  - 2355 - LRB104 09208 AMC 19265 b

1 changing Section 3 as follows:

2   (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

3   Sec. 3. Definitions. When used in this Act:

4   (a) "AIDS" means acquired immunodeficiency syndrome.

5   (b) "Authority" means the Illinois Health Information

6 Exchange Authority established pursuant to the Illinois Health

7 Information Exchange and Technology Act.

8   (c) "Business associate" has the meaning ascribed to it

9 under HIPAA, as specified in 45 CFR 160.103.

10  (d) "Covered entity" has the meaning ascribed to it under

11 HIPAA, as specified in 45 CFR 160.103.

12  (e) "De-identified information" means health information

13 that is not individually identifiable as described under

14 HIPAA, as specified in 45 CFR 164.514(b).

15  (f) "Department" means the Illinois Department of Public

16 Health or its designated agents.

17  (g) "Disclosure" has the meaning ascribed to it under

18 HIPAA, as specified in 45 CFR 160.103.

19  (h) "Health care operations" has the meaning ascribed to

20 it under HIPAA, as specified in 45 CFR 164.501.

21  (i) "Health care professional" means (i) a licensed

22 physician, (ii) a licensed physician assistant, (iii) a

23 licensed advanced practice registered nurse, (iv) an advanced

24 practice registered nurse or physician assistant who practices

25 in a hospital or ambulatory surgical treatment center and
    SB2394 Enrolled  - 2356 - LRB104 09208 AMC 19265 b

1 possesses appropriate clinical privileges, (v) a licensed

2 dentist, (vi) a licensed podiatric physician, or (vii) an

3 individual certified to provide HIV testing and counseling by

4 a State state or local public health department.

5   (j) "Health care provider" has the meaning ascribed to it

6 under HIPAA, as specified in 45 CFR 160.103.

7   (k) "Health facility" means a hospital, nursing home,

8 blood bank, blood center, sperm bank, or other health care

9 institution, including any "health facility" as that term is

10 defined in the Illinois Finance Authority Act.

11  (l) "Health information exchange" or "HIE" means a health

12 information exchange or health information organization that

13 oversees and governs the electronic exchange of health

14 information. In certain circumstances, in accordance with

15 HIPAA, an HIE will be a business associate.

16  (m) "Health oversight agency" has the meaning ascribed to

17 it under HIPAA, as specified in 45 CFR 164.501.

18  (n) "HIPAA" means the Health Insurance Portability and

19 Accountability Act of 1996, Public Law 104-191, as amended by

20 the Health Information Technology for Economic and Clinical

21 Health Act of 2009, Public Law 111-05, and any subsequent

22 amendments thereto and any regulations promulgated thereunder.

23  (o) "HIV" means the human immunodeficiency virus.

24  (p) "HIV-related information" means the identity of a

25 person upon whom an HIV test is performed, the results of an

26 HIV test, as well as diagnosis, treatment, and prescription
    SB2394 Enrolled  - 2357 - LRB104 09208 AMC 19265 b

1 information that reveals a patient is HIV-positive, including

2 such information contained in a limited data set. "HIV-related

3 information" does not include information that has been

4 de-identified in accordance with HIPAA.

5   (q) "Informed consent" means:

6   (1) where a health care provider, health care

7   professional, or health facility has implemented opt-in

8   testing, a process by which an individual or the

9   individual's their legal representative receives pre-test

10  information, has an opportunity to ask questions, and

11  consents verbally or in writing to the test without undue

12  inducement or any element of force, fraud, deceit, duress,

13  or other form of constraint or coercion; or

14  (2) where a health care provider, health care

15  professional, or health facility has implemented opt-out

16  testing, the individual or the individual's their legal

17  representative has been notified verbally or in writing

18  that the test is planned, has received pre-test

19  information, has been given the opportunity to ask

20  questions and the opportunity to decline testing, and has

21  not declined testing; where such notice is provided,

22  consent for opt-out HIV testing may be incorporated into

23  the patient's general consent for medical care on the same

24  basis as are other screening or diagnostic tests; a

25  separate consent for opt-out HIV testing is not required.

26  In addition, where the person providing informed consent
    SB2394 Enrolled   - 2358 - LRB104 09208 AMC 19265 b

1 is a participant in an HIE, informed consent requires a fair

2 explanation that the results of the patient's HIV test will be

3 accessible through an HIE and meaningful disclosure of the

4 patient's opt-out right under Section 9.6 of this Act.

5   A health care provider, health care professional, or

6 health facility undertaking an informed consent process for

7 HIV testing under this subsection may combine a form used to

8 obtain informed consent for HIV testing with forms used to

9 obtain written consent for general medical care or any other

10 medical test or procedure, provided that the forms make it

11 clear that the subject may consent to general medical care,

12 tests, or procedures without being required to consent to HIV

13 testing, and clearly explain how the subject may decline HIV

14 testing. Health facility clerical staff or other staff

15 responsible for the consent form for general medical care may

16 obtain consent for HIV testing through a general consent form.

17  (r) "Limited data set" has the meaning ascribed to it

18 under HIPAA, as described in 45 CFR 164.514(e)(2).

19  (s) "Minimum necessary" means the HIPAA standard for

20 using, disclosing, and requesting protected health information

21 found in 45 CFR 164.502(b) and 164.514(d).

22  (s-1) "Opt-in testing" means an approach where an HIV test

23 is presented by offering the test and the patient accepts or

24 declines testing.

25  (s-3) "Opt-out testing" means an approach where an HIV

26 test is presented such that a patient is notified that HIV
    SB2394 Enrolled         - 2359 - LRB104 09208 AMC 19265 b

1 testing may occur unless the patient declines.

2   (t) "Organized health care arrangement" has the meaning

3 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

4   (u) "Patient safety activities" has the meaning ascribed

5 to it under 42 CFR 3.20.

6   (v) "Payment" has the meaning ascribed to it under HIPAA,

7 as specified in 45 CFR 164.501.

8   (w) "Person" includes any natural person, partnership,

9 association, joint venture, trust, governmental entity, public

10 or private corporation, health facility, or other legal

11 entity.

12  (w-5) "Pre-test information" means:

13          (1) a reasonable explanation of the test, including

14  its purpose, potential uses, limitations, and the meaning

15  of its results; and

16          (2) a reasonable explanation of the procedures to be

17  followed, including the voluntary nature of the test, the

18  availability of a qualified person to answer questions,

19  the right to withdraw consent to the testing process at

20  any time, the right to anonymity to the extent provided by

21  law with respect to participation in the test and

22  disclosure of test results, and the right to confidential

23  treatment of information identifying the subject of the

24  test and the results of the test, to the extent provided by

25  law.

26  Pre-test information may be provided in writing, verbally,
    SB2394 Enrolled  - 2360 - LRB104 09208 AMC 19265 b

1 or by video, electronic, or other means and may be provided as

2 designated by the supervising health care professional or the

3 health facility.

4   For the purposes of this definition, a qualified person to

5 answer questions is a health care professional or, when acting

6 under the supervision of a health care professional, a

7 registered nurse, medical assistant, or other person

8 determined to be sufficiently knowledgeable about HIV testing,

9 its purpose, potential uses, limitations, the meaning of the

10 test results, and the testing procedures in the professional

11 judgment of a supervising health care professional or as

12 designated by a health care facility.

13  (x) "Protected health information" has the meaning

14 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

15  (y) "Research" has the meaning ascribed to it under HIPAA,

16 as specified in 45 CFR 164.501.

17  (z) "State agency" means an instrumentality of the State

18 of Illinois and any instrumentality of another state that,

19 pursuant to applicable law or a written undertaking with an

20 instrumentality of the State of Illinois, is bound to protect

21 the privacy of HIV-related information of Illinois persons.

22  (aa) "Test" or "HIV test" means a test to determine the

23 presence of the antibody or antigen to HIV, or of HIV

24 infection.

25  (bb) "Treatment" has the meaning ascribed to it under

26 HIPAA, as specified in 45 CFR 164.501.
    SB2394 Enrolled    - 2361 - LRB104 09208 AMC 19265 b

1   (cc) "Use" has the meaning ascribed to it under HIPAA, as

2 specified in 45 CFR 160.103, where context dictates.

3 (Source: P.A. 103-508, eff. 8-4-23; revised 7-19-24.)

4   Section 935. The Genetic Information Privacy Act is

5 amended by changing Section 10 as follows:

6   (410 ILCS 513/10)

7   Sec. 10. Definitions. As used in this Act:

8   "Business associate" has the meaning ascribed to it under

9 HIPAA, as specified in 45 CFR 160.103.

10  "Covered entity" has the meaning ascribed to it under

11 HIPAA, as specified in 45 CFR 160.103.

12  "De-identified information" means health information that

13 is not individually identifiable as described under HIPAA, as

14 specified in 45 CFR 164.514(b).

15  "Disclosure" has the meaning ascribed to it under HIPAA,

16 as specified in 45 CFR 160.103.

17  "Employer" means the State of Illinois, any unit of local

18 government, and any board, commission, department,

19 institution, or school district, any party to a public

20 contract, any joint apprenticeship or training committee

21 within the State, and every other person employing employees

22 within the State.

23  "Employment agency" means both public and private

24 employment agencies and any person, labor organization, or
    SB2394 Enrolled  - 2362 - LRB104 09208 AMC 19265 b

1 labor union having a hiring hall or hiring office regularly

2 undertaking, with or without compensation, to procure

3 opportunities to work, or to procure, recruit, refer, or place

4 employees.

5   "Family member" means, with respect to an individual, (i)

6 the spouse of the individual; (ii) a dependent child of the

7 individual, including a child who is born to or placed for

8 adoption with the individual; (iii) any other person

9 qualifying as a covered dependent under a managed care plan;

10 and (iv) all other individuals related by blood or law to the

11 individual or the spouse or child described in subsections (i)

12 through (iii) of this definition.

13  "Genetic information" has the meaning ascribed to it under

14 HIPAA, as specified in 45 CFR 160.103.

15  "Genetic monitoring" means the periodic examination of

16 employees to evaluate acquired modifications to their genetic

17 material, such as chromosomal damage or evidence of increased

18 occurrence of mutations that may have developed in the course

19 of employment due to exposure to toxic substances in the

20 workplace in order to identify, evaluate, and respond to

21 effects of or control adverse environmental exposures in the

22 workplace.

23  "Genetic services" has the meaning ascribed to it under

24 HIPAA, as specified in 45 CFR 160.103.

25  "Genetic testing" and "genetic test" have the meaning

26 ascribed to "genetic test" under HIPAA, as specified in 45 CFR
    SB2394 Enrolled            - 2363 - LRB104 09208 AMC 19265 b

1 160.103. "Genetic testing" includes direct-to-consumer

2 commercial genetic testing.

3   "Health care operations" has the meaning ascribed to it

4 under HIPAA, as specified in 45 CFR 164.501.

5   "Health care professional" means (i) a licensed physician,

6 (ii) a licensed physician assistant, (iii) a licensed advanced

7 practice registered nurse, (iv) a licensed dentist, (v) a

8 licensed podiatric physician podiatrist, (vi) a licensed

9 genetic counselor, or (vii) an individual certified to provide

10 genetic testing by a state or local public health department.

11  "Health care provider" has the meaning ascribed to it

12 under HIPAA, as specified in 45 CFR 160.103.

13  "Health facility" means a hospital, blood bank, blood

14 center, sperm bank, or other health care institution,

15 including any "health facility" as that term is defined in the

16 Illinois Finance Authority Act.

17  "Health information exchange" or "HIE" means a health

18 information exchange or health information organization that

19 exchanges health information electronically. In certain

20 circumstances, in accordance with HIPAA, an HIE will be a

21 business associate.

22  "Health oversight agency" has the meaning ascribed to it

23 under HIPAA, as specified in 45 CFR 164.501.

24  "HIPAA" means the Health Insurance Portability and

25 Accountability Act of 1996, Public Law 104-191, as amended by

26 the Health Information Technology for Economic and Clinical
    SB2394 Enrolled  - 2364 - LRB104 09208 AMC 19265 b

1 Health Act of 2009, Public Law 111-05, and any subsequent

2 amendments thereto and any regulations promulgated thereunder.

3   "Insurer" means (i) an entity that is subject to the

4 jurisdiction of the Director of Insurance and (ii) a managed

5 care plan.

6   "Labor organization" includes any organization, labor

7 union, craft union, or any voluntary unincorporated

8 association designed to further the cause of the rights of

9 union labor that is constituted for the purpose, in whole or in

10 part, of collective bargaining or of dealing with employers

11 concerning grievances, terms or conditions of employment, or

12 apprenticeships or applications for apprenticeships, or of

13 other mutual aid or protection in connection with employment,

14 including apprenticeships or applications for apprenticeships.

15  "Licensing agency" means a board, commission, committee,

16 council, department, or officers, except a judicial officer,

17 in this State or any political subdivision authorized to

18 grant, deny, renew, revoke, suspend, annul, withdraw, or amend

19 a license or certificate of registration.

20  "Limited data set" has the meaning ascribed to it under

21 HIPAA, as described in 45 CFR 164.514(e)(2).

22  "Managed care plan" means a plan that establishes,

23 operates, or maintains a network of health care providers that

24 have entered into agreements with the plan to provide health

25 care services to enrollees where the plan has the ultimate and

26 direct contractual obligation to the enrollee to arrange for
    SB2394 Enrolled       - 2365 - LRB104 09208 AMC 19265 b

1 the provision of or pay for services through:

2   (1) organizational arrangements for ongoing quality

3   assurance, utilization review programs, or dispute

4   resolution; or

5   (2) financial incentives for persons enrolled in the

6   plan to use the participating providers and procedures

7   covered by the plan.

8   A managed care plan may be established or operated by any

9 entity including a licensed insurance company, hospital or

10 medical service plan, health maintenance organization, limited

11 health service organization, preferred provider organization,

12 third party administrator, or an employer or employee

13 organization.

14  "Minimum necessary" means HIPAA's standard for using,

15 disclosing, and requesting protected health information found

16 in 45 CFR 164.502(b) and 164.514(d).

17  "Nontherapeutic purpose" means a purpose that is not

18 intended to improve or preserve the life or health of the

19 individual whom the information concerns.

20  "Organized health care arrangement" has the meaning

21 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

22  "Patient safety activities" has the meaning ascribed to it

23 under 42 CFR 3.20.

24  "Payment" has the meaning ascribed to it under HIPAA, as

25 specified in 45 CFR 164.501.

26  "Person" includes any natural person, partnership,
    SB2394 Enrolled  - 2366 - LRB104 09208 AMC 19265 b

1 association, joint venture, trust, governmental entity, public

2 or private corporation, health facility, or other legal

3 entity.

4   "Protected health information" has the meaning ascribed to

5 it under HIPAA, as specified in 45 CFR 164.103.

6   "Research" has the meaning ascribed to it under HIPAA, as

7 specified in 45 CFR 164.501.

8   "State agency" means an instrumentality of the State of

9 Illinois and any instrumentality of another state which

10 pursuant to applicable law or a written undertaking with an

11 instrumentality of the State of Illinois is bound to protect

12 the privacy of genetic information of Illinois persons.

13  "Treatment" has the meaning ascribed to it under HIPAA, as

14 specified in 45 CFR 164.501.

15  "Use" has the meaning ascribed to it under HIPAA, as

16 specified in 45 CFR 160.103, where context dictates.

17 (Source: P.A. 103-508, eff. 8-4-23; revised 7-19-24.)

18  Section 940. The Illinois Food, Drug and Cosmetic Act is

19 amended by changing Section 3.22 as follows:

20  (410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22)

21  Sec. 3.22. (a) Whoever knowingly distributes, or possesses

22 with intent to distribute, human growth hormone for any use in

23 humans other than the treatment of a disease or other

24 recognized medical condition, where the use has been
    SB2394 Enrolled          - 2367 - LRB104 09208 AMC 19265 b

1 authorized by the Secretary of Health and Human Services and

2 under the order of a physician, is guilty of a Class 3 felony,

3 and may be fined an amount not to exceed $50,000. As used in

4 this Section, the term "human growth hormone" means somatrem,

5 somatropin, or an analog analogue of either of them.

6   (b) Whoever distributes, or possesses with intent to

7 distribute, a synthetic drug product or a drug that is

8 misbranded under this Act is guilty of a Class 2 felony and may

9 be fined an amount not to exceed $100,000. A person convicted

10 of a second or subsequent violation of this Section is guilty

11 of a Class 1 felony, the fine for which shall not exceed

12 $250,000.

13  (c) Whoever falsely advertises a synthetic drug product is

14 guilty of a Class 3 felony and may be fined an amount not to

15 exceed $100,000.

16  (d) Whoever commits any offense set forth in this Section

17 and the offense involves an individual under 18 years of age is

18 punishable by not more than 10 years imprisonment, and twice

19 the fine authorized above. Any conviction for a violation of

20 this Section shall be considered a violation of the Illinois

21 Controlled Substances Act for the purposes of forfeiture under

22 Section 505 of such Act.

23  (e) Any person convicted under this Section is subject to

24 the forfeiture provisions set forth in subsections (c), (d),

25 (e), (f), (g), (h), and (i) of Section 3.23 of this Act.

26 (Source: P.A. 97-872, eff. 7-31-12; revised 7-19-24.)
    SB2394 Enrolled   - 2368 - LRB104 09208 AMC 19265 b

1   Section 945. The Food Handling Regulation Enforcement Act

2 is amended by changing Section 4 as follows:

3   (410 ILCS 625/4)

4   Sec. 4. Cottage food operation.

5   (a) For the purpose of this Section:

6   A food is "acidified" if: (i) acid or acid ingredients are

7 added to it to produce a final equilibrium pH of 4.6 or below

8 and a water activity greater than 0.85; or (ii) it is fermented

9 to produce a final equilibrium pH of 4.6 or below.

10  "Canned food" means food that has been heat processed

11 sufficiently under United States Department of Agriculture

12 guidelines to enable storing the food at normal home

13 temperatures.

14  "Cottage food operation" means an operation conducted by a

15 person who produces or packages food or drink, other than

16 foods and drinks listed as prohibited in paragraph (1.5) of

17 subsection (b) of this Section, in a kitchen located in that

18 person's primary domestic residence or another appropriately

19 designed and equipped kitchen on a farm for direct sale by the

20 owner, a family member, or an employee.

21  "Cut leafy greens" means fresh leafy greens whose leaves

22 have been cut, shredded, sliced, chopped, or torn. "Cut leafy

23 greens" does not mean cut-to-harvest leafy greens.

24  "Department" means the Department of Public Health.
    SB2394 Enrolled            - 2369 - LRB104 09208 AMC 19265 b

1   "Employee" means a person who is employed by and receives

2 monetary compensation from a cottage food operator.

3   "Equilibrium pH" means the final potential of hydrogen

4 measured in an acidified food after all the components of the

5 food have achieved the same acidity.

6   "Farmers' market" means a common facility or area where

7 farmers gather to sell a variety of fresh fruits and

8 vegetables and other locally produced farm and food products

9 directly to consumers.

10  "Leafy greens" includes iceberg lettuce; romaine lettuce;

11 leaf lettuce; butter lettuce; baby leaf lettuce, such as

12 immature lettuce or leafy greens; escarole; endive; spring

13 mix; spinach; cabbage; kale; arugula; and chard. "Leafy

14 greens" does not include microgreens or herbs such as cilantro

15 or parsley.

16  "Local health department" means a State-certified health

17 department of a unit of local government in which a cottage

18 food operation is located or, if the cottage food operation is

19 located in a county that does not have a local health

20 department, is registered.

21  "Local public health department association" means an

22 association solely representing 2 or more State-certified

23 local health departments.

24  "Low-acid canned food" means any canned food with a

25 finished equilibrium pH greater than 4.6 and a water activity

26 greater than 0.85.
    SB2394 Enrolled  - 2370 - LRB104 09208 AMC 19265 b

1   "Microgreen" means an edible plant seedling grown in soil

2 or substrate and harvested above the soil or substrate line.

3   "Mobile farmers markets" means a farmers market that is

4 operated from a movable motor drive or propelled vehicle or

5 trailer that can change location, including a farmers market

6 that is owned and operated by a farmer or a third party selling

7 products on behalf of farmers or cottage food operations with

8 the intent of a direct sale to an end consumer.

9   "Sprout" means any seedling intended for human consumption

10 that was produced in a manner that does not meet the definition

11 of microgreen.

12  "Time/temperature control for safety food" means a food

13 that is stored under time or temperature control for food

14 safety according to the Department's administrative rules.

15  (b) A cottage food operation may produce homemade food and

16 drink provided that all of the following conditions are met:

17  (1) (Blank).

18  (1.3) A cottage food operation must register with the

19  local health department for the unit of local government

20  in which it is located, but may sell products outside of

21  the unit of local government where the cottage food

22  operation is located. If a county does not have a local

23  health department, the county shall enter into an

24  agreement or contract with a local health department in an

25  adjacent county to register cottage food operations in the

26  jurisdiction of the county that does not have a health
    SB2394 Enrolled     - 2371 - LRB104 09208 AMC 19265 b

1   department. The adjacent local health department where the

2   cottage food operation registers has the powers described

3   in subsection (d). A copy of the certificate of

4   registration must be available upon request by any local

5   health department.

6   (1.5) A cottage food operation shall not sell or offer

7   to sell the following food items or processed foods

8   containing the following food items, except as indicated:

9   (A) meat, poultry, fish, seafood, or shellfish;

10  (B) dairy, except as an ingredient in a baked good

11  or candy that is not a time/temperature control for

12  safety food, such as caramel, subject to paragraph

13  (4), or as an ingredient in a baked good frosting, such

14  as buttercream;

15  (C) eggs, except as an ingredient in a food that is

16  not a time/temperature control for safety food,

17  including dry noodles, or as an ingredient in a baked

18  good frosting, such as buttercream, if the eggs are

19  not raw;

20  (D) pumpkin pies, sweet potato pies, cheesecakes,

21  custard pies, creme pies, and pastries with

22  time/temperature control for safety foods that are

23  fillings or toppings;

24  (E) garlic in oil or oil infused with garlic,

25  except if the garlic oil is acidified;

26  (F) low-acid canned foods;
    SB2394 Enrolled         - 2372 - LRB104 09208 AMC 19265 b

1            (G) sprouts;

2            (H) cut leafy greens, except for cut leafy greens

3   that are dehydrated, acidified, or blanched and

4   frozen;

5            (I) cut or pureed fresh tomato or melon;

6            (J) dehydrated tomato or melon;

7            (K) frozen cut melon;

8            (L) wild-harvested, non-cultivated mushrooms;

9            (M) alcoholic beverages; or

10           (N) kombucha.

11  (1.6) In order to sell canned tomatoes or a canned

12  product containing tomatoes, a cottage food operator shall

13  either:

14           (A) follow exactly a recipe that has been tested

15  by the United States Department of Agriculture or by a

16  state cooperative extension located in this State or

17  any other state in the United States; or

18           (B) submit the recipe, at the cottage food

19  operator's expense, to a commercial laboratory

20  according to the commercial laboratory's directions to

21  test that the product has been adequately acidified;

22  use only the varietal or proportionate varietals of

23  tomato included in the tested recipe for all

24  subsequent batches of such recipe; and provide

25  documentation of the annual test results of the recipe

26  submitted under this subparagraph upon registration
    SB2394 Enrolled     - 2373 - LRB104 09208 AMC 19265 b

1   and to an inspector upon request during any inspection

2   authorized by subsection (d).

3   (2) In order to sell a fermented or acidified food, a

4   cottage food operation shall either:

5   (A) submit a recipe that has been tested by the

6   United States Department of Agriculture or a

7   cooperative extension system located in this State or

8   any other state in the United States; or

9   (B) submit a written food safety plan for each

10  category of products for which the cottage food

11  operator uses the same procedures, such as pickles,

12  kimchi, or hot sauce, and a pH test for a single

13  product that is representative of that category; the

14  written food safety plan shall be submitted annually

15  upon registration and each pH test shall be submitted

16  every 3 years; the food safety plan shall adhere to

17  guidelines developed by the Department.

18  (3) A fermented or acidified food shall be packaged

19  according to one of the following standards:

20  (A) A fermented or acidified food that is canned

21  must be processed in a boiling water bath in a

22  Mason-style jar or glass container with a

23  tight-fitting lid.

24  (B) A fermented or acidified food that is not

25  canned shall be sold in any container that is new,

26  clean, and seals properly and must be stored,
    SB2394 Enrolled          - 2374 - LRB104 09208 AMC 19265 b

1   transported, and sold at or below 41 degrees.

2   (4) In order to sell a baked good with cheese, a local

3   health department may require a cottage food operation to

4   submit a recipe, at the cottage food operator's expense,

5   to a commercial laboratory to verify that it is not a

6   time/temperature time-or-temperature control for safety

7   food before allowing the cottage food operation to sell

8   the baked good as a cottage food.

9   (5) For a cottage food operation that does not utilize

10  a municipal water supply, such as an operation using a

11  private well, a local health department may require a

12  water sample test to verify that the water source being

13  used meets public safety standards related to E. coli

14  coliform. If a test is requested, it must be conducted at

15  the cottage food operator's expense.

16  (6) A person preparing or packaging a product as part

17  of a cottage food operation must be a Department-approved

18  certified food protection manager.

19  (7) Food packaging must conform with the labeling

20  requirements of the Illinois Food, Drug and Cosmetic Act.

21  A cottage food product shall be prepackaged and the food

22  packaging shall be affixed with a prominent label that

23  includes the following:

24  (A) the name of the cottage food operation and

25  unit of local government in which the cottage food

26  operation is located;
    SB2394 Enrolled  - 2375 - LRB104 09208 AMC 19265 b

1   (B) the identifying registration number provided

2   by the local health department on the certificate of

3   registration and the name of the municipality or

4   county in which the registration was filed;

5   (C) the common or usual name of the food product;

6   (D) all ingredients of the food product, including

7   any color, artificial flavor, and preservative, listed

8   in descending order by predominance of weight shown

9   with the common or usual names;

10  (E) the following phrase in prominent lettering:

11  "This product was produced in a home kitchen not

12  inspected by a health department that may also process

13  common food allergens. If you have safety concerns,

14  contact your local health department.";

15  (F) the date the product was processed; and

16  (G) allergen labeling as specified under federal

17  labeling requirements.

18  (8) Food packaging may include the designation

19  "Illinois-grown", "Illinois-sourced", or "Illinois farm

20  product" if the packaged product is a local farm or food

21  product as that term is defined in Section 5 of the Local

22  Food, Farms, and Jobs Act.

23  (9) In the case of a product that is difficult to

24  properly label or package, or for other reasons, the local

25  health department of the location where the product is

26  sold may grant permission to sell products that are not
    SB2394 Enrolled  - 2376 - LRB104 09208 AMC 19265 b

1   prepackaged, in which case other prominent written notice

2   shall be provided to the purchaser.

3   (10) At the point of sale, notice must be provided in a

4   prominent location that states the following: "This

5   product was produced in a home kitchen not inspected by a

6   health department that may also process common food

7   allergens." At a physical display, notice shall be a

8   placard. Online, notice shall be a message on the cottage

9   food operation's online sales interface at the point of

10  sale.

11  (11) Food and drink produced by a cottage food

12  operation shall be sold directly to consumers for their

13  own consumption and not for resale. Sales directly to

14  consumers include, but are not limited to, sales at or

15  through:

16         (A) farmers' markets;

17         (B) fairs, festivals, public events, or online;

18         (C) pickup from the private home or farm of the

19  cottage food operator, if the pickup is not prohibited

20  by any law of the unit of local government that applies

21  equally to all cottage food operations; in a

22  municipality with a population of 1,000,000 or more, a

23  cottage food operator shall comply with any law of the

24  municipality that applies equally to all home-based

25  businesses;

26         (D) delivery to the customer;
    SB2394 Enrolled       - 2377 - LRB104 09208 AMC 19265 b

1        (E) pickup from a third-party private property

2   with the consent of the third-party property holder;

3   and

4        (F) mobile farmers markets.

5   (12) Only food that is not a time/temperature

6   time-or-temperature control for safety food may be

7   shipped. A cottage food product shall not be shipped out

8   of State. Each cottage food product that is shipped must

9   be sealed in a manner that reveals tampering, including,

10  but not limited to, a sticker or pop top.

11  (13) Alcohol may be used to make extracts, such as

12  vanilla extract, or may be used as an ingredient in baked

13  goods as long as the created product is not intended for

14  use as a beverage.

15  (14) Time/temperature control for safety foods shall

16  be maintained and transported at holding temperatures as

17  set in the Department's administrative rules to ensure the

18  food's safety and limit microorganism growth or toxin

19  formation.

20  (15) A product assessment of pH and water activity may

21  be used to show that a product is non-time or temperature

22  controlled for food safety and does not require

23  temperature control.

24  (c) A local health department shall register any eligible

25 cottage food operation that meets the requirements of this

26 Section and shall issue a certificate of registration with an
    SB2394 Enrolled  - 2378 - LRB104 09208 AMC 19265 b

1 identifying registration number to each registered cottage

2 food operation. A local health department may establish a

3 self-certification program for cottage food operators to

4 affirm compliance with applicable laws, rules, and

5 regulations. Registration shall be completed annually and the

6 local health department may impose a fee not to exceed $50.

7   (d) In the event of a consumer complaint or foodborne

8 illness outbreak, upon notice from a different local health

9 department, or if the Department or a local health department

10 has reason to believe that an imminent health hazard exists or

11 that a cottage food operation's product has been found to be

12 misbranded, adulterated, or not in compliance with the

13 conditions for cottage food operations set forth in this

14 Section, the Department or the local health department may:

15  (1) inspect the premises of the cottage food operation

16  in question;

17  (2) set a reasonable fee for the inspection; and

18  (3) invoke penalties and the cessation of the sale of

19  cottage food products until it deems that the situation

20  has been addressed to the satisfaction of the Department

21  or local health department; if the situation is not

22  amenable to being addressed, the local health department

23  may revoke the cottage food operation's registration

24  following a process outlined by the local health

25  department.

26  (e) A local health department that receives a consumer
    SB2394 Enrolled  - 2379 - LRB104 09208 AMC 19265 b

1 complaint or a report of foodborne illness related to a

2 cottage food operator in another jurisdiction shall refer the

3 complaint or report to the local health department where the

4 cottage food operator is registered.

5   (f) By January 1, 2022, the Department, in collaboration

6 with local public health department associations and other

7 stakeholder groups, shall write and issue administrative

8 guidance to local health departments on the following:

9   (1) development of a standard registration form,

10  including, if applicable, a written food safety plan;

11  (2) development of a Home-Certification Self Checklist

12  Form;

13  (3) development of a standard inspection form and

14  inspection procedures; and

15  (4) procedures for cottage food operation workspaces

16  that include, but are not limited to, cleaning products,

17  general sanitation, and requirements for functional

18  equipment.

19  (g) A person who produces or packages a baked good that is

20 not a time/temperature control for safety food for sale by a

21 religious, charitable, or nonprofit organization for

22 fundraising purposes is exempt from the requirements of this

23 Section.

24  (h) A home rule unit may not regulate cottage food

25 operations in a manner inconsistent with the regulation by the

26 State of cottage food operations under this Section. This
    SB2394 Enrolled       - 2380 - LRB104 09208 AMC 19265 b

1 Section is a limitation under subsection (i) of Section 6 of

2 Article VII of the Illinois Constitution on the concurrent

3 exercise by home rule units of powers and functions exercised

4 by the State.

5   (i) The Department may adopt rules as may be necessary to

6 implement the provisions of this Section.

7 (Source: P.A. 102-633, eff. 1-1-22; 103-903, eff. 1-1-25;

8 revised 11-25-24.)

9   Section 950. The Cannabis Regulation and Tax Act is

10 amended by changing Sections 7-30, 10-45, 15-20, 15-36, 15-70,

11 and 20-15 as follows:

12  (410 ILCS 705/7-30)

13  Sec. 7-30. Reporting. By January 1, 2021, and on January 1

14 of every year thereafter, or upon request by the Illinois

15 Cannabis Regulation Oversight Officer, each cannabis business

16 establishment licensed under this Act and the Compassionate

17 Use of Medical Cannabis Program Act shall report to the

18 Illinois Cannabis Regulation Oversight Officer, on a form to

19 be provided by the Illinois Cannabis Regulation Oversight

20 Officer, information that will allow it to assess the extent

21 of diversity in the medical and adult use cannabis industry

22 and methods for reducing or eliminating any identified

23 barriers to entry, including access to capital. Failure of a

24 cannabis business establishment to respond to the request of
    SB2394 Enrolled     - 2381 - LRB104 09208 AMC 19265 b

1 the Cannabis Regulation Oversight Officer to complete the

2 form, report, and any other request for information may be

3 grounds for disciplinary action by the Department of Financial

4 and Professional Regulation or the Department of Agriculture.

5 The information to be collected shall be designed to identify

6 the following:

7   (1) the number and percentage of licenses provided to

8   Social Equity Applicants and to businesses owned by

9   minorities, women, veterans, and people with disabilities;

10  (2) the total number and percentage of employees in

11  the cannabis industry who meet the criteria in item (3)(i)

12  or (3)(ii) in the definition of Social Equity Applicant or

13  who are minorities, women, veterans, or people with

14  disabilities;

15  (3) the total number and percentage of contractors and

16  subcontractors in the cannabis industry that meet the

17  definition of a Social Equity Applicant or who are owned

18  by minorities, women, veterans, or people with

19  disabilities, if known to the cannabis business

20  establishment; and

21  (4) recommendations on reducing or eliminating any

22  identified barriers to entry, including access to capital,

23  in the cannabis industry.

24 (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;

25 revised 7-19-24.)
    SB2394 Enrolled       - 2382 - LRB104 09208 AMC 19265 b

1   (410 ILCS 705/10-45)

2   Sec. 10-45. Cannabis Equity Commission.

3   (a) The Cannabis Equity Commission is created and shall

4 reflect the diversity of the State of Illinois, including

5 geographic, racial, and ethnic diversity. The Cannabis Equity

6 Commission shall be responsible for the following:

7   (1) Ensuring that equity goals in the Illinois

8   cannabis industry, as stated in Section 10-40, are met.

9   (2) Tracking and analyzing minorities in the

10  marketplace.

11  (3) Ensuring that revenue is being invested properly

12  into R3 areas under Section 10-40.

13  (4) Recommending changes to make the law more

14  equitable to communities harmed the most by the war on

15  drugs.

16  (5) Create standards to protect true social equity

17  applicants from predatory businesses.

18  (b) The Cannabis Equity Commission's ex officio members

19 shall, within 4 months after March 23, 2021 (the effective

20 date of Public Act 101-658) this amendatory Act of the 101st

21 General Assembly, convene the Commission to appoint a full

22 Cannabis Equity Commission and oversee, provide guidance to,

23 and develop an administrative structure for the Cannabis

24 Equity Commission. The ex officio members are:

25  (1) The Governor, or his or her designee, who shall

26  serve as chair.
    SB2394 Enrolled          - 2383 - LRB104 09208 AMC 19265 b

1   (2) The Attorney General, or his or her designee.

2   (3) The Director of Commerce and Economic Opportunity,

3   or his or her designee.

4   (4) The Director of Public Health, or his or her

5   designee.

6   (5) The Director of Corrections, or his or her

7   designee.

8   (6) The Secretary Director of Financial and

9   Professional Regulation, or his or her designee.

10  (7) The Director of Agriculture, or his or her

11  designee.

12  (8) The Executive Director of the Illinois Criminal

13  Justice Information Authority, or his or her designee.

14  (9) The Secretary of Human Services, or his or her

15  designee.

16  (10) A member of the Senate, designated by the

17  President of the Senate.

18  (11) A member of the House of Representatives,

19  designated by the Speaker of the House of Representatives.

20  (12) A member of the Senate, designated by the

21  Minority Leader of the Senate.

22  (13) A member of the House of Representatives,

23  designated by the Minority Leader of the House of

24  Representatives.

25  (c) Within 90 days after the ex officio members convene,

26 the following members shall be appointed to the Commission by
    SB2394 Enrolled       - 2384 - LRB104 09208 AMC 19265 b

1 the chair:

2   (1) Four community-based providers or community

3   development organization representatives who provide

4   services to treat violence and address the social

5   determinants of health, or promote community investment,

6   including, but not limited to, services such as job

7   placement and training, educational services, workforce

8   development programming, and wealth building. No more than

9   2 community-based organization representatives shall work

10  primarily in Cook County. At least one of the

11  community-based providers shall have expertise in

12  providing services to an immigrant population.

13  (2) Two experts in the field of violence reduction.

14  (3) One male who has previously been incarcerated and

15  is over the age of 24 at the time of appointment.

16  (4) One female who has previously been incarcerated

17  and is over the age of 24 at the time of appointment.

18  (5) Two individuals who have previously been

19  incarcerated and are between the ages of 17 and 24 at the

20  time of appointment.

21  As used in this subsection (c), "an individual who has

22 been previously incarcerated" has the same meaning as defined

23 in paragraph (2) of subsection (e) of Section 10-40.

24 (Source: P.A. 101-658, eff. 3-23-21; revised 7-19-24.)

25  (410 ILCS 705/15-20)
    SB2394 Enrolled  - 2385 - LRB104 09208 AMC 19265 b

1   Sec. 15-20. Early Approval Adult Use Dispensing

2 Organization License; secondary site.

3   (a) Any medical cannabis dispensing organization holding a

4 valid registration under the Compassionate Use of Medical

5 Cannabis Program Act as of the effective date of this Act may,

6 within 60 days of the effective date of this Act, apply to the

7 Department for an Early Approval Adult Use Dispensing

8 Organization License to operate a dispensing organization to

9 serve purchasers at a secondary site not within 1,500 feet of

10 another medical cannabis dispensing organization or adult use

11 dispensing organization. The Early Approval Adult Use

12 Dispensing Organization secondary site shall be within any BLS

13 Region that shares territory with the dispensing organization

14 district to which the medical cannabis dispensing organization

15 is assigned under the administrative rules for dispensing

16 organizations under the Compassionate Use of Medical Cannabis

17 Program Act.

18  (a-5) If, within 360 days of the effective date of this

19 Act, a dispensing organization is unable to find a location

20 within the BLS Regions prescribed in subsection (a) of this

21 Section in which to operate an Early Approval Adult Use

22 Dispensing Organization at a secondary site because no

23 jurisdiction within the prescribed area allows the operation

24 of an Adult Use Cannabis Dispensing Organization, the

25 Department of Financial and Professional Regulation may waive

26 the geographic restrictions of subsection (a) of this Section
    SB2394 Enrolled         - 2386 - LRB104 09208 AMC 19265 b

1 and specify another BLS Region into which the dispensary may

2 be placed.

3   (b) (Blank).

4   (c) A medical cannabis dispensing organization seeking

5 issuance of an Early Approval Adult Use Dispensing

6 Organization License at a secondary site to serve purchasers

7 at a secondary site as prescribed in subsection (a) of this

8 Section shall submit an application on forms provided by the

9 Department. The application must meet or include the following

10 qualifications:

11  (1) a payment of a nonrefundable application fee of

12  $30,000;

13  (2) proof of registration as a medical cannabis

14  dispensing organization that is in good standing;

15  (3) submission of the application by the same person

16  or entity that holds the medical cannabis dispensing

17  organization registration;

18  (4) the legal name of the medical cannabis dispensing

19  organization;

20  (5) the physical address of the medical cannabis

21  dispensing organization and the proposed physical address

22  of the secondary site;

23  (6) a copy of the current local zoning ordinance

24  Sections relevant to dispensary operations and

25  documentation of the approval, the conditional approval or

26  the status of a request for zoning approval from the local
    SB2394 Enrolled  - 2387 - LRB104 09208 AMC 19265 b

1   zoning office that the proposed dispensary location is in

2   compliance with the local zoning rules;

3   (7) a plot plan of the dispensary drawn to scale. The

4   applicant shall submit general specifications of the

5   building exterior and interior layout;

6   (8) a statement that the dispensing organization

7   agrees to respond to the Department's supplemental

8   requests for information;

9   (9) for the building or land to be used as the proposed

10  dispensary:

11  (A) if the property is not owned by the applicant,

12  a written statement from the property owner and

13  landlord, if any, certifying consent that the

14  applicant may operate a dispensary on the premises; or

15  (B) if the property is owned by the applicant,

16  confirmation of ownership;

17  (10) a copy of the proposed operating bylaws;

18  (11) a copy of the proposed business plan that

19  complies with the requirements in this Act, including, at

20  a minimum, the following:

21  (A) a description of services to be offered; and

22  (B) a description of the process of dispensing

23  cannabis;

24  (12) a copy of the proposed security plan that

25  complies with the requirements in this Article, including:

26  (A) a description of the delivery process by which
    SB2394 Enrolled           - 2388 - LRB104 09208 AMC 19265 b

1   cannabis will be received from a transporting

2   organization, including receipt of manifests and

3   protocols that will be used to avoid diversion, theft,

4   or loss at the dispensary acceptance point; and

5   (B) the process or controls that will be

6   implemented to monitor the dispensary, secure the

7   premises, agents, patients, and currency, and prevent

8   the diversion, theft, or loss of cannabis; and

9   (C) the process to ensure that access to the

10  restricted access areas is restricted to, registered

11  agents,          service  professionals,  transporting

12  organization agents, Department inspectors, and

13  security personnel;

14  (13) a proposed inventory control plan that complies

15  with this Section;

16  (14) the name, address, social security number, and

17  date of birth of each principal officer and board member

18  of the dispensing organization; each of those individuals

19  shall be at least 21 years of age;

20  (15) a nonrefundable Cannabis Business Development Fee

21  equal to $200,000, to be deposited into the Cannabis

22  Business Development Fund; and

23  (16) a commitment to completing one of the following

24  Social Equity Inclusion Plans in subsection (d).

25  (d) Before receiving an Early Approval Adult Use

26 Dispensing Organization License at a secondary site, a
    SB2394 Enrolled         - 2389 - LRB104 09208 AMC 19265 b

1 dispensing organization shall indicate the Social Equity

2 Inclusion Plan that the applicant plans to achieve before the

3 expiration of the Early Approval Adult Use Dispensing

4 Organization License from the list below:

5   (1) make a contribution of 3% of total sales from June

6   1, 2018 to June 1, 2019, or $100,000, whichever is less, to

7   the Cannabis Business Development Fund. This is in

8   addition to the fee required by paragraph (16) of

9   subsection (c) of this Section;

10  (2) make a grant of 3% of total sales from June 1, 2018

11  to June 1, 2019, or $100,000, whichever is less, to a

12  cannabis industry training or education program at an

13  Illinois community college as defined in the Public

14  Community College Act;

15  (3) make a donation of $100,000 or more to a program

16  that provides job training services to persons recently

17  incarcerated or that operates in a Disproportionately

18  Impacted Area;

19  (4) participate as a host in a cannabis business

20  establishment incubator program approved by the Department

21  of Commerce and Economic Opportunity, and in which an

22  Early Approval Adult Use Dispensing Organization License

23  at a secondary site holder agrees to provide a loan of at

24  least $100,000 and mentorship to incubate, for at least a

25  year, a Social Equity Applicant intending to seek a

26  license or a licensee that qualifies as a Social Equity
    SB2394 Enrolled      - 2390 - LRB104 09208 AMC 19265 b

1   Applicant. In this paragraph (4), "incubate" means

2   providing direct financial assistance and training

3   necessary to engage in licensed cannabis industry activity

4   similar to that of the host licensee. The Early Approval

5   Adult Use Dispensing Organization License holder or the

6   same entity holding any other licenses issued under this

7   Act shall not take an ownership stake of greater than 10%

8   in any business receiving incubation services to comply

9   with this subsection. If an Early Approval Adult Use

10  Dispensing Organization License at a secondary site holder

11  fails to find a business to incubate in order to comply

12  with this subsection before its Early Approval Adult Use

13  Dispensing Organization License at a secondary site

14  expires, it may opt to meet the requirement of this

15  subsection by completing another item from this subsection

16  before the expiration of its Early Approval Adult Use

17  Dispensing Organization License at a secondary site to

18  avoid a penalty; or

19  (5) participate in a sponsorship program for at least

20  2 years approved by the Department of Commerce and

21  Economic Opportunity in which an Early Approval Adult Use

22  Dispensing Organization License at a secondary site holder

23  agrees to provide an interest-free loan of at least

24  $200,000 to a Social Equity Applicant. The sponsor shall

25  not take an ownership stake of greater than 10% in any

26  business receiving sponsorship services to comply with
    SB2394 Enrolled   - 2391 - LRB104 09208 AMC 19265 b

1   this subsection.

2   (e) The license fee required by paragraph (1) of

3 subsection (c) of this Section is in addition to any license

4 fee required for the renewal of a registered medical cannabis

5 dispensing organization license.

6   (f) Applicants must submit all required information,

7 including the requirements in subsection (c) of this Section,

8 to the Department. Failure by an applicant to submit all

9 required information may result in the application being

10 disqualified. Principal officers shall not be required to

11 submit to the fingerprint and background check requirements of

12 Section 5-20.

13  (g) If the Department receives an application that fails

14 to provide the required elements contained in subsection (c),

15 the Department shall issue a deficiency notice to the

16 applicant. The applicant shall have 10 calendar days from the

17 date of the deficiency notice to submit complete information.

18 Applications that are still incomplete after this opportunity

19 to cure may be disqualified.

20  (h) Once all required information and documents have been

21 submitted, the Department will review the application. The

22 Department may request revisions and retains final approval

23 over dispensary features. Once the application is complete and

24 meets the Department's approval, the Department shall

25 conditionally approve the license. Final approval is

26 contingent on the build-out and Department inspection.
    SB2394 Enrolled          - 2392 - LRB104 09208 AMC 19265 b

1   (i) Upon submission of the Early Approval Adult Use

2 Dispensing Organization at a secondary site application, the

3 applicant shall request an inspection and the Department may

4 inspect the Early Approval Adult Use Dispensing Organization's

5 secondary site to confirm compliance with the application and

6 this Act.

7   (j) The Department shall only issue an Early Approval

8 Adult Use Dispensing Organization License at a secondary site

9 after the completion of a successful inspection.

10  (k) If an applicant passes the inspection under this

11 Section, the Department shall issue the Early Approval Adult

12 Use Dispensing Organization License at a secondary site within

13 10 business days unless:

14  (1) the The licensee, any principal officer or board

15  member of the licensee, or any person having a financial

16  or voting interest of 5% or greater in the licensee is

17  delinquent in filing any required tax returns or paying

18  any amounts owed to the State of Illinois; or

19  (2) the The Secretary of Financial and Professional

20  Regulation determines there is reason, based on documented

21  compliance violations, the licensee is not entitled to an

22  Early Approval Adult Use Dispensing Organization License

23  at its secondary site.

24  (l) Once the Department has issued a license, the

25 dispensing organization shall notify the Department of the

26 proposed opening date.
    SB2394 Enrolled  - 2393 - LRB104 09208 AMC 19265 b

1   (m) A registered medical cannabis dispensing organization

2 that obtains an Early Approval Adult Use Dispensing

3 Organization License at a secondary site may begin selling

4 cannabis, cannabis-infused products, paraphernalia, and

5 related items to purchasers under the rules of this Act no

6 sooner than January 1, 2020.

7   (n) If there is a shortage of cannabis or cannabis-infused

8 products, a dispensing organization holding both a dispensing

9 organization license under the Compassionate Use of Medical

10 Cannabis Program Act and this Article shall prioritize serving

11 qualifying patients and caregivers before serving purchasers.

12  (o) An Early Approval Adult Use Dispensing Organization

13 License at a secondary site is valid until March 31, 2021. A

14 dispensing organization that obtains an Early Approval Adult

15 Use Dispensing Organization License at a secondary site shall

16 receive written or electronic notice 90 days before the

17 expiration of the license that the license will expire, and

18 inform the license holder that it may renew its Early Approval

19 Adult Use Dispensing Organization License at a secondary site.

20 The Department shall renew an Early Approval Adult Use

21 Dispensing Organization License at a secondary site within 60

22 days of submission of the renewal application being deemed

23 complete if:

24  (1) the dispensing organization submits an application

25  and the required nonrefundable renewal fee of $30,000, to

26  be deposited into the Cannabis Regulation Fund;
    SB2394 Enrolled  - 2394 - LRB104 09208 AMC 19265 b

1   (2) the Department has not suspended or permanently

2   revoked the Early Approval Adult Use Dispensing

3   Organization License or a medical cannabis dispensing

4   organization license held by the same person or entity for

5   violating this Act or rules adopted under this Act or the

6   Compassionate Use of Medical Cannabis Program Act or rules

7   adopted under that Act; and

8   (3) the dispensing organization has completed a Social

9   Equity Inclusion Plan provided by paragraph (1), (2), or

10  (3) of subsection (d) of this Section or has made

11  substantial progress toward completing a Social Equity

12  Inclusion Plan provided by paragraph (4) or (5) of

13  subsection (d) of this Section.

14  (p) The Early Approval Adult Use Dispensing Organization

15 Licensee at a secondary site renewed pursuant to subsection

16 (o) shall receive written or electronic notice 90 days before

17 the expiration of the license that the license will expire,

18 and that informs the license holder that it may apply for an

19 Adult Use Dispensing Organization License on forms provided by

20 the Department. The Department shall grant an Adult Use

21 Dispensing Organization License within 60 days of an

22 application being deemed complete if the applicant has meet

23 all of the criteria in Section 15-36.

24  (q) If a dispensing organization fails to submit an

25 application for renewal of an Early Approval Adult Use

26 Dispensing Organization License or for an Adult Use Dispensing
    SB2394 Enrolled   - 2395 - LRB104 09208 AMC 19265 b

1 Organization License before the expiration dates provided in

2 subsections (o) and (p) of this Section, the dispensing

3 organization shall cease serving purchasers until it receives

4 a renewal or an Adult Use Dispensing Organization License.

5   (r) A dispensing organization agent who holds a valid

6 dispensing organization agent identification card issued under

7 the Compassionate Use of Medical Cannabis Program Act and is

8 an officer, director, manager, or employee of the dispensing

9 organization licensed under this Section may engage in all

10 activities authorized by this Article to be performed by a

11 dispensing organization agent.

12  (s) If the Department suspends, permanently revokes, or

13 otherwise disciplines the Early Approval Adult Use Dispensing

14 Organization License of a dispensing organization that also

15 holds a medical cannabis dispensing organization license

16 issued under the Compassionate Use of Medical Cannabis Program

17 Act, the Department may consider the suspension, permanent

18 revocation, or other discipline as grounds to take

19 disciplinary action against the medical cannabis dispensing

20 organization.

21  (t) All fees collected pursuant to this Section shall be

22 deposited into the Cannabis Regulation Fund, unless otherwise

23 specified.

24 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

25 revised 7-19-24.)
    SB2394 Enrolled             - 2396 - LRB104 09208 AMC 19265 b

1   (410 ILCS 705/15-36)

2   Sec. 15-36. Adult Use Dispensing Organization License.

3   (a) A person is only eligible to receive an Adult Use

4 Dispensing Organization License if the person has been awarded

5 a Conditional Adult Use Dispensing Organization License

6 pursuant to this Act or has renewed its license pursuant to

7 subsection (k) of Section 15-15 or subsection (p) of Section

8 15-20.

9   (b) The Department shall not issue an Adult Use Dispensing

10 Organization License until:

11        (1) the Department has inspected the dispensary site

12  and proposed operations and verified that they are in

13  compliance with this Act and local zoning laws;

14        (2) the Conditional Adult Use Dispensing Organization

15  License holder has paid a license fee of $60,000 or a

16  prorated amount accounting for the difference of time

17  between when the Adult Use Dispensing Organization License

18  is issued and March 31 of the next even-numbered year; and

19        (3) the Conditional Adult Use Dispensing Organization

20  License holder has met all the requirements in this Act

21  and rules.

22  (c) No person or entity shall hold any legal, equitable,

23 ownership, or beneficial interest, directly or indirectly, of

24 more than 10 dispensing organizations licensed under this

25 Article. Further, no person or entity that is:

26        (1) employed by, is an agent of, or participates in
    SB2394 Enrolled  - 2397 - LRB104 09208 AMC 19265 b

1   the management of a dispensing organization or registered

2   medical cannabis dispensing organization;

3   (2) a principal officer of a dispensing organization

4   or registered medical cannabis dispensing organization; or

5   (3) an entity controlled by or affiliated with a

6   principal officer of a dispensing organization or

7   registered medical cannabis dispensing organization;

8 shall hold any legal, equitable, ownership, or beneficial

9 interest, directly or indirectly, in a dispensing organization

10 that would result in such person or entity owning or

11 participating in the management of more than 10 Early Approval

12 Adult Use Dispensing Organization Licenses, Early Approval

13 Adult Use Dispensing Organization Licenses at a secondary

14 site, Conditional Adult Use Dispensing Organization Licenses,

15 or Adult Use Dispensing Organization Licenses. For the purpose

16 of this subsection, participating in management may include,

17 without limitation, controlling decisions regarding staffing,

18 pricing, purchasing, marketing, store design, hiring, and

19 website design.

20  (d) The Department shall deny an application if granting

21 that application would result in a person or entity obtaining

22 direct or indirect financial interest in more than 10 Early

23 Approval Adult Use Dispensing Organization Licenses,

24 Conditional Adult Use Dispensing Organization Licenses, Adult

25 Use Dispensing Organization Licenses, or any combination

26 thereof. If a person or entity is awarded a Conditional Adult
    SB2394 Enrolled       - 2398 - LRB104 09208 AMC 19265 b

1 Use Dispensing Organization License that would cause the
2 person or entity to be in violation of this subsection, he,
3 she, or it shall choose which license application it wants to
4 abandon and such licenses shall become available to the next
5 qualified applicant in the region in which the abandoned
6 license was awarded.
7 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
8 revised 7-19-24.)

9   (410 ILCS 705/15-70)

10  Sec. 15-70. Operational requirements; prohibitions.

11  (a) A dispensing organization shall operate in accordance

12 with the representations made in its application and license

13 materials. It shall be in compliance with this Act and rules.

14  (b) A dispensing organization must include the legal name

15 of the dispensary on the packaging of any cannabis product it

16 sells.

17  (c) All cannabis, cannabis-infused products, and cannabis

18 seeds must be obtained from an Illinois registered adult use

19 cultivation center, craft grower, infuser, or another

20 dispensary.

21  (d) Dispensing organizations are prohibited from selling

22 any product containing alcohol except tinctures, which must be

23 limited to containers that are no larger than 100 milliliters.

24  (e) A dispensing organization shall inspect and count

25 product received from a transporting organization, adult use
    SB2394 Enrolled  - 2399 - LRB104 09208 AMC 19265 b

1 cultivation center, craft grower, infuser organization, or

2 other dispensing organization before dispensing it.

3   (f) A dispensing organization may only accept cannabis

4 deliveries into a restricted access area. Deliveries may not

5 be accepted through the public or limited access areas unless

6 otherwise approved by the Department.

7   (g) A dispensing organization shall maintain compliance

8 with State and local building, fire, and zoning requirements

9 or regulations.

10  (h) A dispensing organization shall submit a list to the

11 Department of the names of all service professionals that will

12 work at the dispensary. The list shall include a description

13 of the type of business or service provided. Changes to the

14 service professional list shall be promptly provided. No

15 service professional shall work in the dispensary until the

16 name is provided to the Department on the service professional

17 list.

18  (i) A dispensing organization's license allows for a

19 dispensary to be operated only at a single location.

20  (j) A dispensary may operate between 6 a.m. and 10 p.m.

21 local time.

22  (k) A dispensing organization must keep all lighting

23 outside and inside the dispensary in good working order and

24 wattage sufficient for security cameras.

25  (l) A dispensing organization must keep all air treatment

26 systems that will be installed to reduce odors in good working
    SB2394 Enrolled             - 2400 - LRB104 09208 AMC 19265 b

1 order.

2   (m) A dispensing organization must contract with a private

3 security contractor that is licensed under Section 10-5 of the

4 Private Detective, Private Alarm, Private Security,

5 Fingerprint Vendor, and Locksmith Act of 2004 to provide

6 on-site security at all hours of the dispensary's operation.

7   (n) A dispensing organization shall ensure that any

8 building or equipment used by a dispensing organization for

9 the storage or sale of cannabis is maintained in a clean and

10 sanitary condition.

11  (o) The dispensary shall be free from infestation by

12 insects, rodents, or pests.

13  (p) A dispensing organization shall not:

14        (1) Produce or manufacture cannabis;

15        (2) Accept a cannabis product from an adult use

16  cultivation center, craft grower, infuser, dispensing

17  organization, or transporting organization unless it is

18  pre-packaged and labeled in accordance with this Act and

19  any rules that may be adopted pursuant to this Act;

20        (3) Obtain cannabis or cannabis-infused products from

21  outside the State of Illinois;

22        (4) Sell cannabis or cannabis-infused products to a

23  purchaser unless the dispensing organization is licensed

24  under the Compassionate Use of Medical Cannabis Program

25  Act, and the individual is registered under the

26  Compassionate Use of Medical Cannabis Program or the
    SB2394 Enrolled  - 2401 - LRB104 09208 AMC 19265 b

1   purchaser has been verified to be 21 years of age or older;

2   (5) Enter into an exclusive agreement with any adult

3   use cultivation center, craft grower, or infuser.

4   Dispensaries shall provide consumers an assortment of

5   products from various cannabis business establishment

6   licensees such that the inventory available for sale at

7   any dispensary from any single cultivation center, craft

8   grower, processor, transporter, or infuser entity shall

9   not be more than 40% of the total inventory available for

10  sale. For the purpose of this subsection, a cultivation

11  center, craft grower, processor, or infuser shall be

12  considered part of the same entity if the licensees share

13  at least one principal officer. The Department may request

14  that a dispensary diversify its products as needed or

15  otherwise discipline a dispensing organization for

16  violating this requirement;

17  (6) Refuse to conduct business with an adult use

18  cultivation center, craft grower, transporting

19  organization, or infuser that has the ability to properly

20  deliver the product and is permitted by the Department of

21  Agriculture, on the same terms as other adult use

22  cultivation centers, craft growers, infusers, or

23  transporters with whom it is dealing;

24  (7) Operate drive-through windows;

25  (8) Allow for the dispensing of cannabis or

26  cannabis-infused products in vending machines;
    SB2394 Enrolled  - 2402 - LRB104 09208 AMC 19265 b

1   (9) Transport cannabis to residences or other

2   locations where purchasers may be for delivery;

3   (10) Enter into agreements to allow persons who are

4   not dispensing organization agents to deliver cannabis or

5   to transport cannabis to purchasers;

6   (11) Operate a dispensary if its video surveillance

7   equipment is inoperative;

8   (12) Operate a dispensary if the point-of-sale

9   equipment is inoperative;

10  (13) Operate a dispensary if the State's cannabis

11  electronic verification system is inoperative;

12  (14) Have fewer than 2 people working at the

13  dispensary at any time while the dispensary is open;

14  (15) Be located within 1,500 feet of the property line

15  of a pre-existing dispensing organization, unless the

16  applicant is a Social Equity Applicant or Social Equity

17  Justice Involved Applicant located or seeking to locate

18  within 1,500 feet of a dispensing organization licensed

19  under Section 15-15 or Section 15-20;

20  (16) Sell clones or any other live plant material;

21  (17) Sell cannabis, cannabis concentrate, or

22  cannabis-infused products in combination or bundled with

23  each other or any other items for one price, and each item

24  of cannabis, concentrate, or cannabis-infused product must

25  be separately identified by quantity and price on the

26  receipt;
    SB2394 Enrolled            - 2403 - LRB104 09208 AMC 19265 b

1   (18) Violate any other requirements or prohibitions

2   set by Department rules.

3   (q) It is unlawful for any person having an Early Approval

4 Adult Use Cannabis Dispensing Organization License, a

5 Conditional Adult Use Cannabis Dispensing Organization

6 License, an Adult Use Dispensing Organization License, or a

7 medical cannabis dispensing organization license issued under

8 the Compassionate Use of Medical Cannabis Program Act or any

9 officer, associate, member, representative, or agent of such

10 licensee to accept, receive, or borrow money or anything else

11 of value or accept or receive credit (other than merchandising

12 credit in the ordinary course of business for a period not to

13 exceed 30 days) directly or indirectly from any adult use

14 cultivation center, craft grower, infuser, or transporting

15 organization in exchange for preferential placement on the

16 dispensing organization's shelves, display cases, or website.

17 This includes anything received or borrowed or from any

18 stockholders, officers, agents, or persons connected with an

19 adult use cultivation center, craft grower, infuser, or

20 transporting organization.

21  (r) It is unlawful for any person having an Early Approval

22 Adult Use Cannabis Dispensing Organization License, a

23 Conditional Adult Use Cannabis Dispensing Organization

24 License, an Adult Use Dispensing Organization License, or a

25 medical cannabis dispensing organization license issued under

26 the Compassionate Use of Medical Cannabis Program to enter
    SB2394 Enrolled       - 2404 - LRB104 09208 AMC 19265 b

 1 into any contract with any person licensed to cultivate,
 2 process, or transport cannabis whereby such dispensing
 3 organization agrees not to sell any cannabis cultivated,
 4 processed, transported, manufactured, or distributed by any
 5 other cultivator, transporter, or infuser, and any provision
 6 in any contract violative of this Section shall render the
 7 whole of such contract void and no action shall be brought
 8 thereon in any court.
 9 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
10 102-98, eff. 7-15-21; revised 7-23-24.)

11  (410 ILCS 705/20-15)

12  Sec. 20-15. Conditional Adult Use Cultivation Center

13 application.

14  (a) If the Department of Agriculture makes available

15 additional cultivation center licenses pursuant to Section

16 20-5, applicants for a Conditional Adult Use Cultivation

17 Center License shall electronically submit the following in

18 such form as the Department of Agriculture may direct:

19  (1) the nonrefundable application fee set by rule by

20  the Department of Agriculture, to be deposited into the

21  Cannabis Regulation Fund;

22  (2) the legal name of the cultivation center;

23  (3) the proposed physical address of the cultivation

24  center;

25  (4) the name, address, social security number, and
    SB2394 Enrolled  - 2405 - LRB104 09208 AMC 19265 b

1   date of birth of each principal officer and board member

2   of the cultivation center; each principal officer and

3   board member shall be at least 21 years of age;

4   (5) the details of any administrative or judicial

5   proceeding in which any of the principal officers or board

6   members of the cultivation center (i) pled guilty, were

7   convicted, were fined, or had a registration or license

8   suspended or revoked, or (ii) managed or served on the

9   board of a business or non-profit organization that pled

10  guilty, was convicted, was fined, or had a registration or

11  license suspended or revoked;

12  (6) proposed operating bylaws that include procedures

13  for the oversight of the cultivation center, including the

14  development and implementation of a plant monitoring

15  system, accurate recordkeeping, staffing plan, and

16  security plan approved by the Illinois State Police that

17  are in accordance with the rules issued by the Department

18  of Agriculture under this Act. A physical inventory shall

19  be performed of all plants and cannabis on a weekly basis

20  by the cultivation center;

21  (7) verification from the Illinois State Police that

22  all background checks of the prospective principal

23  officers, board members, and agents of the cannabis

24  business establishment have been conducted;

25  (8) a copy of the current local zoning ordinance or

26  permit and verification that the proposed cultivation
    SB2394 Enrolled  - 2406 - LRB104 09208 AMC 19265 b

1   center is in compliance with the local zoning rules and

2   distance limitations established by the local

3   jurisdiction;

4   (9) proposed employment practices, in which the

5   applicant must demonstrate a plan of action to inform,

6   hire, and educate minorities, women, veterans, and persons

7   with disabilities, engage in fair labor practices, and

8   provide worker protections;

9   (10) whether an applicant can demonstrate experience

10  in or business practices that promote economic empowerment

11  in Disproportionately Impacted Areas;

12  (11) experience with the cultivation of agricultural

13  or horticultural products, operating an agriculturally

14  related business, or operating a horticultural business;

15  (12) a description of the enclosed, locked facility

16  where cannabis will be grown, harvested, manufactured,

17  processed, packaged, or otherwise prepared for

18  distribution to a dispensing organization;

19  (13) a survey of the enclosed, locked facility,

20  including the space used for cultivation;

21  (14) cultivation, processing, inventory, and packaging

22  plans;

23  (15) a description of the applicant's experience with

24  agricultural cultivation techniques and industry

25  standards;

26  (16) a list of any academic degrees, certifications,
    SB2394 Enrolled  - 2407 - LRB104 09208 AMC 19265 b

1   or relevant experience of all prospective principal

2   officers, board members, and agents of the related

3   business;

4   (17) the identity of every person having a financial

5   or voting interest of 5% or greater in the cultivation

6   center operation with respect to which the license is

7   sought, whether a trust, corporation, partnership, limited

8   liability company, or sole proprietorship, including the

9   name and address of each person;

10  (18) a plan describing how the cultivation center will

11  address each of the following:

12  (i) energy needs, including estimates of monthly

13  electricity and gas usage, to what extent it will

14  procure energy from a local utility or from on-site

15  generation, and if it has or will adopt a sustainable

16  energy use and energy conservation policy;

17  (ii) water needs, including estimated water draw

18  and if it has or will adopt a sustainable water use and

19  water conservation policy; and

20  (iii) waste management, including if it has or

21  will adopt a waste reduction policy;

22  (19) a diversity plan that includes a narrative of not

23  more than 2,500 words that establishes a goal of diversity

24  in ownership, management, employment, and contracting to

25  ensure that diverse participants and groups are afforded

26  equality of opportunity;
    SB2394 Enrolled  - 2408 - LRB104 09208 AMC 19265 b

1   (20) any other information required by rule;

2   (21) a recycling plan:

3   (A) Purchaser packaging, including cartridges,

4   shall be accepted by the applicant and recycled.

5   (B) Any recyclable waste generated by the cannabis

6   cultivation facility shall be recycled per applicable

7   State and local laws, ordinances, and rules.

8   (C) Any cannabis waste, liquid waste, or hazardous

9   waste shall be disposed of in accordance with 8 Ill.

10  Adm. Code 1000.460, except, to the greatest extent

11  feasible, all cannabis plant waste will be rendered

12  unusable by grinding and incorporating the cannabis

13  plant waste with compostable mixed waste to be

14  disposed of in accordance with 8 Ill. Adm. Code

15  1000.460(g)(1);

16  (22) commitment to comply with local waste provisions:

17  a cultivation facility must remain in compliance with

18  applicable State and federal environmental requirements,

19  including, but not limited to:

20  (A) storing, securing, and managing all

21  recyclables and waste, including organic waste

22  composed of or containing finished cannabis and

23  cannabis products, in accordance with applicable State

24  and local laws, ordinances, and rules; and

25  (B) disposing liquid waste containing cannabis or

26  byproducts of cannabis processing in compliance with
    SB2394 Enrolled    - 2409 - LRB104 09208 AMC 19265 b

1   all applicable State and federal requirements,

2   including, but not limited to, the cannabis

3   cultivation facility's permits under Title X of the

4   Environmental Protection Act; and

5   (23) a commitment to a technology standard for

6   resource efficiency of the cultivation center facility.

7   (A) A cannabis cultivation facility commits to use

8   resources efficiently, including energy and water. For

9   the following, a cannabis cultivation facility commits

10  to meet or exceed the technology standard identified

11  in items (i), (ii), (iii), and (iv), which may be

12  modified by rule:

13                   (i) lighting systems, including light bulbs;

14                   (ii) HVAC system;

15                   (iii) water application system to the crop;

16  and

17                   (iv) filtration system for removing

18  contaminants from wastewater.

19  (B) Lighting. The Lighting Power Densities (LPD)

20  for cultivation space commits to not exceed an average

21  of 36 watts per gross square foot of active and growing

22  space canopy, or all installed lighting technology

23  shall meet a photosynthetic photon efficacy (PPE) of

24  no less than 2.2 micromoles per joule fixture and

25  shall be featured on the DesignLights Consortium (DLC)

26  Horticultural Specification Qualified Products List
    SB2394 Enrolled  - 2410 - LRB104 09208 AMC 19265 b

1   (QPL). In the event that DLC requirement for minimum

2   efficacy exceeds 2.2 micromoles per joule fixture,

3   that PPE shall become the new standard.

4   (C) HVAC.

5                    (i) For cannabis grow operations with less

6   than 6,000 square feet of canopy, the licensee

7   commits that all HVAC units will be

8   high-efficiency ductless split HVAC units, or

9   other more energy efficient equipment.

10                   (ii) For cannabis grow operations with 6,000

11  square feet of canopy or more, the licensee

12  commits that all HVAC units will be variable

13  refrigerant flow HVAC units, or other more energy

14  efficient equipment.

15  (D) Water application.

16                   (i) The cannabis cultivation facility commits

17  to use automated watering systems, including, but

18  not limited to, drip irrigation and flood tables,

19  to irrigate cannabis crop.

20                   (ii) The cannabis cultivation facility commits

21  to measure runoff from watering events and report

22  this volume in its water usage plan, and that on

23  average, watering events shall have no more than

24  20% of runoff of water.

25  (E) Filtration. The cultivator commits that HVAC

26  condensate, dehumidification water, excess runoff, and
    SB2394 Enrolled         - 2411 - LRB104 09208 AMC 19265 b

1        other wastewater produced by the cannabis cultivation

2        facility shall be captured and filtered to the best of

3        the facility's ability to achieve the quality needed

4        to be reused in subsequent watering rounds.

5        (F) Reporting energy use and efficiency as

6        required by rule.

7   (b) Applicants must submit all required information,

8 including the information required in Section 20-10, to the

9 Department of Agriculture. Failure by an applicant to submit

10 all required information may result in the application being

11 disqualified.

12  (c) If the Department of Agriculture receives an

13 application with missing information, the Department of

14 Agriculture may issue a deficiency notice to the applicant.

15 The applicant shall have 10 calendar days from the date of the

16 deficiency notice to resubmit the incomplete information.

17 Applications that are still incomplete after this opportunity

18 to cure will not be scored and will be disqualified.

19  (d) (Blank).

20  (e) A cultivation center that is awarded a Conditional

21 Adult Use Cultivation Center License pursuant to the criteria

22 in Section 20-20 shall not grow, purchase, possess, or sell

23 cannabis or cannabis-infused products until the person has

24 received an Adult Use Cultivation Center License issued by the

25 Department of Agriculture pursuant to Section 20-21 of this

26 Act.
    SB2394 Enrolled  - 2412 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
2 102-538, eff. 8-20-21; revised 7-23-24.)

3   Section 955. The Environmental Protection Act is amended

4 by changing Sections 9.2, 12, 12.7, 39.5, 57.4, 57.5, 57.8,

5 57.9, 59.1, 59.9, and 59.10 and by setting forth, renumbering,

6 and changing multiple versions of Section 22.23e as follows:

7   (415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2)

8   Sec. 9.2. Sulfur dioxide emission standards.

9   (a) (Blank.)

10  (b) In granting any alternative emission standard or

11 variance relating to sulfur dioxide emissions from a

12 coal-burning stationary source, the Board may require the use

13 of Illinois coal as a condition of such alternative standard

14 or variance, provided that the Board determines that Illinois

15 coal of the proper quality is available and competitive in

16 price; such determination shall include consideration of the

17 cost of pollution control equipment and the economic impact on

18 the Illinois coal mining industry.

19 (Source: P.A. 92-574, eff. 9-26-02; revised 7-24-24.)

20  (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)

21  Sec. 12. Actions prohibited. No person shall:

22  (a) Cause or threaten or allow the discharge of any

23  contaminants into the environment in any State so as to
    SB2394 Enrolled   - 2413 - LRB104 09208 AMC 19265 b

1   cause or tend to cause water pollution in Illinois, either

2   alone or in combination with matter from other sources, or

3   so as to violate regulations or standards adopted by the

4   Pollution Control Board under this Act. Notwithstanding

5   any provision of law to the contrary, compliance with the

6   terms and conditions of a permit issued under Section

7   39(b) of this the Act for a permit that authorizes reuse of

8   wastewater for irrigation shall be deemed compliance with

9   this subsection.

10  (b) Construct, install, or operate any equipment,

11  facility, vessel, or aircraft capable of causing or

12  contributing to water pollution, or designed to prevent

13  water pollution, of any type designated by Board

14  regulations, without a permit granted by the Agency, or in

15  violation of any conditions imposed by such permit.

16  (c) Increase the quantity or strength of any discharge

17  of contaminants into the waters, or construct or install

18  any sewer or sewage treatment facility or any new outlet

19  for contaminants into the waters of this State, without a

20  permit granted by the Agency.

21  (d) Deposit any contaminants upon the land in such

22  place and manner so as to create a water pollution hazard.

23  (e) Sell, offer, or use any article in any area in

24  which the Board has by regulation forbidden its sale,

25  offer, or use for reasons of water pollution control.

26  (f) Cause, threaten, or allow the discharge of any
    SB2394 Enrolled  - 2414 - LRB104 09208 AMC 19265 b

1   contaminant into the waters of the State, as defined

2   herein, including, but not limited to, waters to any

3   sewage works, or into any well or from any point source

4   within the State, without an NPDES permit for point source

5   discharges issued by the Agency under Section 39(b) of

6   this Act, or in violation of any term or condition imposed

7   by such permit, or in violation of any NPDES permit filing

8   requirement established under Section 39(b), or in

9   violation of any regulations adopted by the Board or of

10  any order adopted by the Board with respect to the NPDES

11  program.

12  No permit shall be required under this subsection and

13  under Section 39(b) of this Act for any discharge for

14  which a permit is not required under the Federal Water

15  Pollution Control Act, as now or hereafter amended, and

16  regulations pursuant thereto.

17  For all purposes of this Act, a permit issued by the

18  Administrator of the United States Environmental

19  Protection Agency under Section 402 of the Federal Water

20  Pollution Control Act, as now or hereafter amended, shall

21  be deemed to be a permit issued by the Agency pursuant to

22  Section 39(b) of this Act. However, this shall not apply

23  to the exclusion from the requirement of an operating

24  permit provided under Section 13(b)(i).

25  Compliance with the terms and conditions of any permit

26  issued under Section 39(b) of this Act shall be deemed
    SB2394 Enrolled      - 2415 - LRB104 09208 AMC 19265 b

1   compliance with this subsection except that it shall not

2   be deemed compliance with any standard or effluent

3   limitation imposed for a toxic pollutant injurious to

4   human health.

5   In any case where a permit has been timely applied for

6   pursuant to Section 39(b) of this Act but final

7   administrative disposition of such application has not

8   been made, it shall not be a violation of this subsection

9   to discharge without such permit unless the complainant

10  proves that final administrative disposition has not been

11  made because of the failure of the applicant to furnish

12  information reasonably required or requested in order to

13  process the application.

14  (g) Cause, threaten, or allow the underground

15  injection of contaminants without a UIC permit issued by

16  the Agency under Section 39(d) of this Act, or in

17  violation of any term or condition imposed by such permit,

18  or in violation of any regulations or standards adopted by

19  the Board or of any order adopted by the Board with respect

20  to the UIC program.

21  No permit shall be required under this subsection and

22  under Section 39(d) of this Act for any underground

23  injection of contaminants for which a permit is not

24  required under Part C of the Safe Drinking Water Act (P.L.

25  93-523), as amended, unless a permit is authorized or

26  required under regulations adopted by the Board pursuant
    SB2394 Enrolled  - 2416 - LRB104 09208 AMC 19265 b

1   to Section 13 of this Act.

2   (h) Introduce contaminants into a sewage works from

3   any nondomestic source except in compliance with the

4   regulations and standards adopted by the Board under this

5   Act.

6   (i) Beginning January 1, 2013 or 6 months after the

7   date of issuance of a general NPDES permit for surface

8   discharging private sewage disposal systems by the

9   Illinois Environmental Protection Agency or by the United

10  States Environmental Protection Agency, whichever is

11  later, construct or install a surface discharging private

12  sewage disposal system that discharges into the waters of

13  the United States, as that term is used in the Federal

14  Water Pollution Control Act, unless he or she has a

15  coverage letter under a NPDES permit issued by the

16  Illinois Environmental Protection Agency or by the United

17  States Environmental Protection Agency or he or she is

18  constructing or installing the surface discharging private

19  sewage disposal system in a jurisdiction in which the

20  local public health department has a general NPDES permit

21  issued by the Illinois Environmental Protection Agency or

22  by the United States Environmental Protection Agency and

23  the surface discharging private sewage disposal system is

24  covered under the general NPDES permit.

25 (Source: P.A. 103-801, eff. 1-1-25; revised 11-25-24.)
    SB2394 Enrolled      - 2417 - LRB104 09208 AMC 19265 b

1   (415 ILCS 5/12.7)

2   Sec. 12.7. Wastewater reuse. Notwithstanding any other

3 provision of law, the use of treated municipal wastewater from

4 a publicly owned treatment works is authorized for irrigation

5 when conducted in accordance with a permit issued under

6 Section 39(b) of this the Act.

7 (Source: P.A. 103-801, eff. 1-1-25; revised 12-1-24.)

8   (415 ILCS 5/22.23e)

9   Sec. 22.23e. Paint and paint-related wastes.

10  (a) As used in this Section:

11  "Paint" means a pigmented or unpigmented powder coating,

12 or a pigmented or unpigmented mixture of binder and suitable

13 liquid, that forms an adherent coating when applied to a

14 surface. Powder coating is a surface coating that is applied

15 as a dry powder and is fused into a continuous coating film

16 through the use of heat. "Paint" includes architectural paint

17 as defined in the Paint Stewardship Act.

18  "Paint-related waste" is (i) material contaminated with

19 paint that results from the packaging of paint, wholesale and

20 retail operations, paint manufacturing, and paint application

21 or removal activities or (ii) material derived from the

22 reclamation of paint-related wastes that is recycled in a

23 manner other than burning for energy recovery or used in a

24 manner constituting disposal.

25  (b)(1) Paint and paint-related waste that are hazardous
    SB2394 Enrolled  - 2418 - LRB104 09208 AMC 19265 b

1 waste are hereby designated as a category of universal waste

2 subject to the streamlined hazardous waste rules set forth in

3 35 Ill. Adm. Code 733. Within 60 days after January 1, 2025

4 (the effective date of Public Act 103-887) this amendatory Act

5 of the 103rd General Assembly, the Agency shall propose, and

6 within 180 days after receipt of the Agency's proposal the

7 Board shall adopt, rules that reflect this designation and

8 that prescribe procedures and standards for the management of

9 hazardous waste paint and paint-related waste as a universal

10 waste consistent with the provisions set forth within this

11 Section.

12  (2) If the United States Environmental Protection Agency

13 adopts streamlined hazardous waste regulations pertaining to

14 the management of hazardous waste paint or paint-related

15 waste, or otherwise exempts such paint or paint-related waste

16 from regulation as hazardous waste, the Board shall adopt an

17 equivalent rule in accordance with Section 7.2 of this Act

18 within 180 days of adoption of the federal regulation. The

19 equivalent Board rule may serve as an alternative to the rules

20 adopted under paragraph (1) of this subsection (b).

21  (c) Until the Board adopts rules pursuant to paragraph (1)

22 of subsection (b) that prescribe procedures and standards for

23 the management of hazardous waste paint and paint-related

24 waste by small quantity handlers of universal waste, the

25 following requirements shall apply to small quantity handlers

26 of universal waste managing hazardous waste paint and
    SB2394 Enrolled  - 2419 - LRB104 09208 AMC 19265 b

1 paint-related waste as a universal waste:

2   (1) Waste Management. A small quantity handler of

3   universal waste shall manage universal waste paint and

4   paint-related waste in a way that prevents releases of any

5   universal waste or any component of universal waste to the

6   environment, including, but not limited to, in accordance

7   with the following requirements:

8   (A) The small quantity handler of universal waste

9   shall collect and store universal waste paint and

10  paint-related waste in containers that are

11  structurally sound, leakproof, and compatible with the

12  universal waste paint and paint-related waste.

13  (B) The small quantity handler of universal waste

14  shall ensure that containers in which the universal

15  waste paint and paint-related waste are contained do

16  not leak and remain closed, except when wastes are

17  being added to or removed from the container.

18  (C) The small quantity handler of universal waste,

19  upon detection of a release of universal waste paint

20  and paint-related waste, shall do the following:

21                   (i) Stop the release.

22                   (ii) Contain the released universal waste

23  paint and paint-related waste.

24                   (iii) Clean up and properly manage the

25  released universal waste paint and paint-related

26  waste and other materials generated from the
    SB2394 Enrolled    - 2420 - LRB104 09208 AMC 19265 b

1   cleanup.

2                    (iv) Remove any leaking container from service

3   by transferring the contents to another container.

4                    (v) Repair any leaking container before

5   returning it to service.

6   (D) A small quantity handler of universal waste

7   shall manage universal waste paint and paint-related

8   waste that is ignitable or reactive in accordance with

9   local fire codes.

10  (E) A small quantity handler of universal waste

11  shall manage universal waste paint and paint-related

12  waste that are incompatible in separate containers.

13  (F) A small quantity handler of universal waste

14  shall design, maintain, and operate areas of its

15  facility where universal waste paints and

16  paint-related wastes are collected and stored to

17  minimize the possibility of a fire, explosion, or

18  unplanned sudden or non-sudden release of universal

19  waste or hazardous constituents to air, soil, or

20  surface water which could threaten human health or the

21  environment.

22  (2) Labeling or marking. Each container in which

23  universal waste paint and paint-related waste is

24  accumulated shall be labeled to identify the contents of

25  the container.

26  (3) Accumulation time limits.
    SB2394 Enrolled  - 2421 - LRB104 09208 AMC 19265 b

1   (A) A small quantity handler of universal waste

2   may accumulate universal waste paint and paint-related

3   waste for no longer than one year from the date the

4   universal waste is generated. However, handlers may

5   accumulate universal waste for longer than one year if

6   the activity is solely for the purpose of accumulating

7   quantities to facilitate proper recovery, treatment,

8   or disposal. The handler bears the burden of proving

9   that this activity is solely for the purpose of

10  accumulation of the quantities of universal waste

11  necessary to facilitate proper recovery, treatment, or

12  disposal.

13  (B) A small quantity handler of universal waste

14  who accumulates universal waste must be able to

15  demonstrate the length of time that the universal

16  waste has been accumulated. The handler may make this

17  demonstration by any of the following methods:

18                   (i) placing the universal waste paint and

19  paint-related waste in a container and marking or

20  labeling the container with the earliest date that

21  universal waste paint or paint-related waste in

22  the container became a waste or was received;

23                   (ii) marking or labeling each individual item

24  of universal waste paint and paint-related waste

25  with the date the universal waste paint and

26  paint-related waste became a waste or was
    SB2394 Enrolled  - 2422 - LRB104 09208 AMC 19265 b

1   received;

2                    (iii) maintaining an inventory system on-site

3   that identifies the date each unit of universal

4   waste paint and paint-related waste became a waste

5   or was received;

6                    (iv) placing universal waste paint and

7   paint-related waste in a specific accumulation

8   area and identifying the earliest date that any of

9   the universal waste paint and paint-related waste

10  in the area became a waste or was received; or

11                   (v) any other method that clearly demonstrates

12  the length of time the universal waste paint and

13  paint-related waste have been accumulated from the

14  date they become a waste or are received.

15  (4) Employee training. A small quantity handler of

16  universal waste shall inform all employees who handle or

17  have responsibility for managing universal waste paint and

18  paint-related waste. The information shall describe proper

19  handling and emergency procedures appropriate to the

20  universal waste paint and paint-related waste.

21  (5) Response to releases.

22  (A) A small quantity handler of universal waste

23  must immediately contain all releases of universal

24  waste paint and paint-related waste and other residues

25  from universal waste paint and paint-related waste.

26  (B) A small quantity handler of universal waste
    SB2394 Enrolled  - 2423 - LRB104 09208 AMC 19265 b

1   must determine whether any material resulting from the

2   release is hazardous waste and, if so, must manage the

3   hazardous waste in compliance with all applicable

4   hazardous waste requirements of this Act and rules

5   adopted under this Act. The handler is considered the

6   generator of the material resulting from the release

7   and must manage the material in compliance with this

8   Act and rules adopted under this Act.

9   (6) Off-site shipments.

10  (A) A small quantity handler of universal waste is

11  prohibited from sending or taking universal waste

12  paint and paint-related waste to a place other than

13  another universal waste handler, a destination

14  facility, or a foreign destination.

15  (B) If a small quantity handler of universal waste

16  self-transports universal waste paint and

17  paint-related waste off-site offsite, the handler

18  becomes a universal waste transporter for those

19  self-transportation activities and shall comply with

20  the Board's existing rules for universal waste

21  transporters.

22  (C) If universal waste paint and paint-related

23  waste being offered for off-site transportation meets

24  the definition of hazardous materials under 49 CFR

25  Parts 171 to 180, a small quantity handler of

26  universal waste shall package, label, mark and placard
    SB2394 Enrolled    - 2424 - LRB104 09208 AMC 19265 b

1   the shipment, and prepare the proper shipping papers

2   in accordance with the applicable United States

3   Department of Transportation regulations under 49 CFR

4   Parts 172 to 180.

5   (D) Prior to sending a shipment of universal waste

6   paint and paint-related waste to another universal

7   waste handler, the originating handler shall ensure

8   that the receiving handler agrees to receive the

9   shipment.

10  (E) If a small quantity handler of universal waste

11  sends a shipment of universal waste paint and

12  paint-related waste to another handler or to a

13  destination facility and if the shipment is rejected

14  by the receiving handler or destination facility, the

15  originating handler shall either:

16                   (i) receive the universal waste paint and

17  paint-related waste back when notified that the

18  shipment has been rejected; or

19                   (ii) agree with the receiving handler on a

20  destination facility to which the shipment will be

21  sent.

22  (F) A small quantity handler of universal waste

23  may reject a shipment containing universal waste paint

24  and paint-related waste, or a portion of a shipment

25  containing universal waste paint and paint-related

26  waste, received from another handler. If a handler
    SB2394 Enrolled  - 2425 - LRB104 09208 AMC 19265 b

1   rejects a shipment or a portion of a shipment, the

2   rejecting handler shall contact the originating

3   handler to notify the originating handler of the

4   rejection and to discuss reshipment of the load. The

5   receiving handler shall:

6                    (i) send the shipment back to the originating

7   handler; or

8                    (ii) if agreed to by both the originating and

9   receiving handler, send the shipment to a

10  destination facility.

11  (G) If a small quantity handler of universal waste

12  receives a shipment of nonhazardous, non-universal

13  waste, the handler may manage the waste in any way that

14  is in compliance with applicable law.

15  (d) Until the Board adopts rules pursuant to subsection

16 (b), the following additional requirements shall apply:

17  (1) Paints and paint-related wastes that are exempt

18  household wastes or very small quantity generator wastes

19  under existing Board rules remain exempt from the

20  hazardous waste rules but may be managed as universal

21  wastes under 35 Ill. Adm. Code 733.108.

22  (2) Universal waste transporters that transport paints

23  or paint-related wastes that are universal wastes are

24  subject to the existing Board rules for universal waste

25  transporters.

26  (3) Universal waste destination facilities that manage
    SB2394 Enrolled       - 2426 - LRB104 09208 AMC 19265 b

1   paints or paint-related wastes that are universal wastes

2   are subject to the existing Board rules for universal

3   waste destination facilities.

4 (Source: P.A. 103-887, eff. 1-1-25; revised 12-1-24.)

5   (415 ILCS 5/22.23f)

6   Sec. 22.23f 22.23e. End-of-life electric vehicle and

7 battery electric storage system batteries.

8   (a) In this Section:

9   "Battery energy storage solution facility" or "BESS" means

10 a facility that stores and distributes energy in the form of

11 electricity and that stores electricity using battery devices

12 and other means. "Battery energy storage solution" or "BESS"

13 includes any permanent structures associated with the battery

14 energy storage facility and all associated transmission lines,

15 substations, and other equipment related to the storage and

16 transmission of electric power.

17  "Battery storage site" means a site where used batteries

18 are stored.

19  "Electric vehicle" or "EV" has the same meaning as defined

20 in Section 11-1308 of the Illinois Vehicle Code.

21  "Electric vehicle battery" or "EV battery" means a

22 rechargeable battery that is used to power the electric motors

23 that propel an electric vehicle. "Electric vehicle battery"

24 includes, but is not limited to, lithium-ion batteries and

25 nickel-metal hydride batteries.
    SB2394 Enrolled  - 2427 - LRB104 09208 AMC 19265 b

1   "Used battery" means an EV battery that is sold, given, or

2 otherwise conveyed to a battery storage site.

3   "Storage" means any accumulation of used batteries that

4 does not constitute disposal.

5   (b) No person shall cause or allow the operation of a

6 battery storage site at which 5,000 kilograms or more of used

7 batteries are stored at any one time unless:

8   (1) the battery storage site is registered with the

9   Agency in accordance with this Section;

10  (2) the owner or operator of the battery storage site

11  maintains records documenting the following:

12       (A) the weight or volume of whole or partial used

13  batteries received at the battery storage site each

14  week;

15       (B) the weight or volume of whole or partial used

16  batteries leaving the battery storage site each week;

17  and

18       (C) the weight or volume of whole or partial used

19  batteries remaining at the battery storage site at the

20  end of each week; and

21  (3) the owner or operator of the battery storage site

22  is an automotive parts recycler as defined in Section

23  1-105.3 of the Illinois Vehicle Code and licensed under

24  Section 5-301 of the Illinois Vehicle Code.

25  The records required under this Section shall be made

26 available for inspection and copying by the Agency during the
    SB2394 Enrolled          - 2428 - LRB104 09208 AMC 19265 b

1 normal business hours.

2   (c) The owner or operator of each battery storage site in

3 operation prior to February 1, 2026, at which 5,000 kilograms

4 or more of used batteries are stored at any one time, must

5 register with the Agency prior to February 1, 2026 and each

6 February 1 thereafter. Any owners or operators of a battery

7 storage site that comes into operation after February 1, 2026

8 shall register with the Agency prior to commencing operation.

9 Registration must be on forms and in a format prescribed by the

10 Agency. Agency registration forms shall include, at a minimum,

11 information regarding the following:

12  (1) the name and address of the owner and operator of

13  the battery storage site;

14  (2) A description of the operations conducted at the

15  battery storage site;

16  (3) the weight or volume of whole or partial used

17  batteries received at the battery storage site over the

18  past calendar year; and

19  (4) the weight or volume of whole or partial used

20  batteries at the battery storage site at the end of the

21  calendar year.

22  (d) No later than January 1, 2026 (one 1 year after the

23 effective date of Public Act 103-1006) this amendatory Act,

24 the Agency shall propose to the Board, and no later than one

25 year after receipt of the Agency's proposal, the Board shall

26 adopt, rules for the operation of battery storage sites. Such
    SB2394 Enrolled             - 2429 - LRB104 09208 AMC 19265 b

1 rules shall include, but not be limited to: requirements for
2 end-of-life battery receipt, handling, storage, and transfer;
3 standards for fire prevention; requirements for contingency
4 planning and emergency response; recordkeeping; reporting; and
5 financial assurance.
6 (Source: P.A. 103-1006, eff. 1-1-25; revised 12-3-24.)

7   (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)

8   Sec. 39.5. Clean Air Act Permit Program.

9   1. Definitions. For purposes of this Section:

10  "Administrative permit amendment" means a permit revision

11 subject to subsection 13 of this Section.

12  "Affected source for acid deposition" means a source that

13 includes one or more affected units under Title IV of the Clean

14 Air Act.

15  "Affected States" for purposes of formal distribution of a

16 draft CAAPP permit to other States for comments prior to

17 issuance, means all States:

18           (1) Whose air quality may be affected by the source

19  covered by the draft permit and that are contiguous to

20  Illinois; or

21           (2) That are within 50 miles of the source.

22  "Affected unit for acid deposition" shall have the meaning

23 given to the term "affected unit" in the regulations

24 promulgated under Title IV of the Clean Air Act.

25  "Applicable Clean Air Act requirement" means all of the
    SB2394 Enrolled  - 2430 - LRB104 09208 AMC 19265 b

1 following as they apply to emissions units in a source

2 (including regulations that have been promulgated or approved

3 by USEPA pursuant to the Clean Air Act which directly impose

4 requirements upon a source and other such federal requirements

5 which have been adopted by the Board. These may include

6 requirements and regulations which have future effective

7 compliance dates. Requirements and regulations will be exempt

8 if USEPA determines that such requirements need not be

9 contained in a Title V permit):

10  (1) Any standard or other requirement provided for in

11  the applicable state implementation plan approved or

12  promulgated by USEPA under Title I of the Clean Air Act

13  that implements the relevant requirements of the Clean Air

14  Act, including any revisions to the state Implementation

15  Plan promulgated in 40 CFR Part 52, Subparts A and O and

16  other subparts applicable to Illinois. For purposes of

17  this paragraph (1) of this definition, "any standard or

18  other requirement" means only such standards or

19  requirements directly enforceable against an individual

20  source under the Clean Air Act.

21  (2)(i) Any term or condition of any preconstruction

22  permits issued pursuant to regulations approved or

23  promulgated by USEPA under Title I of the Clean Air

24  Act, including Part C or D of the Clean Air Act.

25  (ii) Any term or condition as required pursuant to

26  this Section 39.5 of any federally enforceable State
    SB2394 Enrolled     - 2431 - LRB104 09208 AMC 19265 b

1   operating permit issued pursuant to regulations

2   approved or promulgated by USEPA under Title I of the

3   Clean Air Act, including Part C or D of the Clean Air

4   Act.

5   (3) Any standard or other requirement under Section

6   111 of the Clean Air Act, including Section 111(d).

7   (4) Any standard or other requirement under Section

8   112 of the Clean Air Act, including any requirement

9   concerning accident prevention under Section 112(r)(7) of

10  the Clean Air Act.

11  (5) Any standard or other requirement of the acid rain

12  program under Title IV of the Clean Air Act or the

13  regulations promulgated thereunder.

14  (6) Any requirements established pursuant to Section

15  504(b) or Section 114(a)(3) of the Clean Air Act.

16  (7) Any standard or other requirement governing solid

17  waste incineration, under Section 129 of the Clean Air

18  Act.

19  (8) Any standard or other requirement for consumer and

20  commercial products, under Section 183(e) of the Clean Air

21  Act.

22  (9) Any standard or other requirement for tank

23  vessels, under Section 183(f) of the Clean Air Act.

24  (10) Any standard or other requirement of the program

25  to control air pollution from Outer Continental Shelf

26  sources, under Section 328 of the Clean Air Act.
    SB2394 Enrolled     - 2432 - LRB104 09208 AMC 19265 b

1           (11) Any standard or other requirement of the

2   regulations promulgated to protect stratospheric ozone

3   under Title VI of the Clean Air Act, unless USEPA has

4   determined that such requirements need not be contained in

5   a Title V permit.

6           (12) Any national ambient air quality standard or

7   increment or visibility requirement under Part C of Title

8   I of the Clean Air Act, but only as it would apply to

9   temporary sources permitted pursuant to Section 504(e) of

10  the Clean Air Act.

11  "Applicable requirement" means all applicable Clean Air

12 Act requirements and any other standard, limitation, or other

13 requirement contained in this Act or regulations promulgated

14 under this Act as applicable to sources of air contaminants

15 (including requirements that have future effective compliance

16 dates).

17  "CAAPP" means the Clean Air Act Permit Program, developed

18 pursuant to Title V of the Clean Air Act.

19  "CAAPP application" means an application for a CAAPP

20 permit.

21  "CAAPP Permit" or "permit" (unless the context suggests

22 otherwise) means any permit issued, renewed, amended,

23 modified, or revised pursuant to Title V of the Clean Air Act.

24  "CAAPP source" means any source for which the owner or

25 operator is required to obtain a CAAPP permit pursuant to

26 subsection 2 of this Section.
    SB2394 Enrolled           - 2433 - LRB104 09208 AMC 19265 b

1   "Clean Air Act" means the Clean Air Act, as now and

2 hereafter amended, 42 U.S.C. 7401, et seq.

3   "Designated representative" has the meaning given to it in

4 Section 402(26) of the Clean Air Act and the regulations

5 promulgated thereunder, which state that the term "designated

6 representative" means a responsible person or official

7 authorized by the owner or operator of a unit to represent the

8 owner or operator in all matters pertaining to the holding,

9 transfer, or disposition of allowances allocated to a unit,

10 and the submission of and compliance with permits, permit

11 applications, and compliance plans for the unit.

12  "Draft CAAPP permit" means the version of a CAAPP permit

13 for which public notice and an opportunity for public comment

14 and hearing is offered by the Agency.

15  "Effective date of the CAAPP" means the date that USEPA

16 approves Illinois' CAAPP.

17  "Emission unit" means any part or activity of a stationary

18 source that emits or has the potential to emit any air

19 pollutant. This term is not meant to alter or affect the

20 definition of the term "unit" for purposes of Title IV of the

21 Clean Air Act.

22  "Federally enforceable" means enforceable by USEPA.

23  "Final permit action" means the Agency's granting with

24 conditions, refusal to grant, renewal of, or revision of a

25 CAAPP permit, the Agency's determination of incompleteness of

26 a submitted CAAPP application, or the Agency's failure to act
    SB2394 Enrolled  - 2434 - LRB104 09208 AMC 19265 b

1 on an application for a permit, permit renewal, or permit

2 revision within the time specified in subsection 13,

3 subsection 14, or paragraph (j) of subsection 5 of this

4 Section.

5   "General permit" means a permit issued to cover numerous

6 similar sources in accordance with subsection 11 of this

7 Section.

8   "Major source" means a source for which emissions of one

9 or more air pollutants meet the criteria for major status

10 pursuant to paragraph (c) of subsection 2 of this Section.

11  "Maximum achievable control technology" or "MACT" means

12 the maximum degree of reductions in emissions deemed

13 achievable under Section 112 of the Clean Air Act.

14  "Owner or operator" means any person who owns, leases,

15 operates, controls, or supervises a stationary source.

16  "Permit modification" means a revision to a CAAPP permit

17 that cannot be accomplished under the provisions for

18 administrative permit amendments under subsection 13 of this

19 Section.

20  "Permit revision" means a permit modification or

21 administrative permit amendment.

22  "Phase II" means the period of the national acid rain

23 program, established under Title IV of the Clean Air Act,

24 beginning January 1, 2000, and continuing thereafter.

25  "Phase II acid rain permit" means the portion of a CAAPP

26 permit issued, renewed, modified, or revised by the Agency
    SB2394 Enrolled  - 2435 - LRB104 09208 AMC 19265 b

1 during Phase II for an affected source for acid deposition.

2   "Potential to emit" means the maximum capacity of a

3 stationary source to emit any air pollutant under its physical

4 and operational design. Any physical or operational limitation

5 on the capacity of a source to emit an air pollutant, including

6 air pollution control equipment and restrictions on hours of

7 operation or on the type or amount of material combusted,

8 stored, or processed, shall be treated as part of its design if

9 the limitation is enforceable by USEPA. This definition does

10 not alter or affect the use of this term for any other purposes

11 under the Clean Air Act, or the term "capacity factor" as used

12 in Title IV of the Clean Air Act or the regulations promulgated

13 thereunder.

14  "Preconstruction Permit" or "Construction Permit" means a

15 permit which is to be obtained prior to commencing or

16 beginning actual construction or modification of a source or

17 emissions unit.

18  "Proposed CAAPP permit" means the version of a CAAPP

19 permit that the Agency proposes to issue and forwards to USEPA

20 for review in compliance with applicable requirements of the

21 Act and regulations promulgated thereunder.

22  "Regulated air pollutant" means the following:

23  (1) Nitrogen oxides (NOx) or any volatile organic

24  compound.

25  (2) Any pollutant for which a national ambient air

26  quality standard has been promulgated.
    SB2394 Enrolled         - 2436 - LRB104 09208 AMC 19265 b

1   (3) Any pollutant that is subject to any standard

2   promulgated under Section 111 of the Clean Air Act.

3   (4) Any Class I or II substance subject to a standard

4   promulgated under or established by Title VI of the Clean

5   Air Act.

6   (5) Any pollutant subject to a standard promulgated

7   under Section 112 or other requirements established under

8   Section 112 of the Clean Air Act, including Sections

9   112(g), (j), and (r).

10            (i) Any pollutant subject to requirements under

11  Section 112(j) of the Clean Air Act. Any pollutant

12  listed under Section 112(b) for which the subject

13  source would be major shall be considered to be

14  regulated 18 months after the date on which USEPA was

15  required to promulgate an applicable standard pursuant

16  to Section 112(e) of the Clean Air Act, if USEPA fails

17  to promulgate such standard.

18            (ii) Any pollutant for which the requirements of

19  Section 112(g)(2) of the Clean Air Act have been met,

20  but only with respect to the individual source subject

21  to Section 112(g)(2) requirement.

22  (6) Greenhouse gases.

23  "Renewal" means the process by which a permit is reissued

24 at the end of its term.

25  "Responsible official" means one of the following:

26  (1) For a corporation: a president, secretary,
    SB2394 Enrolled  - 2437 - LRB104 09208 AMC 19265 b

1   treasurer, or vice-president of the corporation in charge

2   of a principal business function, or any other person who

3   performs similar policy or decision-making functions for

4   the corporation, or a duly authorized representative of

5   such person if the representative is responsible for the

6   overall operation of one or more manufacturing,

7   production, or operating facilities applying for or

8   subject to a permit and either (i) the facilities employ

9   more than 250 persons or have gross annual sales or

10  expenditures exceeding $25 million (in second quarter 1980

11  dollars), or (ii) the delegation of authority to such

12  representative is approved in advance by the Agency.

13  (2) For a partnership or sole proprietorship: a

14  general partner or the proprietor, respectively, or in the

15  case of a partnership in which all of the partners are

16  corporations, a duly authorized representative of the

17  partnership if the representative is responsible for the

18  overall operation of one or more manufacturing,

19  production, or operating facilities applying for or

20  subject to a permit and either (i) the facilities employ

21  more than 250 persons or have gross annual sales or

22  expenditures exceeding $25 million (in second quarter 1980

23  dollars), or (ii) the delegation of authority to such

24  representative is approved in advance by the Agency.

25  (3) For a municipality, State, federal Federal, or

26  other public agency: either a principal executive officer
    SB2394 Enrolled  - 2438 - LRB104 09208 AMC 19265 b

1   or ranking elected official. For the purposes of this

2   part, a principal executive officer of a federal Federal

3   agency includes the chief executive officer having

4   responsibility for the overall operations of a principal

5   geographic unit of the agency (e.g., a Regional

6   Administrator of USEPA).

7   (4) For affected sources for acid deposition:

8   (i) The designated representative shall be the

9   "responsible official" in so far as actions,

10  standards, requirements, or prohibitions under Title

11  IV of the Clean Air Act or the regulations promulgated

12  thereunder are concerned.

13  (ii) The designated representative may also be the

14  "responsible official" for any other purposes with

15  respect to air pollution control.

16  "Section 502(b)(10) changes" means changes that contravene

17 express permit terms. "Section 502(b)(10) changes" do not

18 include changes that would violate applicable requirements or

19 contravene federally enforceable permit terms or conditions

20 that are monitoring (including test methods), recordkeeping,

21 reporting, or compliance certification requirements.

22  "Solid waste incineration unit" means a distinct operating

23 unit of any facility which combusts any solid waste material

24 from commercial or industrial establishments or the general

25 public (including single and multiple residences, hotels, and

26 motels). The term does not include incinerators or other units
    SB2394 Enrolled  - 2439 - LRB104 09208 AMC 19265 b

1 required to have a permit under Section 3005 of the Solid Waste

2 Disposal Act. The term also does not include (A) materials

3 recovery facilities (including primary or secondary smelters)

4 which combust waste for the primary purpose of recovering

5 metals, (B) qualifying small power production facilities, as

6 defined in Section 3(17)(C) of the Federal Power Act (16

7 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as

8 defined in Section 3(18)(B) of the Federal Power Act (16

9 U.S.C. 796(18)(B)), which burn homogeneous waste (such as

10 units which burn tires or used oil, but not including

11 refuse-derived fuel) for the production of electric energy or

12 in the case of qualifying cogeneration facilities which burn

13 homogeneous waste for the production of electric energy and

14 steam or forms of useful energy (such as heat) which are used

15 for industrial, commercial, heating, or cooling purposes, or

16 (C) air curtain incinerators provided that such incinerators

17 only burn wood wastes, yard waste, and clean lumber and that

18 such air curtain incinerators comply with opacity limitations

19 to be established by the USEPA by rule.

20  "Source" means any stationary source (or any group of

21 stationary sources) that is located on one or more contiguous

22 or adjacent properties that are under common control of the

23 same person (or persons under common control) and that belongs

24 to a single major industrial grouping. For the purposes of

25 defining "source," a stationary source or group of stationary

26 sources shall be considered part of a single major industrial
    SB2394 Enrolled  - 2440 - LRB104 09208 AMC 19265 b

1 grouping if all of the pollutant emitting activities at such

2 source or group of sources located on contiguous or adjacent

3 properties and under common control belong to the same Major

4 Group (i.e., all have the same two-digit code) as described in

5 the Standard Industrial Classification Manual, 1987, or such

6 pollutant emitting activities at a stationary source (or group

7 of stationary sources) located on contiguous or adjacent

8 properties and under common control constitute a support

9 facility. The determination as to whether any group of

10 stationary sources is located on contiguous or adjacent

11 properties, and/or is under common control, and/or whether the

12 pollutant emitting activities at such group of stationary

13 sources constitute a support facility shall be made on a

14 case-by-case case by case basis.

15  "Stationary source" means any building, structure,

16 facility, or installation that emits or may emit any regulated

17 air pollutant or any pollutant listed under Section 112(b) of

18 the Clean Air Act, except those emissions resulting directly

19 from an internal combustion engine for transportation purposes

20 or from a nonroad engine or nonroad vehicle as defined in

21 Section 216 of the Clean Air Act.

22  "Subject to regulation" has the meaning given to it in 40

23 CFR 70.2, as now or hereafter amended.

24  "Support facility" means any stationary source (or group

25 of stationary sources) that conveys, stores, or otherwise

26 assists to a significant extent in the production of a
    SB2394 Enrolled      - 2441 - LRB104 09208 AMC 19265 b

1 principal product at another stationary source (or group of

2 stationary sources). A support facility shall be considered to

3 be part of the same source as the stationary source (or group

4 of stationary sources) that it supports regardless of the

5 2-digit Standard Industrial Classification code for the

6 support facility.

7   "USEPA" means the Administrator of the United States

8 Environmental Protection Agency (USEPA) or a person designated

9 by the Administrator.

10  1.1. Exclusion From the CAAPP.

11  a. An owner or operator of a source which determines

12  that the source could be excluded from the CAAPP may seek

13  such exclusion prior to the date that the CAAPP

14  application for the source is due but in no case later than

15  9 months after the effective date of the CAAPP through the

16  imposition of federally enforceable conditions limiting

17  the "potential to emit" of the source to a level below the

18  major source threshold for that source as described in

19  paragraph (c) of subsection 2 of this Section, within a

20  State operating permit issued pursuant to subsection (a)

21  of Section 39 of this Act. After such date, an exclusion

22  from the CAAPP may be sought under paragraph (c) of

23  subsection 3 of this Section.

24  b. An owner or operator of a source seeking exclusion

25  from the CAAPP pursuant to paragraph (a) of this
    SB2394 Enrolled    - 2442 - LRB104 09208 AMC 19265 b

1   subsection must submit a permit application consistent

2   with the existing State permit program which specifically

3   requests such exclusion through the imposition of such

4   federally enforceable conditions.

5   c. Upon such request, if the Agency determines that

6   the owner or operator of a source has met the requirements

7   for exclusion pursuant to paragraph (a) of this subsection

8   and other applicable requirements for permit issuance

9   under subsection (a) of Section 39 of this Act, the Agency

10  shall issue a State operating permit for such source under

11  subsection (a) of Section 39 of this Act, as amended, and

12  regulations promulgated thereunder with federally

13  enforceable conditions limiting the "potential to emit" of

14  the source to a level below the major source threshold for

15  that source as described in paragraph (c) of subsection 2

16  of this Section.

17  d. The Agency shall provide an owner or operator of a

18  source which may be excluded from the CAAPP pursuant to

19  this subsection with reasonable notice that the owner or

20  operator may seek such exclusion.

21  e. The Agency shall provide such sources with the

22  necessary permit application forms.

23  2. Applicability.

24  a. Sources subject to this Section shall include:

25  i. Any major source as defined in paragraph (c) of
    SB2394 Enrolled   - 2443 - LRB104 09208 AMC 19265 b

1   this subsection.

2   ii. Any source subject to a standard or other

3   requirements promulgated under Section 111 (New Source

4   Performance Standards) or Section 112 (Hazardous Air

5   Pollutants) of the Clean Air Act, except that a source

6   is not required to obtain a permit solely because it is

7   subject to regulations or requirements under Section

8   112(r) of the Clean Air Act.

9   iii. Any affected source for acid deposition, as

10  defined in subsection 1 of this Section.

11  iv. Any other source subject to this Section under

12  the Clean Air Act or regulations promulgated

13  thereunder, or applicable Board regulations.

14  b. Sources exempted from this Section shall include:

15  i. All sources listed in paragraph (a) of this

16  subsection that are not major sources, affected

17  sources for acid deposition or solid waste

18  incineration units required to obtain a permit

19  pursuant to Section 129(e) of the Clean Air Act, until

20  the source is required to obtain a CAAPP permit

21  pursuant to the Clean Air Act or regulations

22  promulgated thereunder.

23  ii. Nonmajor sources subject to a standard or

24  other requirements subsequently promulgated by USEPA

25  under Section 111 or 112 of the Clean Air Act that are

26  determined by USEPA to be exempt at the time a new
    SB2394 Enrolled  - 2444 - LRB104 09208 AMC 19265 b

1   standard is promulgated.

2   iii. All sources and source categories that would

3   be required to obtain a permit solely because they are

4   subject to Part 60, Subpart AAA - Standards of

5   Performance for New Residential Wood Heaters (40 CFR

6   Part 60).

7   iv. All sources and source categories that would

8   be required to obtain a permit solely because they are

9   subject to Part 61, Subpart M - National Emission

10  Standard for Hazardous Air Pollutants for Asbestos,

11  Section 61.145 (40 CFR Part 61).

12  v. Any other source categories exempted by USEPA

13  regulations pursuant to Section 502(a) of the Clean

14  Air Act.

15  vi. Major sources of greenhouse gas emissions

16  required to obtain a CAAPP permit under this Section

17  if any of the following occurs:

18                   (A) enactment of federal legislation depriving

19  the Administrator of the USEPA of authority to

20  regulate greenhouse gases under the Clean Air Act;

21                   (B) the issuance of any opinion, ruling,

22  judgment, order, or decree by a federal court

23  depriving the Administrator of the USEPA of

24  authority to regulate greenhouse gases under the

25  Clean Air Act; or

26                   (C) action by the President of the United
    SB2394 Enrolled  - 2445 - LRB104 09208 AMC 19265 b

1   States or the President's authorized agent,

2   including the Administrator of the USEPA, to

3   repeal or withdraw the Greenhouse Gas Tailoring

4   Rule (75 Fed. Reg. 31514, June 3, 2010).

5   If any event listed in this subparagraph (vi)

6   occurs, CAAPP permits issued after such event shall

7   not impose permit terms or conditions addressing

8   greenhouse gases during the effectiveness of any event

9   listed in subparagraph (vi). If any event listed in

10  this subparagraph (vi) occurs, any owner or operator

11  with a CAAPP permit that includes terms or conditions

12  addressing greenhouse gases may elect to submit an

13  application to the Agency to address a revision or

14  repeal of such terms or conditions. If any owner or

15  operator submits such an application, the Agency shall

16  expeditiously process the permit application in

17  accordance with applicable laws and regulations.

18  Nothing in this subparagraph (vi) shall relieve an

19  owner or operator of a source from the requirement to

20  obtain a CAAPP permit for its emissions of regulated

21  air pollutants other than greenhouse gases, as

22  required by this Section.

23  c. For purposes of this Section the term "major

24  source" means any source that is:

25  i. A major source under Section 112 of the Clean

26  Air Act, which is defined as:
    SB2394 Enrolled  - 2446 - LRB104 09208 AMC 19265 b

1                    A. For pollutants other than radionuclides,

2   any stationary source or group of stationary

3   sources located within a contiguous area and under

4   common control that emits or has the potential to

5   emit, in the aggregate, 10 tons per year (tpy) or

6   more of any hazardous air pollutant which has been

7   listed pursuant to Section 112(b) of the Clean Air

8   Act, 25 tpy or more of any combination of such

9   hazardous air pollutants, or such lesser quantity

10  as USEPA may establish by rule. Notwithstanding

11  the preceding sentence, emissions from any oil or

12  gas exploration or production well (with its

13  associated equipment) and emissions from any

14  pipeline compressor or pump station shall not be

15  aggregated with emissions from other similar

16  units, whether or not such units are in a

17  contiguous area or under common control, to

18  determine whether such stations are major sources.

19                   B. For radionuclides, "major source" shall

20  have the meaning specified by the USEPA by rule.

21  ii. A major stationary source of air pollutants,

22  as defined in Section 302 of the Clean Air Act, that

23  directly emits or has the potential to emit, 100 tpy or

24  more of any air pollutant subject to regulation

25  (including any major source of fugitive emissions of

26  any such pollutant, as determined by rule by USEPA).
    SB2394 Enrolled  - 2447 - LRB104 09208 AMC 19265 b

1   For purposes of this subsection, "fugitive emissions"

2   means those emissions which could not reasonably pass

3   through a stack, chimney, vent, or other functionally

4   equivalent functionally-equivalent opening. The

5   fugitive emissions of a stationary source shall not be

6   considered in determining whether it is a major

7   stationary source for the purposes of Section 302(j)

8   of the Clean Air Act, unless the source belongs to one

9   of the following categories of stationary source:

10                   A. Coal cleaning plants (with thermal dryers).

11                   B. Kraft pulp mills.

12                   C. Portland cement plants.

13                   D. Primary zinc smelters.

14                   E. Iron and steel mills.

15                   F. Primary aluminum ore reduction plants.

16                   G. Primary copper smelters.

17                   H. Municipal incinerators capable of charging

18  more than 250 tons of refuse per day.

19                   I. Hydrofluoric, sulfuric, or nitric acid

20  plants.

21                   J. Petroleum refineries.

22                   K. Lime plants.

23                   L. Phosphate rock processing plants.

24                   M. Coke oven batteries.

25                   N. Sulfur recovery plants.

26                   O. Carbon black plants (furnace process).
    SB2394 Enrolled  - 2448 - LRB104 09208 AMC 19265 b

1                    P. Primary lead smelters.

2                    Q. Fuel conversion plants.

3                    R. Sintering plants.

4                    S. Secondary metal production plants.

5                    T. Chemical process plants.

6                    U. Fossil-fuel boilers (or combination

7   thereof) totaling more than 250 million British

8   thermal units per hour heat input.

9                    V. Petroleum storage and transfer units with a

10  total storage capacity exceeding 300,000 barrels.

11                   W. Taconite ore processing plants.

12                   X. Glass fiber processing plants.

13                   Y. Charcoal production plants.

14                   Z. Fossil fuel-fired steam electric plants of

15  more than 250 million British thermal units per

16  hour heat input.

17                   AA. All other stationary source categories,

18  which as of August 7, 1980 are being regulated by a

19  standard promulgated under Section 111 or 112 of

20  the Clean Air Act.

21                   BB. Any other stationary source category

22  designated by USEPA by rule.

23  iii. A major stationary source as defined in part

24  D of Title I of the Clean Air Act including:

25                   A. For ozone nonattainment areas, sources with

26  the potential to emit 100 tons or more per year of
    SB2394 Enrolled  - 2449 - LRB104 09208 AMC 19265 b

1   volatile organic compounds or oxides of nitrogen

2   in areas classified as "marginal" or "moderate",

3   50 tons or more per year in areas classified as

4   "serious", 25 tons or more per year in areas

5   classified as "severe", and 10 tons or more per

6   year in areas classified as "extreme"; except that

7   the references in this clause to 100, 50, 25, and

8   10 tons per year of nitrogen oxides shall not

9   apply with respect to any source for which USEPA

10  has made a finding, under Section 182(f)(1) or (2)

11  of the Clean Air Act, that requirements otherwise

12  applicable to such source under Section 182(f) of

13  the Clean Air Act do not apply. Such sources shall

14  remain subject to the major source criteria of

15  subparagraph (ii) of paragraph (c) of this

16  subsection.

17                   B. For ozone transport regions established

18  pursuant to Section 184 of the Clean Air Act,

19  sources with the potential to emit 50 tons or more

20  per year of volatile organic compounds (VOCs).

21                   C. For carbon monoxide nonattainment areas (1)

22  that are classified as "serious", and (2) in which

23  stationary sources contribute significantly to

24  carbon monoxide levels as determined under rules

25  issued by USEPA, sources with the potential to

26  emit 50 tons or more per year of carbon monoxide.
    SB2394 Enrolled          - 2450 - LRB104 09208 AMC 19265 b

1                    D. For particulate matter (PM-10)

2   nonattainment areas classified as "serious",

3   sources with the potential to emit 70 tons or more

4   per year of PM-10.

5   3. Agency Authority To Issue CAAPP Permits and Federally

6 Enforceable State Operating Permits.

7   a. The Agency shall issue CAAPP permits under this

8   Section consistent with the Clean Air Act and regulations

9   promulgated thereunder and this Act and regulations

10  promulgated thereunder.

11  b. The Agency shall issue CAAPP permits for fixed

12  terms of 5 years, except CAAPP permits issued for solid

13  waste incineration units combusting municipal waste which

14  shall be issued for fixed terms of 12 years and except

15  CAAPP permits for affected sources for acid deposition

16  which shall be issued for initial terms to expire on

17  December 31, 1999, and for fixed terms of 5 years

18  thereafter.

19  c. The Agency shall have the authority to issue a

20  State operating permit for a source under subsection (a)

21  of Section 39 of this Act, as amended, and regulations

22  promulgated thereunder, which includes federally

23  enforceable conditions limiting the "potential to emit" of

24  the source to a level below the major source threshold for

25  that source as described in paragraph (c) of subsection 2
    SB2394 Enrolled  - 2451 - LRB104 09208 AMC 19265 b

1   of this Section, thereby excluding the source from the

2   CAAPP, when requested by the applicant pursuant to

3   paragraph (u) of subsection 5 of this Section. The public

4   notice requirements of this Section applicable to CAAPP

5   permits shall also apply to the initial issuance of

6   permits under this paragraph.

7   d. For purposes of this Act, a permit issued by USEPA

8   under Section 505 of the Clean Air Act, as now and

9   hereafter amended, shall be deemed to be a permit issued

10  by the Agency pursuant to this Section 39.5 of this Act.

11  4. Transition.

12  a. An owner or operator of a CAAPP source shall not be

13  required to renew an existing State operating permit for

14  any emission unit at such CAAPP source once a CAAPP

15  application timely submitted prior to expiration of the

16  State operating permit has been deemed complete. For

17  purposes other than permit renewal, the obligation upon

18  the owner or operator of a CAAPP source to obtain a State

19  operating permit is not removed upon submittal of the

20  complete CAAPP permit application. An owner or operator of

21  a CAAPP source seeking to make a modification to a source

22  prior to the issuance of its CAAPP permit shall be

23  required to obtain a construction permit, operating

24  permit, or both as required for such modification in

25  accordance with the State permit program under subsection
    SB2394 Enrolled   - 2452 - LRB104 09208 AMC 19265 b

1   (a) of Section 39 of this Act, as amended, and regulations

2   promulgated thereunder. The application for such

3   construction permit, operating permit, or both shall be

4   considered an amendment to the CAAPP application submitted

5   for such source.

6   b. An owner or operator of a CAAPP source shall

7   continue to operate in accordance with the terms and

8   conditions of its applicable State operating permit

9   notwithstanding the expiration of the State operating

10  permit until the source's CAAPP permit has been issued.

11  c. An owner or operator of a CAAPP source shall submit

12  its initial CAAPP application to the Agency no later than

13  12 months after the effective date of the CAAPP. The

14  Agency may request submittal of initial CAAPP applications

15  during this 12-month period according to a schedule set

16  forth within Agency procedures, however, in no event shall

17  the Agency require such submittal earlier than 3 months

18  after such effective date of the CAAPP. An owner or

19  operator may voluntarily submit its initial CAAPP

20  application prior to the date required within this

21  paragraph or applicable procedures, if any, subsequent to

22  the date the Agency submits the CAAPP to USEPA for

23  approval.

24  d. The Agency shall act on initial CAAPP applications

25  in accordance with paragraph (j) of subsection 5 of this

26  Section.
    SB2394 Enrolled          - 2453 - LRB104 09208 AMC 19265 b

1   e. For purposes of this Section, the term "initial

2   CAAPP application" shall mean the first CAAPP application

3   submitted for a source existing as of the effective date

4   of the CAAPP.

5   f. The Agency shall provide owners or operators of

6   CAAPP sources with at least 3 months advance notice of the

7   date on which their applications are required to be

8   submitted. In determining which sources shall be subject

9   to early submittal, the Agency shall include among its

10  considerations the complexity of the permit application,

11  and the burden that such early submittal will have on the

12  source.

13  g. The CAAPP permit shall upon becoming effective

14  supersede the State operating permit.

15  h. The Agency shall have the authority to adopt

16  procedural rules, in accordance with the Illinois

17  Administrative Procedure Act, as the Agency deems

18  necessary, to implement this subsection.

19  5. Applications and Completeness.

20  a. An owner or operator of a CAAPP source shall submit

21  its complete CAAPP application consistent with the Act and

22  applicable regulations.

23  b. An owner or operator of a CAAPP source shall submit

24  a single complete CAAPP application covering all emission

25  units at that source.
    SB2394 Enrolled  - 2454 - LRB104 09208 AMC 19265 b

1   c. To be deemed complete, a CAAPP application must

2   provide all information, as requested in Agency

3   application forms, sufficient to evaluate the subject

4   source and its application and to determine all applicable

5   requirements, pursuant to the Clean Air Act, and

6   regulations thereunder, this Act and regulations

7   thereunder. Such Agency application forms shall be

8   finalized and made available prior to the date on which

9   any CAAPP application is required.

10  d. An owner or operator of a CAAPP source shall

11  submit, as part of its complete CAAPP application, a

12  compliance plan, including a schedule of compliance,

13  describing how each emission unit will comply with all

14  applicable requirements. Any such schedule of compliance

15  shall be supplemental to, and shall not sanction

16  noncompliance with, the applicable requirements on which

17  it is based.

18  e. Each submitted CAAPP application shall be certified

19  for truth, accuracy, and completeness by a responsible

20  official in accordance with applicable regulations.

21  f. The Agency shall provide notice to a CAAPP

22  applicant as to whether a submitted CAAPP application is

23  complete. Unless the Agency notifies the applicant of

24  incompleteness, within 60 days after receipt of the CAAPP

25  application, the application shall be deemed complete. The

26  Agency may request additional information as needed to
    SB2394 Enrolled  - 2455 - LRB104 09208 AMC 19265 b

1   make the completeness determination. The Agency may to the

2   extent practicable provide the applicant with a reasonable

3   opportunity to correct deficiencies prior to a final

4   determination of completeness.

5   g. If after the determination of completeness the

6   Agency finds that additional information is necessary to

7   evaluate or take final action on the CAAPP application,

8   the Agency may request in writing such information from

9   the source with a reasonable deadline for response.

10  h. If the owner or operator of a CAAPP source submits a

11  timely and complete CAAPP application, the source's

12  failure to have a CAAPP permit shall not be a violation of

13  this Section until the Agency takes final action on the

14  submitted CAAPP application, provided, however, where the

15  applicant fails to submit the requested information under

16  paragraph (g) of this subsection 5 within the time frame

17  specified by the Agency, this protection shall cease to

18  apply.

19  i. Any applicant who fails to submit any relevant

20  facts necessary to evaluate the subject source and its

21  CAAPP application or who has submitted incorrect

22  information in a CAAPP application shall, upon becoming

23  aware of such failure or incorrect submittal, submit

24  supplementary facts or correct information to the Agency.

25  In addition, an applicant shall provide to the Agency

26  additional information as necessary to address any
    SB2394 Enrolled      - 2456 - LRB104 09208 AMC 19265 b

1   requirements which become applicable to the source

2   subsequent to the date the applicant submitted its

3   complete CAAPP application but prior to release of the

4   draft CAAPP permit.

5   j. The Agency shall issue or deny the CAAPP permit

6   within 18 months after the date of receipt of the complete

7   CAAPP application, with the following exceptions: (i)

8   permits for affected sources for acid deposition shall be

9   issued or denied within 6 months after receipt of a

10  complete application in accordance with subsection 17 of

11  this Section; (ii) the Agency shall act on initial CAAPP

12  applications within 24 months after the date of receipt of

13  the complete CAAPP application; (iii) the Agency shall act

14  on complete applications containing early reduction

15  demonstrations under Section 112(i)(5) of the Clean Air

16  Act within 9 months of receipt of the complete CAAPP

17  application.

18  Where the Agency does not take final action on the

19  permit within the required time period, the permit shall

20  not be deemed issued; rather, the failure to act shall be

21  treated as a final permit action for purposes of judicial

22  review pursuant to Sections 40.2 and 41 of this Act.

23  k. The submittal of a complete CAAPP application shall

24  not affect the requirement that any source have a

25  preconstruction permit under Title I of the Clean Air Act.

26  l. Unless a timely and complete renewal application
    SB2394 Enrolled         - 2457 - LRB104 09208 AMC 19265 b

1   has been submitted consistent with this subsection, a

2   CAAPP source operating upon the expiration of its CAAPP

3   permit shall be deemed to be operating without a CAAPP

4   permit. Such operation is prohibited under this Act.

5   m. Permits being renewed shall be subject to the same

6   procedural requirements, including those for public

7   participation and federal review and objection, that apply

8   to original permit issuance.

9   n. For purposes of permit renewal, a timely

10  application is one that is submitted no less than 9 months

11  prior to the date of permit expiration.

12  o. The terms and conditions of a CAAPP permit shall

13  remain in effect until the issuance of a CAAPP renewal

14  permit provided a timely and complete CAAPP application

15  has been submitted.

16  p. The owner or operator of a CAAPP source seeking a

17  permit shield pursuant to paragraph (j) of subsection 7 of

18  this Section shall request such permit shield in the CAAPP

19  application regarding that source.

20  q. The Agency shall make available to the public all

21  documents submitted by the applicant to the Agency,

22  including each CAAPP application, compliance plan

23  (including the schedule of compliance), and emissions or

24  compliance monitoring report, with the exception of

25  information entitled to confidential treatment pursuant to

26  Section 7 of this Act.
    SB2394 Enrolled       - 2458 - LRB104 09208 AMC 19265 b

1   r. The Agency shall use the standardized forms

2   required under Title IV of the Clean Air Act and

3   regulations promulgated thereunder for affected sources

4   for acid deposition.

5   s. An owner or operator of a CAAPP source may include

6   within its CAAPP application a request for permission to

7   operate during a startup, malfunction, or breakdown

8   consistent with applicable Board regulations.

9   t. An owner or operator of a CAAPP source, in order to

10  utilize the operational flexibility provided under

11  paragraph (l) of subsection 7 of this Section, must

12  request such use and provide the necessary information

13  within its CAAPP application.

14  u. An owner or operator of a CAAPP source which seeks

15  exclusion from the CAAPP through the imposition of

16  federally enforceable conditions, pursuant to paragraph

17  (c) of subsection 3 of this Section, must request such

18  exclusion within a CAAPP application submitted consistent

19  with this subsection on or after the date that the CAAPP

20  application for the source is due. Prior to such date, but

21  in no case later than 9 months after the effective date of

22  the CAAPP, such owner or operator may request the

23  imposition of federally enforceable conditions pursuant to

24  paragraph (b) of subsection 1.1 of this Section.

25  v. CAAPP applications shall contain accurate

26  information on allowable emissions to implement the fee
    SB2394 Enrolled  - 2459 - LRB104 09208 AMC 19265 b

1   provisions of subsection 18 of this Section.

2   w. An owner or operator of a CAAPP source shall submit

3   within its CAAPP application emissions information

4   regarding all regulated air pollutants emitted at that

5   source consistent with applicable Agency procedures.

6   Emissions information regarding insignificant activities

7   or emission levels, as determined by the Agency pursuant

8   to Board regulations, may be submitted as a list within

9   the CAAPP application. The Agency shall propose

10  regulations to the Board defining insignificant activities

11  or emission levels, consistent with federal regulations,

12  if any, no later than 18 months after the effective date of

13  Public Act 87-1213 this amendatory Act of 1992, consistent

14  with Section 112(n)(1) of the Clean Air Act. The Board

15  shall adopt final regulations defining insignificant

16  activities or emission levels no later than 9 months after

17  the date of the Agency's proposal.

18  x. The owner or operator of a new CAAPP source shall

19  submit its complete CAAPP application consistent with this

20  subsection within 12 months after commencing operation of

21  such source. The owner or operator of an existing source

22  that has been excluded from the provisions of this Section

23  under subsection 1.1 or paragraph (c) of subsection 3 of

24  this Section and that becomes subject to the CAAPP solely

25  due to a change in operation at the source shall submit its

26  complete CAAPP application consistent with this subsection
    SB2394 Enrolled   - 2460 - LRB104 09208 AMC 19265 b

1   at least 180 days before commencing operation in

2   accordance with the change in operation.

3   y. The Agency shall have the authority to adopt

4   procedural rules, in accordance with the Illinois

5   Administrative Procedure Act, as the Agency deems

6   necessary to implement this subsection.

7   6. Prohibitions.

8   a. It shall be unlawful for any person to violate any

9   terms or conditions of a permit issued under this Section,

10  to operate any CAAPP source except in compliance with a

11  permit issued by the Agency under this Section or to

12  violate any other applicable requirements. All terms and

13  conditions of a permit issued under this Section are

14  enforceable by USEPA and citizens under the Clean Air Act,

15  except those, if any, that are specifically designated as

16  not being federally enforceable in the permit pursuant to

17  paragraph (m) of subsection 7 of this Section.

18  b. After the applicable CAAPP permit or renewal

19  application submittal date, as specified in subsection 5

20  of this Section, no person shall operate a CAAPP source

21  without a CAAPP permit unless the complete CAAPP permit or

22  renewal application for such source has been timely

23  submitted to the Agency.

24  c. No owner or operator of a CAAPP source shall cause

25  or threaten or allow the continued operation of an
    SB2394 Enrolled     - 2461 - LRB104 09208 AMC 19265 b

1   emission source during malfunction or breakdown of the

2   emission source or related air pollution control equipment

3   if such operation would cause a violation of the standards

4   or limitations applicable to the source, unless the CAAPP

5   permit granted to the source provides for such operation

6   consistent with this Act and applicable Board regulations.

7   7. Permit Content.

8   a. All CAAPP permits shall contain emission

9   limitations and standards and other enforceable terms and

10  conditions, including, but not limited to, operational

11  requirements, and schedules for achieving compliance at

12  the earliest reasonable date, which are or will be

13  required to accomplish the purposes and provisions of this

14  Act and to assure compliance with all applicable

15  requirements.

16  b. The Agency shall include among such conditions

17  applicable monitoring, reporting, recordkeeping, record

18  keeping and compliance certification requirements, as

19  authorized by paragraphs (d), (e), and (f) of this

20  subsection, that the Agency deems necessary to assure

21  compliance with the Clean Air Act, the regulations

22  promulgated thereunder, this Act, and applicable Board

23  regulations. When monitoring, reporting, recordkeeping

24  record keeping, and compliance certification requirements

25  are specified within the Clean Air Act, regulations
    SB2394 Enrolled  - 2462 - LRB104 09208 AMC 19265 b

1   promulgated thereunder, this Act, or applicable

2   regulations, such requirements shall be included within

3   the CAAPP permit. The Board shall have authority to

4   promulgate additional regulations where necessary to

5   accomplish the purposes of the Clean Air Act, this Act,

6   and regulations promulgated thereunder.

7   c. The Agency shall assure, within such conditions,

8   the use of terms, test methods, units, averaging periods,

9   and other statistical conventions consistent with the

10  applicable emission limitations, standards, and other

11  requirements contained in the permit.

12  d. To meet the requirements of this subsection with

13  respect to monitoring, the permit shall:

14  i. Incorporate and identify all applicable

15  emissions monitoring and analysis procedures or test

16  methods required under the Clean Air Act, regulations

17  promulgated thereunder, this Act, and applicable Board

18  regulations, including any procedures and methods

19  promulgated by USEPA pursuant to Section 504(b) or

20  Section 114 (a)(3) of the Clean Air Act.

21  ii. Where the applicable requirement does not

22  require periodic testing or instrumental or

23  noninstrumental monitoring (which may consist of

24  recordkeeping designed to serve as monitoring),

25  require periodic monitoring sufficient to yield

26  reliable data from the relevant time period that is
    SB2394 Enrolled  - 2463 - LRB104 09208 AMC 19265 b

1   representative of the source's compliance with the

2   permit, as reported pursuant to paragraph (f) of this

3   subsection. The Agency may determine that

4   recordkeeping requirements are sufficient to meet the

5   requirements of this subparagraph.

6   iii. As necessary, specify requirements concerning

7   the use, maintenance, and when appropriate,

8   installation of monitoring equipment or methods.

9   e. To meet the requirements of this subsection with

10  respect to recordkeeping record keeping, the permit shall

11  incorporate and identify all applicable recordkeeping

12  requirements and require, where applicable, the following:

13  i. Records of required monitoring information that

14  include the following:

15                   A. The date, place and time of sampling or

16  measurements.

17                   B. The date(s) analyses were performed.

18                   C. The company or entity that performed the

19  analyses.

20                   D. The analytical techniques or methods used.

21                   E. The results of such analyses.

22                   F. The operating conditions as existing at the

23  time of sampling or measurement.

24  ii. Retention of records of all monitoring data

25  and support information for a period of at least 5

26  years from the date of the monitoring sample,
    SB2394 Enrolled  - 2464 - LRB104 09208 AMC 19265 b

1   measurement, report, or application. Support

2   information includes all calibration and maintenance

3   records, original strip-chart recordings for

4   continuous monitoring instrumentation, and copies of

5   all reports required by the permit.

6   f. To meet the requirements of this subsection with

7   respect to reporting, the permit shall incorporate and

8   identify all applicable reporting requirements and require

9   the following:

10  i. Submittal of reports of any required monitoring

11  every 6 months. More frequent submittals may be

12  requested by the Agency if such submittals are

13  necessary to assure compliance with this Act or

14  regulations promulgated by the Board thereunder. All

15  instances of deviations from permit requirements must

16  be clearly identified in such reports. All required

17  reports must be certified by a responsible official

18  consistent with subsection 5 of this Section.

19  ii. Prompt reporting of deviations from permit

20  requirements, including those attributable to upset

21  conditions as defined in the permit, the probable

22  cause of such deviations, and any corrective actions

23  or preventive measures taken.

24  g. Each CAAPP permit issued under subsection 10 of

25  this Section shall include a condition prohibiting

26  emissions exceeding any allowances that the source
    SB2394 Enrolled  - 2465 - LRB104 09208 AMC 19265 b

1   lawfully holds under Title IV of the Clean Air Act or the

2   regulations promulgated thereunder, consistent with

3   subsection 17 of this Section and applicable regulations,

4   if any.

5   h. All CAAPP permits shall state that, where another

6   applicable requirement of the Clean Air Act is more

7   stringent than any applicable requirement of regulations

8   promulgated under Title IV of the Clean Air Act, both

9   provisions shall be incorporated into the permit and shall

10  be State and federally enforceable.

11  i. Each CAAPP permit issued under subsection 10 of

12  this Section shall include a severability clause to ensure

13  the continued validity of the various permit requirements

14  in the event of a challenge to any portions of the permit.

15  j. The following shall apply with respect to owners or

16  operators requesting a permit shield:

17           i. The Agency shall include in a CAAPP permit,

18  when requested by an applicant pursuant to paragraph

19  (p) of subsection 5 of this Section, a provision

20  stating that compliance with the conditions of the

21  permit shall be deemed compliance with applicable

22  requirements which are applicable as of the date of

23  release of the proposed permit, provided that:

24                   A. The applicable requirement is specifically

25           identified within the permit; or

26                   B. The Agency in acting on the CAAPP
    SB2394 Enrolled  - 2466 - LRB104 09208 AMC 19265 b

1   application or revision determines in writing that

2   other requirements specifically identified are not

3   applicable to the source, and the permit includes

4   that determination or a concise summary thereof.

5   ii. The permit shall identify the requirements for

6   which the source is shielded. The shield shall not

7   extend to applicable requirements which are

8   promulgated after the date of release of the proposed

9   permit unless the permit has been modified to reflect

10  such new requirements.

11  iii. A CAAPP permit which does not expressly

12  indicate the existence of a permit shield shall not

13  provide such a shield.

14  iv. Nothing in this paragraph or in a CAAPP permit

15  shall alter or affect the following:

16                   A. The provisions of Section 303 (emergency

17  powers) of the Clean Air Act, including USEPA's

18  authority under that section.

19                   B. The liability of an owner or operator of a

20  source for any violation of applicable

21  requirements prior to or at the time of permit

22  issuance.

23                   C. The applicable requirements of the acid

24  rain program consistent with Section 408(a) of the

25  Clean Air Act.

26                   D. The ability of USEPA to obtain information
    SB2394 Enrolled     - 2467 - LRB104 09208 AMC 19265 b

1   from a source pursuant to Section 114

2   (inspections, monitoring, and entry) of the Clean

3   Air Act.

4   k. Each CAAPP permit shall include an emergency

5   provision providing an affirmative defense of emergency to

6   an action brought for noncompliance with technology-based

7   emission limitations under a CAAPP permit if the following

8   conditions are met through properly signed,

9   contemporaneous operating logs, or other relevant

10  evidence:

11  i. An emergency occurred and the permittee can

12  identify the cause(s) of the emergency.

13  ii. The permitted facility was at the time being

14  properly operated.

15  iii. The permittee submitted notice of the

16  emergency to the Agency within 2 working days after

17  the time when emission limitations were exceeded due

18  to the emergency. This notice must contain a detailed

19  description of the emergency, any steps taken to

20  mitigate emissions, and corrective actions taken.

21  iv. During the period of the emergency the

22  permittee took all reasonable steps to minimize levels

23  of emissions that exceeded the emission limitations,

24  standards, or requirements in the permit.

25  For purposes of this subsection, "emergency" means any

26  situation arising from sudden and reasonably unforeseeable
    SB2394 Enrolled  - 2468 - LRB104 09208 AMC 19265 b

1   events beyond the control of the source, such as an act of

2   God, that requires immediate corrective action to restore

3   normal operation, and that causes the source to exceed a

4   technology-based emission limitation under the permit, due

5   to unavoidable increases in emissions attributable to the

6   emergency. An emergency shall not include noncompliance to

7   the extent caused by improperly designed equipment, lack

8   of preventative maintenance, careless or improper

9   operation, or operation error.

10  In any enforcement proceeding, the permittee seeking

11  to establish the occurrence of an emergency has the burden

12  of proof. This provision is in addition to any emergency

13  or upset provision contained in any applicable

14  requirement. This provision does not relieve a permittee

15  of any reporting obligations under existing federal or

16  state laws or regulations.

17  l. The Agency shall include in each permit issued

18  under subsection 10 of this Section:

19  i. Terms and conditions for reasonably anticipated

20  operating scenarios identified by the source in its

21  application. The permit terms and conditions for each

22  such operating scenario shall meet all applicable

23  requirements and the requirements of this Section.

24                   A. Under this subparagraph, the source must

25  record in a log at the permitted facility a record

26  of the scenario under which it is operating
    SB2394 Enrolled  - 2469 - LRB104 09208 AMC 19265 b

1   contemporaneously with making a change from one

2   operating scenario to another.

3                    B. The permit shield described in paragraph

4   (j) of subsection 7 of this Section shall extend

5   to all terms and conditions under each such

6   operating scenario.

7   ii. Where requested by an applicant, all terms and

8   conditions allowing for trading of emissions increases

9   and decreases between different emission units at the

10  CAAPP source, to the extent that the applicable

11  requirements provide for trading of such emissions

12  increases and decreases without a case-by-case

13  approval of each emissions trade. Such terms and

14  conditions:

15                   A. Shall include all terms required under this

16  subsection to determine compliance;

17                   B. Must meet all applicable requirements;

18                   C. Shall extend the permit shield described in

19  paragraph (j) of subsection 7 of this Section to

20  all terms and conditions that allow such increases

21  and decreases in emissions.

22  m. The Agency shall specifically designate as not

23  being federally enforceable under the Clean Air Act any

24  terms and conditions included in the permit that are not

25  specifically required under the Clean Air Act or federal

26  regulations promulgated thereunder. Terms or conditions so
    SB2394 Enrolled  - 2470 - LRB104 09208 AMC 19265 b

1   designated shall be subject to all applicable State

2   requirements, except the requirements of subsection 7

3   (other than this paragraph, paragraph q of subsection 7,

4   subsections 8 through 11, and subsections 13 through 16 of

5   this Section). The Agency shall, however, include such

6   terms and conditions in the CAAPP permit issued to the

7   source.

8   n. Each CAAPP permit issued under subsection 10 of

9   this Section shall specify and reference the origin of and

10  authority for each term or condition, and identify any

11  difference in form as compared to the applicable

12  requirement upon which the term or condition is based.

13  o. Each CAAPP permit issued under subsection 10 of

14  this Section shall include provisions stating the

15  following:

16           i. Duty to comply. The permittee must comply with

17  all terms and conditions of the CAAPP permit. Any

18  permit noncompliance constitutes a violation of the

19  Clean Air Act and the Act, and is grounds for any or

20  all of the following: enforcement action; permit

21  termination, revocation and reissuance, or

22  modification; or denial of a permit renewal

23  application.

24           ii. Need to halt or reduce activity not a defense.

25  It shall not be a defense for a permittee in an

26  enforcement action that it would have been necessary
    SB2394 Enrolled   - 2471 - LRB104 09208 AMC 19265 b

1   to halt or reduce the permitted activity in order to

2   maintain compliance with the conditions of this

3   permit.

4   iii. Permit actions. The permit may be modified,

5   revoked, reopened, and reissued, or terminated for

6   cause in accordance with the applicable subsections of

7   this Section 39.5 of this Act. The filing of a request

8   by the permittee for a permit modification, revocation

9   and reissuance, or termination, or of a notification

10  of planned changes or anticipated noncompliance does

11  not stay any permit condition.

12  iv. Property rights. The permit does not convey

13  any property rights of any sort, or any exclusive

14  privilege.

15  v. Duty to provide information. The permittee

16  shall furnish to the Agency within a reasonable time

17  specified by the Agency any information that the

18  Agency may request in writing to determine whether

19  cause exists for modifying, revoking and reissuing, or

20  terminating the permit or to determine compliance with

21  the permit. Upon request, the permittee shall also

22  furnish to the Agency copies of records required to be

23  kept by the permit or, for information claimed to be

24  confidential, the permittee may furnish such records

25  directly to USEPA along with a claim of

26  confidentiality.
    SB2394 Enrolled         - 2472 - LRB104 09208 AMC 19265 b

1   vi. Duty to pay fees. The permittee must pay fees

2   to the Agency consistent with the fee schedule

3   approved pursuant to subsection 18 of this Section,

4   and submit any information relevant thereto.

5   vii. Emissions trading. No permit revision shall

6   be required for increases in emissions allowed under

7   any approved economic incentives, marketable permits,

8   emissions trading, and other similar programs or

9   processes for changes that are provided for in the

10  permit and that are authorized by the applicable

11  requirement.

12  p. Each CAAPP permit issued under subsection 10 of

13  this Section shall contain the following elements with

14  respect to compliance:

15  i. Compliance certification, testing, monitoring,

16  reporting, and recordkeeping record keeping

17  requirements sufficient to assure compliance with the

18  terms and conditions of the permit. Any document

19  (including reports) required by a CAAPP permit shall

20  contain a certification by a responsible official that

21  meets the requirements of subsection 5 of this Section

22  and applicable regulations.

23  ii. Inspection and entry requirements that

24  necessitate that, upon presentation of credentials and

25  other documents as may be required by law and in

26  accordance with constitutional limitations, the
    SB2394 Enrolled  - 2473 - LRB104 09208 AMC 19265 b

1   permittee shall allow the Agency, or an authorized

2   representative to perform the following:

3                    A. Enter upon the permittee's premises where a

4   CAAPP source is located or emissions-related

5   activity is conducted, or where records must be

6   kept under the conditions of the permit.

7                    B. Have access to and copy, at reasonable

8   times, any records that must be kept under the

9   conditions of the permit.

10                   C. Inspect at reasonable times any facilities,

11  equipment (including monitoring and air pollution

12  control equipment), practices, or operations

13  regulated or required under the permit.

14                   D. Sample or monitor any substances or

15  parameters at any location:

16                   1. As authorized by the Clean Air Act, at

17                   reasonable times, for the purposes of assuring

18                   compliance with the CAAPP permit or applicable

19                   requirements; or

20                   2. As otherwise authorized by this Act.

21  iii. A schedule of compliance consistent with

22  subsection 5 of this Section and applicable

23  regulations.

24  iv. Progress reports consistent with an applicable

25  schedule of compliance pursuant to paragraph (d) of

26  subsection 5 of this Section and applicable
    SB2394 Enrolled  - 2474 - LRB104 09208 AMC 19265 b

1   regulations to be submitted semiannually, or more

2   frequently if the Agency determines that such more

3   frequent submittals are necessary for compliance with

4   the Act or regulations promulgated by the Board

5   thereunder. Such progress reports shall contain the

6   following:

7                    A. Required dates for achieving the

8   activities, milestones, or compliance required by

9   the schedule of compliance and dates when such

10  activities, milestones, or compliance were

11  achieved.

12                   B. An explanation of why any dates in the

13  schedule of compliance were not or will not be

14  met, and any preventive or corrective measures

15  adopted.

16  v. Requirements for compliance certification with

17  terms and conditions contained in the permit,

18  including emission limitations, standards, or work

19  practices. Permits shall include each of the

20  following:

21                   A. The frequency (annually or more frequently

22  as specified in any applicable requirement or by

23  the Agency pursuant to written procedures) of

24  submissions of compliance certifications.

25                   B. A means for assessing or monitoring the

26  compliance of the source with its emissions
    SB2394 Enrolled  - 2475 - LRB104 09208 AMC 19265 b

1   limitations, standards, and work practices.

2                    C. A requirement that the compliance

3   certification include the following:

4                    1. The identification of each term or

5                    condition contained in the permit that is the

6                    basis of the certification.

7                    2. The compliance status.

8                    3. Whether compliance was continuous or

9                    intermittent.

10                   4. The method(s) used for determining the

11                   compliance status of the source, both

12                   currently and over the reporting period

13                   consistent with subsection 7 of this Section.

14                   D. A requirement that all compliance

15  certifications be submitted to the Agency.

16                   E. Additional requirements as may be specified

17  pursuant to Sections 114(a)(3) and 504(b) of the

18  Clean Air Act.

19                   F. Other provisions as the Agency may require.

20  q. If the owner or operator of CAAPP source can

21  demonstrate in its CAAPP application, including an

22  application for a significant modification, that an

23  alternative emission limit would be equivalent to that

24  contained in the applicable Board regulations, the Agency

25  shall include the alternative emission limit in the CAAPP

26  permit, which shall supersede the emission limit set forth
    SB2394 Enrolled         - 2476 - LRB104 09208 AMC 19265 b

1   in the applicable Board regulations, and shall include

2   conditions that insure that the resulting emission limit

3   is quantifiable, accountable, enforceable, and based on

4   replicable procedures.

5   8. Public Notice; Affected State Review.

6   a. The Agency shall provide notice to the public,

7   including an opportunity for public comment and a hearing,

8   on each draft CAAPP permit for issuance, renewal, or

9   significant modification, subject to Section 7.1 and

10  subsection (a) of Section 7 of this Act.

11  b. The Agency shall prepare a draft CAAPP permit and a

12  statement that sets forth the legal and factual basis for

13  the draft CAAPP permit conditions, including references to

14  the applicable statutory or regulatory provisions. The

15  Agency shall provide this statement to any person who

16  requests it.

17  c. The Agency shall give notice of each draft CAAPP

18  permit to the applicant and to any affected State on or

19  before the time that the Agency has provided notice to the

20  public, except as otherwise provided in this Act.

21  d. The Agency, as part of its submittal of a proposed

22  permit to USEPA (or as soon as possible after the

23  submittal for minor permit modification procedures allowed

24  under subsection 14 of this Section), shall notify USEPA

25  and any affected State in writing of any refusal of the
    SB2394 Enrolled  - 2477 - LRB104 09208 AMC 19265 b

1   Agency to accept all of the recommendations for the

2   proposed permit that an affected State submitted during

3   the public or affected State review period. The notice

4   shall include the Agency's reasons for not accepting the

5   recommendations. The Agency is not required to accept

6   recommendations that are not based on applicable

7   requirements or the requirements of this Section.

8   e. The Agency shall make available to the public any

9   CAAPP permit application, compliance plan (including the

10  schedule of compliance), CAAPP permit, and emissions or

11  compliance monitoring report. If an owner or operator of a

12  CAAPP source is required to submit information entitled to

13  protection from disclosure under Section 7.1 and

14  subsection (a) of Section 7 of this Act, the owner or

15  operator shall submit such information separately. The

16  requirements of Section 7.1 and subsection (a) of Section

17  7 of this Act shall apply to such information, which shall

18  not be included in a CAAPP permit unless required by law.

19  The contents of a CAAPP permit shall not be entitled to

20  protection under Section 7.1 and subsection (a) of Section

21  7 of this Act.

22  f. The Agency shall have the authority to adopt

23  procedural rules, in accordance with the Illinois

24  Administrative Procedure Act, as the Agency deems

25  necessary, to implement this subsection.

26  g. If requested by the permit applicant, the Agency
    SB2394 Enrolled          - 2478 - LRB104 09208 AMC 19265 b

1   shall provide the permit applicant with a copy of the

2   draft CAAPP permit prior to any public review period. If

3   requested by the permit applicant, the Agency shall

4   provide the permit applicant with a copy of the final

5   CAAPP permit prior to issuance of the CAAPP permit.

6   9. USEPA Notice and Objection.

7   a. The Agency shall provide to USEPA for its review a

8   copy of each CAAPP application (including any application

9   for permit modification), statement of basis as provided

10  in paragraph (b) of subsection 8 of this Section, proposed

11  CAAPP permit, CAAPP permit, and, if the Agency does not

12  incorporate any affected State's recommendations on a

13  proposed CAAPP permit, a written statement of this

14  decision and its reasons for not accepting the

15  recommendations, except as otherwise provided in this Act

16  or by agreement with USEPA. To the extent practicable, the

17  preceding information shall be provided in computer

18  readable format compatible with USEPA's national database

19  management system.

20  b. The Agency shall not issue the proposed CAAPP

21  permit if USEPA objects in writing within 45 days after

22  receipt of the proposed CAAPP permit and all necessary

23  supporting information.

24  c. If USEPA objects in writing to the issuance of the

25  proposed CAAPP permit within the 45-day period, the Agency
    SB2394 Enrolled  - 2479 - LRB104 09208 AMC 19265 b

1   shall respond in writing and may revise and resubmit the

2   proposed CAAPP permit in response to the stated objection,

3   to the extent supported by the record, within 90 days

4   after the date of the objection. Prior to submitting a

5   revised permit to USEPA, the Agency shall provide the

6   applicant and any person who participated in the public

7   comment process, pursuant to subsection 8 of this Section,

8   with a 10-day period to comment on any revision which the

9   Agency is proposing to make to the permit in response to

10  USEPA's objection in accordance with Agency procedures.

11  d. Any USEPA objection under this subsection,

12  according to the Clean Air Act, will include a statement

13  of reasons for the objection and a description of the

14  terms and conditions that must be in the permit, in order

15  to adequately respond to the objections. Grounds for a

16  USEPA objection include the failure of the Agency to: (1)

17  submit the items and notices required under this

18  subsection; (2) submit any other information necessary to

19  adequately review the proposed CAAPP permit; or (3)

20  process the permit under subsection 8 of this Section

21  except for minor permit modifications.

22  e. If USEPA does not object in writing to issuance of a

23  permit under this subsection, any person may petition

24  USEPA within 60 days after expiration of the 45-day review

25  period to make such objection.

26  f. If the permit has not yet been issued and USEPA
    SB2394 Enrolled   - 2480 - LRB104 09208 AMC 19265 b

1   objects to the permit as a result of a petition, the Agency

2   shall not issue the permit until USEPA's objection has

3   been resolved. The Agency shall provide a 10-day comment

4   period in accordance with paragraph c of this subsection.

5   A petition does not, however, stay the effectiveness of a

6   permit or its requirements if the permit was issued after

7   expiration of the 45-day review period and prior to a

8   USEPA objection.

9   g. If the Agency has issued a permit after expiration

10  of the 45-day review period and prior to receipt of a USEPA

11  objection under this subsection in response to a petition

12  submitted pursuant to paragraph e of this subsection, the

13  Agency may, upon receipt of an objection from USEPA,

14  revise and resubmit the permit to USEPA pursuant to this

15  subsection after providing a 10-day comment period in

16  accordance with paragraph c of this subsection. If the

17  Agency fails to submit a revised permit in response to the

18  objection, USEPA shall modify, terminate, or revoke the

19  permit. In any case, the source will not be in violation of

20  the requirement to have submitted a timely and complete

21  application.

22  h. The Agency shall have the authority to adopt

23  procedural rules, in accordance with the Illinois

24  Administrative Procedure Act, as the Agency deems

25  necessary, to implement this subsection.
    SB2394 Enrolled      - 2481 - LRB104 09208 AMC 19265 b

1   10. Final Agency Action.

2   a. The Agency shall issue a CAAPP permit, permit

3   modification, or permit renewal if all of the following

4   conditions are met:

5   i. The applicant has submitted a complete and

6   certified application for a permit, permit

7   modification, or permit renewal consistent with

8   subsections 5 and 14 of this Section, as applicable,

9   and applicable regulations.

10  ii. The applicant has submitted with its complete

11  application an approvable compliance plan, including a

12  schedule for achieving compliance, consistent with

13  subsection 5 of this Section and applicable

14  regulations.

15  iii. The applicant has timely paid the fees

16  required pursuant to subsection 18 of this Section and

17  applicable regulations.

18  iv. The Agency has received a complete CAAPP

19  application and, if necessary, has requested and

20  received additional information from the applicant

21  consistent with subsection 5 of this Section and

22  applicable regulations.

23  v. The Agency has complied with all applicable

24  provisions regarding public notice and affected State

25  review consistent with subsection 8 of this Section

26  and applicable regulations.
    SB2394 Enrolled  - 2482 - LRB104 09208 AMC 19265 b

1   vi. The Agency has provided a copy of each CAAPP

2   application, or summary thereof, pursuant to agreement

3   with USEPA and proposed CAAPP permit required under

4   subsection 9 of this Section to USEPA, and USEPA has

5   not objected to the issuance of the permit in

6   accordance with the Clean Air Act and 40 CFR Part 70.

7   b. The Agency shall have the authority to deny a CAAPP

8   permit, permit modification, or permit renewal if the

9   applicant has not complied with the requirements of

10  subparagraphs (i) through (iv) of paragraph (a) of this

11  subsection or if USEPA objects to its issuance.

12  c. i. Prior to denial of a CAAPP permit, permit

13  modification, or permit renewal under this Section,

14  the Agency shall notify the applicant of the possible

15  denial and the reasons for the denial.

16  ii. Within such notice, the Agency shall specify

17  an appropriate date by which the applicant shall

18  adequately respond to the Agency's notice. Such date

19  shall not exceed 15 days from the date the

20  notification is received by the applicant. The Agency

21  may grant a reasonable extension for good cause shown.

22  iii. Failure by the applicant to adequately

23  respond by the date specified in the notification or

24  by any granted extension date shall be grounds for

25  denial of the permit.

26  For purposes of obtaining judicial review under
    SB2394 Enrolled       - 2483 - LRB104 09208 AMC 19265 b

1   Sections 40.2 and 41 of this Act, the Agency shall

2   provide to USEPA and each applicant, and, upon

3   request, to affected States, any person who

4   participated in the public comment process, and any

5   other person who could obtain judicial review under

6   Sections 40.2 and 41 of this Act, a copy of each CAAPP

7   permit or notification of denial pertaining to that

8   party.

9   d. The Agency shall have the authority to adopt

10  procedural rules, in accordance with the Illinois

11  Administrative Procedure Act, as the Agency deems

12  necessary, to implement this subsection.

13  11. General Permits.

14  a. The Agency may issue a general permit covering

15  numerous similar sources, except for affected sources for

16  acid deposition unless otherwise provided in regulations

17  promulgated under Title IV of the Clean Air Act.

18  b. The Agency shall identify, in any general permit,

19  criteria by which sources may qualify for the general

20  permit.

21  c. CAAPP sources that would qualify for a general

22  permit must apply for coverage under the terms of the

23  general permit or must apply for a CAAPP permit consistent

24  with subsection 5 of this Section and applicable

25  regulations.
    SB2394 Enrolled    - 2484 - LRB104 09208 AMC 19265 b

1   d. The Agency shall comply with the public comment and

2   hearing provisions of this Section as well as the USEPA

3   and affected State review procedures prior to issuance of

4   a general permit.

5   e. When granting a subsequent request by a qualifying

6   CAAPP source for coverage under the terms of a general

7   permit, the Agency shall not be required to repeat the

8   public notice and comment procedures. The granting of such

9   request shall not be considered a final permit action for

10  purposes of judicial review.

11  f. The Agency may not issue a general permit to cover

12  any discrete emission unit at a CAAPP source if another

13  CAAPP permit covers emission units at the source.

14  g. The Agency shall have the authority to adopt

15  procedural rules, in accordance with the Illinois

16  Administrative Procedure Act, as the Agency deems

17  necessary, to implement this subsection.

18  12. Operational Flexibility.

19  a. An owner or operator of a CAAPP source may make

20  changes at the CAAPP source without requiring a prior

21  permit revision, consistent with subparagraphs (i) through

22  (iii) of paragraph (a) of this subsection, so long as the

23  changes are not modifications under any provision of Title

24  I of the Clean Air Act and they do not exceed the emissions

25  allowable under the permit (whether expressed therein as a
    SB2394 Enrolled       - 2485 - LRB104 09208 AMC 19265 b

1   rate of emissions or in terms of total emissions),

2   provided that the owner or operator of the CAAPP source

3   provides USEPA and the Agency with written notification as

4   required below in advance of the proposed changes, which

5   shall be a minimum of 7 days, unless otherwise provided by

6   the Agency in applicable regulations regarding

7   emergencies. The owner or operator of a CAAPP source and

8   the Agency shall each attach such notice to their copy of

9   the relevant permit.

10  i. An owner or operator of a CAAPP source may make

11  Section 502 (b) (10) changes without a permit

12  revision, if the changes are not modifications under

13  any provision of Title I of the Clean Air Act and the

14  changes do not exceed the emissions allowable under

15  the permit (whether expressed therein as a rate of

16  emissions or in terms of total emissions).

17                   A. For each such change, the written

18  notification required above shall include a brief

19  description of the change within the source, the

20  date on which the change will occur, any change in

21  emissions, and any permit term or condition that

22  is no longer applicable as a result of the change.

23                   B. The permit shield described in paragraph

24  (j) of subsection 7 of this Section shall not

25  apply to any change made pursuant to this

26  subparagraph.
    SB2394 Enrolled  - 2486 - LRB104 09208 AMC 19265 b

1   ii. An owner or operator of a CAAPP source may

2   trade increases and decreases in emissions in the

3   CAAPP source, where the applicable implementation plan

4   provides for such emission trades without requiring a

5   permit revision. This provision is available in those

6   cases where the permit does not already provide for

7   such emissions trading.

8                    A. Under this subparagraph (ii) of paragraph

9   (a) of this subsection, the written notification

10  required above shall include such information as

11  may be required by the provision in the applicable

12  implementation plan authorizing the emissions

13  trade, including, at a minimum, when the proposed

14  changes will occur, a description of each such

15  change, any change in emissions, the permit

16  requirements with which the source will comply

17  using the emissions trading provisions of the

18  applicable implementation plan, and the pollutants

19  emitted subject to the emissions trade. The notice

20  shall also refer to the provisions in the

21  applicable implementation plan with which the

22  source will comply and provide for the emissions

23  trade.

24                   B. The permit shield described in paragraph

25  (j) of subsection 7 of this Section shall not

26  apply to any change made pursuant to subparagraph
    SB2394 Enrolled  - 2487 - LRB104 09208 AMC 19265 b

1   (ii) of paragraph (a) of this subsection.

2   Compliance with the permit requirements that the

3   source will meet using the emissions trade shall

4   be determined according to the requirements of the

5   applicable implementation plan authorizing the

6   emissions trade.

7   iii. If requested within a CAAPP application, the

8   Agency shall issue a CAAPP permit which contains terms

9   and conditions, including all terms required under

10  subsection 7 of this Section to determine compliance,

11  allowing for the trading of emissions increases and

12  decreases at the CAAPP source solely for the purpose

13  of complying with a federally enforceable

14  federally-enforceable emissions cap that is

15  established in the permit independent of otherwise

16  applicable requirements. The owner or operator of a

17  CAAPP source shall include in its CAAPP application

18  proposed replicable procedures and permit terms that

19  ensure the emissions trades are quantifiable and

20  enforceable. The permit shall also require compliance

21  with all applicable requirements.

22                   A. Under this subparagraph (iii) of paragraph

23  (a), the written notification required above shall

24  state when the change will occur and shall

25  describe the changes in emissions that will result

26  and how these increases and decreases in emissions
    SB2394 Enrolled          - 2488 - LRB104 09208 AMC 19265 b

1   will comply with the terms and conditions of the

2   permit.

3                    B. The permit shield described in paragraph

4   (j) of subsection 7 of this Section shall extend

5   to terms and conditions that allow such increases

6   and decreases in emissions.

7   b. An owner or operator of a CAAPP source may make

8   changes that are not addressed or prohibited by the

9   permit, other than those which are subject to any

10  requirements under Title IV of the Clean Air Act or are

11  modifications under any provisions of Title I of the Clean

12  Air Act, without a permit revision, in accordance with the

13  following requirements:

14  (i) Each such change shall meet all applicable

15  requirements and shall not violate any existing permit

16  term or condition;

17  (ii) Sources must provide contemporaneous written

18  notice to the Agency and USEPA of each such change,

19  except for changes that qualify as insignificant under

20  provisions adopted by the Agency or the Board. Such

21  written notice shall describe each such change,

22  including the date, any change in emissions,

23  pollutants emitted, and any applicable requirement

24  that would apply as a result of the change;

25  (iii) The change shall not qualify for the shield

26  described in paragraph (j) of subsection 7 of this
    SB2394 Enrolled   - 2489 - LRB104 09208 AMC 19265 b

1   Section; and

2   (iv) The permittee shall keep a record describing

3   changes made at the source that result in emissions of

4   a regulated air pollutant subject to an applicable

5   Clean Air Act requirement, but not otherwise regulated

6   under the permit, and the emissions resulting from

7   those changes.

8   c. The Agency shall have the authority to adopt

9   procedural rules, in accordance with the Illinois

10  Administrative Procedure Act, as the Agency deems

11  necessary to implement this subsection.

12  13. Administrative Permit Amendments.

13  a. The Agency shall take final action on a request for

14  an administrative permit amendment within 60 days after

15  receipt of the request. Neither notice nor an opportunity

16  for public and affected State comment shall be required

17  for the Agency to incorporate such revisions, provided it

18  designates the permit revisions as having been made

19  pursuant to this subsection.

20  b. The Agency shall submit a copy of the revised

21  permit to USEPA.

22  c. For purposes of this Section the term

23  "administrative permit amendment" shall be defined as a

24  permit revision that can accomplish one or more of the

25  changes described below:
    SB2394 Enrolled  - 2490 - LRB104 09208 AMC 19265 b

1   i. Corrects typographical errors;

2   ii. Identifies a change in the name, address, or

3   phone number of any person identified in the permit,

4   or provides a similar minor administrative change at

5   the source;

6   iii. Requires more frequent monitoring or

7   reporting by the permittee;

8   iv. Allows for a change in ownership or

9   operational control of a source where the Agency

10  determines that no other change in the permit is

11  necessary, provided that a written agreement

12  containing a specific date for transfer of permit

13  responsibility, coverage, and liability between the

14  current and new permittees has been submitted to the

15  Agency;

16  v. Incorporates into the CAAPP permit the

17  requirements from preconstruction review permits

18  authorized under a USEPA-approved program, provided

19  the program meets procedural and compliance

20  requirements substantially equivalent to those

21  contained in this Section;

22  vi. (Blank); or

23  vii. Any other type of change which USEPA has

24  determined as part of the approved CAAPP permit

25  program to be similar to those included in this

26  subsection.
    SB2394 Enrolled  - 2491 - LRB104 09208 AMC 19265 b

1   d. The Agency shall, upon taking final action granting

2   a request for an administrative permit amendment, allow

3   coverage by the permit shield in paragraph (j) of

4   subsection 7 of this Section for administrative permit

5   amendments made pursuant to subparagraph (v) of paragraph

6   (c) of this subsection which meet the relevant

7   requirements for significant permit modifications.

8   e. Permit revisions and modifications, including

9   administrative amendments and automatic amendments

10  (pursuant to Sections 408(b) and 403(d) of the Clean Air

11  Act or regulations promulgated thereunder), for purposes

12  of the acid rain portion of the permit shall be governed by

13  the regulations promulgated under Title IV of the Clean

14  Air Act. Owners or operators of affected sources for acid

15  deposition shall have the flexibility to amend their

16  compliance plans as provided in the regulations

17  promulgated under Title IV of the Clean Air Act.

18  f. The CAAPP source may implement the changes

19  addressed in the request for an administrative permit

20  amendment immediately upon submittal of the request.

21  g. The Agency shall have the authority to adopt

22  procedural rules, in accordance with the Illinois

23  Administrative Procedure Act, as the Agency deems

24  necessary, to implement this subsection.

25  14. Permit Modifications.
    SB2394 Enrolled  - 2492 - LRB104 09208 AMC 19265 b

1   a. Minor permit modification procedures.

2   i. The Agency shall review a permit modification

3   using the "minor permit" modification procedures only

4   for those permit modifications that:

5                    A. Do not violate any applicable requirement;

6                    B. Do not involve significant changes to

7   existing monitoring, reporting, or recordkeeping

8   requirements in the permit;

9                    C. Do not require a case-by-case determination

10  of an emission limitation or other standard, or a

11  source-specific determination of ambient impacts,

12  or a visibility or increment analysis;

13                   D. Do not seek to establish or change a permit

14  term or condition for which there is no

15  corresponding underlying requirement and which

16  avoids an applicable requirement to which the

17  source would otherwise be subject. Such terms and

18  conditions include:

19                   1. A federally enforceable emissions cap

20                   assumed to avoid classification as a

21                   modification under any provision of Title I of

22                   the Clean Air Act; and

23                   2. An alternative emissions limit approved

24                   pursuant to regulations promulgated under

25                   Section 112(i)(5) of the Clean Air Act;

26                   E. Are not modifications under any provision
    SB2394 Enrolled  - 2493 - LRB104 09208 AMC 19265 b

1   of Title I of the Clean Air Act; and

2                    F. Are not required to be processed as a

3   significant modification.

4   ii. Notwithstanding subparagraph (i) of paragraph

5   (a) and subparagraph (ii) of paragraph (b) of this

6   subsection, minor permit modification procedures may

7   be used for permit modifications involving the use of

8   economic incentives, marketable permits, emissions

9   trading, and other similar approaches, to the extent

10  that such minor permit modification procedures are

11  explicitly provided for in an applicable

12  implementation plan or in applicable requirements

13  promulgated by USEPA.

14  iii. An applicant requesting the use of minor

15  permit modification procedures shall meet the

16  requirements of subsection 5 of this Section and shall

17  include the following in its application:

18                   A. A description of the change, the emissions

19  resulting from the change, and any new applicable

20  requirements that will apply if the change occurs;

21                   B. The source's suggested draft permit;

22                   C. Certification by a responsible official,

23  consistent with paragraph (e) of subsection 5 of

24  this Section and applicable regulations, that the

25  proposed modification meets the criteria for use

26  of minor permit modification procedures and a
    SB2394 Enrolled  - 2494 - LRB104 09208 AMC 19265 b

1   request that such procedures be used; and

2                    D. Completed forms for the Agency to use to

3   notify USEPA and affected States as required under

4   subsections 8 and 9 of this Section.

5   iv. Within 5 working days after receipt of a

6   complete permit modification application, the Agency

7   shall notify USEPA and affected States of the

8   requested permit modification in accordance with

9   subsections 8 and 9 of this Section. The Agency

10  promptly shall send any notice required under

11  paragraph (d) of subsection 8 of this Section to

12  USEPA.

13  v. The Agency may not issue a final permit

14  modification until after the 45-day review period for

15  USEPA or until USEPA has notified the Agency that

16  USEPA will not object to the issuance of the permit

17  modification, whichever comes first, although the

18  Agency can approve the permit modification prior to

19  that time. Within 90 days after the Agency's receipt

20  of an application under the minor permit modification

21  procedures or 15 days after the end of USEPA's 45-day

22  review period under subsection 9 of this Section,

23  whichever is later, the Agency shall:

24                   A. Issue the permit modification as proposed;

25                   B. Deny the permit modification application;

26                   C. Determine that the requested modification
    SB2394 Enrolled  - 2495 - LRB104 09208 AMC 19265 b

1   does not meet the minor permit modification

2   criteria and should be reviewed under the

3   significant modification procedures; or

4                    D. Revise the draft permit modification and

5   transmit to USEPA the new proposed permit

6   modification as required by subsection 9 of this

7   Section.

8   vi. Any CAAPP source may make the change proposed

9   in its minor permit modification application

10  immediately after it files such application. After the

11  CAAPP source makes the change allowed by the preceding

12  sentence, and until the Agency takes any of the

13  actions specified in items (A) through (C) of

14  subparagraph (v) of paragraph (a) of this subsection,

15  the source must comply with both the applicable

16  requirements governing the change and the proposed

17  permit terms and conditions. During this time period,

18  the source need not comply with the existing permit

19  terms and conditions it seeks to modify. If the source

20  fails to comply with its proposed permit terms and

21  conditions during this time period, the existing

22  permit terms and conditions which it seeks to modify

23  may be enforced against it.

24  vii. The permit shield under paragraph (j) of

25  subsection 7 of this Section may not extend to minor

26  permit modifications.
    SB2394 Enrolled  - 2496 - LRB104 09208 AMC 19265 b

1   viii. If a construction permit is required,

2   pursuant to subsection (a) of Section 39 of this Act

3   and regulations thereunder, for a change for which the

4   minor permit modification procedures are applicable,

5   the source may request that the processing of the

6   construction permit application be consolidated with

7   the processing of the application for the minor permit

8   modification. In such cases, the provisions of this

9   Section, including those within subsections 5, 8, and

10  9, shall apply and the Agency shall act on such

11  applications pursuant to subparagraph (v) of paragraph

12  (a) of subsection 14 of this Section. The source may

13  make the proposed change immediately after filing its

14  application for the minor permit modification. Nothing

15  in this subparagraph shall otherwise affect the

16  requirements and procedures applicable to construction

17  permits.

18  b. Group Processing of Minor Permit Modifications.

19  i. Where requested by an applicant within its

20  application, the Agency shall process groups of a

21  source's applications for certain modifications

22  eligible for minor permit modification processing in

23  accordance with the provisions of this paragraph (b).

24  ii. Permit modifications may be processed in

25  accordance with the procedures for group processing,

26  for those modifications:
    SB2394 Enrolled  - 2497 - LRB104 09208 AMC 19265 b

1                    A. Which meet the criteria for minor permit

2   modification procedures under subparagraph (i) of

3   paragraph (a) of subsection 14 of this Section;

4   and

5                    B. That collectively are below 10 percent of

6   the emissions allowed by the permit for the

7   emissions unit for which change is requested, 20

8   percent of the applicable definition of major

9   source set forth in subsection 2 of this Section,

10  or 5 tons per year, whichever is least.

11  iii. An applicant requesting the use of group

12  processing procedures shall meet the requirements of

13  subsection 5 of this Section and shall include the

14  following in its application:

15                   A. A description of the change, the emissions

16  resulting from the change, and any new applicable

17  requirements that will apply if the change occurs.

18                   B. The source's suggested draft permit.

19                   C. Certification by a responsible official

20  consistent with paragraph (e) of subsection 5 of

21  this Section, that the proposed modification meets

22  the criteria for use of group processing

23  procedures and a request that such procedures be

24  used.

25                   D. A list of the source's other pending

26  applications awaiting group processing, and a
    SB2394 Enrolled  - 2498 - LRB104 09208 AMC 19265 b

1   determination of whether the requested

2   modification, aggregated with these other

3   applications, equals or exceeds the threshold set

4   under item (B) of subparagraph (ii) of paragraph

5   (b) of this subsection.

6                    E. Certification, consistent with paragraph

7   (e) of subsection 5 of this Section, that the

8   source has notified USEPA of the proposed

9   modification. Such notification need only contain

10  a brief description of the requested modification.

11                   F. Completed forms for the Agency to use to

12  notify USEPA and affected states as required under

13  subsections 8 and 9 of this Section.

14  iv. On a quarterly basis or within 5 business days

15  after receipt of an application demonstrating that the

16  aggregate of a source's pending applications equals or

17  exceeds the threshold level set forth within item (B)

18  of subparagraph (ii) of paragraph (b) of this

19  subsection, whichever is earlier, the Agency shall

20  promptly notify USEPA and affected States of the

21  requested permit modifications in accordance with

22  subsections 8 and 9 of this Section. The Agency shall

23  send any notice required under paragraph (d) of

24  subsection 8 of this Section to USEPA.

25  v. The provisions of subparagraph (v) of paragraph

26  (a) of this subsection shall apply to modifications
    SB2394 Enrolled      - 2499 - LRB104 09208 AMC 19265 b

1   eligible for group processing, except that the Agency

2   shall take one of the actions specified in items (A)

3   through (D) of subparagraph (v) of paragraph (a) of

4   this subsection within 180 days after receipt of the

5   application or 15 days after the end of USEPA's 45-day

6   review period under subsection 9 of this Section,

7   whichever is later.

8   vi. The provisions of subparagraph (vi) of

9   paragraph (a) of this subsection shall apply to

10  modifications for group processing.

11  vii. The provisions of paragraph (j) of subsection

12  7 of this Section shall not apply to modifications

13  eligible for group processing.

14  c. Significant Permit Modifications.

15  i. Significant modification procedures shall be

16  used for applications requesting significant permit

17  modifications and for those applications that do not

18  qualify as either minor permit modifications or as

19  administrative permit amendments.

20  ii. Every significant change in existing

21  monitoring permit terms or conditions and every

22  relaxation of reporting or recordkeeping requirements

23  shall be considered significant. A modification shall

24  also be considered significant if in the judgment of

25  the Agency action on an application for modification

26  would require decisions to be made on technically
    SB2394 Enrolled         - 2500 - LRB104 09208 AMC 19265 b

1   complex issues. Nothing herein shall be construed to

2   preclude the permittee from making changes consistent

3   with this Section that would render existing permit

4   compliance terms and conditions irrelevant.

5   iii. Significant permit modifications must meet

6   all the requirements of this Section, including those

7   for applications (including completeness review),

8   public participation, review by affected States, and

9   review by USEPA applicable to initial permit issuance

10  and permit renewal. The Agency shall take final action

11  on significant permit modifications within 9 months

12  after receipt of a complete application.

13  d. The Agency shall have the authority to adopt

14  procedural rules, in accordance with the Illinois

15  Administrative Procedure Act, as the Agency deems

16  necessary, to implement this subsection.

17  15. Reopenings for Cause by the Agency.

18  a. Each issued CAAPP permit shall include provisions

19  specifying the conditions under which the permit will be

20  reopened prior to the expiration of the permit. Such

21  revisions shall be made as expeditiously as practicable. A

22  CAAPP permit shall be reopened and revised under any of

23  the following circumstances, in accordance with procedures

24  adopted by the Agency:

25  i. Additional requirements under the Clean Air Act
    SB2394 Enrolled     - 2501 - LRB104 09208 AMC 19265 b

1   become applicable to a major CAAPP source for which 3

2   or more years remain on the original term of the

3   permit. Such a reopening shall be completed not later

4   than 18 months after the promulgation of the

5   applicable requirement. No such revision is required

6   if the effective date of the requirement is later than

7   the date on which the permit is due to expire.

8   ii. Additional requirements (including excess

9   emissions requirements) become applicable to an

10  affected source for acid deposition under the acid

11  rain program. Excess emissions offset plans shall be

12  deemed to be incorporated into the permit upon

13  approval by USEPA.

14  iii. The Agency or USEPA determines that the

15  permit contains a material mistake or that inaccurate

16  statements were made in establishing the emissions

17  standards, limitations, or other terms or conditions

18  of the permit.

19  iv. The Agency or USEPA determines that the permit

20  must be revised or revoked to assure compliance with

21  the applicable requirements.

22  b. In the event that the Agency determines that there

23  are grounds for revoking a CAAPP permit, for cause,

24  consistent with paragraph a of this subsection, it shall

25  file a petition before the Board setting forth the basis

26  for such revocation. In any such proceeding, the Agency
    SB2394 Enrolled  - 2502 - LRB104 09208 AMC 19265 b

1   shall have the burden of establishing that the permit

2   should be revoked under the standards set forth in this

3   Act and the Clean Air Act. Any such proceeding shall be

4   conducted pursuant to the Board's procedures for

5   adjudicatory hearings and the Board shall render its

6   decision within 120 days of the filing of the petition.

7   The Agency shall take final action to revoke and reissue a

8   CAAPP permit consistent with the Board's order.

9   c. Proceedings regarding a reopened CAAPP permit shall

10  follow the same procedures as apply to initial permit

11  issuance and shall affect only those parts of the permit

12  for which cause to reopen exists.

13  d. Reopenings under paragraph (a) of this subsection

14  shall not be initiated before a notice of such intent is

15  provided to the CAAPP source by the Agency at least 30 days

16  in advance of the date that the permit is to be reopened,

17  except that the Agency may provide a shorter time period

18  in the case of an emergency.

19  e. The Agency shall have the authority to adopt

20  procedural rules, in accordance with the Illinois

21  Administrative Procedure Act, as the Agency deems

22  necessary, to implement this subsection.

23  16. Reopenings for Cause by USEPA.

24  a. When USEPA finds that cause exists to terminate,

25  modify, or revoke and reissue a CAAPP permit pursuant to
    SB2394 Enrolled  - 2503 - LRB104 09208 AMC 19265 b

1   subsection 15 of this Section, and thereafter notifies the

2   Agency and the permittee of such finding in writing, the

3   Agency shall forward to USEPA and the permittee a proposed

4   determination of termination, modification, or revocation

5   and reissuance as appropriate, in accordance with

6   paragraph (b) of this subsection. The Agency's proposed

7   determination shall be in accordance with the record, the

8   Clean Air Act, regulations promulgated thereunder, this

9   Act and regulations promulgated thereunder. Such proposed

10  determination shall not affect the permit or constitute a

11  final permit action for purposes of this Act or the

12  Administrative Review Law. The Agency shall forward to

13  USEPA such proposed determination within 90 days after

14  receipt of the notification from USEPA. If additional time

15  is necessary to submit the proposed determination, the

16  Agency shall request a 90-day extension from USEPA and

17  shall submit the proposed determination within 180 days

18  after receipt of notification from USEPA.

19  b. i. Prior to the Agency's submittal to USEPA of a

20  proposed determination to terminate or revoke and

21  reissue the permit, the Agency shall file a petition

22  before the Board setting forth USEPA's objection, the

23  permit record, the Agency's proposed determination,

24  and the justification for its proposed determination.

25  The Board shall conduct a hearing pursuant to the

26  rules prescribed by Section 32 of this Act, and the
    SB2394 Enrolled         - 2504 - LRB104 09208 AMC 19265 b

1   burden of proof shall be on the Agency.

2   ii. After due consideration of the written and

3   oral statements, the testimony and arguments that

4   shall be submitted at hearing, the Board shall issue

5   and enter an interim order for the proposed

6   determination, which shall set forth all changes, if

7   any, required in the Agency's proposed determination.

8   The interim order shall comply with the requirements

9   for final orders as set forth in Section 33 of this

10  Act. Issuance of an interim order by the Board under

11  this paragraph, however, shall not affect the permit

12  status and does not constitute a final action for

13  purposes of this Act or the Administrative Review Law.

14  iii. The Board shall cause a copy of its interim

15  order to be served upon all parties to the proceeding

16  as well as upon USEPA. The Agency shall submit the

17  proposed determination to USEPA in accordance with the

18  Board's Interim Order within 180 days after receipt of

19  the notification from USEPA.

20  c. USEPA shall review the proposed determination to

21  terminate, modify, or revoke and reissue the permit within

22  90 days after receipt.

23  i. When USEPA reviews the proposed determination

24  to terminate or revoke and reissue and does not

25  object, the Board shall, within 7 days after receipt

26  of USEPA's final approval, enter the interim order as
    SB2394 Enrolled  - 2505 - LRB104 09208 AMC 19265 b

1   a final order. The final order may be appealed as

2   provided by Title XI of this Act. The Agency shall take

3   final action in accordance with the Board's final

4   order.

5   ii. When USEPA reviews such proposed determination

6   to terminate or revoke and reissue and objects, the

7   Agency shall submit USEPA's objection and the Agency's

8   comments and recommendation on the objection to the

9   Board and permittee. The Board shall review its

10  interim order in response to USEPA's objection and the

11  Agency's comments and recommendation and issue a final

12  order in accordance with Sections 32 and 33 of this

13  Act. The Agency shall, within 90 days after receipt of

14  such objection, respond to USEPA's objection in

15  accordance with the Board's final order.

16  iii. When USEPA reviews such proposed

17  determination to modify and objects, the Agency shall,

18  within 90 days after receipt of the objection, resolve

19  the objection and modify the permit in accordance with

20  USEPA's objection, based upon the record, the Clean

21  Air Act, regulations promulgated thereunder, this Act,

22  and regulations promulgated thereunder.

23  d. If the Agency fails to submit the proposed

24  determination pursuant to paragraph a of this subsection

25  or fails to resolve any USEPA objection pursuant to

26  paragraph c of this subsection, USEPA will terminate,
    SB2394 Enrolled  - 2506 - LRB104 09208 AMC 19265 b

1   modify, or revoke and reissue the permit.

2   e. The Agency shall have the authority to adopt

3   procedural rules, in accordance with the Illinois

4   Administrative Procedure Act, as the Agency deems

5   necessary, to implement this subsection.

6   17. Title IV; Acid Rain Provisions.

7   a. The Agency shall act on initial CAAPP applications

8   for affected sources for acid deposition in accordance

9   with this Section and Title V of the Clean Air Act and

10  regulations promulgated thereunder, except as modified by

11  Title IV of the Clean Air Act and regulations promulgated

12  thereunder. The Agency shall issue initial CAAPP permits

13  to the affected sources for acid deposition which shall

14  become effective no earlier than January 1, 1995, and

15  which shall terminate on December 31, 1999, in accordance

16  with this Section. Subsequent CAAPP permits issued to

17  affected sources for acid deposition shall be issued for a

18  fixed term of 5 years. Title IV of the Clean Air Act and

19  regulations promulgated thereunder, including, but not

20  limited to, 40 CFR C.F.R. Part 72, as now or hereafter

21  amended, are applicable to and enforceable under this Act.

22  b. A designated representative of an affected source

23  for acid deposition shall submit a timely and complete

24  Phase II acid rain permit application and compliance plan

25  to the Agency, not later than January 1, 1996, that meets
    SB2394 Enrolled   - 2507 - LRB104 09208 AMC 19265 b

1   the requirements of Titles IV and V of the Clean Air Act

2   and regulations. The Agency shall act on the Phase II acid

3   rain permit application and compliance plan in accordance

4   with this Section and Title V of the Clean Air Act and

5   regulations promulgated thereunder, except as modified by

6   Title IV of the Clean Air Act and regulations promulgated

7   thereunder. The Agency shall issue the Phase II acid rain

8   permit to an affected source for acid deposition no later

9   than December 31, 1997, which shall become effective on

10  January 1, 2000, in accordance with this Section, except

11  as modified by Title IV and regulations promulgated

12  thereunder; provided that the designated representative of

13  the source submitted a timely and complete Phase II permit

14  application and compliance plan to the Agency that meets

15  the requirements of Title IV and V of the Clean Air Act and

16  regulations.

17  c. Each Phase II acid rain permit issued in accordance

18  with this subsection shall have a fixed term of 5 years.

19  Except as provided in paragraph b above, the Agency shall

20  issue or deny a Phase II acid rain permit within 18 months

21  of receiving a complete Phase II permit application and

22  compliance plan.

23  d. A designated representative of a new unit, as

24  defined in Section 402 of the Clean Air Act, shall submit a

25  timely and complete Phase II acid rain permit application

26  and compliance plan that meets the requirements of Titles
    SB2394 Enrolled  - 2508 - LRB104 09208 AMC 19265 b

1   IV and V of the Clean Air Act and its regulations. The

2   Agency shall act on the new unit's Phase II acid rain

3   permit application and compliance plan in accordance with

4   this Section and Title V of the Clean Air Act and its

5   regulations, except as modified by Title IV of the Clean

6   Air Act and its regulations. The Agency shall reopen the

7   new unit's CAAPP permit for cause to incorporate the

8   approved Phase II acid rain permit in accordance with this

9   Section. The Phase II acid rain permit for the new unit

10  shall become effective no later than the date required

11  under Title IV of the Clean Air Act and its regulations.

12  e. A designated representative of an affected source

13  for acid deposition shall submit a timely and complete

14  Title IV NOx permit application to the Agency, not later

15  than January 1, 1998, that meets the requirements of

16  Titles IV and V of the Clean Air Act and its regulations.

17  The Agency shall reopen the Phase II acid rain permit for

18  cause and incorporate the approved NOx provisions into the

19  Phase II acid rain permit not later than January 1, 1999,

20  in accordance with this Section, except as modified by

21  Title IV of the Clean Air Act and regulations promulgated

22  thereunder. Such reopening shall not affect the term of

23  the Phase II acid rain permit.

24  f. The designated representative of the affected

25  source for acid deposition shall renew the initial CAAPP

26  permit and Phase II acid rain permit in accordance with
    SB2394 Enrolled  - 2509 - LRB104 09208 AMC 19265 b

1   this Section and Title V of the Clean Air Act and

2   regulations promulgated thereunder, except as modified by

3   Title IV of the Clean Air Act and regulations promulgated

4   thereunder.

5   g. In the case of an affected source for acid

6   deposition for which a complete Phase II acid rain permit

7   application and compliance plan are timely received under

8   this subsection, the complete permit application and

9   compliance plan, including amendments thereto, shall be

10  binding on the owner, operator and designated

11  representative, all affected units for acid deposition at

12  the affected source, and any other unit, as defined in

13  Section 402 of the Clean Air Act, governed by the Phase II

14  acid rain permit application and shall be enforceable as

15  an acid rain permit for purposes of Titles IV and V of the

16  Clean Air Act, from the date of submission of the acid rain

17  permit application until a Phase II acid rain permit is

18  issued or denied by the Agency.

19  h. The Agency shall not include or implement any

20  measure which would interfere with or modify the

21  requirements of Title IV of the Clean Air Act or

22  regulations promulgated thereunder.

23  i. Nothing in this Section shall be construed as

24  affecting allowances or USEPA's decision regarding an

25  excess emissions offset plan, as set forth in Title IV of

26  the Clean Air Act or regulations promulgated thereunder.
    SB2394 Enrolled  - 2510 - LRB104 09208 AMC 19265 b

1   i. No permit revision shall be required for

2   increases in emissions that are authorized by

3   allowances acquired pursuant to the acid rain program,

4   provided that such increases do not require a permit

5   revision under any other applicable requirement.

6   ii. No limit shall be placed on the number of

7   allowances held by the source. The source may not,

8   however, use allowances as a defense to noncompliance

9   with any other applicable requirement.

10  iii. Any such allowance shall be accounted for

11  according to the procedures established in regulations

12  promulgated under Title IV of the Clean Air Act.

13  j. To the extent that the federal regulations

14  promulgated under Title IV, including, but not limited to,

15  40 CFR C.F.R. Part 72, as now or hereafter amended, are

16  inconsistent with the federal regulations promulgated

17  under Title V, the federal regulations promulgated under

18  Title IV shall take precedence.

19  k. The USEPA may intervene as a matter of right in any

20  permit appeal involving a Phase II acid rain permit

21  provision or denial of a Phase II acid rain permit.

22  l. It is unlawful for any owner or operator to violate

23  any terms or conditions of a Phase II acid rain permit

24  issued under this subsection, to operate any affected

25  source for acid deposition except in compliance with a

26  Phase II acid rain permit issued by the Agency under this
    SB2394 Enrolled      - 2511 - LRB104 09208 AMC 19265 b

1   subsection, or to violate any other applicable

2   requirements.

3   m. The designated representative of an affected source

4   for acid deposition shall submit to the Agency the data

5   and information submitted quarterly to USEPA, pursuant to

6   40 CFR 75.64, concurrently with the submission to USEPA.

7   The submission shall be in the same electronic format as

8   specified by USEPA.

9   n. The Agency shall act on any petition for exemption

10  of a new unit or retired unit, as those terms are defined

11  in Section 402 of the Clean Air Act, from the requirements

12  of the acid rain program in accordance with Title IV of the

13  Clean Air Act and its regulations.

14  o. The Agency shall have the authority to adopt

15  procedural rules, in accordance with the Illinois

16  Administrative Procedure Act, as the Agency deems

17  necessary to implement this subsection.

18  18. Fee Provisions.

19  a. A source subject to this Section or excluded under

20  subsection 1.1 or paragraph (c) of subsection 3 of this

21  Section, shall pay a fee as provided in this paragraph (a)

22  of subsection 18. However, a source that has been excluded

23  from the provisions of this Section under subsection 1.1

24  or under paragraph (c) of subsection 3 of this Section

25  because the source emits less than 25 tons per year of any
    SB2394 Enrolled  - 2512 - LRB104 09208 AMC 19265 b

1   combination of regulated air pollutants, except greenhouse

2   gases, shall pay fees in accordance with paragraph (1) of

3   subsection (b) of Section 9.6.

4   i. The fee for a source allowed to emit less than

5   100 tons per year of any combination of regulated air

6   pollutants, except greenhouse gases, shall be $1,800

7   per year, and that fee shall increase, beginning

8   January 1, 2012, to $2,150 per year.

9   ii. The fee for a source allowed to emit 100 tons

10  or more per year of any combination of regulated air

11  pollutants, except greenhouse gases and those

12  regulated air pollutants excluded in paragraph (f) of

13  this subsection 18, shall be as follows:

14                   A. The Agency shall assess a fee of $18 per

15  ton, per year for the allowable emissions of

16  regulated air pollutants subject to this

17  subparagraph (ii) of paragraph (a) of subsection

18  18, and that fee shall increase, beginning January

19  1, 2012, to $21.50 per ton, per year. These fees

20  shall be used by the Agency and the Board to fund

21  the activities required by Title V of the Clean

22  Air Act including such activities as may be

23  carried out by other State or local agencies

24  pursuant to paragraph (d) of this subsection. The

25  amount of such fee shall be based on the

26  information supplied by the applicant in its
    SB2394 Enrolled  - 2513 - LRB104 09208 AMC 19265 b

1   complete CAAPP permit application or in the CAAPP

2   permit if the permit has been granted and shall be

3   determined by the amount of emissions that the

4   source is allowed to emit annually, provided

5   however, that the maximum fee for a CAAPP permit

6   under this subparagraph (ii) of paragraph (a) of

7   subsection 18 is $250,000, and increases,

8   beginning January 1, 2012, to $294,000. Beginning

9   January 1, 2012, the maximum fee under this

10  subparagraph (ii) of paragraph (a) of subsection

11  18 for a source that has been excluded under

12  subsection 1.1 of this Section or under paragraph

13  (c) of subsection 3 of this Section is $4,112. The

14  Agency shall provide as part of the permit

15  application form required under subsection 5 of

16  this Section a separate fee calculation form which

17  will allow the applicant to identify the allowable

18  emissions and calculate the fee. In no event shall

19  the Agency raise the amount of allowable emissions

20  requested by the applicant unless such increases

21  are required to demonstrate compliance with terms

22  of a CAAPP permit.

23                   Notwithstanding the above, any applicant may

24  seek a change in its permit which would result in

25  increases in allowable emissions due to an

26  increase in the hours of operation or production
    SB2394 Enrolled  - 2514 - LRB104 09208 AMC 19265 b

1   rates of an emission unit or units and such a

2   change shall be consistent with the construction

3   permit requirements of the existing State permit

4   program, under subsection (a) of Section 39 of

5   this Act and applicable provisions of this

6   Section. Where a construction permit is required,

7   the Agency shall expeditiously grant such

8   construction permit and shall, if necessary,

9   modify the CAAPP permit based on the same

10  application.

11                   B. The applicant or permittee may pay the fee

12  annually or semiannually for those fees greater

13  than $5,000. However, any applicant paying a fee

14  equal to or greater than $100,000 shall pay the

15  full amount on July 1, for the subsequent fiscal

16  year, or pay 50% of the fee on July 1 and the

17  remaining 50% by the next January 1. The Agency

18  may change any annual billing date upon reasonable

19  notice, but shall prorate the new bill so that the

20  permittee or applicant does not pay more than its

21  required fees for the fee period for which payment

22  is made.

23  b. (Blank).

24  c. (Blank).

25  d. There is hereby created in the State Treasury a

26  special fund to be known as the Clean Air Act Permit Fund
    SB2394 Enrolled  - 2515 - LRB104 09208 AMC 19265 b

1   (formerly known as the CAA Permit Fund). All Funds

2   collected by the Agency pursuant to this subsection shall

3   be deposited into the Fund. The General Assembly shall

4   appropriate monies from this Fund to the Agency and to the

5   Board to carry out their obligations under this Section.

6   The General Assembly may also authorize monies to be

7   granted by the Agency from this Fund to other State and

8   local agencies which perform duties related to the CAAPP.

9   Interest generated on the monies deposited in this Fund

10  shall be returned to the Fund.

11  e. The Agency shall have the authority to adopt

12  procedural rules, in accordance with the Illinois

13  Administrative Procedure Act, as the Agency deems

14  necessary to implement this subsection.

15  f. For purposes of this subsection, the term

16  "regulated air pollutant" shall have the meaning given to

17  it under subsection 1 of this Section but shall exclude

18  the following:

19  i. carbon monoxide;

20  ii. any Class I or II substance which is a

21  regulated air pollutant solely because it is listed

22  pursuant to Section 602 of the Clean Air Act; and

23  iii. any pollutant that is a regulated air

24  pollutant solely because it is subject to a standard

25  or regulation under Section 112(r) of the Clean Air

26  Act based on the emissions allowed in the permit
    SB2394 Enrolled  - 2516 - LRB104 09208 AMC 19265 b

1   effective in that calendar year, at the time the

2   applicable bill is generated.

3   19. Air Toxics Provisions.

4   a. In the event that the USEPA fails to promulgate in a

5   timely manner a standard pursuant to Section 112(d) of the

6   Clean Air Act, the Agency shall have the authority to

7   issue permits, pursuant to Section 112(j) of the Clean Air

8   Act and regulations promulgated thereunder, which contain

9   emission limitations which are equivalent to the emission

10  limitations that would apply to a source if an emission

11  standard had been promulgated in a timely manner by USEPA

12  pursuant to Section 112(d). Provided, however, that the

13  owner or operator of a source shall have the opportunity

14  to submit to the Agency a proposed emission limitation

15  which it determines to be equivalent to the emission

16  limitations that would apply to such source if an emission

17  standard had been promulgated in a timely manner by USEPA.

18  If the Agency refuses to include the emission limitation

19  proposed by the owner or operator in a CAAPP permit, the

20  owner or operator may petition the Board to establish

21  whether the emission limitation proposal submitted by the

22  owner or operator provides for emission limitations which

23  are equivalent to the emission limitations that would

24  apply to the source if the emission standard had been

25  promulgated by USEPA in a timely manner. The Board shall
    SB2394 Enrolled   - 2517 - LRB104 09208 AMC 19265 b

1   determine whether the emission limitation proposed by the

2   owner or operator or an alternative emission limitation

3   proposed by the Agency provides for the level of control

4   required under Section 112 of the Clean Air Act, or shall

5   otherwise establish an appropriate emission limitation,

6   pursuant to Section 112 of the Clean Air Act.

7   b. Any Board proceeding brought under paragraph (a) or

8   (e) of this subsection shall be conducted according to the

9   Board's procedures for adjudicatory hearings and the Board

10  shall render its decision within 120 days of the filing of

11  the petition. Any such decision shall be subject to review

12  pursuant to Section 41 of this Act. Where USEPA

13  promulgates an applicable emission standard prior to the

14  issuance of the CAAPP permit, the Agency shall include in

15  the permit the promulgated standard, provided that the

16  source shall have the compliance period provided under

17  Section 112(i) of the Clean Air Act. Where USEPA

18  promulgates an applicable standard subsequent to the

19  issuance of the CAAPP permit, the Agency shall revise such

20  permit upon the next renewal to reflect the promulgated

21  standard, providing a reasonable time for the applicable

22  source to comply with the standard, but no longer than 8

23  years after the date on which the source is first required

24  to comply with the emissions limitation established under

25  this subsection.

26  c. The Agency shall have the authority to implement
    SB2394 Enrolled  - 2518 - LRB104 09208 AMC 19265 b

1   and enforce complete or partial emission standards

2   promulgated by USEPA pursuant to Section 112(d), and

3   standards promulgated by USEPA pursuant to Sections

4   112(f), 112(h), 112(m), and 112(n), and may accept

5   delegation of authority from USEPA to implement and

6   enforce Section 112(l) and requirements for the prevention

7   and detection of accidental releases pursuant to Section

8   112(r) of the Clean Air Act.

9   d. The Agency shall have the authority to issue

10  permits pursuant to Section 112(i)(5) of the Clean Air

11  Act.

12  e. The Agency has the authority to implement Section

13  112(g) of the Clean Air Act consistent with the Clean Air

14  Act and federal regulations promulgated thereunder. If the

15  Agency refuses to include the emission limitations

16  proposed in an application submitted by an owner or

17  operator for a case-by-case maximum achievable control

18  technology (MACT) determination, the owner or operator may

19  petition the Board to determine whether the emission

20  limitation proposed by the owner or operator or an

21  alternative emission limitation proposed by the Agency

22  provides for a level of control required by Section 112 of

23  the Clean Air Act, or to otherwise establish an

24  appropriate emission limitation under Section 112 of the

25  Clean Air Act.
    SB2394 Enrolled      - 2519 - LRB104 09208 AMC 19265 b

1   20. Small Business.

2   a. For purposes of this subsection:

3   "Program" is the Small Business Stationary Source

4   Technical and Environmental Compliance Assistance Program

5   created within this State pursuant to Section 507 of the

6   Clean Air Act and guidance promulgated thereunder, to

7   provide technical assistance and compliance information to

8   small business stationary sources;

9   "Small Business Assistance Program" is a component of

10  the Program responsible for providing sufficient

11  communications with small businesses through the

12  collection and dissemination of information to small

13  business stationary sources; and

14  "Small Business Stationary Source" means a stationary

15  source that:

16  1. is owned or operated by a person that employs

17  100 or fewer individuals;

18  2. is a small business concern as defined in the

19  "Small Business Act";

20  3. is not a major source as that term is defined in

21  subsection 2 of this Section;

22  4. does not emit 50 tons or more per year of any

23  regulated air pollutant, except greenhouse gases; and

24  5. emits less than 75 tons per year of all

25  regulated pollutants, except greenhouse gases.

26  b. The Agency shall adopt and submit to USEPA, after
    SB2394 Enrolled    - 2520 - LRB104 09208 AMC 19265 b

1   reasonable notice and opportunity for public comment, as a

2   revision to the Illinois state implementation plan, plans

3   for establishing the Program.

4   c. The Agency shall have the authority to enter into

5   such contracts and agreements as the Agency deems

6   necessary to carry out the purposes of this subsection.

7   d. The Agency may establish such procedures as it may

8   deem necessary for the purposes of implementing and

9   executing its responsibilities under this subsection.

10  e. There shall be appointed a Small Business Ombudsman

11  (hereinafter in this subsection referred to as

12  "Ombudsman") to monitor the Small Business Assistance

13  Program. The Ombudsman shall be a nonpartisan designated

14  official, with the ability to independently assess whether

15  the goals of the Program are being met.

16  f. The State Ombudsman Office shall be located in an

17  existing Ombudsman office within the State or in any State

18  Department.

19  g. There is hereby created a State Compliance Advisory

20  Panel (hereinafter in this subsection referred to as

21  "Panel") for determining the overall effectiveness of the

22  Small Business Assistance Program within this State.

23  h. The selection of Panel members shall be by the

24  following method:

25  1. The Governor shall select two members who are

26  not owners or representatives of owners of small
    SB2394 Enrolled         - 2521 - LRB104 09208 AMC 19265 b

1   business stationary sources to represent the general

2   public;

3   2. The Director of the Agency shall select one

4   member to represent the Agency; and

5   3. The State Legislature shall select four members

6   who are owners or representatives of owners of small

7   business stationary sources. Both the majority and

8   minority leadership in both Houses of the Legislature

9   shall appoint one member of the panel.

10  i. Panel members should serve without compensation but

11  will receive full reimbursement for expenses including

12  travel and per diem as authorized within this State.

13  j. The Panel shall select its own Chair by a majority

14  vote. The Chair may meet and consult with the Ombudsman

15  and the head of the Small Business Assistance Program in

16  planning the activities for the Panel.

17  21. Temporary Sources.

18  a. The Agency may issue a single permit authorizing

19  emissions from similar operations by the same source owner

20  or operator at multiple temporary locations, except for

21  sources which are affected sources for acid deposition

22  under Title IV of the Clean Air Act.

23  b. The applicant must demonstrate that the operation

24  is temporary and will involve at least one change of

25  location during the term of the permit.
    SB2394 Enrolled  - 2522 - LRB104 09208 AMC 19265 b

1   c. Any such permit shall meet all applicable

2   requirements of this Section and applicable regulations,

3   and include conditions assuring compliance with all

4   applicable requirements at all authorized locations and

5   requirements that the owner or operator notify the Agency

6   at least 10 days in advance of each change in location.

7   22. Solid Waste Incineration Units.

8   a. A CAAPP permit for a solid waste incineration unit

9   combusting municipal waste subject to standards

10  promulgated under Section 129(e) of the Clean Air Act

11  shall be issued for a period of 12 years and shall be

12  reviewed every 5 years, unless the Agency requires more

13  frequent review through Agency procedures.

14  b. During the review in paragraph (a) of this

15  subsection, the Agency shall fully review the previously

16  submitted CAAPP permit application and corresponding

17  reports subsequently submitted to determine whether the

18  source is in compliance with all applicable requirements.

19  c. If the Agency determines that the source is not in

20  compliance with all applicable requirements it shall

21  revise the CAAPP permit as appropriate.

22  d. The Agency shall have the authority to adopt

23  procedural rules, in accordance with the Illinois

24  Administrative Procedure Act, as the Agency deems

25  necessary, to implement this subsection.
    SB2394 Enrolled    - 2523 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
2 100-103, eff. 8-11-17; revised 10-23-24.)

3   (415 ILCS 5/57.4)

4   Sec. 57.4. State agencies Agencies. The Office of the

5 State Fire Marshal and the Illinois Environmental Protection

6 Agency shall administer the Leaking Underground Storage Tank

7 Program in accordance with the terms of this Title.

8 (Source: P.A. 88-496; revised 7-29-24.)

9   (415 ILCS 5/57.5)

10  Sec. 57.5. Underground Storage Tanks; removal; repair;

11 abandonment.

12  (a) Notwithstanding the eligibility or the level of

13 deductibility of an owner or operator under the Underground

14 Storage Tank Fund, any owner or operator of an Underground

15 Storage Tank may seek to remove or abandon such tank under the

16 provisions of this Title. In order to be reimbursed under

17 Section 57.8, the owner or operator must comply with the

18 provisions of this Title. In no event will an owner or operator

19 be reimbursed for any costs which exceed the minimum

20 requirements necessary to comply with this Title.

21  (b) Removal or abandonment of an Underground Storage Tank

22 must be carried out in accordance with regulations adopted by

23 the Office of the State Fire Marshal.

24  (c) The Office of the State Fire Marshal or a designated
SB2394 Enrolled  - 2524 - LRB104 09208 AMC 19265 b

 1 agent shall have an inspector on site at the time of removal,
 2 abandonment, or such other times the Office of State Fire
 3 Marshal deems appropriate. At such time, the inspector shall,
 4 upon preliminary excavation of the tank site, render an
 5 opinion as to whether a release of petroleum has occurred and,
 6 if so, the owner or operator shall report the known or
 7 suspected release to the Illinois Emergency Management Agency.
 8 The owner or operator shall determine whether or not a release
 9 has occurred in conformance with the regulations adopted by
10 the Board and the Office of the State Fire Marshal. Except that
11 if the opinion of the Office of the State Fire Marshal
12 inspector is that a release of petroleum has occurred and the
13 owner or operator has reported the release to the Illinois
14 Emergency Management Agency within 24 hours of removal of the
15 tank, no such determination is required under this subsection.
16 In the event the owner or operator confirms the presence of a
17 release of petroleum, the owner or operator shall comply with
18 Section 57.6. The inspector shall provide the owner or
19 operator, or a designated agent, with an "Eligibility and
20 Deductibility Determination" form. The Office of the State
21 Fire Marshal shall provide on-site assistance to the owner or
22 operator or a designated agent with regard to the eligibility
23 and deductibility procedures as provided in Section 57.9. If
24 the Office of the State Fire Marshal is not on site, the Office
25 of the State Fire Marshal shall provide the owner or operator
26 with an "Eligibility and Deductibility Determination" form
    SB2394 Enrolled    - 2525 - LRB104 09208 AMC 19265 b

1 within 15 days after receiving notice that the confirmed

2 release was reported by the owner or operator.

3   (d) In the event that a release of petroleum is confirmed

4 under subsection (c) of this Section, the owner or operator

5 may elect to backfill the preliminary excavation and proceed

6 under Section 57.6.

7   (e) In the event that an Underground Storage Tank is found

8 to be ineligible for payment from the Underground Storage Tank

9 Fund, the owner or operator shall proceed under Sections 57.6

10 and 57.7.

11  (f) In the event that no release of petroleum is

12 confirmed, the owner or operator shall proceed to complete the

13 removal of the underground storage tank, and when appropriate,

14 dispose of the tank and backfill the excavation or, in the

15 alternate, abandon the underground storage tank in place.

16 Either option shall be in accordance with regulations adopted

17 by the Office of the State Fire Marshal. The owner or operator

18 shall certify to the Office of the State Fire Marshal that the

19 tank removal or abandonment was conducted in accordance with

20 all applicable rules and regulations, and the Office of the

21 State Fire Marshal shall then issue a certificate of removal

22 or abandonment to the owner or operator. If the Office of the

23 State Fire Marshal fails to issue a certificate of removal or

24 abandonment within 30 days of receipt of the certification,

25 the certification shall be considered rejected by operation of

26 law and a final action appealable to the Board. Nothing in this
    SB2394 Enrolled        - 2526 - LRB104 09208 AMC 19265 b

1 Title shall prohibit the Office of the State Fire Marshal from

2 making an independent inspection of the site and challenging

3 the veracity of the owner or operator certification.

4   (g) The owner or operator of an underground storage tank

5 taken out of operation before January 2, 1974, or an

6 underground storage tank used exclusively to store heating oil

7 for consumptive use on the premises where stored and which

8 serves other than a farm or residential unit shall not be

9 required to remove or abandon in place such underground

10 storage tank except in the case in which the Office of the

11 State Fire Marshal has determined that a release from the

12 underground storage tank poses a current or potential threat

13 to human health and the environment. In that case, and upon

14 receipt of an order from the Office of the State Fire Marshal,

15 the owner or operator of such underground storage tank shall

16 conduct removal and, if necessary, site investigation and

17 corrective action in accordance with this Title and

18 regulations promulgated by the Office of the State Fire

19 Marshal and the Board.

20  (h) In the event that a release of petroleum occurred

21 between September 13, 1993, and August 1, 1994, for which the

22 Office of the State Fire Marshal issued a certificate of

23 removal or abandonment based on its determination of "no

24 release" or "minor release," and the Office of the State Fire

25 Marshal subsequently has rescinded that determination and

26 required a report of a confirmed release to the Illinois
    SB2394 Enrolled    - 2527 - LRB104 09208 AMC 19265 b

 1 Emergency Management Agency, the owner or operator may be
 2 eligible for reimbursement for the costs of site investigation
 3 and corrective action incurred on or after the date of the
 4 release but prior to the notification of the Illinois
 5 Emergency Management Agency. The date of the release shall be
 6 the date of the initial inspection by the Office of the State
 7 Fire Marshal as recorded in its inspection log. Eligibility
 8 and deductibility shall be determined in accordance with this
 9 Title, the owner or operator must comply with the provisions
10 of this Act and its rules, and in no case shall the owner or
11 operator be reimbursed for costs exceeding the minimum
12 requirements of this Act and its rules.
13 (Source: P.A. 92-554, eff. 6-24-02; revised 7-30-24.)

14  (415 ILCS 5/57.8)

15  Sec. 57.8. Underground Storage Tank Fund; payment; options

16 for State payment; deferred correction election to commence

17 corrective action upon availability of funds. If an owner or

18 operator is eligible to access the Underground Storage Tank

19 Fund pursuant to an Office of the State Fire Marshal

20 eligibility/deductible final determination letter issued in

21 accordance with Section 57.9, the owner or operator may submit

22 a complete application for final or partial payment to the

23 Agency for activities taken in response to a confirmed

24 release. An owner or operator may submit a request for partial

25 or final payment regarding a site no more frequently than once
    SB2394 Enrolled   - 2528 - LRB104 09208 AMC 19265 b

1 every 90 days.

2   (a) Payment after completion of corrective action

3 measures. The owner or operator may submit an application for

4 payment for activities performed at a site after completion of

5 the requirements of Sections 57.6 and 57.7, or after

6 completion of any other required activities at the underground

7 storage tank site.

8   (1) In the case of any approved plan and budget for

9   which payment is being sought, the Agency shall make a

10  payment determination within 120 days of receipt of the

11  application. Such determination shall be considered a

12  final decision. The Agency's review shall be limited to

13  generally accepted auditing and accounting practices. In

14  no case shall the Agency conduct additional review of any

15  plan which was completed within the budget, beyond

16  auditing for adherence to the corrective action measures

17  in the proposal. If the Agency fails to approve the

18  payment application within 120 days, such application

19  shall be deemed approved by operation of law and the

20  Agency shall proceed to reimburse the owner or operator

21  the amount requested in the payment application. However,

22  in no event shall the Agency reimburse the owner or

23  operator an amount greater than the amount approved in the

24  plan.

25  (2) If sufficient funds are available in the

26  Underground Storage Tank Fund, the Agency shall, within 60
    SB2394 Enrolled  - 2529 - LRB104 09208 AMC 19265 b

1   days, forward to the Office of the State Comptroller a

2   voucher in the amount approved under the payment

3   application.

4   (3) In the case of insufficient funds, the Agency

5   shall form a priority list for payment and shall notify

6   persons in such priority list monthly of the availability

7   of funds and when payment shall be made. Payment shall be

8   made to the owner or operator at such time as sufficient

9   funds become available for the costs associated with site

10  investigation and corrective action and costs expended for

11  activities performed where no proposal is required, if

12  applicable. Such priority list shall be available to any

13  owner or operator upon request. Priority for payment shall

14  be determined by the date the Agency receives a complete

15  request for partial or final payment. Upon receipt of

16  notification from the Agency that the requirements of this

17  Title have been met, the Comptroller shall make payment to

18  the owner or operator of the amount approved by the

19  Agency, if sufficient money exists in the Fund. If there

20  is insufficient money in the Fund, then payment shall not

21  be made. If the owner or operator appeals a final Agency

22  payment determination and it is determined that the owner

23  or operator is eligible for payment or additional payment,

24  the priority date for the payment or additional payment

25  shall be the same as the priority date assigned to the

26  original request for partial or final payment.
    SB2394 Enrolled     - 2530 - LRB104 09208 AMC 19265 b

1   (4) Any deductible, as determined pursuant to the

2   Office of the State Fire Marshal's eligibility and

3   deductibility final determination in accordance with

4   Section 57.9, shall be subtracted from any payment invoice

5   paid to an eligible owner or operator. Only one deductible

6   shall apply per underground storage tank site.

7   (5) In the event that costs are or will be incurred in

8   addition to those approved by the Agency, or after

9   payment, the owner or operator may submit successive plans

10  containing amended budgets. The requirements of Section

11  57.7 shall apply to any amended plans.

12  (6) For purposes of this Section, a complete

13  application shall consist of:

14  (A) A certification from a Licensed Professional

15  Engineer or Licensed Professional Geologist as

16  required under this Title and acknowledged by the

17  owner or operator.

18  (B) A statement of the amounts approved in the

19  budget and the amounts actually sought for payment

20  along with a certified statement by the owner or

21  operator that the amounts so sought were expended in

22  conformance with the approved budget.

23  (C) A copy of the Office of the State Fire

24  Marshal's eligibility and deductibility determination.

25  (D) Proof that approval of the payment requested

26  will not result in the limitations set forth in
    SB2394 Enrolled  - 2531 - LRB104 09208 AMC 19265 b

1   subsection (g) of this Section being exceeded.

2   (E) A federal taxpayer identification number and

3   legal status disclosure certification on a form

4   prescribed and provided by the Agency.

5   (F) If the Agency determined under subsection

6   (c)(3) of Section 57.7 of this Act that corrective

7   action must include a project labor agreement, a

8   certification from the owner or operator that the

9   corrective action was (i) performed under a project

10  labor agreement that meets the requirements of Section

11  25 of the Project Labor Agreements Act and (ii)

12  implemented in a manner consistent with the terms and

13  conditions of the Project Labor Agreements Act and in

14  full compliance with all statutes, regulations, and

15  Executive Orders as required under that Act and the

16  Prevailing Wage Act.

17  (b) Commencement of site investigation or corrective

18 action upon availability of funds. The Board shall adopt

19 regulations setting forth procedures based on risk to human

20 health or the environment under which the owner or operator

21 who has received approval for any budget plan submitted

22 pursuant to Section 57.7, and who is eligible for payment from

23 the Underground Storage Tank Fund pursuant to an Office of the

24 State Fire Marshal eligibility and deductibility

25 determination, may elect to defer site investigation or

26 corrective action activities until funds are available in an
    SB2394 Enrolled  - 2532 - LRB104 09208 AMC 19265 b

1 amount equal to the amount approved in the budget. The

2 regulations shall establish criteria based on risk to human

3 health or the environment to be used for determining on a

4 site-by-site basis whether deferral is appropriate. The

5 regulations also shall establish the minimum investigatory

6 requirements for determining whether the risk based criteria

7 are present at a site considering deferral and procedures for

8 the notification of owners or operators of insufficient funds,

9 Agency review of request for deferral, notification of Agency

10 final decisions, returning deferred sites to active status,

11 and earmarking of funds for payment.

12  (c) When the owner or operator requests indemnification

13 for payment of costs incurred as a result of a release of

14 petroleum from an underground storage tank, if the owner or

15 operator has satisfied the requirements of subsection (a) of

16 this Section, the Agency shall forward a copy of the request to

17 the Attorney General. The Attorney General shall review and

18 approve the request for indemnification if:

19  (1) there is a legally enforceable judgment entered

20  against the owner or operator and such judgment was

21  entered due to harm caused by a release of petroleum from

22  an underground storage tank and such judgment was not

23  entered as a result of fraud; or

24  (2) a settlement with a third party due to a release of

25  petroleum from an underground storage tank is reasonable.

26  (d) (1) Notwithstanding any other provision of this Title,
    SB2394 Enrolled  - 2533 - LRB104 09208 AMC 19265 b

1 the Agency shall not approve payment to an owner or operator

2 from the Fund for costs of corrective action or

3 indemnification incurred during a calendar year in excess of

4 the following aggregate amounts based on the number of

5 petroleum underground storage tanks owned or operated by such

6 owner or operator in Illinois.

7   Amount                                    Number of Tanks

8   $2,000,000 ............................ fewer than 101

9   $3,000,000 .............................. 101 or more

10  (2) (1) Costs incurred in excess of the aggregate amounts

11 set forth in paragraph (1) of this subsection shall not be

12 eligible for payment in subsequent years.

13  (3) (2) For purposes of this subsection, requests

14 submitted by any of the agencies, departments, boards,

15 committees, or commissions of the State of Illinois shall be

16 acted upon as claims from a single owner or operator.

17  (4) (3) For purposes of this subsection, owner or operator

18 includes (i) any subsidiary, parent, or joint stock company of

19 the owner or operator and (ii) any company owned by any parent,

20 subsidiary, or joint stock company of the owner or operator.

21  (e) Costs of corrective action or indemnification incurred

22 by an owner or operator which have been paid to an owner or

23 operator under a policy of insurance, another written

24 agreement, or a court order are not eligible for payment under

25 this Section. An owner or operator who receives payment under

26 a policy of insurance, another written agreement, or a court
    SB2394 Enrolled            - 2534 - LRB104 09208 AMC 19265 b

1 order shall reimburse the State to the extent such payment

2 covers costs for which payment was received from the Fund. Any

3 monies received by the State under this subsection (e) shall

4 be deposited into the Fund.

5   (f) (Blank.).

6   (g) The Agency shall not approve any payment from the Fund

7 to pay an owner or operator:

8   (1) for costs of corrective action incurred by such

9   owner or operator in an amount in excess of $1,500,000 per

10  occurrence; and

11  (2) for costs of indemnification of such owner or

12  operator in an amount in excess of $1,500,000 per

13  occurrence.

14  (h) Payment of any amount from the Fund for corrective

15 action or indemnification shall be subject to the State

16 acquiring by subrogation the rights of any owner, operator, or

17 other person to recover the costs of corrective action or

18 indemnification for which the Fund has compensated such owner,

19 operator, or person from the person responsible or liable for

20 the release.

21  (i) If the Agency refuses to pay or authorizes only a

22 partial payment, the affected owner or operator may petition

23 the Board for a hearing in the manner provided for the review

24 of permit decisions in Section 40 of this Act.

25  (j) Costs of corrective action or indemnification incurred

26 by an owner or operator prior to July 28, 1989, shall not be
    SB2394 Enrolled  - 2535 - LRB104 09208 AMC 19265 b

1 eligible for payment or reimbursement under this Section.

2   (k) The Agency shall not pay costs of corrective action or

3 indemnification incurred before providing notification of the

4 release of petroleum in accordance with the provisions of this

5 Title.

6   (l) Corrective action does not include legal defense

7 costs. Legal defense costs include legal costs for seeking

8 payment under this Title unless the owner or operator prevails

9 before the Board in which case the Board may authorize payment

10 of legal fees.

11  (m) The Agency may apportion payment of costs for plans

12 submitted under Section 57.7 if:

13        (1) the owner or operator was deemed eligible to

14  access the Fund for payment of corrective action costs for

15  some, but not all, of the underground storage tanks at the

16  site; and

17        (2) the owner or operator failed to justify all costs

18  attributable to each underground storage tank at the site.

19  (n) The Agency shall not pay costs associated with a

20 corrective action plan incurred after the Agency provides

21 notification to the owner or operator pursuant to item (7) of

22 subsection (b) of Section 57.7 that a revised corrective

23 action plan is required. Costs associated with any

24 subsequently approved corrective action plan shall be eligible

25 for reimbursement if they meet the requirements of this Title.

26 (Source: P.A. 98-109, eff. 7-25-13; revised 7-30-24.)
    SB2394 Enrolled      - 2536 - LRB104 09208 AMC 19265 b

1   (415 ILCS 5/57.9)

2   Sec. 57.9. Underground Storage Tank Fund; eligibility and

3 deductibility.

4   (a) The Underground Storage Tank Fund shall be accessible

5 by owners and operators who have a confirmed release from an

6 underground storage tank or related tank system of a substance

7 listed in this Section. The owner or operator is eligible to

8 access the Underground Storage Tank Fund if the eligibility

9 requirements of this Title are satisfied and:

10  (1) Neither the owner nor the operator is the United

11  States Government.

12  (2) The tank does not contain fuel which is exempt

13  from the Motor Fuel Tax Law.

14  (3) The costs were incurred as a result of a confirmed

15  release of any of the following substances:

16  (A) "Fuel", as defined in Section 1.19 of the

17  Motor Fuel Tax Law.

18  (B) Aviation fuel.

19  (C) Heating oil.

20  (D) Kerosene.

21  (E) Used oil which has been refined from crude oil

22  used in a motor vehicle, as defined in Section 1.3 of

23  the Motor Fuel Tax Law.

24  (4) The owner or operator registered the tank and paid

25  all fees in accordance with the statutory and regulatory
    SB2394 Enrolled        - 2537 - LRB104 09208 AMC 19265 b

1   requirements of the Gasoline Storage Act.

2   (5) The owner or operator notified the Illinois

3   Emergency Management Agency of a confirmed release, the

4   costs were incurred after the notification and the costs

5   were a result of a release of a substance listed in this

6   Section. Costs of corrective action or indemnification

7   incurred before providing that notification shall not be

8   eligible for payment.

9   (6) The costs have not already been paid to the owner

10  or operator under a private insurance policy, other

11  written agreement, or court order.

12  (7) The costs were associated with "corrective action"

13  of this Act.

14  If the underground storage tank which experienced a

15  release of a substance listed in this Section was

16  installed after July 28, 1989, the owner or operator is

17  eligible to access the Underground Storage Tank Fund if it

18  is demonstrated to the Office of the State Fire Marshal

19  the tank was installed and operated in accordance with

20  Office of the State Fire Marshal regulatory requirements.

21  Office of the State Fire Marshal certification is prima

22  facie evidence the tank was installed pursuant to the

23  Office of the State Fire Marshal regulatory requirements.

24  (b) For releases reported prior to June 8, 2010 (the

25 effective date of Public Act 96-908) this amendatory Act of

26 the 96th General Assembly, an owner or operator may access the
    SB2394 Enrolled  - 2538 - LRB104 09208 AMC 19265 b

1 Underground Storage Tank Fund for costs associated with an

2 Agency approved plan and the Agency shall approve the payment

3 of costs associated with corrective action after the

4 application of a $10,000 deductible, except in the following

5 situations:

6   (1) A deductible of $100,000 shall apply when none of

7   the underground storage tanks were registered prior to

8   July 28, 1989, except in the case of underground storage

9   tanks used exclusively to store heating oil for

10  consumptive use on the premises where stored and which

11  serve other than farms or residential units, a deductible

12  of $100,000 shall apply when none of these tanks were

13  registered prior to July 1, 1992.

14  (2) A deductible of $50,000 shall apply if any of the

15  underground storage tanks were registered prior to July

16  28, 1989, and the State received notice of the confirmed

17  release prior to July 28, 1989.

18  (3) A deductible of $15,000 shall apply when one or

19  more, but not all, of the underground storage tanks were

20  registered prior to July 28, 1989, and the State received

21  notice of the confirmed release on or after July 28, 1989.

22  For releases reported on or after June 8, 2010 (the

23 effective date of Public Act 96-908) this amendatory Act of

24 the 96th General Assembly, an owner or operator may access the

25 Underground Storage Tank Fund for costs associated with an

26 Agency approved plan, and the Agency shall approve the payment
    SB2394 Enrolled  - 2539 - LRB104 09208 AMC 19265 b

1 of costs associated with corrective action after the

2 application of a $5,000 deductible.

3   A deductible shall apply annually for each site at which

4 costs were incurred under a claim submitted pursuant to this

5 Title, except that if corrective action in response to an

6 occurrence takes place over a period of more than one year, in

7 subsequent years, no deductible shall apply for costs incurred

8 in response to such occurrence.

9   (c) Eligibility and deductibility determinations shall be

10 made by the Office of the State Fire Marshal.

11  (1) When an owner or operator reports a confirmed

12  release of a regulated substance, the Office of the State

13  Fire Marshal shall provide the owner or operator with an

14  "Eligibility and Deductibility Determination" form. The

15  form shall either be provided on-site or within 15 days of

16  the Office of the State Fire Marshal receipt of notice

17  indicating a confirmed release. The form shall request

18  sufficient information to enable the Office of the State

19  Fire Marshal to make a final determination as to owner or

20  operator eligibility to access the Underground Storage

21  Tank Fund pursuant to this Title and the appropriate

22  deductible. The form shall be promulgated as a rule or

23  regulation pursuant to the Illinois Administrative

24  Procedure Act by the Office of the State Fire Marshal.

25  Until such form is promulgated, the Office of the State

26  Fire Marshal shall use a form which generally conforms
    SB2394 Enrolled    - 2540 - LRB104 09208 AMC 19265 b

1   with this Act.

2   (2) Within 60 days of receipt of the "Eligibility and

3   Deductibility Determination" form, the Office of the State

4   Fire Marshal shall issue one letter enunciating the final

5   eligibility and deductibility determination, and such

6   determination or failure to act within the time prescribed

7   shall be a final decision appealable to the Illinois

8   Pollution Control Board.

9 (Source: P.A. 96-908, eff. 6-8-10; revised 7-30-24.)

10  (415 ILCS 5/59.1)

11  Sec. 59.1. Carbon capture permit requirements. For air

12 construction permit applications for carbon dioxide capture

13 projects at existing sources submitted on or after July 18,

14 2024 (the effective date of Public Act 103-651) this

15 amendatory Act of the 103rd General Assembly, no permit may be

16 issued unless all of the following requirements are met:

17  (1) The permit applicant demonstrates that there will

18  be no net increase in the individual allowable potential

19  annual criteria pollutant emissions at the source. If the

20  Agency determines that it is technically infeasible for an

21  applicant to demonstrate that there will be no net

22  increase in the individual allowable potential annual

23  criteria pollutant emissions at the source, the Agency

24  shall allow an alternative demonstration.

25  (2) The Agency has complied with the public
    SB2394 Enrolled   - 2541 - LRB104 09208 AMC 19265 b

1   participation requirements under 35 Ill. Adm. Code 252.

2   (3) The permit applicant submits to the Agency in its

3   permit application, a Greenhouse Gas Inventory Analysis,

4   as set forth in guidance from the United States

5   Environmental Protection Agency, that includes all

6   emissions at the stack or emissions source from which

7   carbon dioxide is captured and a demonstration that the

8   total greenhouse gas emissions associated with capture,

9   including, but not limited to, (i) the emissions at the

10  stack or emissions source from which the carbon dioxide is

11  captured, (ii) the additional emissions associated with

12  additional electricity generated, whether on-site or

13  off-site, used to power any capture equipment, and (iii)

14  any increased emissions necessary for the operation of the

15  capture facility as compared to before the installation

16  and operation of the capture equipment at the facility, do

17  not exceed the total amount of greenhouse gas emissions

18  captured. This comparison shall be made on an annual

19  basis, projected across the proposed life span of the

20  capture project.

21  (4) The permit applicant provides a water impact

22  assessment report. The report must have been submitted to

23  the Department of Natural Resources and to the Soil and

24  Water Conservation District in the county in which the

25  project will be constructed. The report shall identify the

26  following:
    SB2394 Enrolled    - 2542 - LRB104 09208 AMC 19265 b

1        (A) each water source to be used by the project;

2        (B) the pumping method to be used by the project;

3        (C) the maximum and expected average daily pumping

4   rates for the pumps used by the project;

5        (D) the impacts to each water source used by the

6   project, such as aquifer drawdown or river reductions;

7   and

8        (E) a detailed assessment of the impact on water

9   users near the area of impact.

10  The water impact assessment shall consider the water

11  impacts (i) immediately following the project's initial

12  operations, (ii) at the end of the project's expected

13  operational life, and (iii) during a drought or other

14  similar event.

15  The permit applicant shall submit a certification to the

16 Agency that the applicant has submitted its initial water use

17 impact study and the applicant's ongoing water usage to the

18 Department of Natural Resources. This requirement may be

19 satisfied by submitting to the Agency copies of documents

20 provided to the United States Environmental Protection Agency

21 in accordance with 40 CFR 146.82 if the applicant satisfies

22 the requirements of this Section.

23 (Source: P.A. 103-651, eff. 7-18-24; revised 10-24-24.)

24  (415 ILCS 5/59.9)

25  Sec. 59.9. Closure. The owner or operator of a carbon
    SB2394 Enrolled  - 2543 - LRB104 09208 AMC 19265 b

1 sequestration activity permitted in accordance with this Act

2 shall monitor the site during the post-injection site care

3 period, which shall be no less than 30 years after the last

4 date of injection, as well as following certification of

5 closure by United States Environmental Protection Agency Act

6 to show the position of the carbon dioxide and pressure front

7 to ensure it does not pose an endangerment to groundwater, as

8 specified in 35 Ill. Adm. Code 620, or to human health or the

9 environment, unless and until the Agency certifies that a

10 carbon sequestration facility is closed. Air and soil gas

11 monitoring required by a carbon sequestration activity permit

12 issued by the Agency must continue until the Agency certifies

13 the carbon sequestration facility as closed. The Agency shall

14 certify a carbon sequestration facility as closed if:

15       (1) the owner or operator submits to the Agency a copy

16  of a closure certification issued for the carbon

17  sequestration facility in accordance with 40 CFR 146.93;

18  and

19       (2) the owner or operator demonstrates to the Agency

20  that no additional air or soil gas monitoring is needed to

21  ensure the carbon sequestration facility does not pose an

22  endangerment to groundwater, as specified in 35 Ill. Adm.

23  Code 620, or to human health or the environment.

24  This demonstration must include location-specific

25 monitoring data. The certification of closure does not relieve

26 an operator of any liabilities from the carbon sequestration
    SB2394 Enrolled      - 2544 - LRB104 09208 AMC 19265 b

1 activity or carbon sequestration facility.
2 (Source: P.A. 103-651, eff. 7-18-24; revised 10-23-24.)

3   (415 ILCS 5/59.10)

4   Sec. 59.10. Financial assurance.

5   (a) The owner or operator of a sequestration activity

6 permitted in accordance with this Act shall maintain financial

7 assurance in an amount equal to or greater than the cost

8 estimate calculated in accordance with paragraph (11) of

9 Section 59.6.

10  (b) The owner or operator of the sequestration activity

11 must use one or a combination of the following mechanisms as

12 financial assurance:

13  (1) a fully funded trust fund;

14  (2) a surety bond guaranteeing payment;

15  (3) a surety bond guaranteeing performance; or

16  (4) an irrevocable letter of credit.

17  (c) The financial assurance mechanism must identify the

18 Agency as the sole beneficiary.

19  (d) The financial assurance mechanism shall be on forms

20 adopted by the Agency. The Agency must adopt these forms

21 within 90 days of the date of July 18, 2024 (the effective date

22 of Public Act 103-651) this amendatory Act of the 103rd

23 General Assembly.

24  (e) The Agency shall release a trustee, surety, or other

25 financial institution holding a financial assurance mechanism
    SB2394 Enrolled  - 2545 - LRB104 09208 AMC 19265 b

1 when:

2        (1) the owner or operator of a carbon sequestration

3   activity substitutes alternative financial assurance such

4   that the total financial assurance for the site is equal

5   to or greater than the current cost estimate, without

6   counting the amounts to be released; or

7        (2) the Agency determines that the owner or operator

8   is no longer required to maintain a permit.

9   (f) The Agency may enter into contracts and agreements it

10 deems necessary to carry out the purposes of this Section,

11 including, but not limited to, interagency agreements with the

12 Illinois State Geological Survey, the Department of Natural

13 Resources, or other agencies of the State. Neither the State

14 nor any State employee shall be liable for any damages or

15 injuries arising out of or resulting from any action taken

16 under paragraph (11) of Section 59.6.

17  (g) The Agency may order that a permit holder modify the

18 financial assurance or order that proceeds from financial

19 assurance be applied to the remedial action at or closure of an

20 injection site. The Agency may pursue legal action in any

21 court of competent jurisdiction to enforce its rights under

22 financial instruments used to provide the financial assurance

23 required under Section 59.10.

24  (h) An owner or operator of a carbon sequestration

25 activity permitted in accordance with this Act that has a

26 closure plan approved by the United States Environmental
    SB2394 Enrolled   - 2546 - LRB104 09208 AMC 19265 b

1 Protection Agency in accordance with 40 CFR 146.93 may satisfy
2 the financial assurance requirements for any portion of the
3 cost estimates for closure costs required by the Agency by
4 submitting to the Agency true copies of the financial
5 assurance mechanism required by 40 CFR 146.85, if those
6 mechanisms are compliant with Section 59.10.
7 (Source: P.A. 103-651, eff. 7-18-24; revised 10-24-24.)

8   Section 960. The Pesticide Application on Rights-of-Way

9 Notification Act is amended by changing Section 1 as follows:

10  (415 ILCS 61/1)

11  Sec. 1. Short title. This Act may be cited as the the

12 Pesticide Application on Rights-of-Way Notification Act.

13 (Source: P.A. 103-976, eff. 1-1-25; revised 12-4-24.)

14  Section 965. The Lawn Care Products Application and Notice

15 Act is amended by changing Section 5a as follows:

16  (415 ILCS 65/5a)

17  Sec. 5a. Fertilizer; application restrictions.

18  (a) No applicator for hire shall:

19  (1) Apply phosphorus-containing fertilizer to a lawn,

20  except as demonstrated to be necessary by a soil test that

21  establishes that the soil is lacking in phosphorus

22  phosphorous when compared against the standard established
    SB2394 Enrolled  - 2547 - LRB104 09208 AMC 19265 b

1   by the University of Illinois. The soil test required

2   under this paragraph (1) shall be conducted no more than

3   36 months before the intended application of the

4   fertilizer and by a soil testing laboratory that has been

5   identified by the University of Illinois as an acceptable

6   laboratory for soil testing. However, a soil test shall

7   not be required under this paragraph (1) if the fertilizer

8   to be applied is a 0% phosphate fertilizer or the

9   fertilizer is being applied to establish a lawn in the

10  first 2 growing seasons.

11  (2) Apply fertilizer to an impervious surface, except

12  where the application is inadvertent and fertilizer is

13  swept or blown back into the target area or returned to

14  either its original or another appropriate container for

15  reuse.

16  (3) Apply fertilizer using a spray, drop, or rotary

17  spreader with a deflector within a 3 foot buffer of any

18  water body, except that when this equipment is not used,

19  fertilizer may not be applied within a 15 foot buffer of

20  any water body.

21  (4) Apply fertilizer at any time when the lawn is

22  frozen or saturated. For the purposes of this paragraph

23  (4), a lawn is frozen when its root system is frozen

24  (typically 3 or 4 inches down), and a lawn is saturated

25  when it bears ample evidence of being or having been

26  inundated by standing water.
    SB2394 Enrolled            - 2548 - LRB104 09208 AMC 19265 b

1   (b) This Section does not apply to the application of

2 fertilizer on property used in the operation of a commercial

3 farm, lands classified as agricultural lands, or golf courses.

4   (c) This Section does not apply to the application of lawn

5 repair products.

6   (d) Paragraph (1) of subsection (a) of this Section does

7 not apply to the application of animal or vegetable manure

8 that is ground, pelletized, mechanically dried, packaged, or

9 supplemented with plant nutrients or other substances other

10 than phosphorus.

11 (Source: P.A. 96-1005, eff. 7-6-10; revised 7-30-24.)

12  Section 970. The Illinois Low-Level Radioactive Waste

13 Management Act is amended by changing Section 3 as follows:

14  (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)

15  Sec. 3. Definitions. As used in this Act:

16  "Agency" or "IEMA-OHS" means the Illinois Emergency

17 Management Agency and Office of Homeland Security, or its

18 successor agency.

19  "Broker" means any person who takes possession of

20 low-level waste for purposes of consolidation and shipment.

21  "Compact" means the Central Midwest Interstate Low-Level

22 Radioactive Waste Compact.

23  "Decommissioning" means the measures taken at the end of a

24 facility's operating life to assure the continued protection
    SB2394 Enrolled     - 2549 - LRB104 09208 AMC 19265 b

1 of the public from any residual radioactivity or other

2 potential hazards present at a facility.

3   "Director" means the Director of the Agency.

4   "Disposal" means the isolation of waste from the biosphere

5 in a permanent facility designed for that purpose.

6   "Facility" means a parcel of land or site, together with

7 structures, equipment and improvements on or appurtenant to

8 the land or site, which is used or is being developed for the

9 treatment, storage or disposal of low-level radioactive waste.

10 "Facility" does not include lands, sites, structures, or

11 equipment used by a generator in the generation of low-level

12 radioactive wastes.

13  "Generator" means any person who produces or possesses

14 low-level radioactive waste in the course of or incident to

15 manufacturing, power generation, processing, medical diagnosis

16 and treatment, research, education, or other activity.

17  "Hazardous waste" means a waste, or combination of wastes,

18 which because of its quantity, concentration, or physical,

19 chemical, or infectious characteristics may cause or

20 significantly contribute to an increase in mortality or an

21 increase in serious, irreversible, or incapacitating

22 reversible, illness; or pose a substantial present or

23 potential hazard to human health or the environment when

24 improperly treated, stored, transported, or disposed of, or

25 otherwise managed, and which has been identified, by

26 characteristics or listing, as hazardous under Section 3001 of
    SB2394 Enrolled       - 2550 - LRB104 09208 AMC 19265 b

1 the Resource Conservation and Recovery Act of 1976, P.L.

2 94-580 or under regulations of the Pollution Control Board.

3   "High-level radioactive waste" means:

4   (1) the highly radioactive material resulting from the

5   reprocessing of spent nuclear fuel including liquid waste

6   produced directly in reprocessing and any solid material

7   derived from the liquid waste that contains fission

8   products in sufficient concentrations; and

9   (2) the highly radioactive material that the Nuclear

10  Regulatory Commission has determined, on July 21, 1988

11  (the effective date of Public Act 85-1133) this Amendatory

12  Act of 1988, to be high-level radioactive waste requiring

13  permanent isolation.

14  "Low-level radioactive waste" or "waste" means radioactive

15 waste not classified as (1) high-level radioactive waste, (2)

16 transuranic waste, (3) spent nuclear fuel, or (4) byproduct

17 material as defined in Sections 11e(2), 11e(3), and 11e(4) of

18 the Atomic Energy Act of 1954 (42 U.S.C. 2014). This

19 definition shall apply notwithstanding any declaration by the

20 federal government, a state, or any regulatory agency that any

21 radioactive material is exempt from any regulatory control.

22  "Mixed waste" means waste that is both "hazardous waste"

23 and "low-level radioactive waste" as defined in this Act.

24  "Nuclear facilities" means nuclear power plants,

25 facilities housing nuclear test and research reactors,

26 facilities for the chemical conversion of uranium, and
    SB2394 Enrolled   - 2551 - LRB104 09208 AMC 19265 b

1 facilities for the storage of spent nuclear fuel or high-level

2 radioactive waste.

3   "Nuclear power plant" or "nuclear steam-generating

4 facility" means a thermal power plant in which the energy

5 (heat) released by the fissioning of nuclear fuel is used to

6 boil water to produce steam.

7   "Nuclear power reactor" means an apparatus, other than an

8 atomic weapon, designed or used to sustain nuclear fission in

9 a self-supporting chain reaction.

10  "Person" means an individual, corporation, business

11 enterprise, or other legal entity either public or private and

12 any legal successor, representative, agent, or agency of that

13 individual, corporation, business enterprise, or legal entity.

14  "Post-closure care" means the continued monitoring of the

15 regional disposal facility after closure for the purposes of

16 detecting a need for maintenance, ensuring environmental

17 safety, and determining compliance with applicable licensure

18 and regulatory requirements, and includes undertaking any

19 remedial actions necessary to protect public health and the

20 environment from radioactive releases from the facility.

21  "Regional disposal facility" or "disposal facility" means

22 the facility established by the State of Illinois under this

23 Act for disposal away from the point of generation of waste

24 generated in the region of the Compact.

25  "Release" means any spilling, leaking, pumping, pouring,

26 emitting, emptying, discharging, injecting, escaping,
    SB2394 Enrolled             - 2552 - LRB104 09208 AMC 19265 b

1 leaching, dumping, or disposing into the environment of

2 low-level radioactive waste.

3   "Remedial action" means those actions taken in the event

4 of a release or threatened release of low-level radioactive

5 waste into the environment, to prevent or minimize the release

6 of the waste so that it does not migrate to cause substantial

7 danger to present or future public health or welfare or the

8 environment. The term includes, but is not limited to, actions

9 at the location of the release such as storage, confinement,

10 perimeter protection using dikes, trenches or ditches, clay

11 cover, neutralization, cleanup of released low-level

12 radioactive wastes, recycling or reuse, dredging or

13 excavations, repair or replacement of leaking containers,

14 collection of leachate and runoff, onsite treatment or

15 incineration, provision of alternative water supplies, and any

16 monitoring reasonably required to assure that these actions

17 protect human health and the environment.

18  "Scientific Surveys" means, collectively, the Illinois

19 State Geological Survey and the Illinois State Water Survey of

20 the University of Illinois.

21  "Shallow land burial" means a land disposal facility in

22 which radioactive waste is disposed of in or within the upper

23 30 meters of the earth's surface. However, this definition

24 shall not include an enclosed, engineered, structurally

25 re-enforced and solidified bunker that extends below the

26 earth's surface.
    SB2394 Enrolled   - 2553 - LRB104 09208 AMC 19265 b

1   "Small modular reactor" or "SMR" means an advanced nuclear

2 reactor: (1) with a rated nameplate capacity of 300 electrical

3 megawatts or less; and (2) that may be constructed and

4 operated in combination with similar reactors at a single

5 site.

6   "Storage" means the temporary holding of waste for

7 treatment or disposal for a period determined by Agency

8 regulations.

9   "Treatment" means any method, technique, or process,

10 including storage for radioactive decay, designed to change

11 the physical, chemical, or biological characteristics or

12 composition of any waste in order to render the waste safer for

13 transport, storage, or disposal, amenable to recovery,

14 convertible to another usable material, or reduced in volume.

15  "Waste management" means the storage, transportation,

16 treatment, or disposal of waste.

17 (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;

18 revised 7-30-24.)

19  Section 975. The Radioactive Waste Tracking and Permitting

20 Act is amended by changing Section 10 as follows:

21  (420 ILCS 37/10)

22  Sec. 10. Definitions. As used in this Act:

23  (a) "Agency" or "IEMA-OHS" means the Illinois Emergency

24 Management Agency and Office of Homeland Security, or its
    SB2394 Enrolled    - 2554 - LRB104 09208 AMC 19265 b

1 successor agency.

2   (b) "Director" means the Director of the Agency.

3   (c) "Disposal" means the isolation of waste from the

4 biosphere in a permanent facility designed for that purpose.

5   (d) "Facility" means a parcel of land or a site, together

6 with structures, equipment, and improvements on or appurtenant

7 to the land or site, that is used or is being developed for the

8 treatment, storage, or disposal of low-level radioactive

9 waste.

10  (e) "Low-level radioactive waste" or "waste" means

11 radioactive waste not classified as (1) high-level radioactive

12 waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)

13 byproduct material as defined in Sections 11e(2), 11e(3), and

14 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This

15 definition shall apply notwithstanding any declaration by the

16 federal government, a state, or any regulatory agency that any

17 radioactive material is exempt from any regulatory control.

18  (e-5) "Nuclear facilities" means nuclear power plants,

19 facilities housing nuclear test and research reactors,

20 facilities for the chemical conversion of uranium, and

21 facilities for the storage of spent nuclear fuel or high-level

22 radioactive waste.

23  (e-10) "Nuclear power plant" or "nuclear steam-generating

24 facility" means a thermal power plant in which the energy

25 (heat) released by the fissioning of nuclear fuel is used to

26 boil water to produce steam.
    SB2394 Enrolled  - 2555 - LRB104 09208 AMC 19265 b

1   (e-15) "Nuclear power reactor" means an apparatus, other

2 than an atomic weapon, designed or used to sustain nuclear

3 fission in a self-supporting chain reaction.

4   (e-20) "Small modular reactor" or "SMR" means an advanced

5 nuclear reactor: (1) with a rated nameplate capacity of 300

6 electrical megawatts or less; and (2) that may be constructed

7 and operated in combination with similar reactors at a single

8 site.

9   (f) "Person" means an individual, corporation, business

10 enterprise, or other legal entity, public or private, or any

11 legal successor, representative, agent, or agency of that

12 individual, corporation, business enterprise, or legal entity.

13  (g) "Regional facility" or "disposal facility" means a

14 facility that is located in Illinois and established by

15 Illinois, under designation of Illinois as a host state by the

16 Commission for disposal of waste.

17  (h) "Storage" means the temporary holding of waste for

18 treatment or disposal for a period determined by Agency

19 regulations.

20  (i) "Treatment" means any method, technique, or process,

21 including storage for radioactive decay, that is designed to

22 change the physical, chemical, or biological characteristics

23 or composition of any waste in order to render the waste safer

24 for transport, storage, or disposal, amenable to recovery,

25 convertible to another usable material, or reduced in volume.

26 (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;
         SB2394 Enrolled  - 2556 - LRB104 09208 AMC 19265 b
1 revised 7-31-24.)

2   Section 980. The Radiation Protection Act of 1990 is

3 amended by changing Section 14 as follows:

4   (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)

5   (Section scheduled to be repealed on January 1, 2027)

6   Sec. 14. Radiation Protection Advisory Council. There

7 shall be created a Radiation Protection Advisory Council

8 consisting of 7 members to be appointed by the Governor on the

9 basis of demonstrated interest in and capacity to further the

10 purposes of this Act and who shall broadly reflect the varied

11 interests in and aspects of atomic energy and ionizing

12 radiation within the State. The Director of the Department of

13 Labor and the Chairman of the Commerce Commission or their

14 representatives shall be ex-officio members of the Council.

15  Each member of the Council shall be appointed for a 4 year

16 term and shall continue to serve until a successor is

17 appointed. Any member appointed to fill a vacancy occurring

18 prior to the expiration of the term for which his or her

19 predecessor was appointed shall continue to serve until a

20 successor is appointed. The Chairman of the Council shall be

21 selected by and from the Council membership. The Council

22 members shall serve without compensation but shall be

23 reimbursed for their actual expenses incurred in line of duty.

24 The Council shall meet as often as the Chairman deems
    SB2394 Enrolled       - 2557 - LRB104 09208 AMC 19265 b

1 necessary, but upon request of 4 or more members it shall be

2 the duty of the Chairman to call a meeting of the Council.

3   It shall be the duty of the Council to assist in the

4 formulation of and to review the policies and program of the

5 Agency as developed under authority of this Act and to make

6 recommendations thereon and to provide the Agency with such

7 technical advice and assistance as may be requested. The

8 Council may employ such professional, technical, clerical, and

9 other assistants, without regard to the civil service laws or

10 the "Personnel Code" of this State, as it deems necessary to

11 carry out its duties.

12  Individuals who serve on advisory boards of the Department

13 of Nuclear Safety or its successor agency, the Agency, shall

14 be defended by the Attorney General and indemnified for all

15 actions alleging a violation of any duty arising within the

16 scope of their service on such board. Nothing contained herein

17 shall be deemed to afford defense or indemnification for any

18 willful or wanton violation of law. Such defense and

19 indemnification shall be afforded in accordance with the terms

20 and provisions of the State Employee Indemnification Act.

21 (Source: P.A. 103-569, eff. 6-1-24; revised 10-23-24.)

22  Section 985. The Space Heating Safety Act is amended by

23 changing Section 3 as follows:

24  (425 ILCS 65/3) (from Ch. 127 1/2, par. 703)
    SB2394 Enrolled  - 2558 - LRB104 09208 AMC 19265 b

1   Sec. 3. Definitions. As used in this Act, the following

2 terms shall have the following meanings:

3   (a) "Integral Reservoir" means the container for the

4 supply of fuel held within the heating unit.

5   (b) "Self-supporting heater" means any heater with an

6 integral reservoir for fuel.

7   (c) "Portable Kerosene Fueled Heater" means any

8 nonflue-connected, self-contained, self-supporting, kerosene

9 fueled, heating appliance equipped with an integral reservoir,

10 designed to be carried from one location to another, but

11 excluding any heater designed to be used solely in buildings

12 under construction, or for agricultural purposes.

13  (d) "Nationally Recognized Testing Laboratory" means any

14 of the following testing or inspection agencies: Underwriters

15 Laboratories, Inc., Canadian Standards Association, Factory

16 Mutual System, and Applied Research Laboratories of Florida,

17 Inc.

18  (e) "Listed heater" means any portable oil fueled heater

19 which has been evaluated with respect to reasonably

20 foreseeable hazards to life and property by a nationally

21 recognized testing laboratory, and which is certified to

22 comply with minimum standards of design and performance

23 required by Underwriter's Laboratory Subject 647 (1984), and

24 which has been authorized by the Office of the State Fire

25 Marshal as being reasonably safe for its specific purpose and

26 shown in a list published by such agency and bears the mark of
    SB2394 Enrolled           - 2559 - LRB104 09208 AMC 19265 b

1 such agency as an indication that it has been so authorized.

2 Any evaluation shall include, but not be limited to,

3 evaluation of the design and labeling requirements hereinafter

4 set forth in Section 4 of this Act and shall further include

5 certain quality control procedures that must be implemented in

6 the manufacturing process.

7   (f) "Approved heater" means any listed heater is an

8 approved heater.

9   (g) "Structure" means any building.

10  (h) "Multifamily Dwelling" means a dwelling which is

11 either rented, leased, let or hired out to be occupied, or is

12 occupied as the residence or home of 3 or more families or

13 persons living independently of each other.

14  (i) "Residential Use" means any use in a single family

15 dwelling, apartment house, or multiple family dwelling.

16  (j) "Owner" means the owner of the freehold of any real

17 property or of a lesser estate therein, a mortgagee or vendee

18 in possession, assignee of rents, receiver, executor, trustee,

19 lessee, agent, or any other person, firm, or corporation

20 directly or indirectly in control of real property.

21 (Source: P.A. 84-834; revised 8-7-24.)

22  Section 990. The Gasoline Storage Act is amended by

23 changing Sections 4 and 6 as follows:

24  (430 ILCS 15/4) (from Ch. 127 1/2, par. 156)
    SB2394 Enrolled  - 2560 - LRB104 09208 AMC 19265 b

1   Sec. 4. Underground Storage Tank Program; administration.

2   (a) In cooperation with the Illinois Environmental

3 Protection Agency, the Office of the State Fire Marshal shall

4 administer the Illinois Underground Storage Tank Program in

5 accordance with this Section and Section 22.12 of the

6 Environmental Protection Act.

7   (b) (1)(A) The owner of an underground storage tank that

8 was not taken out of operation before January 2, 1974, and that

9 at any time between January 1, 1974, and September 24, 1987,

10 contained petroleum or petroleum products or hazardous

11 substances, with the exception of hazardous wastes, shall

12 register the tank with the Office of the State Fire Marshal. No

13 underground storage tank taken out of operation before January

14 2, 1974, may be registered under this Act. No underground

15 storage tank otherwise required to be registered under this

16 subparagraph (A) may be registered under this Act if that tank

17 was removed before September 24, 1987.

18  (B) The owner of a heating oil underground storage tank

19 having a capacity of greater than 1,100 1100 gallons that was

20 not taken out of operation before January 2, 1974, and that at

21 any time between January 1, 1974, and July 11, 1990, contained

22 heating oil shall register the tank with the Office of the

23 State Fire Marshal. No heating oil underground storage tank

24 taken out of operation before January 2, 1974, may be

25 registered under this Act. No heating oil underground storage

26 tank otherwise required to be registered under this
    SB2394 Enrolled  - 2561 - LRB104 09208 AMC 19265 b

1 subparagraph (B) may be registered under this Act if that tank

2 was removed before July 11, 1990.

3   (C) The owner of a heating oil underground storage tank

4 having a capacity of 1,100 gallons or less that was not taken

5 out of operation before January 2, 1974, and that any time

6 between January 1, 1974, and September 6, 1991, contained

7 heating oil shall register the tank with the Office of the

8 State Fire Marshal. No heating oil underground storage tank

9 taken out of operation before January 2, 1974, may be

10 registered under this Act. No heating oil underground storage

11 tank otherwise required to be registered under this

12 subparagraph (C) may be registered under this Act if that tank

13 was removed before September 6, 1991.

14  (D) "Operation", as used in this subsection (b), means

15 that the tank must have had input or output of petroleum,

16 petroleum products, or hazardous substances, with the

17 exception of hazardous wastes, during the regular course of

18 its usage. "Operation" does not include (i) compliance with

19 leak detection requirements as prescribed by rules and

20 regulations of the Office of the State Fire Marshal or (ii) the

21 mere containment or storage of petroleum, petroleum products,

22 or hazardous substances, with the exception of hazardous

23 wastes.

24  (2) The owner of an underground storage tank who

25 registered the tank with the Office of the State Fire Marshal

26 under Section 4 of the State Fire Marshal Act prior to
    SB2394 Enrolled            - 2562 - LRB104 09208 AMC 19265 b

1 September 24, 1987 shall be deemed to have registered the tank

2 under paragraph (1).

3   (3)(A) Each person required to register an underground

4 storage tank, other than a heating oil underground storage

5 tank, under paragraph (1) shall pay the Office of the State

6 Fire Marshal a registration fee of $500 for each tank

7 registered, to be deposited in the Underground Storage Tank

8 Fund.

9   (B) Each person required to register a heating oil

10 underground storage tank shall pay to the Office of the State

11 Fire Marshal a registration fee of $100 for each tank

12 registered before July 2, 1992, and $500 for each tank

13 registered after July 1, 1992, to be deposited into the

14 Underground Storage Tank Fund.

15  (C) No registration fee shall be due under this paragraph

16 (3) for underground storage tanks deemed registered pursuant

17 to paragraph (2).

18  (4) The Office of the State Fire Marshal shall establish

19 procedures relating to the collection of the fees authorized

20 by this subsection. Such procedures shall include, but need

21 not be limited to, the time and manner of payment to the Office

22 of the State Fire Marshal.

23  (5) The State Fire Marshal is authorized to enter into

24 such contracts and agreements as may be necessary, and as

25 expeditiously as necessary, to carry out the Office of the

26 State Fire Marshal's duties under this subsection.
    SB2394 Enrolled     - 2563 - LRB104 09208 AMC 19265 b

1   (6)(A) The owner of an underground storage tank, other

2 than a heating oil underground storage tank, which is

3 installed or replaced after September 24, 1987, and which

4 contained, contains, or may contain petroleum or petroleum

5 products or hazardous substances, with the exception of

6 hazardous wastes, shall register the tank with the Office of

7 the State Fire Marshal prior to the installation or

8 replacement.

9   (B) The owner of a heating oil underground storage tank

10 installed or replaced after July 11, 1990, and which contained

11 or may contain heating oil shall register the tank with the

12 Office of the State Fire Marshal before the installation or

13 replacement.

14  (7) Any person required to register an underground storage

15 tank under paragraph (1) or paragraph (6) of this subsection

16 shall register the tank on forms provided by the Office of the

17 State Fire Marshal.

18  (c) Except as otherwise provided in subsection (d), a

19 person who is the owner of an underground storage tank

20 containing petroleum, or petroleum products, or hazardous

21 substances, except hazardous waste, registered under

22 subsection (b) shall notify the Office of the State Fire

23 Marshal of any change in the information required under this

24 Section or of the removal of an underground storage tank from

25 service.

26  (d) A person who is the owner of an underground storage
    SB2394 Enrolled       - 2564 - LRB104 09208 AMC 19265 b

1 tank containing petroleum, or petroleum products, or hazardous

2 substances, except hazardous waste, the contents of which are

3 changed routinely, shall indicate all the materials which are

4 stored in the tank on the registration form. A person

5 providing the information described in this subsection is not

6 required to notify the Office of the State Fire Marshal of

7 changes in the contents of the tank unless the material to be

8 stored in the tank differs from the information provided on

9 the registration form.

10  (e) For purposes of this Act:

11  The terms "petroleum" and "underground storage tank" shall

12 have the meanings ascribed to them in Subtitle I of the

13 Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of

14 the Resource Conservation and Recovery Act of 1976 (P.L.

15 94-580), except that "underground storage tank" shall include

16 heating oil underground storage tanks; however, no release

17 detection shall be required of heating oil tanks, in existence

18 as of July 11, 1990, prior to December 22, 1998. The Office of

19 the State Fire Marshal shall have the authority to determine

20 the criteria for classification of an underground storage tank

21 as being either a petroleum underground storage tank or a

22 hazardous substance underground storage tank.

23  When used in connection with, or when otherwise relating

24 to underground storage tanks, the terms "operator", "owner",

25 and "facility" shall have the meanings ascribed to them in

26 Subtitle I of the Hazardous and Solid Waste Amendments of 1984
    SB2394 Enrolled    - 2565 - LRB104 09208 AMC 19265 b

1 (P.L. 98-616) of the Resource Conservation and Recovery Act of

2 1976 (P.L. 94-580).

3   "Bodily injury" means bodily injury, sickness, or disease

4 sustained by a person, including death at any time, resulting

5 from a release of petroleum from an underground storage tank.

6   "Property damage" means physical injury to, destruction

7 of, or contamination of tangible property, including all

8 resulting loss of use of that property; or loss of use of

9 tangible property that is not physically injured, destroyed,

10 or contaminated, but has been evacuated, withdrawn from use,

11 or rendered inaccessible because of an occurrence.

12  "Occurrence" means an accident, including continuous or

13 repeated exposure to conditions, which results in a release of

14 petroleum into the environment from an underground storage

15 tank.

16  "Heating oil" means petroleum that is No. 1, No. 2, No. 4

17 light, No. 4 heavy, No. 5 light, No. 5 heavy, or No. 6

18 technical grades of fuel oil; or other residual fuel oils

19 including Navy Special Fuel Oil and Bunker C.

20  "Heating oil underground storage tank" means an

21 underground storage tank serving other than farms or

22 residential units that is used exclusively to store heating

23 oil for consumptive use on the premises where stored.

24 (Source: P.A. 87-323; 87-1088; 88-496; revised 7-31-24.)

25  (430 ILCS 15/6) (from Ch. 127 1/2, par. 158)
    SB2394 Enrolled       - 2566 - LRB104 09208 AMC 19265 b

1   Sec. 6. (a) If necessary or appropriate to assure that the

2 public health or safety is not threatened, the Office of the

3 State Fire Marshal shall have authority to:

4   (1)(A) provide notice to the owner or operator, or

5   both, of an underground storage tank whenever there is a

6   release or substantial threat of a release of petroleum or

7   regulated substances from such tank. Such notice shall

8   include the identified emergency action and an opportunity

9   for the owner or operator, or both, to perform the

10  emergency action; or

11  (B) undertake emergency action whenever there is a

12  release or substantial threat of a release of petroleum or

13  regulated substances from an underground storage tank.

14  (2) If notice has been provided under clause (A) of

15  paragraph (1) of this subsection, the Office shall have

16  the authority to require the owner or operator, or both,

17  of an underground storage tank to undertake emergency

18  action whenever there is a release or substantial threat

19  of a release of petroleum or regulated substances from

20  such tank.

21  (3) The emergency action undertaken or required under

22  this Section shall be such as may be necessary or

23  appropriate to assure that the public health or safety is

24  not threatened.

25  (b) In accordance with constitutional limitations, the

26 Office shall have authority to enter at all reasonable times
    SB2394 Enrolled  - 2567 - LRB104 09208 AMC 19265 b

1 upon any private or public property for the purpose of taking

2 emergency action whenever there is a release or substantial

3 threat of a release of petroleum or regulated substances from

4 an underground storage tank.

5   (c) The Office shall require emergency action under

6 paragraph (2) of subsection (a) through issuance of an

7 administrative order Administrative Order. Such an order shall

8 be served by registered or certified mail or in person and may

9 order emergency action. Any person served with such an order

10 may appeal such order by submitting in writing any such appeal

11 to the Office within 10 days of the date of receipt of such

12 order. The Office shall conduct an administrative hearing

13 governed by the The Illinois Administrative Procedure Act and

14 enter an order to sustain, modify, or revoke such order. Any

15 appeal from such order shall be to the circuit court of the

16 county in which the violation took place and shall be governed

17 by the Administrative Review Law.

18  (d) Neither the State, the State Fire Marshal, nor any

19 State employee shall be liable for any damages or injury

20 arising out of or resulting from any action taken under this

21 Section 6.

22 (Source: P.A. 85-1325; revised 8-8-24.)

23  Section 995. The Herptiles-Herps Act is amended by

24 changing Sections 90-10 and 105-65 as follows:
    SB2394 Enrolled      - 2568 - LRB104 09208 AMC 19265 b

1   (510 ILCS 68/90-10)

2   Sec. 90-10. Commercial purposes; offenses.

3   (a) Unless otherwise provided in this Act, any person who

4 for profit or commercial purposes knowingly captures, kills,

5 possesses, offers for sale, sells, offers to barter, barters,

6 offers to purchase, purchases, delivers for shipment, ships,

7 exports, imports, causes to be shipped, exported, or imported,

8 delivers for transportation, transports, or causes to be

9 transported, carries or causes to be carried, or receives for

10 shipment, transportation, carriage, or export any herptile

11 taxa, in whole or in part, protected under this Act and the

12 financial value of that herptile, in whole or in part, is

13 valued:

14          (1) at or in excess of a total of $300 as calculated

15  according to the applicable provisions under paragraphs

16  (1), (2), (3), and (4) of subsection (a) of in Section

17  105-95 of this Act is guilty of a Class 3 felony; or

18          (2) less than the total of $300 as calculated

19  according to the applicable provisions under paragraphs

20  (1), (2), (3), and (4) of subsection (a) of in Section

21  105-95 of this Act is guilty of a Class A misdemeanor. A

22  second or subsequent violation is a Class 4 felony.

23  (b) The possession of any herptile, in whole or in part,

24 captured or killed in violation of this Act that is valued at

25 or in excess of $600 under the provisions of in subsection (b)

26 of Section 105-95 of this Act shall be considered prima facie
    SB2394 Enrolled          - 2569 - LRB104 09208 AMC 19265 b

1 evidence of possession for profit or commercial purposes.
2 (Source: P.A. 102-315, eff. 1-1-22; revised 8-9-24.)

3   (510 ILCS 68/105-65)

4   Sec. 105-65. Accessory to violation; accountability.

5   (a) Any person who aids in or contributes in any way to a

6 violation of this Act, including administrative rules, is

7 individually liable, as a separate offense under this Act, for

8 the penalties imposed against the person who committed the

9 violation.

10  (b) Accountability for any person who aids or contributes

11 in any way to a misdemeanor or felony violation of this Act

12 shall be determined according to the provisions of under

13 Section 5-2 of the Criminal Code of 2012.

14 (Source: P.A. 102-315, eff. 1-1-22; revised 8-9-24.)

15  Section 1000. The Wildlife Code is amended by changing

16 Section 2.26 as follows:

17  (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

18  Sec. 2.26. Deer hunting permits. Any person attempting to

19 take deer shall first obtain a "Deer Hunting Permit" issued by

20 the Department in accordance with its administrative rules.

21 Those rules must provide for the issuance of the following

22 types of resident deer archery permits: (i) a combination

23 permit, consisting of one either-sex permit and one
    SB2394 Enrolled    - 2570 - LRB104 09208 AMC 19265 b

1 antlerless-only permit, (ii) a single antlerless-only permit,

2 and (iii) a single either-sex permit. The fee for a Deer

3 Hunting Permit to take deer with either bow and arrow or gun

4 shall not exceed $25 for residents of the State. The

5 Department may by administrative rule provide for non-resident

6 deer hunting permits for which the fee will not exceed $300 in

7 2005, $350 in 2006, and $400 in 2007 and thereafter except as

8 provided below for non-resident landowners and non-resident

9 archery hunters. The Department may by administrative rule

10 provide for a non-resident archery deer permit consisting of

11 not more than 2 harvest tags at a total cost not to exceed $325

12 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

13 fees for a youth resident and non-resident archery deer permit

14 shall be the same.

15  The Department shall create a pilot program during the

16 special 3-day, youth-only deer hunting season to allow for

17 youth deer hunting permits that are valid statewide, excluding

18 those counties or portions of counties closed to firearm deer

19 hunting. The Department shall adopt rules to implement the

20 pilot program. Nothing in this paragraph shall be construed to

21 prohibit the Department from issuing Special Hunt Area Permits

22 for the youth-only deer hunting season or establishing,

23 through administrative rule, additional requirements

24 pertaining to the youth-only deer hunting season on

25 Department-owned or Department-managed sites, including

26 site-specific quotas or drawings. The provisions of this
    SB2394 Enrolled     - 2571 - LRB104 09208 AMC 19265 b

1 paragraph are inoperative on and after January 1, 2023.

2   The standards and specifications for use of guns and bow

3 and arrow for deer hunting shall be established by

4 administrative rule.

5   No person may have in his or her possession any firearm not

6 authorized by administrative rule for a specific hunting

7 season when taking deer unless in accordance with the Firearm

8 Concealed Carry Act.

9   Persons having a firearm deer hunting permit shall be

10 permitted to take deer only during the period from 1/2 hour

11 before sunrise to 1/2 hour after sunset, and only during those

12 days for which an open season is established for the taking of

13 deer by use of shotgun, handgun, rifle, or muzzle loading

14 rifle.

15  Persons having an archery deer hunting permit shall be

16 permitted to take deer only during the period from 1/2 hour

17 before sunrise to 1/2 hour after sunset, and only during those

18 days for which an open season is established for the taking of

19 deer by use of bow and arrow.

20  It shall be unlawful for any person to take deer by use of

21 dogs, horses, automobiles, aircraft, or other vehicles, or by

22 the use or aid of bait or baiting of any kind. For the purposes

23 of this Section, "bait" means any material, whether liquid or

24 solid, including food, salt, minerals, and other products,

25 except pure water, that can be ingested, placed, or scattered

26 in such a manner as to attract or lure white-tailed deer.
    SB2394 Enrolled         - 2572 - LRB104 09208 AMC 19265 b

1 "Baiting" means the placement or scattering of bait to attract

2 deer. An area is considered as baited during the presence of

3 and for 10 consecutive days following the removal of bait.

4 Nothing in this Section shall prohibit the use of a dog to

5 track wounded deer. Any person using a dog for tracking

6 wounded deer must maintain physical control of the dog at all

7 times by means of a maximum 50-foot 50 foot lead attached to

8 the dog's collar or harness. Tracking wounded deer is

9 permissible at night, but at no time outside of legal deer

10 hunting hours or seasons shall any person handling or

11 accompanying a dog being used for tracking wounded deer be in

12 possession of any firearm or archery device. Persons tracking

13 wounded deer with a dog during the firearm deer seasons shall

14 wear blaze orange or solid blaze pink color as required. Dog

15 handlers tracking wounded deer with a dog are exempt from

16 hunting license and deer permit requirements so long as they

17 are accompanied by the licensed deer hunter who wounded the

18 deer.

19  It shall be unlawful to possess or transport any wild deer

20 which has been injured or killed in any manner upon a public

21 highway or public right-of-way of this State unless exempted

22 by administrative rule.

23  Persons hunting deer must have the gun unloaded and no bow

24 and arrow device shall be carried with the arrow in the nocked

25 position during hours when deer hunting is unlawful.

26  It shall be unlawful for any person, having taken the
    SB2394 Enrolled           - 2573 - LRB104 09208 AMC 19265 b

1 legal limit of deer by gun, to further participate with a gun

2 in any deer hunting party.

3   It shall be unlawful for any person, having taken the

4 legal limit of deer by bow and arrow, to further participate

5 with bow and arrow in any deer hunting party.

6   The Department may prohibit upland game hunting during the

7 gun deer season by administrative rule.

8   The Department shall not limit the number of non-resident,

9 either-sex archery deer hunting permits to less than 20,000.

10  Any person who violates any of the provisions of this

11 Section, including administrative rules, shall be guilty of a

12 Class B misdemeanor.

13  For the purposes of calculating acreage under this

14 Section, the Department shall, after determining the total

15 acreage of the applicable tract or tracts of land, round

16 remaining fractional portions of an acre greater than or equal

17 to half of an acre up to the next whole acre.

18  For the purposes of taking white-tailed deer, nothing in

19 this Section shall be construed to prevent the manipulation,

20 including mowing or cutting, of standing crops as a normal

21 agricultural or soil stabilization practice, food plots, or

22 normal agricultural practices, including planting, harvesting,

23 and maintenance such as cultivating or the use of products

24 designed for scent only and not capable of ingestion, solid or

25 liquid, placed or scattered, in such a manner as to attract or

26 lure deer. Such manipulation for the purpose of taking
    SB2394 Enrolled  - 2574 - LRB104 09208 AMC 19265 b

1 white-tailed deer may be further modified by administrative
2 rule.
3 (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
4 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)

5   Section 1005. The Illinois Endangered Species Protection

6 Act is amended by changing Section 11 as follows:

7   (520 ILCS 10/11) (from Ch. 8, par. 341)

8   Sec. 11. Conservation program; public policy; rules.

9   (a) The Department, with the advice of the Board, shall

10 actively plan and implement a program for the conservation of

11 endangered and threatened species, by means which should

12 include published data search, research, management,

13 cooperative agreements with other agencies, identification,

14 protection and acquisition of essential habitat, support of

15 beneficial legislation, issuance of grants from appropriated

16 funds, and education of the public.

17  (b) It is the public policy of all agencies of State and

18 local governments to utilize their authorities in furtherance

19 of the purposes of this Act by evaluating through a

20 consultation process with the Department whether actions

21 authorized, funded, or carried out by them are likely to

22 jeopardize the continued existence of Illinois listed

23 endangered and threatened species or are likely to result in

24 the destruction or adverse modification of the designated
    SB2394 Enrolled         - 2575 - LRB104 09208 AMC 19265 b

1 essential habitat of such species, which policy shall be

2 enforceable only by writ of mandamus; and where a State or

3 local agency does so consult in furtherance of this public

4 policy, such State or local agency shall be deemed to have

5 complied with its obligations under the "Illinois Endangered

6 Species Protection Act", provided the agency action shall not

7 result in the killing or injuring of any Illinois listed

8 animal species, or provided that authorization for taking a

9 listed species has been issued under Section 4, 5, or 5.5 of

10 this Act. This paragraph (b) shall not apply to any project of

11 a State agency on which a biological opinion has been issued

12 (in accordance with Section 7 of the federal Federal

13 Endangered Species Act of 1973) prior to the effective date of

14 this amendatory Act of 1985 stating that the action proposed

15 by said project will not jeopardize the continued existence of

16 any federal listed endangered or threatened species.

17  (c) The Department shall have the authority to adopt such

18 rules as are reasonable and necessary to implement the

19 provisions of this Act.

20 (Source: P.A. 91-556, eff. 1-1-00; revised 10-23-24.)

21  Section 1010. The Youth and Young Adult Conservation

22 Education Act is amended by changing Section 25 as follows:

23  (525 ILCS 60/25)

24  (Section scheduled to be repealed on June 30, 2029)
    SB2394 Enrolled  - 2576 - LRB104 09208 AMC 19265 b

1   Sec. 25. Youth and Young Adult Conservation and Education

2 Pilot Program.

3   (a) Subject to appropriation, the Department shall

4 administer the Program. The Program may consist of any of the

5 following:

6          (1) allocation of grants to units of local government

7   or non-profit entities to provide conservation education

8   and employment opportunities for youth and young adults of

9   this State;

10         (2) development and implementation of conservation

11  education or job training programs; and

12         (3) internship opportunities with the Department for

13  youth and young adults of this State.

14  (b) The Program's education and employment opportunities

15 shall be limited to citizens of this State who at the time of

16 enrollment in the Program are 15 through 25 years of age.

17 Grants under this Act are limited to units of local government

18 and non-profit entities that are located in the State of

19 Illinois and that provide conservation education and

20 employment opportunities for youth and young adults of this

21 State.

22  (c) The Department shall designate suitable grant

23 opportunities, projects, internships, and educational

24 curriculum for the purposes of this Act.

25  Grants, projects, internships, and curriculum so

26 designated by the Department shall be for the purpose of: (1)
    SB2394 Enrolled  - 2577 - LRB104 09208 AMC 19265 b

1 development, enhancement, and maintenance of the natural

2 resources of the State of Illinois, and offering related

3 educational opportunities; (2) environmental stewardship and

4 civic responsibility; (3) enhancement of public lands owned or

5 leased by the Department or developing and enhancing projects

6 or initiatives undertaken in whole or part by the Department;

7 or (4) any combination of the purposes described in items (1)

8 through (3). Such projects, internships, and curriculum shall

9 include improving the habitat of fauna and flora; improving

10 utilization of conservation or recreation facilities and lands

11 by the public; improving water quality; and any other project

12 deemed by the Department to improve the environmental,

13 economic, and recreational quality of the State's natural

14 resources.

15  All projects and internships designated by the Department

16 shall be within a reasonable commuting time for each

17 participant. In no circumstance shall interns be required to

18 spend more than 1 1/2 hours of commuting time to a project or a

19 designated area, but an intern may agree to spend more than 1

20 1/2 hours of commuting time to a project or a designated area.

21  (c-5) (c) Interns shall receive at least the standard

22 minimum wage as set by the State of Illinois, when applicable,

23 and shall work normal working hours as determined by the

24 Department. The interns shall not be classified as employees

25 of the State for purposes of contributions to the State

26 Employees' Retirement System of Illinois or any other public
    SB2394 Enrolled          - 2578 - LRB104 09208 AMC 19265 b

1 employment retirement system of the State.

2   (d) The Department may enter into contracts,

3 intergovernmental agreements, grants, cooperative agreements,

4 memoranda of understanding, or other instruments as necessary

5 to implement the Program.

6   (e) The Department shall adopt administrative rules

7 pertaining to implementation, standards, criteria, and

8 administration of the Program.

9 (Source: P.A. 103-788, eff. 1-1-25; revised 10-21-24.)

10  Section 1015. The Illinois Highway Code is amended by

11 changing Sections 5-101.11, 6-513, 6-901, 6-907, and 10-303 as

12 follows:

13  (605 ILCS 5/5-101.11) (from Ch. 121, par. 5-101.11)

14  Sec. 5-101.11. Whenever it considers such purchase or

15 lease advisable, to purchase or lease highway construction and

16 maintenance equipment under contracts providing for payment in

17 installments over a period of time of not more than 10 years

18 with interest on the unpaid balance owing not to exceed the

19 amount permitted pursuant to the Bond Authorization Act "An

20 Act to authorize public corporations to issue bonds, other

21 evidences of indebtedness and tax anticipation warrants

22 subject to interest rate limitations set forth therein",

23 approved May 26, 1970, as amended.

24 (Source: P.A. 85-293; revised 8-13-24.)
   SB2394 Enrolled  - 2579 - LRB104 09208 AMC 19265 b

1  (605 ILCS 5/6-513) (from Ch. 121, par. 6-513)

2  Sec. 6-513. The county board, in any county having the

3 commission form of government in which a county unit road

4 district is established, may issue bonds of the county in an

5 amount not exceeding 2.875% of the value, as equalized and

6 assessed by the Department of Revenue, of the property in such

7 county or, until January 1, 1983, if greater, the sum that is

8 produced by multiplying the county's 1978 equalized assessed

9 valuation by the debt limitation percentage in effect on

10 January 1, 1979, for the purpose of constructing county unit

11 district roads. However, the question of issuing such county

12 bonds shall first be submitted to the legal voters of such

13 county at an election. The county board shall adopt a

14 resolution to submit the question of issuing such bonds to a

15 vote, specifying therein the particular roads or bridges to be

16 constructed, the type of construction to be made on each

17 section of such roads or on such bridges, and the proposed

18 widths of the roadway, together with an estimate of the cost of

19 such construction. The county board shall certify the

20 resolution to the proper election officials, who shall submit

21 at an election such proposition in accordance with the general

22 election law. Notice of the referendum shall be given and the

23 referendum shall be held in accordance with the general

24 election law of the State. The proposition shall be in

25 substantially the following form:
   SB2394 Enrolled  - 2580 - LRB104 09208 AMC 19265 b

1  ------------------------------------------------------------

2  Shall county bonds for county  YES

3 unit district roads be issued to the ----------------------

4 amount of $....?                NO

5  ------------------------------------------------------------

6  If a majority of the voters voting on such question vote in

7 favor of the proposition, the county board may at once issue

8 the bonds and take the necessary steps to construct the roads

9 provided for. Such bonds shall be issued to mature within 20

10 years from the date of issue, shall be upon such terms and

11 conditions and shall bear such rate of interest not in excess

12 of the amount permitted pursuant to the Bond Authorization Act

13 "An Act to authorize public corporations to issue bonds, other

14 evidences of indebtedness and tax anticipation warrants

15 subject to interest rate limitations set forth therein",

16 approved May 26, 1970, as amended, as shall be fixed by the

17 county board. Such bonds shall be sold upon competitive bids;

18 and the county board may, if it is of the opinion that the bids

19 are unsatisfactory, reject the same and re-advertise and

20 solicit other bids. At the time or before issuing any such

21 bonds, the county board shall adopt a resolution fixing the

22 details of such bonds and providing for the levy of a direct

23 annual tax to pay the principal and interest on such bonds as

24 the same become due. A register of all bonds so issued shall be

25 kept in the office of the county clerk, and it shall be the

26 duty of the county clerk to annually extend a tax upon all the
    SB2394 Enrolled      - 2581 - LRB104 09208 AMC 19265 b

 1 taxable property of the county sufficient to pay the interest
 2 and principal on such bonds, as the same shall become due. Such
 3 tax shall not be subject to any limitation as to rate or
 4 amount. However, if it has been certified to the county clerk
 5 that funds from other sources have been allocated and set
 6 aside for the purpose of paying the principal or interest, or
 7 both, of such bonds, the county clerk shall, in extending the
 8 tax and fixing the rate of tax under this Section make proper
 9 allowance and reduction in such extension of tax and tax rate
10 to the extent of the funds so certified to be available for the
11 payment of such principal or interest, or both.
12 (Source: P.A. 91-357, eff. 7-29-99; revised 8-13-24.)

13  (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)

14  Sec. 6-901. Annually, the General Assembly shall

15 appropriate to the Department of Transportation from the Road

16 Fund, the General Revenue Fund, or any other State funds, or a

17 combination of those funds, $60,000,000 for apportionment to

18 counties for the use of road districts for the construction of

19 bridges 20 feet or more in length, as provided in Sections

20 6-902 through 6-907.

21  The Department of Transportation shall apportion among the

22 several counties of this State for the use of road districts

23 the amounts appropriated under this Section. The amount

24 apportioned to a county shall be in the proportion which the

25 total mileage of township or district roads in the county
    SB2394 Enrolled  - 2582 - LRB104 09208 AMC 19265 b

1 bears to the total mileage of all township and district roads

2 in the State. Each county shall allocate to the several road

3 districts in the county the funds so apportioned to the

4 county. The allocation to road districts shall be made in the

5 same manner and be subject to the same conditions and

6 qualifications as are provided by Section 8 of the Motor Fuel

7 Tax Law with respect to the allocation to road districts of the

8 amount allotted from the Motor Fuel Tax Fund for apportionment

9 to counties for the use of road districts, but no allocation

10 shall be made to any road district that has not levied taxes

11 for road and bridge purposes in such a manner that is eligible

12 for allotment of Motor Fuel Tax funding pursuant to Section 8

13 of the Motor Fuel Tax Law., "Road district" and "township or

14 district road" have the meanings ascribed to those terms in

15 this Act.

16  Road districts in counties in which a property tax

17 extension limitation is imposed under the Property Tax

18 Extension Limitation Law that are made ineligible for receipt

19 of this appropriation due to the imposition of a property tax

20 extension limitation may become eligible if, at the time the

21 property tax extension limitation was imposed, the road

22 district was levying at the required rate and continues to

23 levy the maximum allowable amount after the imposition of the

24 property tax extension limitation. The road district also

25 becomes eligible if it levies at or above the rate required for

26 eligibility by Section 8 of the Motor Fuel Tax Law.
    SB2394 Enrolled     - 2583 - LRB104 09208 AMC 19265 b

1   The amounts apportioned under this Section for allocation

2 to road districts may be used only for bridge construction as

3 provided in this Division. So much of those amounts as are not

4 obligated under Sections 6-902 through 6-904 and for which

5 local funds have not been committed under Section 6-905 within

6 48 months of the date when such apportionment is made lapses

7 and shall not be paid to the county treasurer for distribution

8 to road districts.

9 (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24;

10 103-853, eff. 8-9-24; revised 10-7-24.)

11  (605 ILCS 5/6-907)

12  Sec. 6-907. Lapsed funds; use. Lapsed funds under Section

13 6-906 shall be used to provide additional monetary assistance

14 to townships and road districts that have insufficient funding

15 for construction of bridges that are 20 feet or more in length

16 under 6-901 of this Code. The Department shall adopt rules

17 rule to implement this Section.

18 (Source: P.A. 103-853, eff. 8-9-24; revised 10-21-24.)

19  (605 ILCS 5/10-303) (from Ch. 121, par. 10-303)

20  Sec. 10-303. For the purpose of acquiring by purchase or

21 otherwise or the constructing of any such bridge, the county

22 board of each such county is authorized to borrow money and in

23 evidence thereof to issue the bonds of such county, and to

24 refund the same from time to time, payable solely from the
SB2394 Enrolled  - 2584 - LRB104 09208 AMC 19265 b

 1 revenues derived from the operation of such bridge. Such bonds
 2 may be issued as serial or term bonds, shall mature in not to
 3 exceed 40 years from the date thereof, and may be made
 4 redeemable, prior to maturity, with or without premium. Such
 5 bonds may be issued in such amounts as may be necessary to
 6 provide sufficient funds to pay the cost of acquiring or
 7 constructing such bridge and the approaches thereto, including
 8 all property real or personal, necessary or incidental in the
 9 acquisition or construction of such bridge and its approaches,
10 including reasonable legal and engineering, traffic survey,
11 and architectural fees, costs of financing, and interest
12 during construction and for not less than 12 months
13 thereafter. Such bonds shall bear interest at a rate not to
14 exceed that permitted in the Bond Authorization Act "An Act to
15 authorize public corporations to issue bonds, other evidences
16 of indebtedness and tax anticipation warrants subject to
17 interest rate limitations set forth therein", approved May 26,
18 1970, as amended, payable semi-annually. Bonds issued under
19 the provisions of this Division of this Article have the
20 qualities and incidents of negotiable instruments under the
21 laws of the State of Illinois, shall be executed in the name of
22 the county by the chairman of the county board and the county
23 clerk of such county, and shall be sealed with the corporate
24 seal of the county, and the interest coupons attached to such
25 bonds shall be executed by the facsimile signatures of such
26 chairman and county clerk, and such officials by the execution
    SB2394 Enrolled  - 2585 - LRB104 09208 AMC 19265 b

1 of such bonds shall adopt as and for their own proper

2 signatures their respective facsimile signatures appearing on

3 such coupons. In case any officer whose signature appears on

4 any such bonds or coupons ceases to be such officer before

5 delivery of such bonds, such signatures shall nevertheless be

6 valid and sufficient for all purposes, the same as if such

7 officer had remained in office until such delivery.

8   Such bonds may be registered as to principal at any time

9 prior to maturity in the name of the holder on the books of the

10 county in the office of the county treasurer, such

11 registration to be noted on the reverse side of the bonds by

12 the county treasurer, and thereafter the principal of such

13 registered bonds shall be payable only to the registered

14 holder, his legal representatives or assigns. Such registered

15 bonds shall be transferable to another registered holder, or

16 back to bearer, only upon presentation to the county treasurer

17 with the legal assignment duly acknowledged or approved.

18 Registration of any such bonds shall not affect negotiability

19 of the coupons thereto attached, but such coupons shall be

20 transferable by delivery merely.

21  All such bonds issued by any such county shall be sold in

22 such manner and at such time as the governing body shall

23 determine. Whenever the governing body of any such county

24 determines to issue bonds as provided for in this Division of

25 this Article, it shall adopt an ordinance describing in a

26 general way the bridge to be acquired or constructed and its
SB2394 Enrolled  - 2586 - LRB104 09208 AMC 19265 b

 1 general location. Such ordinance shall set out the aggregate
 2 amount of the estimated cost of the acquisition or
 3 construction of such bridge, as prepared by the engineers
 4 employed for that purpose, determine the period of usefulness
 5 thereof and fix the amount of revenue bonds to be issued, the
 6 maturity or maturities, redemption privileges, the interest
 7 rate, sinking fund, and all other details in connection with
 8 such bonds, including such reserve accounts as the county
 9 board of such county may deem necessary. Such ordinance may
10 contain such covenants and restrictions upon the issuance of
11 additional revenue bonds thereafter as may be deemed necessary
12 or advisable for the assurance of the payment of the bonds
13 thereby authorized. Revenue bonds issued under the provisions
14 of this Division of this Article shall be payable solely from
15 the revenue derived from such bridge, and such bonds shall
16 not, in any event constitute or be deemed an indebtedness of
17 such county within the meaning of any constitutional
18 provisions or statutory limitation as to debt, and it shall be
19 plainly stated on the face of each bond that it does not
20 constitute an indebtedness within any constitutional or
21 statutory limitation. Such ordinance shall be published within
22 30 days after its passage in a newspaper, published and having
23 a general circulation in such county, and shall not become
24 effective until 10 days after its publication.
25 (Source: P.A. 83-225; revised 8-13-24.)
    SB2394 Enrolled        - 2587 - LRB104 09208 AMC 19265 b

1   Section 1020. The Bikeway Act is amended by changing

2 Section 4.1 as follows:

3   (605 ILCS 30/4.1)

4   Sec. 4.1. Local bicycle transportation plan.

5   (a) In this Section, "bikeway" means all facilities that

6 provide primarily for, and promote, bicycle travel. For

7 purposes of this Section, bikeways shall be categorized as

8 follows:

9   (1) Bike paths or shared use paths, also referred to

10  as Class I bikeways, which provide a completely separated

11  right-of-way designated for the exclusive use of bicycles

12  and pedestrians with crossflows by motorists minimized.

13  (2) Bike lanes, also referred to as Class II bikeways,

14  which provide a restricted right-of-way designated for the

15  exclusive or semi-exclusive use of bicycles with through

16  travel by motor vehicles or pedestrians prohibited, but

17  with vehicle parking and crossflows by pedestrians and

18  motorists permitted.

19  (3) Bike routes, also referred to as Class III

20  bikeways, which provide a right-of-way on-street or

21  off-street, designated by signs or permanent markings and

22  shared with pedestrians and motorists.

23  (4) Cycle tracks or separated bikeways, also referred

24  to as Class IV bikeways, which promote active

25  transportation and provide a right-of-way designated
    SB2394 Enrolled            - 2588 - LRB104 09208 AMC 19265 b

1   exclusively for bicycle travel adjacent to a roadway and

2   which are separated from vehicular traffic. Types of

3   separation include, but are not limited to, grade

4   separation, flexible posts, inflexible physical barriers,

5   or on-street parking.

6   (b) A municipality or county may prepare a bicycle

7 transportation plan, which shall include, but not be limited

8 to, the following elements:

9   (1) The estimated number of existing bicycle commuters

10  in the plan area and the estimated increase in the number

11  of bicycle commuters resulting from implementation of the

12  plan.

13  (2) A map and description of existing and proposed

14  land use and settlement patterns that shall include, but

15  not be limited to, locations of residential neighborhoods,

16  schools, shopping centers, public buildings, and major

17  employment centers.

18  (3) A map and description of existing and proposed

19  bikeways.

20  (4) A map and description of existing and proposed

21  end-of-trip bicycle parking facilities. These shall

22  include, but not be limited to, parking at schools,

23  shopping centers, public buildings, and major employment

24  centers.

25  (5) A map and description of existing and proposed

26  bicycle transport and parking facilities for connections
    SB2394 Enrolled  - 2589 - LRB104 09208 AMC 19265 b

1   with and use of other transportation modes. These shall

2   include, but not be limited to, parking facilities at

3   transit stops, rail and transit terminals, ferry docks and

4   landings, park and ride lots, and provisions for

5   transporting bicyclists and bicycles on transit or rail

6   vehicles or ferry vessels.

7   (6) A map and description of existing and proposed

8   facilities for changing and storing clothes and equipment.

9   These shall include, but not be limited to, locker,

10  restroom, and shower facilities near bicycle parking

11  facilities.

12  (7) A description of bicycle safety and education

13  programs conducted in the area included within the plan,

14  efforts by the law enforcement agency having primary

15  traffic law enforcement responsibility in the area to

16  enforce provisions of the Illinois Vehicle Code pertaining

17  to bicycle operation, and the resulting effect on

18  accidents involving bicyclists.

19  (8) A description of the extent of citizen and

20  community involvement in development of the plan,

21  including, but not limited to, letters of support.

22  (9) A description of how the bicycle transportation

23  plan has been coordinated and is consistent with other

24  local or regional transportation, air quality, or energy

25  conservation plans, including, but not limited to,

26  programs that provide incentives for bicycle commuting.
    SB2394 Enrolled   - 2590 - LRB104 09208 AMC 19265 b

1   (10) A description of the projects proposed in the

2   plan and a listing of their priorities for implementation.

3   (11) A description of past expenditures for bicycle

4   facilities and future financial needs for projects that

5   improve safety and convenience for bicycle commuters in

6   the plan area.

7 (Source: P.A. 103-950, eff. 1-1-25; revised 10-21-24.)

8   Section 1025. The Rivers, Lakes, and Streams Act is

9 amended by changing Section 18k as follows:

10  (615 ILCS 5/18k)

11  Sec. 18k. National Flood Insurance Program State agency

12 requirements.

13  (a) As used in this Section:

14  "Department" means the Department of Natural Resources.

15  "Development" and "developed" mean any man-made change to

16 real estate, including, but not limited to:

17  (1) demolition, construction, reconstruction, repair,

18  placement of a building, or any structural alteration to a

19  building;

20  (2) substantial improvement of an existing building;

21  (3) installation of a manufactured home on a site,

22  preparing a site for a manufactured home, or installing a

23  travel trailer on a site for more than 180 days per year;

24  (4) installation of utilities, construction of roads,
    SB2394 Enrolled         - 2591 - LRB104 09208 AMC 19265 b

1      bridges, culverts, or similar projects;

2      (5) redevelopment of a site, or clearing of land as an

3      adjunct of construction, or construction or erection of

4      levees, dams, walls, or fences;

5      (6) drilling, mining, filling, dredging, grading,

6      excavation, paving, or other alterations of the ground

7      surface;

8      (7) storage of materials, including the placement of

9      gas or liquid storage tanks, and channel modifications or

10     any other activity that might change the direction,

11     height, or velocity of flood or surface waters.

12     "Development" and "developed" do not include resurfacing

13 of pavement when there is no increase in elevation;

14 construction of farm fencing; or gardening, plowing, and

15 similar practices that do not involve filling, grading, or

16 construction of levees.

17     "Special flood hazard area" means an area having special

18 flood, mudflow or flood-related erosion hazards and shown on a

19 Federal Emergency Management Agency Flood Hazard Boundary Map

20 or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99,

21 AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE, or

22 V.

23     "State agencies" means any department, commission, board,

24 or agency under the jurisdiction of the Governor, any board,

25 commission, agency, or authority which has a majority of its

26 members appointed by the Governor, and the Governor's Office.
    SB2394 Enrolled       - 2592 - LRB104 09208 AMC 19265 b

1   (b) The Department shall ensure that State agencies comply

2 with National Flood Insurance Program requirements set forth

3 in this Section.

4   (c) All State agencies shall obtain a special flood hazard

5 area development permit before undertaking development

6 activity on State-owned property that is located in a special

7 flood hazard area. The Department shall adopt an

8 administrative rule setting forth a State special flood hazard

9 area development program to ensure the following via the

10 issuance of permits prior to any State agency development

11 within a special flood hazard area:

12  (1) Review of all proposed new development in a

13  special flood hazard area to ensure compliance with the

14  standards set forth in the administrative rule.

15  (2) Monitoring and inspecting developments currently

16  under construction in a special flood hazard area to

17  ensure compliance with the standards set forth in the

18  administrative rule.

19  (3) Correction, to the extent reasonably practical in

20  the sole determination of the Department, of all previous

21  development in a special flood hazard area found not to be

22  in compliance with the standards set forth in the

23  administrative rule.

24  (4) The standards set forth in the administrative rule

25  shall, at a minimum, be as stringent as the federal

26  regulations adopted by the Federal Emergency Management
    SB2394 Enrolled  - 2593 - LRB104 09208 AMC 19265 b

1   Agency to implement the National Flood Insurance Act (42

2   U.S.C. 4001 et seq.) that are published in 44 CFR 59

3   through 60.

4   (d) State agencies that administer grants or loans for

5 financing a development within a special flood hazard area

6 shall cooperate with the Department to ensure that

7 participants in their programs are informed of the existence

8 and location of special flood hazard areas and of any State or

9 local floodplain requirements that are in effect in such

10 areas.

11  (e) State agencies that are responsible for regulating or

12 permitting a development within a special flood hazard area

13 shall cooperate with the Department to ensure that

14 participants in their programs are informed of the existence

15 and location of special flood hazard areas and of any State or

16 local floodplain requirements that are in effect in such

17 areas.

18  (f) State agencies that are engaged in planning programs

19 or promoting a program for the development shall cooperate

20 with the Department to ensure that participants in their

21 programs are informed of the existence and location of special

22 flood hazard areas and of any State or local floodplain

23 requirements in effect in such areas.

24  (g) The Department shall provide available special flood

25 hazard area information to assist State agencies in complying

26 with the requirements established by this Section. The
    SB2394 Enrolled  - 2594 - LRB104 09208 AMC 19265 b

 1 Department may enter into a memorandum of understanding with a
 2 State agency to outline procedures and processes to review
 3 proposed development activity on State-owned property located
 4 in a special flood hazard area. Such a memorandum of
 5 understanding may allow for alternative approvals for the
 6 issuance of permits. If the Department enters into a
 7 memorandum of understanding with a State agency to allow an
 8 alternative permit process any permits or work completed under
 9 those alternatives is subject to audit and review by the
10 Department.
11 (Source: P.A. 103-905, eff. 1-1-25; revised 10-23-24.)

12  Section 1030. The County Airports Act is amended by

13 changing Sections 60 and 61 as follows:

14  (620 ILCS 50/60) (from Ch. 15 1/2, par. 164)

15  Sec. 60. If a majority of all votes cast upon the question

16 shall be for the issuing of bonds and the levying of an

17 additional tax to pay the interest and principal of such bond,

18 the county board shall issue and sell such amounts of said

19 bonds as the Commission shall determine and certify, from time

20 to time as being necessary to provide the means for

21 accomplishing the purposes for which said bonds were voted.

22 Such bonds shall be issued in conformity to the requirements

23 and provisions of the resolution adopted for the purpose of

24 calling said election, provided however the aggregate amounts
    SB2394 Enrolled  - 2595 - LRB104 09208 AMC 19265 b

 1 of outstanding bonds issued under the provisions of this Act,
 2 shall at no time exceed 1% of the total value of all of the
 3 taxable property of the county as determined by the last
 4 assessment roll on which county general taxes was extended.
 5 The principal of such bonds shall be discharged within twenty
 6 years after the date of said election. Such bonds shall bear
 7 interest, payable semi-annually, at a rate that does not
 8 exceed that permitted in the Bond Authorization Act "An Act to
 9 authorize public corporations to issue bonds, other evidences
10 of indebtedness and tax anticipation warrants subject to
11 interest rate limitations set forth therein", approved May 26,
12 1970, as now or hereafter amended. The proceeds from the sale
13 of each issue of bonds shall be deposited in the county
14 treasury and identified as "County Airports Bond Fund No.
15 ....." Such proceeds shall be used only for the purposes
16 stated in the resolution calling the election authorizing the
17 issuing of said bonds, and as specified in the certificate of
18 the Commission as in this Section section provided.
19 (Source: P.A. 82-902; revised 8-19-24.)

20  (620 ILCS 50/61) (from Ch. 15 1/2, par. 165)

21  Sec. 61. If the resolution adopted by the county board or

22 by petition, provides for the issuance of revenue bonds or

23 other evidence of indebtedness, the retirement of the

24 principal thereof and the interest thereon, to be accomplished

25 from sources other than direct county taxes, the county board
SB2394 Enrolled  - 2596 - LRB104 09208 AMC 19265 b

 1 shall issue and sell such amounts of such bonds or other
 2 evidences of indebtedness as the Commission shall determine
 3 and certify, from time to time as being necessary to provide
 4 the means for accomplishing the purposes for which such bonds
 5 or other evidences of indebtedness are to be issued as set
 6 forth in said resolution. Such bonds or other evidence of
 7 indebtedness shall be issued in conformity to the requirements
 8 and provisions of the said resolution authorizing such
 9 issuance. The principal of such bonds or other evidences of
10 indebtedness shall be discharged within thirty years after the
11 date of the adoption of said resolution. Such bonds or other
12 evidences of indebtedness shall bear interest, payable
13 semi-annually, at a rate not to exceed that permitted in the
14 Bond Authorization Act "An Act to authorize public
15 corporations to issue bonds, other evidences of indebtedness
16 and tax anticipation warrants subject to interest rate
17 limitations set forth therein", approved May 26, 1970, as now
18 or hereafter amended. The proceeds from the sale of each issue
19 of bonds shall be deposited in the county treasury and
20 identified as "County Airports Revenue Bond Fund No. ....."
21 Such proceeds shall be used only for the purposes stated in the
22 said resolution and as specified in the certificate of the
23 Commission as in this Section section provided. All such
24 revenue bonds and other evidences of indebtedness shall not,
25 in any event, constitute or be deemed an indebtedness of the
26 county within the meaning of any constitutional provisions or
    SB2394 Enrolled        - 2597 - LRB104 09208 AMC 19265 b

1 statutory limitations as to debt, and it shall be so stated
2 plainly on the face of each such bond or other evidence of
3 indebtedness.
4 (Source: P.A. 90-655, eff. 7-30-98; revised 8-19-24.)

5   Section 1035. The Illinois Vehicle Code is amended by

6 changing Sections 1-115.01, 3-402, 3-506, 3-699.14, 3-802,

7 3-804, 4-203, 5-102, 6-110, 6-118, 6-209.1, 11-907, and 13-101

8 and by setting forth and renumbering multiple versions of

9 Section 3-699.22 as follows:

10  (625 ILCS 5/1-115.01)

11  Sec. 1-115.01. Detached catalytic converter. "Detached

12 catalytic converter" means a catalytic converter, as defined

13 in Section 1-110.05 of this the Code, that was previously

14 installed on a motor vehicle and subsequently removed.

15 (Source: P.A. 103-677, eff. 1-1-25; revised 10-23-24.)

16  (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)

17  Sec. 3-402. Vehicles subject to registration; exceptions.

18  A. Exemptions and Policy. Every motor vehicle, trailer,

19 semitrailer and pole trailer when driven or moved upon a

20 highway shall be subject to the registration and certificate

21 of title provisions of this Chapter except:

22  (1) Any such vehicle driven or moved upon a highway in

23  conformance with the provisions of this Chapter relating
    SB2394 Enrolled  - 2598 - LRB104 09208 AMC 19265 b

1   to manufacturers, transporters, dealers, lienholders or

2   nonresidents or under a temporary registration permit

3   issued by the Secretary of State;

4   (2) Any implement of husbandry whether of a type

5   otherwise subject to registration hereunder or not which

6   is only incidentally operated or moved upon a highway,

7   which shall include a not-for-hire movement for the

8   purpose of delivering farm commodities to a place of first

9   processing or sale, or to a place of storage;

10  (3) Any special mobile equipment as herein defined;

11  (4) Any vehicle which is propelled exclusively by

12  electric power obtained from overhead trolley wires though

13  not operated upon rails;

14  (5) Any vehicle which is equipped and used exclusively

15  as a pumper, ladder truck, rescue vehicle, searchlight

16  truck, or other fire apparatus, but not a vehicle of a type

17  which would otherwise be subject to registration as a

18  vehicle of the first division;

19  (6) Any vehicle which is owned and operated by the

20  federal government and externally displays evidence of

21  federal ownership. It is the policy of the State of

22  Illinois to promote and encourage the fullest use of its

23  highways and to enhance the flow of commerce thus

24  contributing to the economic, agricultural, industrial and

25  social growth and development of this State, by

26  authorizing the Secretary of State to negotiate and enter
    SB2394 Enrolled         - 2599 - LRB104 09208 AMC 19265 b

1   into reciprocal or proportional agreements or arrangements

2   with other States, or to issue declarations setting forth

3   reciprocal exemptions, benefits and privileges with

4   respect to vehicles operated interstate which are properly

5   registered in this and other States, assuring nevertheless

6   proper registration of vehicles in Illinois as may be

7   required by this Code;

8   (7) Any converter dolly or tow dolly which merely

9   serves as substitute wheels for another legally licensed

10  vehicle. A title may be issued on a voluntary basis to a

11  tow dolly upon receipt of the manufacturer's certificate

12  of origin or the bill of sale;

13  (8) Any house trailer found to be an abandoned mobile

14  home under the Abandoned Mobile Home Act;

15  (9) Any vehicle that is not properly registered or

16  does not have registration plates or digital registration

17  plates issued to the owner or operator affixed thereto, or

18  that does have registration plates or digital registration

19  plates issued to the owner or operator affixed thereto but

20  the plates are not appropriate for the weight of the

21  vehicle, provided that this exemption shall apply only

22  while the vehicle is being transported or operated by a

23  towing service and has a third tow plate affixed to it;

24  (10) Low-speed electric scooters.

25  B. Reciprocity. Any motor vehicle, trailer, semitrailer or

26 pole trailer need not be registered under this Code provided
    SB2394 Enrolled  - 2600 - LRB104 09208 AMC 19265 b

1 the same is operated interstate and in accordance with the

2 following provisions and any rules and regulations promulgated

3 pursuant thereto:

4   (1) A nonresident owner, except as otherwise provided

5   in this Section, owning any foreign registered vehicle of

6   a type otherwise subject to registration hereunder, may

7   operate or permit the operation of such vehicle within

8   this State in interstate commerce without registering such

9   vehicle in, or paying any fees to, this State subject to

10  the condition that such vehicle at all times when operated

11  in this State is operated pursuant to a reciprocity

12  agreement, arrangement or declaration by this State, and

13  further subject to the condition that such vehicle at all

14  times when operated in this State is duly registered in,

15  and displays upon it, a valid registration card and

16  registration plate or plates or digital registration plate

17  or plates issued for such vehicle in the place of

18  residence of such owner and is issued and maintains in

19  such vehicle a valid Illinois reciprocity permit as

20  required by the Secretary of State, and provided like

21  privileges are afforded to residents of this State by the

22  State of residence of such owner.

23  Every nonresident including any foreign corporation

24  carrying on business within this State and owning and

25  regularly operating in such business any motor vehicle,

26  trailer or semitrailer within this State in intrastate
    SB2394 Enrolled   - 2601 - LRB104 09208 AMC 19265 b

1   commerce, shall be required to register each such vehicle

2   and pay the same fees therefor as is required with

3   reference to like vehicles owned by residents of this

4   State.

5   (2) Any motor vehicle, trailer, semitrailer and pole

6   trailer operated interstate need not be registered in this

7   State, provided:

8           (a) that the vehicle is properly registered in

9   another State pursuant to law or to a reciprocity

10  agreement, arrangement or declaration; or

11          (b) that such vehicle is part of a fleet of

12  vehicles owned or operated by the same person who

13  registers such fleet of vehicles pro rata among the

14  various States in which such fleet operates; or

15          (c) that such vehicle is part of a fleet of

16  vehicles, a portion of which are registered with the

17  Secretary of State of Illinois in accordance with an

18  agreement or arrangement concurred in by the Secretary

19  of State of Illinois based on one or more of the

20  following factors: ratio of miles in Illinois as

21  against total miles in all jurisdictions; situs or

22  base of a vehicle, or where it is principally garaged,

23  or from whence it is principally dispatched or where

24  the movements of such vehicle usually originate; situs

25  of the residence of the owner or operator thereof, or

26  of his principal office or offices, or of his places of
    SB2394 Enrolled   - 2602 - LRB104 09208 AMC 19265 b

1   business; the routes traversed and whether regular or

2   irregular routes are traversed, and the jurisdictions

3   traversed and served; and such other factors as may be

4   deemed material by the Secretary and the motor vehicle

5   administrators of the other jurisdictions involved in

6   such apportionment. Such vehicles shall maintain

7   therein any reciprocity permit which may be required

8   by the Secretary of State pursuant to rules and

9   regulations which the Secretary of State may

10  promulgate in the administration of this Code, in the

11  public interest.

12  (3)(a) In order to effectuate the purposes of this

13  Code, the Secretary of State of Illinois is empowered to

14  negotiate and execute written reciprocal agreements or

15  arrangements with the duly authorized representatives of

16  other jurisdictions, including States, districts,

17  territories and possessions of the United States, and

18  foreign states, provinces, or countries, granting to

19  owners or operators of vehicles duly registered or

20  licensed in such other jurisdictions and for which

21  evidence of compliance is supplied, benefits, privileges

22  and exemption from the payment, wholly or partially, of

23  any taxes, fees or other charges imposed with respect to

24  the ownership or operation of such vehicles by the laws of

25  this State except the tax imposed by the Motor Fuel Tax

26  Law, approved March 25, 1929, as amended, and the tax
    SB2394 Enrolled  - 2603 - LRB104 09208 AMC 19265 b

1   imposed by the Use Tax Act, approved July 14, 1955, as

2   amended.

3   The Secretary of State may negotiate agreements or

4   arrangements as are in the best interests of this State

5   and the residents of this State pursuant to the policies

6   expressed in this Section taking into consideration the

7   reciprocal exemptions, benefits and privileges available

8   and accruing to residents of this State and vehicles

9   registered in this State.

10  (b) Such reciprocal agreements or arrangements shall

11  provide that vehicles duly registered or licensed in this

12  State when operated upon the highways of such other

13  jurisdictions, shall receive exemptions, benefits and

14  privileges of a similar kind or to a similar degree as

15  extended to vehicles from such jurisdictions in this

16  State.

17  (c) Such agreements or arrangements may also authorize

18  the apportionment of registration or licensing of fleets

19  of vehicles operated interstate, based on any or all of

20  the following factors: ratio of miles in Illinois as

21  against total miles in all jurisdictions; situs or base of

22  a vehicle, or where it is principally garaged or from

23  whence it is principally dispatched or where the movements

24  of such vehicle usually originate; situs of the residence

25  of the owner or operator thereof, or of his principal

26  office or offices, or of his places of business; the
    SB2394 Enrolled  - 2604 - LRB104 09208 AMC 19265 b

1   routes traversed and whether regular or irregular routes

2   are traversed, and the jurisdictions traversed and served;

3   and such other factors as may be deemed material by the

4   Secretary and the motor vehicle administrators of the

5   other jurisdictions involved in such apportionment, and

6   such vehicles shall likewise be entitled to reciprocal

7   exemptions, benefits and privileges.

8   (d) Such agreements or arrangements shall also provide

9   that vehicles being operated in intrastate commerce in

10  Illinois shall comply with the registration and licensing

11  laws of this State, except that vehicles which are part of

12  an apportioned fleet may conduct an intrastate operation

13  incidental to their interstate operations. Any motor

14  vehicle properly registered and qualified under any

15  reciprocal agreement or arrangement under this Code and

16  not having a situs or base within Illinois may complete

17  the inbound movement of a trailer or semitrailer to an

18  Illinois destination that was brought into Illinois by a

19  motor vehicle also properly registered and qualified under

20  this Code and not having a situs or base within Illinois,

21  or may complete an outbound movement of a trailer or

22  semitrailer to an out-of-state destination that was

23  originated in Illinois by a motor vehicle also properly

24  registered and qualified under this Code and not having a

25  situs or base in Illinois, only if the operator thereof

26  did not break bulk of the cargo laden in such inbound or
    SB2394 Enrolled       - 2605 - LRB104 09208 AMC 19265 b

1   outbound trailer or semitrailer. Adding or unloading

2   intrastate cargo on such inbound or outbound trailer or

3   semitrailer shall be deemed as breaking bulk.

4   (e) Such agreements or arrangements may also provide

5   for the determination of the proper State in which leased

6   vehicles shall be registered based on the factors set out

7   in subsection (c) above and for apportionment of

8   registration of fleets of leased vehicles by the lessee or

9   by the lessor who leases such vehicles to persons who are

10  not fleet operators.

11  (f) Such agreements or arrangements may also include

12  reciprocal exemptions, benefits or privileges accruing

13  under The Illinois Driver Licensing Law or The Driver

14  License Compact.

15  (4) The Secretary of State is further authorized to

16  examine the laws and requirements of other jurisdictions,

17  and, in the absence of a written agreement or arrangement,

18  to issue a written declaration of the extent and nature of

19  the exemptions, benefits and privileges accorded to

20  vehicles of this State by such other jurisdictions, and

21  the extent and nature of reciprocal exemptions, benefits

22  and privileges thereby accorded by this State to the

23  vehicles of such other jurisdictions. A declaration by the

24  Secretary of State may include any, part or all reciprocal

25  exemptions, benefits and privileges or provisions as may

26  be included within an agreement or arrangement.
    SB2394 Enrolled       - 2606 - LRB104 09208 AMC 19265 b

1   (5) All agreements, arrangements, declarations and

2   amendments thereto, shall be in writing and become

3   effective when signed by the Secretary of State, and

4   copies of all such documents shall be available to the

5   public upon request.

6   (6) The Secretary of State is further authorized to

7   require the display by foreign registered trucks,

8   truck-tractors and buses, entitled to reciprocal benefits,

9   exemptions or privileges hereunder, a reciprocity permit

10  for external display before any such reciprocal benefits,

11  exemptions or privileges are granted. The Secretary of

12  State shall provide suitable application forms for such

13  permit and shall promulgate and publish reasonable rules

14  and regulations for the administration and enforcement of

15  the provisions of this Code including a provision for

16  revocation of such permit as to any vehicle operated

17  wilfully in violation of the terms of any reciprocal

18  agreement, arrangement or declaration or in violation of

19  the Illinois Motor Carrier of Property Law, as amended.

20  (7)(a) Upon the suspension, revocation or denial of

21  one or more of all reciprocal benefits, privileges and

22  exemptions existing pursuant to the terms and provisions

23  of this Code or by virtue of a reciprocal agreement or

24  arrangement or declaration thereunder; or, upon the

25  suspension, revocation or denial of a reciprocity permit;

26  or, upon any action or inaction of the Secretary in the
    SB2394 Enrolled          - 2607 - LRB104 09208 AMC 19265 b

1   administration and enforcement of the provisions of this

2   Code, any person, resident or nonresident, so aggrieved,

3   may serve upon the Secretary, a petition in writing and

4   under oath, setting forth the grievance of the petitioner,

5   the grounds and basis for the relief sought, and all

6   necessary facts and particulars, and request an

7   administrative hearing thereon. Within 20 days, the

8   Secretary shall set a hearing date as early as practical.

9   The Secretary may, in his discretion, supply forms for

10  such a petition. The Secretary may require the payment of

11  a fee of not more than $50 for the filing of any petition,

12  motion, or request for hearing conducted pursuant to this

13  Section. These fees must be deposited into the Secretary

14  of State DUI Administration Fund, a special fund that is

15  hereby created in the State treasury, and, subject to

16  appropriation and as directed by the Secretary of State,

17  shall be used to fund the operation of the hearings

18  department of the Office of the Secretary of State and for

19  no other purpose. The Secretary shall establish by rule

20  the amount and the procedures, terms, and conditions

21  relating to these fees.

22  (b) The Secretary may likewise, in his discretion and

23  upon his own petition, order a hearing, when in his best

24  judgment, any person is not entitled to the reciprocal

25  benefits, privileges and exemptions existing pursuant to

26  the terms and provisions of this Code or under a
    SB2394 Enrolled  - 2608 - LRB104 09208 AMC 19265 b

1   reciprocal agreement or arrangement or declaration

2   thereunder or that a vehicle owned or operated by such

3   person is improperly registered or licensed, or that an

4   Illinois resident has improperly registered or licensed a

5   vehicle in another jurisdiction for the purposes of

6   violating or avoiding the registration laws of this State.

7   (c) The Secretary shall notify a petitioner or any

8   other person involved of such a hearing, by giving at

9   least 10 days notice, in writing, by U.S. Mail, Registered

10  or Certified, or by personal service, at the last known

11  address of such petitioner or person, specifying the time

12  and place of such hearing. Such hearing shall be held

13  before the Secretary, or any person as he may designate,

14  and unless the parties mutually agree to some other county

15  in Illinois, the hearing shall be held in the County of

16  Sangamon or the County of Cook. Appropriate records of the

17  hearing shall be kept, and the Secretary shall issue or

18  cause to be issued, his decision on the case, within 30

19  days after the close of such hearing or within 30 days

20  after receipt of the transcript thereof, and a copy shall

21  likewise be served or mailed to the petitioner or person

22  involved.

23  (d) The actions or inactions or determinations, or

24  findings and decisions upon an administrative hearing, of

25  the Secretary, shall be subject to judicial review in the

26  Circuit Court of the County of Sangamon or the County of
    SB2394 Enrolled      - 2609 - LRB104 09208 AMC 19265 b

1   Cook, and the provisions of the Administrative Review Law,

2   and all amendments and modifications thereof and rules

3   adopted pursuant thereto, apply to and govern all such

4   reviewable matters.

5   Any reciprocal agreements or arrangements entered into

6   by the Secretary of State or any declarations issued by

7   the Secretary of State pursuant to any law in effect prior

8   to the effective date of this Code are not hereby

9   abrogated, and such shall continue in force and effect

10  until amended pursuant to the provisions of this Code or

11  expire pursuant to the terms or provisions thereof.

12  C. Vehicles purchased out-of-state. A resident of this

13 State who purchases a vehicle in another state and transports

14 the vehicle to Illinois shall apply for registration and

15 certificate of title as soon as practicable, but in no event

16 more than 45 days after the purchase of the vehicle. If an

17 Illinois motorist who purchased a vehicle from an out-of-state

18 licensed dealer is unable to meet the 45-day deadline due to a

19 delay in paperwork from the seller, that motorist may obtain

20 an Illinois temporary registration plate with: (i) proof of

21 purchase; (ii) proof of meeting the Illinois driver's license

22 or identification card requirement; and (iii) proof that

23 Illinois title and registration fees have been paid. If fees

24 have not been paid, the motorist may pay the fees in order to

25 obtain the temporary registration plate. The owner of such a

26 vehicle shall display any temporary permit or registration
    SB2394 Enrolled        - 2610 - LRB104 09208 AMC 19265 b

1 issued in accordance with Section 3-407.
2 (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24;
3 revised 10-7-24.)

4   (625 ILCS 5/3-506)

5   Sec. 3-506. Transfer of plates to spouses of military

6 service members. Upon the death of a military service member

7 who has been issued a special plate under Section 3-609.1,

8 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638,

9 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669,

10 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698,

11 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or

12 3-699.25 3-699.22 of this Code, the surviving spouse of that

13 service member may retain the plate so long as that spouse is a

14 resident of Illinois and transfers the registration to his or

15 her name within 180 days of the death of the service member.

16  For the purposes of this Section, "service member" means

17 any individual who is serving or has served in any branch of

18 the United States Armed Forces, including the National Guard

19 or other reserve components of the Armed Forces, and has been

20 issued a special plate listed in this Section.

21 (Source: P.A. 102-154, eff. 1-1-22; 103-660, eff. 1-1-25;

22 revised 9-25-24.)

23  (625 ILCS 5/3-699.14)

24  Sec. 3-699.14. Universal special license plates.
   SB2394 Enrolled  - 2611 - LRB104 09208 AMC 19265 b

1  (a) In addition to any other special license plate, the

2 Secretary, upon receipt of all applicable fees and

3 applications made in the form prescribed by the Secretary, may

4 issue Universal special license plates to residents of

5 Illinois on behalf of organizations that have been authorized

6 by the General Assembly to issue decals for Universal special

7 license plates. Appropriate documentation, as determined by

8 the Secretary, shall accompany each application. Authorized

9 organizations shall be designated by amendment to this

10 Section. When applying for a Universal special license plate

11 the applicant shall inform the Secretary of the name of the

12 authorized organization from which the applicant will obtain a

13 decal to place on the plate. The Secretary shall make a record

14 of that organization and that organization shall remain

15 affiliated with that plate until the plate is surrendered,

16 revoked, or otherwise cancelled. The authorized organization

17 may charge a fee to offset the cost of producing and

18 distributing the decal, but that fee shall be retained by the

19 authorized organization and shall be separate and distinct

20 from any registration fees charged by the Secretary. No decal,

21 sticker, or other material may be affixed to a Universal

22 special license plate other than a decal authorized by the

23 General Assembly in this Section or a registration renewal

24 sticker. The special plates issued under this Section shall be

25 affixed only to passenger vehicles of the first division,

26 including motorcycles and autocycles, or motor vehicles of the
    SB2394 Enrolled  - 2612 - LRB104 09208 AMC 19265 b

1 second division weighing not more than 8,000 pounds. Plates

2 issued under this Section shall expire according to the

3 multi-year procedure under Section 3-414.1 of this Code.

4   (b) The design, color, and format of the Universal special

5 license plate shall be wholly within the discretion of the

6 Secretary. Universal special license plates are not required

7 to designate "Land of Lincoln", as prescribed in subsection

8 (b) of Section 3-412 of this Code. The design shall allow for

9 the application of a decal to the plate. Organizations

10 authorized by the General Assembly to issue decals for

11 Universal special license plates shall comply with rules

12 adopted by the Secretary governing the requirements for and

13 approval of Universal special license plate decals. The

14 Secretary may, in his or her discretion, allow Universal

15 special license plates to be issued as vanity or personalized

16 plates in accordance with Section 3-405.1 of this Code. The

17 Secretary of State must make a version of the special

18 registration plates authorized under this Section in a form

19 appropriate for motorcycles and autocycles.

20  (c) When authorizing a Universal special license plate,

21 the General Assembly shall set forth whether an additional fee

22 is to be charged for the plate and, if a fee is to be charged,

23 the amount of the fee and how the fee is to be distributed.

24 When necessary, the authorizing language shall create a

25 special fund in the State treasury into which fees may be

26 deposited for an authorized Universal special license plate.
    SB2394 Enrolled  - 2613 - LRB104 09208 AMC 19265 b

1 Additional fees may only be charged if the fee is to be paid

2 over to a State agency or to a charitable entity that is in

3 compliance with the registration and reporting requirements of

4 the Charitable Trust Act and the Solicitation for Charity Act.

5 Any charitable entity receiving fees for the sale of Universal

6 special license plates shall annually provide the Secretary of

7 State a letter of compliance issued by the Attorney General

8 verifying that the entity is in compliance with the Charitable

9 Trust Act and the Solicitation for Charity Act.

10  (d) Upon original issuance and for each registration

11 renewal period, in addition to the appropriate registration

12 fee, if applicable, the Secretary shall collect any additional

13 fees, if required, for issuance of Universal special license

14 plates. The fees shall be collected on behalf of the

15 organization designated by the applicant when applying for the

16 plate. All fees collected shall be transferred to the State

17 agency on whose behalf the fees were collected, or paid into

18 the special fund designated in the law authorizing the

19 organization to issue decals for Universal special license

20 plates. All money in the designated fund shall be distributed

21 by the Secretary subject to appropriation by the General

22 Assembly.

23  (e) The following organizations may issue decals for

24 Universal special license plates with the original and renewal

25 fees and fee distribution as follows:

26  (1) The Illinois Department of Natural Resources.
    SB2394 Enrolled       - 2614 - LRB104 09208 AMC 19265 b

1   (A) Original issuance: $25; with $10 to the

2   Roadside Monarch Habitat Fund and $15 to the Secretary

3   of State Special License Plate Fund.

4   (B) Renewal: $25; with $23 to the Roadside Monarch

5   Habitat Fund and $2 to the Secretary of State Special

6   License Plate Fund.

7   (2) Illinois Veterans' Homes.

8   (A) Original issuance: $26, which shall be

9   deposited into the Illinois Veterans' Homes Fund.

10  (B) Renewal: $26, which shall be deposited into

11  the Illinois Veterans' Homes Fund.

12  (3) The Illinois Department of Human Services for

13  volunteerism decals.

14  (A) Original issuance: $25, which shall be

15  deposited into the Secretary of State Special License

16  Plate Fund.

17  (B) Renewal: $25, which shall be deposited into

18  the Secretary of State Special License Plate Fund.

19  (4) The Illinois Department of Public Health.

20  (A) Original issuance: $25; with $10 to the

21  Prostate Cancer Awareness Fund and $15 to the

22  Secretary of State Special License Plate Fund.

23  (B) Renewal: $25; with $23 to the Prostate Cancer

24  Awareness Fund and $2 to the Secretary of State

25  Special License Plate Fund.

26  (5) Horsemen's Council of Illinois.
    SB2394 Enrolled     - 2615 - LRB104 09208 AMC 19265 b

1   (A) Original issuance: $25; with $10 to the

2   Horsemen's Council of Illinois Fund and $15 to the

3   Secretary of State Special License Plate Fund.

4   (B) Renewal: $25; with $23 to the Horsemen's

5   Council of Illinois Fund and $2 to the Secretary of

6   State Special License Plate Fund.

7   (6) K9s for Veterans, NFP.

8   (A) Original issuance: $25; with $10 to the

9   Post-Traumatic Stress Disorder Awareness Fund and $15

10  to the Secretary of State Special License Plate Fund.

11  (B) Renewal: $25; with $23 to the Post-Traumatic

12  Stress Disorder Awareness Fund and $2 to the Secretary

13  of State Special License Plate Fund.

14  (7) The International Association of Machinists and

15  Aerospace Workers.

16  (A) Original issuance: $35; with $20 to the Guide

17  Dogs of America Fund and $15 to the Secretary of State

18  Special License Plate Fund.

19  (B) Renewal: $25; with $23 going to the Guide Dogs

20  of America Fund and $2 to the Secretary of State

21  Special License Plate Fund.

22  (8) Local Lodge 701 of the International Association

23  of Machinists and Aerospace Workers.

24  (A) Original issuance: $35; with $10 to the Guide

25  Dogs of America Fund, $10 to the Mechanics Training

26  Fund, and $15 to the Secretary of State Special
    SB2394 Enrolled      - 2616 - LRB104 09208 AMC 19265 b

1   License Plate Fund.

2   (B) Renewal: $30; with $13 to the Guide Dogs of

3   America Fund, $15 to the Mechanics Training Fund, and

4   $2 to the Secretary of State Special License Plate

5   Fund.

6   (9) Illinois Department of Human Services.

7   (A) Original issuance: $25; with $10 to the

8   Theresa Tracy Trot - Illinois CancerCare Foundation

9   Fund and $15 to the Secretary of State Special License

10  Plate Fund.

11  (B) Renewal: $25; with $23 to the Theresa Tracy

12  Trot - Illinois CancerCare Foundation Fund and $2 to

13  the Secretary of State Special License Plate Fund.

14  (10) The Illinois Department of Human Services for

15  developmental disabilities awareness decals.

16  (A) Original issuance: $25; with $10 to the

17  Developmental Disabilities Awareness Fund and $15 to

18  the Secretary of State Special License Plate Fund.

19  (B) Renewal: $25; with $23 to the Developmental

20  Disabilities Awareness Fund and $2 to the Secretary of

21  State Special License Plate Fund.

22  (11) The Illinois Department of Human Services for

23  pediatric cancer awareness decals.

24  (A) Original issuance: $25; with $10 to the

25  Pediatric Cancer Awareness Fund and $15 to the

26  Secretary of State Special License Plate Fund.
    SB2394 Enrolled  - 2617 - LRB104 09208 AMC 19265 b

1   (B) Renewal: $25; with $23 to the Pediatric Cancer

2   Awareness Fund and $2 to the Secretary of State

3   Special License Plate Fund.

4   (12) The Department of Veterans' Affairs for Fold of

5   Honor decals.

6   (A) Original issuance: $25; with $10 to the Folds

7   of Honor Foundation Fund and $15 to the Secretary of

8   State Special License Plate Fund.

9   (B) Renewal: $25; with $23 to the Folds of Honor

10  Foundation Fund and $2 to the Secretary of State

11  Special License Plate Fund.

12  (13) The Illinois chapters of the Experimental

13  Aircraft Association for aviation enthusiast decals.

14  (A) Original issuance: $25; with $10 to the

15  Experimental Aircraft Association Fund and $15 to the

16  Secretary of State Special License Plate Fund.

17  (B) Renewal: $25; with $23 to the Experimental

18  Aircraft Association Fund and $2 to the Secretary of

19  State Special License Plate Fund.

20  (14) The Illinois Department of Human Services for

21  Child Abuse Council of the Quad Cities decals.

22  (A) Original issuance: $25; with $10 to the Child

23  Abuse Council of the Quad Cities Fund and $15 to the

24  Secretary of State Special License Plate Fund.

25  (B) Renewal: $25; with $23 to the Child Abuse

26  Council of the Quad Cities Fund and $2 to the Secretary
    SB2394 Enrolled     - 2618 - LRB104 09208 AMC 19265 b

1   of State Special License Plate Fund.

2   (15) The Illinois Department of Public Health for

3   health care worker decals.

4   (A) Original issuance: $25; with $10 to the

5   Illinois Health Care Workers Benefit Fund, and $15 to

6   the Secretary of State Special License Plate Fund.

7   (B) Renewal: $25; with $23 to the Illinois Health

8   Care Workers Benefit Fund and $2 to the Secretary of

9   State Special License Plate Fund.

10  (16) The Department of Agriculture for Future Farmers

11  of America decals.

12  (A) Original issuance: $25; with $10 to the Future

13  Farmers of America Fund and $15 to the Secretary of

14  State Special License Plate Fund.

15  (B) Renewal: $25; with $23 to the Future Farmers

16  of America Fund and $2 to the Secretary of State

17  Special License Plate Fund.

18  (17) The Illinois Department of Public Health for

19  autism awareness decals that are designed with input from

20  autism advocacy organizations.

21  (A) Original issuance: $25; with $10 to the Autism

22  Awareness Fund and $15 to the Secretary of State

23  Special License Plate Fund.

24  (B) Renewal: $25; with $23 to the Autism Awareness

25  Fund and $2 to the Secretary of State Special License

26  Plate Fund.
    SB2394 Enrolled      - 2619 - LRB104 09208 AMC 19265 b

1   (18) The Department of Natural Resources for Lyme

2   disease research decals.

3   (A) Original issuance: $25; with $10 to the Tick

4   Research, Education, and Evaluation Fund and $15 to

5   the Secretary of State Special License Plate Fund.

6   (B) Renewal: $25; with $23 to the Tick Research,

7   Education, and Evaluation Fund and $2 to the Secretary

8   of State Special License Plate Fund.

9   (19) The IBEW Thank a Line Worker decal.

10  (A) Original issuance: $15, which shall be

11  deposited into the Secretary of State Special License

12  Plate Fund.

13  (B) Renewal: $2, which shall be deposited into the

14  Secretary of State Special License Plate Fund.

15  (20) An Illinois chapter of the Navy Club for Navy

16  Club decals.

17  (A) Original issuance: $5; which shall be

18  deposited into the Navy Club Fund.

19  (B) Renewal: $18; which shall be deposited into

20  the Navy Club Fund.

21  (21) (20) An Illinois chapter of the International

22  Brotherhood of Electrical Workers for International

23  Brotherhood of Electrical Workers decal.

24  (A) Original issuance: $25; with $10 to the

25  International Brotherhood of Electrical Workers Fund

26  and $15 to the Secretary of State Special License
    SB2394 Enrolled      - 2620 - LRB104 09208 AMC 19265 b

1   Plate Fund.

2   (B) Renewal: $25; with $23 to the International

3   Brotherhood of Electrical Workers Fund and $2 to the

4   Secretary of State Special License Plate Fund.

5   (22) (20) The 100 Club of Illinois decal.

6   (A) Original issuance: $45; with $30 to the 100

7   Club of Illinois Fund and $15 to the Secretary of State

8   Special License Plate Fund.

9   (B) Renewal: $27; with $25 to the 100 Club of

10  Illinois Fund and $2 to the Secretary of State Special

11  License Plate Fund.

12  (23) (20) The Illinois USTA/Midwest Youth Tennis

13  Foundation decal.

14  (A) Original issuance: $40; with $25 to the

15  Illinois USTA/Midwest Youth Tennis Foundation Fund and

16  $15 to the Secretary of State Special License Plate

17  Fund.

18  (B) Renewal: $40; with $38 to the Illinois

19  USTA/Midwest Youth Tennis Foundation Fund and $2 to

20  the Secretary of State Special License Plate Fund.

21  (24) (20) The Sons of the American Legion decal.

22  (A) Original issuance: $25; with $10 to the Sons

23  of the American Legion Fund and $15 to the Secretary of

24  State Special License Plate Fund.

25  (B) Renewal: $25; with $23 to the Sons of the

26  American Legion Fund and $2 to the Secretary of State
    SB2394 Enrolled    - 2621 - LRB104 09208 AMC 19265 b

1   Special License Plate Fund.

2   (f) The following funds are created as special funds in

3 the State treasury:

4   (1) The Roadside Monarch Habitat Fund. All money in

5   the Roadside Monarch Habitat Fund shall be paid as grants

6   to the Illinois Department of Natural Resources to fund

7   roadside monarch and other pollinator habitat development,

8   enhancement, and restoration projects in this State.

9   (2) The Prostate Cancer Awareness Fund. All money in

10  the Prostate Cancer Awareness Fund shall be paid as grants

11  to the Prostate Cancer Foundation of Chicago.

12  (3) The Horsemen's Council of Illinois Fund. All money

13  in the Horsemen's Council of Illinois Fund shall be paid

14  as grants to the Horsemen's Council of Illinois.

15  (4) The Post-Traumatic Stress Disorder Awareness Fund.

16  All money in the Post-Traumatic Stress Disorder Awareness

17  Fund shall be paid as grants to K9s for Veterans, NFP for

18  support, education, and awareness of veterans with

19  post-traumatic stress disorder.

20  (5) The Guide Dogs of America Fund. All money in the

21  Guide Dogs of America Fund shall be paid as grants to the

22  International Guiding Eyes, Inc., doing business as Guide

23  Dogs of America.

24  (6) The Mechanics Training Fund. All money in the

25  Mechanics Training Fund shall be paid as grants to the

26  Mechanics Local 701 Training Fund.
    SB2394 Enrolled         - 2622 - LRB104 09208 AMC 19265 b

1   (7) The Theresa Tracy Trot - Illinois CancerCare

2   Foundation Fund. All money in the Theresa Tracy Trot -

3   Illinois CancerCare Foundation Fund shall be paid to the

4   Illinois CancerCare Foundation for the purpose of

5   furthering pancreatic cancer research.

6   (8) The Developmental Disabilities Awareness Fund. All

7   money in the Developmental Disabilities Awareness Fund

8   shall be paid as grants to the Illinois Department of

9   Human Services to fund legal aid groups to assist with

10  guardianship fees for private citizens willing to become

11  guardians for individuals with developmental disabilities

12  but who are unable to pay the legal fees associated with

13  becoming a guardian.

14  (9) The Pediatric Cancer Awareness Fund. All money in

15  the Pediatric Cancer Awareness Fund shall be paid as

16  grants to the Cancer Center at Illinois for pediatric

17  cancer treatment and research.

18  (10) The Folds of Honor Foundation Fund. All money in

19  the Folds of Honor Foundation Fund shall be paid as grants

20  to the Folds of Honor Foundation to aid in providing

21  educational scholarships to military families.

22  (11) The Experimental Aircraft Association Fund. All

23  money in the Experimental Aircraft Association Fund shall

24  be paid, subject to appropriation by the General Assembly

25  and distribution by the Secretary, as grants to promote

26  recreational aviation.
    SB2394 Enrolled    - 2623 - LRB104 09208 AMC 19265 b

1   (12) The Child Abuse Council of the Quad Cities Fund.

2   All money in the Child Abuse Council of the Quad Cities

3   Fund shall be paid as grants to benefit the Child Abuse

4   Council of the Quad Cities.

5   (13) The Illinois Health Care Workers Benefit Fund.

6   All money in the Illinois Health Care Workers Benefit Fund

7   shall be paid as grants to the Trinity Health Foundation

8   for the benefit of health care workers, doctors, nurses,

9   and others who work in the health care industry in this

10  State.

11  (14) The Future Farmers of America Fund. All money in

12  the Future Farmers of America Fund shall be paid as grants

13  to the Illinois Association of Future Farmers of America.

14  (15) The Tick Research, Education, and Evaluation

15  Fund. All money in the Tick Research, Education, and

16  Evaluation Fund shall be paid as grants to the Illinois

17  Lyme Association.

18  (16) The Navy Club Fund. All money in the Navy Club

19  Fund shall be paid as grants to any local chapter of the

20  Navy Club that is located in this State.

21  (17) (16) The International Brotherhood of Electrical

22  Workers Fund. All money in the International Brotherhood

23  of Electrical Workers Fund shall be paid as grants to any

24  local chapter of the International Brotherhood of

25  Electrical Workers that is located in this State.

26  (18) (16) The 100 Club of Illinois Fund. All money in
    SB2394 Enrolled        - 2624 - LRB104 09208 AMC 19265 b

1   the 100 Club of Illinois Fund shall be paid as grants to

2   the 100 Club of Illinois for the purpose of giving

3   financial support to children and spouses of first

4   responders killed in the line of duty and mental health

5   resources for active duty first responders.

6   (19) (16) The Illinois USTA/Midwest Youth Tennis

7   Foundation Fund. All money in the Illinois USTA/Midwest

8   Youth Tennis Foundation Fund shall be paid as grants to

9   Illinois USTA/Midwest Youth Tennis Foundation to aid

10  USTA/Midwest districts in the State with exposing youth to

11  the game of tennis.

12  (20) (16) The Sons of the American Legion Fund. All

13  money in the Sons of the American Legion Fund shall be paid

14  as grants to the Illinois Detachment of the Sons of the

15  American Legion.

16 (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;

17 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.

18 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,

19 eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;

20 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.

21 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,

22 eff. 1-1-25; revised 11-26-24.)

23  (625 ILCS 5/3-699.22)

24  Sec. 3-699.22. United States Submarine Veterans plates.

25  (a) The Secretary of State, upon receipt of all applicable
    SB2394 Enrolled        - 2625 - LRB104 09208 AMC 19265 b

1 fees and applications made in the form prescribed by the

2 Secretary, may issue special registration plates designated as

3 United States Submarine Veterans plates to each resident of

4 this State who served in the United States Navy as a

5 submariner. The special plates issued under this Section shall

6 be affixed only to passenger vehicles of the first division,

7 motorcycles, and motor vehicles of the second division

8 weighing not more than 8,000 pounds. Plates under this Section

9 shall expire according to the multi-year procedure established

10 by Section 3-414.1.

11  (b) The plates shall display the United States Submarine

12 Veterans logo and the phrase "Silent Service". In all other

13 respects, the design and color of the special plates shall be

14 wholly within the discretion of the Secretary. Appropriate

15 documentation, as determined by the Secretary, shall accompany

16 each application. The Secretary, in the Secretary's

17 discretion, may allow the plates to be issued as vanity plates

18 or personalized in accordance with Section 3-405.1. The plates

19 are not required to designate "Land of Lincoln", as prescribed

20 in subsection (b) of Section 3-412. The Secretary shall

21 prescribe the eligibility requirements and, in his or her

22 discretion, shall approve and prescribe stickers or decals as

23 provided under Section 3-412.

24 (Source: P.A. 103-130, eff. 1-1-24.)

25  (625 ILCS 5/3-699.25)
    SB2394 Enrolled  - 2626 - LRB104 09208 AMC 19265 b

1   Sec. 3-699.25 3-699.22. Air Force Combat Action Medal

2 license plates.

3   (a) In addition to any other special license plate, the

4 Secretary, upon receipt of all applicable fees and

5 applications made in the form prescribed by the Secretary of

6 State, may issue Air Force Combat Action Medal license plates

7 to residents of this State who have been awarded the Air Force

8 Combat Action Medal. The special Air Force Combat Action Medal

9 plate issued under this Section shall be affixed only to

10 passenger vehicles of the first division, motorcycles, and

11 motor vehicles of the second division weighing not more than

12 8,000 pounds. Plates issued under this Section shall expire

13 according to the staggered multi-year procedure established by

14 Section 3-414.1.

15  (b) The plates shall display the Air Force Combat Action

16 Medal. In all other respects, the design, color, and format of

17 the special plates shall be wholly within the discretion of

18 the Secretary. The Secretary may, in the Secretary's own

19 discretion, allow the plates to be issued as vanity plates or

20 personalized in accordance with Section 3-405.1 of this Code.

21 The plates are not required to designate "Land of Lincoln", as

22 prescribed in subsection (b) of Section 3-412. The Secretary

23 shall prescribe the eligibility requirements and, in the

24 Secretary's own discretion, shall approve and prescribe

25 stickers or decals as provided under Section 3-412.

26 (Source: P.A. 103-660, eff. 1-1-25; revised 12-3-24.)
    SB2394 Enrolled    - 2627 - LRB104 09208 AMC 19265 b

1   (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)

2   Sec. 3-802. Reclassifications and upgrades.

3   (a) Definitions. For the purposes of this Section, the

4 following words shall have the meanings ascribed to them as

5 follows:

6   "Reclassification" means changing the registration of

7   a vehicle from one plate category to another.

8   "Upgrade" means increasing the registered weight of a

9   vehicle within the same plate category.

10  (b) When reclassing the registration of a vehicle from one

11 plate category to another, the owner shall receive credit for

12 the unused portion of the present plate and be charged the

13 current portion fees for the new plate. In addition, the

14 appropriate replacement plate and replacement sticker fees

15 shall be assessed.

16  (b-5) Any individual who has a registration issued under

17 either Section 3-405 or 3-405.1 that qualifies for a special

18 license plate under Section 3-609, 3-609.1, 3-620, 3-621,

19 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,

20 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676,

21 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698,

22 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or

23 3-699.25 3-699.22 may reclass his or her registration upon

24 acquiring a special license plate listed in this subsection

25 (b-5) without a replacement plate or digital plate fee or
    SB2394 Enrolled           - 2628 - LRB104 09208 AMC 19265 b

1 registration sticker or digital registration sticker cost.

2   (b-10) Any individual who has a special license plate

3 issued under Section 3-609, 3-609.1, 3-620, 3-621, 3-622,

4 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647,

5 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677,

6 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12,

7 3-699.17, or 3-699.25 3-699.22 may reclass his or her special

8 license plate upon acquiring a new registration under Section

9 3-405 or 3-405.1 without a replacement plate or digital plate

10 fee or registration sticker or digital registration sticker

11 cost.

12  (c) When upgrading the weight of a registration within the

13 same plate category, the owner shall pay the difference in

14 current period fees between the 2 plates. In addition, the

15 appropriate replacement plate and replacement sticker fees

16 shall be assessed. In the event new plates are not required,

17 the corrected registration card fee shall be assessed.

18  (d) In the event the owner of the vehicle desires to change

19 the registered weight and change the plate category, the owner

20 shall receive credit for the unused portion of the

21 registration fee of the current plate and pay the current

22 portion of the registration fee for the new plate, and in

23 addition, pay the appropriate replacement plate and

24 replacement sticker fees.

25  (e) Reclassing from one plate category to another plate

26 category can be done only once within any registration period.
    SB2394 Enrolled           - 2629 - LRB104 09208 AMC 19265 b

1   (f) No refunds shall be made in any of the circumstances

2 found in subsection (b), subsection (c), or subsection (d);

3 however, when reclassing from a flat weight plate to an

4 apportioned plate, a refund may be issued if the credit

5 amounts to an overpayment.

6   (g) In the event the registration of a vehicle registered

7 under the mileage tax option is revoked, the owner shall be

8 required to pay the annual registration fee in the new plate

9 category and shall not receive any credit for the mileage

10 plate fees.

11  (h) Certain special interest plates may be displayed on

12 first division vehicles, second division vehicles weighing

13 8,000 pounds or less, and recreational vehicles. Those plates

14 can be transferred within those vehicle groups.

15  (i) Plates displayed on second division vehicles weighing

16 8,000 pounds or less and passenger vehicle plates may be

17 reclassed from one division to the other.

18  (j) Other than in subsection (i), reclassing from one

19 division to the other division is prohibited. In addition, a

20 reclass from a motor vehicle to a trailer or a trailer to a

21 motor vehicle is prohibited.

22 (Source: P.A. 102-154, eff. 1-1-22; 102-558, eff. 8-20-21;

23 103-660, eff. 1-1-25; revised 11-25-24.)

24  (625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804)

25  Sec. 3-804. Antique vehicles.
    SB2394 Enrolled  - 2630 - LRB104 09208 AMC 19265 b

1   (a) The owner of an antique vehicle may register such

2 vehicle for a fee not to exceed $13 for a 2-year antique plate.

3 The application for registration must be accompanied by an

4 affirmation of the owner that such vehicle will be driven on

5 the highway only for the purpose of going to and returning from

6 an antique auto show or an exhibition, or for servicing or

7 demonstration and also affirming that the mechanical

8 condition, physical condition, brakes, lights, glass, and

9 appearance of such vehicle is the same or as safe as originally

10 equipped. The Secretary may, in his discretion, prescribe that

11 antique vehicle plates be issued for a definite or an

12 indefinite term, such term to correspond to the term of

13 registration plates issued generally, as provided in Section

14 3-414.1. In no event may the registration fee for antique

15 vehicles exceed $6 per registration year. Any person

16 requesting antique plates under this Section may also apply to

17 have vanity or personalized plates as provided under Section

18 3-405.1.

19  (b) Any person who is the registered owner of an antique

20 vehicle may display a historical Illinois-issued license plate

21 that represents the model year of the vehicle, furnished by

22 such person, in lieu of the current and valid Illinois antique

23 vehicle plates issued thereto, provided that valid and current

24 Illinois antique vehicle plates and registration card issued

25 to such antique vehicle are simultaneously carried within such

26 vehicle and are available for inspection.
    SB2394 Enrolled        - 2631 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-706, eff. 1-1-25; revised 10-24-24.)

2   (625 ILCS 5/4-203)

3   Sec. 4-203. Removal of motor vehicles or other vehicles;

4 towing or hauling away.

5   (a) When a vehicle is abandoned, or left unattended, on a

6 toll highway, interstate highway, or expressway for 2 hours or

7 more, its removal by a towing service may be authorized by a

8 law enforcement agency having jurisdiction.

9   (b) When a vehicle is abandoned on a highway in an urban

10 district for 10 hours or more, its removal by a towing service

11 may be authorized by a law enforcement agency having

12 jurisdiction.

13  (c) When a vehicle is abandoned or left unattended on a

14 highway other than a toll highway, interstate highway, or

15 expressway, outside of an urban district for 24 hours or more,

16 its removal by a towing service may be authorized by a law

17 enforcement agency having jurisdiction.

18  (d) When an abandoned, unattended, wrecked, burned, or

19 partially dismantled vehicle is creating a traffic hazard

20 because of its position in relation to the highway or its

21 physical appearance is causing the impeding of traffic, its

22 immediate removal from the highway or private property

23 adjacent to the highway by a towing service may be authorized

24 by a law enforcement agency having jurisdiction.

25  (e) Whenever a peace officer reasonably believes that a
    SB2394 Enrolled  - 2632 - LRB104 09208 AMC 19265 b

1 person under arrest for a violation of Section 11-501 of this

2 Code or a similar provision of a local ordinance is likely,

3 upon release, to commit a subsequent violation of Section

4 11-501, or a similar provision of a local ordinance, the

5 arresting officer shall have the vehicle which the person was

6 operating at the time of the arrest impounded for a period of

7 12 hours after the time of arrest. However, such vehicle may be

8 released by the arresting law enforcement agency prior to the

9 end of the impoundment period if:

10  (1) the vehicle was not owned by the person under

11  arrest, and the lawful owner requesting such release

12  possesses a valid operator's license, proof of ownership,

13  and would not, as determined by the arresting law

14  enforcement agency, indicate a lack of ability to operate

15  a motor vehicle in a safe manner, or who would otherwise,

16  by operating such motor vehicle, be in violation of this

17  Code; or

18  (2) the vehicle is owned by the person under arrest,

19  and the person under arrest gives permission to another

20  person to operate such vehicle, provided however, that the

21  other person possesses a valid operator's license and

22  would not, as determined by the arresting law enforcement

23  agency, indicate a lack of ability to operate a motor

24  vehicle in a safe manner or who would otherwise, by

25  operating such motor vehicle, be in violation of this

26  Code.
    SB2394 Enrolled            - 2633 - LRB104 09208 AMC 19265 b

1   (e-5) Whenever a registered owner of a vehicle is taken

2 into custody for operating the vehicle in violation of Section

3 11-501 of this Code or a similar provision of a local ordinance

4 or Section 6-303 of this Code, a law enforcement officer may

5 have the vehicle immediately impounded for a period not less

6 than:

7        (1) 24 hours for a second violation of Section 11-501

8   of this Code or a similar provision of a local ordinance or

9   Section 6-303 of this Code or a combination of these

10  offenses; or

11       (2) 48 hours for a third violation of Section 11-501

12  of this Code or a similar provision of a local ordinance or

13  Section 6-303 of this Code or a combination of these

14  offenses.

15  The vehicle may be released sooner if the vehicle is owned

16 by the person under arrest and the person under arrest gives

17 permission to another person to operate the vehicle and that

18 other person possesses a valid operator's license and would

19 not, as determined by the arresting law enforcement agency,

20 indicate a lack of ability to operate a motor vehicle in a safe

21 manner or would otherwise, by operating the motor vehicle, be

22 in violation of this Code.

23  (f) Except as provided in Chapter 18a of this Code, the

24 owner or lessor of privately owned real property within this

25 State, or any person authorized by such owner or lessor, or any

26 law enforcement agency in the case of publicly owned real
    SB2394 Enrolled  - 2634 - LRB104 09208 AMC 19265 b

1 property may cause any motor vehicle abandoned or left

2 unattended upon such property without permission to be removed

3 by a towing service without liability for the costs of

4 removal, transportation, or storage, or damage caused by such

5 removal, transportation, or storage. The towing or removal of

6 any vehicle from private property without the consent of the

7 registered owner or other legally authorized person in control

8 of the vehicle is subject to compliance with the following

9 conditions and restrictions:

10  1. Any towed or removed vehicle must be stored at the

11  site of the towing service's place of business. The site

12  must be open during business hours, and for the purpose of

13  redemption of vehicles, during the time that the person or

14  firm towing such vehicle is open for towing purposes.

15  2. The towing service shall within 30 minutes of

16  completion of such towing or removal, notify the law

17  enforcement agency having jurisdiction of such towing or

18  removal, and the make, model, color, and license plate

19  number of the vehicle, and shall obtain and record the

20  name of the person at the law enforcement agency to whom

21  such information was reported.

22  3. If the registered owner or legally authorized

23  person entitled to possession of the vehicle shall arrive

24  at the scene prior to actual removal or towing of the

25  vehicle, the vehicle shall be disconnected from the tow

26  truck and that person shall be allowed to remove the
    SB2394 Enrolled          - 2635 - LRB104 09208 AMC 19265 b

1   vehicle without interference, upon the payment of a

2   reasonable service fee of not more than one-half the

3   posted rate of the towing service as provided in paragraph

4   6 of this subsection, for which a receipt shall be given.

5   4. The rebate or payment of money or any other

6   valuable consideration from the towing service or its

7   owners, managers, or employees to the owners or operators

8   of the premises from which the vehicles are towed or

9   removed, for the privilege of removing or towing those

10  vehicles, is prohibited. Any individual who violates this

11  paragraph shall be guilty of a Class A misdemeanor.

12  5. Except for property appurtenant to and obviously a

13  part of a single family residence, and except for

14  instances where notice is personally given to the owner or

15  other legally authorized person in control of the vehicle

16  that the area in which that vehicle is parked is reserved

17  or otherwise unavailable to unauthorized vehicles and they

18  are subject to being removed at the owner or operator's

19  expense, any property owner or lessor, prior to towing or

20  removing any vehicle from private property without the

21  consent of the owner or other legally authorized person in

22  control of that vehicle, must post a notice meeting the

23  following requirements:

24  a. Except as otherwise provided in subparagraph

25  a.1 of this paragraph 5 of this subsection subdivision

26  (f)5, the notice must be prominently placed at each
    SB2394 Enrolled  - 2636 - LRB104 09208 AMC 19265 b

1   driveway access or curb cut allowing vehicular access

2   to the property within 5 feet from the public

3   right-of-way line. If there are no curbs or access

4   barriers, the sign must be posted not less than one

5   sign each 100 feet of lot frontage.

6   a.1. In a municipality with a population of less

7   than 250,000, as an alternative to the requirement of

8   subparagraph a of this paragraph 5 of this subsection

9   subdivision (f)5, the notice for a parking lot

10  contained within property used solely for a 2-family,

11  3-family, or 4-family residence may be prominently

12  placed at the perimeter of the parking lot, in a

13  position where the notice is visible to the occupants

14  of vehicles entering the lot.

15  b. The notice must indicate clearly, in not less

16  than 2 inch high light-reflective letters on a

17  contrasting background, that unauthorized vehicles

18  will be towed away at the owner's expense.

19  c. The notice must also provide the name and

20  current telephone number of the towing service towing

21  or removing the vehicle.

22  d. The sign structure containing the required

23  notices must be permanently installed with the bottom

24  of the sign not less than 4 feet above ground level,

25  and must be continuously maintained on the property

26  for not less than 24 hours prior to the towing or
    SB2394 Enrolled   - 2637 - LRB104 09208 AMC 19265 b

1   removing of any vehicle.

2   6. Any towing service that tows or removes vehicles

3   and proposes to require the owner, operator, or person in

4   control of the vehicle to pay the costs of towing and

5   storage prior to redemption of the vehicle must file and

6   keep on record with the local law enforcement agency a

7   complete copy of the current rates to be charged for such

8   services, and post at the storage site an identical rate

9   schedule and any written contracts with property owners,

10  lessors, or persons in control of property which authorize

11  them to remove vehicles as provided in this Section. The

12  towing and storage charges, however, shall not exceed the

13  maximum allowed by the Illinois Commerce Commission under

14  Section 18a-200.

15  7. No person shall engage in the removal of vehicles

16  from private property as described in this Section without

17  filing a notice of intent in each community where he

18  intends to do such removal, and such notice shall be filed

19  at least 7 days before commencing such towing.

20  8. No removal of a vehicle from private property shall

21  be done except upon express written instructions of the

22  owners or persons in charge of the private property upon

23  which the vehicle is said to be trespassing.

24  9. Vehicle entry for the purpose of removal shall be

25  allowed with reasonable care on the part of the person or

26  firm towing the vehicle. Such person or firm shall be
    SB2394 Enrolled   - 2638 - LRB104 09208 AMC 19265 b

1   liable for any damages occasioned to the vehicle if such

2   entry is not in accordance with the standards of

3   reasonable care.

4   9.5. Except as authorized by a law enforcement

5   officer, no towing service shall engage in the removal of

6   a commercial motor vehicle that requires a commercial

7   driver's license to operate by operating the vehicle under

8   its own power on a highway.

9   10. When a vehicle has been towed or removed pursuant

10  to this Section, it must be released to its owner,

11  custodian, agent, or lienholder within one-half hour after

12  requested, if such request is made during business hours.

13  Any vehicle owner, custodian, agent, or lienholder shall

14  have the right to inspect the vehicle before accepting its

15  return, and no release or waiver of any kind which would

16  release the towing service from liability for damages

17  incurred during the towing and storage may be required

18  from any vehicle owner or other legally authorized person

19  as a condition of release of the vehicle. A detailed,

20  signed receipt showing the legal name of the towing

21  service must be given to the person paying towing or

22  storage charges at the time of payment, whether requested

23  or not.

24  This Section shall not apply to law enforcement,

25  firefighting, rescue, ambulance, or other emergency

26  vehicles which are marked as such or to property owned by
    SB2394 Enrolled  - 2639 - LRB104 09208 AMC 19265 b

1   any governmental entity.

2         When an authorized person improperly causes a motor

3   vehicle to be removed, such person shall be liable to the

4   owner or lessee of the vehicle for the cost of removal,

5   transportation and storage, any damages resulting from the

6   removal, transportation and storage, attorney's fee, and

7   court costs.

8         Any towing or storage charges accrued shall be payable

9   in cash or by cashier's check, certified check, debit

10  card, credit card, or wire transfer, at the option of the

11  party taking possession of the vehicle.

12        11. Towing companies shall also provide insurance

13  coverage for areas where vehicles towed under the

14  provisions of this Chapter will be impounded or otherwise

15  stored, and shall adequately cover loss by fire, theft, or

16  other risks.

17  Any person who fails to comply with the conditions and

18 restrictions of this subsection shall be guilty of a Class C

19 misdemeanor and shall be fined not less than $100 nor more than

20 $500.

21  (g)(1) When a vehicle is determined to be a hazardous

22 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the

23 Illinois Municipal Code or Section 5-12002.1 of the Counties

24 Code, its removal and impoundment by a towing service may be

25 authorized by a law enforcement agency with appropriate

26 jurisdiction.
    SB2394 Enrolled  - 2640 - LRB104 09208 AMC 19265 b

1   (2) When a vehicle removal from either public or private

2 property is authorized by a law enforcement agency, the owner

3 of the vehicle shall be responsible for all towing and storage

4 charges.

5   (3) Vehicles removed from public or private property and

6 stored by a commercial vehicle relocator or any other towing

7 service authorized by a law enforcement agency in compliance

8 with this Section and Sections 4-201 and 4-202 of this Code, or

9 at the request of the vehicle owner or operator, shall be

10 subject to a possessor lien for services pursuant to the Labor

11 and Storage Lien (Small Amount) Act. The provisions of Section

12 1 of that Act relating to notice and implied consent shall be

13 deemed satisfied by compliance with Section 18a-302 and

14 subsection (6) of Section 18a-300. In no event shall such lien

15 be greater than the rate or rates established in accordance

16 with subsection (6) of Section 18a-200 of this Code. In no

17 event shall such lien be increased or altered to reflect any

18 charge for services or materials rendered in addition to those

19 authorized by this Code. Every such lien shall be payable in

20 cash or by cashier's check, certified check, debit card,

21 credit card, or wire transfer, at the option of the party

22 taking possession of the vehicle.

23  (4) Any personal property belonging to the vehicle owner

24 in a vehicle subject to a lien under this subsection (g) shall

25 likewise be subject to that lien, excepting only: child

26 restraint systems as defined in Section 4 of the Child
    SB2394 Enrolled  - 2641 - LRB104 09208 AMC 19265 b

1 Passenger Protection Act and other child booster seats;

2 eyeglasses; food; medicine; personal medical and health care

3 devices, including hearing instruments; perishable property;

4 any operator's licenses; any cash, credit cards, or checks or

5 checkbooks; any wallet, purse, or other property containing

6 any operator's licenses, social security cards, or other

7 identifying documents or materials, cash, credit cards,

8 checks, checkbooks, or passbooks; higher education textbooks

9 and study materials; and any personal property belonging to a

10 person other than the vehicle owner if that person provides

11 adequate proof that the personal property belongs to that

12 person. The spouse, child, mother, father, brother, or sister

13 of the vehicle owner may claim personal property excepted

14 under this paragraph (4) if the person claiming the personal

15 property provides the commercial vehicle relocator or towing

16 service with the authorization of the vehicle owner.

17  (5) This paragraph (5) applies only in the case of a

18 vehicle that is towed as a result of being involved in a crash.

19 In addition to the personal property excepted under paragraph

20 (4), all other personal property in a vehicle subject to a lien

21 under this subsection (g) is exempt from that lien and may be

22 claimed by the vehicle owner if the vehicle owner provides the

23 commercial vehicle relocator or towing service with proof that

24 the vehicle owner has an insurance policy covering towing and

25 storage fees. The spouse, child, mother, father, brother, or

26 sister of the vehicle owner may claim personal property in a
    SB2394 Enrolled            - 2642 - LRB104 09208 AMC 19265 b

1 vehicle subject to a lien under this subsection (g) if the

2 person claiming the personal property provides the commercial

3 vehicle relocator or towing service with the authorization of

4 the vehicle owner and proof that the vehicle owner has an

5 insurance policy covering towing and storage fees. The

6 regulation of liens on personal property and exceptions to

7 those liens in the case of vehicles towed as a result of being

8 involved in a crash are exclusive powers and functions of the

9 State. A home rule unit may not regulate liens on personal

10 property and exceptions to those liens in the case of vehicles

11 towed as a result of being involved in a crash. This paragraph

12 (5) is a denial and limitation of home rule powers and

13 functions under subsection (h) of Section 6 of Article VII of

14 the Illinois Constitution.

15  (6) No lien under this subsection (g) shall: exceed $2,000

16 in its total amount; or be increased or altered to reflect any

17 charge for services or materials rendered in addition to those

18 authorized by this Code.

19  (h) Whenever a peace officer issues a citation to a driver

20 for a violation of subsection (a), (a-5), or (b-5) of Section

21 11-506 of this Code or for a violation of paragraph (1) of

22 subsection (a) of Section 11-503 of this Code, the arresting

23 officer may have the vehicle which the person was operating at

24 the time of the arrest impounded for a period of 5 days after

25 the time of arrest. An impounding agency shall release a motor

26 vehicle impounded under this subsection (h) to the registered
    SB2394 Enrolled       - 2643 - LRB104 09208 AMC 19265 b

1 owner of the vehicle under any of the following circumstances:

2   (1) if the vehicle is a stolen vehicle; or

3   (2) if the person ticketed for a violation of

4   subsection (a), (a-5), or (b-5) of Section 11-506 or

5   paragraph (1) of subsection (a) of Section 11-503 of this

6   Code was not authorized by the registered owner of the

7   vehicle to operate the vehicle at the time of the

8   violation; or

9   (3) if the registered owner of the vehicle was neither

10  the driver nor a passenger in the vehicle at the time of

11  the violation or was unaware that the driver was using the

12  vehicle to engage in street racing, street sideshow, or

13  reckless driving; or

14  (4) if the legal owner or registered owner of the

15  vehicle is a rental car agency; or

16  (5) if, prior to the expiration of the impoundment

17  period specified above, the citation is dismissed or the

18  defendant is found not guilty of the offense.

19  (i) Except for vehicles exempted under subsection (b) of

20 Section 7-601 of this Code, whenever a law enforcement officer

21 issues a citation to a driver for a violation of Section 3-707

22 of this Code, and the driver has a prior conviction for a

23 violation of Section 3-707 of this Code in the past 12 months,

24 the arresting officer shall authorize the removal and

25 impoundment of the vehicle by a towing service.

26  (j) Notwithstanding any other provision of law, if a
    SB2394 Enrolled        - 2644 - LRB104 09208 AMC 19265 b

1 person has indicated in a timely filed report to the

2 appropriate law enforcement agency that a vehicle towed

3 pursuant to this Section has been stolen or hijacked then:

4   (1) the person shall not be liable for any

5   governmentally imposed fees, fines, or penalties; and

6   (2) if a vehicle towed pursuant to this Section is

7   registered in Illinois and the name and address of the

8   registered owner of the vehicle is provided or made

9   available to the towing service at the time of the tow,

10  then the towing service must provide written notice of the

11  tow to the registered owner within 2 business days after

12  the vehicle is towed by certified mail, return receipt

13  requested. No storage charges shall accrue if the vehicle

14  is reclaimed by paying recovery and towing charges at the

15  posted rates of the towing service as provided by

16  paragraph 6 of subsection (f) within 7 days after such

17  notice is mailed. If the vehicle is registered in a state

18  other than Illinois, then no storage charges shall accrue

19  if the vehicle is reclaimed by paying recovery and towing

20  charges at the posted rates of the towing service as

21  provided by paragraph 6 of subsection (f) within 7 days

22  after a request for registered owner information is mailed

23  by the towing service, certified mail, return receipt

24  requested, to the applicable administrative agency or

25  office in that state.

26  The towing service shall enjoy a lien to secure payment of
    SB2394 Enrolled  - 2645 - LRB104 09208 AMC 19265 b

1 charges accrued in compliance with this subsection.
2 (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23;
3 103-706, eff. 1-1-25; 103-756, eff. 1-1-25; revised 11-26-24.)

4   (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)

5   Sec. 5-102. Used vehicle dealers must be licensed.

6   (a) No person, other than a licensed new vehicle dealer,

7 shall engage in the business of selling or dealing in, on

8 consignment or otherwise, 5 or more used vehicles of any make

9 during the year (except house trailers as authorized by

10 paragraph (j) of this Section and rebuilt salvage vehicles

11 sold by their rebuilders to persons licensed under this

12 Chapter), or act as an intermediary, agent, or broker for any

13 licensed dealer or vehicle purchaser (other than as a

14 salesperson) or represent or advertise that he is so engaged

15 or intends to so engage in such business unless licensed to do

16 so by the Secretary of State under the provisions of this

17 Section.

18  (b) An application for a used vehicle dealer's license

19 shall be filed with the Secretary of State, duly verified by

20 oath, in such form as the Secretary of State may by rule or

21 regulation prescribe and shall contain:

22  1. The name and type of business organization

23  established and additional places of business, if any, in

24  this State.

25  2. If the applicant is a corporation, a list of its
    SB2394 Enrolled  - 2646 - LRB104 09208 AMC 19265 b

1   officers, directors, and shareholders having a 10% ten

2   percent or greater ownership interest in the corporation,

3   setting forth the residence address of each; if the

4   applicant is a sole proprietorship, a partnership, an

5   unincorporated association, a trust, or any similar form

6   of business organization, the names and residence address

7   of the proprietor or of each partner, member, officer,

8   director, trustee, or manager.

9   3. A statement that the applicant has been approved

10  for registration under the Retailers' Occupation Tax Act

11  by the Department of Revenue. However, this requirement

12  does not apply to a dealer who is already licensed

13  hereunder with the Secretary of State, and who is merely

14  applying for a renewal of his license. As evidence of this

15  fact, the application shall be accompanied by a

16  certification from the Department of Revenue showing that

17  the Department has approved the applicant for registration

18  under the Retailers' Occupation Tax Act.

19  4. A statement that the applicant has complied with

20  the appropriate liability insurance requirement. A

21  Certificate of Insurance in a solvent company authorized

22  to do business in the State of Illinois shall be included

23  with each application covering each location at which he

24  proposes to act as a used vehicle dealer. The policy must

25  provide liability coverage in the minimum amounts of

26  $100,000 for bodily injury to, or death of, any person,
    SB2394 Enrolled  - 2647 - LRB104 09208 AMC 19265 b

1   $300,000 for bodily injury to, or death of, 2 two or more

2   persons in any one crash, and $50,000 for damage to

3   property. Such policy shall expire not sooner than

4   December 31 of the year for which the license was issued or

5   renewed. The expiration of the insurance policy shall not

6   terminate the liability under the policy arising during

7   the period for which the policy was filed. Trailer and

8   mobile home dealers are exempt from this requirement.

9   If the permitted user has a liability insurance policy

10  that provides automobile liability insurance coverage of

11  at least $100,000 for bodily injury to or the death of any

12  person, $300,000 for bodily injury to or the death of any 2

13  or more persons in any one crash, and $50,000 for damage to

14  property, then the permitted user's insurer shall be the

15  primary insurer and the dealer's insurer shall be the

16  secondary insurer. If the permitted user does not have a

17  liability insurance policy that provides automobile

18  liability insurance coverage of at least $100,000 for

19  bodily injury to or the death of any person, $300,000 for

20  bodily injury to or the death of any 2 or more persons in

21  any one crash, and $50,000 for damage to property, or does

22  not have any insurance at all, then the dealer's insurer

23  shall be the primary insurer and the permitted user's

24  insurer shall be the secondary insurer.

25  When a permitted user is "test driving" a used vehicle

26  dealer's automobile, the used vehicle dealer's insurance
    SB2394 Enrolled         - 2648 - LRB104 09208 AMC 19265 b

1   shall be primary and the permitted user's insurance shall

2   be secondary.

3   As used in this paragraph 4, a "permitted user" is a

4   person who, with the permission of the used vehicle dealer

5   or an employee of the used vehicle dealer, drives a

6   vehicle owned and held for sale or lease by the used

7   vehicle dealer which the person is considering to purchase

8   or lease, in order to evaluate the performance,

9   reliability, or condition of the vehicle. The term

10  "permitted user" also includes a person who, with the

11  permission of the used vehicle dealer, drives a vehicle

12  owned or held for sale or lease by the used vehicle dealer

13  for loaner purposes while the user's vehicle is being

14  repaired or evaluated.

15  As used in this paragraph 4, "test driving" occurs

16  when a permitted user who, with the permission of the used

17  vehicle dealer or an employee of the used vehicle dealer,

18  drives a vehicle owned and held for sale or lease by a used

19  vehicle dealer that the person is considering to purchase

20  or lease, in order to evaluate the performance,

21  reliability, or condition of the vehicle.

22  As used in this paragraph 4, "loaner purposes" means

23  when a person who, with the permission of the used vehicle

24  dealer, drives a vehicle owned or held for sale or lease by

25  the used vehicle dealer while the user's vehicle is being

26  repaired or evaluated.
    SB2394 Enrolled  - 2649 - LRB104 09208 AMC 19265 b

1   5. An application for a used vehicle dealer's license

2   shall be accompanied by the following license fees:

3   (A) $1,000 for applicant's established place of

4   business, and $50 for each additional place of

5   business, if any, to which the application pertains;

6   however, if the application is made after June 15 of

7   any year, the license fee shall be $500 for

8   applicant's established place of business plus $25 for

9   each additional place of business, if any, to which

10  the application pertains. License fees shall be

11  returnable only in the event that the application is

12  denied by the Secretary of State. Of the money

13  received by the Secretary of State as license fees

14  under this subparagraph (A) for the 2004 licensing

15  year and thereafter, 95% shall be deposited into the

16  General Revenue Fund.

17  (B) Except for dealers selling 25 or fewer

18  automobiles or as provided in subsection (h) of

19  Section 5-102.7 of this Code, an Annual Dealer

20  Recovery Fund Fee in the amount of $500 for the

21  applicant's established place of business, and $50 for

22  each additional place of business, if any, to which

23  the application pertains; but if the application is

24  made after June 15 of any year, the fee shall be $250

25  for the applicant's established place of business plus

26  $25 for each additional place of business, if any, to
    SB2394 Enrolled      - 2650 - LRB104 09208 AMC 19265 b

1   which the application pertains. For a license renewal

2   application, the fee shall be based on the amount of

3   automobiles sold in the past year according to the

4   following formula:

5                    (1) $0 for dealers selling 25 or fewer less

6          automobiles;

7                    (2) $150 for dealers selling more than 25 but

8          fewer less than 200 automobiles;

9                    (3) $300 for dealers selling 200 or more

10         automobiles but fewer less than 300 automobiles;

11         and

12                   (4) $500 for dealers selling 300 or more

13         automobiles.

14         License fees shall be returnable only in the event

15  that the application is denied by the Secretary of

16  State. Moneys received under this subparagraph (B)

17  shall be deposited into the Dealer Recovery Trust

18  Fund.

19  6. A statement that the applicant's officers,

20  directors, shareholders having a 10% or greater ownership

21  interest therein, proprietor, partner, member, officer,

22  director, trustee, manager, or other principals in the

23  business have not committed in the past 3 years any one

24  violation as determined in any civil, criminal, or

25  administrative proceedings of any one of the following

26  Acts:
    SB2394 Enrolled  - 2651 - LRB104 09208 AMC 19265 b

1   (A) Article I of Chapter 4 of this Code The

2   Anti-Theft Laws of the Illinois Vehicle Code;

3   (B) Article I of Chapter 3 of this Code The

4   Certificate of Title Laws of the Illinois Vehicle

5   Code;

6   (C) Article VII of Chapter 3 of this Code The

7   Offenses against Registration and Certificates of

8   Title Laws of the Illinois Vehicle Code;

9   (D) Chapter 5 of this Code The Dealers,

10  Transporters, Wreckers and Rebuilders Laws of the

11  Illinois Vehicle Code;

12  (E) Section 21-2 of the Criminal Code of 1961 or

13  the Criminal Code of 2012, Criminal Trespass to

14  Vehicles; or

15  (F) The Retailers' Occupation Tax Act.

16  7. A statement that the applicant's officers,

17  directors, shareholders having a 10% or greater ownership

18  interest therein, proprietor, partner, member, officer,

19  director, trustee, manager, or other principals in the

20  business have not committed in any calendar year 3 or more

21  violations, as determined in any civil, criminal, or

22  administrative proceedings, of any one or more of the

23  following Acts:

24  (A) The Consumer Finance Act;

25  (B) The Consumer Installment Loan Act;

26  (C) The Retail Installment Sales Act;
    SB2394 Enrolled  - 2652 - LRB104 09208 AMC 19265 b

1   (D) The Motor Vehicle Retail Installment Sales

2   Act;

3   (E) The Interest Act;

4   (F) The Illinois Wage Assignment Act;

5   (G) Part 8 of Article XII of the Code of Civil

6   Procedure; or

7   (H) The Consumer Fraud and Deceptive Business

8   Practices Act.

9   7.5. A statement that, within 10 years of application,

10  each officer, director, shareholder having a 10% or

11  greater ownership interest therein, proprietor, partner,

12  member, officer, director, trustee, manager, or other

13  principal in the business of the applicant has not

14  committed, as determined in any civil, criminal, or

15  administrative proceeding, in any calendar year one or

16  more forcible felonies under the Criminal Code of 1961 or

17  the Criminal Code of 2012, or a violation of either or both

18  Article 16 or 17 of the Criminal Code of 1961 or a

19  violation of either or both Article 16 or 17 of the

20  Criminal Code of 2012, Article 29B of the Criminal Code of

21  1961 or the Criminal Code of 2012, or a similar

22  out-of-state offense. For the purposes of this paragraph,

23  "forcible felony" has the meaning provided in Section 2-8

24  of the Criminal Code of 2012.

25  8. A bond or Certificate of Deposit in the amount of

26  $50,000 for each location at which the applicant intends
    SB2394 Enrolled        - 2653 - LRB104 09208 AMC 19265 b

1   to act as a used vehicle dealer. The bond shall be for the

2   term of the license, or its renewal, for which application

3   is made, and shall expire not sooner than December 31 of

4   the year for which the license was issued or renewed. The

5   bond shall run to the People of the State of Illinois, with

6   surety by a bonding or insurance company authorized to do

7   business in this State. It shall be conditioned upon the

8   proper transmittal of all title and registration fees and

9   taxes (excluding taxes under the Retailers' Occupation Tax

10  Act) accepted by the applicant as a used vehicle dealer.

11  9. Such other information concerning the business of

12  the applicant as the Secretary of State may by rule or

13  regulation prescribe.

14  10. A statement that the applicant understands Chapter

15  1 through Chapter 5 of this Code.

16  11. A copy of the certification from the prelicensing

17  education program.

18  12. The full name, address, and contact information of

19  each of the dealer's agents or legal representatives who

20  is an Illinois resident and liable for the performance of

21  the dealership.

22  (c) Any change which renders no longer accurate any

23 information contained in any application for a used vehicle

24 dealer's license shall be amended within 30 days after the

25 occurrence of each change on such form as the Secretary of

26 State may prescribe by rule or regulation, accompanied by an
    SB2394 Enrolled        - 2654 - LRB104 09208 AMC 19265 b

1 amendatory fee of $2.

2   (d) Anything in this Chapter to the contrary

3 notwithstanding, no person shall be licensed as a used vehicle

4 dealer unless such person maintains an established place of

5 business as defined in this Chapter.

6   (e) The Secretary of State shall, within a reasonable time

7 after receipt, examine an application submitted to him under

8 this Section. Unless the Secretary makes a determination that

9 the application submitted to him does not conform to this

10 Section or that grounds exist for a denial of the application

11 under Section 5-501 of this Chapter, he must grant the

12 applicant an original used vehicle dealer's license in writing

13 for his established place of business and a supplemental

14 license in writing for each additional place of business in

15 such form as he may prescribe by rule or regulation which shall

16 include the following:

17  1. The name of the person licensed;

18  2. If a corporation, the name and address of its

19  officers or if a sole proprietorship, a partnership, an

20  unincorporated association or any similar form of business

21  organization, the name and address of the proprietor or of

22  each partner, member, officer, director, trustee, or

23  manager;

24  3. In case of an original license, the established

25  place of business of the licensee;

26  4. In the case of a supplemental license, the
    SB2394 Enrolled    - 2655 - LRB104 09208 AMC 19265 b

1   established place of business of the licensee and the

2   additional place of business to which such supplemental

3   license pertains;

4   5. The full name, address, and contact information of

5   each of the dealer's agents or legal representatives who

6   is an Illinois resident and liable for the performance of

7   the dealership.

8   (f) The appropriate instrument evidencing the license or a

9 certified copy thereof, provided by the Secretary of State

10 shall be kept posted, conspicuously, in the established place

11 of business of the licensee and in each additional place of

12 business, if any, maintained by such licensee.

13  (g) Except as provided in subsection (h) of this Section,

14 all used vehicle dealer's licenses granted under this Section

15 expire by operation of law on December 31 of the calendar year

16 for which they are granted unless sooner revoked or cancelled

17 under Section 5-501 of this Chapter.

18  (h) A used vehicle dealer's license may be renewed upon

19 application and payment of the fee required herein, and

20 submission of proof of coverage by an approved bond under the

21 Retailers' Occupation Tax Act or proof that applicant is not

22 subject to such bonding requirements, as in the case of an

23 original license, but in case an application for the renewal

24 of an effective license is made during the month of December,

25 the effective license shall remain in force until the

26 application for renewal is granted or denied by the Secretary
    SB2394 Enrolled        - 2656 - LRB104 09208 AMC 19265 b

1 of State.

2   (i) All persons licensed as a used vehicle dealer are

3 required to furnish each purchaser of a motor vehicle:

4   1. A certificate of title properly assigned to the

5   purchaser;

6   2. A statement verified under oath that all

7   identifying numbers on the vehicle agree with those on the

8   certificate of title;

9   3. A bill of sale properly executed on behalf of such

10  person;

11  4. A copy of the Uniform Invoice-transaction reporting

12  return referred to in Section 5-402 of this Chapter;

13  5. In the case of a rebuilt vehicle, a copy of the

14  Disclosure of Rebuilt Vehicle Status; and

15  6. In the case of a vehicle for which the warranty has

16  been reinstated, a copy of the warranty.

17  (j) A real estate broker holding a valid certificate of

18 registration issued pursuant to "The Real Estate Brokers and

19 Salesmen License Act" may engage in the business of selling or

20 dealing in house trailers not his own without being licensed

21 as a used vehicle dealer under this Section; however such

22 broker shall maintain a record of the transaction including

23 the following:

24  (1) the name and address of the buyer and seller,

25  (2) the date of sale,

26  (3) a description of the mobile home, including the
    SB2394 Enrolled  - 2657 - LRB104 09208 AMC 19265 b

1   vehicle identification number, make, model, and year, and

2   (4) the Illinois certificate of title number.

3   The foregoing records shall be available for inspection by

4 any officer of the Secretary of State's Office at any

5 reasonable hour.

6   (k) Except at the time of sale or repossession of the

7 vehicle, no person licensed as a used vehicle dealer may issue

8 any other person a newly created key to a vehicle unless the

9 used vehicle dealer makes a color photocopy or electronic scan

10 of the driver's license or State identification card of the

11 person requesting or obtaining the newly created key. The used

12 vehicle dealer must retain the photocopy or scan for 30 days.

13  A used vehicle dealer who violates this subsection (k) is

14 guilty of a petty offense. Violation of this subsection (k) is

15 not cause to suspend, revoke, cancel, or deny renewal of the

16 used vehicle dealer's license.

17  (l) Used vehicle dealers licensed under this Section shall

18 provide the Secretary of State a register for the sale at

19 auction of each salvage or junk certificate vehicle. Each

20 register shall include the following information:

21  1. The year, make, model, style, and color of the

22  vehicle;

23  2. The vehicle's manufacturer's identification number

24  or, if applicable, the Secretary of State or Illinois

25  State Police identification number;

26  3. The date of acquisition of the vehicle;
    SB2394 Enrolled          - 2658 - LRB104 09208 AMC 19265 b

1   4. The name and address of the person from whom the

2   vehicle was acquired;

3   5. The name and address of the person to whom any

4   vehicle was disposed, the person's Illinois license

5   number, or, if the person is an out-of-state salvage

6   vehicle buyer, the license number from the state or

7   jurisdiction where the buyer is licensed; and

8   6. The purchase price of the vehicle.

9   The register shall be submitted to the Secretary of State

10 via written or electronic means within 10 calendar days from

11 the date of the auction.

12  (m) If a licensee under this Section voluntarily

13 surrenders a license to the Illinois Secretary of State Police

14 or a representative of the Secretary of State Vehicle Services

15 Department due to the licensee's inability to adhere to

16 recordkeeping provisions, or the inability to properly issue

17 certificates of title or registrations under this Code, or the

18 Secretary revokes a license under this Section, then the

19 licensee and the licensee's agent, designee, or legal

20 representative, if applicable, may not be named on a new

21 application for a licensee under this Section or under this

22 Chapter, nor is the licensee or the licensee's agent,

23 designee, or legal representative permitted to work for

24 another licensee under this Chapter in a recordkeeping,

25 management, or financial position or as an employee who

26 handles certificate of title and registration documents and
    SB2394 Enrolled     - 2659 - LRB104 09208 AMC 19265 b

1 applications.
2 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
3 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff.
4 7-1-23; revised 10-23-24.)

5   (625 ILCS 5/6-110)

6   Sec. 6-110. Licenses issued to drivers.

7   (a) The Secretary of State shall issue to every qualifying

8 applicant a driver's license as applied for, which license

9 shall bear a distinguishing number assigned to the licensee,

10 the legal name, signature, zip code, date of birth, residence

11 address, and a brief description of the licensee.

12  Licenses issued shall also indicate the classification and

13 the restrictions under Section 6-104 of this Code. The

14 Secretary may adopt rules to establish informational

15 restrictions that can be placed on the driver's license

16 regarding specific conditions of the licensee.

17  A driver's license issued may, in the discretion of the

18 Secretary, include a suitable photograph of a type prescribed

19 by the Secretary.

20  (a-1) If the licensee is less than 18 years of age, unless

21 one of the exceptions in subsection (a-2) apply, the license

22 shall, as a matter of law, be invalid for the operation of any

23 motor vehicle during the following times:

24  (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;

25  (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
    SB2394 Enrolled  - 2660 - LRB104 09208 AMC 19265 b

1   Sunday; and

2   (C) Between 10:00 p.m. on Sunday to Thursday,

3   inclusive, and 6:00 a.m. on the following day.

4   (a-2) The driver's license of a person under the age of 18

5 shall not be invalid as described in subsection (a-1) of this

6 Section if the licensee under the age of 18 was:

7   (1) accompanied by the licensee's parent or guardian

8   or other person in custody or control of the minor;

9   (2) on an errand at the direction of the minor's

10  parent or guardian, without any detour or stop;

11  (3) in a motor vehicle involved in interstate travel;

12  (4) going to or returning home from an employment

13  activity, without any detour or stop;

14  (5) involved in an emergency;

15  (6) going to or returning home from, without any

16  detour or stop, an official school, religious, or other

17  recreational activity supervised by adults and sponsored

18  by a government or governmental agency, a civic

19  organization, or another similar entity that takes

20  responsibility for the licensee, without any detour or

21  stop;

22  (7) exercising First Amendment rights protected by the

23  United States Constitution, such as the free exercise of

24  religion, freedom of speech, and the right of assembly; or

25  (8) married or had been married or is an emancipated

26  minor under the Emancipation of Minors Act.
    SB2394 Enrolled  - 2661 - LRB104 09208 AMC 19265 b

1   (a-2.5) The driver's license of a person who is 17 years of

2 age and has been licensed for at least 12 months is not invalid

3 as described in subsection (a-1) of this Section while the

4 licensee is participating as an assigned driver in a Safe

5 Rides program that meets the following criteria:

6        (1) the program is sponsored by the Boy Scouts of

7   America or another national public service organization;

8   and

9        (2) the sponsoring organization carries liability

10  insurance covering the program.

11  (a-3) If a graduated driver's license holder over the age

12 of 18 committed an offense against traffic regulations

13 governing the movement of vehicles or any violation of Section

14 6-107 or Section 12-603.1 of this Code in the 6 months prior to

15 the graduated driver's license holder's 18th birthday, and was

16 subsequently convicted of the offense, the provisions of

17 subsection (a-1) shall continue to apply until such time as a

18 period of 6 consecutive months has elapsed without an

19 additional violation and subsequent conviction of an offense

20 against traffic regulations governing the movement of vehicles

21 or Section 6-107 or Section 12-603.1 of this Code.

22  (a-4) If an applicant for a driver's license or

23 instruction permit has a current identification card issued by

24 the Secretary of State, the Secretary may require the

25 applicant to utilize the same residence address and name on

26 the identification card, driver's license, and instruction
    SB2394 Enrolled  - 2662 - LRB104 09208 AMC 19265 b

1 permit records maintained by the Secretary. The Secretary may

2 promulgate rules to implement this provision.

3   (a-5) If an applicant for a driver's license is an

4 employee of the Department of Children and Family Services

5 with a job title of "Child Protection Specialist Trainee",

6 "Child Protection Specialist", "Child Protection Advanced

7 Specialist", "Child Welfare Specialist Trainee", "Child

8 Welfare Specialist", or "Child Welfare Advanced Specialist" or

9 a judicial officer or a peace officer, the applicant may elect

10 to have his or her office or work address listed on the license

11 instead of the applicant's residence or mailing address. The

12 Secretary of State shall adopt rules to implement this

13 subsection (a-5). For the purposes of this subsection (a-5),

14 "peace officer" means any person who by virtue of his or her

15 office or public employment is vested by law with a duty to

16 maintain public order or to make arrests for a violation of any

17 penal statute of this State, whether that duty extends to all

18 violations or is limited to specific violations.

19  (b) Until the Secretary of State establishes a First

20 Person Consent organ and tissue donor registry under Section

21 6-117 of this Code, the Secretary of State shall provide a

22 format on the reverse of each driver's license issued which

23 the licensee may use to execute a document of gift conforming

24 to the provisions of the Illinois Anatomical Gift Act. The

25 format shall allow the licensee to indicate the gift intended,

26 whether specific organs, any organ, or the entire body, and
    SB2394 Enrolled           - 2663 - LRB104 09208 AMC 19265 b

1 shall accommodate the signatures of the donor and 2 witnesses.

2 The Secretary shall also inform each applicant or licensee of

3 this format, describe the procedure for its execution, and may

4 offer the necessary witnesses; provided that in so doing, the

5 Secretary shall advise the applicant or licensee that he or

6 she is under no compulsion to execute a document of gift. A

7 brochure explaining this method of executing an anatomical

8 gift document shall be given to each applicant or licensee.

9 The brochure shall advise the applicant or licensee that he or

10 she is under no compulsion to execute a document of gift, and

11 that he or she may wish to consult with family, friends, or

12 clergy before doing so. The Secretary of State may undertake

13 additional efforts, including education and awareness

14 activities, to promote organ and tissue donation.

15  (c) The Secretary of State shall designate on each

16 driver's license issued a space where the licensee may place a

17 sticker or decal of the uniform size as the Secretary may

18 specify, which sticker or decal may indicate in appropriate

19 language that the owner of the license carries an Emergency

20 Medical Information Card.

21  The sticker may be provided by any person, hospital,

22 school, medical group, or association interested in assisting

23 in implementing the Emergency Medical Information Card, but

24 shall meet the specifications as the Secretary may by rule or

25 regulation require.

26  (d) The Secretary of State shall designate on each
    SB2394 Enrolled        - 2664 - LRB104 09208 AMC 19265 b

1 driver's license issued a space where the licensee may

2 indicate his blood type and RH factor.

3   (e) The Secretary of State shall provide that each

4 original or renewal driver's license issued to a licensee

5 under 21 years of age shall be of a distinct nature from those

6 driver's licenses issued to individuals 21 years of age and

7 older. The color designated for driver's licenses for

8 licensees under 21 years of age shall be at the discretion of

9 the Secretary of State.

10  (e-1) The Secretary shall provide that each driver's

11 license issued to a person under the age of 21 displays the

12 date upon which the person becomes 18 years of age and the date

13 upon which the person becomes 21 years of age.

14  (e-3) The General Assembly recognizes the need to identify

15 military veterans living in this State for the purpose of

16 ensuring that they receive all of the services and benefits to

17 which they are legally entitled, including health care

18 healthcare, education assistance, and job placement. To assist

19 the State in identifying these veterans and delivering these

20 vital services and benefits, the Secretary of State is

21 authorized to issue drivers' licenses with the word "veteran"

22 appearing on the face of the licenses. This authorization is

23 predicated on the unique status of veterans. The Secretary may

24 not issue any other driver's license which identifies an

25 occupation, status, affiliation, hobby, or other unique

26 characteristics of the license holder which is unrelated to
    SB2394 Enrolled             - 2665 - LRB104 09208 AMC 19265 b

1 the purpose of the driver's license.

2   (e-5) Beginning on or before July 1, 2015, the Secretary

3 of State shall designate a space on each original or renewal

4 driver's license where, at the request of the applicant, the

5 word "veteran" shall be placed. The veteran designation shall

6 be available to a person identified as a veteran under

7 subsection (e) of Section 6-106 of this Code who was

8 discharged or separated under honorable conditions.

9   (e-7) Upon providing the required documentation, at the

10 request of the applicant, the driver's license may reflect

11 Gold Star Family designation. The Secretary shall designate a

12 space on each original or renewal driver's license for such

13 designation. This designation shall be available to a person

14 eligible for Gold Star license plates under subsection (f) of

15 Section 6-106 of this Code.

16  (f) The Secretary of State shall inform all Illinois

17 licensed commercial motor vehicle operators of the

18 requirements of the Uniform Commercial Driver License Act,

19 Article V of this Chapter, and shall make provisions to insure

20 that all drivers, seeking to obtain a commercial driver's

21 license, be afforded an opportunity prior to April 1, 1992, to

22 obtain the license. The Secretary is authorized to extend

23 driver's license expiration dates, and assign specific times,

24 dates and locations where these commercial driver's tests

25 shall be conducted. Any applicant, regardless of the current

26 expiration date of the applicant's driver's license, may be
    SB2394 Enrolled     - 2666 - LRB104 09208 AMC 19265 b

1 subject to any assignment by the Secretary. Failure to comply

2 with the Secretary's assignment may result in the applicant's

3 forfeiture of an opportunity to receive a commercial driver's

4 license prior to April 1, 1992.

5   (g) The Secretary of State shall designate on a driver's

6 license issued, a space where the licensee may indicate that

7 he or she has drafted a living will in accordance with the

8 Illinois Living Will Act or a durable power of attorney for

9 health care in accordance with the Illinois Power of Attorney

10 Act.

11  (g-1) The Secretary of State, in his or her discretion,

12 may designate on each driver's license issued a space where

13 the licensee may place a sticker or decal, issued by the

14 Secretary of State, of uniform size as the Secretary may

15 specify, that shall indicate in appropriate language that the

16 owner of the license has renewed his or her driver's license.

17  (h) A person who acts in good faith in accordance with the

18 terms of this Section is not liable for damages in any civil

19 action or subject to prosecution in any criminal proceeding

20 for his or her act.

21  (i) The Secretary shall designate a space on each original

22 or renewal of a driver's license, at the request of the

23 applicant, for a designation as a Gold Star Family. This

24 designation shall be available to a person eligible for Gold

25 Star license plates under subsection (f) of Section 6-106 of

26 this Code.
    SB2394 Enrolled     - 2667 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25;
2 revised 11-26-24.)

3   (625 ILCS 5/6-118)

4   Sec. 6-118. Fees.

5   (a) The fees for licenses and permits under this Article

6 are as follows:

7   Original 4-year driver's license .................... $30

8   Original 8-year driver's license issued under

9   subsection (a-3) of Section 6-115 ................ $60

10  Original driver's license issued

11  to 18, 19, and 20 year olds ...................... $5

12  All driver's licenses for persons

13  age 69 through age 80 ............................ $5

14  All driver's licenses for persons

15  age 81 through age 86 ............................ $2

16  All driver's licenses for persons

17  age 87 or older .................................... $0

18  Renewal 4-year driver's license (except for

19  applicants, age 69 and older) .................... $30

20  Renewal 8-year driver's license issued under

21  subsection (a-3) of Section 6-115 (except

22  for applicants age 69 and older) ................ $60

23  Original instruction permit issued to

24  persons (except those age 69 and older)

25  who do not hold or have not previously
    SB2394 Enrolled  - 2668 - LRB104 09208 AMC 19265 b

1   held an Illinois instruction permit or

2   driver's license ................................ $20

3   Instruction permit issued to any person

4   holding an Illinois driver's license

5   who wishes a change in classifications,

6   other than at the time of renewal ................ $5

7   Any instruction permit issued to a person

8   age 69 and older ................................ $5

9   Instruction permit issued to any person,

10  under age 69, not currently holding a

11  valid Illinois driver's license or

12  instruction permit but who has

13  previously been issued either document

14  in Illinois ...................................... $10

15  Restricted driving permit ............................ $8

16  Monitoring device driving permit .................... $8

17  Duplicate or corrected driver's license

18  or permit ........................................ $5

19  Duplicate or corrected restricted

20  driving permit .................................. $5

21  Duplicate or corrected monitoring

22  device driving permit ............................ $5

23  Duplicate driver's license or permit issued to

24  an active-duty member of the

25  United States Armed Forces,

26  the member's spouse, or
    SB2394 Enrolled      - 2669 - LRB104 09208 AMC 19265 b

1   the dependent children living

2   with the member .................................. $0

3   Original or renewal M or L endorsement .............. $5

4 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

5   The fees for commercial driver licenses and permits

6   under Article V shall be as follows:

7   Commercial driver's license:

8   $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund

9   (Commercial Driver's License Information

10  System/American Association of Motor Vehicle

11  Administrators network/National Motor Vehicle

12  Title Information Service Trust Fund);

13  $20 for the Motor Carrier Safety Inspection Fund;

14  $10 for the driver's license;

15  and $24 for the CDL: ............................ $60

16  Renewal commercial driver's license:

17  $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

18  $20 for the Motor Carrier Safety Inspection Fund;

19  $10 for the driver's license; and

20  $24 for the CDL: ................................ $60

21  Commercial learner's permit

22  issued to any person holding a valid

23  Illinois driver's license for the

24  purpose of changing to a

25  CDL classification:

26  $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
    SB2394 Enrolled  - 2670 - LRB104 09208 AMC 19265 b

1   $20 for the Motor Carrier Safety Inspection Fund; and

2   $24 for the CDL classification .................. $50

3   Commercial learner's permit

4   issued to any person holding a valid

5   Illinois CDL for the purpose of

6   making a change in a classification,

7   endorsement or restriction ...................... $5

8   CDL duplicate or corrected license .................. $5

9   In order to ensure the proper implementation of the

10 Uniform Commercial Driver License Act, Article V of this

11 Chapter, the Secretary of State is empowered to prorate the

12 $24 fee for the commercial driver's license proportionate to

13 the expiration date of the applicant's Illinois driver's

14 license.

15  The fee for any duplicate license or permit shall be

16 waived for any person who presents the Secretary of State's

17 office with a police report showing that his license or permit

18 was stolen.

19  The fee for any duplicate license or permit shall be

20 waived for any person age 60 or older whose driver's license or

21 permit has been lost or stolen.

22  No additional fee shall be charged for a driver's license,

23 or for a commercial driver's license, when issued to the

24 holder of an instruction permit for the same classification or

25 type of license who becomes eligible for such license.

26  The fee for a restricted driving permit under this
    SB2394 Enrolled  - 2671 - LRB104 09208 AMC 19265 b

1 subsection (a) shall be imposed annually until the expiration

2 of the permit.

3   (a-5) The fee for a driver's record or data contained

4 therein is $20 and shall be disbursed as set forth in

5 subsection (k) of Section 2-123 of this Code.

6   (b) Any person whose license or privilege to operate a

7 motor vehicle in this State has been suspended or revoked

8 under Section 3-707, any provision of Chapter 6, Chapter 11,

9 or Section 7-205, 7-303, or 7-702 of the Illinois Safety and

10 Family Financial Responsibility Law of this Code, shall in

11 addition to any other fees required by this Code, pay a

12 reinstatement fee as follows:

13  Suspension under Section 3-707 .................... $100

14  Suspension under Section 11-1431 .................... $100

15  Summary suspension under Section 11-501.1 ............ $250

16  Suspension under Section 11-501.9 .................... $250

17  Summary revocation under Section 11-501.1 ............ $500

18  Other suspension .................................... $70

19  Revocation .......................................... $500

20  However, any person whose license or privilege to operate

21 a motor vehicle in this State has been suspended or revoked for

22 a second or subsequent time for a violation of Section 11-501,

23 11-501.1, or 11-501.9 of this Code or a similar provision of a

24 local ordinance or a similar out-of-state offense or Section

25 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012

26 and each suspension or revocation was for a violation of
    SB2394 Enrolled          - 2672 - LRB104 09208 AMC 19265 b

1 Section 11-501, 11-501.1, or 11-501.9 of this Code or a

2 similar provision of a local ordinance or a similar

3 out-of-state offense or Section 9-3 of the Criminal Code of

4 1961 or the Criminal Code of 2012 shall pay, in addition to any

5 other fees required by this Code, a reinstatement fee as

6 follows:

7   Summary suspension under Section 11-501.1 ............ $500

8   Suspension under Section 11-501.9 .................... $500

9   Summary revocation under Section 11-501.1 ............ $500

10  Revocation .......................................... $500

11  (c) All fees collected under the provisions of this

12 Chapter 6 shall be disbursed under subsection (g) of Section

13 2-119 of this Code, except as follows:

14  1. The following amounts shall be paid into the

15  Drivers Education Fund:

16          (A) $16 of the $20 fee for an original driver's

17  instruction permit;

18          (B) one-sixth of the fee for an original driver's

19  license;

20          (C) one-sixth of the fee for a renewal driver's

21  license;

22          (D) $4 of the $8 fee for a restricted driving

23  permit; and

24          (E) $4 of the $8 fee for a monitoring device

25  driving permit.

26  2. $30 of the $250 fee for reinstatement of a license
    SB2394 Enrolled       - 2673 - LRB104 09208 AMC 19265 b

1   summarily suspended under Section 11-501.1 or suspended

2   under Section 11-501.9 shall be deposited into the Drunk

3   and Drugged Driving Prevention Fund. However, for a person

4   whose license or privilege to operate a motor vehicle in

5   this State has been suspended or revoked for a second or

6   subsequent time for a violation of Section 11-501,

7   11-501.1, or 11-501.9 of this Code or Section 9-3 of the

8   Criminal Code of 1961 or the Criminal Code of 2012, $190 of

9   the $500 fee for reinstatement of a license summarily

10  suspended under Section 11-501.1 or suspended under

11  Section 11-501.9, and $190 of the $500 fee for

12  reinstatement of a revoked license shall be deposited into

13  the Drunk and Drugged Driving Prevention Fund. $190 of the

14  $500 fee for reinstatement of a license summarily revoked

15  pursuant to Section 11-501.1 shall be deposited into the

16  Drunk and Drugged Driving Prevention Fund.

17  3. $6 of the original or renewal fee for a commercial

18  driver's license and $6 of the commercial learner's permit

19  fee when the permit is issued to any person holding a valid

20  Illinois driver's license, shall be paid into the

21  CDLIS/AAMVAnet/NMVTIS Trust Fund.

22  4. $30 of the $70 fee for reinstatement of a license

23  suspended under the Illinois Safety and Family Financial

24  Responsibility Law shall be paid into the Family

25  Responsibility Fund.

26  5. The $5 fee for each original or renewal M or L
    SB2394 Enrolled        - 2674 - LRB104 09208 AMC 19265 b

1   endorsement shall be deposited into the Cycle Rider Safety

2   Training Fund.

3   6. $20 of any original or renewal fee for a commercial

4   driver's license or commercial learner's permit shall be

5   paid into the Motor Carrier Safety Inspection Fund.

6   7. The following amounts shall be paid into the

7   General Revenue Fund:

8        (A) $190 of the $250 reinstatement fee for a

9   summary suspension under Section 11-501.1 or a

10  suspension under Section 11-501.9;

11       (B) $40 of the $70 reinstatement fee for any other

12  suspension provided in subsection (b) of this Section;

13  and

14       (C) $440 of the $500 reinstatement fee for a first

15  offense revocation and $310 of the $500 reinstatement

16  fee for a second or subsequent revocation.

17  8. Fees collected under paragraph (4) of subsection

18  (d) and subsection (h) of Section 6-205 of this Code;

19  subparagraph (C) of paragraph 3 of subsection (c) of

20  Section 6-206 of this Code; and paragraph (4) of

21  subsection (a) of Section 6-206.1 of this Code, shall be

22  paid into the funds set forth in those Sections.

23  (d) All of the proceeds of the additional fees imposed by

24 Public Act 96-34 this amendatory Act of the 96th General

25 Assembly shall be deposited into the Capital Projects Fund.

26  (e) The additional fees imposed by Public Act 96-38 this
    SB2394 Enrolled        - 2675 - LRB104 09208 AMC 19265 b

1 amendatory Act of the 96th General Assembly shall become

2 effective 90 days after becoming law. The additional fees

3 imposed by Public Act 103-8 this amendatory Act of the 103rd

4 General Assembly shall become effective July 1, 2023 and shall

5 be paid into the Secretary of State Special Services Fund.

6   (f) As used in this Section, "active-duty member of the

7 United States Armed Forces" means a member of the Armed

8 Services or Reserve Forces of the United States or a member of

9 the Illinois National Guard who is called to active duty

10 pursuant to an executive order of the President of the United

11 States, an act of the Congress of the United States, or an

12 order of the Governor.

13 (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24;

14 103-872, eff. 1-1-25; revised 11-26-24.)

15  (625 ILCS 5/6-209.1)

16  Sec. 6-209.1. Restoration of driving privileges;

17 revocation; suspension; cancellation.

18  (a) The Secretary shall rescind the suspension or

19 cancellation of a person's driver's license that has been

20 suspended or canceled before July 1, 2020 (the effective date

21 of Public Act 101-623) due to:

22  (1) the person being convicted of theft of motor fuel

23  under Section 16-25 or 16K-15 of the Criminal Code of 1961

24  or the Criminal Code of 2012;

25  (2) the person, since the issuance of the driver's
    SB2394 Enrolled  - 2676 - LRB104 09208 AMC 19265 b

1   license, being adjudged to be afflicted with or suffering

2   from any mental disability or disease;

3   (3) a violation of Section 6-16 of the Liquor Control

4   Act of 1934 or a similar provision of a local ordinance;

5   (4) the person being convicted of a violation of

6   Section 6-20 of the Liquor Control Act of 1934 or a similar

7   provision of a local ordinance, if the person presents a

8   certified copy of a court order that includes a finding

9   that the person was not an occupant of a motor vehicle at

10  the time of the violation;

11  (5) the person receiving a disposition of court

12  supervision for a violation of subsection (a), (d), or (e)

13  of Section 6-20 of the Liquor Control Act of 1934 or a

14  similar provision of a local ordinance, if the person

15  presents a certified copy of a court order that includes a

16  finding that the person was not an occupant of a motor

17  vehicle at the time of the violation;

18  (6) the person failing to pay any fine or penalty due

19  or owing as a result of 10 or more violations of a

20  municipality's or county's vehicular standing, parking, or

21  compliance regulations established by ordinance under

22  Section 11-208.3 of this Code;

23  (7) the person failing to satisfy any fine or penalty

24  resulting from a final order issued by the Illinois State

25  Toll Highway Authority relating directly or indirectly to

26  5 or more toll violations, toll evasions, or both;
    SB2394 Enrolled      - 2677 - LRB104 09208 AMC 19265 b

1   (8) the person being convicted of a violation of

2   Section 4-102 of this Code, if the person presents a

3   certified copy of a court order that includes a finding

4   that the person did not exercise actual physical control

5   of the vehicle at the time of the violation; or

6   (9) the person being convicted of criminal trespass to

7   vehicles under Section 21-2 of the Criminal Code of 2012,

8   if the person presents a certified copy of a court order

9   that includes a finding that the person did not exercise

10  actual physical control of the vehicle at the time of the

11  violation.

12  (b) As soon as practicable and no later than July 1, 2021,

13 the Secretary shall rescind the suspension, cancellation, or

14 prohibition of renewal of a person's driver's license that has

15 been suspended, canceled, or whose renewal has been prohibited

16 before July 1, 2021 (the effective date of Public Act 101-652)

17 this amendatory Act of the 101st General Assembly due to the

18 person having failed to pay any fine or penalty for traffic

19 violations, automated traffic law enforcement system

20 violations as defined in Sections 11-208.6, and 11-208.8,

21 11-208.9, and 11-1201.1, or abandoned vehicle fees.

22 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;

23 102-558, eff. 8-20-21; revised 8-19-24.)

24  (625 ILCS 5/11-907)

25  Sec. 11-907. Operation of vehicles and streetcars on
    SB2394 Enrolled            - 2678 - LRB104 09208 AMC 19265 b

1 approach of authorized emergency vehicles.

2   (a) Upon the immediate approach of an authorized emergency

3 vehicle making use of audible and visual signals meeting the

4 requirements of this Code or a police vehicle properly and

5 lawfully making use of an audible or visual signal:

6   (1) the driver of every other vehicle shall yield the

7   right-of-way and shall immediately drive to a position

8   parallel to, and as close as possible to, the right-hand

9   edge or curb of the highway clear of any intersection and

10  shall, if necessary to permit the safe passage of the

11  emergency vehicle, stop and remain in such position until

12  the authorized emergency vehicle has passed, unless

13  otherwise directed by a police officer; and

14  (2) the operator of every streetcar shall immediately

15  stop such car clear of any intersection and keep it in such

16  position until the authorized emergency vehicle has

17  passed, unless otherwise directed by a police officer.

18  (b) This Section shall not operate to relieve the driver

19 of an authorized emergency vehicle from the duty to drive with

20 due regard for the safety of all persons using the highway.

21  (c) Upon approaching a stationary authorized emergency

22 vehicle or emergency scene, when the stationary authorized

23 emergency vehicle is giving a visual signal by displaying

24 oscillating, rotating, or flashing lights as authorized under

25 Section 12-215 of this Code, a person who drives an

26 approaching vehicle shall:
    SB2394 Enrolled  - 2679 - LRB104 09208 AMC 19265 b

1   (1) proceeding with due caution, yield the

2   right-of-way by making a lane change into a lane not

3   adjacent to that of the authorized emergency vehicle, if

4   possible with due regard to safety and traffic conditions,

5   if on a highway having at least 4 lanes with not less than

6   2 lanes proceeding in the same direction as the

7   approaching vehicle and reduce the speed of the vehicle to

8   a speed that is reasonable and proper with regard to

9   traffic conditions and the use of the highway to avoid a

10  collision and leaving a safe distance until safely past

11  the stationary emergency vehicle; or

12  (2) if changing lanes would be impossible or unsafe,

13  proceeding with due caution, reduce the speed of the

14  vehicle to a speed that is reasonable and proper with

15  regard to traffic conditions and the use of the highway to

16  avoid a collision, maintaining a safe speed for road

17  conditions and leaving a safe distance until safely past

18  the stationary emergency vehicles.

19  The visual signal specified under this subsection (c)

20 given by a stationary authorized emergency vehicle is an

21 indication to drivers of approaching vehicles that a hazardous

22 condition is present when circumstances are not immediately

23 clear. Drivers of vehicles approaching a stationary authorized

24 emergency vehicle in any lane shall heed the warning of the

25 signal, reduce the speed of the vehicle, proceed with due

26 caution, maintain a safe speed for road conditions, be
    SB2394 Enrolled  - 2680 - LRB104 09208 AMC 19265 b

1 prepared to stop, and leave a safe distance until safely

2 passed the stationary emergency vehicle.

3   As used in this subsection (c), "authorized emergency

4 vehicle" includes any vehicle authorized by law to be equipped

5 with oscillating, rotating, or flashing lights under Section

6 12-215 of this Code, while the owner or operator of the vehicle

7 is engaged in his or her official duties. As used in this

8 subsection (c), "emergency scene" means a location where a

9 stationary authorized emergency vehicle as defined by herein

10 is present and has activated its oscillating, rotating, or

11 flashing lights.

12  (d) A person who violates subsection (c) of this Section

13 commits a business offense punishable by a fine of not less

14 than $250 or more than $10,000 for a first violation, and a

15 fine of not less than $750 or more than $10,000 for a second or

16 subsequent violation. It is a factor in aggravation if the

17 person committed the offense while in violation of Section

18 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the

19 penalties authorized by this subsection (d) for a violation of

20 subsection (c) of this Section that results in the death of

21 another person does not preclude imposition of appropriate

22 additional civil or criminal penalties. A person who violates

23 subsection (c) and the violation results in damage to another

24 vehicle commits a Class A misdemeanor. A person who violates

25 subsection (c) and the violation results in the injury or

26 death of another person commits a Class 4 felony.
    SB2394 Enrolled           - 2681 - LRB104 09208 AMC 19265 b

1   (e) If a violation of subsection (c) of this Section

2 results in damage to the property of another person, in

3 addition to any other penalty imposed, the person's driving

4 privileges shall be suspended for a fixed period of not less

5 than 90 days and not more than one year.

6   (f) If a violation of subsection (c) of this Section

7 results in injury to another person, in addition to any other

8 penalty imposed, the person's driving privileges shall be

9 suspended for a fixed period of not less than 180 days and not

10 more than 2 years.

11  (g) If a violation of subsection (c) of this Section

12 results in the death of another person, in addition to any

13 other penalty imposed, the person's driving privileges shall

14 be suspended for 2 years.

15  (h) The Secretary of State shall, upon receiving a record

16 of a judgment entered against a person under subsection (c) of

17 this Section:

18  (1) suspend the person's driving privileges for the

19  mandatory period; or

20  (2) extend the period of an existing suspension by the

21  appropriate mandatory period.

22  (i) The Scott's Law Fund shall be a special fund in the

23 State treasury. Subject to appropriation by the General

24 Assembly and approval by the Director, the Director of the

25 State Police shall use all moneys in the Scott's Law Fund in

26 the Department's discretion to fund the production of
    SB2394 Enrolled            - 2682 - LRB104 09208 AMC 19265 b

1 materials to educate drivers on approaching stationary

2 authorized emergency vehicles, to hire off-duty Illinois State

3 Police for enforcement of this Section, and for other law

4 enforcement purposes the Director deems necessary in these

5 efforts.

6   (j) For violations of this Section issued by a county or

7 municipal police officer, the assessment shall be deposited

8 into the county's or municipality's Transportation Safety

9 Highway Hire-back Fund. The county shall use the moneys in its

10 Transportation Safety Highway Hire-back Fund to hire off-duty

11 county police officers to monitor construction or maintenance

12 zones in that county on highways other than interstate

13 highways. The county, in its discretion, may also use a

14 portion of the moneys in its Transportation Safety Highway

15 Hire-back Fund to purchase equipment for county law

16 enforcement and fund the production of materials to educate

17 drivers on construction zone safe driving habits and

18 approaching stationary authorized emergency vehicles.

19  (k) In addition to other penalties imposed by this

20 Section, the court may order a person convicted of a violation

21 of subsection (c) to perform community service as determined

22 by the court.

23 (Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22;

24 102-813, eff. 5-13-22; 103-667, eff. 1-1-25; 103-711, eff.

25 1-1-25; revised 11-26-24.)
    SB2394 Enrolled  - 2683 - LRB104 09208 AMC 19265 b

1   (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)

2   Sec. 13-101. Submission to safety test; certificate of

3 safety. To promote the safety of the general public, every

4 owner of a second division vehicle, medical transport vehicle,

5 tow truck, first division vehicle including a taxi which is

6 used for a purpose that requires a school bus driver permit,

7 motor vehicle used for driver education training, or contract

8 carrier transporting employees in the course of their

9 employment on a highway of this State in a vehicle designed to

10 carry 15 or fewer passengers shall, before operating the

11 vehicle upon the highways of Illinois, submit it to a "safety

12 test" and secure a certificate of safety furnished by the

13 Department as set forth in Section 13-109. Each second

14 division motor vehicle that pulls or draws a trailer,

15 semitrailer or pole trailer, with a gross weight of 10,001 lbs

16 or more or is registered for a gross weight of 10,001 lbs or

17 more, motor bus, religious organization bus, school bus,

18 senior citizen transportation vehicle, and limousine shall be

19 subject to inspection by the Department and the Department is

20 authorized to establish rules and regulations for the

21 implementation of such inspections.

22  The owners of each salvage vehicle shall submit it to a

23 "safety test" and secure a certificate of safety furnished by

24 the Department prior to its salvage vehicle inspection

25 pursuant to Section 3-308 of this Code. In implementing and

26 enforcing the provisions of this Section, the Department and
    SB2394 Enrolled          - 2684 - LRB104 09208 AMC 19265 b

1 other authorized State agencies shall do so in a manner that is

2 not inconsistent with any applicable federal law or regulation

3 so that no federal funding or support is jeopardized by the

4 enactment or application of these provisions.

5   However, none of the provisions of Chapter 13 requiring

6 safety tests or a certificate of safety shall apply to:

7   (a) farm tractors, machinery and implements, wagons,

8   wagon-trailers or like farm vehicles used primarily in

9   agricultural pursuits;

10  (b) vehicles other than school buses, tow trucks, and

11  medical transport vehicles owned or operated by a

12  municipal corporation or political subdivision having a

13  population of 1,000,000 or more inhabitants and which are

14  subject to safety tests imposed by local ordinance or

15  resolution;

16  (c) a semitrailer or trailer having a gross weight of

17  5,000 pounds or less including vehicle weight and maximum

18  load;

19  (d) recreational vehicles;

20  (e) vehicles registered as and displaying Illinois

21  antique vehicle plates and vehicles registered as

22  expanded-use antique vehicles and displaying expanded-use

23  antique vehicle plates;

24  (f) house trailers equipped and used for living

25  quarters;

26  (g) vehicles registered as and displaying Illinois
    SB2394 Enrolled    - 2685 - LRB104 09208 AMC 19265 b

1   permanently mounted equipment plates or similar vehicles

2   eligible therefor but registered as governmental vehicles

3   provided that if said vehicle is reclassified from a

4   permanently mounted equipment plate so as to lose the

5   exemption of not requiring a certificate of safety, such

6   vehicle must be safety tested within 30 days of the

7   reclassification;

8   (h) vehicles owned or operated by a manufacturer,

9   dealer, or transporter displaying a special plate or

10  plates as described in Chapter 3 of this Code while such

11  vehicle is being delivered from the manufacturing or

12  assembly plant directly to the purchasing dealership or

13  distributor, or being temporarily road driven for quality

14  control testing, or from one dealer or distributor to

15  another, or are being moved by the most direct route from

16  one location to another for the purpose of installing

17  special bodies or equipment, or driven for purposes of

18  demonstration by a prospective buyer with the dealer or

19  his agent present in the cab of the vehicle during the

20  demonstration;

21  (i) pole trailers and auxiliary axles;

22  (j) special mobile equipment;

23  (k) vehicles properly registered in another State

24  pursuant to law and displaying a valid registration plate

25  or digital registration plate, except vehicles of contract

26  carriers transporting employees in the course of their
    SB2394 Enrolled          - 2686 - LRB104 09208 AMC 19265 b

1   employment on a highway of this State in a vehicle

2   designed to carry 15 or fewer passengers are only exempted

3   to the extent that the safety testing requirements

4   applicable to such vehicles in the state of registration

5   are no less stringent than the safety testing requirements

6   applicable to contract carriers that are lawfully

7   registered in Illinois;

8   (l) water-well boring apparatuses or rigs;

9   (m) any vehicle which is owned and operated by the

10  federal government and externally displays evidence of

11  such ownership; and

12  (n) second division vehicles registered for a gross

13  weight of 10,000 pounds or less, except when such second

14  division motor vehicles pull or draw a trailer,

15  semi-trailer, or pole trailer having a gross weight of or

16  registered for a gross weight of more than 10,000 pounds;

17  motor buses; religious organization buses; school buses;

18  senior citizen transportation vehicles; medical transport

19  vehicles; tow trucks; and any property carrying vehicles

20  being operated in commerce that are registered for a gross

21  weight of more than 8,000 lbs but less than 10,001 lbs.

22  The safety test shall include the testing and inspection

23 of brakes, lights, horns, reflectors, rear vision mirrors,

24 mufflers, safety chains, windshields and windshield wipers,

25 warning flags and flares, frame, axle, cab and body, or cab or

26 body, wheels, steering apparatus, and other safety devices and
    SB2394 Enrolled  - 2687 - LRB104 09208 AMC 19265 b

1 appliances required by this Code and such other safety tests

2 as the Department may by rule or regulation require, for

3 second division vehicles, school buses, medical transport

4 vehicles, tow trucks, first division vehicles including taxis

5 which are used for a purpose that requires a school bus driver

6 permit, motor vehicles used for driver education training,

7 vehicles designed to carry 15 or fewer passengers operated by

8 a contract carrier transporting employees in the course of

9 their employment on a highway of this State, trailers, and

10 semitrailers subject to inspection.

11  For tow trucks, the safety test and inspection shall also

12 include the inspection of winch mountings, body panels, body

13 mounts, wheel lift swivel points, and sling straps, and other

14 tests and inspections the Department by rule requires for tow

15 trucks.

16  For driver education vehicles used by public high schools,

17 the vehicle must also be equipped with dual control brakes, a

18 mirror on each side of the vehicle so located as to reflect to

19 the driver a view of the highway for a distance of at least 200

20 feet to the rear, and a sign visible from the front and the

21 rear identifying the vehicle as a driver education car.

22  For trucks, truck tractors, trailers, semi-trailers, buses

23 engaged in interstate commerce as defined in Section 1-133 of

24 this Code, and first division vehicles including taxis which

25 are used for a purpose that requires a school bus driver

26 permit, the safety test shall be conducted in accordance with
    SB2394 Enrolled          - 2688 - LRB104 09208 AMC 19265 b

1 the Minimum Periodic Inspection Standards promulgated by the

2 Federal Highway Administration of the U.S. Department of

3 Transportation and contained in Appendix G to Subchapter B of

4 Chapter III of Title 49 of the Code of Federal Regulations.

5 Those standards, as now in effect, are made a part of this

6 Code, in the same manner as though they were set out in full in

7 this Code.

8   The passing of the safety test shall not be a bar at any

9 time to prosecution for operating a second division vehicle,

10 medical transport vehicle, motor vehicle used for driver

11 education training, or vehicle designed to carry 15 or fewer

12 passengers operated by a contract carrier as provided in this

13 Section that is unsafe, as determined by the standards

14 prescribed in this Code.

15 (Source: P.A. 103-476, eff. 1-1-24; revised 8-19-24.)

16  Section 1040. The O'Hare Driver Safety Act is amended by

17 changing Section 10 as follows:

18  (625 ILCS 80/10)

19  Sec. 10. No stopping or standing within one-half mile of

20 O'Hare International Airport. Except where permitted, a person

21 operating a motor vehicle shall not stop or stand the person's

22 vehicle on a shoulder of a highway along traffic routes within

23 a one-half mile radius of: (1) the eastern entrance to O'Hare

24 International Airport; and (2) the intersection of Interstate
    SB2394 Enrolled           - 2689 - LRB104 09208 AMC 19265 b

1 90 and Interstate 294.

2   No person who is the lessor of a motor vehicle under a

3 written lease agreement shall be liable for an automated

4 traffic safety system violation involving such motor vehicle

5 during the period of the lease, unless, upon the request of the

6 appropriate authority received within 120 days after the

7 violation occurred, the lessor provides within 60 days after

8 such receipt the name and address of the lessee.

9   Upon the provision of information by the lessor under this

10 Section, the Authority may issue the violation to the lessee

11 of the vehicle in the same manner as it would issue a violation

12 to a registered owner of a vehicle, and the lessee may be held

13 liable for the violation.

14  This Section shall not apply to vehicles that are stopped

15 or standing in a restricted area if:

16  (1) a person is yielding to an emergency vehicle;

17  (2) the vehicle malfunctions;

18  (3) a person was directed to stop the person's vehicle

19  by a law enforcement officer;

20  (4) the vehicle was stolen prior to violation and not

21  controlled by the registered owner of the vehicle; or

22  (5) the driver of the vehicle received a Uniform

23  Traffic Citation from a police officer at the time of the

24  violation for the same offense.

25 (Source: P.A. 103-861, eff. 1-1-25; revised 10-21-24.)
    SB2394 Enrolled        - 2690 - LRB104 09208 AMC 19265 b

1   Section 1045. The Public-Private Partnerships for

2 Transportation Act is amended by changing Section 10 as

3 follows:

4   (630 ILCS 5/10)

5   Sec. 10. Definitions. As used in this Act:

6   "Approved proposal" means the proposal that is approved by

7 the responsible public entity pursuant to subsection (j) of

8 Section 20 of this Act.

9   "Approved proposer" means the private entity whose

10 proposal is the approved proposal.

11  "Authority" means the Illinois State Toll Highway

12 Authority.

13  "Contractor" means a private entity that has entered into

14 a public-private agreement with the responsible public entity

15 to provide services to or on behalf of the responsible public

16 entity.

17  "Department" means the Illinois Department of

18 Transportation.

19  "Design-build agreement" means the agreement between the

20 selected private entity and the responsible public entity

21 under which the selected private entity agrees to furnish

22 design, construction, and related services for a

23 transportation facility under this Act.

24  "Develop" or "development" means to do one or more of the

25 following: plan, design, develop, lease, acquire, install,
    SB2394 Enrolled  - 2691 - LRB104 09208 AMC 19265 b

1 construct, reconstruct, rehabilitate, extend, or expand.

2   "Maintain" or "maintenance" includes ordinary maintenance,

3 repair, rehabilitation, capital maintenance, maintenance

4 replacement, and any other categories of maintenance that may

5 be designated by the responsible public entity.

6   "Operate" or "operation" means to do one or more of the

7 following: maintain, improve, equip, modify, or otherwise

8 operate.

9   "Private entity" means any combination of one or more

10 individuals, corporations, general partnerships, limited

11 liability companies, limited partnerships, joint ventures,

12 business trusts, nonprofit entities, or other business

13 entities that are parties to a proposal for a transportation

14 project or an agreement related to a transportation project. A

15 public agency may provide services to a contractor as a

16 subcontractor or subconsultant without affecting the private

17 status of the private entity and the ability to enter into a

18 public-private agreement. A transportation agency is not a

19 private entity.

20  "Proposal" means all materials and documents prepared by

21 or on behalf of a private entity relating to the proposed

22 development, financing, or operation of a transportation

23 facility as a transportation project.

24  "Proposer" means a private entity that has submitted an

25 unsolicited proposal for a public-private agreement to a

26 responsible public entity under this Act or a proposal or
    SB2394 Enrolled           - 2692 - LRB104 09208 AMC 19265 b

1 statement of qualifications for a public-private agreement in

2 response to a request for proposals or a request for

3 qualifications issued by a responsible public entity under

4 this Act.

5   "Public-private agreement" means the public-private

6 agreement between the contractor and the responsible public

7 entity relating to one or more of the development, financing,

8 or operation of a transportation project that is entered into

9 under this Act.

10  "Request for information" means all materials and

11 documents prepared by or on behalf of the responsible public

12 entity to solicit information from private entities with

13 respect to transportation projects.

14  "Request for proposals" means all materials and documents

15 prepared by or on behalf of the responsible public entity to

16 solicit proposals from private entities to enter into a

17 public-private agreement.

18  "Request for qualifications" means all materials and

19 documents prepared by or on behalf of the responsible public

20 entity to solicit statements of qualification from private

21 entities to enter into a public-private agreement.

22  "Responsible public entity" means the Department of

23 Transportation, the Illinois State Toll Highway Authority, and

24 the 5 most populous counties of Illinois, as of the most recent

25 publicly available decennial census.

26  "Revenues" means all revenues, including any combination
    SB2394 Enrolled        - 2693 - LRB104 09208 AMC 19265 b

1 of: income; earnings and interest; user fees; lease payments;

2 allocations; federal, State, and local appropriations, grants,

3 loans, lines of credit, and credit guarantees; bond proceeds;

4 equity investments; service payments; or other receipts;

5 arising out of or in connection with a transportation project,

6 including the development, financing, and operation of a

7 transportation project. The term includes money received as

8 grants, loans, lines of credit, credit guarantees, or

9 otherwise in aid of a transportation project from the federal

10 government, the State, a unit of local government, or any

11 agency or instrumentality of the federal government, the

12 State, or a unit of local government.

13  "Shortlist" means the process by which a responsible

14 public entity will review, evaluate, and rank statements of

15 qualifications submitted in response to a request for

16 qualifications and then identify the proposers who are

17 eligible to submit a detailed proposal in response to a

18 request for proposals. The identified proposers constitute the

19 shortlist for the transportation project to which the request

20 for proposals relates.

21  "Transportation agency" means (i) the Department or (ii)

22 the Authority.

23  "Transportation facility" means any new or existing road,

24 highway, toll highway, bridge, tunnel, intermodal facility,

25 intercity or high-speed passenger rail, or other

26 transportation facility or infrastructure, including the South
    SB2394 Enrolled        - 2694 - LRB104 09208 AMC 19265 b

1 Suburban Airport but excluding all other airports, under the

2 jurisdiction of a responsible public entity, except those

3 facilities for the Illiana Expressway. The term

4 "transportation facility" may refer to one or more

5 transportation facilities that are proposed to be developed or

6 operated as part of a single transportation project.

7   "Transportation project" or "project" means any or the

8 combination of the design, development, construction,

9 financing, or operation with respect to all or a portion of any

10 transportation facility under the jurisdiction of the

11 responsible public entity, except those facilities for the

12 Illiana Expressway, undertaken pursuant to this Act.

13  "Unit of local government" has the meaning ascribed to

14 that term in Article VII, Section 1 of the Constitution of the

15 State of Illinois and also means any unit designated as a

16 municipal corporation.

17  "Unsolicited proposal" means a written proposal that is

18 submitted to a transportation agency on the initiative of the

19 private sector entity or entities for the purpose of

20 developing a partnership, and that is not in response to a

21 formal or informal request issued by a transportation agency.

22  "User fees" or "tolls" means the rates, tolls, fees, or

23 other charges imposed by the contractor for use of all or a

24 portion of a transportation project under a public-private

25 agreement.

26 (Source: P.A. 103-570, eff. 1-1-24; 103-864, eff. 8-9-24;
    SB2394 Enrolled       - 2695 - LRB104 09208 AMC 19265 b

1 103-865, eff. 1-1-25; revised 10-9-24.)

2   Section 1050. The Criminal and Traffic Assessment Act is

3 amended by changing Sections 15-52 and 15-70 as follows:

4   (705 ILCS 135/15-52)

5   Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses.

6   SCHEDULE 10.5: For an offense offenses under subsection

7 (d) of Section 3-401 or, Section 15-111 of the Illinois

8 Vehicle Code, or an offense punishable by fine under Section

9 15-113.1, 15-113.2, or 15-113.3 of the Illinois Vehicle Code,

10 the Clerk of the Circuit Court shall collect $260 and remit as

11 follows:

12  (1) As the county's portion, $168 to the county treasurer,

13 who shall deposit the money as follows:

14  (A) $20 into the Court Automation Fund;

15  (B) $20 into the Court Document Storage Fund;

16  (C) $5 into the Circuit Court Clerk Operation and

17  Administrative Fund;

18  (D) $8 into the Circuit Court Clerk Electronic

19  Citation Fund; and

20  (E) $115 into the county's General Fund.

21  (2) As the State's portion, $92 to the State Treasurer,

22 who shall deposit the money as follows:

23  (A) $31 into the State Police Merit Board Public

24  Safety Fund, regardless of the type of overweight citation
    SB2394 Enrolled       - 2696 - LRB104 09208 AMC 19265 b

1   or arresting law enforcement agency;

2   (B) $31 into the Traffic and Criminal Conviction

3   Surcharge Fund; and

4   (C) $30 to the State Police Operations Assistance

5   Fund.

6 (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;

7 revised 7-24-24.)

8   (705 ILCS 135/15-70)

9   Sec. 15-70. Conditional assessments. In addition to

10 payments under one of the Schedule of Assessments 1 through 13

11 of this Act, the court shall also order payment of any of the

12 following conditional assessment amounts for each sentenced

13 violation in the case to which a conditional assessment is

14 applicable, which shall be collected and remitted by the Clerk

15 of the Circuit Court as provided in this Section:

16  (1) arson, residential arson, or aggravated arson,

17  $500 per conviction to the State Treasurer for deposit

18  into the Fire Prevention Fund;

19  (2) child pornography under Section 11-20.1 of the

20  Criminal Code of 1961 or the Criminal Code of 2012, $500

21  per conviction, unless more than one agency is responsible

22  for the arrest in which case the amount shall be remitted

23  to each unit of government equally:

24         (A) if the arresting agency is an agency of a unit

25  of local government, $500 to the treasurer of the unit
    SB2394 Enrolled  - 2697 - LRB104 09208 AMC 19265 b

1   of local government for deposit into the unit of local

2   government's General Fund, except that if the Illinois

3   State Police provides digital or electronic forensic

4   examination assistance, or both, to the arresting

5   agency then $100 to the State Treasurer for deposit

6   into the State Crime Laboratory Fund; or

7   (B) if the arresting agency is the Illinois State

8   Police, $500 to the State Treasurer for deposit into

9   the State Crime Laboratory Fund;

10  (3) crime laboratory drug analysis for a drug-related

11  offense involving possession or delivery of cannabis or

12  possession or delivery of a controlled substance as

13  defined in the Cannabis Control Act, the Illinois

14  Controlled Substances Act, or the Methamphetamine Control

15  and Community Protection Act, $100 reimbursement for

16  laboratory analysis, as set forth in subsection (f) of

17  Section 5-9-1.4 of the Unified Code of Corrections;

18  (4) DNA analysis, $250 on each conviction in which it

19  was used to the State Treasurer for deposit into the State

20  Crime Laboratory Fund as set forth in Section 5-9-1.4 of

21  the Unified Code of Corrections;

22  (5) DUI analysis, $150 on each sentenced violation in

23  which it was used as set forth in subsection (f) of Section

24  5-9-1.9 of the Unified Code of Corrections;

25  (6) drug-related offense involving possession or

26  delivery of cannabis or possession or delivery of a
    SB2394 Enrolled  - 2698 - LRB104 09208 AMC 19265 b

1   controlled substance, other than methamphetamine, as

2   defined in the Cannabis Control Act or the Illinois

3   Controlled Substances Act, an amount not less than the

4   full street value of the cannabis or controlled substance

5   seized for each conviction to be disbursed as follows:

6   (A) 12.5% of the street value assessment shall be

7   paid into the Youth Drug Abuse Prevention Fund, to be

8   used by the Department of Human Services for the

9   funding of programs and services for drug-abuse

10  treatment, and prevention and education services;

11  (B) 37.5% to the county in which the charge was

12  prosecuted, to be deposited into the county General

13  Fund;

14  (C) 50% to the treasurer of the arresting law

15  enforcement agency of the municipality or county, or

16  to the State Treasurer if the arresting agency was a

17  state agency, to be deposited as provided in

18  subsection (c) of Section 10-5;

19  (D) if the arrest was made in combination with

20  multiple law enforcement agencies, the clerk shall

21  equitably allocate the portion in subparagraph (C) of

22  this paragraph (6) among the law enforcement agencies

23  involved in the arrest;

24  (6.5) Kane County or Will County, in felony,

25  misdemeanor, local or county ordinance, traffic, or

26  conservation cases, up to $30 as set by the county board
    SB2394 Enrolled  - 2699 - LRB104 09208 AMC 19265 b

1   under Section 5-1101.3 of the Counties Code upon the entry

2   of a judgment of conviction, an order of supervision, or a

3   sentence of probation without entry of judgment under

4   Section 10 of the Cannabis Control Act, Section 410 of the

5   Illinois Controlled Substances Act, Section 70 of the

6   Methamphetamine Control and Community Protection Act,

7   Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

8   the Criminal Code of 1961 or the Criminal Code of 2012,

9   Section 10-102 of the Illinois Alcoholism and Other Drug

10  Dependency Act, or Section 10 of the Steroid Control Act;

11  except in local or county ordinance, traffic, and

12  conservation cases, if fines are paid in full without a

13  court appearance, then the assessment shall not be imposed

14  or collected. Distribution of assessments collected under

15  this paragraph (6.5) shall be as provided in Section

16  5-1101.3 of the Counties Code;

17  (7) methamphetamine-related offense involving

18  possession or delivery of methamphetamine or any salt of

19  an optical isomer of methamphetamine or possession of a

20  methamphetamine manufacturing material as set forth in

21  Section 10 of the Methamphetamine Control and Community

22  Protection Act with the intent to manufacture a substance

23  containing methamphetamine or salt of an optical isomer of

24  methamphetamine, an amount not less than the full street

25  value of the methamphetamine or salt of an optical isomer

26  of methamphetamine or methamphetamine manufacturing
    SB2394 Enrolled  - 2700 - LRB104 09208 AMC 19265 b

1   materials seized for each conviction to be disbursed as

2   follows:

3   (A) 12.5% of the street value assessment shall be

4   paid into the Youth Drug Abuse Prevention Fund, to be

5   used by the Department of Human Services for the

6   funding of programs and services for drug-abuse

7   treatment, and prevention and education services;

8   (B) 37.5% to the county in which the charge was

9   prosecuted, to be deposited into the county General

10  Fund;

11  (C) 50% to the treasurer of the arresting law

12  enforcement agency of the municipality or county, or

13  to the State Treasurer if the arresting agency was a

14  state agency, to be deposited as provided in

15  subsection (c) of Section 10-5;

16  (D) if the arrest was made in combination with

17  multiple law enforcement agencies, the clerk shall

18  equitably allocate the portion in subparagraph (C) of

19  this paragraph (6) among the law enforcement agencies

20  involved in the arrest;

21  (8) order of protection violation under Section 12-3.4

22  of the Criminal Code of 2012, $200 for each conviction to

23  the county treasurer for deposit into the Probation and

24  Court Services Fund for implementation of a domestic

25  violence surveillance program and any other assessments or

26  fees imposed under Section 5-9-1.16 of the Unified Code of
    SB2394 Enrolled  - 2701 - LRB104 09208 AMC 19265 b

1   Corrections;

2   (9) order of protection violation, $25 for each

3   violation to the State Treasurer, for deposit into the

4   Domestic Violence Abuser Services Fund;

5   (10) prosecution by the State's Attorney of a:

6   (A) petty or business offense, $4 to the county

7   treasurer of which $2 deposited into the State's

8   Attorney Records Automation Fund and $2 into the

9   Public Defender Records Automation Fund;

10  (B) conservation or traffic offense, $2 to the

11  county treasurer for deposit into the State's Attorney

12  Records Automation Fund;

13  (11) speeding in a construction zone violation, $250

14  to the State Treasurer for deposit into the Transportation

15  Safety Highway Hire-back Fund, unless (i) the violation

16  occurred on a highway other than an interstate highway and

17  (ii) a county police officer wrote the ticket for the

18  violation, in which case to the county treasurer for

19  deposit into that county's Transportation Safety Highway

20  Hire-back Fund;

21  (12) supervision disposition on an offense under the

22  Illinois Vehicle Code or similar provision of a local

23  ordinance, 50 cents, unless waived by the court, into the

24  Prisoner Review Board Vehicle and Equipment Fund;

25  (13) victim and offender are family or household

26  members as defined in Section 103 of the Illinois Domestic
    SB2394 Enrolled  - 2702 - LRB104 09208 AMC 19265 b

1   Violence Act of 1986 and offender pleads guilty or no

2   contest to or is convicted of murder, voluntary

3   manslaughter, involuntary manslaughter, burglary,

4   residential burglary, criminal trespass to residence,

5   criminal trespass to vehicle, criminal trespass to land,

6   criminal damage to property, telephone harassment,

7   kidnapping, aggravated kidnaping, unlawful restraint,

8   forcible detention, child abduction, indecent solicitation

9   of a child, sexual relations between siblings,

10  exploitation of a child, child pornography, assault,

11  aggravated assault, battery, aggravated battery, heinous

12  battery, aggravated battery of a child, domestic battery,

13  reckless conduct, intimidation, criminal sexual assault,

14  predatory criminal sexual assault of a child, aggravated

15  criminal sexual assault, criminal sexual abuse, aggravated

16  criminal sexual abuse, violation of an order of

17  protection, disorderly conduct, endangering the life or

18  health of a child, child abandonment, contributing to

19  dependency or neglect of child, or cruelty to children and

20  others, $200 for each sentenced violation to the State

21  Treasurer for deposit as follows: (i) for sexual assault,

22  as defined in Section 5-9-1.7 of the Unified Code of

23  Corrections, when the offender and victim are family

24  members, one-half to the Domestic Violence Shelter and

25  Service Fund, and one-half to the Sexual Assault Services

26  Fund; (ii) for the remaining offenses to the Domestic
    SB2394 Enrolled  - 2703 - LRB104 09208 AMC 19265 b

1   Violence Shelter and Service Fund;

2   (14) violation of Section 11-501 of the Illinois

3   Vehicle Code, Section 5-7 of the Snowmobile Registration

4   and Safety Act, Section 5-16 of the Boat Registration and

5   Safety Act, or a similar provision, whose operation of a

6   motor vehicle, snowmobile, or watercraft while in

7   violation of Section 11-501, Section 5-7 of the Snowmobile

8   Registration and Safety Act, Section 5-16 of the Boat

9   Registration and Safety Act, or a similar provision

10  proximately caused an incident resulting in an appropriate

11  emergency response, $1,000 maximum to the public agency

12  that provided an emergency response related to the

13  person's violation, or as provided in subsection (c) of

14  Section 10-5 if the arresting agency was a State agency,

15  unless more than one agency was responsible for the

16  arrest, in which case the amount shall be remitted to each

17  unit of government equally;

18  (15) violation of Section 401, 407, or 407.2 of the

19  Illinois Controlled Substances Act that proximately caused

20  any incident resulting in an appropriate drug-related

21  emergency response, $1,000 as reimbursement for the

22  emergency response to the law enforcement agency that made

23  the arrest, or as provided in subsection (c) of Section

24  10-5 if the arresting agency was a State agency, unless

25  more than one agency was responsible for the arrest, in

26  which case the amount shall be remitted to each unit of
    SB2394 Enrolled      - 2704 - LRB104 09208 AMC 19265 b

1   government equally;

2   (16) violation of reckless driving, aggravated

3   reckless driving, or driving 26 miles per hour or more in

4   excess of the speed limit that triggered an emergency

5   response, $1,000 maximum reimbursement for the emergency

6   response to be distributed in its entirety to a public

7   agency that provided an emergency response related to the

8   person's violation, or as provided in subsection (c) of

9   Section 10-5 if the arresting agency was a State agency,

10  unless more than one agency was responsible for the

11  arrest, in which case the amount shall be remitted to each

12  unit of government equally;

13  (17) violation based upon each plea of guilty,

14  stipulation of facts, or finding of guilt resulting in a

15  judgment of conviction or order of supervision for an

16  offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of

17  the Criminal Code of 2012 that results in the imposition

18  of a fine, to be distributed as follows:

19  (A) $50 to the county treasurer for deposit into

20  the Circuit Court Clerk Operation and Administrative

21  Fund to cover the costs in administering this

22  paragraph (17);

23  (B) $300 to the State Treasurer who shall deposit

24  the portion as follows:

25                   (i) if the arresting or investigating agency

26  is the Illinois State Police, into the State
    SB2394 Enrolled  - 2705 - LRB104 09208 AMC 19265 b

1   Police Law Enforcement Administration Fund;

2                    (ii) if the arresting or investigating agency

3   is the Department of Natural Resources, into the

4   Conservation Police Operations Assistance Fund;

5                    (iii) if the arresting or investigating agency

6   is the Secretary of State, into the Secretary of

7   State Police Services Fund;

8                    (iv) if the arresting or investigating agency

9   is the Illinois Commerce Commission, into the

10  Transportation Regulatory Fund; or

11                   (v) if more than one of the State agencies in

12  this subparagraph (B) is the arresting or

13  investigating agency, then equal shares with the

14  shares deposited as provided in the applicable

15  items (i) through (iv) of this subparagraph (B);

16  and

17  (C) the remainder for deposit into the Specialized

18  Services for Survivors of Human Trafficking Fund;

19  (18) weapons violation under Section 24-1.1, 24-1.2,

20  or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

21  of 2012, $100 for each conviction to the State Treasurer

22  for deposit into the Trauma Center Fund; and

23  (19) violation of subsection (c) of Section 11-907 of

24  the Illinois Vehicle Code, $250 to the State Treasurer for

25  deposit into the Scott's Law Fund, unless a county or

26  municipal police officer wrote the ticket for the
    SB2394 Enrolled  - 2706 - LRB104 09208 AMC 19265 b

1   violation, in which case to the county treasurer for

2   deposit into that county's or municipality's

3   Transportation Safety Highway Hire-back Fund to be used as

4   provided in subsection (j) of Section 11-907 of the

5   Illinois Vehicle Code; and.

6   (20) violation of Section 15-109.1 of the Illinois

7   Vehicle Code, $150 to be distributed as follows:

8   (A) 50% to the county treasurer for deposit into

9   the county general fund; and

10  (B) 50% to the treasurer of the arresting law

11  enforcement agency of the municipality or county or to

12  the State Treasurer, if the arresting agency was a

13  State agency, to be deposited as provided in

14  subsection (c) of Section 10-5.

15  Except for traffic violations, fines, and assessments,

16 such as fees or administrative costs authorized in this

17 Section, shall not be ordered or imposed on a minor subject to

18 Article III, IV, or V of the Juvenile Court Act of 1987, or a

19 minor under the age of 18 transferred to adult court or

20 excluded from juvenile court jurisdiction under Article V of

21 the Juvenile Court Act of 1987, or the minor's parent,

22 guardian, or legal custodian.

23 (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;

24 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.

25 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)
    SB2394 Enrolled             - 2707 - LRB104 09208 AMC 19265 b

1   Section 1055. The Juvenile Court Act of 1987 is amended by

2 changing Sections 4-6 and 5-915 as follows:

3   (705 ILCS 405/4-6) (from Ch. 37, par. 804-6)

4   Sec. 4-6. Temporary custody. "Temporary custody" means the

5 temporary placement of the minor out of the custody of the

6 minor's guardian or parent.

7   (a) "Temporary protective custody" means custody within a

8 hospital or other medical facility or a place previously

9 designated for such custody by the Department, subject to

10 review by the court Court, including a licensed foster home,

11 group home, or other institution; but such place shall not be a

12 jail or other place for the detention of criminal or juvenile

13 offenders.

14  (b) "Shelter care" means a physically unrestrictive

15 facility designated by the Department of Children and Family

16 Services or a licensed child welfare agency or other suitable

17 place designated by the court for a minor who requires care

18 away from the minor's home.

19 (Source: P.A. 103-22, eff. 8-8-23; revised 7-22-24.)

20  (705 ILCS 405/5-915)

21  Sec. 5-915. Expungement of juvenile law enforcement and

22 juvenile court records.

23  (0.05) (Blank).

24  (0.1)(a) The Illinois State Police and all law enforcement
    SB2394 Enrolled   - 2708 - LRB104 09208 AMC 19265 b

1 agencies within the State shall automatically expunge, on or

2 before January 1 of each year, except as described in

3 paragraph (c) of this subsection (0.1), all juvenile law

4 enforcement records relating to events occurring before an

5 individual's 18th birthday if:

6   (1) one year or more has elapsed since the date of the

7   arrest or law enforcement interaction documented in the

8   records;

9   (2) no petition for delinquency or criminal charges

10  were filed with the clerk of the circuit court relating to

11  the arrest or law enforcement interaction documented in

12  the records; and

13  (3) 6 months have elapsed since the date of the arrest

14  without an additional subsequent arrest or filing of a

15  petition for delinquency or criminal charges whether

16  related or not to the arrest or law enforcement

17  interaction documented in the records.

18  (b) If the law enforcement agency is unable to verify

19 satisfaction of conditions (2) and (3) of this subsection

20 (0.1), records that satisfy condition (1) of this subsection

21 (0.1) shall be automatically expunged if the records relate to

22 an offense that if committed by an adult would not be an

23 offense classified as a Class 2 felony or higher, an offense

24 under Article 11 of the Criminal Code of 1961 or Criminal Code

25 of 2012, or an offense under Section 12-13, 12-14, 12-14.1,

26 12-15, or 12-16 of the Criminal Code of 1961.
    SB2394 Enrolled  - 2709 - LRB104 09208 AMC 19265 b

1   (c) If the juvenile law enforcement record was received

2 through a public submission to a statewide student

3 confidential reporting system administered by the Illinois

4 State Police, the record will be maintained for a period of 5

5 years according to all other provisions in this subsection

6 (0.1).

7   (0.15) If a juvenile law enforcement record meets

8 paragraph (a) of subsection (0.1) of this Section, a juvenile

9 law enforcement record created:

10        (1) prior to January 1, 2018, but on or after January

11  1, 2013 shall be automatically expunged prior to January

12  1, 2020;

13        (2) prior to January 1, 2013, but on or after January

14  1, 2000, shall be automatically expunged prior to January

15  1, 2023; and

16        (3) prior to January 1, 2000 shall not be subject to

17  the automatic expungement provisions of this Act.

18  Nothing in this subsection (0.15) shall be construed to

19 restrict or modify an individual's right to have the person's

20 juvenile law enforcement records expunged except as otherwise

21 may be provided in this Act.

22  (0.2)(a) Upon dismissal of a petition alleging delinquency

23 or upon a finding of not delinquent, the successful

24 termination of an order of supervision, or the successful

25 termination of an adjudication for an offense which would be a

26 Class B misdemeanor, Class C misdemeanor, or a petty or
    SB2394 Enrolled  - 2710 - LRB104 09208 AMC 19265 b

1 business offense if committed by an adult, the court shall

2 automatically order the expungement of the juvenile court

3 records and juvenile law enforcement records. The clerk shall

4 deliver a certified copy of the expungement order to the

5 Illinois State Police and the arresting agency. Upon request,

6 the State's Attorney shall furnish the name of the arresting

7 agency. The expungement shall be completed within 60 business

8 days after the receipt of the expungement order.

9   (b) If the chief law enforcement officer of the agency, or

10 the chief law enforcement officer's designee, certifies in

11 writing that certain information is needed for a pending

12 investigation involving the commission of a felony, that

13 information, and information identifying the juvenile, may be

14 retained until the statute of limitations for the felony has

15 run. If the chief law enforcement officer of the agency, or the

16 chief law enforcement officer's designee, certifies in writing

17 that certain information is needed with respect to an internal

18 investigation of any law enforcement office, that information

19 and information identifying the juvenile may be retained

20 within an intelligence file until the investigation is

21 terminated or the disciplinary action, including appeals, has

22 been completed, whichever is later. Retention of a portion of

23 a juvenile's law enforcement record does not disqualify the

24 remainder of a juvenile's record from immediate automatic

25 expungement.

26  (0.3)(a) Upon an adjudication of delinquency based on any
SB2394 Enrolled  - 2711 - LRB104 09208 AMC 19265 b

 1 offense except a disqualified offense, the juvenile court
 2 shall automatically order the expungement of the juvenile
 3 court and law enforcement records 2 years after the juvenile's
 4 case was closed if no delinquency or criminal proceeding is
 5 pending and the person has had no subsequent delinquency
 6 adjudication or criminal conviction. On the date that the
 7 minor's sentence ends or the date that the court enters an
 8 order committing the minor to the Department of Juvenile
 9 Justice, the juvenile court judge shall schedule a date to
10 enter the automatic expungement order. The minor must be
11 notified but shall not be required to be present for the
12 scheduled court date when automatic expungement is to be
13 ordered. If the minor is not yet eligible on the originally
14 scheduled date, the court shall schedule a subsequent date to
15 enter the automatic expungement order. The clerk shall deliver
16 a certified copy of the expungement order to the Illinois
17 State Police and the arresting agency. Upon request, the
18 State's Attorney shall furnish the name of the arresting
19 agency. The expungement shall be completed within 60 business
20 days after the receipt of the expungement order. In this
21 subsection (0.3), "disqualified offense" means any of the
22 following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
23 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
25 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
26 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
    SB2394 Enrolled  - 2712 - LRB104 09208 AMC 19265 b

1 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,

2 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,

3 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal

4 Code of 2012, or subsection (b) of Section 8-1, paragraph (4)

5 of subsection (a) of Section 11-14.4, subsection (a-5) of

6 Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)

7 of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,

8 paragraph (1) or (2) of subsection (a) of Section 12-7.4,

9 subparagraph (i) of paragraph (1) of subsection (a) of Section

10 12-9, subparagraph (H) of paragraph (3) of subsection (a) of

11 Section 24-1.6, paragraph (1) of subsection (a) of Section

12 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code

13 of 2012.

14  (b) If the chief law enforcement officer of the agency, or

15 the chief law enforcement officer's designee, certifies in

16 writing that certain information is needed for a pending

17 investigation involving the commission of a felony, that

18 information, and information identifying the juvenile, may be

19 retained in an intelligence file until the investigation is

20 terminated or for one additional year, whichever is sooner.

21 Retention of a portion of a juvenile's juvenile law

22 enforcement record does not disqualify the remainder of a

23 juvenile's record from immediate automatic expungement.

24  (0.4) Automatic expungement for the purposes of this

25 Section shall not require law enforcement agencies to

26 obliterate or otherwise destroy juvenile law enforcement
    SB2394 Enrolled  - 2713 - LRB104 09208 AMC 19265 b

1 records that would otherwise need to be automatically expunged

2 under this Act, except after 2 years following the subject

3 arrest for purposes of use in civil litigation against a

4 governmental entity or its law enforcement agency or personnel

5 which created, maintained, or used the records. However, these

6 juvenile law enforcement records shall be considered expunged

7 for all other purposes during this period and the offense,

8 which the records or files concern, shall be treated as if it

9 never occurred as required under Section 5-923.

10  (0.5) Subsection (0.1) or (0.2) of this Section does not

11 apply to violations of traffic, boating, fish and game laws,

12 or county or municipal ordinances.

13  (0.6) Juvenile law enforcement records of a plaintiff who

14 has filed civil litigation against the governmental entity or

15 its law enforcement agency or personnel that created,

16 maintained, or used the records, or juvenile law enforcement

17 records that contain information related to the allegations

18 set forth in the civil litigation may not be expunged until

19 after 2 years have elapsed after the conclusion of the

20 lawsuit, including any appeal.

21  (0.7) Officer-worn body camera recordings shall not be

22 automatically expunged except as otherwise authorized by the

23 Law Enforcement Officer-Worn Body Camera Act.

24  (1) Whenever a person has been arrested, charged, or

25 adjudicated delinquent for an incident occurring before a

26 person's 18th birthday that if committed by an adult would be
    SB2394 Enrolled  - 2714 - LRB104 09208 AMC 19265 b

1 an offense, and that person's juvenile law enforcement and

2 juvenile court records are not eligible for automatic

3 expungement under subsection (0.1), (0.2), or (0.3), the

4 person may petition the court at any time at no cost to the

5 person for expungement of juvenile law enforcement records and

6 juvenile court records relating to the incident and, upon

7 termination of all juvenile court proceedings relating to that

8 incident, the court shall order the expungement of all records

9 in the possession of the Illinois State Police, the clerk of

10 the circuit court, and law enforcement agencies relating to

11 the incident, but only in any of the following circumstances:

12  (a) the minor was arrested and no petition for

13  delinquency was filed with the clerk of the circuit court;

14  (a-5) the minor was charged with an offense and the

15  petition or petitions were dismissed without a finding of

16  delinquency;

17  (b) the minor was charged with an offense and was

18  found not delinquent of that offense;

19  (c) the minor was placed under supervision under

20  Section 5-615, and the order of supervision has since been

21  successfully terminated; or

22  (d) the minor was adjudicated for an offense which

23  would be a Class B misdemeanor, Class C misdemeanor, or a

24  petty or business offense if committed by an adult.

25  (1.5) At no cost to the person, the Illinois State Police

26 shall allow a person to use the Access and Review process,
    SB2394 Enrolled  - 2715 - LRB104 09208 AMC 19265 b

1 established in the Illinois State Police, for verifying that

2 the person's juvenile law enforcement records relating to

3 incidents occurring before the person's 18th birthday eligible

4 under this Act have been expunged.

5   (1.6) (Blank).

6   (1.7) (Blank).

7   (1.8) (Blank).

8   (2) Any person whose delinquency adjudications are not

9 eligible for automatic expungement under subsection (0.3) of

10 this Section may petition the court at no cost to the person to

11 expunge all juvenile law enforcement records relating to any

12 incidents occurring before the person's 18th birthday which

13 did not result in proceedings in criminal court and all

14 juvenile court records with respect to any adjudications

15 except those based upon first degree murder or an offense

16 under Article 11 of the Criminal Code of 2012 if the person is

17 required to register under the Sex Offender Registration Act

18 at the time the person petitions the court for expungement;

19 provided that 2 years have elapsed since all juvenile court

20 proceedings relating to the person have been terminated and

21 the person's commitment to the Department of Juvenile Justice

22 under this Act has been terminated.

23  (2.5) If a minor is arrested and no petition for

24 delinquency is filed with the clerk of the circuit court at the

25 time the minor is released from custody, the youth officer, if

26 applicable, or other designated person from the arresting
   SB2394 Enrolled  - 2716 - LRB104 09208 AMC 19265 b

1 agency, shall notify verbally and in writing to the minor or

2 the minor's parents or guardians that the minor shall have an

3 arrest record and shall provide the minor and the minor's

4 parents or guardians with an expungement information packet,

5 information regarding this State's expungement laws including

6 a petition to expunge juvenile law enforcement and juvenile

7 court records obtained from the clerk of the circuit court.

8  (2.6) If a minor is referred to court, then, at the time of

9 sentencing, dismissal of the case, or successful completion of

10 supervision, the judge shall inform the delinquent minor of

11 the minor's rights regarding expungement and the clerk of the

12 circuit court shall provide an expungement information packet

13 to the minor, written in plain language, including information

14 regarding this State's expungement laws and a petition for

15 expungement, a sample of a completed petition, expungement

16 instructions that shall include information informing the

17 minor that (i) once the case is expunged, it shall be treated

18 as if it never occurred, (ii) the minor shall not be charged a

19 fee to petition for expungement, (iii) once the minor obtains

20 an expungement, the minor may not be required to disclose that

21 the minor had a juvenile law enforcement or juvenile court

22 record, and (iv) if petitioning the minor may file the

23 petition on the minor's own or with the assistance of an

24 attorney. The failure of the judge to inform the delinquent

25 minor of the minor's right to petition for expungement as

26 provided by law does not create a substantive right, nor is
    SB2394 Enrolled         - 2717 - LRB104 09208 AMC 19265 b

1 that failure grounds for: (i) a reversal of an adjudication of

2 delinquency; (ii) a new trial; or (iii) an appeal.

3   (2.6-1) A trafficking victim, as defined by paragraph (10)

4 of subsection (a) of Section 10-9 of the Criminal Code of 2012,

5 may petition for vacation and expungement or immediate sealing

6 of his or her juvenile court records and juvenile law

7 enforcement records relating to events that resulted in the

8 victim's adjudication of delinquency for an offense if

9 committed by an adult would be a violation of the criminal laws

10 occurring before the victim's 18th birthday upon the

11 completion of his or her juvenile court sentence if his or her

12 participation in the underlying offense was a result of human

13 trafficking under Section 10-9 of the Criminal Code of 2012 or

14 a severe form of trafficking under the federal Trafficking

15 Victims Protection Act.

16  (2.7) (Blank).

17  (2.8) (Blank).

18  (3) (Blank).

19  (3.1) (Blank).

20  (3.2) (Blank).

21  (3.3) (Blank).

22  (4) (Blank).

23  (5) (Blank).

24  (5.5) Whether or not expunged, records eligible for

25 automatic expungement under subdivision (0.1)(a), (0.2)(a), or

26 (0.3)(a) may be treated as expunged by the individual subject
    SB2394 Enrolled  - 2718 - LRB104 09208 AMC 19265 b

1 to the records.

2   (6) (Blank).

3   (6.5) The Illinois State Police or any employee of the

4 Illinois State Police shall be immune from civil or criminal

5 liability for failure to expunge any records of arrest that

6 are subject to expungement under this Section because of

7 inability to verify a record. Nothing in this Section shall

8 create Illinois State Police liability or responsibility for

9 the expungement of juvenile law enforcement records it does

10 not possess.

11  (7) (Blank).

12  (7.5) (Blank).

13  (8) The expungement of juvenile law enforcement or

14 juvenile court records under subsection (0.1), (0.2), or (0.3)

15 of this Section shall be funded by appropriation by the

16 General Assembly for that purpose.

17  (9) (Blank).

18  (10) (Blank).

19 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

20 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.

21 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717,

22 eff. 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.)

23  Section 1060. The Criminal Code of 2012 is amended by

24 changing Sections 11-23.7, 17-11.2, and 24-2 as follows:
    SB2394 Enrolled       - 2719 - LRB104 09208 AMC 19265 b

1   (720 ILCS 5/11-23.7)

2   Sec. 11-23.7. Non-consensual dissemination of sexually

3 explicit digitized depictions.

4   (a) Definitions. For the purposes of this Section:

5   "Intimate parts" means the fully unclothed, partially

6 unclothed or transparently clothed genitals, pubic area, anus,

7 or if the person is female, a partially or fully exposed

8 nipple, including exposure through transparent clothing.

9   "Personal identifying information" has the meaning

10 ascribed to it in Section 16-0.1.

11  "Sexual activity" means:

12  (1) any knowing touching or fondling of the victim or

13  another person or animal, either directly or through

14  clothing, of the sex organs, anus, or breast of the victim

15  or another person or animal for the purpose of sexual

16  gratification or arousal;

17  (2) any transfer or transmission of semen upon any

18  part of the clothed or unclothed body of the victim, for

19  the purpose of sexual gratification or arousal of the

20  victim or another;

21  (3) an act of urination within a sexual context;

22  (4) any bondage, fetter, or sadism masochism; or

23  (5) sadomasochism abuse in any sexual context.

24  "Sexually explicit digitized depiction" means any image,

25 photograph, film, video, digital recording, or other depiction

26 or portrayal that has been created, altered, or otherwise
    SB2394 Enrolled             - 2720 - LRB104 09208 AMC 19265 b

1 modified to realistically depict either:

2   (1) the intimate parts of another human being as the

3   intimate parts of the depicted individual or

4   computer-generated intimate parts as the intimate parts of

5   the depicted individual; or

6   (2) the depicted individual engaging in sexual

7   activity in which the depicted individual did not engage.

8   (b) A person commits non-consensual dissemination of

9 sexually explicit digitized depictions when the person:

10  (1) intentionally disseminates a sexually explicit

11  digitized depiction of another person who is identifiable

12  from the image itself, or whose personal identifying

13  information is displayed or disseminated in connection

14  with the image, or whose identity identify is known to the

15  person who disseminates the image; and

16  (2) knows or should have known that the person in the

17  image has not consented to the dissemination.

18  (c) The following activities are exempt from the

19 provisions of this Section:

20  (1) The intentional dissemination of an image of

21  another identifiable person who is engaged in a sexual act

22  or whose intimate parts are exposed when the dissemination

23  is made for the purpose of a criminal investigation that

24  is otherwise lawful.

25  (2) The intentional dissemination of an image of

26  another identifiable person who is engaged in a sexual act
    SB2394 Enrolled             - 2721 - LRB104 09208 AMC 19265 b

1   or whose intimate parts are exposed when the dissemination

2   is for the purpose of, or in connection with, the

3   reporting of unlawful conduct.

4   (3) The intentional dissemination of an image of

5   another identifiable person who is engaged in a sexual act

6   or whose intimate parts are exposed when the images

7   involve voluntary exposure in public or commercial

8   settings.

9   (4) The intentional dissemination of an image of

10  another identifiable person who is engaged in a sexual act

11  or whose intimate parts are exposed when the dissemination

12  serves a lawful public purpose.

13  (d) Nothing in this Section shall be construed to impose

14 liability upon the following entities solely as a result of

15 content or information provided by another person:

16  (1) an interactive computer service, as defined in 47

17  U.S.C. 230(f)(2);

18  (2) a provider of public mobile services or private

19  radio services, as defined in Section 13-214 of the Public

20  Utilities Act; or

21  (3) a telecommunications network or broadband

22  provider.

23  (e) A person convicted under this Section is subject to

24 the forfeiture provisions in Article 124B of the Code of

25 Criminal Procedure of 1963.

26  (f) Sentence. Non-consensual dissemination of sexually
    SB2394 Enrolled       - 2722 - LRB104 09208 AMC 19265 b

1 explicit digitized depictions is a Class 4 felony.
2 (Source: P.A. 103-825, eff. 1-1-25; revised 10-24-24.)

3   (720 ILCS 5/17-11.2)

4   Sec. 17-11.2. Airbag fraud.

5   (a) Definitions. In this Section:

6   "Airbag" means a motor vehicle inflatable occupant

7 restraint system device that is part of a vehicle's

8 supplemental restraint system.

9   "Counterfeit supplemental restraint system component"

10 means a replacement supplemental restraint system component,

11 including, but not limited to, an airbag, that displays a mark

12 identical to, or substantially similar to, the genuine mark of

13 a motor vehicle manufacturer or a supplier of parts to the

14 manufacturer of a motor vehicle without authorization from

15 that manufacturer or supplier, respectively.

16  "Non-functional airbag" means a replacement airbag that

17 meets any of the following criteria:

18  (1) the airbag was previously deployed or damaged;

19  (2) the airbag has an electric fault that is detected

20  by the vehicle's diagnostic system when the installation

21  procedure is completed and the vehicle is returned to the

22  customer who requested the work to be performed or when

23  ownership is intended to be transferred;

24  (3) the airbag includes a part or object, including a

25  supplemental restraint system component, that is installed
    SB2394 Enrolled           - 2723 - LRB104 09208 AMC 19265 b

1   in a motor vehicle to mislead the owner or operator of the

2   motor vehicle into believing that a functional airbag has

3   been installed; or

4   (4) the airbag is subject to the provisions of 49

5   U.S.C. 30120(j).

6   "Supplemental restraint system" means a passive inflatable

7 motor vehicle occupant crash protection system designed for

8 use in conjunction with a seat belt assembly as defined in 49

9 CFR 571.209. "Supplemental restraint system" includes one or

10 more airbags and all components required to ensure that an

11 airbag air bag works as designed by the vehicle manufacturer,

12 including both of the following:

13  (1) the airbag operates as designed in the event of a

14  crash; and

15  (2) the airbag is designed to meet federal motor

16  vehicle safety standards for the specific make, model, and

17  year of the vehicle in which it is or will be installed.

18  (b) A person commits airbag fraud when he or she, for

19 consideration, knowingly:

20  (1) imports, manufactures, sells, offers for sale,

21  installs, or reinstalls in a vehicle a counterfeit

22  supplemental restraint system component, a non-functional

23  airbag, or an object that does not comply with federal

24  safety regulations for the make, model, and year of the

25  vehicle in which it is or will be installed;

26  (2) sells, offers for sale, installs, or reinstalls in
    SB2394 Enrolled         - 2724 - LRB104 09208 AMC 19265 b

1   any motor vehicle a device that causes a motor vehicle's

2   diagnostic system to inaccurately indicate that the motor

3   vehicle is equipped with a properly functioning airbag; or

4   (3) sells, leases, trades, or transfers a motor

5   vehicle if the person knows that a counterfeit

6   supplemental restraint system component, a non-functional

7   airbag, or an object that does not comply with federal

8   safety regulations for the make, model, and year of the

9   vehicle as part of a vehicle inflatable restraint system.

10  (c) This Section does not apply to an owner or employee of

11 a motor vehicle dealership or the owner of a vehicle, who,

12 before the sale of the vehicle, does not have knowledge that

13 the vehicle's airbag, or another component of the vehicle's

14 supplemental restraint system, is counterfeit or

15 non-functioning.

16  (d) Sentence. A violation of this Section is a Class A

17 misdemeanor.

18 (Source: P.A. 103-900, eff. 8-9-24; revised 10-21-24.)

19  (720 ILCS 5/24-2)

20  Sec. 24-2. Exemptions.

21  (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

22 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

23 the following:

24  (1) Peace officers, and any person summoned by a peace

25  officer to assist in making arrests or preserving the
    SB2394 Enrolled          - 2725 - LRB104 09208 AMC 19265 b

1   peace, while actually engaged in assisting such officer.

2   (2) Wardens, superintendents, and keepers of prisons,

3   penitentiaries, jails, and other institutions for the

4   detention of persons accused or convicted of an offense,

5   while in the performance of their official duty, or while

6   commuting between their homes and places of employment.

7   (3) Members of the Armed Services or Reserve Forces of

8   the United States or the Illinois National Guard or the

9   Reserve Officers Training Corps, while in the performance

10  of their official duty.

11  (4) Special agents employed by a railroad or a public

12  utility to perform police functions, and guards of armored

13  car companies, while actually engaged in the performance

14  of the duties of their employment or commuting between

15  their homes and places of employment; and watchmen while

16  actually engaged in the performance of the duties of their

17  employment.

18  (5) Persons licensed as private security contractors,

19  private detectives, or private alarm contractors, or

20  employed by a private security contractor, private

21  detective, or private alarm contractor agency licensed by

22  the Department of Financial and Professional Regulation,

23  if their duties include the carrying of a weapon under the

24  provisions of the Private Detective, Private Alarm,

25  Private Security, Fingerprint Vendor, and Locksmith Act of

26  2004, while actually engaged in the performance of the
    SB2394 Enrolled  - 2726 - LRB104 09208 AMC 19265 b

1   duties of their employment or commuting between their

2   homes and places of employment. A person shall be

3   considered eligible for this exemption if he or she has

4   completed the required 20 hours of training for a private

5   security contractor, private detective, or private alarm

6   contractor, or employee of a licensed private security

7   contractor, private detective, or private alarm contractor

8   agency and 28 hours of required firearm training, and has

9   been issued a firearm control card by the Department of

10  Financial and Professional Regulation. Conditions for the

11  renewal of firearm control cards issued under the

12  provisions of this Section shall be the same as for those

13  cards issued under the provisions of the Private

14  Detective, Private Alarm, Private Security, Fingerprint

15  Vendor, and Locksmith Act of 2004. The firearm control

16  card shall be carried by the private security contractor,

17  private detective, or private alarm contractor, or

18  employee of the licensed private security contractor,

19  private detective, or private alarm contractor agency at

20  all times when he or she is in possession of a concealable

21  weapon permitted by his or her firearm control card.

22  (6) Any person regularly employed in a commercial or

23  industrial operation as a security guard for the

24  protection of persons employed and private property

25  related to such commercial or industrial operation, while

26  actually engaged in the performance of his or her duty or
    SB2394 Enrolled  - 2727 - LRB104 09208 AMC 19265 b

1   traveling between sites or properties belonging to the

2   employer, and who, as a security guard, is a member of a

3   security force registered with the Department of Financial

4   and Professional Regulation; provided that such security

5   guard has successfully completed a course of study,

6   approved by and supervised by the Department of Financial

7   and Professional Regulation, consisting of not less than

8   48 hours of training that includes the theory of law

9   enforcement, liability for acts, and the handling of

10  weapons. A person shall be considered eligible for this

11  exemption if he or she has completed the required 20 hours

12  of training for a security officer and 28 hours of

13  required firearm training, and has been issued a firearm

14  control card by the Department of Financial and

15  Professional Regulation. Conditions for the renewal of

16  firearm control cards issued under the provisions of this

17  Section shall be the same as for those cards issued under

18  the provisions of the Private Detective, Private Alarm,

19  Private Security, Fingerprint Vendor, and Locksmith Act of

20  2004. The firearm control card shall be carried by the

21  security guard at all times when he or she is in possession

22  of a concealable weapon permitted by his or her firearm

23  control card.

24  (7) Agents and investigators of the Illinois

25  Legislative Investigating Commission authorized by the

26  Commission to carry the weapons specified in subsections
    SB2394 Enrolled  - 2728 - LRB104 09208 AMC 19265 b

1   24-1(a)(3) and 24-1(a)(4), while on duty in the course of

2   any investigation for the Commission.

3   (8) Persons employed by a financial institution as a

4   security guard for the protection of other employees and

5   property related to such financial institution, while

6   actually engaged in the performance of their duties,

7   commuting between their homes and places of employment, or

8   traveling between sites or properties owned or operated by

9   such financial institution, and who, as a security guard,

10  is a member of a security force registered with the

11  Department; provided that any person so employed has

12  successfully completed a course of study, approved by and

13  supervised by the Department of Financial and Professional

14  Regulation, consisting of not less than 48 hours of

15  training which includes theory of law enforcement,

16  liability for acts, and the handling of weapons. A person

17  shall be considered to be eligible for this exemption if

18  he or she has completed the required 20 hours of training

19  for a security officer and 28 hours of required firearm

20  training, and has been issued a firearm control card by

21  the Department of Financial and Professional Regulation.

22  Conditions for renewal of firearm control cards issued

23  under the provisions of this Section shall be the same as

24  for those issued under the provisions of the Private

25  Detective, Private Alarm, Private Security, Fingerprint

26  Vendor, and Locksmith Act of 2004. The firearm control
    SB2394 Enrolled  - 2729 - LRB104 09208 AMC 19265 b

1   card shall be carried by the security guard at all times

2   when he or she is in possession of a concealable weapon

3   permitted by his or her firearm control card. For purposes

4   of this subsection, "financial institution" means a bank,

5   savings and loan association, credit union, or company

6   providing armored car services.

7   (9) Any person employed by an armored car company to

8   drive an armored car, while actually engaged in the

9   performance of his duties.

10  (10) Persons who have been classified as peace

11  officers pursuant to the Peace Officer Fire Investigation

12  Act.

13  (11) Investigators of the Office of the State's

14  Attorneys Appellate Prosecutor authorized by the board of

15  governors of the Office of the State's Attorneys Appellate

16  Prosecutor to carry weapons pursuant to Section 7.06 of

17  the State's Attorneys Appellate Prosecutor's Act.

18  (12) Special investigators appointed by a State's

19  Attorney under Section 3-9005 of the Counties Code.

20  (12.5) Probation officers while in the performance of

21  their duties, or while commuting between their homes,

22  places of employment or specific locations that are part

23  of their assigned duties, with the consent of the chief

24  judge of the circuit for which they are employed, if they

25  have received weapons training according to requirements

26  of the Peace Officer and Probation Officer Firearm
    SB2394 Enrolled         - 2730 - LRB104 09208 AMC 19265 b

1   Training Act.

2   (13) Court security officers Security Officers while

3   in the performance of their official duties, or while

4   commuting between their homes and places of employment,

5   with the consent of the sheriff Sheriff.

6   (13.5) A person employed as an armed security guard at

7   a nuclear energy, storage, weapons, or development site or

8   facility regulated by the Nuclear Regulatory Commission

9   who has completed the background screening and training

10  mandated by the rules and regulations of the Nuclear

11  Regulatory Commission.

12  (14) Manufacture, transportation, or sale of weapons

13  to persons authorized under subdivisions (1) through

14  (13.5) of this subsection to possess those weapons.

15  (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

16 to or affect any person carrying a concealed pistol, revolver,

17 or handgun and the person has been issued a currently valid

18 license under the Firearm Concealed Carry Act at the time of

19 the commission of the offense.

20  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

21 to or affect a qualified current or retired law enforcement

22 officer or a current or retired deputy, county correctional

23 officer, or correctional officer of the Department of

24 Corrections qualified under the laws of this State or under

25 the federal Law Enforcement Officers Safety Act.

26  (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
    SB2394 Enrolled       - 2731 - LRB104 09208 AMC 19265 b

1 24-1.6 do not apply to or affect any of the following:

2   (1) Members of any club or organization organized for

3   the purpose of practicing shooting at targets upon

4   established target ranges, whether public or private, and

5   patrons of such ranges, while such members or patrons are

6   using their firearms on those target ranges.

7   (2) Duly authorized military or civil organizations

8   while parading, with the special permission of the

9   Governor.

10  (3) Hunters, trappers, or fishermen while engaged in

11  lawful hunting, trapping, or fishing under the provisions

12  of the Wildlife Code or the Fish and Aquatic Life Code.

13  (4) Transportation of weapons that are broken down in

14  a non-functioning state or are not immediately accessible.

15  (5) Carrying or possessing any pistol, revolver, stun

16  gun or taser or other firearm on the land or in the legal

17  dwelling of another person as an invitee with that

18  person's permission.

19  (c) Subsection 24-1(a)(7) does not apply to or affect any

20 of the following:

21  (1) Peace officers while in performance of their

22  official duties.

23  (2) Wardens, superintendents, and keepers of prisons,

24  penitentiaries, jails, and other institutions for the

25  detention of persons accused or convicted of an offense.

26  (3) Members of the Armed Services or Reserve Forces of
    SB2394 Enrolled  - 2732 - LRB104 09208 AMC 19265 b

1   the United States or the Illinois National Guard, while in

2   the performance of their official duty.

3   (4) Manufacture, transportation, or sale of machine

4   guns to persons authorized under subdivisions (1) through

5   (3) of this subsection to possess machine guns, if the

6   machine guns are broken down in a non-functioning state or

7   are not immediately accessible.

8   (5) Persons licensed under federal law to manufacture

9   any weapon from which 8 or more shots or bullets can be

10  discharged by a single function of the firing device, or

11  ammunition for such weapons, and actually engaged in the

12  business of manufacturing such weapons or ammunition, but

13  only with respect to activities which are within the

14  lawful scope of such business, such as the manufacture,

15  transportation, or testing of such weapons or ammunition.

16  This exemption does not authorize the general private

17  possession of any weapon from which 8 or more shots or

18  bullets can be discharged by a single function of the

19  firing device, but only such possession and activities as

20  are within the lawful scope of a licensed manufacturing

21  business described in this paragraph.

22  During transportation, such weapons shall be broken

23  down in a non-functioning state or not immediately

24  accessible.

25  (6) The manufacture, transport, testing, delivery,

26  transfer, or sale, and all lawful commercial or
    SB2394 Enrolled  - 2733 - LRB104 09208 AMC 19265 b

1   experimental activities necessary thereto, of rifles,

2   shotguns, and weapons made from rifles or shotguns, or

3   ammunition for such rifles, shotguns, or weapons, where

4   engaged in by a person operating as a contractor or

5   subcontractor pursuant to a contract or subcontract for

6   the development and supply of such rifles, shotguns,

7   weapons, or ammunition to the United States government or

8   any branch of the Armed Forces of the United States, when

9   such activities are necessary and incident to fulfilling

10  the terms of such contract.

11  The exemption granted under this subdivision (c)(6)

12  shall also apply to any authorized agent of any such

13  contractor or subcontractor who is operating within the

14  scope of his employment, where such activities involving

15  such weapon, weapons, or ammunition are necessary and

16  incident to fulfilling the terms of such contract.

17  (7) A person possessing a rifle with a barrel or

18  barrels less than 16 inches in length if: (A) the person

19  has been issued a Curios and Relics license from the U.S.

20  Bureau of Alcohol, Tobacco, Firearms and Explosives; or

21  (B) the person is an active member of a bona fide,

22  nationally recognized military re-enacting group and the

23  modification is required and necessary to accurately

24  portray the weapon for historical re-enactment purposes;

25  the re-enactor is in possession of a valid and current

26  re-enacting group membership credential; and the overall
    SB2394 Enrolled  - 2734 - LRB104 09208 AMC 19265 b

1       length of the weapon as modified is not less than 26

2       inches.

3       (d) Subsection 24-1(a)(1) does not apply to the purchase,

4 possession or carrying of a black-jack or slung-shot by a

5 peace officer.

6       (e) Subsection 24-1(a)(8) does not apply to any owner,

7 manager, or authorized employee of any place specified in that

8 subsection nor to any law enforcement officer.

9       (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

10 Section 24-1.6 do not apply to members of any club or

11 organization organized for the purpose of practicing shooting

12 at targets upon established target ranges, whether public or

13 private, while using their firearms on those target ranges.

14      (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

15 to:

16      (1) Members of the Armed Services or Reserve Forces of

17      the United States or the Illinois National Guard, while in

18      the performance of their official duty.

19      (2) Bonafide collectors of antique or surplus military

20      ordnance.

21      (3) Laboratories having a department of forensic

22      ballistics, or specializing in the development of

23      ammunition or explosive ordnance.

24      (4) Commerce, preparation, assembly, or possession of

25      explosive bullets by manufacturers of ammunition licensed

26      by the federal government, in connection with the supply
    SB2394 Enrolled  - 2735 - LRB104 09208 AMC 19265 b

1   of those organizations and persons exempted by subdivision

2   (g)(1) of this Section, or like organizations and persons

3   outside this State, or the transportation of explosive

4   bullets to any organization or person exempted in this

5   Section by a common carrier or by a vehicle owned or leased

6   by an exempted manufacturer.

7   (g-5) Subsection 24-1(a)(6) does not apply to or affect

8 persons licensed under federal law to manufacture any device

9 or attachment of any kind designed, used, or intended for use

10 in silencing the report of any firearm, firearms, or

11 ammunition for those firearms equipped with those devices, and

12 actually engaged in the business of manufacturing those

13 devices, firearms, or ammunition, but only with respect to

14 activities that are within the lawful scope of that business,

15 such as the manufacture, transportation, or testing of those

16 devices, firearms, or ammunition. This exemption does not

17 authorize the general private possession of any device or

18 attachment of any kind designed, used, or intended for use in

19 silencing the report of any firearm, but only such possession

20 and activities as are within the lawful scope of a licensed

21 manufacturing business described in this subsection (g-5).

22 During transportation, these devices shall be detached from

23 any weapon or not immediately accessible.

24  (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

25 24-1.6 do not apply to or affect any parole agent or parole

26 supervisor who meets the qualifications and conditions
    SB2394 Enrolled  - 2736 - LRB104 09208 AMC 19265 b

1 prescribed in Section 3-14-1.5 of the Unified Code of

2 Corrections.

3   (g-7) Subsection 24-1(a)(6) does not apply to a peace

4 officer while serving as a member of a tactical response team

5 or special operations team. A peace officer may not personally

6 own or apply for ownership of a device or attachment of any

7 kind designed, used, or intended for use in silencing the

8 report of any firearm. These devices shall be owned and

9 maintained by lawfully recognized units of government whose

10 duties include the investigation of criminal acts.

11  (g-10) (Blank).

12  (h) An information or indictment based upon a violation of

13 any subsection of this Article need not negate negative any

14 exemptions contained in this Article. The defendant shall have

15 the burden of proving such an exemption.

16  (i) Nothing in this Article shall prohibit, apply to, or

17 affect the transportation, carrying, or possession, of any

18 pistol or revolver, stun gun, taser, or other firearm

19 consigned to a common carrier operating under license of the

20 State of Illinois or the federal government, where such

21 transportation, carrying, or possession is incident to the

22 lawful transportation in which such common carrier is engaged;

23 and nothing in this Article shall prohibit, apply to, or

24 affect the transportation, carrying, or possession of any

25 pistol, revolver, stun gun, taser, or other firearm, not the

26 subject of and regulated by subsection 24-1(a)(7) or
    SB2394 Enrolled     - 2737 - LRB104 09208 AMC 19265 b

1 subsection 24-2(c) of this Article, which is unloaded and
2 enclosed in a case, firearm carrying box, shipping box, or
3 other container, by the possessor of a valid Firearm Owners
4 Identification Card.
5 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
6 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised
7 7-22-24.)

8   Section 1065. The Illinois Controlled Substances Act is

9 amended by changing Section 410 as follows:

10  (720 ILCS 570/410)

11  Sec. 410. (a) Whenever any person who has not previously

12 been convicted of any felony offense under this Act or any law

13 of the United States or of any State relating to cannabis or

14 controlled substances, pleads guilty to or is found guilty of

15 possession of a controlled or counterfeit substance under

16 subsection (c) of Section 402 or of unauthorized possession of

17 prescription form under Section 406.2, the court, without

18 entering a judgment and with the consent of such person, may

19 sentence him or her to probation. A sentence under this

20 Section shall not be considered a conviction under Illinois

21 law unless and until judgment is entered under subsection (e)

22 of this Section.

23  (b) When a person is placed on probation, the court shall

24 enter an order specifying a period of probation of 24 months
    SB2394 Enrolled          - 2738 - LRB104 09208 AMC 19265 b

1 and shall defer further proceedings in the case until the

2 conclusion of the period or until the filing of a petition

3 alleging violation of a term or condition of probation.

4   (c) The conditions of probation shall be that the person:

5 (1) not violate any criminal statute of any jurisdiction; (2)

6 refrain from possessing a firearm or other dangerous weapon;

7 (3) submit to periodic drug testing at a time and in a manner

8 as ordered by the court, but no less than 3 times during the

9 period of the probation, with the cost of the testing to be

10 paid by the probationer; and (4) perform no less than 30 hours

11 of community service, provided community service is available

12 in the jurisdiction and is funded and approved by the county

13 board. The court may give credit toward the fulfillment of

14 community service hours for participation in activities and

15 treatment as determined by court services.

16  (d) The court may, in addition to other conditions,

17 require that the person:

18  (1) make a report to and appear in person before or

19  participate with the court or such courts, person, or

20  social service agency as directed by the court in the

21  order of probation;

22  (2) pay a fine and costs;

23  (3) work or pursue a course of study or vocational

24  training;

25  (4) undergo medical or psychiatric treatment; or

26  treatment or rehabilitation approved by the Illinois
    SB2394 Enrolled  - 2739 - LRB104 09208 AMC 19265 b

1   Department of Human Services;

2   (5) attend or reside in a facility established for the

3   instruction or residence of defendants on probation;

4   (6) support his or her dependents;

5   (6-5) refrain from having in his or her body the

6   presence of any illicit drug prohibited by the Cannabis

7   Control Act, the Illinois Controlled Substances Act, or

8   the Methamphetamine Control and Community Protection Act,

9   unless prescribed by a physician, and submit samples of

10  his or her blood or urine or both for tests to determine

11  the presence of any illicit drug;

12  (7) and in addition, if a minor:

13  (i) reside with his or her parents or in a foster

14  home;

15  (ii) attend school;

16  (iii) attend a non-residential program for youth;

17  (iv) contribute to his or her own support at home

18  or in a foster home.

19  (e) Upon violation of a term or condition of probation,

20 the court may enter a judgment on its original finding of guilt

21 and proceed as otherwise provided.

22  (f) Upon fulfillment of the terms and conditions of

23 probation, the court shall discharge the person and dismiss

24 the proceedings against him or her.

25  (g) A disposition of probation is considered to be a

26 conviction for the purposes of imposing the conditions of
    SB2394 Enrolled  - 2740 - LRB104 09208 AMC 19265 b

1 probation and for appeal, however, a sentence under this

2 Section is not a conviction for purposes of this Act or for

3 purposes of disqualifications or disabilities imposed by law

4 upon conviction of a crime unless and until judgment is

5 entered.

6   (h) A person may not have more than one discharge and

7 dismissal under this Section within a 4-year period.

8   (i) If a person is convicted of an offense under this Act,

9 the Cannabis Control Act, or the Methamphetamine Control and

10 Community Protection Act within 5 years subsequent to a

11 discharge and dismissal under this Section, the discharge and

12 dismissal under this Section shall be admissible in the

13 sentencing proceeding for that conviction as evidence in

14 aggravation.

15  (j) Notwithstanding subsection (a), before a person is

16 sentenced to probation under this Section, the court may refer

17 the person to the drug court established in that judicial

18 circuit pursuant to Section 15 of the Drug Court Treatment

19 Act. The drug court team shall evaluate the person's

20 likelihood of successfully completing a sentence of probation

21 under this Section and shall report the results of its

22 evaluation to the court. If the drug court team finds that the

23 person suffers from a substance use disorder that makes him or

24 her substantially unlikely to successfully complete a sentence

25 of probation under this Section, then the drug court shall set

26 forth its findings in the form of a written order, and the
    SB2394 Enrolled  - 2741 - LRB104 09208 AMC 19265 b

1 person shall not be sentenced to probation under this Section,
2 but shall be considered for the drug court program.
3 (Source: P.A. 103-702, eff. 1-1-25; 103-881, eff. 1-1-25;
4 revised 11-26-24.)

5   Section 1070. The Drug Paraphernalia Control Act is

6 amended by changing Section 2 as follows:

7   (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)

8   Sec. 2. As used in this Act, unless the context otherwise

9 requires:

10  (a) The term "cannabis" shall have the meaning ascribed to

11 it in Section 3 of the Cannabis Control Act, as if that

12 definition were incorporated herein.

13  (b) The term "controlled substance" shall have the meaning

14 ascribed to it in Section 102 of the Illinois Controlled

15 Substances Act, as if that definition were incorporated

16 herein.

17  (c) "Deliver" or "delivery" means the actual,

18 constructive, or attempted transfer of possession, with or

19 without consideration, whether or not there is an agency

20 relationship.

21  (d) "Drug paraphernalia" means all equipment, products,

22 and materials of any kind, other than methamphetamine

23 manufacturing materials as defined in Section 10 of the

24 Methamphetamine Control and Community Protection Act and
    SB2394 Enrolled  - 2742 - LRB104 09208 AMC 19265 b

1 cannabis paraphernalia as defined in Section 1-10 of the

2 Cannabis Regulation and Tax Act, which are intended to be used

3 unlawfully in planting, propagating, cultivating, growing,

4 harvesting, manufacturing, compounding, converting,

5 producing, processing, preparing, testing, analyzing,

6 packaging, repackaging, storing, containing, concealing,

7 injecting, ingesting, inhaling, or otherwise introducing into

8 the human body a controlled substance in violation of the

9 Illinois Controlled Substances Act or the Methamphetamine

10 Control and Community Protection Act or a synthetic drug

11 product or misbranded drug in violation of the Illinois Food,

12 Drug and Cosmetic Act. It includes, but is not limited to:

13  (1) kits intended to be used unlawfully in

14  manufacturing, compounding, converting, producing,

15  processing, or preparing a controlled substance;

16  (2) isomerization devices intended to be used

17  unlawfully in increasing the potency of any species of

18  plant which is a controlled substance;

19  (3) testing equipment intended to be used unlawfully

20  in a private home for identifying or in analyzing the

21  strength, effectiveness, or purity of controlled

22  substances;

23  (4) diluents and adulterants intended to be used

24  unlawfully for cutting a controlled substance by private

25  persons;

26  (5) objects intended to be used unlawfully in
    SB2394 Enrolled       - 2743 - LRB104 09208 AMC 19265 b

1   ingesting, inhaling, or otherwise introducing cocaine or a

2   synthetic drug product or misbranded drug in violation of

3   the Illinois Food, Drug and Cosmetic Act into the human

4   body including, where applicable, the following items:

5   (A) water pipes;

6   (B) carburetion tubes and devices;

7   (C) smoking and carburetion masks;

8   (D) miniature cocaine spoons and cocaine vials;

9   (E) carburetor pipes;

10  (F) electric pipes;

11  (G) air-driven pipes;

12  (H) chillums;

13  (I) bongs;

14  (J) ice pipes or chillers;

15  (6) any item whose purpose, as announced or described

16  by the seller, is for use in violation of this Act.

17  "Drug paraphernalia" does not include equipment, products,

18 or materials to analyze or test for the presence of fentanyl, a

19 fentanyl analog analogue, or a drug adulterant within a

20 controlled substance.

21 (Source: P.A. 103-336, eff. 1-1-24; revised 7-22-24.)

22  Section 1075. The Code of Criminal Procedure of 1963 is

23 amended by changing Section 110-6.1 as follows:

24  (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
    SB2394 Enrolled  - 2744 - LRB104 09208 AMC 19265 b

1      Sec. 110-6.1. Denial of pretrial release.

2      (a) Upon verified petition by the State, the court shall

3 hold a hearing and may deny a defendant pretrial release only

4 if:

5      (1) the defendant is charged with a felony offense

6      other than a forcible felony for which, based on the

7      charge or the defendant's criminal history, a sentence of

8      imprisonment, without probation, periodic imprisonment, or

9      conditional discharge, is required by law upon conviction,

10     and it is alleged that the defendant's pretrial release

11     poses a real and present threat to the safety of any person

12     or persons or the community, based on the specific

13     articulable facts of the case;

14     (1.5) the defendant's pretrial release poses a real

15     and present threat to the safety of any person or persons

16     or the community, based on the specific articulable facts

17     of the case, and the defendant is charged with a forcible

18     felony, which as used in this Section, means treason,

19     first degree murder, second degree murder, predatory

20     criminal sexual assault of a child, aggravated criminal

21     sexual assault, criminal sexual assault, armed robbery,

22     aggravated robbery, robbery, burglary where there is use

23     of force against another person, residential burglary,

24     home invasion, vehicular invasion, aggravated arson,

25     arson, aggravated kidnaping, kidnaping, aggravated battery

26     resulting in great bodily harm or permanent disability or
    SB2394 Enrolled  - 2745 - LRB104 09208 AMC 19265 b

1   disfigurement, or any other felony which involves the

2   threat of or infliction of great bodily harm or permanent

3   disability or disfigurement;

4   (2) the defendant is charged with stalking or

5   aggravated stalking, and it is alleged that the

6   defendant's pre-trial release poses a real and present

7   threat to the safety of a victim of the alleged offense,

8   and denial of release is necessary to prevent fulfillment

9   of the threat upon which the charge is based;

10  (3) the defendant is charged with a violation of an

11  order of protection issued under Section 112A-14 of this

12  Code or Section 214 of the Illinois Domestic Violence Act

13  of 1986, a stalking no contact order under Section 80 of

14  the Stalking No Contact Order Act, or of a civil no contact

15  order under Section 213 of the Civil No Contact Order Act,

16  and it is alleged that the defendant's pretrial release

17  poses a real and present threat to the safety of any person

18  or persons or the community, based on the specific

19  articulable facts of the case;

20  (4) the defendant is charged with domestic battery or

21  aggravated domestic battery under Section 12-3.2 or 12-3.3

22  of the Criminal Code of 2012 and it is alleged that the

23  defendant's pretrial release poses a real and present

24  threat to the safety of any person or persons or the

25  community, based on the specific articulable facts of the

26  case;
    SB2394 Enrolled  - 2746 - LRB104 09208 AMC 19265 b

1   (5) the defendant is charged with any offense under

2   Article 11 of the Criminal Code of 2012, except for

3   Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,

4   11-40, and 11-45 of the Criminal Code of 2012, or similar

5   provisions of the Criminal Code of 1961 and it is alleged

6   that the defendant's pretrial release poses a real and

7   present threat to the safety of any person or persons or

8   the community, based on the specific articulable facts of

9   the case;

10  (6) the defendant is charged with any of the following

11  offenses under the Criminal Code of 2012, and it is

12  alleged that the defendant's pretrial release poses a real

13  and present threat to the safety of any person or persons

14  or the community, based on the specific articulable facts

15  of the case:

16  (A) Section 24-1.2 (aggravated discharge of a

17  firearm);

18  (B) Section 24-1.2-5 24-2.5 (aggravated discharge

19  of a machine gun or a firearm equipped with a device

20  designed or used use for silencing the report of a

21  firearm);

22  (C) Section 24-1.5 (reckless discharge of a

23  firearm);

24  (D) Section 24-1.7 (unlawful possession of a

25  firearm by a repeat felony offender);

26  (E) Section 24-2.2 (manufacture, sale, or transfer
    SB2394 Enrolled   - 2747 - LRB104 09208 AMC 19265 b

1   of bullets or shells represented to be armor piercing

2   bullets, dragon's breath shotgun shells, bolo shells,

3   or flechette shells);

4   (F) Section 24-3 (unlawful sale or delivery of

5   firearms);

6   (G) Section 24-3.3 (unlawful sale or delivery of

7   firearms on the premises of any school);

8   (H) Section 24-34 (unlawful sale of firearms by

9   liquor license);

10  (I) Section 24-3.5 (unlawful purchase of a

11  firearm);

12  (J) Section 24-3A (gunrunning);

13  (K) Section 24-3B (firearms trafficking);

14  (L) Section 10-9 (b) (involuntary servitude);

15  (M) Section 10-9 (c) (involuntary sexual servitude

16  of a minor);

17  (N) Section 10-9(d) (trafficking in persons);

18  (O) Non-probationable violations: (i) unlawful

19  possession of weapons by felons or persons in the

20  Custody of the Department of Corrections facilities

21  (Section 24-1.1), (ii) aggravated unlawful possession

22  of a weapon (Section 24-1.6), or (iii) aggravated

23  possession of a stolen firearm (Section 24-3.9);

24  (P) Section 9-3 (reckless homicide and involuntary

25  manslaughter);

26  (Q) Section 19-3 (residential burglary);
    SB2394 Enrolled  - 2748 - LRB104 09208 AMC 19265 b

1   (R) Section 10-5 (child abduction);

2   (S) Felony violations of Section 12C-5 (child

3   endangerment);

4   (T) Section 12-7.1 (hate crime);

5   (U) Section 10-3.1 (aggravated unlawful

6   restraint);

7   (V) Section 12-9 (threatening a public official);

8   (W) Subdivision (f)(1) of Section 12-3.05

9   (aggravated battery with a deadly weapon other than by

10  discharge of a firearm);

11  (6.5) the defendant is charged with any of the

12  following offenses, and it is alleged that the defendant's

13  pretrial release poses a real and present threat to the

14  safety of any person or persons or the community, based on

15  the specific articulable facts of the case:

16  (A) Felony violations of Sections 3.01, 3.02, or

17  3.03 of the Humane Care for Animals Act (cruel

18  treatment, aggravated cruelty, and animal torture);

19  (B) Subdivision (d)(1)(B) of Section 11-501 of the

20  Illinois Vehicle Code (aggravated driving under the

21  influence while operating a school bus with

22  passengers);

23  (C) Subdivision (d)(1)(C) of Section 11-501 of the

24  Illinois Vehicle Code (aggravated driving under the

25  influence causing great bodily harm);

26  (D) Subdivision (d)(1)(D) of Section 11-501 of the
    SB2394 Enrolled  - 2749 - LRB104 09208 AMC 19265 b

1   Illinois Vehicle Code (aggravated driving under the

2   influence after a previous reckless homicide

3   conviction);

4   (E) Subdivision (d)(1)(F) of Section 11-501 of the

5   Illinois Vehicle Code (aggravated driving under the

6   influence leading to death); or

7   (F) Subdivision (d)(1)(J) of Section 11-501 of the

8   Illinois Vehicle Code (aggravated driving under the

9   influence that resulted in bodily harm to a child

10  under the age of 16);

11  (7) the defendant is charged with an attempt to commit

12  any charge listed in paragraphs (1) through (6.5), and it

13  is alleged that the defendant's pretrial release poses a

14  real and present threat to the safety of any person or

15  persons or the community, based on the specific

16  articulable facts of the case; or

17  (8) the person has a high likelihood of willful flight

18  to avoid prosecution and is charged with:

19  (A) Any felony described in subdivisions (a)(1)

20  through (a)(7) of this Section; or

21  (B) A felony offense other than a Class 4 offense.

22  (b) If the charged offense is a felony, as part of the

23 detention hearing, the court shall determine whether there is

24 probable cause the defendant has committed an offense, unless

25 a hearing pursuant to Section 109-3 of this Code has already

26 been held or a grand jury has returned a true bill of
    SB2394 Enrolled          - 2750 - LRB104 09208 AMC 19265 b

1 indictment against the defendant. If there is a finding of no

2 probable cause, the defendant shall be released. No such

3 finding is necessary if the defendant is charged with a

4 misdemeanor.

5   (c) Timing of petition.

6   (1) A petition may be filed without prior notice to

7   the defendant at the first appearance before a judge, or

8   within the 21 calendar days, except as provided in Section

9   110-6, after arrest and release of the defendant upon

10  reasonable notice to defendant; provided that while such

11  petition is pending before the court, the defendant if

12  previously released shall not be detained.

13  (2) Upon filing, the court shall immediately hold a

14  hearing on the petition unless a continuance is requested.

15  If a continuance is requested and granted, the hearing

16  shall be held within 48 hours of the defendant's first

17  appearance if the defendant is charged with first degree

18  murder or a Class X, Class 1, Class 2, or Class 3 felony,

19  and within 24 hours if the defendant is charged with a

20  Class 4 or misdemeanor offense. The Court may deny or

21  grant the request for continuance. If the court decides to

22  grant the continuance, the Court retains the discretion to

23  detain or release the defendant in the time between the

24  filing of the petition and the hearing.

25  (d) Contents of petition.

26  (1) The petition shall be verified by the State and
    SB2394 Enrolled      - 2751 - LRB104 09208 AMC 19265 b

1   shall state the grounds upon which it contends the

2   defendant should be denied pretrial release, including the

3   real and present threat to the safety of any person or

4   persons or the community, based on the specific

5   articulable facts or flight risk, as appropriate.

6   (2) If the State seeks to file a second or subsequent

7   petition under this Section, the State shall be required

8   to present a verified application setting forth in detail

9   any new facts not known or obtainable at the time of the

10  filing of the previous petition.

11  (e) Eligibility: All defendants shall be presumed eligible

12 for pretrial release, and the State shall bear the burden of

13 proving by clear and convincing evidence that:

14  (1) the proof is evident or the presumption great that

15  the defendant has committed an offense listed in

16  subsection (a), and

17  (2) for offenses listed in paragraphs (1) through (7)

18  of subsection (a), the defendant poses a real and present

19  threat to the safety of any person or persons or the

20  community, based on the specific articulable facts of the

21  case, by conduct which may include, but is not limited to,

22  a forcible felony, the obstruction of justice,

23  intimidation, injury, or abuse as defined by paragraph (1)

24  of Section 103 of the Illinois Domestic Violence Act of

25  1986, and

26  (3) no condition or combination of conditions set
    SB2394 Enrolled  - 2752 - LRB104 09208 AMC 19265 b

1   forth in subsection (b) of Section 110-10 of this Article

2   can mitigate (i) the real and present threat to the safety

3   of any person or persons or the community, based on the

4   specific articulable facts of the case, for offenses

5   listed in paragraphs (1) through (7) of subsection (a), or

6   (ii) the defendant's willful flight for offenses listed in

7   paragraph (8) of subsection (a), and

8   (4) for offenses under subsection (b) of Section 407

9   of the Illinois Controlled Substances Act that are subject

10  to paragraph (1) of subsection (a), no condition or

11  combination of conditions set forth in subsection (b) of

12  Section 110-10 of this Article can mitigate the real and

13  present threat to the safety of any person or persons or

14  the community, based on the specific articulable facts of

15  the case, and the defendant poses a serious risk to not

16  appear in court as required.

17  (f) Conduct of the hearings.

18  (1) Prior to the hearing, the State shall tender to

19  the defendant copies of the defendant's criminal history

20  available, any written or recorded statements, and the

21  substance of any oral statements made by any person, if

22  relied upon by the State in its petition, and any police

23  reports in the prosecutor's possession at the time of the

24  hearing.

25  (2) The State or defendant may present evidence at the

26  hearing by way of proffer based upon reliable information.
    SB2394 Enrolled  - 2753 - LRB104 09208 AMC 19265 b

1   (3) The defendant has the right to be represented by

2   counsel, and if he or she is indigent, to have counsel

3   appointed for him or her. The defendant shall have the

4   opportunity to testify, to present witnesses on his or her

5   own behalf, and to cross-examine any witnesses that are

6   called by the State. Defense counsel shall be given

7   adequate opportunity to confer with the defendant before

8   any hearing at which conditions of release or the

9   detention of the defendant are to be considered, with an

10  accommodation for a physical condition made to facilitate

11  attorney/client consultation. If defense counsel needs to

12  confer or consult with the defendant during any hearing

13  conducted via a 2-way two-way audio-visual communication

14  system, such consultation shall not be recorded and shall

15  be undertaken consistent with constitutional protections.

16  (3.5) A hearing at which pretrial release may be

17  denied must be conducted in person (and not by way of 2-way

18  two-way audio visual communication) unless the accused

19  waives the right to be present physically in court, the

20  court determines that the physical health and safety of

21  any person necessary to the proceedings would be

22  endangered by appearing in court, or the chief judge of

23  the circuit orders use of that system due to operational

24  challenges in conducting the hearing in person. Such

25  operational challenges must be documented and approved by

26  the chief judge of the circuit, and a plan to address the
    SB2394 Enrolled         - 2754 - LRB104 09208 AMC 19265 b

1   challenges through reasonable efforts must be presented

2   and approved by the Administrative Office of the Illinois

3   Courts every 6 months.

4   (4) If the defense seeks to compel the complaining

5   witness to testify as a witness in its favor, it shall

6   petition the court for permission. When the ends of

7   justice so require, the court may exercise its discretion

8   and compel the appearance of a complaining witness. The

9   court shall state on the record reasons for granting a

10  defense request to compel the presence of a complaining

11  witness only on the issue of the defendant's pretrial

12  detention. In making a determination under this Section,

13  the court shall state on the record the reason for

14  granting a defense request to compel the presence of a

15  complaining witness, and only grant the request if the

16  court finds by clear and convincing evidence that the

17  defendant will be materially prejudiced if the complaining

18  witness does not appear. Cross-examination of a

19  complaining witness at the pretrial detention hearing for

20  the purpose of impeaching the witness' credibility is

21  insufficient reason to compel the presence of the witness.

22  In deciding whether to compel the appearance of a

23  complaining witness, the court shall be considerate of the

24  emotional and physical well-being of the witness. The

25  pre-trial detention hearing is not to be used for purposes

26  of discovery, and the post arraignment rules of discovery
    SB2394 Enrolled  - 2755 - LRB104 09208 AMC 19265 b

1   do not apply. The State shall tender to the defendant,

2   prior to the hearing, copies, if any, of the defendant's

3   criminal history, if available, and any written or

4   recorded statements and the substance of any oral

5   statements made by any person, if in the State's

6   Attorney's possession at the time of the hearing.

7   (5) The rules concerning the admissibility of evidence

8   in criminal trials do not apply to the presentation and

9   consideration of information at the hearing. At the trial

10  concerning the offense for which the hearing was conducted

11  neither the finding of the court nor any transcript or

12  other record of the hearing shall be admissible in the

13  State's case-in-chief, but shall be admissible for

14  impeachment, or as provided in Section 115-10.1 of this

15  Code, or in a perjury proceeding.

16  (6) The defendant may not move to suppress evidence or

17  a confession, however, evidence that proof of the charged

18  crime may have been the result of an unlawful search or

19  seizure, or both, or through improper interrogation, is

20  relevant in assessing the weight of the evidence against

21  the defendant.

22  (7) Decisions regarding release, conditions of

23  release, and detention prior to trial must be

24  individualized, and no single factor or standard may be

25  used exclusively to order detention. Risk assessment tools

26  may not be used as the sole basis to deny pretrial release.
    SB2394 Enrolled        - 2756 - LRB104 09208 AMC 19265 b

1   (g) Factors to be considered in making a determination of

2 dangerousness. The court may, in determining whether the

3 defendant poses a real and present threat to the safety of any

4 person or persons or the community, based on the specific

5 articulable facts of the case, consider, but shall not be

6 limited to, evidence or testimony concerning:

7   (1) The nature and circumstances of any offense

8   charged, including whether the offense is a crime of

9   violence, involving a weapon, or a sex offense.

10  (2) The history and characteristics of the defendant

11  including:

12  (A) Any evidence of the defendant's prior criminal

13  history indicative of violent, abusive, or assaultive

14  behavior, or lack of such behavior. Such evidence may

15  include testimony or documents received in juvenile

16  proceedings, criminal, quasi-criminal, civil

17  commitment, domestic relations, or other proceedings.

18  (B) Any evidence of the defendant's psychological,

19  psychiatric or other similar social history which

20  tends to indicate a violent, abusive, or assaultive

21  nature, or lack of any such history.

22  (3) The identity of any person or persons to whose

23  safety the defendant is believed to pose a threat, and the

24  nature of the threat.

25  (4) Any statements made by, or attributed to the

26  defendant, together with the circumstances surrounding
    SB2394 Enrolled       - 2757 - LRB104 09208 AMC 19265 b

1   them.

2   (5) The age and physical condition of the defendant.

3   (6) The age and physical condition of any victim or

4   complaining witness.

5   (7) Whether the defendant is known to possess or have

6   access to any weapon or weapons.

7   (8) Whether, at the time of the current offense or any

8   other offense or arrest, the defendant was on probation,

9   parole, aftercare release, mandatory supervised release,

10  or other release from custody pending trial, sentencing,

11  appeal, or completion of sentence for an offense under

12  federal or State state law.

13  (9) Any other factors, including those listed in

14  Section 110-5 of this Article deemed by the court to have a

15  reasonable bearing upon the defendant's propensity or

16  reputation for violent, abusive, or assaultive behavior,

17  or lack of such behavior.

18  (h) Detention order. The court shall, in any order for

19 detention:

20  (1) make a written finding summarizing the court's

21  reasons for concluding that the defendant should be denied

22  pretrial release, including why less restrictive

23  conditions would not avoid a real and present threat to

24  the safety of any person or persons or the community,

25  based on the specific articulable facts of the case, or

26  prevent the defendant's willful flight from prosecution;
    SB2394 Enrolled  - 2758 - LRB104 09208 AMC 19265 b

1   (2) direct that the defendant be committed to the

2   custody of the sheriff for confinement in the county jail

3   pending trial;

4   (3) direct that the defendant be given a reasonable

5   opportunity for private consultation with counsel, and for

6   communication with others of his or her choice by

7   visitation, mail and telephone; and

8   (4) direct that the sheriff deliver the defendant as

9   required for appearances in connection with court

10  proceedings.

11  (i) Detention. If the court enters an order for the

12 detention of the defendant pursuant to subsection (e) of this

13 Section, the defendant shall be brought to trial on the

14 offense for which he is detained within 90 days after the date

15 on which the order for detention was entered. If the defendant

16 is not brought to trial within the 90-day period required by

17 the preceding sentence, he shall not be denied pretrial

18 release. In computing the 90-day period, the court shall omit

19 any period of delay resulting from a continuance granted at

20 the request of the defendant and any period of delay resulting

21 from a continuance granted at the request of the State with

22 good cause shown pursuant to Section 103-5.

23  (i-5) At each subsequent appearance of the defendant

24 before the court, the judge must find that continued detention

25 is necessary to avoid a real and present threat to the safety

26 of any person or persons or the community, based on the
    SB2394 Enrolled    - 2759 - LRB104 09208 AMC 19265 b

1 specific articulable facts of the case, or to prevent the

2 defendant's willful flight from prosecution.

3   (j) Rights of the defendant. The defendant shall be

4 entitled to appeal any order entered under this Section

5 denying his or her pretrial release.

6   (k) Appeal. The State may appeal any order entered under

7 this Section denying any motion for denial of pretrial

8 release.

9   (l) Presumption of innocence. Nothing in this Section

10 shall be construed as modifying or limiting in any way the

11 defendant's presumption of innocence in further criminal

12 proceedings.

13  (m) Interest of victims.

14  (1) Crime victims shall be given notice by the State's

15  Attorney's office of this hearing as required in paragraph

16  (1) of subsection (b) of Section 4.5 of the Rights of Crime

17  Victims and Witnesses Act and shall be informed of their

18  opportunity at this hearing to obtain a protective order.

19  (2) If the defendant is denied pretrial release, the

20  court may impose a no contact provision with the victim or

21  other interested party that shall be enforced while the

22  defendant remains in custody.

23 (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25;

24 revised 10-23-24.)

25  Section 1080. The Pretrial Success Act is amended by
    SB2394 Enrolled             - 2760 - LRB104 09208 AMC 19265 b

1 changing Sections 2-1, 2-20, and 2-45 as follows:

2   (725 ILCS 187/2-1)

3   Sec. 2-1. Short title. This Article Act may be cited as the

4 Pretrial Success Act. References in this Article to "this Act"

5 mean this Article.

6 (Source: P.A. 103-588, eff. 6-5-24; revised 7-19-24.)

7   (725 ILCS 187/2-20)

8   Sec. 2-20. Grant-making Grant making authority.

9   (a) The Department of Human Services shall have

10 grant-making, operational, and procurement authority to

11 distribute funds to local government health and human services

12 agencies, community-based organizations, and other entities

13 necessary to execute the functions established in this Act.

14  (b) Subject to appropriation, the Department shall issue

15 grants to local governmental agencies and community-based

16 organizations to maximize pretrial success each year. Grants

17 shall be awarded no later than January 1, 2025. Grants in

18 subsequent years shall be issued on or before September 1 of

19 the relevant fiscal year and shall allow for pre-award

20 expenditures beginning July 1 of the relevant fiscal year.

21  (c) Beginning in fiscal year 2028 and subject to

22 appropriation, grants shall be awarded for a project period of

23 3 years, contingent on Department requirements for reporting

24 and successful performance.
    SB2394 Enrolled         - 2761 - LRB104 09208 AMC 19265 b

1   (d) The Department shall ensure that grants awarded under

2 this Act do not duplicate or supplant grants awarded under the

3 Reimagine Public Safety Act.

4 (Source: P.A. 103-588, eff. 6-5-24; revised 7-22-24.)

5   (725 ILCS 187/2-45)

6   Sec. 2-45. Evaluation.

7   (a) The Department shall issue a report to the General

8 Assembly no later than January 1 of each year beginning at

9 least 12 months after grants are first issued under this Act.

10 The report shall cover the previous fiscal year and identify

11 gaps in community-based pretrial supports and services in each

12 service area, explain the investments that are being made to

13 maximize pretrial success, and make further recommendations on

14 how to build community-based capacity for community-based

15 pretrial supports and services including mental health and

16 substance use disorder treatment.

17  (b) Beginning with the first report issued at least 24

18 months after grants are first issued under this Act, the

19 annual report shall include an evaluation of the effectiveness

20 of grants under this Act in maximizing pretrial success. The

21 Department shall use community-based participatory research

22 methods and ensure that the evaluation incorporates input from

23 individuals and organizations affected by this the Act,

24 including, but not limited to, individuals with personal

25 experience with being charged with a felony offense in
    SB2394 Enrolled          - 2762 - LRB104 09208 AMC 19265 b

1 Illinois, individuals with personal experience with a family

2 member being charged with a felony offense in Illinois, local

3 government health and human services agencies, community-based

4 organizations, and court stakeholders. The evaluation should

5 be conducted with input from outside expert evaluators when

6 possible.

7   (c) The Department shall consider findings from annual

8 reports and evaluations in developing subsequent years'

9 grant-making grantmaking processes, monitoring progress toward

10 local advisory councils' goals, and ensuring equity in the

11 grant-making grantmaking process.

12 (Source: P.A. 103-588, eff. 6-5-24; revised 7-22-24.)

13  Section 1085. The Unified Code of Corrections is amended

14 by changing Sections 3-7-2, 3-13-4, 5-5-3.2, 5-6-3.6, 5-6-3.8,

15 and 5-8-1 as follows:

16  (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)

17  Sec. 3-7-2. Facilities.

18  (a) All institutions and facilities of the Department

19 shall provide every committed person with access to toilet

20 facilities, barber facilities, bathing facilities at least

21 once each week, a library of legal materials and published

22 materials including newspapers and magazines approved by the

23 Director. A committed person may not receive any materials

24 that the Director deems pornographic.
    SB2394 Enrolled  - 2763 - LRB104 09208 AMC 19265 b

1   (b) (Blank).

2   (c) All institutions and facilities of the Department

3 shall provide facilities for every committed person to leave

4 his cell for at least one hour each day unless the chief

5 administrative officer determines that it would be harmful or

6 dangerous to the security or safety of the institution or

7 facility.

8   (d) All institutions and facilities of the Department

9 shall provide every committed person with a wholesome and

10 nutritional diet at regularly scheduled hours, drinking water,

11 clothing adequate for the season, including underwear,

12 bedding, soap, and towels, and medical and dental care.

13 Underwear provided to each committed person in all

14 institutions and facilities of the Department shall be free of

15 charge and shall be provided at any time upon request,

16 including multiple requests, of the committed person or as

17 needed by the committed person.

18  (e) All institutions and facilities of the Department

19 shall permit every committed person to send and receive an

20 unlimited number of uncensored letters, provided, however,

21 that the Director may order that mail be inspected and read for

22 reasons of the security, safety, or morale of the institution

23 or facility.

24  (f) All of the institutions and facilities of the

25 Department shall permit every committed person to receive

26 in-person visitors and video contact, if available, except in
SB2394 Enrolled  - 2764 - LRB104 09208 AMC 19265 b

 1 case of abuse of the visiting privilege or when the chief
 2 administrative officer determines that such visiting would be
 3 harmful or dangerous to the security, safety or morale of the
 4 institution or facility. Each committed person is entitled to
 5 7 visits per month. Every committed person may submit a list of
 6 at least 30 persons to the Department that are authorized to
 7 visit the committed person. The list shall be kept in an
 8 electronic format by the Department beginning on August 1,
 9 2019, as well as available in paper form for Department
10 employees. The chief administrative officer shall have the
11 right to restrict visitation to non-contact visits, video, or
12 other forms of non-contact visits for reasons of safety,
13 security, and order, including, but not limited to,
14 restricting contact visits for committed persons engaged in
15 gang activity. No committed person in a super maximum security
16 facility or on disciplinary segregation is allowed contact
17 visits. Any committed person found in possession of illegal
18 drugs or who fails a drug test shall not be permitted contact
19 visits for a period of at least 6 months. Any committed person
20 involved in gang activities or found guilty of assault
21 committed against a Department employee shall not be permitted
22 contact visits for a period of at least 6 months. The
23 Department shall offer every visitor appropriate written
24 information concerning HIV and AIDS, including information
25 concerning how to contact the Illinois Department of Public
26 Health for counseling information. The Department shall
    SB2394 Enrolled    - 2765 - LRB104 09208 AMC 19265 b

1 develop the written materials in consultation with the

2 Department of Public Health. The Department shall ensure that

3 all such information and materials are culturally sensitive

4 and reflect cultural diversity as appropriate. Implementation

5 of the changes made to this Section by Public Act 94-629 is

6 subject to appropriation. The Department shall seek the lowest

7 possible cost to provide video calling and shall charge to the

8 extent of recovering any demonstrated costs of providing video

9 calling. The Department shall not make a commission or profit

10 from video calling services. Nothing in this Section shall be

11 construed to permit video calling instead of in-person

12 visitation.

13  (f-5) (Blank).

14  (f-10) The Department may not restrict or limit in-person

15 visits to committed persons due to the availability of

16 interactive video conferences.

17  (f-15)(1) The Department shall issue a standard written

18 policy for each institution and facility of the Department

19 that provides for:

20  (A) the number of in-person visits each committed

21  person is entitled to per week and per month including the

22  requirements of subsection (f) of this Section;

23  (B) the hours of in-person visits;

24  (C) the type of identification required for visitors

25  at least 18 years of age; and

26  (D) the type of identification, if any, required for
    SB2394 Enrolled      - 2766 - LRB104 09208 AMC 19265 b

1   visitors under 18 years of age.

2   (2) This policy shall be posted on the Department website

3 and at each facility.

4   (3) The Department shall post on its website daily any

5 restrictions or denials of visitation for that day and the

6 succeeding 5 calendar days, including those based on a

7 lockdown of the facility, to inform family members and other

8 visitors.

9   (g) All institutions and facilities of the Department

10 shall permit religious ministrations and sacraments to be

11 available to every committed person, but attendance at

12 religious services shall not be required. This subsection (g)

13 is subject to the provisions of the Faith Behind Bars Act.

14  (h) Within 90 days after December 31, 1996, the Department

15 shall prohibit the use of curtains, cell-coverings, or any

16 other matter or object that obstructs or otherwise impairs the

17 line of vision into a committed person's cell.

18  (i) A point of contact person appointed under subsection

19 (u-6) of Section 3-2-2 of this Code shall promptly and

20 efficiently review suggestions, complaints, and other requests

21 made by visitors to institutions and facilities of the

22 Department and by other members of the public. Based on the

23 nature of the submission, the point of contact person shall

24 communicate with the appropriate division of the Department,

25 disseminate the concern or complaint, and act as liaison

26 between the parties to reach a resolution.
    SB2394 Enrolled  - 2767 - LRB104 09208 AMC 19265 b

1   (1) The point of contact person shall maintain

2   information about the subject matter of each

3   correspondence, including, but not limited to, information

4   about the following subjects:

5   (A) the parties making the submission;

6   (B) any commissary-related concerns;

7   (C) any concerns about the institution or

8   facility's COVID-19 COVID protocols and mitigations;

9   (D) any concerns about mail, video, or electronic

10  messages or other communications with incarcerated

11  persons;

12  (E) any concerns about the institution or

13  facility;

14  (F) any discipline-related concerns;

15  (G) any concerns about earned sentencing credits;

16  (H) any concerns about educational opportunities

17  for incarcerated persons;

18  (I) any concerns about health-related matters;

19  (J) any mental health concerns;

20  (K) any concerns about personal property;

21  (L) any concerns about the records of the

22  incarcerated person;

23  (M) any concerns about recreational opportunities

24  for incarcerated persons;

25  (N) any staffing-related concerns;

26  (O) any concerns about the transfer of individuals
    SB2394 Enrolled  - 2768 - LRB104 09208 AMC 19265 b

1   in custody;

2   (P) any concerns about visitation; and

3   (Q) any concerns about work opportunities for

4   incarcerated persons.

5   The information shall be maintained in accordance with

6   standards set by the Department of Corrections, and shall

7   be made available to the Department's Planning and

8   Research Division. The point of contact person shall

9   provide a summary of the results of the review, including

10  any resolution or recommendations made as a result of

11  correspondence with the Planning and Research Division of

12  the Department.

13  (2) The Department shall provide an annual written

14  report to the General Assembly and the Governor, with the

15  first report due no later than January 1, 2023, and

16  publish the report on its website within 48 hours after

17  the report is transmitted to the Governor and the General

18  Assembly. The report shall include a summary of activities

19  undertaken and completed as a result of submissions to the

20  point of contact person. The Department of Corrections

21  shall collect and report the following aggregated and

22  disaggregated data for each institution and facility and

23  describe:

24  (A) the work of the point of contact person;

25  (B) the general nature of suggestions, complaints,

26  and other requests submitted to the point of contact
    SB2394 Enrolled  - 2769 - LRB104 09208 AMC 19265 b

1   person;

2   (C) the volume of emails, calls, letters, and

3   other correspondence received by the point of contact

4   person;

5   (D) the resolutions reached or recommendations

6   made as a result of the point of contact person's

7   review;

8   (E) whether, if an investigation is recommended, a

9   report of the complaint was forwarded to the Chief

10  Inspector of the Department or other Department

11  employee, and the resolution of the complaint, and if

12  the investigation has not concluded, a detailed status

13  report on the complaint; and

14  (F) any recommendations that the point of contact

15  person has relating to systemic issues in the

16  Department of Corrections, and any other matters for

17  consideration by the General Assembly and the

18  Governor.

19  The name, address, or other personally identifiable

20  information of a person who files a complaint, suggestion,

21  or other request with the point of contact person, and

22  confidential records shall be redacted from the annual

23  report and are not subject to disclosure under the Freedom

24  of Information Act. The Department shall disclose the

25  records only if required by a court order on a showing of

26  good cause.
    SB2394 Enrolled  - 2770 - LRB104 09208 AMC 19265 b

1   (3) The Department must post in a conspicuous place in

2   the waiting area of every facility or institution a sign

3   that contains in bold, black type the following:

4        (A) a short statement notifying visitors of the

5   point of contact person and that person's duty to

6   receive suggestions, complaints, or other requests;

7   and

8        (B) information on how to submit suggestions,

9   complaints, or other requests to the point of contact

10  person.

11  (j) Menstrual hygiene products shall be available, as

12 needed, free of charge, at all institutions and facilities of

13 the Department for all committed persons who menstruate. In

14 this subsection (j), "menstrual hygiene products" means

15 tampons and sanitary napkins for use in connection with the

16 menstrual cycle.

17 (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;

18 103-154, eff. 6-30-23; 103-331, eff. 1-1-24; revised 7-22-24.)

19  (730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)

20  Sec. 3-13-4. Rules and sanctions.)

21  (a) The Department shall establish rules governing release

22 status and shall provide written copies of such rules to both

23 the committed person on work or day release and to the employer

24 or other person responsible for the individual. Such employer

25 or other responsible person shall agree to abide by such
    SB2394 Enrolled  - 2771 - LRB104 09208 AMC 19265 b

1 rules, notify the Department of any violation thereof by the

2 individual on release status, and notify the Department of the

3 discharge of the person from work or other programs.

4   (b) If a committed person violates any rule, the

5 Department may impose sanctions appropriate to the violation.

6 The Department shall provide sanctions for unauthorized

7 absences which shall include prosecution for escape under

8 Section 3-6-4.

9   (c) An order certified by the Director, Assistant

10 Director, or the Supervisor of the Apprehension Unit, or a

11 person duly designated by him or her, with the seal of the

12 Department of Corrections attached and directed to all

13 sheriffs, coroners, police officers, or to any particular

14 persons named in the order shall be sufficient warrant for the

15 officer or person named therein to arrest and deliver the

16 violator to the proper correctional official. Such order shall

17 be executed the same as criminal processes.

18  In the event that a work-releasee is arrested for another

19 crime, the sheriff or police officer shall hold the releasee

20 in custody until he notifies the nearest Office of Field

21 Services or any of the above-named persons designated in this

22 Section to certify the particular process or warrant.

23  (d) Not less than 3 days prior to any person being placed

24 in a work release facility, the Department of Corrections

25 shall provide to the State's Attorney and Sheriff of the

26 county in which the work release center is located, relevant
    SB2394 Enrolled  - 2772 - LRB104 09208 AMC 19265 b

1 identifying information concerning the person to be placed in

2 the work release facility. Such information shall include, but

3 not be limited to, such identifying information as name, age,

4 physical description, photograph, the offense, and the

5 sentence for which the person is serving time in the

6 Department of Corrections, and like information. The

7 Department of Corrections shall, in addition, give written

8 notice not less than 3 days prior to the placement to the

9 State's Attorney of the county from which the offender was

10 originally sentenced. The notification requirements of this

11 subsection (d) may be electronic notification for individuals

12 required to be housed outside the penitentiary system pursuant

13 to subsection (a) of Section 5-8-6.

14  (e) For those individuals required to be housed outside

15 the penitentiary system as outlined in subsection (a) of

16 Section 5-8-6, the Department as soon as reasonably

17 practicable shall provide the State's Attorney and Sheriff of

18 the county in which the work release center is located,

19 relevant identifying information concerning the person to be

20 placed in the work release facility. Such information shall

21 include, but is not limited to, such identifying information

22 as name, age, physical description, photograph, the offense,

23 and the sentence for which the person is serving time in the

24 custody of the Department of Corrections, and similar

25 information. The Department of Corrections shall, in addition,

26 give electronic notice as soon as reasonably practicable to
    SB2394 Enrolled        - 2773 - LRB104 09208 AMC 19265 b

1 the State's Attorney of the county from which the individual
2 was originally sentenced.
3 (Source: P.A. 103-358, eff. 1-1-24; revised 7-22-24.)

4   (730 ILCS 5/5-5-3.2)

5   Sec. 5-5-3.2. Factors in aggravation and extended-term

6 sentencing.

7   (a) The following factors shall be accorded weight in

8 favor of imposing a term of imprisonment or may be considered

9 by the court as reasons to impose a more severe sentence under

10 Section 5-8-1 or Article 4.5 of Chapter V:

11  (1) the defendant's conduct caused or threatened

12  serious harm;

13  (2) the defendant received compensation for committing

14  the offense;

15  (3) the defendant has a history of prior delinquency

16  or criminal activity;

17  (4) the defendant, by the duties of his office or by

18  his position, was obliged to prevent the particular

19  offense committed or to bring the offenders committing it

20  to justice;

21  (5) the defendant held public office at the time of

22  the offense, and the offense related to the conduct of

23  that office;

24  (6) the defendant utilized his professional reputation

25  or position in the community to commit the offense, or to
    SB2394 Enrolled  - 2774 - LRB104 09208 AMC 19265 b

1   afford him an easier means of committing it;

2   (7) the sentence is necessary to deter others from

3   committing the same crime;

4   (8) the defendant committed the offense against a

5   person 60 years of age or older or such person's property;

6   (9) the defendant committed the offense against a

7   person who has a physical disability or such person's

8   property;

9   (10) by reason of another individual's actual or

10  perceived race, color, creed, religion, ancestry, gender,

11  sexual orientation, physical or mental disability, or

12  national origin, the defendant committed the offense

13  against (i) the person or property of that individual;

14  (ii) the person or property of a person who has an

15  association with, is married to, or has a friendship with

16  the other individual; or (iii) the person or property of a

17  relative (by blood or marriage) of a person described in

18  clause (i) or (ii). For the purposes of this Section,

19  "sexual orientation" has the meaning ascribed to it in

20  paragraph (O-1) of Section 1-103 of the Illinois Human

21  Rights Act;

22  (11) the offense took place in a place of worship or on

23  the grounds of a place of worship, immediately prior to,

24  during or immediately following worship services. For

25  purposes of this subparagraph, "place of worship" shall

26  mean any church, synagogue or other building, structure or
    SB2394 Enrolled  - 2775 - LRB104 09208 AMC 19265 b

1   place used primarily for religious worship;

2   (12) the defendant was convicted of a felony committed

3   while he was on pretrial release or his own recognizance

4   pending trial for a prior felony and was convicted of such

5   prior felony, or the defendant was convicted of a felony

6   committed while he was serving a period of probation,

7   conditional discharge, or mandatory supervised release

8   under subsection (d) of Section 5-8-1 for a prior felony;

9   (13) the defendant committed or attempted to commit a

10  felony while he was wearing a bulletproof vest. For the

11  purposes of this paragraph (13), a bulletproof vest is any

12  device which is designed for the purpose of protecting the

13  wearer from bullets, shot or other lethal projectiles;

14  (14) the defendant held a position of trust or

15  supervision such as, but not limited to, family member as

16  defined in Section 11-0.1 of the Criminal Code of 2012,

17  teacher, scout leader, baby sitter, or day care worker, in

18  relation to a victim under 18 years of age, and the

19  defendant committed an offense in violation of Section

20  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

21  11-14.4 except for an offense that involves keeping a

22  place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

23  11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

24  or 12-16 of the Criminal Code of 1961 or the Criminal Code

25  of 2012 against that victim;

26  (15) the defendant committed an offense related to the
    SB2394 Enrolled  - 2776 - LRB104 09208 AMC 19265 b

1   activities of an organized gang. For the purposes of this

2   factor, "organized gang" has the meaning ascribed to it in

3   Section 10 of the Streetgang Terrorism Omnibus Prevention

4   Act;

5   (16) the defendant committed an offense in violation

6   of one of the following Sections while in a school,

7   regardless of the time of day or time of year; on any

8   conveyance owned, leased, or contracted by a school to

9   transport students to or from school or a school related

10  activity; on the real property of a school; or on a public

11  way within 1,000 feet of the real property comprising any

12  school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

13  11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

14  11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

15  12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

16  12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

17  for subdivision (a)(4) or (g)(1), of the Criminal Code of

18  1961 or the Criminal Code of 2012;

19  (16.5) the defendant committed an offense in violation

20  of one of the following Sections while in a day care

21  center, regardless of the time of day or time of year; on

22  the real property of a day care center, regardless of the

23  time of day or time of year; or on a public way within

24  1,000 feet of the real property comprising any day care

25  center, regardless of the time of day or time of year:

26  Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
    SB2394 Enrolled         - 2777 - LRB104 09208 AMC 19265 b

1   11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

2   11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

3   12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

4   18-2, or 33A-2, or Section 12-3.05 except for subdivision

5   (a)(4) or (g)(1), of the Criminal Code of 1961 or the

6   Criminal Code of 2012;

7   (17) the defendant committed the offense by reason of

8   any person's activity as a community policing volunteer or

9   to prevent any person from engaging in activity as a

10  community policing volunteer. For the purpose of this

11  Section, "community policing volunteer" has the meaning

12  ascribed to it in Section 2-3.5 of the Criminal Code of

13  2012;

14  (18) the defendant committed the offense in a nursing

15  home or on the real property comprising a nursing home.

16  For the purposes of this paragraph (18), "nursing home"

17  means a skilled nursing or intermediate long term care

18  facility that is subject to license by the Illinois

19  Department of Public Health under the Nursing Home Care

20  Act, the Specialized Mental Health Rehabilitation Act of

21  2013, the ID/DD Community Care Act, or the MC/DD Act;

22  (19) the defendant was a federally licensed firearm

23  dealer and was previously convicted of a violation of

24  subsection (a) of Section 3 of the Firearm Owners

25  Identification Card Act and has now committed either a

26  felony violation of the Firearm Owners Identification Card
    SB2394 Enrolled  - 2778 - LRB104 09208 AMC 19265 b

1   Act or an act of armed violence while armed with a firearm;

2   (20) the defendant (i) committed the offense of

3   reckless homicide under Section 9-3 of the Criminal Code

4   of 1961 or the Criminal Code of 2012 or the offense of

5   driving under the influence of alcohol, other drug or

6   drugs, intoxicating compound or compounds or any

7   combination thereof under Section 11-501 of the Illinois

8   Vehicle Code or a similar provision of a local ordinance

9   and (ii) was operating a motor vehicle in excess of 20

10  miles per hour over the posted speed limit as provided in

11  Article VI of Chapter 11 of the Illinois Vehicle Code;

12  (21) the defendant (i) committed the offense of

13  reckless driving or aggravated reckless driving under

14  Section 11-503 of the Illinois Vehicle Code and (ii) was

15  operating a motor vehicle in excess of 20 miles per hour

16  over the posted speed limit as provided in Article VI of

17  Chapter 11 of the Illinois Vehicle Code;

18  (22) the defendant committed the offense against a

19  person that the defendant knew, or reasonably should have

20  known, was a member of the Armed Forces of the United

21  States serving on active duty. For purposes of this clause

22  (22), the term "Armed Forces" means any of the Armed

23  Forces of the United States, including a member of any

24  reserve component thereof or National Guard unit called to

25  active duty;

26  (23) the defendant committed the offense against a
    SB2394 Enrolled     - 2779 - LRB104 09208 AMC 19265 b

1   person who was elderly or infirm or who was a person with a

2   disability by taking advantage of a family or fiduciary

3   relationship with the elderly or infirm person or person

4   with a disability;

5   (24) the defendant committed any offense under Section

6   11-20.1 of the Criminal Code of 1961 or the Criminal Code

7   of 2012 and possessed 100 or more images;

8   (25) the defendant committed the offense while the

9   defendant or the victim was in a train, bus, or other

10  vehicle used for public transportation;

11  (26) the defendant committed the offense of child

12  pornography or aggravated child pornography, specifically

13  including paragraph (1), (2), (3), (4), (5), or (7) of

14  subsection (a) of Section 11-20.1 of the Criminal Code of

15  1961 or the Criminal Code of 2012 where a child engaged in,

16  solicited for, depicted in, or posed in any act of sexual

17  penetration or bound, fettered, or subject to sadistic,

18  masochistic, or sadomasochistic abuse in a sexual context

19  and specifically including paragraph (1), (2), (3), (4),

20  (5), or (7) of subsection (a) of Section 11-20.1B or

21  Section 11-20.3 of the Criminal Code of 1961 where a child

22  engaged in, solicited for, depicted in, or posed in any

23  act of sexual penetration or bound, fettered, or subject

24  to sadistic, masochistic, or sadomasochistic abuse in a

25  sexual context;

26  (26.5) the defendant committed the offense of obscene
    SB2394 Enrolled  - 2780 - LRB104 09208 AMC 19265 b

1   depiction of a purported child, specifically including

2   paragraph (2) of subsection (b) of Section 11-20.4 of the

3   Criminal Code of 2012 if a child engaged in, solicited

4   for, depicted in, or posed in any act of sexual

5   penetration or bound, fettered, or subject to sadistic,

6   masochistic, or sadomasochistic abuse in a sexual context;

7   (27) the defendant committed the offense of first

8   degree murder, assault, aggravated assault, battery,

9   aggravated battery, robbery, armed robbery, or aggravated

10  robbery against a person who was a veteran and the

11  defendant knew, or reasonably should have known, that the

12  person was a veteran performing duties as a representative

13  of a veterans' organization. For the purposes of this

14  paragraph (27), "veteran" means an Illinois resident who

15  has served as a member of the United States Armed Forces, a

16  member of the Illinois National Guard, or a member of the

17  United States Reserve Forces; and "veterans' organization"

18  means an organization comprised of members of which

19  substantially all are individuals who are veterans or

20  spouses, widows, or widowers of veterans, the primary

21  purpose of which is to promote the welfare of its members

22  and to provide assistance to the general public in such a

23  way as to confer a public benefit;

24  (28) the defendant committed the offense of assault,

25  aggravated assault, battery, aggravated battery, robbery,

26  armed robbery, or aggravated robbery against a person that
    SB2394 Enrolled   - 2781 - LRB104 09208 AMC 19265 b

1   the defendant knew or reasonably should have known was a

2   letter carrier or postal worker while that person was

3   performing his or her duties delivering mail for the

4   United States Postal Service;

5   (29) the defendant committed the offense of criminal

6   sexual assault, aggravated criminal sexual assault,

7   criminal sexual abuse, or aggravated criminal sexual abuse

8   against a victim with an intellectual disability, and the

9   defendant holds a position of trust, authority, or

10  supervision in relation to the victim;

11  (30) the defendant committed the offense of promoting

12  juvenile prostitution, patronizing a prostitute, or

13  patronizing a minor engaged in prostitution and at the

14  time of the commission of the offense knew that the

15  prostitute or minor engaged in prostitution was in the

16  custody or guardianship of the Department of Children and

17  Family Services;

18  (31) the defendant (i) committed the offense of

19  driving while under the influence of alcohol, other drug

20  or drugs, intoxicating compound or compounds or any

21  combination thereof in violation of Section 11-501 of the

22  Illinois Vehicle Code or a similar provision of a local

23  ordinance and (ii) the defendant during the commission of

24  the offense was driving his or her vehicle upon a roadway

25  designated for one-way traffic in the opposite direction

26  of the direction indicated by official traffic control
    SB2394 Enrolled         - 2782 - LRB104 09208 AMC 19265 b

1   devices;

2   (32) the defendant committed the offense of reckless

3   homicide while committing a violation of Section 11-907 of

4   the Illinois Vehicle Code;

5   (33) the defendant was found guilty of an

6   administrative infraction related to an act or acts of

7   public indecency or sexual misconduct in the penal

8   institution. In this paragraph (33), "penal institution"

9   has the same meaning as in Section 2-14 of the Criminal

10  Code of 2012; or

11  (34) the defendant committed the offense of leaving

12  the scene of a crash in violation of subsection (b) of

13  Section 11-401 of the Illinois Vehicle Code and the crash

14  resulted in the death of a person and at the time of the

15  offense, the defendant was: (i) driving under the

16  influence of alcohol, other drug or drugs, intoxicating

17  compound or compounds or any combination thereof as

18  defined by Section 11-501 of the Illinois Vehicle Code; or

19  (ii) operating the motor vehicle while using an electronic

20  communication device as defined in Section 12-610.2 of the

21  Illinois Vehicle Code.

22  For the purposes of this Section:

23  "School" is defined as a public or private elementary or

24 secondary school, community college, college, or university.

25  "Day care center" means a public or private State

26 certified and licensed day care center as defined in Section
    SB2394 Enrolled  - 2783 - LRB104 09208 AMC 19265 b

1 2.09 of the Child Care Act of 1969 that displays a sign in

2 plain view stating that the property is a day care center.

3   "Intellectual disability" means significantly subaverage

4 intellectual functioning which exists concurrently with

5 impairment in adaptive behavior.

6   "Public transportation" means the transportation or

7 conveyance of persons by means available to the general

8 public, and includes paratransit services.

9   "Traffic control devices" means all signs, signals,

10 markings, and devices that conform to the Illinois Manual on

11 Uniform Traffic Control Devices, placed or erected by

12 authority of a public body or official having jurisdiction,

13 for the purpose of regulating, warning, or guiding traffic.

14  (b) The following factors, related to all felonies, may be

15 considered by the court as reasons to impose an extended term

16 sentence under Section 5-8-2 upon any offender:

17  (1) When a defendant is convicted of any felony, after

18  having been previously convicted in Illinois or any other

19  jurisdiction of the same or similar class felony or

20  greater class felony, when such conviction has occurred

21  within 10 years after the previous conviction, excluding

22  time spent in custody, and such charges are separately

23  brought and tried and arise out of different series of

24  acts; or

25  (2) When a defendant is convicted of any felony and

26  the court finds that the offense was accompanied by
    SB2394 Enrolled     - 2784 - LRB104 09208 AMC 19265 b

1   exceptionally brutal or heinous behavior indicative of

2   wanton cruelty; or

3   (3) When a defendant is convicted of any felony

4   committed against:

5   (i) a person under 12 years of age at the time of

6   the offense or such person's property;

7   (ii) a person 60 years of age or older at the time

8   of the offense or such person's property; or

9   (iii) a person who had a physical disability at

10  the time of the offense or such person's property; or

11  (4) When a defendant is convicted of any felony and

12  the offense involved any of the following types of

13  specific misconduct committed as part of a ceremony, rite,

14  initiation, observance, performance, practice or activity

15  of any actual or ostensible religious, fraternal, or

16  social group:

17  (i) the brutalizing or torturing of humans or

18  animals;

19  (ii) the theft of human corpses;

20  (iii) the kidnapping of humans;

21  (iv) the desecration of any cemetery, religious,

22  fraternal, business, governmental, educational, or

23  other building or property; or

24  (v) ritualized abuse of a child; or

25  (5) When a defendant is convicted of a felony other

26  than conspiracy and the court finds that the felony was
    SB2394 Enrolled       - 2785 - LRB104 09208 AMC 19265 b

1   committed under an agreement with 2 or more other persons

2   to commit that offense and the defendant, with respect to

3   the other individuals, occupied a position of organizer,

4   supervisor, financier, or any other position of management

5   or leadership, and the court further finds that the felony

6   committed was related to or in furtherance of the criminal

7   activities of an organized gang or was motivated by the

8   defendant's leadership in an organized gang; or

9   (6) When a defendant is convicted of an offense

10  committed while using a firearm with a laser sight

11  attached to it. For purposes of this paragraph, "laser

12  sight" has the meaning ascribed to it in Section 26-7 of

13  the Criminal Code of 2012; or

14  (7) When a defendant who was at least 17 years of age

15  at the time of the commission of the offense is convicted

16  of a felony and has been previously adjudicated a

17  delinquent minor under the Juvenile Court Act of 1987 for

18  an act that if committed by an adult would be a Class X or

19  Class 1 felony when the conviction has occurred within 10

20  years after the previous adjudication, excluding time

21  spent in custody; or

22  (8) When a defendant commits any felony and the

23  defendant used, possessed, exercised control over, or

24  otherwise directed an animal to assault a law enforcement

25  officer engaged in the execution of his or her official

26  duties or in furtherance of the criminal activities of an
    SB2394 Enrolled  - 2786 - LRB104 09208 AMC 19265 b

1   organized gang in which the defendant is engaged; or

2   (9) When a defendant commits any felony and the

3   defendant knowingly video or audio records the offense

4   with the intent to disseminate the recording.

5   (c) The following factors may be considered by the court

6 as reasons to impose an extended term sentence under Section

7 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

8 offenses:

9   (1) When a defendant is convicted of first degree

10  murder, after having been previously convicted in Illinois

11  of any offense listed under paragraph (c)(2) of Section

12  5-5-3 (730 ILCS 5/5-5-3), when that conviction has

13  occurred within 10 years after the previous conviction,

14  excluding time spent in custody, and the charges are

15  separately brought and tried and arise out of different

16  series of acts.

17  (1.5) When a defendant is convicted of first degree

18  murder, after having been previously convicted of domestic

19  battery (720 ILCS 5/12-3.2) or aggravated domestic battery

20  (720 ILCS 5/12-3.3) committed on the same victim or after

21  having been previously convicted of violation of an order

22  of protection (720 ILCS 5/12-30) in which the same victim

23  was the protected person.

24  (2) When a defendant is convicted of voluntary

25  manslaughter, second degree murder, involuntary

26  manslaughter, or reckless homicide in which the defendant
    SB2394 Enrolled  - 2787 - LRB104 09208 AMC 19265 b

1   has been convicted of causing the death of more than one

2   individual.

3   (3) When a defendant is convicted of aggravated

4   criminal sexual assault or criminal sexual assault, when

5   there is a finding that aggravated criminal sexual assault

6   or criminal sexual assault was also committed on the same

7   victim by one or more other individuals, and the defendant

8   voluntarily participated in the crime with the knowledge

9   of the participation of the others in the crime, and the

10  commission of the crime was part of a single course of

11  conduct during which there was no substantial change in

12  the nature of the criminal objective.

13  (4) If the victim was under 18 years of age at the time

14  of the commission of the offense, when a defendant is

15  convicted of aggravated criminal sexual assault or

16  predatory criminal sexual assault of a child under

17  subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

18  of Section 12-14.1 of the Criminal Code of 1961 or the

19  Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

20  (5) When a defendant is convicted of a felony

21  violation of Section 24-1 of the Criminal Code of 1961 or

22  the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

23  finding that the defendant is a member of an organized

24  gang.

25  (6) When a defendant was convicted of unlawful

26  possession of weapons under Section 24-1 of the Criminal
    SB2394 Enrolled  - 2788 - LRB104 09208 AMC 19265 b

1   Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1)

2   for possessing a weapon that is not readily

3   distinguishable as one of the weapons enumerated in

4   Section 24-1 of the Criminal Code of 1961 or the Criminal

5   Code of 2012 (720 ILCS 5/24-1).

6   (7) When a defendant is convicted of an offense

7   involving the illegal manufacture of a controlled

8   substance under Section 401 of the Illinois Controlled

9   Substances Act (720 ILCS 570/401), the illegal manufacture

10  of methamphetamine under Section 25 of the Methamphetamine

11  Control and Community Protection Act (720 ILCS 646/25), or

12  the illegal possession of explosives and an emergency

13  response officer in the performance of his or her duties

14  is killed or injured at the scene of the offense while

15  responding to the emergency caused by the commission of

16  the offense. In this paragraph, "emergency" means a

17  situation in which a person's life, health, or safety is

18  in jeopardy; and "emergency response officer" means a

19  peace officer, community policing volunteer, fireman,

20  emergency medical technician-ambulance, emergency medical

21  technician-intermediate,         emergency  medical

22  technician-paramedic, ambulance driver, other medical

23  assistance or first aid personnel, or hospital emergency

24  room personnel.

25  (8) When the defendant is convicted of attempted mob

26  action, solicitation to commit mob action, or conspiracy
    SB2394 Enrolled       - 2789 - LRB104 09208 AMC 19265 b

1   to commit mob action under Section 8-1, 8-2, or 8-4 of the

2   Criminal Code of 2012, where the criminal object is a

3   violation of Section 25-1 of the Criminal Code of 2012,

4   and an electronic communication is used in the commission

5   of the offense. For the purposes of this paragraph (8),

6   "electronic communication" shall have the meaning provided

7   in Section 26.5-0.1 of the Criminal Code of 2012.

8   (d) For the purposes of this Section, "organized gang" has

9 the meaning ascribed to it in Section 10 of the Illinois

10 Streetgang Terrorism Omnibus Prevention Act.

11  (e) The court may impose an extended term sentence under

12 Article 4.5 of Chapter V upon an offender who has been

13 convicted of a felony violation of Section 11-1.20, 11-1.30,

14 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

15 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

16 when the victim of the offense is under 18 years of age at the

17 time of the commission of the offense and, during the

18 commission of the offense, the victim was under the influence

19 of alcohol, regardless of whether or not the alcohol was

20 supplied by the offender; and the offender, at the time of the

21 commission of the offense, knew or should have known that the

22 victim had consumed alcohol.

23 (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;

24 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)

25  (730 ILCS 5/5-6-3.6)
    SB2394 Enrolled  - 2790 - LRB104 09208 AMC 19265 b

1   Sec. 5-6-3.6. First Time Weapon Offense Program.

2   (a) The General Assembly has sought to promote public

3 safety, reduce recidivism, and conserve valuable resources of

4 the criminal justice system through the creation of diversion

5 programs for non-violent offenders. Public Act 103-370 This

6 amendatory Act of the 103rd General Assembly establishes a

7 program for first-time, non-violent offenders charged with

8 certain weapons possession offenses. The General Assembly

9 recognizes some persons, particularly in areas of high crime

10 or poverty, may have experienced trauma that contributes to

11 poor decision making skills, and the creation of a

12 diversionary program poses a greater benefit to the community

13 and the person than incarceration. Under this program, a

14 court, with the consent of the defendant and the State's

15 Attorney, may sentence a defendant charged with an unlawful

16 possession of weapons offense under Section 24-1 of the

17 Criminal Code of 2012 or aggravated unlawful possession of a

18 weapon offense under Section 24-1.6 of the Criminal Code of

19 2012, if punishable as a Class 4 felony or lower, to a First

20 Time Weapon Offense Program.

21  (b) A defendant is not eligible for this Program if:

22  (1) the offense was committed during the commission of

23  a violent offense as defined in subsection (h) of this

24  Section;

25  (2) he or she has previously been convicted or placed

26  on probation or conditional discharge for any violent
    SB2394 Enrolled    - 2791 - LRB104 09208 AMC 19265 b

1   offense under the laws of this State, the laws of any other

2   state, or the laws of the United States;

3   (3) he or she had a prior successful completion of the

4   First Time Weapon Offense Program under this Section;

5   (4) he or she has previously been adjudicated a

6   delinquent minor for the commission of a violent offense;

7   (5) (blank); or

8   (6) he or she has an existing order of protection

9   issued against him or her.

10  (b-5) In considering whether a defendant shall be

11 sentenced to the First Time Weapon Offense Program, the court

12 shall consider the following:

13  (1) the age, immaturity, or limited mental capacity of

14  the defendant;

15  (2) the nature and circumstances of the offense;

16  (3) whether participation in the Program is in the

17  interest of the defendant's rehabilitation, including any

18  employment or involvement in community, educational,

19  training, or vocational programs;

20  (4) whether the defendant suffers from trauma, as

21  supported by documentation or evaluation by a licensed

22  professional; and

23  (5) the potential risk to public safety.

24  (c) For an offense committed on or after January 1, 2018

25 (the effective date of Public Act 100-3) whenever an eligible

26 person pleads guilty to an unlawful possession of weapons
    SB2394 Enrolled  - 2792 - LRB104 09208 AMC 19265 b

1 offense under Section 24-1 of the Criminal Code of 2012 or

2 aggravated unlawful possession of a weapon offense under

3 Section 24-1.6 of the Criminal Code of 2012, which is

4 punishable as a Class 4 felony or lower, the court, with the

5 consent of the defendant and the State's Attorney, may,

6 without entering a judgment, sentence the defendant to

7 complete the First Time Weapon Offense Program. When a

8 defendant is placed in the Program, the court shall defer

9 further proceedings in the case until the conclusion of the

10 period or until the filing of a petition alleging violation of

11 a term or condition of the Program. A disposition of probation

12 is considered to be a conviction for the purposes of imposing

13 the conditions of probation and for appeal;, however, a

14 sentence under this Section is not a conviction for purposes

15 of this Act or for purposes of disqualifications or

16 disabilities imposed by law upon conviction of a crime unless

17 and until judgment is entered. Upon violation of a term or

18 condition of the Program, the court may enter a judgment on its

19 original finding of guilt and proceed as otherwise provided by

20 law. Upon fulfillment of the terms and conditions of the

21 Program, the court shall discharge the person and dismiss the

22 proceedings against the person.

23  (d) The Program shall be at least 6 months and not to

24 exceed 24 months, as determined by the court at the

25 recommendation of the Program administrator and the State's

26 Attorney. The Program administrator may be appointed by the
    SB2394 Enrolled             - 2793 - LRB104 09208 AMC 19265 b

1 Chief Judge of each Judicial Circuit.

2   (e) The conditions of the Program shall be that the

3 defendant:

4   (1) not violate any criminal statute of this State or

5   any other jurisdiction;

6   (2) refrain from possessing a firearm or other

7   dangerous weapon;

8   (3) (blank);

9   (4) (blank);

10  (5) (blank);

11  (6) (blank);

12  (7) attend and participate in any Program activities

13  deemed required by the Program administrator, such as:

14  counseling sessions, in-person and over the phone

15  check-ins, and educational classes; and

16  (8) (blank).

17  (f) The Program may, in addition to other conditions,

18 require that the defendant:

19  (1) obtain or attempt to obtain employment;

20  (2) attend educational courses designed to prepare the

21  defendant for obtaining a high school diploma or to work

22  toward passing high school equivalency testing or to work

23  toward completing a vocational training program;

24  (3) refrain from having in his or her body the

25  presence of any illicit drug prohibited by the

26  Methamphetamine Control and Community Protection Act or
    SB2394 Enrolled            - 2794 - LRB104 09208 AMC 19265 b

1   the Illinois Controlled Substances Act, unless prescribed

2   by a physician, and submit samples of his or her blood or

3   urine or both for tests to determine the presence of any

4   illicit drug;

5   (4) perform community service;

6   (5) pay all fines, assessments, fees, and costs; and

7   (6) comply with such other reasonable conditions as

8   the court may impose.

9   (g) There may be only one discharge and dismissal under

10 this Section. If a person is convicted of any offense which

11 occurred within 5 years subsequent to a discharge and

12 dismissal under this Section, the discharge and dismissal

13 under this Section shall be admissible in the sentencing

14 proceeding for that conviction as evidence in aggravation.

15  (h) For purposes of this Section, "violent offense" means

16 any offense in which bodily harm was inflicted or force was

17 used against any person or threatened against any person; any

18 offense involving the possession of a firearm or dangerous

19 weapon; any offense involving sexual conduct, sexual

20 penetration, or sexual exploitation; violation of an order of

21 protection, stalking, hate crime, domestic battery, or any

22 offense of domestic violence.

23  (i) (Blank).

24 (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;

25 103-370, eff. 7-28-23; 103-702, eff. 1-1-25; 103-822, eff.

26 1-1-25; revised 11-26-24.)
    SB2394 Enrolled            - 2795 - LRB104 09208 AMC 19265 b

1   (730 ILCS 5/5-6-3.8)

2   Sec. 5-6-3.8. Eligibility for programs restricted by

3 felony background. Any conviction entered prior to July 1,

4 2021 (the effective date of Public Act 101-652) this

5 amendatory Act of the 101st General Assembly for:

6   (1) felony possession of a controlled substance, or

7   possession with intent to manufacture or deliver a

8   controlled substance, in a total amount equal to or less

9   than the amounts listed in subsection (a-5) of Section 402

10  of the Illinois Controlled Substances Act; or

11  (2) felony possession of methamphetamine, or

12  possession with intent to deliver methamphetamine, in an

13  amount less than 3 grams; or any adjudication of

14  delinquency under the Juvenile Court Act of 1987 for acts

15  that would have constituted those felonies if committed by

16  an adult;,

17 shall be treated as a Class A misdemeanor for the purposes of

18 evaluating a defendant's eligibility for programs of qualified

19 probation, impact incarceration, or any other diversion,

20 deflection, probation, or other program for which felony

21 background or delinquency background is a factor in

22 determining eligibility.".

23 (Source: P.A. 101-652, eff. 7-1-21; revised 1-15-25.)

24  (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
    SB2394 Enrolled   - 2796 - LRB104 09208 AMC 19265 b

1   Sec. 5-8-1. Natural life imprisonment; enhancements for

2 use of a firearm; mandatory supervised release terms.

3   (a) Except as otherwise provided in the statute defining

4 the offense or in Article 4.5 of Chapter V, a sentence of

5 imprisonment for a felony shall be a determinate sentence set

6 by the court under this Section, subject to Section 5-4.5-115

7 of this Code, according to the following limitations:

8   (1) for first degree murder,

9   (a) (blank),

10  (b) if a trier of fact finds beyond a reasonable

11  doubt that the murder was accompanied by exceptionally

12  brutal or heinous behavior indicative of wanton

13  cruelty or, except as set forth in subsection

14  (a)(1)(c) of this Section, that any of the aggravating

15  factors listed in subparagraph (b-5) are present, the

16  court may sentence the defendant, subject to Section

17  5-4.5-105, to a term of natural life imprisonment, or

18  (b-5) a A defendant who at the time of the

19  commission of the offense has attained the age of 18 or

20  more and who has been found guilty of first degree

21  murder may be sentenced to a term of natural life

22  imprisonment if:

23                   (1) the murdered individual was an inmate at

24  an institution or facility of the Department of

25  Corrections, or any similar local correctional

26  agency and was killed on the grounds thereof, or
    SB2394 Enrolled  - 2797 - LRB104 09208 AMC 19265 b

1   the murdered individual was otherwise present in

2   such institution or facility with the knowledge

3   and approval of the chief administrative officer

4   thereof;

5                    (2) the murdered individual was killed as a

6   result of the hijacking of an airplane, train,

7   ship, bus, or other public conveyance;

8                    (3) the defendant committed the murder

9   pursuant to a contract, agreement, or

10  understanding by which he or she was to receive

11  money or anything of value in return for

12  committing the murder or procured another to

13  commit the murder for money or anything of value;

14                   (4) the murdered individual was killed in the

15  course of another felony if:

16                   (A) the murdered individual:

17                   (i) was actually killed by the

18                   defendant, or

19                   (ii) received physical injuries

20                   personally inflicted by the defendant

21                   substantially contemporaneously with

22                   physical injuries caused by one or more

23                   persons for whose conduct the defendant is

24                   legally accountable under Section 5-2 of

25                   this Code, and the physical injuries

26                   inflicted by either the defendant or the
    SB2394 Enrolled  - 2798 - LRB104 09208 AMC 19265 b

1                    other person or persons for whose conduct

2                    he is legally accountable caused the death

3                    of the murdered individual; and (B) in

4                    performing the acts which caused the death

5                    of the murdered individual or which

6                    resulted in physical injuries personally

7                    inflicted by the defendant on the murdered

8                    individual under the circumstances of

9                    subdivision (ii) of clause (A) of this

10                   clause (4), the defendant acted with the

11                   intent to kill the murdered individual or

12                   with the knowledge that his or her acts

13                   created a strong probability of death or

14                   great bodily harm to the murdered

15                   individual or another; and

16                   (B) in performing the acts which caused

17                   the death of the murdered individual or which

18                   resulted in physical injuries personally

19                   inflicted by the defendant on the murdered

20                   individual under the circumstances of

21                   subdivision (ii) of clause (A) of this clause

22                   (4), the defendant acted with the intent to

23                   kill the murdered individual or with the

24                   knowledge that his or her acts created a

25                   strong probability of death or great bodily

26                   harm to the murdered individual or another;
    SB2394 Enrolled       - 2799 - LRB104 09208 AMC 19265 b

1                    and

2                         (C) the other felony was an inherently

3                    violent crime or the attempt to commit an

4                    inherently violent crime. In this clause (C),

5                    "inherently violent crime" includes, but is

6                    not limited to, armed robbery, robbery,

7                    predatory criminal sexual assault of a child,

8                    aggravated criminal sexual assault, aggravated

9                    kidnapping, aggravated vehicular hijacking,

10                   aggravated arson, aggravated stalking,

11                   residential burglary, and home invasion;

12                   (5) the defendant committed the murder with

13  intent to prevent the murdered individual from

14  testifying or participating in any criminal

15  investigation or prosecution or giving material

16  assistance to the State in any investigation or

17  prosecution, either against the defendant or

18  another; or the defendant committed the murder

19  because the murdered individual was a witness in

20  any prosecution or gave material assistance to the

21  State in any investigation or prosecution, either

22  against the defendant or another; for purposes of

23  this clause (5), "participating in any criminal

24  investigation or prosecution" is intended to

25  include those appearing in the proceedings in any

26  capacity such as trial judges, prosecutors,
    SB2394 Enrolled  - 2800 - LRB104 09208 AMC 19265 b

1   defense attorneys, investigators, witnesses, or

2   jurors;

3                    (6) the defendant, while committing an offense

4   punishable under Section 401, 401.1, 401.2, 405,

5   405.2, 407, or 407.1 or subsection (b) of Section

6   404 of the Illinois Controlled Substances Act, or

7   while engaged in a conspiracy or solicitation to

8   commit such offense, intentionally killed an

9   individual or counseled, commanded, induced,

10  procured, or caused the intentional killing of the

11  murdered individual;

12                   (7) the defendant was incarcerated in an

13  institution or facility of the Department of

14  Corrections at the time of the murder, and while

15  committing an offense punishable as a felony under

16  Illinois law, or while engaged in a conspiracy or

17  solicitation to commit such offense, intentionally

18  killed an individual or counseled, commanded,

19  induced, procured, or caused the intentional

20  killing of the murdered individual;

21                   (8) the murder was committed in a cold,

22  calculated and premeditated manner pursuant to a

23  preconceived plan, scheme, or design to take a

24  human life by unlawful means, and the conduct of

25  the defendant created a reasonable expectation

26  that the death of a human being would result
    SB2394 Enrolled  - 2801 - LRB104 09208 AMC 19265 b

1   therefrom;

2                    (9) the defendant was a principal

3   administrator, organizer, or leader of a

4   calculated criminal drug conspiracy consisting of

5   a hierarchical position of authority superior to

6   that of all other members of the conspiracy, and

7   the defendant counseled, commanded, induced,

8   procured, or caused the intentional killing of the

9   murdered person;

10                   (10) the murder was intentional and involved

11  the infliction of torture. For the purpose of this

12  clause (10), torture means the infliction of or

13  subjection to extreme physical pain, motivated by

14  an intent to increase or prolong the pain,

15  suffering, or agony of the victim;

16                   (11) the murder was committed as a result of

17  the intentional discharge of a firearm by the

18  defendant from a motor vehicle and the victim was

19  not present within the motor vehicle;

20                   (12) the murdered individual was a person with

21  a disability and the defendant knew or should have

22  known that the murdered individual was a person

23  with a disability. For purposes of this clause

24  (12), "person with a disability" means a person

25  who suffers from a permanent physical or mental

26  impairment resulting from disease, an injury, a
    SB2394 Enrolled  - 2802 - LRB104 09208 AMC 19265 b

1   functional disorder, or a congenital condition

2   that renders the person incapable of adequately

3   providing for his or her own health or personal

4   care;

5                    (13) the murdered individual was subject to an

6   order of protection and the murder was committed

7   by a person against whom the same order of

8   protection was issued under the Illinois Domestic

9   Violence Act of 1986;

10                   (14) the murdered individual was known by the

11  defendant to be a teacher or other person employed

12  in any school and the teacher or other employee is

13  upon the grounds of a school or grounds adjacent

14  to a school, or is in any part of a building used

15  for school purposes;

16                   (15) the murder was committed by the defendant

17  in connection with or as a result of the offense of

18  terrorism as defined in Section 29D-14.9 of this

19  Code;

20                   (16) the murdered individual was a member of a

21  congregation engaged in prayer or other religious

22  activities at a church, synagogue, mosque, or

23  other building, structure, or place used for

24  religious worship; or

25                   (17)(i) the murdered individual was a

26  physician, physician assistant, psychologist,
    SB2394 Enrolled      - 2803 - LRB104 09208 AMC 19265 b

1   nurse, or advanced practice registered nurse;

2                    (ii) the defendant knew or should have known

3   that the murdered individual was a physician,

4   physician assistant, psychologist, nurse, or

5   advanced practice registered nurse; and

6                    (iii) the murdered individual was killed in

7   the course of acting in his or her capacity as a

8   physician, physician assistant, psychologist,

9   nurse, or advanced practice registered nurse, or

10  to prevent him or her from acting in that

11  capacity, or in retaliation for his or her acting

12  in that capacity.

13  (c) the court shall sentence the defendant to a

14  term of natural life imprisonment if the defendant, at

15  the time of the commission of the murder, had attained

16  the age of 18, and:

17                   (i) has previously been convicted of first

18  degree murder under any state or federal law, or

19                   (ii) is found guilty of murdering more than

20  one victim, or

21                   (iii) is found guilty of murdering a peace

22  officer, fireman, or emergency management worker

23  when the peace officer, fireman, or emergency

24  management worker was killed in the course of

25  performing his official duties, or to prevent the

26  peace officer or fireman from performing his
    SB2394 Enrolled  - 2804 - LRB104 09208 AMC 19265 b

1   official duties, or in retaliation for the peace

2   officer, fireman, or emergency management worker

3   from performing his official duties, and the

4   defendant knew or should have known that the

5   murdered individual was a peace officer, fireman,

6   or emergency management worker, or

7                    (iv) is found guilty of murdering an employee

8   of an institution or facility of the Department of

9   Corrections, or any similar local correctional

10  agency, when the employee was killed in the course

11  of performing his official duties, or to prevent

12  the employee from performing his official duties,

13  or in retaliation for the employee performing his

14  official duties, or

15                   (v) is found guilty of murdering an emergency

16  medical technician - ambulance, emergency medical

17  technician - intermediate, emergency medical

18  technician - paramedic, ambulance driver, or other

19  medical assistance or first aid person while

20  employed by a municipality or other governmental

21  unit when the person was killed in the course of

22  performing official duties or to prevent the

23  person from performing official duties or in

24  retaliation for performing official duties and the

25  defendant knew or should have known that the

26  murdered individual was an emergency medical
    SB2394 Enrolled  - 2805 - LRB104 09208 AMC 19265 b

1   technician - ambulance, emergency medical

2   technician - intermediate, emergency medical

3   technician - paramedic, ambulance driver, or other

4   medical assistant or first aid personnel, or

5                    (vi) (blank), or

6                    (vii) is found guilty of first degree murder

7   and the murder was committed by reason of any

8   person's activity as a community policing

9   volunteer or to prevent any person from engaging

10  in activity as a community policing volunteer. For

11  the purpose of this Section, "community policing

12  volunteer" has the meaning ascribed to it in

13  Section 2-3.5 of the Criminal Code of 2012.

14  For purposes of clause (v), "emergency medical

15  technician - ambulance", "emergency medical technician

16  - intermediate", and "emergency medical technician -

17  paramedic", have the meanings ascribed to them in the

18  Emergency Medical Services (EMS) Systems Act.

19  (d)(i) if the person committed the offense while

20  armed with a firearm, 15 years shall be added to

21  the term of imprisonment imposed by the court;

22  (ii) if, during the commission of the offense, the

23  person personally discharged a firearm, 20 years shall

24  be added to the term of imprisonment imposed by the

25  court;

26  (iii) if, during the commission of the offense,
    SB2394 Enrolled  - 2806 - LRB104 09208 AMC 19265 b

1   the person personally discharged a firearm that

2   proximately caused great bodily harm, permanent

3   disability, permanent disfigurement, or death to

4   another person, 25 years or up to a term of natural

5   life shall be added to the term of imprisonment

6   imposed by the court.

7   (2) (blank);

8   (2.5) for a person who has attained the age of 18 years

9   at the time of the commission of the offense and who is

10  convicted under the circumstances described in subdivision

11  (b)(1)(B) of Section 11-1.20 or paragraph (3) of

12  subsection (b) of Section 12-13, subdivision (d)(2) of

13  Section 11-1.30 or paragraph (2) of subsection (d) of

14  Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

15  paragraph (1.2) of subsection (b) of Section 12-14.1,

16  subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

17  subsection (b) of Section 12-14.1 of the Criminal Code of

18  1961 or the Criminal Code of 2012, the sentence shall be a

19  term of natural life imprisonment.

20  (b) (Blank).

21  (c) (Blank).

22  (d) Subject to earlier termination under Section 3-3-8,

23 the parole or mandatory supervised release term shall be

24 written as part of the sentencing order and shall be as

25 follows:

26  (1) for first degree murder or for the offenses of
    SB2394 Enrolled  - 2807 - LRB104 09208 AMC 19265 b

1   predatory criminal sexual assault of a child, aggravated

2   criminal sexual assault, and criminal sexual assault if

3   committed on or before December 12, 2005, 3 years;

4   (1.5) except as provided in paragraph (7) of this

5   subsection (d), for a Class X felony except for the

6   offenses of predatory criminal sexual assault of a child,

7   aggravated criminal sexual assault, and criminal sexual

8   assault if committed on or after December 13, 2005 (the

9   effective date of Public Act 94-715) and except for the

10  offense of aggravated child pornography under Section

11  11-20.1B, 11-20.3, or 11-20.1 with sentencing under

12  subsection (c-5) of Section 11-20.1 of the Criminal Code

13  of 1961 or the Criminal Code of 2012, if committed on or

14  after January 1, 2009, and except for the offense of

15  obscene depiction of a purported child with sentencing

16  under subsection (d) of Section 11-20.4 of the Criminal

17  Code of 2012, 18 months;

18  (2) except as provided in paragraph (7) of this

19  subsection (d), for a Class 1 felony or a Class 2 felony

20  except for the offense of criminal sexual assault if

21  committed on or after December 13, 2005 (the effective

22  date of Public Act 94-715) and except for the offenses of

23  manufacture and dissemination of child pornography under

24  clauses (a)(1) and (a)(2) of Section 11-20.1 of the

25  Criminal Code of 1961 or the Criminal Code of 2012, if

26  committed on or after January 1, 2009, and except for the
    SB2394 Enrolled  - 2808 - LRB104 09208 AMC 19265 b

1   offense of obscene depiction of a purported child under

2   paragraph (2) of subsection (b) of Section 11-20.4 of the

3   Criminal Code of 2012, 12 months;

4   (3) except as provided in paragraph (4), (6), or (7)

5   of this subsection (d), for a Class 3 felony or a Class 4

6   felony, 6 months; no later than 45 days after the onset of

7   the term of mandatory supervised release, the Prisoner

8   Review Board shall conduct a discretionary discharge

9   review pursuant to the provisions of Section 3-3-8, which

10  shall include the results of a standardized risk and needs

11  assessment tool administered by the Department of

12  Corrections; the changes to this paragraph (3) made by

13  Public Act 102-1104 this amendatory Act of the 102nd

14  General Assembly apply to all individuals released on

15  mandatory supervised release on or after December 6, 2022

16  (the effective date of Public Act 102-1104) this

17  amendatory Act of the 102nd General Assembly, including

18  those individuals whose sentences were imposed prior to

19  December 6, 2022 (the effective date of Public Act

20  102-1104) this amendatory Act of the 102nd General

21  Assembly;

22  (4) for defendants who commit the offense of predatory

23  criminal sexual assault of a child, aggravated criminal

24  sexual assault, or criminal sexual assault, on or after

25  December 13, 2005 (the effective date of Public Act

26  94-715), or who commit the offense of aggravated child
    SB2394 Enrolled    - 2809 - LRB104 09208 AMC 19265 b

1   pornography under Section 11-20.1B, 11-20.3, or 11-20.1

2   with sentencing under subsection (c-5) of Section 11-20.1

3   of the Criminal Code of 1961 or the Criminal Code of 2012,

4   manufacture of child pornography, or dissemination of

5   child pornography after January 1, 2009, or who commit the

6   offense of obscene depiction of a purported child under

7   paragraph (2) of subsection (b) of Section 11-20.4 of the

8   Criminal Code of 2012 or who commit the offense of obscene

9   depiction of a purported child with sentencing under

10  subsection (d) of Section 11-20.4 of the Criminal Code of

11  2012, the term of mandatory supervised release shall range

12  from a minimum of 3 years to a maximum of the natural life

13  of the defendant;

14  (5) if the victim is under 18 years of age, for a

15  second or subsequent offense of aggravated criminal sexual

16  abuse or felony criminal sexual abuse, 4 years, at least

17  the first 2 years of which the defendant shall serve in an

18  electronic monitoring or home detention program under

19  Article 8A of Chapter V of this Code;

20  (6) for a felony domestic battery, aggravated domestic

21  battery, stalking, aggravated stalking, and a felony

22  violation of an order of protection, 4 years;

23  (7) for any felony described in paragraph (a)(2)(ii),

24  (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

25  (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

26  3-6-3 of the Unified Code of Corrections requiring an
    SB2394 Enrolled  - 2810 - LRB104 09208 AMC 19265 b

1   inmate to serve a minimum of 85% of their court-imposed

2   sentence, except for the offenses of predatory criminal

3   sexual assault of a child, aggravated criminal sexual

4   assault, and criminal sexual assault if committed on or

5   after December 13, 2005 (the effective date of Public Act

6   94-715) and except for the offense of aggravated child

7   pornography under Section 11-20.1B, 11-20.3, or 11-20.1

8   with sentencing under subsection (c-5) of Section 11-20.1

9   of the Criminal Code of 1961 or the Criminal Code of 2012,

10  if committed on or after January 1, 2009, and except for

11  the offense of obscene depiction of a purported child with

12  sentencing under subsection (d) of Section 11-20.4 of the

13  Criminal Code of 2012, and except as provided in paragraph

14  (4) or paragraph (6) of this subsection (d), the term of

15  mandatory supervised release shall be as follows:

16  (A) Class X felony, 3 years;

17  (B) Class 1 or Class 2 felonies, 2 years;

18  (C) Class 3 or Class 4 felonies, 1 year.

19  (e) (Blank).

20  (f) (Blank).

21  (g) Notwithstanding any other provisions of this Act and

22 of Public Act 101-652: (i) the provisions of paragraph (3) of

23 subsection (d) are effective on July 1, 2022 and shall apply to

24 all individuals convicted on or after the effective date of

25 paragraph (3) of subsection (d); and (ii) the provisions of

26 paragraphs (1.5) and (2) of subsection (d) are effective on
    SB2394 Enrolled      - 2811 - LRB104 09208 AMC 19265 b

1 July 1, 2021 and shall apply to all individuals convicted on or
2 after the effective date of paragraphs (1.5) and (2) of
3 subsection (d).
4 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
5 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
6 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)

7   Section 1090. The Probation and Probation Officers Act is

8 amended by changing Section 16.1 as follows:

9   (730 ILCS 110/16.1)

10  Sec. 16.1. Redeploy Illinois Program.

11  (a) The purpose of this Section is to encourage the

12 deinstitutionalization of juvenile offenders by establishing

13 projects in counties or groups of counties that reallocate

14 State funds from juvenile correctional confinement to local

15 jurisdictions, which will establish a continuum of local,

16 community-based sanctions and treatment alternatives for

17 juvenile offenders who would be incarcerated if those local

18 services and sanctions did not exist. It is also intended to

19 offer alternatives, when appropriate, to avoid commitment to

20 the Department of Juvenile Justice, to direct child welfare

21 services for minors charged with a criminal offense or

22 adjudicated delinquent under Section 5 of the Children and

23 Family Services Act. The allotment of funds will be based on a

24 formula that rewards local jurisdictions for the establishment
    SB2394 Enrolled    - 2812 - LRB104 09208 AMC 19265 b

1 or expansion of local alternatives to incarceration, and

2 requires them to pay for utilization of incarceration as a

3 sanction. In addition, there shall be an allocation of

4 resources (amount to be determined annually by the Redeploy

5 Illinois Oversight Board) set aside at the beginning of each

6 fiscal year to be made available for any county or groups of

7 counties which need resources only occasionally for services

8 to avoid commitment to the Department of Juvenile Justice for

9 a limited number of youth. This redeployment of funds shall be

10 made in a manner consistent with the Juvenile Court Act of 1987

11 and the following purposes and policies:

12  (1) The juvenile justice system should protect the

13  community, impose accountability to victims and

14  communities for violations of law, and equip juvenile

15  offenders with competencies to live responsibly and

16  productively.

17  (2) Juveniles should be treated in the least

18  restrictive manner possible while maintaining the safety

19  of the community.

20  (3) A continuum of services and sanctions from least

21  restrictive to most restrictive should be available in

22  every community.

23  (4) There should be local responsibility and authority

24  for planning, organizing, and coordinating service

25  resources in the community. People in the community can

26  best choose a range of services which reflect community
    SB2394 Enrolled  - 2813 - LRB104 09208 AMC 19265 b

1   values and meet the needs of their own youth.

2   (5) Juveniles who pose a threat to the community or

3   themselves need special care, including secure settings.

4   Such services as detention, long-term incarceration, or

5   residential treatment are too costly to provide in each

6   community and should be coordinated and provided on a

7   regional or Statewide basis.

8   (6) The roles of State and local government in

9   creating and maintaining services to youth in the juvenile

10  justice system should be clearly defined. The role of the

11  State is to fund services, set standards of care, train

12  service providers, and monitor the integration and

13  coordination of services. The role of local government

14  should be to oversee the provision of services.

15  (b) Each county or circuit participating in the Redeploy

16 Illinois program must create a local plan demonstrating how it

17 will reduce the county or circuit's utilization of secure

18 confinement of juvenile offenders in the Illinois Department

19 of Juvenile Justice or county detention centers by the

20 creation or expansion of individualized services or programs

21 that may include but are not limited to the following:

22  (1) Assessment and evaluation services to provide the

23  juvenile justice system with accurate individualized case

24  information on each juvenile offender, including mental

25  health, substance abuse, educational, and family

26  information;
    SB2394 Enrolled  - 2814 - LRB104 09208 AMC 19265 b

1        (2) Direct services to individual juvenile offenders,

2   including educational, vocational, mental health,

3   substance abuse, supervision, and service coordination;

4   and

5        (3) Programs that seek to restore the offender to the

6   community, such as victim offender panels, teen courts,

7   competency building, enhanced accountability measures,

8   restitution, and community service. The local plan must be

9   directed in such a manner as to emphasize an

10  individualized approach to providing services to juvenile

11  offenders in an integrated community based system

12  including probation as the broker of services. The plan

13  must also detail the reduction in utilization of secure

14  confinement. The local plan shall be limited to services

15  and shall not include costs for:

16       (i) capital expenditures;

17       (ii) renovations or remodeling;

18       (iii) personnel costs for probation.

19  The local plan shall be submitted to the Department of

20 Human Services.

21  (c) A county or group of counties may develop an agreement

22 with the Department of Human Services to reduce their number

23 of commitments of juvenile offenders, excluding minors

24 sentenced based upon a finding of guilt of first degree murder

25 or an offense which is a Class X forcible felony as defined in

26 the Criminal Code of 2012, to the Department of Juvenile
    SB2394 Enrolled  - 2815 - LRB104 09208 AMC 19265 b

1 Justice, and then use the savings to develop local programming

2 for youth who would otherwise have been committed to the

3 Department of Juvenile Justice. A county or group of counties

4 shall agree to limit their commitments to 75% of the level of

5 commitments from the average number of juvenile commitments

6 for the past 3 years, and will receive the savings to redeploy

7 for local programming for juveniles who would otherwise be

8 held in confinement. For any county or group of counties with a

9 decrease of juvenile commitments of at least 25%, based on the

10 average reductions of the prior 3 years, which are chosen to

11 participate or continue as sites, the Redeploy Illinois

12 Oversight Board has the authority to reduce the required

13 percentage of future commitments to achieve the purpose of

14 this Section. The agreement shall set forth the following:

15  (1) a statement Statement of the number and type of

16  juvenile offenders from the county who were held in secure

17  confinement by the Illinois Department of Juvenile Justice

18  or in county detention the previous year, and an

19  explanation of which, and how many, of these offenders

20  might be served through the proposed Redeploy Illinois

21  Program for which the funds shall be used;

22  (2) a statement Statement of the service needs of

23  currently confined juveniles;

24  (3) a statement Statement of the type of services and

25  programs to provide for the individual needs of the

26  juvenile offenders, and the research or evidence base that
    SB2394 Enrolled          - 2816 - LRB104 09208 AMC 19265 b

1   qualifies those services and programs as proven or

2   promising practices;

3   (4) a budget indicating the costs of each service or

4   program to be funded under the plan;

5   (5) a summary of contracts and service agreements

6   indicating the treatment goals and number of juvenile

7   offenders to be served by each service provider; and

8   (6) a statement Statement indicating that the Redeploy

9   Illinois Program will not duplicate existing services and

10  programs. Funds for this plan shall not supplant existing

11  county funded programs.

12  In a county with a population exceeding 2,000,000, the

13 Redeploy Illinois Oversight Board may authorize the Department

14 of Human Services to enter into an agreement with that county

15 to reduce the number of commitments by the same percentage as

16 is required by this Section of other counties, and with all of

17 the same requirements of this Act, including reporting and

18 evaluation, except that the agreement may encompass a clearly

19 identifiable geographical subdivision of that county. The

20 geographical subdivision may include, but is not limited to, a

21 police district or group of police districts, a geographical

22 area making up a court calendar or group of court calendars, a

23 municipal district or group of municipal districts, or a

24 municipality or group of municipalities.

25  (d) (Blank).

26  (d-5) A county or group of counties that does not have an
    SB2394 Enrolled  - 2817 - LRB104 09208 AMC 19265 b

1 approved Redeploy Illinois program, as described in subsection

2 (b), and that has committed fewer than 10 Redeploy eligible

3 youth to the Department of Juvenile Justice on average over

4 the previous 3 years, may develop an individualized agreement

5 with the Department of Human Services through the Redeploy

6 Illinois program to provide services to youth to avoid

7 commitment to the Department of Juvenile Justice. The

8 agreement shall set forth the following:

9   (1) a statement of the number and type of juvenile

10  offenders from the county who were at risk under any of the

11  categories listed above during the 3 previous years, and

12  an explanation of which of these offenders would be served

13  through the proposed Redeploy Illinois program for which

14  the funds shall be used, or through individualized

15  contracts with existing Redeploy programs in neighboring

16  counties;

17  (2) a statement of the service needs;

18  (3) a statement of the type of services and programs

19  to provide for the individual needs of the juvenile

20  offenders, and the research or evidence that qualifies

21  those services and programs as proven or promising

22  practices;

23  (4) a budget indicating the costs of each service or

24  program to be funded under the plan;

25  (5) a summary of contracts and service agreements

26  indicating the treatment goals and number of juvenile
    SB2394 Enrolled   - 2818 - LRB104 09208 AMC 19265 b

1   offenders to be served by each service provider; and

2   (6) a statement indicating that the Redeploy Illinois

3   program will not duplicate existing services and programs.

4   Funds for this plan shall not supplant existing county

5   funded programs.

6   (e) The Department of Human Services shall be responsible

7 for the following:

8   (1) Reviewing each Redeploy Illinois Program plan for

9   compliance with standards established for such plans. A

10  plan may be approved as submitted, approved with

11  modifications, or rejected. No plan shall be considered

12  for approval if the circuit or county is not in full

13  compliance with all regulations, standards, and guidelines

14  pertaining to the delivery of basic probation services as

15  established by the Supreme Court.

16  (2) Monitoring on a continual basis and evaluating

17  annually both the program and its fiscal activities in all

18  counties receiving an allocation under the Redeploy

19  Illinois Program. Any program or service that has not met

20  the goals and objectives of its contract or service

21  agreement shall be subject to denial for funding in

22  subsequent years. The Department of Human Services shall

23  evaluate the effectiveness of the Redeploy Illinois

24  Program in each circuit or county. In determining the

25  future funding for the Redeploy Illinois Program under

26  this Act, the evaluation shall include, as a primary
    SB2394 Enrolled  - 2819 - LRB104 09208 AMC 19265 b

1   indicator of success, a decreased number of confinement

2   days for the county's juvenile offenders.

3   (f) Any Redeploy Illinois Program allocations not applied

4 for and approved by the Department of Human Services shall be

5 available for redistribution to approved plans for the

6 remainder of that fiscal year. Any county that invests local

7 moneys in the Redeploy Illinois Program shall be given first

8 consideration for any redistribution of allocations.

9 Jurisdictions participating in Redeploy Illinois that exceed

10 their agreed upon level of commitments to the Department of

11 Juvenile Justice shall reimburse the Department of Corrections

12 for each commitment above the agreed upon level.

13  (g) Implementation of Redeploy Illinois.

14  (1) Oversight of Redeploy Illinois.

15  (i) Redeploy Illinois Oversight Board. The

16  Department of Human Services shall convene an

17  oversight board to oversee the Redeploy Illinois

18  Program. The Board shall include, but not be limited

19  to, designees from the Department of Juvenile Justice,

20  the Administrative Office of the Illinois Courts, the

21  Illinois Juvenile Justice Commission, the Illinois

22  Criminal Justice Information Authority, the Department

23  of Children and Family Services, the State Board of

24  Education, the Cook County State's Attorney, and a

25  State's Attorney selected by the President of the

26  Illinois State's Attorney's Association, the Cook
    SB2394 Enrolled  - 2820 - LRB104 09208 AMC 19265 b

1   County Public Defender, a representative of the

2   defense bar appointed by the Chief Justice of the

3   Illinois Supreme Court, a representative of probation

4   appointed by the Chief Justice of the Illinois Supreme

5   Court, and judicial representation appointed by the

6   Chief Justice of the Illinois Supreme Court. Up to an

7   additional 9 members may be appointed by the Secretary

8   of Human Services from recommendations by the

9   Oversight Board; these appointees shall possess a

10  knowledge of juvenile justice issues and reflect the

11  collaborative public/private relationship of Redeploy

12  programs.

13  (ii) Responsibilities of the Redeploy Illinois

14  Oversight Board. The Oversight Board shall:

15                   (A) Identify jurisdictions to be included in

16  the program of Redeploy Illinois.

17                   (B) Develop a formula for reimbursement of

18  local jurisdictions for local and community-based

19  services utilized in lieu of commitment to the

20  Department of Juvenile Justice, as well as for any

21  charges for local jurisdictions for commitments

22  above the agreed upon limit in the approved plan.

23                   (C) Identify resources sufficient to support

24  the administration and evaluation of Redeploy

25  Illinois.

26                   (D) Develop a process and identify resources
    SB2394 Enrolled  - 2821 - LRB104 09208 AMC 19265 b

1   to support on-going monitoring and evaluation of

2   Redeploy Illinois.

3                    (E) Develop a process and identify resources

4   to support training on Redeploy Illinois.

5                    (E-5) Review proposed individualized

6   agreements and approve where appropriate the

7   distribution of resources.

8                    (F) Report to the Governor and the General

9   Assembly on an annual basis on the progress of

10  Redeploy Illinois.

11  (iii) Length of Planning Phase. The planning phase

12  may last up to, but may in no event last longer than,

13  July 1, 2004.

14  (2) (Blank).

15  (3) There shall be created the Redeploy County Review

16  Committee composed of the designees of the Secretary of

17  Human Services and the Directors of Juvenile Justice, of

18  Children and Family Services, and of the Governor's Office

19  of Management and Budget who shall constitute a

20  subcommittee of the Redeploy Illinois Oversight Board.

21  (h) Responsibilities of the County Review Committee. The

22 County Review Committee shall:

23  (1) Review individualized agreements from counties

24  requesting resources on an occasional basis for services

25  for youth described in subsection (d-5).

26  (2) Report its decisions to the Redeploy Illinois
    SB2394 Enrolled          - 2822 - LRB104 09208 AMC 19265 b

1   Oversight Board at regularly scheduled meetings.

2   (3) Monitor the effectiveness of the resources in

3   meeting the mandates of the Redeploy Illinois program set

4   forth in this Section so these results might be included

5   in the Report described in clause (g)(1)(ii)(F).

6   (4) During the third quarter, assess the amount of

7   remaining funds available and necessary to complete the

8   fiscal year so that any unused funds may be distributed as

9   defined in subsection (f).

10  (5) Ensure that the number of youth from any applicant

11  county receiving individualized resources will not exceed

12  the previous 3-year three-year average of Redeploy

13  eligible recipients and that counties are in conformity

14  with all other elements of this law.

15  (i) Implementation of this Section is subject to

16 appropriation.

17  (j) Rulemaking authority to implement this amendatory Act

18 of the 95th General Assembly, if any, is conditioned on the

19 rules being adopted in accordance with all provisions of and

20 procedures and rules implementing the Illinois Administrative

21 Procedure Act; any purported rule not so adopted, for whatever

22 reason, is unauthorized.

23 (Source: P.A. 97-1150, eff. 1-25-13; 98-60, eff. 1-1-14;

24 revised 7-22-24.)

25  Section 1095. The Veterans and Servicemembers Court
    SB2394 Enrolled      - 2823 - LRB104 09208 AMC 19265 b

1 Treatment Act is amended by changing Section 40 as follows:

2   (730 ILCS 167/40)

3   Sec. 40. Education for judges. A judge assigned to preside

4 over a veteran and servicemembers court shall have experience,

5 training, and continuing education in topics including, but

6 not limited to:

7   (1) criminal law;

8   (2) behavioral health;

9   (3) confidentiality confidently;

10  (4) ethics;

11  (5) evidence-based practices;

12  (6) substance use disorders;

13  (7) mental illness;

14  (8) co-occurring disorders; and

15  (9) presiding over various types of problem-solving

16  courts.

17 (Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.)

18  Section 1100. The Mental Health Court Treatment Act is

19 amended by changing Section 41 as follows:

20  (730 ILCS 168/41)

21  Sec. 41. Education seminars for judges. A judge assigned

22 to preside over a mental health court shall have experience,

23 training, and continuing education in topics including, but
    SB2394 Enrolled      - 2824 - LRB104 09208 AMC 19265 b

1 not limited to:

2   (1) criminal law;

3   (2) behavioral health;

4   (3) confidentiality confidently;

5   (4) ethics;

6   (5) evidence-based practices;

7   (6) substance use disorders;

8   (7) mental illness;

9   (8) co-occurring disorders; and

10  (9) presiding over various types of problem-solving

11  courts.

12 (Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.)

13  Section 1105. The Higher Education in Prison Act is

14 amended by changing Section 5 as follows:

15  (730 ILCS 225/5)

16  Sec. 5. Higher education in prison programs.

17  (a) In this Section, "higher education" means

18 post-secondary academic education at the undergraduate or

19 graduate level in a community college or university setting.

20  (b) On or before September 1 of the year following the

21 effective date of this Act and each subsequent September 1,

22 the Department of Corrections shall release a report, to be

23 published on the Department of Corrections's Internet website,

24 detailing the following information pertaining to higher
    SB2394 Enrolled      - 2825 - LRB104 09208 AMC 19265 b

1 education within Department institutions and facilities:

2   (1) the number of unique individuals involved in adult

3   basic education, high school equivalency, and credit and

4   non-credit bearing higher education programs over the

5   course of the fiscal year;

6   (2) the racial, ethnic, age, and gender breakdown of

7   committed persons participating in higher education

8   programs;

9   (3) the length of sentence and length of remaining

10  sentence of persons enrolled in higher education programs;

11  (4) the number of committed persons who are on waiting

12  lists for participation in all educational programs,

13  including adult basic education, high school equivalency,

14  and higher education, and the average length of time spent

15  on each waiting list, including a breakdown by length of

16  remaining sentence;

17  (5) the total amount of earned program sentence credit

18  awarded to committed persons for participating in higher

19  education programs and the percentage of committed persons

20  participating in higher education programs that are

21  awarded earned program sentence credit;

22  (6) the number, category, and ultimate resolution of

23  grievances related to higher education programs;

24  (7) a financial statement that includes annual and

25  monthly expenditures of Department of Corrections

26  institutions and facilities on adult basic education, high
    SB2394 Enrolled    - 2826 - LRB104 09208 AMC 19265 b

1   school equivalency, and higher education programs; and

2   (8) an explanation of how participation in adult basic

3   education, high school equivalency, and higher education

4   programs is factored into a committed persons' risk

5   assessment score.

6   Personal, identifiable information shall be redacted to

7 protect privacy.

8   The report must be filed with the Governor and General

9 Assembly.

10  (c) The data provided in the report under subsection (b)

11 shall include an aggregate chart at the Department level and

12 individual reports by each correctional institution or

13 facility of the Department of Corrections.

14  (d) To facilitate the collection of information on higher

15 education in prison (HEP) programs, each 4-year public or

16 private institution of higher education with HEP degree or

17 certificate programs shall provide the Board of Higher

18 Education with student-level information as part of its

19 regular agency data-collection processes. Each public

20 community college with HEP degree or certificate programs

21 shall provide the Illinois Community College Board with

22 student-level information as part of its regular agency

23 data-collection processes. Upon request, the student-level

24 information shall include the correctional facility in which

25 the HEP program is being offered. The information provided to

26 the Board of Higher Education and the Illinois Community
    SB2394 Enrolled       - 2827 - LRB104 09208 AMC 19265 b

1 College Board shall include HEP enrollment and completion data
2 disaggregated by variables, including, but not limited to,
3 race, ethnicity, gender, age, and type of degree or
4 certificate. The Board of Higher Education and the Illinois
5 Community College Board shall annually make HEP program data
6 publicly available on their Internet websites.
7 (Source: P.A. 103-541, eff. 1-1-24; revised 7-22-24.)

8   Section 1110. The Code of Civil Procedure is amended by

9 renumbering and changing Section 804.5 and by changing Section

10 15-1603 as follows:

11  (735 ILCS 5/8-804.5)

12  Sec. 8-804.5 804.5. Parties to a restorative justice

13 practice.

14  (a) This Section is intended to encourage the use of

15 restorative justice practices by providing a privilege for

16 participation in such practices and ensuring that anything

17 said or done during the practice, or in anticipation of or as a

18 follow-up to the practice, is privileged and may not be used in

19 any future proceeding unless the privilege is waived by the

20 informed consent of the party or parties covered by the

21 privilege. The General Assembly affords this privilege in

22 recognition of restorative justice as a powerful tool in

23 addressing the needs of victims, offenders, and the larger

24 community in the process of repairing the fabric of community
    SB2394 Enrolled          - 2828 - LRB104 09208 AMC 19265 b

1 peace. The General Assembly encourages residents of this State

2 to employ restorative justice practices, not only in

3 justiciable matters, but in all aspects of life and law.

4   (b) As used in this Section:

5   "Circle" means a versatile restorative practice that can

6 be used proactively, to develop relationships and build

7 community, or reactively, to respond to wrongdoing, conflicts,

8 and problems.

9   "Conference" means a structured meeting between offenders,

10 victims, and both parties' family and friends, in which they

11 deal with the consequences of a crime or wrongdoing and decide

12 how best to repair the harm.

13  "Facilitator" means a person who is trained to facilitate

14 a restorative justice practice.

15  "Party" means a person, including a facilitator, an

16 individual who has caused harm, an individual who has been

17 harmed, a community member, and any other participant, who

18 voluntarily consents to participate with others who have

19 agreed to participate in a restorative justice practice.

20  "Proceeding" means any legal action subject to this Code,

21 including, but not limited to, civil, criminal, juvenile, or

22 administrative hearings.

23  "Restorative justice practice" or "practice" means a

24 gathering, such as a conference or circle, in which parties

25 who have caused harm or who have been harmed and community

26 stakeholders collectively gather to identify and repair harm
    SB2394 Enrolled       - 2829 - LRB104 09208 AMC 19265 b

1 to the extent possible, address trauma, reduce the likelihood

2 of further harm, and strengthen community ties by focusing on

3 the needs and obligations of all parties involved through a

4 participatory process.

5   (c) Anything said or done during or in preparation for a

6 restorative justice practice or as a follow-up to that

7 practice, or the fact that the practice has been planned or

8 convened, is privileged and cannot be referred to, used, or

9 admitted in any civil, criminal, juvenile, or administrative

10 proceeding unless the privilege is waived, during the

11 proceeding or in writing, by the party or parties protected by

12 the privilege. Privileged information is not subject to

13 discovery or disclosure in any judicial or extrajudicial

14 proceedings.

15  Any waiver of privilege is limited to the participation

16 and communication of the waiving party only, and the

17 participation or communications of any other participant

18 remain privileged unless waived by the other participant.

19  (d) Evidence that is otherwise admissible or subject to

20 discovery does not become inadmissible or protected from

21 discovery solely because it was discussed or used in a

22 restorative justice practice.

23  (e) The legitimacy of a restorative justice practice, if

24 challenged in any civil, juvenile, criminal, or administrative

25 proceeding, shall be determined by a judge. In a hearing

26 conducted pursuant to this subsection, the judge may consider
    SB2394 Enrolled             - 2830 - LRB104 09208 AMC 19265 b

1 information that would otherwise be privileged to the extent

2 that the information is probative of the issue.

3      (f) The privilege afforded by this Section does not apply

4 if:

5      (1) disclosure is necessary to prevent death, great

6      bodily harm, or the commission of a crime;

7      (2) necessary to comply with another law; or

8      (3) a court, tribunal, or administrative body requires

9      a report on a restorative justice practice, but such

10     report shall be limited to the fact that a practice has

11     taken place, an opinion regarding the success of the

12     practice, and whether further restorative justice

13     practices are expected.

14     (g) This Section applies to all restorative justice

15 practices that are convened on or after July 15, 2021 (the

16 effective date of 102-100) this amendatory Act of the 102nd

17 General Assembly.

18 (Source: P.A. 102-100, eff. 7-15-21; revised 7-23-24.)

19     (735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603)

20     Sec. 15-1603. Redemption.

21     (a) Owner of Redemption. Except as provided in subsection

22 (b) of Section 15-1402, only an owner of redemption may redeem

23 from the foreclosure, and such owner of redemption may redeem

24 only during the redemption period specified in subsection (b)

25 of this Section 15-1603 and only if the right of redemption has
    SB2394 Enrolled         - 2831 - LRB104 09208 AMC 19265 b

1 not been validly waived.

2   (b) Redemption Period.

3   (1) In the foreclosure of a mortgage of real estate

4   which is residential real estate at the time the

5   foreclosure is commenced, the redemption period shall end

6   on the later of (i) the date 7 months from the date the

7   mortgagor or, if more than one, all the mortgagors (A)

8   have been served with summons or by publication or (B)

9   have otherwise submitted to the jurisdiction of the court,

10  or (ii) the date 3 months from the date of entry of a

11  judgment of foreclosure.

12  (2) In all other foreclosures, the redemption period

13  shall end on the later of (i) the date 6 months from the

14  date the mortgagor or, if more than one, all the

15  mortgagors (A) have been served with summons or by

16  publication or (B) have otherwise submitted to the

17  jurisdiction of the court, or (ii) the date 3 months from

18  the date of entry of a judgment of foreclosure.

19  (3) Notwithstanding paragraphs (1) and (2), the

20  redemption period shall end at the later of the expiration

21  of any reinstatement period provided for in Section

22  15-1602 or the date 60 days after the date the judgment of

23  foreclosure is entered, if the court finds that (i) the

24  value of the mortgaged real estate as of the date of the

25  judgment is less than 90% of the amount specified pursuant

26  to subsection (d) of this Section 15-1603 and (ii) the
    SB2394 Enrolled         - 2832 - LRB104 09208 AMC 19265 b

1   mortgagee waives any and all rights to a personal judgment

2   for a deficiency against the mortgagor and against all

3   other persons liable for the indebtedness or other

4   obligations secured by the mortgage.

5   (4) Notwithstanding paragraphs (1) and (2), the

6   redemption period shall end on the date 30 days after the

7   date the judgment of foreclosure is entered if the court

8   finds that the mortgaged real estate has been abandoned.

9   In cases where the redemption period is shortened on

10  account of abandonment, the reinstatement period shall not

11  extend beyond the redemption period as shortened.

12  (c) Extension of Redemption Period.

13  (1) Once expired, the right of redemption provided for

14  in this Section Sections 15-1603 or Section 15-1604 shall

15  not be revived. The period within which the right of

16  redemption provided for in this Section Sections 15-1603

17  or Section 15-1604 may be exercised runs independently of

18  any action by any person to enforce the judgment of

19  foreclosure or effect a sale pursuant thereto. Neither the

20  initiation of any legal proceeding nor the order of any

21  court staying the enforcement of a judgment of foreclosure

22  or the sale pursuant to a judgment or the confirmation of

23  the sale, shall have the effect of tolling the running of

24  the redemption period.

25  (2) If a court has the authority to stay, and does

26  stay, the running of the redemption period, or if the
    SB2394 Enrolled             - 2833 - LRB104 09208 AMC 19265 b

1   redemption period is extended by any statute of the United

2   States, the redemption period shall be extended until the

3   expiration of the same number of days after the expiration

4   of the stay order as the number of days remaining in the

5   redemption period at the time the stay order became

6   effective, or, if later, until the expiration of 30 days

7   after the stay order terminates. If the stay order

8   terminates more than 30 days prior to the expiration of

9   the redemption period, the redemption period shall not be

10  extended.

11  (d) Amount Required to Redeem. The amount required to

12 redeem shall be the sum of:

13  (1) The amount specified in the judgment of

14  foreclosure, which shall consist of (i) all principal and

15  accrued interest secured by the mortgage and due as of the

16  date of the judgment, (ii) all costs allowed by law, (iii)

17  costs and expenses approved by the court, (iv) to the

18  extent provided for in the mortgage and approved by the

19  court, additional costs, expenses, and reasonable

20  attorney's attorneys' fees incurred by the mortgagee, (v)

21  all amounts paid pursuant to Section 15-1505, and (vi) per

22  diem interest from the date of judgment to the date of

23  redemption calculated at the mortgage rate of interest

24  applicable as if no default had occurred; and

25  (2) The amount of other expenses authorized by the

26  court which the mortgagee reasonably incurs between the
   SB2394 Enrolled        - 2834 - LRB104 09208 AMC 19265 b

1  date of judgment and the date of redemption, which shall

2  be the amount certified by the mortgagee in accordance

3  with subsection (e) of this Section 15-1603.

4  (e) Notice of Intent to Redeem. An owner of redemption who

5 intends to redeem shall give written notice of such intent to

6 redeem to the mortgagee's attorney of record specifying the

7 date designated for redemption and the current address of the

8 owner of redemption for purposes of receiving notice. Such

9 owner of redemption shall file with the clerk of the court a

10 certification of the giving of such notice. The notice of

11 intent to redeem must be received by the mortgagee's attorney

12 at least 15 days (other than Saturday, Sunday, or court

13 holiday) prior to the date designated for redemption. The

14 mortgagee shall thereupon file with the clerk of the court and

15 shall give written notice to the owner of redemption at least

16 three days (other than Saturday, Sunday, or court holiday)

17 before the date designated for redemption a certification,

18 accompanied by copies of paid receipts or appropriate

19 affidavits, of any expenses authorized in paragraph (2) of

20 subsection (d) of this Section 15-1603. If the mortgagee fails

21 to serve such certification within the time specified herein,

22 then the owner of redemption intending to redeem may redeem on

23 the date designated for redemption in the notice of intent to

24 redeem, and the mortgagee shall not be entitled to payment of

25 any expenses authorized in paragraph (2) of subsection (d) of

26 this Section 15-1603.
    SB2394 Enrolled        - 2835 - LRB104 09208 AMC 19265 b

1   (f) Procedure for Redemption.

2   (1) An owner of redemption may redeem the real estate

3   from the foreclosure by paying the amount specified in

4   subsection (d) of this Section 15-1603 to the mortgagee or

5   the mortgagee's attorney of record on or before the date

6   designated for redemption pursuant to subsection (e) of

7   this Section 15-1603.

8   (2) If the mortgagee refuses to accept payment or if

9   the owner of redemption redeeming from the foreclosure

10  objects to the reasonableness of the additional expenses

11  authorized in paragraph (2) of subsection (d) of this

12  Section 15-1603 and certified in accordance with

13  subsection (e) of this Section 15-1603, the owner of

14  redemption shall pay the certified amount to the clerk of

15  the court on or before the date designated for redemption,

16  together with a written statement specifying the expenses

17  to which objection is made. In such case the clerk shall

18  pay to the mortgagee the amount tendered minus the amount

19  to which the objection pertains.

20  (3) Upon payment to the clerk, whether or not the

21  owner of redemption files an objection at the time of

22  payment, the clerk shall give a receipt of payment to the

23  person redeeming from the foreclosure, and shall file a

24  copy of that receipt in the foreclosure record. Upon

25  receipt of the amounts specified to be paid to the

26  mortgagee pursuant to this Section, the mortgagee shall
    SB2394 Enrolled         - 2836 - LRB104 09208 AMC 19265 b

1   promptly furnish the mortgagor with a release of the

2   mortgage or satisfaction of the judgment, as appropriate,

3   and the evidence of all indebtedness secured by the

4   mortgage shall be cancelled.

5   (g) Procedure Upon Objection. If an objection is filed by

6 an owner of redemption in accordance with paragraph (2) of

7 subsection (f) of this Section 15-1603, the clerk shall hold

8 the amount to which the objection pertains until the court

9 orders distribution of those funds. The court shall hold a

10 hearing promptly to determine the distribution of any funds

11 held by the clerk pursuant to such objection. Each party shall

12 pay its own costs and expenses in connection with any

13 objection, including attorney's attorneys' fees, subject to

14 Section 2-611 of the Code of Civil Procedure.

15  (h) Failure to Redeem. Unless the real estate being

16 foreclosed is redeemed from the foreclosure, it shall be sold

17 as provided in this Article.

18 (Source: P.A. 86-974; revised 10-16-24.)

19  Section 1115. The Eminent Domain Act is amended by setting

20 forth, renumbering, and changing multiple versions of Section

21 25-5-130 as follows:

22  (735 ILCS 30/25-5-130)

23  (Section scheduled to be repealed on July 19, 2027)

24  Sec. 25-5-130. Quick-take; City of Elmhurst; North York
   SB2394 Enrolled             - 2837 - LRB104 09208 AMC 19265 b

1 Road.

2  (a) Quick-take proceedings under Article 20 may be used

3 for a period of 2 years after July 19, 2024 (the effective date

4 of Public Act 103-698) this amendatory Act of the 103rd

5 General Assembly by the City of Elmhurst for the acquisition

6 of the following described property for the purpose of road

7 construction:

8 Route: North York Road

9 Section: 17-00188-00-SW

10 Job No.: C-91-186-20

11 County: DuPage

12 Parcel: 0002

13 Owner: NXE Properties, LLC

14 Pin No.: 03-35-406-048

15 That part of Lot 1 in County Clerk's Assessment Division of

16 Lots 1 and 2 of North Elmhurst Third Addition to the Village of

17 Elmhurst, being a subdivision in the East Half of the

18 Southeast Quarter of Section 35, Township 40 North, Range 11

19 East of the Third Principal Meridian, according to the plat

20 thereof recorded April 8, 1927 as document R233179, described

21 as follows:

22 Commencing at the northwest corner of said Lot 1; thence South

23 61 degrees 59 minutes 07 seconds East, (bearings based on

24 Illinois State Plane Coordinates System, NAD83, East Zone),

25 being the northerly line of said Lot 1, a distance of 194.85

26 feet to the Point of Beginning;
SB2394 Enrolled  - 2838 - LRB104 09208 AMC 19265 b

 1 Thence continuing South 61 degrees 59 minutes 07 seconds East,
 2 along said northerly line, 53.14 feet to a point 10.00 feet
 3 west of the northeast corner of said Lot 1; thence South 04
 4 degrees 00 minutes 07 seconds East, along a line that
 5 commences at the southeast corner of said Lot 1 and ends at a
 6 point 10.00 feet west of the northeast corner of said Lot 1,
 7 said line herein after referred to as Line "A", a distance of
 8 40.63 feet; thence South 85 degrees 59 minutes 53 seconds
 9 West, perpendicular to the last course, 5.00 feet to a point on
10 a line 5.00 feet west of and parallel with Line "A"; thence
11 North 04 degrees 00 minutes 07 seconds West, along said
12 parallel line, 33.40 feet; thence northwesterly 9.30 feet,
13 along the arc of a non-tangent circle to the left, having a
14 radius of 39.00 feet and whose chord bears North 52 degrees 45
15 minutes 22 seconds West, 9.28 feet to a point of tangency;
16 thence North 59 degrees 35 minutes 15 seconds West, 7.04 feet
17 to a point on a line 7.00 feet southerly of the northerly line
18 of said Lot 1; thence North 61 degrees 59 minutes 07 seconds
19 West, along said parallel line, 36.54 feet; thence North 28
20 degrees 00 minutes 53 seconds East, perpendicular to the last
21 course, 7.00 feet to the Point of Beginning, situated in the
22 County of DuPage and the State of Illinois.
23 Said Parcel Containing 565 square feet or 0.013 acres, more or
24 less.
25 Dated: February 6, 2024
SB2394 Enrolled  - 2839 - LRB104 09208 AMC 19265 b

 1 Route: North York Road
 2 Section: 17-00188-00-SW
 3 Job No: C-91-186-20
 4 County: DuPage
 5 Parcel: 0002TE
 6 Owner: NXE Properties, LLC
 7 Pin No.: 03-35-406-048
 8 That part of Lot 1 in County Clerk's Assessment Division of
 9 Lots 1 and 2 of North Elmhurst Third Addition to the Village of
10 Elmhurst, being a subdivision in the East Half of the
11 Southeast Quarter of Section 35, Township 40 North, Range 11
12 East of the Third Principal Meridian, according to the plat
13 thereof recorded April 8, 1927 as document R233179, described
14 as follows:
15 Commencing at the northwest corner of said Lot 1; thence South
16 61 degrees 59 minutes 07 seconds East, (bearings based on
17 Illinois State Plane Coordinates System, NAD83, East Zone),
18 being the northerly line of said Lot 1, a distance of 194.85
19 feet; thence South 28 degrees 00 minutes 53 seconds West,
20 perpendicular to the last course, 7.00 feet to a point on a
21 line 7.00 feet southerly of the northerly line of said Lot 1,
22 said point also being the Point of Beginning;
23 Thence South 61 degrees 59 minutes 07 seconds East, along said
24 parallel line, 36.54 feet; thence South 59 degrees 35 minutes
25 15 seconds East, 7.04 feet to a point of curvature; thence
26 southeasterly 9.30 feet, along the arc of a tangent circle to
    SB2394 Enrolled         - 2840 - LRB104 09208 AMC 19265 b

1 the left, having a radius of 39.00 feet and whose chord bears

2 South 52 degrees 45 minutes 22 seconds East, 9.28 feet to a

3 point on a line 5.00 feet west of and parallel with Line "A";

4 Line "A" is defined as a line that commences at the southeast

5 corner of said Lot 1 and ends at a point 10.00 feet west of the

6 northeast corner of said Lot 1; thence South 04 degrees 00

7 minutes 07 seconds East, along said parallel line, 16.42 feet;

8 thence South 85 degrees 59 minutes 53 seconds West,

9 perpendicular to the last course, 5.00 feet to a point on a

10 line 10.00 feet west of and parallel with Line "A"; thence

11 North 04 degrees 00 minutes 07 seconds West, along said

12 parallel line, 14.43 feet; thence northwesterly 6.25 feet,

13 along the arc of a non-tangent circle to the left, having a

14 radius of 34.00 feet and whose chord bears North 54 degrees 19

15 minutes 23 seconds West, 6.24 feet to a point of tangency;

16 thence North 59 degrees 35 minutes 15 seconds West, 6.94 feet

17 to a point on a line 12.00 feet southerly of the northerly line

18 of said Lot 1; thence North 61 degrees 59 minutes 07 seconds

19 West, along said parallel line, 36.43 feet; thence North 28

20 degrees 00 minutes 53 seconds East, perpendicular to the last

21 course, 5.00 feet to the Point of Beginning, situated in the

22 County of DuPage and the State of Illinois.

23 Said Parcel Containing 333 square feet or 0.008 acres, more or

24 less.

25 Dated: February 6, 2024

26  (b) This Section is repealed July 19, 2027 (3 years after
   SB2394 Enrolled         - 2841 - LRB104 09208 AMC 19265 b

1 the effective date of Public Act 103-698) this amendatory Act
2 of the 103rd General Assembly.
3 (Source: P.A. 103-698, eff. 7-19-24; revised 10-3-24.)

4  (735 ILCS 30/25-5-135)

5  (Section scheduled to be repealed on August 9, 2027)

6  Sec. 25-5-135 25-5-130. Quick-take; City of Marengo;

7 Interstate 90-Illinois Route 23 Corridor.

8  (a) Quick-take proceedings under Article 20 may be used

9 for a period of 2 years after August 9, 2024 (the effective

10 date of Public Act 103-892) this amendatory Act of the 103rd

11 General Assembly by the City of Marengo for the acquisition of

12 the following described property for the purpose of extending

13 water and sanitary sewer services for the Interstate

14 90-Illinois Route 23 Corridor:

15 11-34-200-020, 22116 W Grant Highway

16 PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 34,

17 TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN,

18 MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS

19 FOLLOWS:

20 COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND

21 DESCRIBED IN A DEED RECORDED MARCH 5, 1999 AS DOCUMENT NUMBER

22 1999R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE

23 NORTH 0 DEGREES 20 MINUTES 55 SECONDS EAST (BEARINGS BASED ON

24 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG

25 THE EAST LINE OF SAID DEED, A DISTANCE OF 33.05 FEET TO THE
SB2394 Enrolled  - 2842 - LRB104 09208 AMC 19265 b

 1 POINT OF BEGINNING, SAID POINT BEING A POINT ON THE NORTHERLY
 2 LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND
 3 MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 SECONDS WEST
 4 ALONG SAID NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT
 5 HIGHWAY) AS USED AND MONUMENTED, A DISTANCE OF 134.97 FEET TO
 6 THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF RIVER
 7 RANCH ROAD AS USED AND MONUMENTED; THENCE NORTH 0 DEGREES 20
 8 MINUTES 20 SECONDS EAST ALONG SAID EASTERLY LINE, A DISTANCE
 9 OF 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS
10 EAST, A DISTANCE OF 134.98 FEET TO A POINT ON THE EAST LINE OF
11 SAID DEED; THENCE SOUTH 0 DEGREES 20 MINUTES 55 SECONDS WEST
12 ALONG SAID EAST LINE, A DISTANCE OF 30.05 FEET TO THE POINT OF
13 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 4,049
14 SQUARE FEET OR 0.093 ACRES, MORE OR LESS. BEING PART OF PARCEL
15 11-34-200-020.

16 11-34-426-003, 6105 Meyer Road
17 PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 44
18 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
19 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
20 COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER;
21 THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS
22 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
23 DATUM) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A
24 DISTANCE OF 317.23 FEET TO THE POINT OF BEGINNING; THENCE
25 CONTINUING NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST ALONG
SB2394 Enrolled  - 2843 - LRB104 09208 AMC 19265 b

1 SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0
2 DEGREES 11 MINUTES 55 SECONDS EAST, A DISTANCE OF 2,353.46
3 FEET; THENCE SOUTH 86 DEGREES 30 MINUTES 00 SECONDS EAST, A
4 DISTANCE OF 30.05 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 55
5 SECONDS WEST, A DISTANCE OF 2,351.83 FEET TO THE POINT OF
6 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 70,579
7 SQUARE FEET OR 1.620 ACRES, MORE OR LESS. BEING PART OF PARCEL
8 11-34-426-003.

 9 11-34-426-004, Meyer Road
10 PART OF THE SOUTHEAST QUARTER AND NORTHEAST QUARTER OF SECTION
11 34, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL
12 MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY
13 DESCRIBED AS FOLLOWS:
14 COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;
15 THENCE NORTH 89 DEGREES 38 MINUTES 54 SECONDS WEST (BEARINGS
16 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
17 DATUM) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A
18 DISTANCE OF 321.91 FEET TO THE POINT OF BEGINNING; THENCE
19 SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF
20 280.45 FEET; THENCE NORTH 86 DEGREES 30 MINUTES 00 SECONDS
21 WEST, A DISTANCE OF 30.05 FEET; THENCE NORTH 0 DEGREES 11
22 MINUTES 55 SECONDS EAST, A DISTANCE OF 500.03 FEET; THENCE
23 SOUTH 86 DEGREES 30 MINUTES 01 SECONDS EAST, A DISTANCE OF
24 30.05 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST,
25 A DISTANCE OF 219.58 FEET TO THE POINT OF BEGINNING, IN MCHENRY
SB2394 Enrolled  - 2844 - LRB104 09208 AMC 19265 b

1 COUNTY, ILLINOIS, CONTAINING 15,001 SQUARE FEET OR 0.344
2 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-426-004.

 3 11-34-426-005, 22219 Route 20
 4 PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 34,
 5 TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN,
 6 MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS
 7 FOLLOWS:
 8 COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND
 9 DESCRIBED IN A DEED RECORDED MARCH 5, 1999 AS DOCUMENT NUMBER
10 1999R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
11 SOUTH 0 DEGREES 20 MINUTES 20 SECONDS WEST (BEARINGS BASED ON
12 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
13 THE WEST LINE OF SAID DEED EXTENDED SOUTHERLY, A DISTANCE OF
14 33.05 FEET TO A POINT ON THE SOUTHERLY LINE OF U.S. ROUTE 20
15 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE SOUTH 86
16 DEGREES 29 MINUTES 24 SECONDS EAST ALONG SAID SOUTHERLY LINE
17 OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED, A
18 DISTANCE OF 101.98 FEET TO THE POINT BEGINNING; THENCE
19 CONTINUING SOUTH 86 DEGREES 29 MINUTES 24 SECONDS EAST ALONG
20 SAID SOUTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS
21 USED AND MONUMENTED, A DISTANCE OF 30.05 FEET; THENCE SOUTH 0
22 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 266.66 FEET;
23 THENCE NORTH 86 DEGREE 30 MINUTES 01 SECONDS WEST, A DISTANCE
24 OF 30.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SECONDS
25 EAST, A DISTANCE OF 266.67 FEET TO THE POINT OF BEGINNING, IN
SB2394 Enrolled  - 2845 - LRB104 09208 AMC 19265 b

1 MCHENRY COUNTY, ILLINOIS, CONTAINING 8,000 SQUARE FEET OR
2 0.184 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-426-005.

 3 11-35-100-031, 21804 W Grant Highway
 4 PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
 5 SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD
 6 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
 7 PARTICULARLY DESCRIBED AS FOLLOWS:
 8 COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND
 9 DESCRIBED IN A DEED RECORDED MAY 18, 2018 AS DOCUMENT NUMBER
10 2018R0018036 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
11 NORTH 0 DEGREES 20 MINUTES 12 SECONDS WEST (BEARINGS BASED ON
12 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
13 THE WEST LINE OF SAID DEED, A DISTANCE OF 33.07 FEET TO THE
14 POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 20
15 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF
16 30.07 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS
17 EAST, A DISTANCE OF 220.12 FEET TO A POINT ON THE EAST LINE OF
18 SAID DEED; THENCE SOUTH 0 DEGREES 20 MINUTES 23 SECONDS EAST
19 ALONG SAID EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT ON
20 THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS
21 USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24
22 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 220.12
23 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
24 CONTAINING 6,604 SQUARE FEET OR 0.152 ACRES, MORE OR LESS.
25 BEING PART OF PARCEL 11-35-100-031.
SB2394 Enrolled  - 2846 - LRB104 09208 AMC 19265 b

 1 11-35-100-032, 21714 W Grant Highway
 2 PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
 3 SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD
 4 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
 5 PARTICULARLY DESCRIBED AS FOLLOWS:
 6 BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND
 7 DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT
 8 NUMBER 1993R0080441 IN THE RECORDERS OFFICE OF MCHENRY COUNTY;
 9 THENCE SOUTH 0 DEGREES 14 MINUTES 43 SECONDS EAST (BEARINGS
10 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
11 DATUM) ALONG THE EAST LINE OF SAID DEED, A DISTANCE OF 20.00
12 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 06 SECONDS WEST, A
13 DISTANCE OF 200.18 FEET TO A POINT ON THE WEST LINE OF SAID
14 DEED; THENCE NORTH 0 DEGREES 20 MINUTES 23 SECONDS WEST ALONG
15 SAID WEST LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST
16 CORNER OF SAID DEED; THENCE NORTH 89 DEGREES 12 MINUTES 06
17 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID DEED, A DISTANCE
18 OF 200.22 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY,
19 ILLINOIS, CONTAINING 4,004 SQUARE FEET OR 0.092 ACRES, MORE OR
20 LESS. BEING PART OF PARCEL 11-35-100-032.
21 and
22 PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
23 SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD
24 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
25 PARTICULARLY DESCRIBED AS FOLLOWS:
SB2394 Enrolled  - 2847 - LRB104 09208 AMC 19265 b

 1 COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND
 2 DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT
 3 NUMBER 1993R0080441 IN THE RECORDERS OFFICE OF MCHENRY COUNTY;
 4 THENCE NORTH 0 DEGREES 20 MINUTES 23 SECONDS WEST (BEARINGS
 5 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
 6 DATUM) ALONG THE WEST LINE OF SAID DEED, A DISTANCE OF 33.07
 7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0
 8 DEGREES 20 MINUTES 23 SECONDS WEST ALONG SAID WEST LINE, A
 9 DISTANCE OF 30.07 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24
10 SECONDS EAST, A DISTANCE OF 200.02 FEET TO A POINT ON THE EAST
11 LINE OF SAID DEED; THENCE SOUTH 0 DEGREES 14 MINUTES 43 SECONDS
12 EAST ALONG SAID EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT
13 ON THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS
14 USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24
15 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 199.97
16 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
17 CONTAINING 6,000 SQUARE FEET OR 0.138 ACRES, MORE OR LESS,
18 BEING PART OF PARCEL 11-35-100-032.

19 11-35-100-070, 21970 Grant Highway
20 PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35,
21 TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN,
22 MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS
23 FOLLOWS:
24 COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND
25 DESCRIBED IN A DEED RECORDED JUNE 25, 2021 AS DOCUMENT NUMBER
SB2394 Enrolled  - 2848 - LRB104 09208 AMC 19265 b

 1 2021R0034676 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
 2 NORTH 0 DEGREES 03 MINUTES 53 SECONDS EAST (BEARINGS BASED ON
 3 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 4 THE WEST LINE OF SAID DEED, A DISTANCE OF 33.06 FEET TO THE
 5 POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03
 6 MINUTES 53 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF
 7 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS
 8 EAST, A DISTANCE OF 222.32 FEET TO A POINT ON THE EAST LINE OF
 9 SAID DEED; THENCE SOUTH 0 DEGREES 01 MINUTES 39 SECONDS EAST
10 ALONG SAID EAST LINE, A DISTANCE OF 30.06 FEET TO A POINT ON
11 THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS
12 USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24
13 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 222.37
14 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
15 CONTAINING 6,671 SQUARE FEET OR 0.153 ACRES, MORE OR LESS.
16 BEING PART OF PARCEL 11-35-100-070.

17 16-03-201-001, 6113 Meyer Road
18 PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH,
19 RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY,
20 ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
21 COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
22 THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS
23 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
24 DATUM) ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A
25 DISTANCE OF 302.62 FEET TO THE POINT OF BEGINNING; THENCE
SB2394 Enrolled  - 2849 - LRB104 09208 AMC 19265 b

 1 SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF
 2 1,384.77 FEET; THENCE SOUTH 89 DEGREES 24 MINUTES 13 SECONDS
 3 WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 11
 4 MINUTES 55 SECONDS EAST, A DISTANCE OF 1,199.96 FEET; THENCE
 5 NORTH 25 DEGREES 02 MINUTES 55 SECONDS EAST, A DISTANCE OF
 6 44.80 FEET; THENCE NORTH 0 DEGREES 05 MINUTES 16 SECONDS EAST,
 7 A DISTANCE OF 10.49 FEET; THENCE NORTH 25 DEGREES 44 MINUTES 54
 8 SECONDS WEST, A DISTANCE OF 42.98 FEET; THENCE NORTH 0 DEGREES
 9 11 MINUTES 55 SECONDS EAST, A DISTANCE OF 95.54 FEET TO A POINT
10 ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89
11 DEGREES 36 MINUTES 03 SECONDS EAST ALONG SAID NORTH LINE, A
12 DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY
13 COUNTY, ILLINOIS, CONTAINING 40,607 SQUARE FEET OR 0.932
14 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-03-201-001.

15 16-03-251-002, Meyer Road
16 PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH,
17 RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY,
18 ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
19 COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
20 THENCE SOUTH 89 DEGREES 22 MINUTES 17 SECONDS WEST (BEARINGS
21 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
22 DATUM) ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A
23 DISTANCE OF 315.94 FEET TO THE POINT OF BEGINNING; THENCE
24 CONTINUING SOUTH 89 DEGREES 22 MINUTES 17 SECONDS WEST ALONG
25 SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0
SB2394 Enrolled  - 2850 - LRB104 09208 AMC 19265 b

1 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 1,322.74
2 FEET; THENCE NORTH 89 DEGREES 24 MINUTES 13 SECONDS EAST, A
3 DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 06 MINUTES 42
4 SECONDS WEST, A DISTANCE OF 1,322.72 FEET TO THE POINT OF
5 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 39,681
6 SQUARE FEET OR 0.911 ACRES, MORE OR LESS. BEING PART OF PARCEL
7 16-03-251-002.

 8 16-03-400-004, 6715 Meyer Road
 9 PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH,
10 RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY,
11 ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
12 COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND
13 DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER
14 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
15 SOUTH 89 DEGREES 24 MINUTES 57 SECONDS WEST (BEARINGS BASED ON
16 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
17 THE NORTH LINE OF SAID DEED, A DISTANCE OF 55.20 FEET TO THE
18 POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 08 MINUTES 57
19 SECONDS WEST, A DISTANCE OF 900.35 FEET TO A POINT ON THE SOUTH
20 LINE OF SAID DEED; THENCE SOUTH 89 DEGREES 26 MINUTES 15
21 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET;
22 THENCE NORTH 0 DEGREES 08 MINUTES 57 SECONDS EAST, A DISTANCE
23 OF 900.34 FEET TO A POINT ON THE NORTH LINE OF SAID DEED;
24 THENCE NORTH 89 DEGREES 24 MINUTES 57 SECONDS EAST ALONG SAID
25 NORTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING,
SB2394 Enrolled  - 2851 - LRB104 09208 AMC 19265 b

1 IN MCHENRY COUNTY, ILLINOIS, CONTAINING 27,010 SQUARE FEET OR
2 0.620 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-03-400-004.

 3 16-03-400-007, Meyer Road
 4 PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH,
 5 RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY,
 6 ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 7 COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND
 8 DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER
 9 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
10 SOUTH 89 DEGREES 24 MINUTES 57 SECONDS WEST (BEARINGS BASED ON
11 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
12 THE NORTH LINE OF SAID DEED, A DISTANCE OF 55.20 FEET TO THE
13 POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 24
14 MINUTES 57 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF
15 30.00 FEET; THENCE NORTH 0 DEGREES 08 MINUTES 57 SECONDS EAST,
16 A DISTANCE OF 97.52 FEET; THENCE NORTH 58 DEGREES 47 MINUTES 16
17 SECONDS WEST, A DISTANCE OF 305.97 FEET; THENCE NORTH 0
18 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 16.55 FEET TO
19 A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE
20 NORTH 89 DEGREES 22 MINUTES 17 SECONDS EAST ALONG SAID NORTH
21 LINE, A DISTANCE OF 30.00 FEET; THENCE SOUTH 58 DEGREES 47
22 MINUTES 16 SECONDS EAST, A DISTANCE OF 305.99 FEET; THENCE
23 SOUTH 0 DEGREES 08 MINUTES 57 SECONDS WEST, A DISTANCE OF
24 114.08 FEET TO THE POINT OF BEGINNING.
25 ALSO:
SB2394 Enrolled  - 2852 - LRB104 09208 AMC 19265 b

 1 PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH,
 2 RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY,
 3 ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 4 COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND
 5 DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER
 6 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
 7 SOUTH 89 DEGREES 26 MINUTES 15 SECONDS WEST (BEARINGS BASED ON
 8 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 9 THE SOUTH LINE OF SAID DEED, A DISTANCE OF 59.77 FEET TO THE
10 POINT OF BEGINNING, SAID POINT BEING A POINT ON THE WESTERLY
11 RIGHT-OF-WAY LINE OF MEYER ROAD AS USED AND MONUMENTED; THENCE
12 SOUTH 0 DEGREES 15 MINUTES 11 SECONDS WEST ALONG SAID WESTERLY
13 LINE, A DISTANCE OF 1035.86 FEET; THENCE SOUTH 0 DEGREES 18
14 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE
15 OF 325.21 FEET; THENCE SOUTH 2 DEGREES 21 MINUTES 21 SECONDS
16 WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 168.26 FEET TO A
17 POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE
18 NORTH 89 DEGREES 26 MINUTES 20 SECONDS WEST ALONG SAID SOUTH
19 LINE, A DISTANCE OF 30.64 FEET; THENCE NORTH 12 DEGREES 15
20 MINUTES 57 SECONDS EAST, A DISTANCE OF 3.61 FEET; THENCE NORTH
21 2 DEGREES 21 MINUTES 21 SECONDS EAST, A DISTANCE OF 164.97
22 FEET; THENCE NORTH 0 DEGREES 18 MINUTES 22 SECONDS WEST, A
23 DISTANCE OF 324.51 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 11
24 SECONDS EAST, A DISTANCE OF 1035.73 FEET TO A POINT ON THE
25 SOUTH LINE OF SAID DEED; THENCE NORTH 89 DEGREES 26 MINUTES 15
26 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO
SB2394 Enrolled  - 2853 - LRB104 09208 AMC 19265 b

1 THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
2 CONTAINING 58,473 SQUARE FEET OR 1.342 ACRES, MORE OR LESS.
3 BEING PART OF PARCEL 16-03-400-007.

 4 16-10-200-002, Meyer Road/Pleasant Grove Road
 5 PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 43
 6 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 7 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 8 COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
 9 THENCE NORTH 89 DEGREES 26 MINUTES 20 SECONDS WEST (BEARINGS
10 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
11 DATUM) ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A
12 DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING, SAID POINT
13 BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF MEYER ROAD
14 AS USED AND MONUMENTED; THENCE SOUTH 12 DEGREES 15 MINUTES 57
15 SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 355.46
16 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
17 PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE NORTH 40
18 DEGREES 45 MINUTES 09 SECONDS WEST ALONG SAID NORTHEASTERLY
19 LINE, A DISTANCE OF 37.56 FEET; THENCE NORTH 12 DEGREES 15
20 MINUTES 57 SECONDS EAST, A DISTANCE OF 326.65 FEET TO A POINT
21 ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89
22 DEGREES 26 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE, A
23 DISTANCE OF 30.64 FEET TO THE POINT OF BEGINNING, IN MCHENRY
24 COUNTY, ILLINOIS, CONTAINING 10,232 SQUARE FEET OR 0.235
25 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-10-200-002.
SB2394 Enrolled  - 2854 - LRB104 09208 AMC 19265 b

 1 16-11-100-024, Grant Highway
 2 PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
 3 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 4 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 5 COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER;
 6 THENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS
 7 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
 8 DATUM) ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A
 9 DISTANCE OF 564.87 FEET; THENCE SOUTH 40 DEGREES 45 MINUTES 09
10 SECONDS EAST, A DISTANCE OF 556.01 FEET; THENCE SOUTH 45
11 DEGREES 43 MINUTES 31 SECONDS WEST, A DISTANCE OF 25.64 FEET TO
12 THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE
13 SOUTHWESTERLY RIGHT-OF-WAY LINE OF PLEASANT GROVE ROAD AS USED
14 AND MONUMENTED; THENCE SOUTH 41 DEGREES 29 MINUTES 10 SECONDS
15 EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 41.98 FEET;
16 THENCE SOUTH 41 DEGREES 04 MINUTES 55 SECONDS EAST ALONG SAID
17 RIGHT-OF-WAY LINE, A DISTANCE OF 446.59 FEET; THENCE SOUTH 43
18 DEGREES 09 MINUTES 36 SECONDS WEST, A DISTANCE OF 30.15 FEET;
19 THENCE NORTH 41 DEGREES 04 MINUTES 55 SECONDS WEST, A DISTANCE
20 OF 449.51 FEET; THENCE NORTH 41 DEGREES 29 MINUTES 10 SECONDS
21 WEST, A DISTANCE OF 40.41 FEET; THENCE NORTH 45 DEGREES 43
22 MINUTES 31 SECONDS EAST, A DISTANCE OF 30.04 FEET TO THE POINT
23 OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 14,677
24 SQUARE FEET OR 0.337 ACRES, MORE OR LESS. BEING PART OF PARCEL
25 16-11-100-024.
SB2394 Enrolled  - 2855 - LRB104 09208 AMC 19265 b

 1 16-11-100-026, Grant Highway
 2 PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
 3 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 4 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 5 COMMENCING AT THE NORTHERLY CORNER OF A PARCEL OF LAND
 6 DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2018R0043328
 7 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 43
 8 DEGREES 04 MINUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS
 9 STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE
10 NORTHWESTERLY LINE OF SAID DEED, A DISTANCE OF 26.98 FEET TO
11 THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 43 DEGREES 04
12 MINUTES 53 SECONDS WEST ALONG SAID NORTHWESTERLY LINE, A
13 DISTANCE OF 30.00 FEET; THENCE NORTH 46 DEGREES 35 MINUTES 57
14 SECONDS WEST, A DISTANCE OF 315.94 FEET; THENCE NORTH 39
15 DEGREES 24 MINUTES 38 SECONDS WEST, A DISTANCE OF 330.00 FEET;
16 THENCE NORTH 41 DEGREES 04 MINUTES 55 SECONDS WEST, A DISTANCE
17 OF 14.95 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 36 SECONDS
18 EAST, A DISTANCE OF 30.15 FEET TO A POINT ON THE SOUTHWESTERLY
19 LINE OF PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE
20 SOUTH 41 DEGREES 04 MINUTES 55 SECONDS EAST ALONG SAID
21 WESTERLY LINE, A DISTANCE OF 18.41 FEET; THENCE SOUTH 39
22 DEGREES 24 MINUTES 38 SECONDS EAST ALONG SAID WESTERLY LINE, A
23 DISTANCE OF 328.55 FEET; THENCE SOUTH 46 DEGREES 35 MINUTES 56
24 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE 313.89 FEET
25 TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
SB2394 Enrolled  - 2856 - LRB104 09208 AMC 19265 b

1 CONTAINING 19,826 SQUARE FEET OR 0.455 ACRES, MORE OR LESS.
2 BEING PART OF PARCEL 16-11-100-026.

 3 16-11-100-027, Grant Highway
 4 PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
 5 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 6 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 7 COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER;
 8 THENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS
 9 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
10 DATUM) ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A
11 DISTANCE OF 614.24 FEET TO THE POINT OF BEGINNING, SAID POINT
12 BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
13 PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE SOUTH 41
14 DEGREES 29 MINUTES 10 SECONDS EAST ALONG SAID RIGHT-OF-WAY
15 LINE, A DISTANCE OF 520.24 FEET; THENCE SOUTH 45 DEGREES 43
16 MINUTES 31 SECONDS WEST, A DISTANCE OF 30.04 FEET; THENCE
17 NORTH 41 DEGREES 29 MINUTES 10 SECONDS WEST, A DISTANCE OF
18 487.82 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST
19 QUARTER; THENCE NORTH 0 DEGREES 02 MINUTES 05 SECONDS EAST
20 ALONG SAID WEST LINE, A DISTANCE OF 45.26 FEET TO THE POINT OF
21 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 15,121
22 SQUARE FEET OR 0.347 ACRES, MORE OR LESS. BEING PART OF PARCEL
23 16-11-100-027.

24 16-11-100-034, 21813 Pleasant Grove Road
SB2394 Enrolled  - 2857 - LRB104 09208 AMC 19265 b

 1 PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
 2 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 3 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 4 COMMENCING AT THE NORTHERLY CORNER OF A PARCEL OF LAND
 5 DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2018R0043328
 6 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 43
 7 DEGREES 04 MINUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS
 8 STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE
 9 NORTHWESTERLY LINE OF SAID DEED, A DISTANCE OF 26.98 FEET TO
10 THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 35 MINUTES 57
11 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF PLEASANT GROVE
12 ROAD AS USED AND MONUMENTED, A DISTANCE OF 174.82 FEET TO A
13 POINT ON THE SOUTHEASTERLY LINE OF SAID DEED; THENCE SOUTH 60
14 DEGREES 37 MINUTES 24 SECONDS WEST ALONG SAID SOUTHEASTERLY
15 LINE, A DISTANCE OF 31.41 FEET; THENCE NORTH 46 DEGREES 35
16 MINUTES 57 SECONDS WEST, A DISTANCE OF 165.36 FEET TO A POINT
17 ON SAID NORTHWESTERLY LINE; THENCE NORTH 43 DEGREES 04 MINUTES
18 53 SECONDS EAST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF
19 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY,
20 ILLINOIS, CONTAINING 5,103 SQUARE FEET OR 0.117 ACRES, MORE OR
21 LESS. BEING PART OF PARCEL 16-11-100-034.

22 16-11-300-011, 7515 S IL Route 23
23 PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
24 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
25 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SB2394 Enrolled  - 2858 - LRB104 09208 AMC 19265 b

 1 COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND
 2 DESCRIBED IN A DEED RECORDED MARCH 18, 2021 AS DOCUMENT NUMBER
 3 2021R0014864 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
 4 SOUTH 89 DEGREES 59 MINUTES 16 SECONDS WEST (BEARINGS BASED ON
 5 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 6 THE NORTH LINE OF SAID DEED, A DISTANCE OF 30.00 FEET TO THE
 7 POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 59
 8 MINUTES 16 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF
 9 30.00 FEET; THENCE NORTH 0 DEGREES 10 MINUTES 11 SECONDS WEST,
10 A DISTANCE OF 315.35 FEET TO A POINT ON THE SOUTH LINE OF A
11 DEED RECORDED AS DOCUMENT NUMBER 2021R0058501 IN THE RECORDERS
12 OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 DEGREES 45 MINUTES
13 25 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 30.05
14 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES 41 SECONDS EAST ALONG
15 THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND
16 MONUMENTED, A DISTANCE OF 315.21 FEET TO THE POINT OF
17 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 9,466
18 SQUARE FEET OR 0.217 ACRES, MORE OR LESS. BEING PART OF PARCEL
19 16-11-300-011.

20 16-11-300-018, 7905 S IL Route 23
21 PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 43
22 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
23 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
24 BEGINNING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND
25 DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2021R0058501
SB2394 Enrolled  - 2859 - LRB104 09208 AMC 19265 b

 1 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE NORTH 89
 2 DEGREES 45 MINUTES 25 SECONDS WEST (BEARINGS BASED ON ILLINOIS
 3 STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE SOUTH
 4 LINE OF SAID DEED, A DISTANCE OF 33.05 FEET; THENCE NORTH 2
 5 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF 131.76 FEET;
 6 THENCE NORTH 0 DEGREES 02 MINUTES 27 SECONDS WEST, A DISTANCE
 7 OF 35.98 FEET TO A POINT ON THE NORTH LINE OF SAID DEED; THENCE
 8 SOUTH 89 DEGREES 30 MINUTES 22 SECONDS EAST ALONG SAID NORTH
 9 LINE, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 02
10 MINUTES 27 SECONDS EAST ALONG THE WESTERLY LINE OF ILLINOIS
11 STATE ROUTE 23 PER COURT CASE NO. 92-ED-79, A DISTANCE OF 34.93
12 FEET; THENCE SOUTH 2 DEGREES 57 MINUTES 51 SECONDS EAST ALONG
13 SAID WESTERLY LINE, A DISTANCE OF 132.68 FEET TO THE POINT OF
14 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 5,030
15 SQUARE FEET OR 0.115 ACRES, MORE OR LESS. BEING PART OF PARCEL
16 16-11-300-018.

17 16-11-300-019, Grant Highway
18 PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF
19 SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD
20 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
21 PARTICULARLY DESCRIBED AS FOLLOWS:
22 COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL OF LAND
23 DESCRIBED IN A DEED RECORDED MARCH 27, 2017 AS DOCUMENT NUMBER
24 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
25 SOUTH 83 DEGREES 22 MINUTES 50 SECONDS WEST (BEARINGS BASED ON
SB2394 Enrolled  - 2860 - LRB104 09208 AMC 19265 b

 1 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 2 THE SOUTHERLY LINE OF SAID DEED, A DISTANCE OF 35.09 FEET TO
 3 THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 31 MINUTES 14
 4 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF PLEASANT GROVE
 5 ROAD AS USED AND MONUMENTED, A DISTANCE OF 146.50 FEET TO A
 6 POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID
 7 SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE
 8 NORTHEAST, HAVING A RADIUS OF 2080.04 FEET AND A LENGTH OF 6.65
 9 FEET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HAVING A
10 LENGTH OF 6.65 FEET AND A BEARING OF SOUTH 46 DEGREES 04
11 MINUTES 24 SECONDS EAST; THENCE SOUTH 44 DEGREES 31 MINUTES 12
12 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTHWESTERLY
13 ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
14 2110.04 FEET AND A LENGTH OF 28.11 FEET TO A POINT OF TANGENCY,
15 THE CHORD OF SAID ARC HAVING A LENGTH OF 28.11 FEET AND A
16 BEARING OF NORTH 45 DEGREES 46 MINUTES 25 SECONDS WEST; THENCE
17 NORTH 45 DEGREES 43 MINUTES 57 SECONDS WEST, A DISTANCE OF
18 149.74 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEED;
19 THENCE NORTH 83 DEGREES 22 MINUTES 50 SECONDS EAST ALONG SAID
20 SOUTHERLY LINE, A DISTANCE 39.36 FEET TO THE POINT OF
21 BEGINNING.
22 ALSO:
23 COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL OF LAND
24 DESCRIBED IN A DEED RECORDED MARCH 27, 2017 AS DOCUMENT NUMBER
25 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
26 SOUTH 83 DEGREES 22 MINUTES 50 SECONDS WEST (BEARINGS BASED ON
SB2394 Enrolled  - 2861 - LRB104 09208 AMC 19265 b

 1 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 2 THE SOUTHERLY LINE OF SAID DEED, A DISTANCE OF 35.09 FEET;
 3 THENCE SOUTH 45 DEGREES 31 MINUTES 14 SECONDS EAST ALONG THE
 4 SOUTHWESTERLY LINE OF PLEASANT GROVE ROAD AS USED AND
 5 MONUMENTED, A DISTANCE OF 146.50 FEET TO A POINT OF CURVATURE;
 6 THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE
 7 BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
 8 2080.04 FEET AND A LENGTH OF 34.63 FEET TO A POINT THE POINT OF
 9 BEGINNING, THE CHORD OF SAID ARC HAVING A LENGTH OF 34.62 FEET
10 AND A BEARING OF SOUTH 46 DEGREES 27 MINUTES 31 SECONDS EAST;
11 THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE
12 BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
13 2080.04 FEET AND A LENGTH OF 357.75 FEET TO A POINT OF
14 NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 357.31
15 FEET AND A BEARING OF SOUTH 51 DEGREES 51 MINUTES 46 SECONDS
16 EAST; THENCE SOUTH 0 DEGREES 25 MINUTES 58 SECONDS EAST, A
17 DISTANCE OF 35.92 FEET; THENCE NORTHWESTERLY ALONG A CURVE
18 CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2110.04 FEET AND A
19 LENGTH OF 383.41 FEET TO A POINT OF NONTANGENCY, THE CHORD OF
20 SAID ARC HAVING A LENGTH OF 382.89 FEET AND A BEARING OF NORTH
21 52 DEGREES 07 MINUTES 29 SECONDS WEST; THENCE NORTH 44 DEGREES
22 13 MINUTES 03 SECONDS EAST, A DISTANCE OF 30.01 FEET TO THE
23 POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING
24 16,128 SQUARE FEET OR 0.370 ACRES, MORE OR LESS. BEING PART OF
25 PARCEL 16-11-300-019.
SB2394 Enrolled  - 2862 - LRB104 09208 AMC 19265 b

 1 16-11-300-020, Grant Highway
 2 PART OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST
 3 QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE
 4 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
 5 PARTICULARLY DESCRIBED AS FOLLOWS:
 6 COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND
 7 DESCRIBED IN A DEED RECORDED OCTOBER 13, 1987 AS DOCUMENT
 8 NUMBER 87R005793 IN THE RECORDERS OFFICE OF MCHENRY COUNTY;
 9 THENCE SOUTH 89 DEGREES 59 MINUTES 15 SECONDS WEST (BEARINGS
10 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
11 DATUM) ALONG THE NORTH LINE OF SAID DEED, A DISTANCE OF 37.10
12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89
13 DEGREES 59 MINUTES 15 SECONDS WEST ALONG SAID NORTH LINE, A
14 DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 06
15 SECONDS EAST, A DISTANCE OF 197.90 FEET; THENCE NORTH 0
16 DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 288.75 FEET
17 TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE
18 CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.46 FEET AND A
19 LENGTH OF 409.62 FEET TO A POINT OF NONTANGENCY, THE CHORD OF
20 SAID ARC HAVING A LENGTH OF 407.32 FEET AND A BEARING OF NORTH
21 10 DEGREES 32 MINUTES 58 SECONDS EAST; THENCE NORTH 5 DEGREES
22 32 MINUTES 39 SECONDS WEST, A DISTANCE OF 5.66 FEET; THENCE
23 NORTH 60 DEGREES 06 MINUTES 59 SECONDS WEST, A DISTANCE OF
24 57.88 FEET; THENCE NORTH 60 DEGREES 31 MINUTES 31 SECONDS
25 WEST, A DISTANCE OF 93.02 FEET; THENCE NORTH 61 DEGREES 37
26 MINUTES 43 SECONDS WEST, A DISTANCE OF 117.56 FEET; THENCE
SB2394 Enrolled  - 2863 - LRB104 09208 AMC 19265 b

 1 NORTH 60 DEGREES 38 MINUTES 16 SECONDS WEST, A DISTANCE OF
 2 181.47 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY
 3 ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
 4 2110.04 FEET AND A LENGTH OF 101.69 FEET TO A POINT OF
 5 NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 101.68
 6 FEET AND A BEARING OF NORTH 58 DEGREES 42 MINUTES 39 SECONDS
 7 WEST; THENCE NORTH 0 DEGREES 25 MINUTES 58 SECONDS WEST, A
 8 DISTANCE OF 35.92 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF
 9 PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE
10 SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE BEING A
11 CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2080.04
12 FEET AND A LENGTH OF 121.43 FEET TO A POINT OF TANGENCY, THE
13 CHORD OF SAID ARC HAVING A LENGTH OF 121.42 FEET AND A BEARING
14 OF SOUTH 58 DEGREES 27 MINUTES 44 SECONDS EAST; THENCE SOUTH 60
15 DEGREES 38 MINUTES 16 SECONDS EAST ALONG SAID SOUTHWESTERLY
16 LINE, A DISTANCE OF 179.36 FEET; THENCE SOUTH 61 DEGREES 37
17 MINUTES 43 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, A
18 DISTANCE OF 117.59 FEET; THENCE SOUTH 60 DEGREES 31 MINUTES 31
19 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF
20 93.42 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 59 SECONDS EAST
21 ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 73.46 FEET TO A
22 POINT ON THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 PER THE
23 PLAT OF HIGHWAYS RECORDED APRIL 8TH 1993 AS DOCUMENT NUMBER
24 93R018532 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
25 SOUTH 5 DEGREES 32 MINUTES 39 SECONDS EAST ALONG SAID WESTERLY
26 LINE, A DISTANCE OF 28.23 FEET; THENCE SOUTHWESTERLY ALONG
SB2394 Enrolled  - 2864 - LRB104 09208 AMC 19265 b

 1 SAID WESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE
 2 SOUTHEAST, HAVING A RADIUS OF 1085.46 FEET AND A LENGTH OF
 3 405.65 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC
 4 HAVING A LENGTH OF 403.30 FEET AND A BEARING OF SOUTH 10
 5 DEGREES 44 MINUTES 08 SECONDS WEST; THENCE SOUTH 0 DEGREES 58
 6 MINUTES 57 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE
 7 OF 289.29 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 06 SECONDS
 8 WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 197.87 FEET TO THE
 9 POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING
10 44,404 SQUARE FEET OR 1.019 ACRES, MORE OR LESS. BEING PART OF
11 PARCEL 16-11-300-020.

12 16-14-300-004, 8605 S IL Route 23
13 PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 43
14 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
15 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
16 COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
17 THENCE SOUTH 89 DEGREES 31 MINUTES 44 SECONDS WEST (BEARINGS
18 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
19 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A
20 DISTANCE OF 39.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
21 0 DEGREES 02 MINUTES 56 SECONDS EAST ALONG THE WESTERLY LINE OF
22 ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF
23 170.00 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 44 SECONDS
24 WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 02
25 MINUTES 56 SECONDS WEST, A DISTANCE OF 170.00 FEET TO A POINT
SB2394 Enrolled  - 2865 - LRB104 09208 AMC 19265 b

1 ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89
2 DEGREES 31 MINUTES 44 SECONDS EAST ALONG SAID NORTH LINE, A
3 DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY
4 COUNTY, ILLINOIS, CONTAINING 5,100 SQUARE FEET OR 0.117 ACRES,
5 MORE OR LESS. BEING PART OF PARCEL 16-14-300-004.

 6 16-23-100-011, 9809 S IL Route 23
 7 PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
 8 SECTION 23, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD
 9 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
10 PARTICULARLY DESCRIBED AS FOLLOWS:
11 COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;
12 THENCE NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS
13 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
14 DATUM) ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
15 DISTANCE OF 27.11 FEET TO THE POINT OF BEGINNING; THENCE
16 CONTINUING NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST ALONG
17 SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0
18 DEGREES 05 MINUTES 58 SECONDS WEST, A DISTANCE OF 50.32 FEET TO
19 A POINT ON THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND
20 MONUMENTED; THENCE SOUTH 76 DEGREES 45 MINUTES 52 SECONDS EAST
21 ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.83 FEET TO A POINT
22 ON THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND
23 MONUMENTED; THENCE SOUTH 0 DEGREES 05 MINUTES 58 SECONDS EAST
24 ALONG SAID WESTERLY LINE, A DISTANCE OF 43.28 FEET TO THE POINT
25 OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 1,404
SB2394 Enrolled  - 2866 - LRB104 09208 AMC 19265 b

1 SQUARE FEET OR 0.032 ACRES, MORE OR LESS. BEING PART OF PARCEL
2 16-23-100-011.

 3 16-23-300-004, 9809 S IL Route 23
 4 PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 43
 5 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY
 6 COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 7 COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
 8 THENCE NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS
 9 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
10 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A
11 DISTANCE OF 27.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
12 0 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE WESTERLY LINE OF
13 ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF
14 1629.12 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND
15 DESCRIBED IN A DEED RECORDED MARCH 06, 2019 AS DOCUMENT NUMBER
16 2019R0005925 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE
17 SOUTH 89 DEGREES 53 MINUTES 53 SECONDS WEST ALONG SAID
18 NORTHERLY LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0
19 DEGREES 05 MINUTES 58 SECONDS WEST, A DISTANCE OF 1629.19 FEET
20 TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE
21 SOUTH 89 DEGREES 57 MINUTES 46 SECONDS EAST ALONG SAID NORTH
22 LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN
23 MCHENRY COUNTY, ILLINOIS, CONTAINING 48,875 SQUARE FEET OR
24 1.122 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-23-300-004.
SB2394 Enrolled  - 2867 - LRB104 09208 AMC 19265 b

 1 16-24-300-003, 20805 Anthony Road
 2 PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 24,
 3 TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN,
 4 MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS
 5 FOLLOWS:
 6 COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE
 7 SOUTH 0 DEGREES 05 MINUTES 32 SECONDS WEST (BEARINGS BASED ON
 8 ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG
 9 THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 28.82 FEET TO
10 THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 05
11 MINUTES 32 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF
12 10.00 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 00 SECONDS
13 WEST, A DISTANCE OF 164.32 FEET; THENCE NORTH 0 DEGREES 08
14 MINUTES 58 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE
15 NORTH 89 DEGREES 31 MINUTES 00 SECONDS EAST ALONG THE
16 SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A
17 DISTANCE OF 164.36 FEET TO THE POINT OF BEGINNING, IN MCHENRY
18 COUNTY, ILLINOIS, CONTAINING 1643 SQUARE FEET OR 0.038 ACRES,
19 MORE OR LESS. BEING PART OF PARCEL 16-24-300-003.

20 16-24-300-008, Anthony Road
21 PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
22 SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD
23 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
24 PARTICULARLY DESCRIBED AS FOLLOWS:
25 COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
SB2394 Enrolled  - 2868 - LRB104 09208 AMC 19265 b

 1 THENCE NORTH 89 DEGREES 32 MINUTES 44 SECONDS EAST (BEARINGS
 2 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
 3 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A
 4 DISTANCE OF 199.94 FEET; THENCE SOUTH 0 DEGREES 23 MINUTES 00
 5 SECONDS EAST, A DISTANCE OF 27.97 FEET TO THE POINT OF
 6 BEGINNING; THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS EAST
 7 ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND
 8 MONUMENTED, A DISTANCE OF 965.54 FEET; THENCE SOUTH 0 DEGREES
 9 08 MINUTES 58 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE
10 SOUTH 89 DEGREES 36 MINUTES 03 SECONDS WEST, A DISTANCE OF
11 965.50 FEET; THENCE NORTH 0 DEGREES 23 MINUTES 00 SECONDS
12 WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, IN
13 MCHENRY COUNTY, ILLINOIS, CONTAINING 9655 SQUARE FEET OR 0.222
14 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-24-300-008.

15 16-24-300-013, Anthony Road
16 PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
17 SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD
18 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
19 PARTICULARLY DESCRIBED AS FOLLOWS:
20 COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
21 THENCE SOUTH 89 DEGREES 32 MINUTES 44 SECONDS WEST (BEARINGS
22 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
23 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A
24 DISTANCE OF 665.01 FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 25
25 SECONDS WEST, A DISTANCE OF 28.29 FEET TO THE POINT OF
SB2394 Enrolled  - 2869 - LRB104 09208 AMC 19265 b

 1 BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 01 MINUTES 25
 2 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89
 3 DEGREES 23 MINUTES 57 SECONDS WEST, A DISTANCE OF 157.79 FEET;
 4 THENCE SOUTH 89 DEGREES 43 MINUTES 33 SECONDS WEST, A DISTANCE
 5 OF 153.50 FEET; THENCE SOUTH 89 DEGREES 26 MINUTES 49 SECONDS
 6 WEST, A DISTANCE OF 353.78 FEET; THENCE NORTH 0 DEGREES 05
 7 MINUTES 32 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE
 8 NORTH 89 DEGREES 26 MINUTES 49 SECONDS EAST ALONG THE
 9 SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A
10 DISTANCE OF 353.69 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 33
11 SECONDS EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED
12 AND MONUMENTED, A DISTANCE OF 153.49 FEET; THENCE NORTH 89
13 DEGREES 23 MINUTES 57 SECONDS EAST ALONG THE SOUTHERLY LINE OF
14 ANTHONY ROAD AS USED AND MONUMENTED, A DISTANCE OF 157.87 FEET
15 TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS,
16 CONTAINING 6651 SQUARE FEET OR 0.153 ACRES, MORE OR LESS.
17 BEING PART OF PARCEL 16-24-300-013.

18 16-24-300-019, Anthony Road
19 PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
20 SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD
21 PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE
22 PARTICULARLY DESCRIBED AS FOLLOWS:
23 COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
24 THENCE SOUTH 89 DEGREES 32 MINUTES 44 SECONDS WEST (BEARINGS
25 BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983
    SB2394 Enrolled      - 2870 - LRB104 09208 AMC 19265 b

1 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A

2 DISTANCE OF 575.06 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 40

3 SECONDS EAST, A DISTANCE OF 28.06 FEET TO THE POINT OF

4 BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 02 MINUTES 40

5 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89

6 DEGREES 23 MINUTES 57 SECONDS WEST, A DISTANCE OF 90.00 FEET;

7 THENCE NORTH 0 DEGREES 01 MINUTES 25 SECONDS EAST, A DISTANCE

8 OF 10.00 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 57 SECONDS

9 EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND

10 MONUMENTED, A DISTANCE OF 89.98 FEET TO THE POINT OF

11 BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 900 SQUARE

12 FEET OR 0.021 ACRES, MORE OR LESS. BEING PART OF PARCEL

13 16-24-300-019.

14  (b) This Section is repealed August 9, 2027 (3 years after

15 the effective date of Public Act 103-892) this amendatory Act

16 of the 103rd General Assembly.

17 (Source: P.A. 103-892, eff. 8-9-24; revised 10-3-24.)

18  Section 1120. The Lawful Health Care Activity Act is

19 amended by changing Sections 28-10 and 28-11 as follows:

20  (735 ILCS 40/28-10)

21  Sec. 28-10. Definitions. As used in this Act:

22  "Lawful health care" means:

23  (1) reproductive health care that is not unlawful

24  under the laws of this State, including on any theory of
    SB2394 Enrolled           - 2871 - LRB104 09208 AMC 19265 b

1   vicarious, joint, several, or conspiracy liability; or

2   (2) the treatment of gender dysphoria or the

3   affirmation of an individual's gender identity or gender

4   expression, including, but not limited to, all supplies,

5   care, and services of a medical, behavioral health, mental

6   health, surgical, psychiatric, therapeutic, diagnostic,

7   preventative, rehabilitative, or supportive nature that is

8   not unlawful under the laws of this State, including on

9   any theory of vicarious, joint, several, or conspiracy

10  liability.

11  "Lawful health care activity" means seeking, providing,

12 receiving, assisting in seeking, providing, or receiving,

13 providing material support for, or traveling to obtain lawful

14 health care.

15  "Health records related to lawful health care" means

16 records that identify a person who has sought or received

17 lawful health care healthcare, including, but not limited to,

18 information regarding an individual's medical history, mental

19 or physical condition, or medical treatment or diagnosis by a

20 health care healthcare professional, and insurance and billing

21 records for medical care.

22  "Location information related to lawful health care" means

23 precise location information that could be reasonably used to

24 identify a person's attempt to acquire or receive lawful

25 health care, including, but not limited to, records of the

26 location of a person's license plate, records of the location
    SB2394 Enrolled         - 2872 - LRB104 09208 AMC 19265 b

1 of a cell phone or other device that tracks location, or

2 records of observations of a person's location when the

3 location is near a provider of lawful health care.

4   "Reproductive health care" shall have the same meaning as

5 Section 1-10 of the Reproductive Health Act.

6   "State" has the meaning given in Section 1-10 of the

7 Reproductive Health Act.

8 (Source: P.A. 102-1117, eff. 1-13-23; 103-786, eff. 8-7-24;

9 revised 10-21-24.)

10  (735 ILCS 40/28-11)

11  Sec. 28-11. Prohibited State actions.

12  (a) Unless otherwise necessary to comply with Illinois or

13 federal law, the State shall not provide any information or

14 expend or use any time, money, facilities, property,

15 equipment, personnel, or other resources to assist any

16 individual, or out-of-state officer, official, agency, entity,

17 or department seeking to impose civil or criminal liability

18 upon a person or entity for lawful health care healthcare

19 activity.

20  (b) Location information related to lawful health care and

21 health records related to lawful health care are confidential

22 and exempt from disclosure under the Freedom of Information

23 Act.

24  (c) This Section does not apply if an individual or

25 out-of-state officer, official, agency, entity, or department
   SB2394 Enrolled  - 2873 - LRB104 09208 AMC 19265 b

1 is investigating conduct that would be subject to civil or
2 criminal liability under the laws of Illinois.
3 (Source: P.A. 103-786, eff. 8-7-24; revised 10-21-24.)

4  Section 1125. The Illinois Antitrust Act is amended by

5 changing Section 7.2 as follows:

6  (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)

7  Sec. 7.2. (1) Whenever it appears to the Attorney General

8 that any person has engaged in, is engaging in, or is about to

9 engage in any act or practice prohibited by this Act, or that

10 any person has assisted or participated in any agreement or

11 combination of the nature described herein, he may, in his

12 discretion, conduct an investigation as he deems necessary in

13 connection with the matter and has the authority prior to the

14 commencement of any civil or criminal action as provided for

15 in the Act to subpoena witnesses, and pursuant to a subpoena

16 (i) compel their attendance for the purpose of examining them

17 under oath, (ii) require the production of any books,

18 documents, records, writings, or tangible things hereafter

19 referred to as "documentary material" which the Attorney

20 General deems relevant or material to his investigation, for

21 inspection, reproducing, or copying under such terms and

22 conditions as hereafter set forth, (iii) require written

23 answers under oath to written interrogatories, or (iv) require

24 compliance with a combination of the foregoing. Any subpoena
    SB2394 Enrolled  - 2874 - LRB104 09208 AMC 19265 b

1 issued by the Attorney General shall contain the following

2 information:

3   (a) The statute and section thereof, the alleged

4   violation of which is under investigation and the general

5   subject matter of the investigation.

6   (b) The date and place at which time the person is

7   required to appear or produce documentary material in his

8   possession, custody, or control or submit answers to

9   interrogatories in the office of the Attorney General

10  located in Springfield or Chicago. Said date shall not be

11  less than 10 days from date of service of the subpoena.

12  (c) Where documentary material is required to be

13  produced, the same shall be described by class so as to

14  clearly indicate the material demanded.

15  The Attorney General is hereby authorized, and may so

16 elect, to require the production, pursuant to this Section

17 section, of documentary material or interrogatory answers

18 prior to the taking of any testimony of the person subpoenaed.

19 Said documentary material shall be made available for

20 inspection and copying during normal business hours at the

21 principal place of business of the person served, or at such

22 other time and place, as may be agreed upon by the person

23 served and the Attorney General. When documentary material is

24 demanded by subpoena, said subpoena shall not:

25  (i) contain any requirement which would be

26  unreasonable or improper if contained in a subpoena duces
    SB2394 Enrolled  - 2875 - LRB104 09208 AMC 19265 b

1   tecum issued by a court of this State; or

2   (ii) require the disclosure of any documentary

3   material which would be privileged, or which for any other

4   reason would not be required by a subpoena duces tecum

5   issued by a court of this State.

6   (2) The production of documentary material in response to

7 a subpoena served pursuant to this Section shall be made under

8 a sworn certificate, in such form as the subpoena designates,

9 by the person, if a natural person, to whom the demand is

10 directed or, if not a natural person, by a person or persons

11 having knowledge of the facts and circumstances relating to

12 such production, to the effect that all of the documentary

13 material required by the demand and in the possession,

14 custody, or control of the person to whom the demand is

15 directed has been produced and made available to the

16 custodian. Answers to interrogatories shall be accompanied by

17 a statement under oath attesting to the accuracy of the

18 answers.

19  While in the possession of the Attorney General and under

20 such reasonable terms and conditions as the Attorney General

21 shall prescribe: (A) documentary material shall be available

22 for examination by the person who produced such material or by

23 any duly authorized representative of such person, (B)

24 transcript of oral testimony shall be available for

25 examination by the person who produced such testimony, or his

26 or her counsel, and (C) answers to interrogatories shall be
    SB2394 Enrolled  - 2876 - LRB104 09208 AMC 19265 b

1 available for examination by the person who swore to their

2 accuracy.

3   Except as otherwise provided in this Section, no

4 documentary material, transcripts of oral testimony, or

5 answers to interrogatories, or copies thereof, in the

6 possession of the Attorney General shall be available for

7 examination by any individual other than an authorized

8 employee of the Attorney General or other law enforcement

9 officials, federal, State, or local, without the consent of

10 the person who produced such material, transcripts, or

11 interrogatory answers. Such documentary material, transcripts

12 of oral testimony, or answers to interrogatories, or copies

13 thereof, may be used by the Attorney General in any

14 administrative or judicial action or proceeding.

15  For purposes of this Section, all documentary materials,

16 transcripts of oral testimony, answers to interrogatories

17 obtained by the Attorney General from other law enforcement

18 officials, information voluntarily produced to the Attorney

19 General for purposes of any investigation conducted under

20 subsection (1), or information provided to the Attorney

21 General pursuant to the notice requirement of Section 7.2a

22 shall be treated as if produced pursuant to a subpoena served

23 pursuant to this Section for purposes of maintaining the

24 confidentiality of such information.

25  The changes made by Public Act 103-526 this amendatory Act

26 of the 103rd General Assembly are inoperative on and after
    SB2394 Enrolled         - 2877 - LRB104 09208 AMC 19265 b

1 January 1, 2027.

2   (3) No person shall, with intent to avoid, evade, prevent,

3 or obstruct compliance in whole or in part by any person with

4 any duly served subpoena of the Attorney General under this

5 Act, knowingly remove from any place, conceal, withhold,

6 destroy, mutilate, alter, or by any other means falsify any

7 documentary material that is the subject of such subpoena. A

8 violation of this subsection is a Class A misdemeanor. The

9 Attorney General, with such assistance as he may from time to

10 time require of the State's Attorneys in the several counties,

11 shall investigate suspected violations of this subsection and

12 shall commence and try all prosecutions under this subsection.

13 (Source: P.A. 103-526, eff. 1-1-24; revised 7-24-24.)

14  Section 1130. The Mental Health and Developmental

15 Disabilities Confidentiality Act is amended by changing

16 Section 9.6 as follows:

17  (740 ILCS 110/9.6)

18  Sec. 9.6. Participants of any HIE, as defined under

19 Section 2, shall allow each recipient whose record is

20 accessible through the health information exchange the

21 reasonable opportunity to expressly decline the further

22 disclosure of the record by the health information exchange to

23 third parties, except to the extent permitted by law such as

24 for purposes of public health reporting. The HIE participants
SB2394 Enrolled  - 2878 - LRB104 09208 AMC 19265 b

 1 shall permit a recipient to revoke a prior decision to opt out
 2 opt-out or a decision not to opt out opt-out. These rules,
 3 standards, or contractual obligations shall provide for
 4 written notice of a recipient's right to opt out opt-out which
 5 directs the recipient to a health information exchange website
 6 containing (i) an explanation of the purposes of the health
 7 information exchange; and (ii) audio, visual, and written
 8 instructions on how to opt out opt-out of participation in
 9 whole or in part to the extent possible. The process for
10 effectuating an opt-out shall be reviewed by the HIE
11 participants annually and updated as the technical options
12 develop. The recipient shall be provided meaningful disclosure
13 regarding the health information exchange, and the recipient's
14 decision whether to opt out opt-out should be obtained without
15 undue inducement or any element of force, fraud, deceit,
16 duress, or other form of constraint or coercion. To the extent
17 that HIPAA, as specified in 45 CFR 164.508(b)(4), prohibits a
18 covered entity from conditioning the provision of its services
19 upon an individual's provision of an authorization, an HIE
20 participant shall not condition the provision of its services
21 upon a recipient's decision to opt out opt-out of further
22 disclosure of the record by an HIE to third parties. The HIE
23 participants shall also give annual consideration to enable a
24 recipient to expressly decline the further disclosure by an
25 HIE to third parties of selected portions of the recipient's
26 record while permitting disclosure of the recipient's
    SB2394 Enrolled        - 2879 - LRB104 09208 AMC 19265 b

 1 remaining patient health information. In giving effect to
 2 recipient disclosure preferences, the HIE participants may
 3 consider the extent to which relevant health information
 4 technologies reasonably available to therapists and HIEs in
 5 this State reasonably enable the effective segmentation of
 6 specific information within a recipient's electronic medical
 7 record and reasonably enable the effective exclusion of
 8 specific information from disclosure by an HIE to third
 9 parties, as well as the availability of sufficient
10 authoritative clinical guidance to enable the practical
11 application of such technologies to effect recipient
12 disclosure preferences. The provisions of this Section 9.6
13 shall not apply to the secure electronic transmission of data
14 which is point-to-point communication directed by the data
15 custodian.
16 (Source: P.A. 103-508, eff. 8-4-23; revised 7-24-24.)

17  Section 1135. The Whistleblower Act is amended by changing

18 Section 15 as follows:

19  (740 ILCS 174/15)

20  Sec. 15. Retaliation for certain disclosures prohibited.

21  (a) An employer may not take retaliatory action against an

22 employee who discloses or threatens to disclose to a public

23 body conducting an investigation, or in a court, an

24 administrative hearing, or any other proceeding initiated by a
    SB2394 Enrolled  - 2880 - LRB104 09208 AMC 19265 b

1 public body, information related to an activity, policy, or

2 practice of the employer, where the employee has a good faith

3 belief that the activity, policy, or practice (i) violates a

4 State or federal law, rule, or regulation or (ii) poses a

5 substantial and specific danger to employees, public health,

6 or safety.

7   (b) An employer may not take retaliatory action against an

8 employee for disclosing or threatening to disclose information

9 to a government or law enforcement agency information related

10 to an activity, policy, or practice of the employer, where the

11 employee has a good faith belief that the activity, policy, or

12 practice of the employer (i) violates a State or federal law,

13 rule, or regulation or (ii) poses a substantial and specific

14 danger to employees, public health, or safety.

15  (c) An employer may not take retaliatory action against an

16 employee for disclosing or threatening to disclose to any

17 supervisor, principal officer, board member, or supervisor in

18 an organization that has a contractual relationship with the

19 employer who makes the employer aware of the disclosure,

20 information related to an activity, policy, or practice of the

21 employer if the employee has a good faith belief that the

22 activity, policy, or practice (i) violates a State or federal

23 law, rule, or regulation or (ii) poses a substantial and

24 specific danger to employees, public health, or safety.

25 (Source: P.A. 103-867, eff. 1-1-25; revised 10-21-24.)
    SB2394 Enrolled            - 2881 - LRB104 09208 AMC 19265 b

1   Section 1140. The Adoption Act is amended by changing

2 Sections 1 and 2 as follows:

3   (750 ILCS 50/1)

4   Sec. 1. Definitions. When used in this Act, unless the

5 context otherwise requires:

6   A. (1) "Child" means a person under legal age subject to

7 adoption under this Act.

8   A-5. (2) "Adult", when referring to a person who is the

9 subject of a petition for adoption under Section 3 of this Act,

10 means a person who is 18 years old or older.

11  B. "Related child" means a child subject to adoption where

12 either or both of the adopting parents stands in any of the

13 following relationships to the child by blood, marriage,

14 adoption, or civil union: parent, grand-parent,

15 great-grandparent,  brother,  sister,         step-parent,

16 step-grandparent, step-brother, step-sister, uncle, aunt,

17 great-uncle, great-aunt, first cousin, or second cousin. A

18 person is related to the child as a first cousin or second

19 cousin if they are both related to the same ancestor as either

20 grandchild or great-grandchild. A child whose parent has

21 executed a consent to adoption, a surrender, or a waiver

22 pursuant to Section 10 of this Act or whose parent has signed a

23 denial of paternity pursuant to Section 12 of the Vital

24 Records Act or Section 12a of this Act, or whose parent has had

25 his or her parental rights terminated, is not a related child
    SB2394 Enrolled        - 2882 - LRB104 09208 AMC 19265 b

1 to that person, unless (1) the consent is determined to be void

2 or is void pursuant to subsection O of Section 10 of this Act;

3 or (2) the parent of the child executed a consent to adoption

4 by a specified person or persons pursuant to subsection A-1 of

5 Section 10 of this Act and a court of competent jurisdiction

6 finds that such consent is void; or (3) the order terminating

7 the parental rights of the parent is vacated by a court of

8 competent jurisdiction.

9   C. "Agency" for the purpose of this Act means a public

10 child welfare agency or a licensed child welfare agency.

11  D. "Unfit person" means any person whom the court shall

12 find to be unfit to have a child, without regard to the

13 likelihood that the child will be placed for adoption. The

14 grounds of unfitness are any one or more of the following,

15 except that a person shall not be considered an unfit person

16 for the sole reason that the person has relinquished a child in

17 accordance with the Abandoned Newborn Infant Protection Act:

18  (a) Abandonment of the child.

19  (a-1) Abandonment of a newborn infant in a hospital.

20  (a-2) Abandonment of a newborn infant in any setting

21  where the evidence suggests that the parent intended to

22  relinquish his or her parental rights.

23  (b) Failure to maintain a reasonable degree of

24  interest, concern, or responsibility as to the child's

25  welfare.

26  (c) Desertion of the child for more than 3 months next
    SB2394 Enrolled      - 2883 - LRB104 09208 AMC 19265 b

1   preceding the commencement of the Adoption proceeding.

2   (d) Substantial neglect of the child if continuous or

3   repeated.

4   (d-1) Substantial neglect, if continuous or repeated,

5   of any child residing in the household which resulted in

6   the death of that child.

7   (e) Extreme or repeated cruelty to the child.

8   (f) There is a rebuttable presumption, which can be

9   overcome only by clear and convincing evidence, that a

10  parent is unfit if:

11  (1) Two or more findings of physical abuse have

12  been entered regarding any children under Section 2-21

13  of the Juvenile Court Act of 1987, the most recent of

14  which was determined by the juvenile court hearing the

15  matter to be supported by clear and convincing

16  evidence; or

17  (2) The parent has been convicted or found not

18  guilty by reason of insanity and the conviction or

19  finding resulted from the death of any child by

20  physical abuse; or

21  (3) There is a finding of physical child abuse

22  resulting from the death of any child under Section

23  2-21 of the Juvenile Court Act of 1987.

24  No conviction or finding of delinquency pursuant to

25  Article V of the Juvenile Court Act of 1987 shall be

26  considered a criminal conviction for the purpose of
    SB2394 Enrolled  - 2884 - LRB104 09208 AMC 19265 b

1   applying any presumption under this paragraph item (f).

2   (g) Failure to protect the child from conditions

3   within his environment injurious to the child's welfare.

4   (h) Other neglect of, or misconduct toward the child;

5   provided that in making a finding of unfitness the court

6   hearing the adoption proceeding shall not be bound by any

7   previous finding, order or judgment affecting or

8   determining the rights of the parents toward the child

9   sought to be adopted in any other proceeding except such

10  proceedings terminating parental rights as shall be had

11  under either this Act, the Juvenile Court Act, or the

12  Juvenile Court Act of 1987.

13  (i) Depravity. Conviction of any one of the following

14  crimes shall create a presumption that a parent is

15  depraved which can be overcome only by clear and

16  convincing evidence: (1) first degree murder in violation

17  of paragraph (1) or (2) of subsection (a) of Section 9-1 of

18  the Criminal Code of 1961 or the Criminal Code of 2012 or

19  conviction of second degree murder in violation of

20  subsection (a) of Section 9-2 of the Criminal Code of 1961

21  or the Criminal Code of 2012 of a parent of the child to be

22  adopted; (2) first degree murder or second degree murder

23  of any child in violation of the Criminal Code of 1961 or

24  the Criminal Code of 2012; (3) attempt or conspiracy to

25  commit first degree murder or second degree murder of any

26  child in violation of the Criminal Code of 1961 or the
    SB2394 Enrolled  - 2885 - LRB104 09208 AMC 19265 b

1   Criminal Code of 2012; (4) solicitation to commit murder

2   of any child, solicitation to commit murder of any child

3   for hire, or solicitation to commit second degree murder

4   of any child in violation of the Criminal Code of 1961 or

5   the Criminal Code of 2012; (5) predatory criminal sexual

6   assault of a child in violation of Section 11-1.40 or

7   12-14.1 of the Criminal Code of 1961 or the Criminal Code

8   of 2012; (6) heinous battery of any child in violation of

9   the Criminal Code of 1961; (7) aggravated battery of any

10  child in violation of the Criminal Code of 1961 or the

11  Criminal Code of 2012; (8) any violation of Section

12  11-1.20 or Section 12-13 of the Criminal Code of 1961 or

13  the Criminal Code of 2012; (9) any violation of subsection

14  (a) of Section 11-1.50 or Section 12-16 of the Criminal

15  Code of 1961 or the Criminal Code of 2012; (10) any

16  violation of Section 11-9.1 of the Criminal Code of 1961

17  or the Criminal Code of 2012; (11) any violation of

18  Section 11-9.1A of the Criminal Code of 1961 or the

19  Criminal Code of 2012; or (12) an offense in any other

20  state the elements of which are similar and bear a

21  substantial relationship to any of the enumerated offenses

22  in this paragraph subsection (i).

23  There is a rebuttable presumption that a parent is

24  depraved if the parent has been criminally convicted of at

25  least 3 felonies under the laws of this State or any other

26  state, or under federal law, or the criminal laws of any
    SB2394 Enrolled        - 2886 - LRB104 09208 AMC 19265 b

1   United States territory; and at least one of these

2   convictions took place within 5 years of the filing of the

3   petition or motion seeking termination of parental rights.

4   There is a rebuttable presumption that a parent is

5   depraved if that parent has been criminally convicted of

6   either first or second degree murder of any person as

7   defined in the Criminal Code of 1961 or the Criminal Code

8   of 2012 within 10 years of the filing date of the petition

9   or motion to terminate parental rights.

10  No conviction or finding of delinquency pursuant to

11  Article 5 of the Juvenile Court Act of 1987 shall be

12  considered a criminal conviction for the purpose of

13  applying any presumption under this paragraph item (i).

14  (j) Open and notorious adultery or fornication.

15  (j-1) (Blank).

16  (k) Habitual drunkenness or addiction to drugs, other

17  than those prescribed by a physician, for at least one

18  year immediately prior to the commencement of the

19  unfitness proceeding.

20  (l) Failure to demonstrate a reasonable degree of

21  interest, concern, or responsibility as to the welfare of

22  a new born child during the first 30 days after its birth.

23  (m) Failure by a parent (i) to make reasonable efforts

24  to correct the conditions that were the basis for the

25  removal of the child from the parent during any 9-month

26  period following the adjudication of neglected or abused
    SB2394 Enrolled  - 2887 - LRB104 09208 AMC 19265 b

1   minor under Section 2-3 of the Juvenile Court Act of 1987

2   or dependent minor under Section 2-4 of that Act, or (ii)

3   to make reasonable progress toward the return of the child

4   to the parent during any 9-month period following the

5   adjudication of neglected or abused minor under Section

6   2-3 of the Juvenile Court Act of 1987 or dependent minor

7   under Section 2-4 of that Act. If a service plan has been

8   established as required under Section 8.2 of the Abused

9   and Neglected Child Reporting Act to correct the

10  conditions that were the basis for the removal of the

11  child from the parent and if those services were

12  available, then, for purposes of this Act, "failure to

13  make reasonable progress toward the return of the child to

14  the parent" includes the parent's failure to substantially

15  fulfill his or her obligations under the service plan and

16  correct the conditions that brought the child into care

17  during any 9-month period following the adjudication under

18  Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

19  Notwithstanding any other provision, when a petition or

20  motion seeks to terminate parental rights on the basis of

21  subparagraph item (ii) of this paragraph subsection (m),

22  the petitioner shall file with the court and serve on the

23  parties a pleading that specifies the 9-month period or

24  periods relied on. The pleading shall be filed and served

25  on the parties no later than 3 weeks before the date set by

26  the court for closure of discovery, and the allegations in
    SB2394 Enrolled  - 2888 - LRB104 09208 AMC 19265 b

1   the pleading shall be treated as incorporated into the

2   petition or motion. Failure of a respondent to file a

3   written denial of the allegations in the pleading shall

4   not be treated as an admission that the allegations are

5   true.

6   (m-1) (Blank).

7   (n) Evidence of intent to forgo his or her parental

8   rights, whether or not the child is a ward of the court,

9   (1) as manifested by his or her failure for a period of 12

10  months: (i) to visit the child, (ii) to communicate with

11  the child or agency, although able to do so and not

12  prevented from doing so by an agency or by court order, or

13  (iii) to maintain contact with or plan for the future of

14  the child, although physically able to do so, or (2) as

15  manifested by the father's failure, where he and the

16  mother of the child were unmarried to each other at the

17  time of the child's birth, (i) to commence legal

18  proceedings to establish his paternity under the Illinois

19  Parentage Act of 1984, the Illinois Parentage Act of 2015,

20  or the law of the jurisdiction of the child's birth within

21  30 days of being informed, pursuant to Section 12a of this

22  Act, that he is the father or the likely father of the

23  child or, after being so informed where the child is not

24  yet born, within 30 days of the child's birth, or (ii) to

25  make a good faith effort to pay a reasonable amount of the

26  expenses related to the birth of the child and to provide a
    SB2394 Enrolled  - 2889 - LRB104 09208 AMC 19265 b

1   reasonable amount for the financial support of the child,

2   the court to consider in its determination all relevant

3   circumstances, including the financial condition of both

4   parents; provided that the ground for termination provided

5   in this item (ii) of subparagraph (2) of this paragraph

6   (n) subparagraph (n)(2)(ii) shall only be available where

7   the petition is brought by the mother or the husband of the

8   mother.

9   Contact or communication by a parent with his or her

10  child that does not demonstrate affection and concern does

11  not constitute reasonable contact and planning under this

12  paragraph subdivision (n). In the absence of evidence to

13  the contrary, the ability to visit, communicate, maintain

14  contact, pay expenses, and plan for the future shall be

15  presumed. The subjective intent of the parent, whether

16  expressed or otherwise, unsupported by evidence of the

17  foregoing parental acts manifesting that intent, shall not

18  preclude a determination that the parent has intended to

19  forgo his or her parental rights. In making this

20  determination, the court may consider but shall not

21  require a showing of diligent efforts by an authorized

22  agency to encourage the parent to perform the acts

23  specified in this paragraph subdivision (n).

24  It shall be an affirmative defense to any allegation

25  under subparagraph paragraph (2) of this paragraph (n)

26  subsection that the father's failure was due to
    SB2394 Enrolled  - 2890 - LRB104 09208 AMC 19265 b

1   circumstances beyond his control or to impediments created

2   by the mother or any other person having legal custody.

3   Proof of that fact need only be by a preponderance of the

4   evidence.

5   (o) Repeated or continuous failure by the parents,

6   although physically and financially able, to provide the

7   child with adequate food, clothing, or shelter.

8   (p) Inability to discharge parental responsibilities

9   supported by competent evidence from a psychiatrist,

10  licensed clinical social worker, or clinical psychologist

11  of mental impairment, mental illness, or an intellectual

12  disability as defined in Section 1-116 of the Mental

13  Health and Developmental Disabilities Code, or

14  developmental disability as defined in Section 1-106 of

15  that Code, and there is sufficient justification to

16  believe that the inability to discharge parental

17  responsibilities shall extend beyond a reasonable time

18  period. However, this paragraph subdivision (p) shall not

19  be construed so as to permit a licensed clinical social

20  worker to conduct any medical diagnosis to determine

21  mental illness or mental impairment.

22  (q) (Blank).

23  (r) The child is in the temporary custody or

24  guardianship of the Department of Children and Family

25  Services, the parent is incarcerated as a result of

26  criminal conviction at the time the petition or motion for
    SB2394 Enrolled  - 2891 - LRB104 09208 AMC 19265 b

1   termination of parental rights is filed, prior to

2   incarceration the parent had little or no contact with the

3   child or provided little or no support for the child, and

4   the parent's incarceration will prevent the parent from

5   discharging his or her parental responsibilities for the

6   child for a period in excess of 2 years after the filing of

7   the petition or motion for termination of parental rights.

8   (s) The child is in the temporary custody or

9   guardianship of the Department of Children and Family

10  Services, the parent is incarcerated at the time the

11  petition or motion for termination of parental rights is

12  filed, the parent has been repeatedly incarcerated as a

13  result of criminal convictions, and the parent's repeated

14  incarceration has prevented the parent from discharging

15  his or her parental responsibilities for the child.

16  (t) (Blank).

17  E. "Parent" means a person who is the legal mother or legal

18 father of the child as defined in subsection X or Y of this

19 Section. For the purpose of this Act, a parent who has executed

20 a consent to adoption, a surrender, or a waiver pursuant to

21 Section 10 of this Act, who has signed a Denial of Paternity

22 pursuant to Section 12 of the Vital Records Act or Section 12a

23 of this Act, or whose parental rights have been terminated by a

24 court, is not a parent of the child who was the subject of the

25 consent, surrender, waiver, or denial unless (1) the consent

26 is void pursuant to subsection O of Section 10 of this Act; or
    SB2394 Enrolled      - 2892 - LRB104 09208 AMC 19265 b

1 (2) the person executed a consent to adoption by a specified

2 person or persons pursuant to subsection A-1 of Section 10 of

3 this Act and a court of competent jurisdiction finds that the

4 consent is void; or (3) the order terminating the parental

5 rights of the person is vacated by a court of competent

6 jurisdiction.

7   F. A person is available for adoption when the person is:

8   (a) a child who has been surrendered for adoption to

9   an agency and to whose adoption the agency has thereafter

10  consented;

11  (b) a child to whose adoption a person authorized by

12  law, other than his parents, has consented, or to whose

13  adoption no consent is required pursuant to Section 8 of

14  this Act;

15  (c) a child who is in the custody of persons who intend

16  to adopt him through placement made by his parents;

17  (c-1) a child for whom a parent has signed a specific

18  consent pursuant to subsection O of Section 10;

19  (d) an adult who meets the conditions set forth in

20  Section 3 of this Act; or

21  (e) a child who has been relinquished as defined in

22  Section 10 of the Abandoned Newborn Infant Protection Act.

23  A person who would otherwise be available for adoption

24 shall not be deemed unavailable for adoption solely by reason

25 of his or her death.

26  G. The singular includes the plural and the plural
    SB2394 Enrolled        - 2893 - LRB104 09208 AMC 19265 b

1 includes the singular and the "male" includes the "female", as

2 the context of this Act may require.

3   H. (Blank).

4   I. "Habitual residence" has the meaning ascribed to it in

5 the federal Intercountry Adoption Act of 2000 and regulations

6 promulgated thereunder.

7   J. "Immediate relatives" means the biological parents, the

8 parents of the biological parents, and the siblings of the

9 biological parents.

10  K. "Intercountry adoption" is a process by which a child

11 from a country other than the United States is adopted by

12 persons who are habitual residents of the United States, or

13 the child is a habitual resident of the United States who is

14 adopted by persons who are habitual residents of a country

15 other than the United States.

16  L. (Blank).

17  M. "Interstate Compact on the Placement of Children" is a

18 law enacted by all states and certain territories for the

19 purpose of establishing uniform procedures for handling the

20 interstate placement of children in foster homes, adoptive

21 homes, or other child care facilities.

22  N. (Blank).

23  O. "Preadoption requirements" means any conditions or

24 standards established by the laws or administrative rules of

25 this State that must be met by a prospective adoptive parent

26 prior to the placement of a child in an adoptive home.
    SB2394 Enrolled   - 2894 - LRB104 09208 AMC 19265 b

1   P. "Abused child" means a child whose parent or immediate

2 family member, or any person responsible for the child's

3 welfare, or any individual residing in the same home as the

4 child, or a paramour of the child's parent:

5   (a) inflicts, causes to be inflicted, or allows to be

6   inflicted upon the child physical injury, by other than

7   accidental means, that causes death, disfigurement,

8   impairment of physical or emotional health, or loss or

9   impairment of any bodily function;

10  (b) creates a substantial risk of physical injury to

11  the child by other than accidental means which would be

12  likely to cause death, disfigurement, impairment of

13  physical or emotional health, or loss or impairment of any

14  bodily function;

15  (c) commits or allows to be committed any sex offense

16  against the child, as sex offenses are defined in the

17  Criminal Code of 2012 and extending those definitions of

18  sex offenses to include children under 18 years of age;

19  (d) commits or allows to be committed an act or acts of

20  torture upon the child; or

21  (e) inflicts excessive corporal punishment.

22  Q. "Neglected child" means any child whose parent or other

23 person responsible for the child's welfare withholds or denies

24 nourishment or medically indicated treatment including food or

25 care denied solely on the basis of the present or anticipated

26 mental or physical impairment as determined by a physician
    SB2394 Enrolled         - 2895 - LRB104 09208 AMC 19265 b

1 acting alone or in consultation with other physicians or

2 otherwise does not provide the proper or necessary support,

3 education as required by law, or medical or other remedial

4 care recognized under State law as necessary for a child's

5 well-being, or other care necessary for his or her well-being,

6 including adequate food, clothing, and shelter; or who is

7 abandoned by his or her parents or other person responsible

8 for the child's welfare.

9   A child shall not be considered neglected or abused for

10 the sole reason that the child's parent or other person

11 responsible for his or her welfare depends upon spiritual

12 means through prayer alone for the treatment or cure of

13 disease or remedial care as provided under Section 4 of the

14 Abused and Neglected Child Reporting Act. A child shall not be

15 considered neglected or abused for the sole reason that the

16 child's parent or other person responsible for the child's

17 welfare failed to vaccinate, delayed vaccination, or refused

18 vaccination for the child due to a waiver on religious or

19 medical grounds as permitted by law.

20  R. "Putative father" means a man who may be a child's

21 father, but who (1) is not married to the child's mother on or

22 before the date that the child was or is to be born and (2) has

23 not established paternity of the child in a court proceeding

24 before the filing of a petition for the adoption of the child.

25 The term includes a male who is less than 18 years of age.

26 "Putative father" does not mean a man who is the child's father
    SB2394 Enrolled    - 2896 - LRB104 09208 AMC 19265 b

1 as a result of criminal sexual abuse or assault as defined

2 under Article 11 of the Criminal Code of 2012.

3   S. "Standby adoption" means an adoption in which a parent

4 consents to custody and termination of parental rights to

5 become effective upon the occurrence of a future event, which

6 is either the death of the parent or the request of the parent

7 for the entry of a final judgment of adoption.

8   T. (Blank).

9   T-5. "Biological parent", "birth parent", or "natural

10 parent" of a child are interchangeable terms that mean a

11 person who is biologically or genetically related to that

12 child as a parent.

13  U. "Interstate adoption" means the placement of a minor

14 child with a prospective adoptive parent for the purpose of

15 pursuing an adoption for that child that is subject to the

16 provisions of the Interstate Compact on the Placement of

17 Children.

18  V. (Blank).

19  W. (Blank).

20  X. "Legal father" of a child means a man who is recognized

21 as or presumed to be that child's father:

22  (1) because of his marriage to or civil union with the

23  child's parent at the time of the child's birth or within

24  300 days prior to that child's birth, unless he signed a

25  denial of paternity pursuant to Section 12 of the Vital

26  Records Act or a waiver pursuant to Section 10 of this Act;
    SB2394 Enrolled    - 2897 - LRB104 09208 AMC 19265 b

1   or

2        (2) because his paternity of the child has been

3   established pursuant to the Illinois Parentage Act, the

4   Illinois Parentage Act of 1984, or the Gestational

5   Surrogacy Act; or

6        (3) because he is listed as the child's father or

7   parent on the child's birth certificate, unless he is

8   otherwise determined by an administrative or judicial

9   proceeding not to be the parent of the child or unless he

10  rescinds his acknowledgment of paternity pursuant to the

11  Illinois Parentage Act of 1984; or

12       (4) because his paternity or adoption of the child has

13  been established by a court of competent jurisdiction.

14  The definition in this subsection X shall not be construed

15 to provide greater or lesser rights as to the number of parents

16 who can be named on a final judgment order of adoption or

17 Illinois birth certificate that otherwise exist under Illinois

18 law.

19  Y. "Legal mother" of a child means a woman who is

20 recognized as or presumed to be that child's mother:

21       (1) because she gave birth to the child except as

22  provided in the Gestational Surrogacy Act; or

23       (2) because her maternity of the child has been

24  established pursuant to the Illinois Parentage Act of 1984

25  or the Gestational Surrogacy Act; or

26       (3) because her maternity or adoption of the child has
    SB2394 Enrolled        - 2898 - LRB104 09208 AMC 19265 b

1   been established by a court of competent jurisdiction; or

2        (4) because of her marriage to or civil union with the

3   child's other parent at the time of the child's birth or

4   within 300 days prior to the time of birth; or

5        (5) because she is listed as the child's mother or

6   parent on the child's birth certificate unless she is

7   otherwise determined by an administrative or judicial

8   proceeding not to be the parent of the child.

9   The definition in this subsection Y shall not be construed

10 to provide greater or lesser rights as to the number of parents

11 who can be named on a final judgment order of adoption or

12 Illinois birth certificate that otherwise exist under Illinois

13 law.

14  Z. "Department" means the Illinois Department of Children

15 and Family Services.

16  AA. "Placement disruption" means a circumstance where the

17 child is removed from an adoptive placement before the

18 adoption is finalized.

19  BB. "Secondary placement" means a placement, including,

20 but not limited to, the placement of a youth in care as defined

21 in Section 4d of the Children and Family Services Act, that

22 occurs after a placement disruption or an adoption

23 dissolution. "Secondary placement" does not mean secondary

24 placements arising due to the death of the adoptive parent of

25 the child.

26  CC. "Adoption dissolution" means a circumstance where the
    SB2394 Enrolled      - 2899 - LRB104 09208 AMC 19265 b

1 child is removed from an adoptive placement after the adoption

2 is finalized.

3   DD. "Unregulated placement" means the secondary placement

4 of a child that occurs without the oversight of the courts, the

5 Department, or a licensed child welfare agency.

6   EE. "Post-placement and post-adoption support services"

7 means support services for placed or adopted children and

8 families that include, but are not limited to, mental health

9 treatment, including counseling and other support services for

10 emotional, behavioral, or developmental needs, and treatment

11 for substance abuse.

12  FF. "Youth in care" has the meaning provided in Section 4d

13 of the Children and Family Services Act.

14  The changes made by Public Act 103-941 this amendatory Act

15 of the 103rd General Assembly apply to a petition that is filed

16 on or after January 1, 2025.

17 (Source: P.A. 102-139, eff. 1-1-22; 102-558, eff. 8-20-21;

18 103-696, eff. 1-1-25; 103-941, eff. 1-1-25; revised 11-26-24.)

19  (750 ILCS 50/2) (from Ch. 40, par. 1502)

20  Sec. 2. Who may adopt a child.

21  A. Any of the following persons, who is under no legal

22 disability (except the minority specified in sub-paragraph

23 (b)) and who has resided in the State of Illinois continuously

24 for a period of at least 6 months immediately preceding the

25 commencement of an adoption proceeding, or any member of the
    SB2394 Enrolled  - 2900 - LRB104 09208 AMC 19265 b

1 armed forces of the United States who has been domiciled in the

2 State of Illinois for 90 days, may institute such proceeding:

3   (a) A reputable person of legal age and of either sex,

4   provided that if such person is married or in a civil union

5   and has not been living separate and apart from his or her

6   spouse or civil union partner for 12 months or longer, his

7   or her spouse or civil union partner shall be a party to

8   the adoption proceeding, including a spouse or civil union

9   partner desiring to adopt a child of the other spouse or

10  civil union partner, in all of which cases the adoption

11  shall be by both spouses or civil union partners jointly;

12  (b) A minor, by leave of court upon good cause shown;.

13  (c) Notwithstanding sub-paragraph (a) of this

14  subsection, a spouse or civil union partner is not

15  required to join in a petition for adoption for the

16  adoption of an adult if a petitioner is a former

17  stepparent of that adult, or to re-adopt a child after an

18  intercountry adoption if the spouse or civil union partner

19  did not previously adopt the child as set forth in

20  subsections (c) and (e) of Section 4.1 of this Act. For

21  purposes of this Section, "former stepparent" means a

22  person who was married to, or in a civil union with, the

23  legal parent of the adult seeking to be adopted, and the

24  marriage or civil union has ended.

25  B. The residence requirement specified in paragraph A of

26 this Section shall not apply to:
    SB2394 Enrolled  - 2901 - LRB104 09208 AMC 19265 b

1   (a) an adoption of a related child;

2   (a-1) an adoption of a child previously adopted in a

3   foreign country by the petitioner;

4   (b) an adoption of a child placed by an

5   Illinois-licensed child welfare agency performing adoption

6   services;

7   (c) an adoption of an adult by a former stepparent; or

8   (d) an adoption of a child born in this State who has

9   resided continuously in this State since birth, or a child

10  who has continuously resided in this State for at least 6

11  months immediately preceding the commencement of the

12  adoption proceeding, if:

13  (1) an Illinois-licensed child welfare agency

14  performing adoption services has acknowledged a

15  consent or surrender of one or both of the biological

16  or legal parents of the child under this Act and the

17  Child Care Act of 1969; or

18  (2) an authorized person under Section 10 has

19  acknowledged a consent of one or both of the

20  biological or legal parents of the child and an

21  Illinois-licensed child welfare agency performing

22  adoption services has counseled the biological or

23  legal parent or parents of the child as to the birth

24  parent rights and responsibilities under the Child

25  Care Act of 1969 and the rules adopted thereunder.

26  C. Nothing in this Section overrides the requirements
    SB2394 Enrolled     - 2902 - LRB104 09208 AMC 19265 b

1 contained in Public Act 94-586.
2 (Source: P.A. 102-139, eff. 1-1-22; revised 7-24-24.)

3   Section 1145. The Probate Act of 1975 is amended by

4 changing Section 11a-15 as follows:

5   (755 ILCS 5/11a-15) (from Ch. 110 1/2, par. 11a-15)

6   Sec. 11a-15. Successor guardian.) Upon the death,

7 incapacity, resignation, or removal of a guardian of the

8 estate or person of a living ward, the court shall appoint a

9 successor guardian or terminate the adjudication of

10 disability. The powers and duties of the successor guardian

11 shall be the same as those of the predecessor guardian unless

12 otherwise modified.

13  Notice of the time and place of the hearing on a petition

14 for the appointment of a successor guardian shall be given not

15 less than 3 days before the hearing for a successor to a

16 temporary guardian and not less than 14 days before the

17 hearing for a successor to a limited or plenary guardian. The

18 notice shall be by mail or in person to the alleged person with

19 a disability, to the proposed successor guardian, and to those

20 persons whose names and addresses are listed in the petition

21 for adjudication of disability and appointment of a guardian

22 under Section 11a-8. The court, upon a finding of good cause,

23 may waive the notice requirement under this Section.

24 (Source: P.A. 103-740, eff. 1-1-25; revised 11-26-24.)
    SB2394 Enrolled         - 2903 - LRB104 09208 AMC 19265 b

1   Section 1150. The Real Property Transfer on Death

2 Instrument Act is amended by changing Section 90 as follows:

3   (755 ILCS 27/90)

4   Sec. 90. Limitations and bona fide transfers.

5   (a) An action to set aside or contest the validity of a

6 transfer on death instrument shall be commenced within the

7 earlier of 2 years after the date of the owner's death or 6

8 months from the date letters of office are issued pursuant to

9 the Probate Act of 1975.

10  (b) A bona fide purchaser or mortgagee for value shall

11 take the real property free and clear of any action, claim,

12 liability, or contest if the transfer to the bona fide

13 purchaser or mortgagee for value occurs prior to the recording

14 of a lis pendens under Section 2-1901 of the Code of Civil

15 Procedure or prior to the filing of the a notice of

16 renunciation pursuant to Section 66 of this Act.

17 (Source: P.A. 102-68, eff. 1-1-22; revised 7-24-24.)

18  Section 1155. The Health Care Surrogate Act is amended by

19 changing Section 10 as follows:

20  (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)

21  Sec. 10. Definitions. As used in this Act:

22  "Adult" means a person who is (i) 18 years of age or older
    SB2394 Enrolled  - 2904 - LRB104 09208 AMC 19265 b

1 or (ii) an emancipated minor under the Emancipation of Minors

2 Act.

3   "Artificial nutrition and hydration" means supplying food

4 and water through a conduit, such as a tube or intravenous

5 line, where the recipient is not required to chew or swallow

6 voluntarily, including, but not limited to, nasogastric tubes,

7 gastrostomies, jejunostomies, and intravenous infusions.

8 "Artificial nutrition and hydration" does not include assisted

9 feeding, such as spoon or bottle feeding.

10  "Available" means that a person is not "unavailable". A

11 person is unavailable if (i) the person's existence is not

12 known, (ii) the person has not been able to be contacted by

13 telephone or mail, or (iii) the person lacks decisional

14 capacity, refuses to accept the office of surrogate, or is

15 unwilling to respond in a manner that indicates a choice among

16 the treatment matters at issue.

17  "Attending physician" means the physician selected by or

18 assigned to the patient who has primary responsibility for

19 treatment and care of the patient and who is a licensed

20 physician in Illinois or a physician licensed in the state

21 where the patient is being treated. If more than one physician

22 shares that responsibility, any of those physicians may act as

23 the attending physician under this Act.

24  "Close friend" means any person 18 years of age or older

25 who has exhibited special care and concern for the patient and

26 who presents an affidavit to the attending physician stating
    SB2394 Enrolled  - 2905 - LRB104 09208 AMC 19265 b

1 that he or she (i) is a close friend of the patient, (ii) is

2 willing and able to become involved in the patient's health

3 care, and (iii) has maintained such regular contact with the

4 patient as to be familiar with the patient's activities,

5 health, and religious and moral beliefs. The affidavit must

6 also state facts and circumstances that demonstrate that

7 familiarity.

8   "Death" means when, according to accepted medical

9 standards, there is (i) an irreversible cessation of

10 circulatory and respiratory functions or (ii) an irreversible

11 cessation of all functions of the entire brain, including the

12 brain stem.

13  "Decisional capacity" means the ability to understand and

14 appreciate the nature and consequences of a decision regarding

15 medical treatment or forgoing life-sustaining treatment and

16 the ability to reach and communicate an informed decision in

17 the matter as determined by the attending physician.

18  "Forgo life-sustaining treatment" means to withhold,

19 withdraw, or terminate all or any portion of life-sustaining

20 treatment with knowledge that the patient's death is likely to

21 result.

22  "Guardian" means a court appointed guardian of the person

23 who serves as a representative of a minor or as a

24 representative of a person under legal disability.

25  "Health care facility" means a type of health care

26 provider commonly known by a wide variety of titles,
    SB2394 Enrolled  - 2906 - LRB104 09208 AMC 19265 b

1 including, but not limited to, hospitals, medical centers,

2 nursing homes, rehabilitation centers, long term or tertiary

3 care facilities, and other facilities established to

4 administer health care and provide overnight stays in their

5 ordinary course of business or practice.

6   "Health care provider" means a person that is licensed,

7 certified, or otherwise authorized or permitted by the law of

8 this State or licensed in the state where the patient is being

9 treated to administer health care in the ordinary course of

10 business or practice of a profession, including, but not

11 limited to, physicians, nurses, health care facilities, and

12 any employee, officer, director, agent, or person under

13 contract with such a person.

14  "Imminent" (as in "death is imminent") means a

15 determination made by the attending physician according to

16 accepted medical standards that death will occur in a

17 relatively short period of time, even if life-sustaining

18 treatment is initiated or continued.

19  "Life-sustaining treatment" means any medical treatment,

20 procedure, or intervention that, in the judgment of the

21 attending physician, when applied to a patient with a

22 qualifying condition, would not be effective to remove the

23 qualifying condition or would serve only to prolong the dying

24 process. Those procedures can include, but are not limited to,

25 assisted ventilation, renal dialysis, surgical procedures,

26 blood transfusions, and the administration of drugs,
    SB2394 Enrolled  - 2907 - LRB104 09208 AMC 19265 b

1 antibiotics, and artificial nutrition and hydration.

2   "Minor" means an individual who is not an adult as defined

3 in this Act.

4   "Parent" means a person who is the natural or adoptive

5 mother or father of the child and whose parental rights have

6 not been terminated by a court of law.

7   "Patient" means an adult or minor individual, unless

8 otherwise specified, under the care or treatment of a licensed

9 physician or other health care provider.

10  "Person" means an individual, a corporation, a business

11 trust, a trust, a partnership, an association, a government, a

12 governmental subdivision or agency, or any other legal entity.

13  "Qualifying condition" means the existence of one or more

14 of the following conditions in a patient certified in writing

15 in the patient's medical record by the attending physician and

16 by at least one other qualified health care practitioner:

17  (1) "Terminal condition" means an illness or injury

18  for which there is no reasonable prospect of cure or

19  recovery, death is imminent, and the application of

20  life-sustaining treatment would only prolong the dying

21  process.

22  (2) "Permanent unconsciousness" means a condition

23  that, to a high degree of medical certainty, (i) will last

24  permanently, without improvement, (ii) in which thought,

25  sensation, purposeful action, social interaction, and

26  awareness of self and environment are absent, and (iii)
    SB2394 Enrolled  - 2908 - LRB104 09208 AMC 19265 b

1   for which initiating or continuing life-sustaining

2   treatment, in light of the patient's medical condition,

3   provides only minimal medical benefit.

4   (3) "Incurable or irreversible condition" means an

5   illness or injury (i) for which there is no reasonable

6   prospect of cure or recovery, (ii) that ultimately will

7   cause the patient's death even if life-sustaining

8   treatment is initiated or continued, (iii) that imposes

9   severe pain or otherwise imposes an inhumane burden on the

10  patient, and (iv) for which initiating or continuing

11  life-sustaining treatment, in light of the patient's

12  medical condition, provides only minimal medical benefit.

13  The determination that a patient has a qualifying

14 condition creates no presumption regarding the application or

15 non-application of life-sustaining treatment. It is only after

16 a determination by the attending physician that the patient

17 has a qualifying condition that the surrogate decision maker

18 may consider whether or not to forgo life-sustaining

19 treatment. In making this decision, the surrogate shall weigh

20 the burdens on the patient of initiating or continuing

21 life-sustaining treatment against the benefits of that

22 treatment.

23  "Qualified health care practitioner" means an individual

24 who has personally examined the patient and who is licensed in

25 Illinois or in the state where the patient is being treated and

26 who is a physician, advanced practice registered nurse,
    SB2394 Enrolled    - 2909 - LRB104 09208 AMC 19265 b

1 physician assistant, or resident with at least one year of

2 graduate or specialty training who holds a temporary license

3 to practice medicine and is enrolled in a residency program

4 accredited by the Liaison Committee on Graduate Medical

5 Education or the Bureau of Professional Education of the

6 American Osteopathic Association.

7   "Physician" means a physician licensed to practice

8 medicine in all its branches in this State or in the state

9 where the patient is being treated.

10  "Surrogate decision maker" means an adult individual or

11 individuals who (i) have decisional capacity, (ii) are

12 available upon reasonable inquiry, (iii) are willing to make

13 medical treatment decisions on behalf of a patient who lacks

14 decisional capacity, and (iv) are identified by the attending

15 physician in accordance with the provisions of this Act as the

16 person or persons who are to make those decisions in

17 accordance with the provisions of this Act.

18 (Source: P.A. 102-140, eff. 1-1-22; 102-182, eff. 7-30-21;

19 102-744, eff. 5-6-22; revised 7-24-24.)

20  Section 1160. The Landlord and Tenant Act is amended by

21 setting forth and renumbering multiple versions of Section 25

22 as follows:

23  (765 ILCS 705/25)

24  Sec. 25. Disclosure of potential flooding in rental and
    SB2394 Enrolled    - 2910 - LRB104 09208 AMC 19265 b

1 lease agreements.

2   (a) As used in this Section:

3   "Flood" and "flooding" mean a general or temporary

4 condition of partial or complete inundation of a dwelling or

5 property caused by:

6   (1) the overflow of inland or tidal waves;

7   (2) the unusual and rapid accumulation of runoff or

8   surface waters from any established water source such as a

9   river, stream, or drainage ditch; or

10  (3) rainfall.

11  "Lower-level unit" means any garden level unit, basement

12 level unit, or first floor level unit.

13  (b) Every landlord shall clearly disclose to each of the

14 landlord's tenants in writing prior to signing the lease for

15 the rental property that a rental property is located in the

16 Federal Emergency Management Agency (FEMA) Special Flood

17 Hazard Area ("100-year floodplain") and if the landlord has

18 actual knowledge that the rental property or any portion of

19 the parking areas of the real property containing the rental

20 property has been subjected to flooding and the frequency of

21 such flooding. Such disclosure shall also be included in the

22 written lease or the written renewal lease and shall be signed

23 by both parties.

24  (c) Every landlord who leases a lower-level unit shall

25 clearly disclose to each of the landlord's lower-level unit

26 tenants in writing prior to the signing of the lease for the
    SB2394 Enrolled          - 2911 - LRB104 09208 AMC 19265 b

1 lower-level unit if the lower-level unit or any portion of the

2 real property containing the lower-level unit has experienced

3 flooding in the last 10 years and shall disclose the frequency

4 of such flooding. Such disclosure shall also be included in

5 the written lease or the written renewal lease and shall be

6 signed by both parties.

7   (d) The written disclosure shall look substantially

8 similar to the following:

9   "(Landlord) [ ] is or [ ] is not aware that the rental

10 property is located in a FEMA Special Flood Hazard Area

11 ("100-year floodplain"). The property has experienced flooding

12 [ ] times in the last 10 years. Even if the rental property is

13 not in a Special Flood Hazard Area ("100-year floodplain"),

14 the dwelling may still be susceptible to flooding. The Federal

15 Emergency Management Agency (FEMA) maintains a flood map on

16 its Internet website that is searchable by address, at no

17 cost, to determine if a dwelling is located in a flood hazard

18 area.

19  (Landlord) [ ] is or [ ] is not aware that the rental

20 property you are renting has flooded at least once in the last

21 10 years. The rental property has flooded [ ] times in the last

22 10 years. Even if the dwelling has not flooded in the last 10

23 years, the dwelling may still be susceptible to flooding.

24  Most tenant insurance policies do not cover damage or loss

25 incurred in a flood. You are encouraged to examine your policy

26 to determine whether you are covered. If you are not, flood
    SB2394 Enrolled          - 2912 - LRB104 09208 AMC 19265 b

1 insurance may be available through FEMA's National Flood

2 Insurance Program to cover your personal property in the event

3 of a flood. Information regarding flood risks can be found at

4 the dnr.illinois.gov (Illinois Department of Natural

5 Resources), fema.gov (FEMA), and ready.gov/flood (U.S.

6 National public service).

7   Landlords are required to disclose the above information

8 pursuant to Section 25 of the Landlord and Tenant Act. A

9 landlord's failure to comply with Section 25 of the Landlord

10 and Tenant Act shall entitle the tenant to remedies as defined

11 in that Section.

12  ..........................

13  (Tenant Signature) (Date)

14  ..........................

15  (Landlord Signature) (Date)"

16  (e) If a landlord fails to comply with subsection (b), and

17 the tenant subsequently becomes aware that the property is

18 located in the FEMA Special Flood Hazard Area ("100-year

19 floodplain") the tenant may terminate the lease by giving

20 written notice of termination to the landlord no later than

21 the 30th day after a tenant becomes aware of the landlord's

22 failure to comply with subsection (b), and the landlord shall

23 return all rent and fees paid in advance no later than the 15th

24 day after the tenant gave notice.

25  If a landlord fails to comply with subsection (b) or

26 subsection (c) and flooding occurs that results in damage to
    SB2394 Enrolled     - 2913 - LRB104 09208 AMC 19265 b

1 the tenant's personal property, affects the habitability of

2 the leased property, or affects the tenant's access to the

3 leased property, the tenant may:

4   (1) terminate the lease by giving written notice to

5   the landlord no later than the 30th day after the flood

6   occurred and the landlord shall return all rent and fees

7   paid in advance no later than the 15th day after the tenant

8   gave notice; and

9   (2) bring an action against the landlord of the

10  property to recover damages for personal property lost or

11  damaged as a result of flooding.

12  (e) Exemptions. This Section does not apply to farm

13 leases, concession leases, and rental properties owned or

14 managed by the Department of Natural Resources.

15  (f) This Section may not be interpreted to permit the

16 renting, leasing, or subleasing of lower-level units in a

17 municipality if the municipality does not permit the renting,

18 leasing, or subleasing of such units.

19 (Source: P.A. 103-754, eff. 1-1-25; revised 12-1-24.)

20  (765 ILCS 705/30)

21  Sec. 30 25. Reusable tenant screening report.

22  (a) Definitions. In this Section:

23  "Application screening fee" means a request by a landlord

24 for a fee to cover the costs of obtaining information about a

25 prospective tenant.
    SB2394 Enrolled      - 2914 - LRB104 09208 AMC 19265 b

1   "Consumer report" has the same meaning as defined in

2 Section 1681a of Title 15 of the United States Code.

3   "Consumer credit reporting agency" means a person which,

4 for monetary fees, dues, or on a cooperative nonprofit basis,

5 regularly engages in whole or in part in the practice of

6 assembling or evaluating consumer credit information or other

7 information on consumers for the purpose of furnishing

8 consumer reports to third parties and that uses any means or

9 facility of interstate commerce for the purpose of preparing

10 or furnishing consumer reports.

11  "Reusable tenant screening report" means a written report,

12 prepared by a consumer credit reporting agency, that

13 prominently states the date through which the information

14 contained in the report is current and includes, but is not

15 limited to, all of the following information regarding a

16 prospective tenant:

17  (A) the name of the prospective tenant;

18  (B) the contact information for the prospective

19  tenant;

20  (C) a verification of source of income of the

21  prospective tenant;

22  (D) the last known address of the prospective

23  tenant; and

24  (E) the results of an eviction history check of

25  the prospective tenant in a manner and for a period of

26  time consistent with applicable law related to the
    SB2394 Enrolled  - 2915 - LRB104 09208 AMC 19265 b

1   consideration of eviction history in housing.

2   (b) Providing a reusable tenant screening report.

3   (1) If a prospective tenant provides a reusable tenant

4   screening report that meets the following criteria, the

5   landlord may not charge the prospective tenant a fee to

6   access the report or an application screening fee. Those

7   criteria include the following:

8   (A) the report was prepared within the previous 30

9   days by a consumer credit reporting agency at the

10  request and expense of a prospective tenant;

11  (B) the report is made directly available to a

12  landlord for use in the rental application process or

13  is provided through a third-party website that

14  regularly engages in the business of providing a

15  reusable tenant screening report and complies with all

16  State and federal laws pertaining to use and

17  disclosure of information contained in a consumer

18  report by a consumer credit reporting agency;

19  (C) the report is available to the landlord at no

20  cost to access or use; and

21  (D) the report includes all of the criteria

22  consistently being used by the landlord in the

23  screening of prospective tenants.

24  (2) A landlord may require an applicant to state that

25  there has not been a material change to the information in

26  the reusable tenant screening report.
    SB2394 Enrolled             - 2916 - LRB104 09208 AMC 19265 b

1   (c) If an ordinance, resolution, regulation,

2 administrative action, initiative, or other policy adopted by

3 a unit of local government or county conflicts with this Act,

4 the policy that provides greater protections to prospective

5 tenants applies.

6   (d) Nothing in this Section prohibits a landlord from

7 collecting and processing an application in addition to the

8 report provided, as long as the prospective tenant is not

9 charged an application screening fee for this additional

10 report.

11 (Source: P.A. 103-840, eff. 1-1-25; revised 12-3-24.)

12  Section 1165. The Landlord Retaliation Act is amended by

13 changing Section 20 as follows:

14  (765 ILCS 721/20)

15  Sec. 20. Rebuttable presumption. In an action by or

16 against the tenant, if within one year before the alleged act

17 of retaliation there is evidence that the retaliation was

18 against the tenant's conduct that is protected under this Act,

19 that evidence creates a rebuttable presumption that the

20 landlord's conduct was retaliatory. The presumption does not

21 arise if the protected tenant activity was initiated after the

22 alleged act of retaliation.

23 (Source: P.A. 103-831, eff. 1-1-25; revised 10-23-24.)
    SB2394 Enrolled             - 2917 - LRB104 09208 AMC 19265 b

1   Section 1170. The Mobile Home Landlord and Tenant Rights

2 Act is amended by changing Section 17 as follows:

3   (765 ILCS 745/17) (from Ch. 80, par. 217)

4   Sec. 17. Notice required by Law. The following notice

5 shall be printed verbatim in a clear and conspicuous manner in

6 each lease or rental agreement of a mobile home or lot:

7   "IMPORTANT NOTICE REQUIRED BY LAW:

8   The rules set forth below govern the terms of your lease of

9 occupancy arrangement with this mobile home park. The law

10 requires all of these rules and regulations to be fair and

11 reasonable, and if not, such rules and regulations cannot be

12 enforced against you.

13  As required by law, the park must be licensed to operate a

14 mobile home park either by either the State of Illinois

15 Department of Public Health or applicable home rule

16 jurisdiction. Pursuant to the Mobile Home Park Act, this

17 license shall expire April 30 of each year, and a new license

18 shall be issued upon proper application and payment of the

19 annual license fee.

20  You may continue to reside in the park as long as you pay

21 your rent and abide by the rules and regulations of the park.

22 You may only be evicted for non-payment of rent, violation of

23 laws, or for violation of the rules and regulations of the park

24 and the terms of the lease.

25  If this park requires you to deal exclusively with a
    SB2394 Enrolled            - 2918 - LRB104 09208 AMC 19265 b

1 certain fuel dealer or other merchant for goods or service in

2 connection with the use or occupancy of your mobile home or on

3 your mobile home lot, the price you pay for such goods or

4 services may not be more than the prevailing price in this

5 locality for similar goods and services.

6   You may not be evicted for reporting any violations of law

7 or health and building codes to boards of health, building

8 commissioners, the Office department of the Attorney General,

9 or any other appropriate government agency.".

10 (Source: P.A. 103-630, eff. 1-1-25; revised 10-24-24.)

11  Section 1175. The Right of Publicity Act is amended by

12 changing Section 20 as follows:

13  (765 ILCS 1075/20)

14  Sec. 20. Enforcement of rights and remedies.

15  (a) The rights and remedies set forth in this Act may be

16 exercised and enforced by:

17  (1) an individual or his or her authorized

18  representative;

19  (2) a person to whom the recognized rights have been

20  transferred by written transfer under Section 15 of this

21  Act; or

22  (3) after the death of an individual who has not

23  transferred the recognized rights by written transfer

24  under this Act, any person or persons that possess who
    SB2394 Enrolled     - 2919 - LRB104 09208 AMC 19265 b

1   possesses an interest in those rights.

2   (a-5) In addition to the enforcement of rights and

3 remedies in subsection (a), the rights and remedies set forth

4 in this Act may, in the case of an individual who is a

5 recording artist, be enforced by:

6   (1) the individual who is the recording artist; or

7   (2) a person who has entered into a contract for the

8   individual's exclusive personal services as a recording

9   artist or who has entered into a contract for an exclusive

10  license to distribute sound recordings that capture the

11  recording artist's audio performances.

12  (b) Each person described in paragraph (3) of subsection

13 (a) shall make a proportional accounting to, and shall act at

14 all times in good faith with respect to, any other person in

15 whom the rights being enforced have vested.

16 (Source: P.A. 103-836, eff. 1-1-25; revised 10-23-24.)

17  Section 1180. The Illinois Human Rights Act is amended by

18 changing Sections 2-101, 2-102, 2-108, and 3-106 as follows:

19  (775 ILCS 5/2-101)

20  (Text of Section before amendment by P.A. 103-804)

21  Sec. 2-101. Definitions. The following definitions are

22 applicable strictly in the context of this Article.

23  (A) Employee.

24  (1) "Employee" includes:
    SB2394 Enrolled   - 2920 - LRB104 09208 AMC 19265 b

1   (a) Any individual performing services for

2   remuneration within this State for an employer;

3   (b) An apprentice;

4   (c) An applicant for any apprenticeship.

5   For purposes of subsection (D) of Section 2-102 of

6   this Act, "employee" also includes an unpaid intern. An

7   unpaid intern is a person who performs work for an

8   employer under the following circumstances:

9   (i) the employer is not committed to hiring the

10  person performing the work at the conclusion of the

11  intern's tenure;

12  (ii) the employer and the person performing the

13  work agree that the person is not entitled to wages for

14  the work performed; and

15  (iii) the work performed:

16                   (I) supplements training given in an

17  educational environment that may enhance the

18  employability of the intern;

19                   (II) provides experience for the benefit of

20  the person performing the work;

21                   (III) does not displace regular employees;

22                   (IV) is performed under the close supervision

23  of existing staff; and

24                   (V) provides no immediate advantage to the

25  employer providing the training and may

26  occasionally impede the operations of the
    SB2394 Enrolled  - 2921 - LRB104 09208 AMC 19265 b

1   employer.

2   (2) "Employee" does not include:

3   (a) (Blank);

4   (b) Individuals employed by persons who are not

5   "employers" as defined by this Act;

6   (c) Elected public officials or the members of

7   their immediate personal staffs;

8   (d) Principal administrative officers of the State

9   or of any political subdivision, municipal corporation

10  or other governmental unit or agency;

11  (e) A person in a vocational rehabilitation

12  facility certified under federal law who has been

13  designated an evaluee, trainee, or work activity

14  client.

15  (B) Employer.

16  (1) "Employer" includes:

17  (a) Any person employing one or more employees

18  within Illinois during 20 or more calendar weeks

19  within the calendar year of or preceding the alleged

20  violation;

21  (b) Any person employing one or more employees

22  when a complainant alleges civil rights violation due

23  to unlawful discrimination based upon his or her

24  physical or mental disability unrelated to ability,

25  pregnancy, or sexual harassment;

26  (c) The State and any political subdivision,
    SB2394 Enrolled     - 2922 - LRB104 09208 AMC 19265 b

1   municipal corporation or other governmental unit or

2   agency, without regard to the number of employees;

3   (d) Any party to a public contract without regard

4   to the number of employees;

5   (e) A joint apprenticeship or training committee

6   without regard to the number of employees.

7   (2) "Employer" does not include any place of worship,

8   religious corporation, association, educational

9   institution, society, or nonprofit non-profit nursing

10  institution conducted by and for those who rely upon

11  treatment by prayer through spiritual means in accordance

12  with the tenets of a recognized church or religious

13  denomination with respect to the employment of individuals

14  of a particular religion to perform work connected with

15  the carrying on by such place of worship, corporation,

16  association, educational institution, society, or

17  nonprofit non-profit nursing institution of its

18  activities.

19  (C) Employment Agency. "Employment Agency" includes both

20 public and private employment agencies and any person, labor

21 organization, or labor union having a hiring hall or hiring

22 office regularly undertaking, with or without compensation, to

23 procure opportunities to work, or to procure, recruit, refer,

24 or place employees.

25  (D) Labor Organization. "Labor Organization" includes any

26 organization, labor union, craft union, or any voluntary
    SB2394 Enrolled  - 2923 - LRB104 09208 AMC 19265 b

1 unincorporated association designed to further the cause of

2 the rights of union labor which is constituted for the

3 purpose, in whole or in part, of collective bargaining or of

4 dealing with employers concerning grievances, terms or

5 conditions of employment, or apprenticeships or applications

6 for apprenticeships, or of other mutual aid or protection in

7 connection with employment, including apprenticeships or

8 applications for apprenticeships.

9   (E) Sexual Harassment. "Sexual harassment" means any

10 unwelcome sexual advances or requests for sexual favors or any

11 conduct of a sexual nature when (1) submission to such conduct

12 is made either explicitly or implicitly a term or condition of

13 an individual's employment, (2) submission to or rejection of

14 such conduct by an individual is used as the basis for

15 employment decisions affecting such individual, or (3) such

16 conduct has the purpose or effect of substantially interfering

17 with an individual's work performance or creating an

18 intimidating, hostile, or offensive working environment.

19  For purposes of this definition, the phrase "working

20 environment" is not limited to a physical location an employee

21 is assigned to perform his or her duties.

22  (E-1) Harassment. "Harassment" means any unwelcome conduct

23 on the basis of an individual's actual or perceived race,

24 color, religion, national origin, ancestry, age, sex, marital

25 status, order of protection status, disability, military

26 status, sexual orientation, pregnancy, unfavorable discharge
    SB2394 Enrolled  - 2924 - LRB104 09208 AMC 19265 b

1 from military service, citizenship status, work authorization

2 status, or family responsibilities that has the purpose or

3 effect of substantially interfering with the individual's work

4 performance or creating an intimidating, hostile, or offensive

5 working environment. For purposes of this definition, the

6 phrase "working environment" is not limited to a physical

7 location an employee is assigned to perform his or her duties.

8   (F) Religion. "Religion" with respect to employers

9 includes all aspects of religious observance and practice, as

10 well as belief, unless an employer demonstrates that he is

11 unable to reasonably accommodate an employee's or prospective

12 employee's religious observance or practice without undue

13 hardship on the conduct of the employer's business.

14  (G) Public Employer. "Public employer" means the State, an

15 agency or department thereof, unit of local government, school

16 district, instrumentality or political subdivision.

17  (H) Public Employee. "Public employee" means an employee

18 of the State, agency or department thereof, unit of local

19 government, school district, instrumentality or political

20 subdivision. "Public employee" does not include public

21 officers or employees of the General Assembly or agencies

22 thereof.

23  (I) Public Officer. "Public officer" means a person who is

24 elected to office pursuant to the Constitution or a statute or

25 ordinance, or who is appointed to an office which is

26 established, and the qualifications and duties of which are
    SB2394 Enrolled  - 2925 - LRB104 09208 AMC 19265 b

1 prescribed, by the Constitution or a statute or ordinance, to

2 discharge a public duty for the State, agency or department

3 thereof, unit of local government, school district,

4 instrumentality or political subdivision.

5   (J) Eligible Bidder. "Eligible bidder" means a person who,

6 prior to contract award or prior to bid opening for State

7 contracts for construction or construction-related services,

8 has filed with the Department a properly completed, sworn and

9 currently valid employer report form, pursuant to the

10 Department's regulations. The provisions of this Article

11 relating to eligible bidders apply only to bids on contracts

12 with the State and its departments, agencies, boards, and

13 commissions, and the provisions do not apply to bids on

14 contracts with units of local government or school districts.

15  (K) Citizenship Status. "Citizenship status" means the

16 status of being:

17  (1) a born U.S. citizen;

18  (2) a naturalized U.S. citizen;

19  (3) a U.S. national; or

20  (4) a person born outside the United States and not a

21  U.S. citizen who is lawfully present and who is protected

22  from discrimination under the provisions of Section 1324b

23  of Title 8 of the United States Code, as now or hereafter

24  amended.

25  (L) Work Authorization Status. "Work authorization status"

26 means the status of being a person born outside of the United
    SB2394 Enrolled  - 2926 - LRB104 09208 AMC 19265 b

1 States, and not a U.S. citizen, who is authorized by the

2 federal government to work in the United States.

3   (M) Family Responsibilities. "Family responsibilities"

4 means an employee's actual or perceived provision of personal

5 care to a family member. As used in this definition:

6   (1) "Personal care" has the meaning given to that term

7   in the Employee Sick Leave Act.

8   (2) "Family member" has the meaning given to the term

9   "covered family member" in the Employee Sick Leave Act.

10 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;

11 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; revised

12 10-7-24.)

13  (Text of Section after amendment by P.A. 103-804)

14  Sec. 2-101. Definitions. The following definitions are

15 applicable strictly in the context of this Article.

16  (A) Employee.

17  (1) "Employee" includes:

18            (a) Any individual performing services for

19  remuneration within this State for an employer;

20            (b) An apprentice;

21            (c) An applicant for any apprenticeship.

22  For purposes of subsection (D) of Section 2-102 of

23  this Act, "employee" also includes an unpaid intern. An

24  unpaid intern is a person who performs work for an

25  employer under the following circumstances:
    SB2394 Enrolled   - 2927 - LRB104 09208 AMC 19265 b

1   (i) the employer is not committed to hiring the

2   person performing the work at the conclusion of the

3   intern's tenure;

4   (ii) the employer and the person performing the

5   work agree that the person is not entitled to wages for

6   the work performed; and

7   (iii) the work performed:

8                    (I) supplements training given in an

9   educational environment that may enhance the

10  employability of the intern;

11                   (II) provides experience for the benefit of

12  the person performing the work;

13                   (III) does not displace regular employees;

14                   (IV) is performed under the close supervision

15  of existing staff; and

16                   (V) provides no immediate advantage to the

17  employer providing the training and may

18  occasionally impede the operations of the

19  employer.

20  (2) "Employee" does not include:

21  (a) (Blank);

22  (b) Individuals employed by persons who are not

23  "employers" as defined by this Act;

24  (c) Elected public officials or the members of

25  their immediate personal staffs;

26  (d) Principal administrative officers of the State
    SB2394 Enrolled  - 2928 - LRB104 09208 AMC 19265 b

1   or of any political subdivision, municipal corporation

2   or other governmental unit or agency;

3   (e) A person in a vocational rehabilitation

4   facility certified under federal law who has been

5   designated an evaluee, trainee, or work activity

6   client.

7   (B) Employer.

8   (1) "Employer" includes:

9   (a) Any person employing one or more employees

10  within Illinois during 20 or more calendar weeks

11  within the calendar year of or preceding the alleged

12  violation;

13  (b) Any person employing one or more employees

14  when a complainant alleges civil rights violation due

15  to unlawful discrimination based upon his or her

16  physical or mental disability unrelated to ability,

17  pregnancy, or sexual harassment;

18  (c) The State and any political subdivision,

19  municipal corporation or other governmental unit or

20  agency, without regard to the number of employees;

21  (d) Any party to a public contract without regard

22  to the number of employees;

23  (e) A joint apprenticeship or training committee

24  without regard to the number of employees.

25  (2) "Employer" does not include any place of worship,

26  religious corporation, association, educational
    SB2394 Enrolled     - 2929 - LRB104 09208 AMC 19265 b

1   institution, society, or nonprofit non-profit nursing

2   institution conducted by and for those who rely upon

3   treatment by prayer through spiritual means in accordance

4   with the tenets of a recognized church or religious

5   denomination with respect to the employment of individuals

6   of a particular religion to perform work connected with

7   the carrying on by such place of worship, corporation,

8   association, educational institution, society, or

9   nonprofit non-profit nursing institution of its

10  activities.

11  (C) Employment Agency. "Employment Agency" includes both

12 public and private employment agencies and any person, labor

13 organization, or labor union having a hiring hall or hiring

14 office regularly undertaking, with or without compensation, to

15 procure opportunities to work, or to procure, recruit, refer,

16 or place employees.

17  (D) Labor Organization. "Labor Organization" includes any

18 organization, labor union, craft union, or any voluntary

19 unincorporated association designed to further the cause of

20 the rights of union labor which is constituted for the

21 purpose, in whole or in part, of collective bargaining or of

22 dealing with employers concerning grievances, terms or

23 conditions of employment, or apprenticeships or applications

24 for apprenticeships, or of other mutual aid or protection in

25 connection with employment, including apprenticeships or

26 applications for apprenticeships.
    SB2394 Enrolled  - 2930 - LRB104 09208 AMC 19265 b

1   (E) Sexual Harassment. "Sexual harassment" means any

2 unwelcome sexual advances or requests for sexual favors or any

3 conduct of a sexual nature when (1) submission to such conduct

4 is made either explicitly or implicitly a term or condition of

5 an individual's employment, (2) submission to or rejection of

6 such conduct by an individual is used as the basis for

7 employment decisions affecting such individual, or (3) such

8 conduct has the purpose or effect of substantially interfering

9 with an individual's work performance or creating an

10 intimidating, hostile, or offensive working environment.

11  For purposes of this definition, the phrase "working

12 environment" is not limited to a physical location an employee

13 is assigned to perform his or her duties.

14  (E-1) Harassment. "Harassment" means any unwelcome conduct

15 on the basis of an individual's actual or perceived race,

16 color, religion, national origin, ancestry, age, sex, marital

17 status, order of protection status, disability, military

18 status, sexual orientation, pregnancy, unfavorable discharge

19 from military service, citizenship status, work authorization

20 status, or family responsibilities that has the purpose or

21 effect of substantially interfering with the individual's work

22 performance or creating an intimidating, hostile, or offensive

23 working environment. For purposes of this definition, the

24 phrase "working environment" is not limited to a physical

25 location an employee is assigned to perform his or her duties.

26  (F) Religion. "Religion" with respect to employers
    SB2394 Enrolled  - 2931 - LRB104 09208 AMC 19265 b

1 includes all aspects of religious observance and practice, as

2 well as belief, unless an employer demonstrates that he is

3 unable to reasonably accommodate an employee's or prospective

4 employee's religious observance or practice without undue

5 hardship on the conduct of the employer's business.

6   (G) Public Employer. "Public employer" means the State, an

7 agency or department thereof, unit of local government, school

8 district, instrumentality or political subdivision.

9   (H) Public Employee. "Public employee" means an employee

10 of the State, agency or department thereof, unit of local

11 government, school district, instrumentality or political

12 subdivision. "Public employee" does not include public

13 officers or employees of the General Assembly or agencies

14 thereof.

15  (I) Public Officer. "Public officer" means a person who is

16 elected to office pursuant to the Constitution or a statute or

17 ordinance, or who is appointed to an office which is

18 established, and the qualifications and duties of which are

19 prescribed, by the Constitution or a statute or ordinance, to

20 discharge a public duty for the State, agency or department

21 thereof, unit of local government, school district,

22 instrumentality or political subdivision.

23  (J) Eligible Bidder. "Eligible bidder" means a person who,

24 prior to contract award or prior to bid opening for State

25 contracts for construction or construction-related services,

26 has filed with the Department a properly completed, sworn and
    SB2394 Enrolled  - 2932 - LRB104 09208 AMC 19265 b

1 currently valid employer report form, pursuant to the

2 Department's regulations. The provisions of this Article

3 relating to eligible bidders apply only to bids on contracts

4 with the State and its departments, agencies, boards, and

5 commissions, and the provisions do not apply to bids on

6 contracts with units of local government or school districts.

7   (K) Citizenship Status. "Citizenship status" means the

8 status of being:

9   (1) a born U.S. citizen;

10  (2) a naturalized U.S. citizen;

11  (3) a U.S. national; or

12  (4) a person born outside the United States and not a

13  U.S. citizen who is lawfully present and who is protected

14  from discrimination under the provisions of Section 1324b

15  of Title 8 of the United States Code, as now or hereafter

16  amended.

17  (L) Work Authorization Status. "Work authorization status"

18 means the status of being a person born outside of the United

19 States, and not a U.S. citizen, who is authorized by the

20 federal government to work in the United States.

21  (M) Family Responsibilities. "Family responsibilities"

22 means an employee's actual or perceived provision of personal

23 care to a family member. As used in this definition:

24  (1) "Personal care" has the meaning given to that term

25  in the Employee Sick Leave Act.

26  (2) "Family member" has the meaning given to the term
    SB2394 Enrolled            - 2933 - LRB104 09208 AMC 19265 b

1   "covered family member" in the Employee Sick Leave Act.

2   (N) (M) Artificial Intelligence. "Artificial intelligence"

3 means a machine-based system that, for explicit or implicit

4 objectives, infers, from the input it receives, how to

5 generate outputs such as predictions, content,

6 recommendations, or decisions that can influence physical or

7 virtual environments. "Artificial intelligence" includes

8 generative artificial intelligence.

9   (O) (N) Generative Artificial Intelligence. "Generative

10 artificial intelligence" means an automated computing system

11 that, when prompted with human prompts, descriptions, or

12 queries, can produce outputs that simulate human-produced

13 content, including, but not limited to, the following: (1)

14 textual outputs, such as short answers, essays, poetry, or

15 longer compositions or answers; (2) image outputs, such as

16 fine art, photographs, conceptual art, diagrams, and other

17 images; (3) multimedia outputs, such as audio or video in the

18 form of compositions, songs, or short-form or long-form audio

19 or video; and (4) other content that would be otherwise

20 produced by human means.

21 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;

22 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; 103-804, eff.

23 1-1-26; revised 11-26-24.)

24  (775 ILCS 5/2-102)

25  (Text of Section before amendment by P.A. 103-804)
    SB2394 Enrolled       - 2934 - LRB104 09208 AMC 19265 b

1   Sec. 2-102. Civil rights violations; employment violations

2 - employment. It is a civil rights violation:

3   (A) Employers. For any employer to refuse to hire, to

4   segregate, to engage in harassment as defined in

5   subsection (E-1) of Section 2-101, or to act with respect

6   to recruitment, hiring, promotion, renewal of employment,

7   selection for training or apprenticeship, discharge,

8   discipline, tenure or terms, privileges or conditions of

9   employment on the basis of unlawful discrimination,

10  citizenship status, work authorization status, or family

11  responsibilities. An employer is responsible for

12  harassment by the employer's nonmanagerial and

13  nonsupervisory employees only if the employer becomes

14  aware of the conduct and fails to take reasonable

15  corrective measures.

16  (A-5) Language. For an employer to impose a

17  restriction that has the effect of prohibiting a language

18  from being spoken by an employee in communications that

19  are unrelated to the employee's duties.

20  For the purposes of this subdivision (A-5), "language"

21  means a person's native tongue, such as Polish, Spanish,

22  or Chinese. "Language" does not include such things as

23  slang, jargon, profanity, or vulgarity.

24  (A-10) Harassment of nonemployees. For any employer,

25  employment agency, or labor organization to engage in

26  harassment of nonemployees in the workplace. An employer
    SB2394 Enrolled  - 2935 - LRB104 09208 AMC 19265 b

1   is responsible for harassment of nonemployees by the

2   employer's nonmanagerial and nonsupervisory employees only

3   if the employer becomes aware of the conduct and fails to

4   take reasonable corrective measures. For the purposes of

5   this subdivision (A-10), "nonemployee" means a person who

6   is not otherwise an employee of the employer and is

7   directly performing services for the employer pursuant to

8   a contract with that employer. "Nonemployee" includes

9   contractors and consultants. This subdivision applies to

10  harassment occurring on or after January 1, 2020 (the

11  effective date of Public Act 101-221) this amendatory Act

12  of the 101st General Assembly.

13  (B) Employment agency. For any employment agency to

14  fail or refuse to classify properly, accept applications

15  and register for employment referral or apprenticeship

16  referral, refer for employment, or refer for

17  apprenticeship on the basis of unlawful discrimination,

18  citizenship status, work authorization status, or family

19  responsibilities or to accept from any person any job

20  order, requisition or request for referral of applicants

21  for employment or apprenticeship which makes or has the

22  effect of making unlawful discrimination or discrimination

23  on the basis of citizenship status, work authorization

24  status, or family responsibilities a condition of

25  referral.

26  (C) Labor organization. For any labor organization to
    SB2394 Enrolled  - 2936 - LRB104 09208 AMC 19265 b

1   limit, segregate or classify its membership, or to limit

2   employment opportunities, selection and training for

3   apprenticeship in any trade or craft, or otherwise to

4   take, or fail to take, any action which affects adversely

5   any person's status as an employee or as an applicant for

6   employment or as an apprentice, or as an applicant for

7   apprenticeships, or wages, tenure, hours of employment or

8   apprenticeship conditions on the basis of unlawful

9   discrimination, citizenship status, work authorization

10  status, or family responsibilities.

11  (D) Sexual harassment. For any employer, employee,

12  agent of any employer, employment agency or labor

13  organization to engage in sexual harassment; provided,

14  that an employer shall be responsible for sexual

15  harassment of the employer's employees by nonemployees or

16  nonmanagerial and nonsupervisory employees only if the

17  employer becomes aware of the conduct and fails to take

18  reasonable corrective measures.

19  (D-5) Sexual harassment of nonemployees. For any

20  employer, employee, agent of any employer, employment

21  agency, or labor organization to engage in sexual

22  harassment of nonemployees in the workplace. An employer

23  is responsible for sexual harassment of nonemployees by

24  the employer's nonmanagerial and nonsupervisory employees

25  only if the employer becomes aware of the conduct and

26  fails to take reasonable corrective measures. For the
    SB2394 Enrolled  - 2937 - LRB104 09208 AMC 19265 b

1   purposes of this subdivision (D-5), "nonemployee" means a

2   person who is not otherwise an employee of the employer

3   and is directly performing services for the employer

4   pursuant to a contract with that employer. "Nonemployee"

5   includes contractors and consultants. This subdivision

6   applies to sexual harassment occurring on or after January

7   1, 2020 (the effective date of Public Act 101-221) this

8   amendatory Act of the 101st General Assembly.

9   (E) Public employers. For any public employer to

10  refuse to permit a public employee under its jurisdiction

11  who takes time off from work in order to practice his or

12  her religious beliefs to engage in work, during hours

13  other than such employee's regular working hours,

14  consistent with the operational needs of the employer and

15  in order to compensate for work time lost for such

16  religious reasons. Any employee who elects such deferred

17  work shall be compensated at the wage rate which he or she

18  would have earned during the originally scheduled work

19  period. The employer may require that an employee who

20  plans to take time off from work in order to practice his

21  or her religious beliefs provide the employer with a

22  notice of his or her intention to be absent from work not

23  exceeding 5 days prior to the date of absence.

24  (E-5) Religious discrimination. For any employer to

25  impose upon a person as a condition of obtaining or

26  retaining employment, including opportunities for
    SB2394 Enrolled     - 2938 - LRB104 09208 AMC 19265 b

1   promotion, advancement, or transfer, any terms or

2   conditions that would require such person to violate or

3   forgo a sincerely held practice of his or her religion

4   including, but not limited to, the wearing of any attire,

5   clothing, or facial hair in accordance with the

6   requirements of his or her religion, unless, after

7   engaging in a bona fide effort, the employer demonstrates

8   that it is unable to reasonably accommodate the employee's

9   or prospective employee's sincerely held religious belief,

10  practice, or observance without undue hardship on the

11  conduct of the employer's business.

12  Nothing in this Section prohibits an employer from

13  enacting a dress code or grooming policy that may include

14  restrictions on attire, clothing, or facial hair to

15  maintain workplace safety or food sanitation.

16  (F) Training and apprenticeship programs. For any

17  employer, employment agency or labor organization to

18  discriminate against a person on the basis of age in the

19  selection, referral for or conduct of apprenticeship or

20  training programs.

21  (G) Immigration-related practices.

22  (1) for an employer to request for purposes of

23  satisfying the requirements of Section 1324a(b) of

24  Title 8 of the United States Code, as now or hereafter

25  amended, more or different documents than are required

26  under such Section or to refuse to honor documents
    SB2394 Enrolled  - 2939 - LRB104 09208 AMC 19265 b

1   tendered that on their face reasonably appear to be

2   genuine or to refuse to honor work authorization based

3   upon the specific status or term of status that

4   accompanies the authorization to work; or

5   (2) for an employer participating in the E-Verify

6   Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot

7   Programs for Employment Eligibility Confirmation

8   (enacted by PL 104-208, div. C title IV, subtitle A) to

9   refuse to hire, to segregate, or to act with respect to

10  recruitment, hiring, promotion, renewal of employment,

11  selection for training or apprenticeship, discharge,

12  discipline, tenure or terms, privileges or conditions

13  of employment without following the procedures under

14  the E-Verify Program.

15  (H) (Blank).

16  (I) Pregnancy. For an employer to refuse to hire, to

17  segregate, or to act with respect to recruitment, hiring,

18  promotion, renewal of employment, selection for training

19  or apprenticeship, discharge, discipline, tenure or terms,

20  privileges or conditions of employment on the basis of

21  pregnancy, childbirth, or medical or common conditions

22  related to pregnancy or childbirth. Women affected by

23  pregnancy, childbirth, or medical or common conditions

24  related to pregnancy or childbirth shall be treated the

25  same for all employment-related purposes, including

26  receipt of benefits under fringe benefit programs, as
    SB2394 Enrolled  - 2940 - LRB104 09208 AMC 19265 b

1   other persons not so affected but similar in their ability

2   or inability to work, regardless of the source of the

3   inability to work or employment classification or status.

4   (J) Pregnancy; reasonable accommodations.

5   (1) If after a job applicant or employee,

6   including a part-time, full-time, or probationary

7   employee, requests a reasonable accommodation, for an

8   employer to not make reasonable accommodations for any

9   medical or common condition of a job applicant or

10  employee related to pregnancy or childbirth, unless

11  the employer can demonstrate that the accommodation

12  would impose an undue hardship on the ordinary

13  operation of the business of the employer. The

14  employer may request documentation from the employee's

15  health care provider concerning the need for the

16  requested reasonable accommodation or accommodations

17  to the same extent documentation is requested for

18  conditions related to disability if the employer's

19  request for documentation is job-related and

20  consistent with business necessity. The employer may

21  require only the medical justification for the

22  requested accommodation or accommodations, a

23  description of the reasonable accommodation or

24  accommodations medically advisable, the date the

25  reasonable accommodation or accommodations became

26  medically advisable, and the probable duration of the
    SB2394 Enrolled  - 2941 - LRB104 09208 AMC 19265 b

1   reasonable accommodation or accommodations. It is the

2   duty of the individual seeking a reasonable

3   accommodation or accommodations to submit to the

4   employer any documentation that is requested in

5   accordance with this paragraph. Notwithstanding the

6   provisions of this paragraph, the employer may require

7   documentation by the employee's health care provider

8   to determine compliance with other laws. The employee

9   and employer shall engage in a timely, good faith, and

10  meaningful exchange to determine effective reasonable

11  accommodations.

12  (2) For an employer to deny employment

13  opportunities or benefits to or take adverse action

14  against an otherwise qualified job applicant or

15  employee, including a part-time, full-time, or

16  probationary employee, if the denial or adverse action

17  is based on the need of the employer to make reasonable

18  accommodations to the known medical or common

19  conditions related to the pregnancy or childbirth of

20  the applicant or employee.

21  (3) For an employer to require a job applicant or

22  employee, including a part-time, full-time, or

23  probationary employee, affected by pregnancy,

24  childbirth, or medical or common conditions related to

25  pregnancy or childbirth to accept an accommodation

26  when the applicant or employee did not request an
    SB2394 Enrolled  - 2942 - LRB104 09208 AMC 19265 b

1   accommodation and the applicant or employee chooses

2   not to accept the employer's accommodation.

3   (4) For an employer to require an employee,

4   including a part-time, full-time, or probationary

5   employee, to take leave under any leave law or policy

6   of the employer if another reasonable accommodation

7   can be provided to the known medical or common

8   conditions related to the pregnancy or childbirth of

9   an employee. No employer shall fail or refuse to

10  reinstate the employee affected by pregnancy,

11  childbirth, or medical or common conditions related to

12  pregnancy or childbirth to her original job or to an

13  equivalent position with equivalent pay and

14  accumulated seniority, retirement, fringe benefits,

15  and other applicable service credits upon her

16  signifying her intent to return or when her need for

17  reasonable accommodation ceases, unless the employer

18  can demonstrate that the accommodation would impose an

19  undue hardship on the ordinary operation of the

20  business of the employer.

21  For the purposes of this subdivision (J), "reasonable

22  accommodations" means reasonable modifications or

23  adjustments to the job application process or work

24  environment, or to the manner or circumstances under which

25  the position desired or held is customarily performed,

26  that enable an applicant or employee affected by
    SB2394 Enrolled  - 2943 - LRB104 09208 AMC 19265 b

1   pregnancy, childbirth, or medical or common conditions

2   related to pregnancy or childbirth to be considered for

3   the position the applicant desires or to perform the

4   essential functions of that position, and may include, but

5   is not limited to: more frequent or longer bathroom

6   breaks, breaks for increased water intake, and breaks for

7   periodic rest; private non-bathroom space for expressing

8   breast milk and breastfeeding; seating; assistance with

9   manual labor; light duty; temporary transfer to a less

10  strenuous or hazardous position; the provision of an

11  accessible worksite; acquisition or modification of

12  equipment; job restructuring; a part-time or modified work

13  schedule; appropriate adjustment or modifications of

14  examinations, training materials, or policies;

15  reassignment to a vacant position; time off to recover

16  from conditions related to childbirth; and leave

17  necessitated by pregnancy, childbirth, or medical or

18  common conditions resulting from pregnancy or childbirth.

19  For the purposes of this subdivision (J), "undue

20  hardship" means an action that is prohibitively expensive

21  or disruptive when considered in light of the following

22  factors: (i) the nature and cost of the accommodation

23  needed; (ii) the overall financial resources of the

24  facility or facilities involved in the provision of the

25  reasonable accommodation, the number of persons employed

26  at the facility, the effect on expenses and resources, or
    SB2394 Enrolled  - 2944 - LRB104 09208 AMC 19265 b

1   the impact otherwise of the accommodation upon the

2   operation of the facility; (iii) the overall financial

3   resources of the employer, the overall size of the

4   business of the employer with respect to the number of its

5   employees, and the number, type, and location of its

6   facilities; and (iv) the type of operation or operations

7   of the employer, including the composition, structure, and

8   functions of the workforce of the employer, the geographic

9   separateness, administrative, or fiscal relationship of

10  the facility or facilities in question to the employer.

11  The employer has the burden of proving undue hardship. The

12  fact that the employer provides or would be required to

13  provide a similar accommodation to similarly situated

14  employees creates a rebuttable presumption that the

15  accommodation does not impose an undue hardship on the

16  employer.

17  No employer is required by this subdivision (J) to

18  create additional employment that the employer would not

19  otherwise have created, unless the employer does so or

20  would do so for other classes of employees who need

21  accommodation. The employer is not required to discharge

22  any employee, transfer any employee with more seniority,

23  or promote any employee who is not qualified to perform

24  the job, unless the employer does so or would do so to

25  accommodate other classes of employees who need it.

26  (K) Notice.
    SB2394 Enrolled   - 2945 - LRB104 09208 AMC 19265 b

1   (1) For an employer to fail to post or keep posted

2   in a conspicuous location on the premises of the

3   employer where notices to employees are customarily

4   posted, or fail to include in any employee handbook

5   information concerning an employee's rights under this

6   Article, a notice, to be prepared or approved by the

7   Department, summarizing the requirements of this

8   Article and information pertaining to the filing of a

9   charge, including the right to be free from unlawful

10  discrimination, the right to be free from sexual

11  harassment, and the right to certain reasonable

12  accommodations. The Department shall make the

13  documents required under this paragraph available for

14  retrieval from the Department's website.

15  (2) Upon notification of a violation of paragraph

16  (1) of this subdivision (K), the Department may launch

17  a preliminary investigation. If the Department finds a

18  violation, the Department may issue a notice to show

19  cause giving the employer 30 days to correct the

20  violation. If the violation is not corrected, the

21  Department may initiate a charge of a civil rights

22  violation.

23 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;

24 revised 10-7-24.)

25  (Text of Section after amendment by P.A. 103-804)
    SB2394 Enrolled       - 2946 - LRB104 09208 AMC 19265 b

1   Sec. 2-102. Civil rights violations; employment violations

2 - employment. It is a civil rights violation:

3   (A) Employers. For any employer to refuse to hire, to

4   segregate, to engage in harassment as defined in

5   subsection (E-1) of Section 2-101, or to act with respect

6   to recruitment, hiring, promotion, renewal of employment,

7   selection for training or apprenticeship, discharge,

8   discipline, tenure or terms, privileges or conditions of

9   employment on the basis of unlawful discrimination,

10  citizenship status, work authorization status, or family

11  responsibilities. An employer is responsible for

12  harassment by the employer's nonmanagerial and

13  nonsupervisory employees only if the employer becomes

14  aware of the conduct and fails to take reasonable

15  corrective measures.

16  (A-5) Language. For an employer to impose a

17  restriction that has the effect of prohibiting a language

18  from being spoken by an employee in communications that

19  are unrelated to the employee's duties.

20  For the purposes of this subdivision (A-5), "language"

21  means a person's native tongue, such as Polish, Spanish,

22  or Chinese. "Language" does not include such things as

23  slang, jargon, profanity, or vulgarity.

24  (A-10) Harassment of nonemployees. For any employer,

25  employment agency, or labor organization to engage in

26  harassment of nonemployees in the workplace. An employer
    SB2394 Enrolled  - 2947 - LRB104 09208 AMC 19265 b

1   is responsible for harassment of nonemployees by the

2   employer's nonmanagerial and nonsupervisory employees only

3   if the employer becomes aware of the conduct and fails to

4   take reasonable corrective measures. For the purposes of

5   this subdivision (A-10), "nonemployee" means a person who

6   is not otherwise an employee of the employer and is

7   directly performing services for the employer pursuant to

8   a contract with that employer. "Nonemployee" includes

9   contractors and consultants. This subdivision applies to

10  harassment occurring on or after January 1, 2020 (the

11  effective date of Public Act 101-221) this amendatory Act

12  of the 101st General Assembly.

13  (B) Employment agency. For any employment agency to

14  fail or refuse to classify properly, accept applications

15  and register for employment referral or apprenticeship

16  referral, refer for employment, or refer for

17  apprenticeship on the basis of unlawful discrimination,

18  citizenship status, work authorization status, or family

19  responsibilities or to accept from any person any job

20  order, requisition or request for referral of applicants

21  for employment or apprenticeship which makes or has the

22  effect of making unlawful discrimination or discrimination

23  on the basis of citizenship status, work authorization

24  status, or family responsibilities a condition of

25  referral.

26  (C) Labor organization. For any labor organization to
    SB2394 Enrolled  - 2948 - LRB104 09208 AMC 19265 b

1   limit, segregate or classify its membership, or to limit

2   employment opportunities, selection and training for

3   apprenticeship in any trade or craft, or otherwise to

4   take, or fail to take, any action which affects adversely

5   any person's status as an employee or as an applicant for

6   employment or as an apprentice, or as an applicant for

7   apprenticeships, or wages, tenure, hours of employment or

8   apprenticeship conditions on the basis of unlawful

9   discrimination, citizenship status, work authorization

10  status, or family responsibilities.

11  (D) Sexual harassment. For any employer, employee,

12  agent of any employer, employment agency or labor

13  organization to engage in sexual harassment; provided,

14  that an employer shall be responsible for sexual

15  harassment of the employer's employees by nonemployees or

16  nonmanagerial and nonsupervisory employees only if the

17  employer becomes aware of the conduct and fails to take

18  reasonable corrective measures.

19  (D-5) Sexual harassment of nonemployees. For any

20  employer, employee, agent of any employer, employment

21  agency, or labor organization to engage in sexual

22  harassment of nonemployees in the workplace. An employer

23  is responsible for sexual harassment of nonemployees by

24  the employer's nonmanagerial and nonsupervisory employees

25  only if the employer becomes aware of the conduct and

26  fails to take reasonable corrective measures. For the
    SB2394 Enrolled  - 2949 - LRB104 09208 AMC 19265 b

1   purposes of this subdivision (D-5), "nonemployee" means a

2   person who is not otherwise an employee of the employer

3   and is directly performing services for the employer

4   pursuant to a contract with that employer. "Nonemployee"

5   includes contractors and consultants. This subdivision

6   applies to sexual harassment occurring on or after January

7   1, 2020 (the effective date of Public Act 101-221) this

8   amendatory Act of the 101st General Assembly.

9   (E) Public employers. For any public employer to

10  refuse to permit a public employee under its jurisdiction

11  who takes time off from work in order to practice his or

12  her religious beliefs to engage in work, during hours

13  other than such employee's regular working hours,

14  consistent with the operational needs of the employer and

15  in order to compensate for work time lost for such

16  religious reasons. Any employee who elects such deferred

17  work shall be compensated at the wage rate which he or she

18  would have earned during the originally scheduled work

19  period. The employer may require that an employee who

20  plans to take time off from work in order to practice his

21  or her religious beliefs provide the employer with a

22  notice of his or her intention to be absent from work not

23  exceeding 5 days prior to the date of absence.

24  (E-5) Religious discrimination. For any employer to

25  impose upon a person as a condition of obtaining or

26  retaining employment, including opportunities for
    SB2394 Enrolled     - 2950 - LRB104 09208 AMC 19265 b

1   promotion, advancement, or transfer, any terms or

2   conditions that would require such person to violate or

3   forgo a sincerely held practice of his or her religion

4   including, but not limited to, the wearing of any attire,

5   clothing, or facial hair in accordance with the

6   requirements of his or her religion, unless, after

7   engaging in a bona fide effort, the employer demonstrates

8   that it is unable to reasonably accommodate the employee's

9   or prospective employee's sincerely held religious belief,

10  practice, or observance without undue hardship on the

11  conduct of the employer's business.

12  Nothing in this Section prohibits an employer from

13  enacting a dress code or grooming policy that may include

14  restrictions on attire, clothing, or facial hair to

15  maintain workplace safety or food sanitation.

16  (F) Training and apprenticeship programs. For any

17  employer, employment agency or labor organization to

18  discriminate against a person on the basis of age in the

19  selection, referral for or conduct of apprenticeship or

20  training programs.

21  (G) Immigration-related practices.

22  (1) for an employer to request for purposes of

23  satisfying the requirements of Section 1324a(b) of

24  Title 8 of the United States Code, as now or hereafter

25  amended, more or different documents than are required

26  under such Section or to refuse to honor documents
    SB2394 Enrolled  - 2951 - LRB104 09208 AMC 19265 b

1   tendered that on their face reasonably appear to be

2   genuine or to refuse to honor work authorization based

3   upon the specific status or term of status that

4   accompanies the authorization to work; or

5   (2) for an employer participating in the E-Verify

6   Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot

7   Programs for Employment Eligibility Confirmation

8   (enacted by PL 104-208, div. C title IV, subtitle A) to

9   refuse to hire, to segregate, or to act with respect to

10  recruitment, hiring, promotion, renewal of employment,

11  selection for training or apprenticeship, discharge,

12  discipline, tenure or terms, privileges or conditions

13  of employment without following the procedures under

14  the E-Verify Program.

15  (H) (Blank).

16  (I) Pregnancy. For an employer to refuse to hire, to

17  segregate, or to act with respect to recruitment, hiring,

18  promotion, renewal of employment, selection for training

19  or apprenticeship, discharge, discipline, tenure or terms,

20  privileges or conditions of employment on the basis of

21  pregnancy, childbirth, or medical or common conditions

22  related to pregnancy or childbirth. Women affected by

23  pregnancy, childbirth, or medical or common conditions

24  related to pregnancy or childbirth shall be treated the

25  same for all employment-related purposes, including

26  receipt of benefits under fringe benefit programs, as
    SB2394 Enrolled  - 2952 - LRB104 09208 AMC 19265 b

1   other persons not so affected but similar in their ability

2   or inability to work, regardless of the source of the

3   inability to work or employment classification or status.

4   (J) Pregnancy; reasonable accommodations.

5   (1) If after a job applicant or employee,

6   including a part-time, full-time, or probationary

7   employee, requests a reasonable accommodation, for an

8   employer to not make reasonable accommodations for any

9   medical or common condition of a job applicant or

10  employee related to pregnancy or childbirth, unless

11  the employer can demonstrate that the accommodation

12  would impose an undue hardship on the ordinary

13  operation of the business of the employer. The

14  employer may request documentation from the employee's

15  health care provider concerning the need for the

16  requested reasonable accommodation or accommodations

17  to the same extent documentation is requested for

18  conditions related to disability if the employer's

19  request for documentation is job-related and

20  consistent with business necessity. The employer may

21  require only the medical justification for the

22  requested accommodation or accommodations, a

23  description of the reasonable accommodation or

24  accommodations medically advisable, the date the

25  reasonable accommodation or accommodations became

26  medically advisable, and the probable duration of the
    SB2394 Enrolled  - 2953 - LRB104 09208 AMC 19265 b

1   reasonable accommodation or accommodations. It is the

2   duty of the individual seeking a reasonable

3   accommodation or accommodations to submit to the

4   employer any documentation that is requested in

5   accordance with this paragraph. Notwithstanding the

6   provisions of this paragraph, the employer may require

7   documentation by the employee's health care provider

8   to determine compliance with other laws. The employee

9   and employer shall engage in a timely, good faith, and

10  meaningful exchange to determine effective reasonable

11  accommodations.

12  (2) For an employer to deny employment

13  opportunities or benefits to or take adverse action

14  against an otherwise qualified job applicant or

15  employee, including a part-time, full-time, or

16  probationary employee, if the denial or adverse action

17  is based on the need of the employer to make reasonable

18  accommodations to the known medical or common

19  conditions related to the pregnancy or childbirth of

20  the applicant or employee.

21  (3) For an employer to require a job applicant or

22  employee, including a part-time, full-time, or

23  probationary employee, affected by pregnancy,

24  childbirth, or medical or common conditions related to

25  pregnancy or childbirth to accept an accommodation

26  when the applicant or employee did not request an
    SB2394 Enrolled  - 2954 - LRB104 09208 AMC 19265 b

1   accommodation and the applicant or employee chooses

2   not to accept the employer's accommodation.

3   (4) For an employer to require an employee,

4   including a part-time, full-time, or probationary

5   employee, to take leave under any leave law or policy

6   of the employer if another reasonable accommodation

7   can be provided to the known medical or common

8   conditions related to the pregnancy or childbirth of

9   an employee. No employer shall fail or refuse to

10  reinstate the employee affected by pregnancy,

11  childbirth, or medical or common conditions related to

12  pregnancy or childbirth to her original job or to an

13  equivalent position with equivalent pay and

14  accumulated seniority, retirement, fringe benefits,

15  and other applicable service credits upon her

16  signifying her intent to return or when her need for

17  reasonable accommodation ceases, unless the employer

18  can demonstrate that the accommodation would impose an

19  undue hardship on the ordinary operation of the

20  business of the employer.

21  For the purposes of this subdivision (J), "reasonable

22  accommodations" means reasonable modifications or

23  adjustments to the job application process or work

24  environment, or to the manner or circumstances under which

25  the position desired or held is customarily performed,

26  that enable an applicant or employee affected by
    SB2394 Enrolled  - 2955 - LRB104 09208 AMC 19265 b

1   pregnancy, childbirth, or medical or common conditions

2   related to pregnancy or childbirth to be considered for

3   the position the applicant desires or to perform the

4   essential functions of that position, and may include, but

5   is not limited to: more frequent or longer bathroom

6   breaks, breaks for increased water intake, and breaks for

7   periodic rest; private non-bathroom space for expressing

8   breast milk and breastfeeding; seating; assistance with

9   manual labor; light duty; temporary transfer to a less

10  strenuous or hazardous position; the provision of an

11  accessible worksite; acquisition or modification of

12  equipment; job restructuring; a part-time or modified work

13  schedule; appropriate adjustment or modifications of

14  examinations, training materials, or policies;

15  reassignment to a vacant position; time off to recover

16  from conditions related to childbirth; and leave

17  necessitated by pregnancy, childbirth, or medical or

18  common conditions resulting from pregnancy or childbirth.

19  For the purposes of this subdivision (J), "undue

20  hardship" means an action that is prohibitively expensive

21  or disruptive when considered in light of the following

22  factors: (i) the nature and cost of the accommodation

23  needed; (ii) the overall financial resources of the

24  facility or facilities involved in the provision of the

25  reasonable accommodation, the number of persons employed

26  at the facility, the effect on expenses and resources, or
    SB2394 Enrolled  - 2956 - LRB104 09208 AMC 19265 b

1   the impact otherwise of the accommodation upon the

2   operation of the facility; (iii) the overall financial

3   resources of the employer, the overall size of the

4   business of the employer with respect to the number of its

5   employees, and the number, type, and location of its

6   facilities; and (iv) the type of operation or operations

7   of the employer, including the composition, structure, and

8   functions of the workforce of the employer, the geographic

9   separateness, administrative, or fiscal relationship of

10  the facility or facilities in question to the employer.

11  The employer has the burden of proving undue hardship. The

12  fact that the employer provides or would be required to

13  provide a similar accommodation to similarly situated

14  employees creates a rebuttable presumption that the

15  accommodation does not impose an undue hardship on the

16  employer.

17  No employer is required by this subdivision (J) to

18  create additional employment that the employer would not

19  otherwise have created, unless the employer does so or

20  would do so for other classes of employees who need

21  accommodation. The employer is not required to discharge

22  any employee, transfer any employee with more seniority,

23  or promote any employee who is not qualified to perform

24  the job, unless the employer does so or would do so to

25  accommodate other classes of employees who need it.

26  (K) Notice.
    SB2394 Enrolled  - 2957 - LRB104 09208 AMC 19265 b

1   (1) For an employer to fail to post or keep posted

2   in a conspicuous location on the premises of the

3   employer where notices to employees are customarily

4   posted, or fail to include in any employee handbook

5   information concerning an employee's rights under this

6   Article, a notice, to be prepared or approved by the

7   Department, summarizing the requirements of this

8   Article and information pertaining to the filing of a

9   charge, including the right to be free from unlawful

10  discrimination, the right to be free from sexual

11  harassment, and the right to certain reasonable

12  accommodations. The Department shall make the

13  documents required under this paragraph available for

14  retrieval from the Department's website.

15  (2) Upon notification of a violation of paragraph

16  (1) of this subdivision (K), the Department may launch

17  a preliminary investigation. If the Department finds a

18  violation, the Department may issue a notice to show

19  cause giving the employer 30 days to correct the

20  violation. If the violation is not corrected, the

21  Department may initiate a charge of a civil rights

22  violation.

23  (L) Use of artificial intelligence.

24  (1) With respect to recruitment, hiring,

25  promotion, renewal of employment, selection for

26  training or apprenticeship, discharge, discipline,
    SB2394 Enrolled           - 2958 - LRB104 09208 AMC 19265 b

1   tenure, or the terms, privileges, or conditions of

2   employment, for an employer to use artificial

3   intelligence that has the effect of subjecting

4   employees to discrimination on the basis of protected

5   classes under this Article or to use zip codes as a

6   proxy for protected classes under this Article.

7   (2) For an employer to fail to provide notice to an

8   employee that the employer is using artificial

9   intelligence for the purposes described in paragraph

10  (1).

11  The Department shall adopt any rules necessary for the

12  implementation and enforcement of this subdivision,

13  including, but not limited to, rules on the circumstances

14  and conditions that require notice, the time period for

15  providing notice, and the means for providing notice.

16 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;

17 103-804, eff. 1-1-26; revised 11-26-24.)

18  (775 ILCS 5/2-108)

19  (Section scheduled to be repealed on January 1, 2030)

20  Sec. 2-108. Employer disclosure requirements.

21  (A) Definitions. The following definitions are applicable

22 strictly to this Section:

23  (1) "Employer" means:

24  (a) any person employing one or more employees

25  within this State;
    SB2394 Enrolled  - 2959 - LRB104 09208 AMC 19265 b

1   (b) a labor organization; or

2   (c) the State and any political subdivision,

3   municipal corporation, or other governmental unit or

4   agency, without regard to the number of employees.

5   (2) "Settlement" means any written commitment or

6   written agreement, including any agreed judgment,

7   stipulation, decree, agreement to settle, assurance of

8   discontinuance, or otherwise between an employee, as

9   defined by subsection (A) of Section 2-101, or a

10  nonemployee to whom an employer owes a duty under this Act

11  pursuant to subsection (A-10) or (D-5) of Section 2-102,

12  and an employer under which the employer directly or

13  indirectly provides to an individual compensation or other

14  consideration due to an allegation that the individual has

15  been a victim of sexual harassment or unlawful

16  discrimination under this Act.

17  (3) "Adverse judgment or administrative ruling" means

18  any final and non-appealable adverse judgment or final and

19  non-appealable administrative ruling entered in favor of

20  an employee as defined by subsection (A) of Section 2-101

21  or a nonemployee to whom an employer owes a duty under this

22  Act pursuant to subsection (A-10) or (D-5) of Section

23  2-102, and against the employer during the preceding year

24  in which there was a finding of sexual harassment or

25  unlawful discrimination brought under this Act, Title VII

26  of the Civil Rights Act of 1964, or any other federal,
    SB2394 Enrolled        - 2960 - LRB104 09208 AMC 19265 b

1   State, or local law prohibiting sexual harassment or

2   unlawful discrimination.

3   (B) Required disclosures. Beginning July 1, 2020, and by

4 each July 1 thereafter, each employer that had an adverse

5 judgment or administrative ruling against it in the preceding

6 calendar year, as provided in this Section, shall disclose

7 annually to the Department of Human Rights the following

8 information:

9   (1) the total number of adverse judgments or

10  administrative rulings during the preceding year;

11  (2) whether any equitable relief was ordered against

12  the employer in any adverse judgment or administrative

13  ruling described in paragraph (1);

14  (3) how many adverse judgments or administrative

15  rulings described in paragraph (1) are in each of the

16  following categories:

17  (a) sexual harassment;

18  (b) discrimination or harassment on the basis of

19  sex;

20  (c) discrimination or harassment on the basis of

21  race, color, or national origin;

22  (d) discrimination or harassment on the basis of

23  religion;

24  (e) discrimination or harassment on the basis of

25  age;

26  (f) discrimination or harassment on the basis of
    SB2394 Enrolled      - 2961 - LRB104 09208 AMC 19265 b

1   disability;

2   (g) discrimination or harassment on the basis of

3   military status or unfavorable discharge from military

4   status;

5   (h) discrimination or harassment on the basis of

6   sexual orientation or gender identity; and

7   (i) discrimination or harassment on the basis of

8   any other characteristic protected under this Act.

9   (C) Settlements. If the Department is investigating a

10 charge filed pursuant to this Act, the Department may request

11 the employer responding to the charge to submit the total

12 number of settlements entered into during the preceding 5

13 years, or less at the direction of the Department, that relate

14 to any alleged act of sexual harassment or unlawful

15 discrimination that:

16  (1) occurred in the workplace of the employer; or

17  (2) involved the behavior of an employee of the

18  employer or a corporate executive of the employer, without

19  regard to whether that behavior occurred in the workplace

20  of the employer.

21  The total number of settlements entered into during the

22 requested period shall be reported along with how many

23 settlements are in each of the following categories, when

24 requested by the Department pursuant to this subsection:

25  (a) sexual harassment;

26  (b) discrimination or harassment on the basis of sex;
    SB2394 Enrolled          - 2962 - LRB104 09208 AMC 19265 b

1   (c) discrimination or harassment on the basis of race,

2   color, or national origin;

3   (d) discrimination or harassment on the basis of

4   religion;

5   (e) discrimination or harassment on the basis of age;

6   (f) discrimination or harassment on the basis of

7   disability;

8   (g) discrimination or harassment on the basis of

9   military status or unfavorable discharge from military

10  status;

11  (h) discrimination or harassment on the basis of

12  sexual orientation or gender identity; and

13  (i) discrimination or harassment on the basis of any

14  other characteristic protected under this Act.;

15  The Department shall not rely on the existence of any

16 settlement agreement to support a finding of substantial

17 evidence under this Act.

18  (D) Prohibited disclosures. An employer may not disclose

19 the name of a victim of an act of alleged sexual harassment or

20 unlawful discrimination in any disclosures required under this

21 Section.

22  (E) Annual report. The Department shall publish an annual

23 report aggregating the information reported by employers under

24 subsection (B) of this Section such that no individual

25 employer data is available to the public. The report shall

26 include the number of adverse judgments or administrative
    SB2394 Enrolled   - 2963 - LRB104 09208 AMC 19265 b

1 rulings filed during the preceding calendar year based on each

2 of the protected classes identified by this Act.

3   The report shall be filed with the General Assembly and

4 made available to the public by December 31 of each reporting

5 year. Data submitted by an employer to comply with this

6 Section is confidential and exempt from the Freedom of

7 Information Act.

8   (F) Failure to report and penalties. If an employer fails

9 to make any disclosures required under this Section, the

10 Department shall issue a notice to show cause giving the

11 employer 30 days to disclose the required information. If the

12 employer does not make the required disclosures within 30

13 days, the Department shall petition the Illinois Human Rights

14 Commission for entry of an order imposing a civil penalty

15 against the employer pursuant to Section 8-109.1. The civil

16 penalty shall be paid into the Department of Human Rights'

17 Training and Development Fund.

18  (G) Rules. The Department shall adopt any rules it deems

19 necessary for implementation of this Section.

20  (H) This Section is repealed on January 1, 2030.

21 (Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21;

22 revised 7-24-24.)

23  (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)

24  Sec. 3-106. Exemptions. Nothing contained in Section 3-102

25 shall prohibit:
    SB2394 Enrolled  - 2964 - LRB104 09208 AMC 19265 b

1   (A) Private Sales of Single Family Homes.

2   (1) Any sale of a single family home by its owner so

3   long as the following criteria are met:

4   (a) The owner does not own or have a beneficial

5   interest in more than 3 single family homes at the time

6   of the sale;

7   (b) The owner or a member of the owner's family was

8   the last current resident of the home;

9   (c) The home is sold without the use in any manner

10  of the sales or rental facilities or services of any

11  real estate broker or salesman, or of any employee or

12  agent of any real estate broker or salesman;

13  (d) The home is sold without the publication,

14  posting or mailing, after notice, of any advertisement

15  or written notice in violation of paragraph (F) of

16  Section 3-102.

17  (2) This exemption does not apply to paragraph (F) of

18  Section 3-102.

19  (B) Apartments. Rental of a housing accommodation in a

20 building which contains housing accommodations for not more

21 than 4 families living independently of each other, if the

22 owner resides in one of the housing accommodations. This

23 exemption does not apply to paragraph (F) of Section 3-102.

24  (C) Private Rooms. Rental of a room or rooms in a private

25 home by an owner if the owner or a member of the owner's family

26 resides therein or, while absent for a period of not more than
    SB2394 Enrolled  - 2965 - LRB104 09208 AMC 19265 b

1 12 months, if the owner or a member of the owner's family

2 intends to return to reside therein. This exemption does not

3 apply to paragraph (F) of Section 3-102.

4   (D) Reasonable local, State, or federal Federal

5 restrictions regarding the maximum number of occupants

6 permitted to occupy a dwelling.

7   (E) Religious Organizations. A religious organization,

8 association, or society, or any nonprofit institution or

9 organization operated, supervised, or controlled by or in

10 conjunction with a religious organization, association, or

11 society, from limiting the sale, rental, or occupancy of a

12 dwelling which it owns or operates for other than a commercial

13 purpose to persons of the same religion, or from giving

14 preference to such persons, unless membership in such religion

15 is restricted on account of race, color, or national origin.

16  (F) Sex. Restricting the rental of rooms in a housing

17 accommodation to persons of one sex.

18  (G) Persons Convicted of Drug-Related Offenses. Conduct

19 against a person because such person has been convicted by any

20 court of competent jurisdiction of the illegal manufacture or

21 distribution of a controlled substance as defined in Section

22 102 of the federal Controlled Substances Act (21 U.S.C. 802).

23  (H) Persons engaged in the business of furnishing

24 appraisals of real property from taking into consideration

25 factors other than those based on unlawful discrimination or

26 familial status or source of income in furnishing appraisals.
    SB2394 Enrolled           - 2966 - LRB104 09208 AMC 19265 b

1   (H-1) The owner of an owner-occupied residential building

2 with 4 or fewer units (including the unit in which the owner

3 resides) from making decisions regarding whether to rent to a

4 person based upon that person's sexual orientation.

5   (I) Housing for Older Persons. No provision in this

6 Article regarding familial status shall apply with respect to

7 housing for older persons.

8   (1) As used in this Section, "housing for older

9   persons" means housing:

10  (a) provided under any State or federal Federal

11  program that the Department determines is specifically

12  designed and operated to assist elderly persons (as

13  defined in the State or federal Federal program); or

14  (b) intended for, and solely occupied by, persons

15  62 years of age or older; or

16  (c) intended and operated for occupancy by persons

17  55 years of age or older and:

18                   (i) at least 80% of the occupied units are

19  occupied by at least one person who is 55 years of

20  age or older;

21                   (ii) the housing facility or community

22  publishes and adheres to policies and procedures

23  that demonstrate the intent required under this

24  subparagraph subdivision (c); and

25                   (iii) the housing facility or community

26  complies with rules adopted by the Department for
    SB2394 Enrolled        - 2967 - LRB104 09208 AMC 19265 b

1   verification of occupancy, which shall:

2                    (aa) provide for verification by reliable

3                    surveys and affidavits; and

4                    (bb) include examples of the types of

5                    policies and procedures relevant to a

6                    determination of compliance with the

7                    requirement of clause (ii).

8   These surveys and affidavits shall be admissible in

9   administrative and judicial proceedings for the purposes

10  of such verification.

11  (2) Housing shall not fail to meet the requirements

12  for housing for older persons by reason of:

13  (a) persons residing in such housing as of the

14  effective date of this amendatory Act of 1989 who do

15  not meet the age requirements of subparagraph

16  subsections (1)(b) or (c); provided, that new

17  occupants of such housing meet the age requirements of

18  subparagraph subsections (1)(b) or (c) of this

19  subsection; or

20  (b) unoccupied units; provided, that such units

21  are reserved for occupancy by persons who meet the age

22  requirements of subparagraph subsections (1)(b) or (c)

23  of this subsection.

24  (3)(a) A person shall not be held personally liable

25  for monetary damages for a violation of this Article if

26  the person reasonably relied, in good faith, on the
    SB2394 Enrolled            - 2968 - LRB104 09208 AMC 19265 b

1   application of the exemption under this subsection (I)

2   relating to housing for older persons.

3   (b) For the purposes of this paragraph item (3), a

4   person may show good faith reliance on the application of

5   the exemption only by showing that:

6   (i) the person has no actual knowledge that the

7   facility or community is not, or will not be, eligible

8   for the exemption; and

9   (ii) the facility or community has stated

10  formally, in writing, that the facility or community

11  complies with the requirements for the exemption.

12  (J) Child Sex Offender Refusal to Rent. Refusal of a child

13 sex offender who owns and resides at residential real estate

14 to rent any residential unit within the same building in which

15 the child sex offender resides to a person who is the parent or

16 guardian of a child or children under 18 years of age.

17  (K) Arrest Records. Inquiry into or the use of an arrest

18 record if the inquiry or use is otherwise authorized by State

19 or federal law.

20  (L) Financial Institutions. A financial institution as

21 defined in Article 4 from considering source of income or

22 immigration status in a real estate transaction in compliance

23 with State or federal law.

24  (M) Immigration Status. Inquiry into or the use of

25 immigration status if the inquiry or use is in compliance with

26 State or federal law.
    SB2394 Enrolled   - 2969 - LRB104 09208 AMC 19265 b

1 (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24;
2 revised 7-24-24.)

3   Section 1185. The Consumer Legal Funding Act is amended by

4 changing Section 5 as follows:

5   (815 ILCS 121/5)

6   Sec. 5. Definitions. As used in this Act:

7   "Advertise" means publishing or disseminating any written,

8 electronic, or printed communication, or any communication by

9 means of recorded telephone messages or transmitted on radio,

10 television, the Internet, or similar communications media,

11 including film strips, motion pictures, and videos, published,

12 disseminated, circulated, or placed before the public,

13 directly or indirectly, for the purpose of inducing a consumer

14 to enter into a consumer legal funding.

15  "Charges" means the fees, as set forth in Section 25, to be

16 paid to the consumer legal funding company by or on behalf of

17 the consumer above the funded amount provided by or on behalf

18 of the company to an Illinois consumer pursuant to this Act.

19  "Consumer" means a natural person who has a pending legal

20 claim and who resides or is domiciled in Illinois.

21  "Consumer legal funding" or "funding" means a nonrecourse

22 transaction in which a company purchases and a consumer

23 transfers to the company an unvested, contingent future

24 interest in the potential net proceeds of a settlement or
    SB2394 Enrolled          - 2970 - LRB104 09208 AMC 19265 b

1 judgment obtained from the consumer's legal claim; and in

2 which, if no proceeds are obtained from the consumer's legal

3 claim, the consumer is not required to repay the company the

4 consumer legal funding amount or charges.

5   "Consumer legal funding company" or "company" means a

6 person or entity that enters into, purchases, or services a

7 consumer legal funding transaction with an Illinois consumer.

8 "Consumer legal funding company" does not include:

9   (1) an immediate family member of the consumer;

10  (2) a bank, lender, financing entity, or other special

11  purpose entity:

12  (A) that provides financing to a consumer legal

13  funding company; or

14  (B) to which a consumer legal funding company

15  grants a security interest or transfers any rights or

16  interest in a consumer legal funding; or

17  (3) an attorney or accountant who provides services to

18  a consumer.

19  "Department" means the Department of Financial and

20 Professional Regulation.

21  "Funded amount" means the amount of moneys provided to, or

22 on behalf of, the consumer in the consumer legal funding.

23 "Funded amount" does not include charges except for charges

24 that are deducted from the funded amount.

25  "Funding date" means the date on which the funded amount

26 is transferred to the consumer by the consumer legal funding
    SB2394 Enrolled         - 2971 - LRB104 09208 AMC 19265 b

1 company either by personal delivery; via wire, ACH, or other

2 electronic means; or mailed by insured, certified, or

3 registered United States mail.

4   "Immediate family member" means a parent; sibling; child

5 by blood, adoption, or marriage; spouse; grandparent; or

6 grandchild.

7   "Legal claim" means a bona fide civil claim or cause of

8 action.

9   "Resolution amount" means the funded amount plus the

10 agreed-upon charges that are delivered to the consumer legal

11 funding company on the resolution date.

12  "Resolution date" means the date the resolution amount is

13 delivered to the consumer legal funding company.

14  "Secretary" means the Secretary of Financial and

15 Professional Regulation or the Secretary's designee.

16 (Source: P.A. 102-987, eff. 5-27-22; 103-974, eff. 1-1-25;

17 revised 10-23-24.)

18  Section 1190. The Interchange Fee Prohibition Act is

19 amended by changing Section 150-1 as follows:

20  (815 ILCS 151/150-1)

21  (This Section may contain text from a Public Act with a

22 delayed effective date)

23  Sec. 150-1. Short title. This Article Act may be cited as

24 the Interchange Fee Prohibition Act. References in this
    SB2394 Enrolled             - 2972 - LRB104 09208 AMC 19265 b

1 Article to "this Act" mean this Article.
2 (Source: P.A. 103-592, eff. 7-1-25; revised 10-23-24.)

3   Section 1195. The Consumer Fraud and Deceptive Business

4 Practices Act is amended by setting forth and renumbering

5 multiple versions of Section 2BBBB and by setting forth,

6 renumbering, and changing multiple versions of Section 2EEEE

7 as follows:

8   (815 ILCS 505/2BBBB)

9   Sec. 2BBBB. Deceptive practices related to limited

10 services pregnancy centers.

11  (a) As used in this Section:

12  "Abortion" means the use of any instrument, medicine,

13 drug, or any other substance or device to terminate the

14 pregnancy of an individual known to be pregnant with an

15 intention other than to increase the probability of a live

16 birth, to preserve the life or health of the child after live

17 birth, or to remove a dead fetus, as defined in Section 1-10 of

18 the Reproductive Health Act.

19  "Affiliates" has the meaning given to the term "hospital

20 affiliate" as defined in subsection (b) of Section 10.8 of the

21 Hospital Licensing Act.

22  "Emergency contraception" means one or more prescription

23 drugs (i) used separately or in combination for the purpose of

24 preventing pregnancy, (ii) administered to or
    SB2394 Enrolled     - 2973 - LRB104 09208 AMC 19265 b

1 self-administered by a patient within a medically recommended

2 amount of time after sexual intercourse, and (iii) dispensed

3 for such purpose in accordance with professional standards of

4 practice.

5   "Limited services pregnancy center" means an organization

6 or facility, including a mobile facility, that:

7   (1) does not directly provide abortions or provide or

8   prescribe emergency contraception, or provide referrals

9   for abortions or emergency contraception, and has no

10  affiliation with any organization or provider who provides

11  abortions or provides or prescribes emergency

12  contraception; and

13  (2) has a primary purpose to offer or provide

14  pregnancy-related services to an individual who is or has

15  reason to believe the individual may be pregnant, whether

16  or not a fee is charged for such services.

17 "Limited services pregnancy center" does not include:

18  (1) a health care professional licensed by the

19  Department of Financial and Professional Regulation;

20  (2) a hospital licensed under the Hospital Licensing

21  Act and its affiliates; or

22  (3) a hospital licensed under the University of

23  Illinois Hospital Act and its affiliates.

24 "Limited services pregnancy center" includes an organization

25 or facility that has employees, volunteers, or agents who are

26 health care professionals licensed by the Department of
    SB2394 Enrolled  - 2974 - LRB104 09208 AMC 19265 b

1 Financial and Professional Regulation.

2   "Pregnancy-related services" means any medical service, or

3 health counseling service, related to the prevention,

4 preservation, or termination of pregnancy, including, but not

5 limited to, contraception and contraceptive counseling,

6 pregnancy testing, pregnancy diagnosis, pregnancy options

7 counseling, limited obstetric ultrasound, obstetric

8 ultrasound, obstetric sonogram, sexually transmitted

9 infections testing, and prenatal care.

10  (b) A limited services pregnancy center shall not engage

11 in unfair methods of competition or unfair or deceptive acts

12 or practices, including the use or employment of any

13 deception, fraud, false pretense, false promise, or

14 misrepresentation, or the concealment, suppression, or

15 omission of any material fact, with the intent that others

16 rely upon the concealment, suppression, or omission of such

17 material fact:

18  (1) to interfere with or prevent an individual from

19  seeking to gain entry or access to a provider of abortion

20  or emergency contraception;

21  (2) to induce an individual to enter or access the

22  limited services pregnancy center;

23  (3) in advertising, soliciting, or otherwise offering

24  pregnancy-related services; or

25  (4) in conducting, providing, or performing

26  pregnancy-related services.
    SB2394 Enrolled           - 2975 - LRB104 09208 AMC 19265 b

1   (c) A violation of this Section constitutes a violation of

2 this Act.

3 (Source: P.A. 103-270, eff. 7-27-23; 103-605, eff. 7-1-24.)

4   (815 ILCS 505/2EEEE)

5   Sec. 2EEEE. Credit reporting; medical debt.

6   (a) As used in this Section:

7   "Collection action" means any referral of a bill to a

8 collection agency or law firm to collect payment for services

9 from a consumer for health care services.

10  "Collection agency" means any individual, partnership,

11 corporation, trust, estate, co-operative, association,

12 government or government subdivision, agency, or other entity

13 that either purchases medical debt or collects medical debt on

14 behalf of another entity.

15  "Consumer report" and or "credit report" have the meaning

16 ascribed to the term "consumer report" under 15 U.S.C.

17 1681a(d).

18  "Consumer reporting agency" has the meaning ascribed to

19 that term in 15 U.S.C. 1681a(f).

20  "Medical debt" means a debt arising from the receipt of

21 health care services, products, or devices.

22  "Medical debt" does not include debt charged to a credit

23 card or an open-end or close-end extension of credit made by a

24 financial institution to a borrower unless the open-end or

25 close-end extension of credit may be used by the borrower
    SB2394 Enrolled        - 2976 - LRB104 09208 AMC 19265 b

1 solely for the purpose of the purchase of health care

2 services.

3   (b) It is an unlawful practice within the meaning of this

4 Act for a consumer reporting agency:

5   (1) to make, create, or furnish any consumer report or

6   credit report containing, incorporating, or reflecting any

7   adverse information that the consumer reporting agency

8   knows or should know relates to medical debt incurred by

9   the consumer or a collection action against the consumer

10  to collect medical debt; and

11  (2) to maintain in the file on a consumer any

12  information relating to medical debt incurred by a

13  consumer or a collection action against the consumer to

14  collect medical debt.

15 (Source: P.A. 103-648, eff. 1-1-25.)

16  (815 ILCS 505/2FFFF)

17  Sec. 2FFFF 2BBBB. Violations of the Pawnbroker Regulation

18 Act of 2023. Any person who violates Article 15 of the

19 Pawnbroker Regulation Act of 2023 commits an unlawful practice

20 within the meaning of this Act.

21 (Source: P.A. 103-585, eff. 3-22-24; revised 9-25-24.)

22  (815 ILCS 505/2GGGG)

23  Sec. 2GGGG 2EEEE. Violations concerning teledentistry

24 under the Illinois Dental Practice Act. Any person who
    SB2394 Enrolled   - 2977 - LRB104 09208 AMC 19265 b

1 violates Section 17.2 of the Illinois Dental Practice Act
2 commits an unlawful practice within the meaning of this Act.
3 (Source: P.A. 103-902, eff. 8-9-24; revised 9-25-24.)

4   Section 1200. The Digital Voice and Likeness Protection

5 Act is amended by changing Section 5 as follows:

6   (815 ILCS 550/5)

7   Sec. 5. Definitions. In this Act:

8   "Artificial intelligence" means a machine-based system

9 that, for explicit or implicit objectives, infers, from the

10 input it receives, how to generate outputs such as

11 predictions, content, recommendations, or decisions that can

12 influence physical or virtual environments. "Artificial

13 intelligence" includes generative artificial intelligence.

14  "Digital replica" means a newly created, electronic

15 representation of the identity of an actual individual created

16 using a computer, algorithm, software, tool, artificial

17 intelligence, or other technology that is fixed in a sound

18 recording or audiovisual work in which that individual did not

19 actually perform or appear and that is so realistic that a

20 reasonable observer would believe it is a performance by the

21 individual being portrayed and no other individual.

22  "Generative artificial intelligence" means an automated

23 computing system that, when prompted with human prompts,

24 descriptions, or queries, can produce outputs that simulate
    SB2394 Enrolled      - 2978 - LRB104 09208 AMC 19265 b

1 human-produced content, including, but not limited to, the

2 following:

3   (1) textual outputs, such as short answers, essays,

4   poetry, or longer compositions or answers;

5   (2) image outputs, such as fine art, photographs,

6   conceptual art, diagrams, and other images;

7   (3) multimedia outputs, such as audio or video in the

8   form of compositions, songs, or short-form or long-form

9   audio or video; and

10  (4) other content that would be otherwise produced by

11  human means.

12 (Source: P.A. 103-830, eff. 8-9-24; revised 10-23-24.)

13  Section 1205. The Worker Freedom of Speech Act is amended

14 by changing Section 35 as follows:

15  (820 ILCS 57/35)

16  Sec. 35. Exceptions. Nothing in this Act:

17  (1) prohibits communications of information that the

18  employer is required by law to communicate, but only to

19  the extent of the lawful requirement;

20  (2) limits the rights of an employer or its agent,

21  representative, or designee to conduct meetings involving

22  religious matters or political matters, so long as

23  attendance is voluntary, or to engage in communications,

24  so long as receipt or listening is voluntary;
    SB2394 Enrolled  - 2979 - LRB104 09208 AMC 19265 b

1   (3) limits the rights of an employer or its agent,

2   representative, or designee from communicating to its

3   employees any information that is necessary for the

4   employees to perform their required job duties;

5   (4) prohibits prohibit an employer or its agent,

6   representative, or designee from requiring its employees

7   to attend any training intended to foster a civil and

8   collaborative workplace or reduce or prevent workplace

9   harassment or discrimination;

10  (5) prohibits an institution of higher education, or

11  any agent, representative, or designee of the institution,

12  from conducting meetings or participating in any

13  communications with its employees concerning any

14  coursework, symposia, research, publication, or an

15  academic program at the institution;

16  (6) prohibits a political organization, a political

17  party organization, a caucus organization, a candidate's

18  political organization, or a not-for-profit organization

19  that is exempt from taxation under Section 501(c)(4),

20  501(c)(5), or 501(c)(6) of the Internal Revenue Code from

21  requiring its staff or employees to attend an

22  employer-sponsored meeting or participate in any

23  communication with the employer or the employer's agent,

24  representative or designee for the purpose of

25  communicating the employer's political tenets or purposes;

26  (7) prohibits the General Assembly or a State or local
    SB2394 Enrolled           - 2980 - LRB104 09208 AMC 19265 b

1   legislative or regulatory body from requiring its their

2   employees to attend an employer-sponsored meeting or

3   participate in any communication with the employer or the

4   employer's agent, representative, or designee for the

5   purpose of communicating the employer's proposals to

6   change legislation, proposals to change regulations, or

7   proposals to change public policy; or

8   (8) prohibits a religious organization from requiring

9   its employees to attend an employer-sponsored meeting or

10  participate in any communication with the employer or the

11  employer's agent, representative, or designee for the

12  purpose of communicating the employer's religious beliefs,

13  practices, or tenets.

14 (Source: P.A. 103-722, eff. 1-1-25; revised 10-21-24.)

15  Section 1210. The Illinois Freedom to Work Act is amended

16 by changing Section 10 as follows:

17  (820 ILCS 90/10)

18  Sec. 10. Prohibiting covenants not to compete and

19 covenants not to solicit.

20  (a) No employer shall enter into a covenant not to compete

21 with any employee unless the employee's actual or expected

22 annualized rate of earnings exceeds $75,000 per year. This

23 amount shall increase to $80,000 per year beginning on January

24 1, 2027, $85,000 per year beginning on January 1, 2032, and
    SB2394 Enrolled         - 2981 - LRB104 09208 AMC 19265 b

1 $90,000 per year beginning on January 1, 2037. A covenant not

2 to compete entered into in violation of this subsection is

3 void and unenforceable.

4   (b) No employer shall enter into a covenant not to solicit

5 with any employee unless the employee's actual or expected

6 annualized rate of earnings exceeds $45,000 per year. This

7 amount shall increase to $47,500 per year beginning on January

8 1, 2027, $50,000 per year beginning on January 1, 2032, and

9 $52,500 per year beginning on January 1, 2037. A covenant not

10 to solicit entered into in violation of this subsection is

11 void and unenforceable.

12  (c) No employer shall enter into a covenant not to compete

13 or a covenant not to solicit with any employee who an employer

14 terminates or furloughs or lays off as the result of business

15 circumstances or governmental orders related to the COVID-19

16 pandemic or under circumstances that are similar to the

17 COVID-19 pandemic, unless enforcement of the covenant not to

18 compete includes compensation equivalent to the employee's

19 base salary at the time of termination for the period of

20 enforcement minus compensation earned through subsequent

21 employment during the period of enforcement. A covenant not to

22 compete or a covenant not to solicit entered into in violation

23 of this subsection is void and unenforceable.

24  (d) A covenant not to compete is void and illegal with

25 respect to individuals covered by a collective bargaining

26 agreement under the Illinois Public Labor Relations Act or the
    SB2394 Enrolled         - 2982 - LRB104 09208 AMC 19265 b

1 Illinois Educational Labor Relations Act.

2   (e) A covenant not to compete or a covenant not to solicit

3 is void and illegal with respect to individuals employed in

4 construction, regardless of whether an individual is covered

5 by a collective bargaining agreement. This subsection (e) does

6 not apply to construction employees who primarily perform

7 management, engineering or architectural, design, or sales

8 functions for the employer or who are shareholders, partners,

9 or owners in any capacity of the employer.

10  (f) (e) Any covenant not to compete or covenant not to

11 solicit entered into after January 1, 2025 (the effective date

12 of Public Act 103-915) this amendatory Act of the 103rd

13 General Assembly shall not be enforceable with respect to the

14 provision of mental health services to veterans and first

15 responders by any licensed mental health professional in this

16 State if the enforcement of the covenant not to compete or

17 covenant not to solicit is likely to result in an increase in

18 cost or difficulty for any veteran or first responder seeking

19 mental health services.

20  For the purpose of this subsection:

21  "First responders" means emergency medical services

22 personnel, as defined in the Emergency Medical Services (EMS)

23 Systems Act, firefighters, and law enforcement officers.

24  "Licensed mental health professional" means a person

25 licensed under the Clinical Psychologist Licensing Act, the

26 Clinical Social Work and Social Work Practice Act, the
    SB2394 Enrolled        - 2983 - LRB104 09208 AMC 19265 b

1 Marriage and Family Therapy Licensing Act, the Nurse Practice
2 Act, or the Professional Counselor and Clinical Professional
3 Counselor Licensing and Practice Act.
4 (Source: P.A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25;
5 103-921, eff. 1-1-25; revised 11-26-24.)

6   Section 1215. The Victims' Economic Security and Safety

7 Act is amended by changing Section 35 as follows:

8   (820 ILCS 180/35)

9   Sec. 35. Enforcement.

10  (a) Department of Labor.

11  (1) The Director or his or her authorized

12  representative shall administer and enforce the provisions

13  of this Act. Any employee or a representative of employees

14  who believes his or her rights under this Act have been

15  violated may, within 3 years after the alleged violation

16  occurs, file a complaint with the Department requesting a

17  review of the alleged violation. A copy of the complaint

18  shall be sent to the person who allegedly committed the

19  violation, who shall be the respondent. Upon receipt of a

20  complaint, the Director shall cause such investigation to

21  be made as he or she deems appropriate. The investigation

22  shall provide an opportunity for a public hearing at the

23  request of any party to the review to enable the parties to

24  present information relating to the alleged violation
    SB2394 Enrolled  - 2984 - LRB104 09208 AMC 19265 b

1   allegation. The parties shall be given written notice of

2   the time and place of the hearing at least 7 days before

3   the hearing. Upon receiving the report of the

4   investigation, the Director shall make findings of fact.

5   If the Director finds that a violation did occur, he or she

6   shall issue a decision incorporating his or her findings

7   and requiring the party committing the violation to take

8   such affirmative action to abate the violation as the

9   Director deems appropriate, including:

10  (A) damages equal to the amount of wages, salary,

11  employment benefits, public assistance, or other

12  compensation denied or lost to such individual by

13  reason of the violation, and the interest on that

14  amount calculated at the prevailing rate;

15  (B) such equitable relief as may be appropriate,

16  including, but not limited to, hiring, reinstatement,

17  promotion, and reasonable accommodations; and

18  (C) reasonable attorney's fees, reasonable expert

19  witness fees, and other costs of the action to be paid

20  by the respondent to a prevailing employee.

21  If the Director finds that there was no violation, he

22  or she shall issue an order denying the complaint. An

23  order issued by the Director under this Section shall be

24  final and subject to judicial review under the

25  Administrative Review Law.

26  (2) The Director shall adopt rules necessary to
    SB2394 Enrolled      - 2985 - LRB104 09208 AMC 19265 b

1   administer and enforce this Act in accordance with the

2   Illinois Administrative Procedure Act. The Director shall

3   have the powers and the parties shall have the rights

4   provided in the Illinois Administrative Procedure Act for

5   contested cases, including, but not limited to, provisions

6   for depositions, subpoena power and procedures, and

7   discovery and protective order procedures.

8   (3) Intervention. The Attorney General of Illinois may

9   intervene on behalf of the Department if the Department

10  certifies that the case is of general public importance.

11  Upon such intervention the court may award such relief as

12  is authorized to be granted to an employee who has filed a

13  complaint or whose representative has filed a complaint

14  under this Section.

15  (b) Refusal to pay damages. Any employer who has been

16 ordered by the Director of Labor or the court to pay damages

17 under this Section and who fails to do so within 30 days after

18 the order is entered is liable to pay a penalty of 1% per

19 calendar day to the employee for each day of delay in paying

20 the damages to the employee.

21 (Source: P.A. 93-591, eff. 8-25-03; revised 7-23-24.)

22  Section 1220. The Paid Leave for All Workers Act is

23 amended by changing Section 15 as follows:

24  (820 ILCS 192/15)
    SB2394 Enrolled  - 2986 - LRB104 09208 AMC 19265 b

1   Sec. 15. Provision of paid leave.

2   (a) An employee who works in Illinois is entitled to earn

3 and use up to a minimum of 40 hours of paid leave during a

4 12-month period or a pro rata number of hours of paid leave

5 under the provisions of subsection (b). The paid leave may be

6 used by the employee for any purpose as long as the paid leave

7 is taken in accordance with the provisions of this Act.

8   (b) Paid leave under this Act shall accrue at the rate of

9 one hour of paid leave for every 40 hours worked up to a

10 minimum of 40 hours of paid leave or such greater amount if the

11 employer provides more than 40 hours. Employees who are exempt

12 from the overtime requirements of the federal Fair Labor

13 Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40

14 hours in each workweek for purposes of paid leave accrual

15 unless their regular workweek is less than 40 hours, in which

16 case paid leave accrues based on that regular workweek.

17 Employees shall determine how much paid leave they need to

18 use;, however, employers may set a reasonable minimum

19 increment for the use of paid leave not to exceed 2 hours per

20 day. If an employee's scheduled workday is less than 2 hours

21 per day, the employee's scheduled workday shall be used to

22 determine the amount of paid leave.

23  (c) An employer may make available the minimum number of

24 hours of paid leave, subject to pro rata requirements provided

25 in subsection (b), to an employee on the first day of

26 employment or the first day of the 12-month period. Employers
    SB2394 Enrolled     - 2987 - LRB104 09208 AMC 19265 b

1 that provide the minimum number of hours of paid leave to an

2 employee on the first day of employment or the first day of the

3 12-month period are not required to carry over carryover paid

4 leave from 12-month period to 12-month period and may require

5 employees to use all paid leave prior to the end of the benefit

6 period or forfeit the unused paid leave. However, under no

7 circumstances shall an employee be credited with paid leave

8 that is less than what the employee would have accrued under

9 subsections (a) and (g) of this Section.

10  (d) The 12-month period may be any consecutive 12-month

11 period designated by the employer in writing at the time of

12 hire. Changes to the 12-month period may be made by the

13 employer if notice is given to employees in writing prior to

14 the change and the change does not reduce the eligible accrual

15 rate and paid leave available to the employee. If the employer

16 changes the designated 12-month period, the employer shall

17 provide the employee with documentation of the balance of

18 hours worked, paid leave accrued and taken, and the remaining

19 paid leave balance.

20  (e) Paid leave under this Act may be taken by an employee

21 for any reason of the employee's choosing. An employee is not

22 required to provide an employer a reason for the leave and may

23 not be required to provide documentation or certification as

24 proof or in support of the leave. An employee may choose

25 whether to use paid leave provided under this Act prior to

26 using any other leave provided by the employer or State law.
    SB2394 Enrolled          - 2988 - LRB104 09208 AMC 19265 b

1   (f) Employees shall be paid their hourly rate of pay for

2 paid leave. However, employees engaged in an occupation in

3 which gratuities or commissions have customarily and usually

4 constituted and have been recognized as part of the

5 remuneration for hire purposes shall be paid by their employer

6 at least the full minimum wage in the jurisdiction in which

7 they are employed when paid leave is taken. This wage shall be

8 treated as the employee's regular rate of pay for purposes of

9 this Act.

10  (g) Paid leave under this Act shall begin to accrue at the

11 commencement of employment or on the effective date of this

12 Act, whichever is later. Employees shall be entitled to begin

13 using paid leave 90 days following commencement of their

14 employment or 90 days following the effective date of this

15 Act, whichever is later.

16  (h) Paid leave under this Act shall be provided upon the

17 oral or written request of an employee in accordance with the

18 employer's reasonable paid leave policy notification

19 requirements which may include the following:

20  (1) If use of paid leave under this Act is

21  foreseeable, the employer may require the employee to

22  provide 7 calendar days' notice before the date the leave

23  is to begin.

24  (2) If paid leave under this Act is not foreseeable,

25  the employee shall provide such notice as soon as is

26  practicable after the employee is aware of the necessity
    SB2394 Enrolled           - 2989 - LRB104 09208 AMC 19265 b

1   of the leave. An employer that requires notice of paid

2   leave under this Act when the leave is not foreseeable

3   shall provide a written policy that contains procedures

4   for the employee to provide notice.

5   (3) Employers shall provide employees with written

6   notice of the paid leave policy notification requirements

7   in this Section in the manner provided in Section 20 for

8   notice and posting and within 5 calendar days of any

9   change to the employer's reasonable paid leave policy

10  notification requirements.

11  (4) An employer may not require, as a condition of

12  providing paid leave under this Act, that the employee

13  search for or find a replacement worker to cover the hours

14  during which the employee takes paid leave.

15  (i) Except as provided in subsection (c), paid leave under

16 this Act shall carry over annually to the extent not used by

17 the employee, provided that nothing in this Act shall be

18 construed to require an employer to provide more than 40 hours

19 of paid leave for an employee in the 12-month period unless the

20 employer agrees to do so.

21  (j) Nothing in this Section or any other Illinois law or

22 rule shall be construed as requiring financial or other

23 payment to an employee from an employer upon the employee's

24 termination, resignation, retirement, or other separation from

25 employment for paid leave accrued under this Act that has not

26 been used. Nothing in this Section or any other Illinois law or
    SB2394 Enrolled  - 2990 - LRB104 09208 AMC 19265 b

1 rule shall be construed as requiring financial or other

2 reimbursements to an employee from an employer for unused paid

3 leave under this Act at the end of the benefit year or any

4 other time.

5   (k) If an employee is transferred to a separate division,

6 entity, or location, but remains employed by the same

7 employer, the employee is entitled to all paid leave accrued

8 at the prior division, entity, or location and is entitled to

9 use all paid leave as provided in this Section. If there is a

10 separation from employment and the employee is rehired within

11 12 months of separation by the same employer, previously

12 accrued paid leave that had not been used by the employee shall

13 be reinstated. The employee shall be entitled to use accrued

14 paid leave at the commencement of employment following a

15 separation from employment of 12 months or less.

16  (l) Paid leave under this Act shall not be charged or

17 otherwise credited to an employee's paid time off bank or

18 employee account unless the employer's policy permits such a

19 credit. If the paid leave under this Act is credited to an

20 employee's paid time off bank or employee vacation account

21 then any unused paid leave shall be paid to the employee upon

22 the employee's termination, resignation, retirement, or other

23 separation to the same extent as vacation time under existing

24 Illinois law or rule. Nothing in this Act shall be construed to

25 waive or otherwise limit an employee's right to final

26 compensation for promised and earned, but unpaid vacation time
    SB2394 Enrolled  - 2991 - LRB104 09208 AMC 19265 b

1 or paid time off, as provided under the Illinois Wage Payment

2 and Collection Act and rules. Employers shall provide

3 employees with written notice of changes to the employer's

4 vacation time, paid time off, or other paid leave policies

5 that affect an employee's right to final compensation for such

6 leave.

7   (m) During any period an employee takes leave under this

8 Act, the employer shall maintain coverage for the employee and

9 any family member under any group health plan for the duration

10 of such leave at no less than the level and conditions of

11 coverage that would have been provided if the employee had not

12 taken the leave. The employer shall notify the employee that

13 the employee is still responsible for paying the employee's

14 share of the cost of the health care coverage, if any.

15  (n) Nothing in this Act shall be deemed to interfere with,

16 impede, or in any way diminish the right of employees to

17 bargain collectively with their employers through

18 representatives of their own choosing in order to establish

19 wages or other conditions of work in excess of the applicable

20 minimum standards established in this Act. The paid leave

21 requirements of this Act may be waived in a bona fide

22 collective bargaining agreement, but only if the waiver is set

23 forth explicitly in such agreement in clear and unambiguous

24 terms.

25  Nothing in this Act shall be deemed to affect the validity

26 or change the terms of bona fide collective bargaining
    SB2394 Enrolled  - 2992 - LRB104 09208 AMC 19265 b

1 agreements in effect on January 1, 2024. After that date,

2 requirements of this Act may be waived in a bona fide

3 collective bargaining agreement, but only if the waiver is set

4 forth explicitly in such agreement in clear and unambiguous

5 terms.

6   In no event shall this Act apply to any employee working in

7 the construction industry who is covered by a bona fide

8 collective bargaining agreement, nor shall this Act apply to

9 any employee who is covered by a bona fide collective

10 bargaining agreement with an employer that provides services

11 nationally and internationally of delivery, pickup, and

12 transportation of parcels, documents, and freight.

13  Notwithstanding the provisions of this subsection, nothing

14 in this Act shall be deemed to affect the validity or change

15 the terms of a bona fide collective bargaining agreement

16 applying to an employee who is employed by a State agency that

17 is in effect on July 1, 2024. After that date, requirements of

18 this Act may be waived in a bona fide collective bargaining

19 agreement, but only if the waiver is set forth explicitly in

20 such agreement in clear and unambiguous terms. As used in this

21 subsection, "State agency" has the same meaning as set forth

22 in Section 4 of the Forms Notice Act.

23  (o) An agreement by an employee to waive his or her rights

24 under this Act is void as against public policy.

25  (p) The provisions of this Act shall not apply to any

26 employer that is covered by a municipal or county ordinance
    SB2394 Enrolled          - 2993 - LRB104 09208 AMC 19265 b

1 that is in effect on the effective date of this Act that

2 requires employers to give any form of paid leave to their

3 employees, including paid sick leave or paid leave.

4 Notwithstanding the provisions of this subsection, any

5 employer that is not required to provide paid leave to its

6 employees, including paid sick leave or paid leave, under a

7 municipal or county ordinance that is in effect on the

8 effective date of this Act shall be subject to the provisions

9 of this Act if the employer would be required to provide paid

10 leave under this Act to its employees.

11  Any local ordinance that provides paid leave, including

12 paid sick leave or paid leave, enacted or amended after the

13 effective date of this Act must comply with the requirements

14 of this Act or provide benefits, rights, and remedies that are

15 greater than or equal to the benefits, rights, and remedies

16 afforded under this Act.

17  An employer in a municipality or county that enacts or

18 amends a local ordinance that provides paid leave, including

19 paid sick leave or paid leave, after the effective date of this

20 Act shall only comply with the local ordinance or ordinances

21 so long as the benefits, rights, and remedies are greater than

22 or equal to the benefits, rights, and remedies afforded under

23 this Act.

24 (Source: P.A. 102-1143, eff. 1-1-24; 103-605, eff. 7-1-24;

25 revised 10-23-24.)
    SB2394 Enrolled             - 2994 - LRB104 09208 AMC 19265 b

1   Section 1225. The Child Labor Law of 2024 is amended by

2 changing Sections 35 and 55 as follows:

3   (820 ILCS 206/35)

4   Sec. 35. Employer requirements.

5   (a) It shall be unlawful for any person to employ, allow,

6 or permit any minor to work unless the minor obtains an

7 employment certificate authorizing the minor to work for that

8 person. Any person seeking to employ, allow, or permit any

9 minor to work shall provide that minor with a notice of

10 intention to employ to be submitted by the minor to the minor's

11 school issuing officer with the minor's application for an

12 employment certificate.

13  (b) Every employer of one or more minors shall maintain,

14 on the premises where the work is being done, records that

15 include the name, date of birth, and place of residence of

16 every minor who works for that employer, notice of intention

17 to employ the minor, and the minor's employment certificate.

18 Authorized officers and employees of the Department, truant

19 officers, and other school officials charged with the

20 enforcement of school attendance requirements described in

21 Section 26-1 of the School Code may inspect the records

22 without notice at any time.

23  (c) Every employer of minors shall ensure that all minors

24 are supervised by an adult 21 years of age or older, on site,

25 at all times while the minor is working.
    SB2394 Enrolled  - 2995 - LRB104 09208 AMC 19265 b

1   (d) No person shall employ, allow, or permit any minor to

2 work for more than 5 hours continuously without an interval of

3 at least 30 minutes for a meal period. No period of less than

4 30 minutes shall be deemed to interrupt a continuous period of

5 work.

6   (e) Every employer who employs one or more minors shall

7 post in a conspicuous place where minors are employed,

8 allowed, or permitted to work, a notice summarizing the

9 requirements of this Act, including a list of the occupations

10 prohibited to minors and the Department's toll free telephone

11 number described in Section 85. An employer with employees who

12 do not regularly report to a physical workplace, such as

13 employees who work remotely or travel for work, shall also

14 provide the summary and notice by email to its employees or

15 conspicuous posting on the employer's website or intranet

16 site, if the site is regularly used by the employer to

17 communicate work-related information to employees and is able

18 to be regularly accessed by all employees, freely and without

19 interference. The notice shall be furnished by the Department.

20  (f) Every employer, during the period of employment of a

21 minor and for 3 years thereafter, shall keep on file, at the

22 place of employment, a copy of the employment certificate

23 issued for the minor. An employment certificate shall be valid

24 only for the employer for whom it was issued and a new

25 certificate shall not be issued for the employment of a minor

26 except on the presentation of a new statement of intention to
    SB2394 Enrolled    - 2996 - LRB104 09208 AMC 19265 b

1 employ the minor. The failure of any employer to produce for

2 inspection the employment certificate for each minor in the

3 employer's establishment shall be a violation of this Act. The

4 Department may specify any other record keeping requirements

5 by rule.

6   (g) In the event of the work-related death of a minor

7 engaged in work subject to this Act, the employer shall,

8 within 24 hours, report the death to the Department and to the

9 school official who issued the minor's work certificate for

10 that employer. In the event of a work-related injury or

11 illness of a minor that requires the employer to file a report

12 with the Illinois Workers' Compensation Commission under

13 Section 6 of the Workers' Compensation Act or Section 6 of the

14 Workers' Occupational Diseases Act, the employer shall submit

15 a copy of the report to the Department and to the school

16 official who issued the minor's work certificate for that

17 employer within 72 hours of the deadline by which the employer

18 must file the report to the Illinois Workers' Compensation

19 Commission. The report shall be subject to the confidentiality

20 provisions of Section 6 of the Workers' Compensation Act or

21 Section 6 of the Workers' Occupational Diseases Act.

22 (Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.)

23  (820 ILCS 206/55)

24  Sec. 55. Employment certificates.

25  (a) Any employer who employs, allows, or permits a minor
    SB2394 Enrolled       - 2997 - LRB104 09208 AMC 19265 b

1 to work shall ensure that the minor holds a valid employment

2 certificate issued by a school issuing officer.

3   (b) An application for an employment certificate must be

4 submitted by the minor and the minor's parent or legal

5 guardian to the minor's school issuing officer as follows.

6   (1) The application shall be signed by the applicant's

7   parent or legal guardian.

8   (2) The application shall be submitted in person by

9   the minor desiring employment, unless the school issuing

10  officer determines that the minor may utilize a remote

11  application process.

12  (3) The minor shall be accompanied by his or her

13  parent, guardian, or custodian, whether applying in person

14  or remotely.

15  (4) The following papers shall be submitted with the

16  application:

17  (A) A statement of intention to employ signed by

18  the prospective employer, or by someone duly

19  authorized by the prospective employer, setting forth

20  the specific nature of the occupation in which the

21  prospective employer intends to employ the minor and

22  the exact hours of the day and number of hours per day

23  and days per week during which the minor shall be

24  employed.

25  (B) Evidence of age showing that the minor is of

26  the age required by this Act, which evidence shall be
    SB2394 Enrolled  - 2998 - LRB104 09208 AMC 19265 b

1   documentary, and shall be required in the order

2   designated, as follows:

3                    (i) a birth certificate; or

4                    (ii) if a birth certificate is unavailable,

5   the parent or legal guardian may present other

6   reliable proof of the minor's identity and age

7   that is supported by a sworn statement explaining

8   why the birth certificate is not available. Other

9   reliable proof of the minor's identity and age

10  includes a passport, visa, or other governmental

11  documentation of the minor's identity. If the

12  student was not born in the United States, the

13  school issuing officer must accept birth

14  certificates or other reliable proof from a

15  foreign government.

16  (C) A statement on a form approved by the

17  Department and signed by the school issuing officer,

18  showing the minor's name, address, grade last

19  completed, the hours the minor's school is in session,

20  and other relevant information, as determined by the

21  school issuing officer, about the minor's school

22  schedule, and the names of the minor's parent or legal

23  guardian. If any of the information required to be on

24  the work permit changes, the issuing officer must

25  update the work permit and provide an updated copy to

26  the Department, the minor's employer, and the minor's
    SB2394 Enrolled  - 2999 - LRB104 09208 AMC 19265 b

1   parent or legal guardian. If the minor does not have a

2   permanent home address or is otherwise eligible for

3   services under the federal McKinney-Vento Homeless

4   Assistance Act, the lack of a birth certificate or

5   permanent home address alone shall not be a barrier to

6   receiving an employment certificate.

7   (D) A statement of physical fitness signed by a

8   health care professional who has examined the minor,

9   certifying that the minor is physically fit to be

10  employed in all legal occupations or to be employed in

11  legal occupations under limitations specified, or, at

12  the discretion of the school issuing officer, the

13  minor's most recent school physical. If the statement

14  of physical fitness is limited, the employment

15  certificate issued thereon shall state clearly the

16  limitations upon its use, and shall be valid only when

17  used under the limitations so stated. In any case

18  where the health care professional deems it advisable

19  that he or she may issue a certificate of physical

20  fitness for a specified period of time, at the

21  expiration of which the person for whom it was issued

22  shall appear and be re-examined before being permitted

23  to continue work. Examinations shall be made in

24  accordance with the standards and procedures

25  prescribed by the Director, in consultation with the

26  Director of the Department of Public Health and the
    SB2394 Enrolled  - 3000 - LRB104 09208 AMC 19265 b

1   State Superintendent of Education, and shall be

2   recorded on a form furnished by the Department. When

3   made by public health or public school physicians, the

4   examination shall be made without charge to the minor.

5   If a public health or public school health care

6   professional is not available, a statement from a

7   private health care professional who has examined the

8   minor may be accepted, provided that the examination

9   is made in accordance with the standards and

10  procedures established by the Department. For purposes

11  of this paragraph, "health care professional" means a

12  physician licensed to practice medicine in all its

13  branches, a licensed advanced practice registered

14  nurse, or a licensed physician assistant.

15  (5) The school issuing officer shall have authority to

16  verify the representations provided in the employment

17  certificate application as required by Section 55. A

18  school issuing officer shall not charge a fee for the

19  consideration of an employment certificate application.

20  (6) It shall be the duty of the school board or local

21  school authority to designate a place or places where

22  certificates shall be issued and recorded, and physical

23  examinations made without fee, and to establish and

24  maintain the necessary records and clerical services for

25  carrying out the provisions of this Act.

26  (c) Upon receipt of an application for an employment
    SB2394 Enrolled  - 3001 - LRB104 09208 AMC 19265 b

1 certificate, a school issuing officer shall issue an

2 employment certificate only after examining and approving the

3 written application and other papers required under this

4 Section, and determining that the employment shall not be

5 detrimental to the minor's health, welfare, and education. The

6 school issuing officer shall consider any report of death,

7 injury, or illness of a minor at that workplace, received

8 under the requirements of Section 35, in the prior 2 years in

9 determining whether the employment shall be detrimental to the

10 minor's health, welfare, and education. Upon issuing an

11 employment certificate to a minor, the school issuing officer

12 shall notify the principal of the school attended by the

13 minor, and provide copies to the Department, the minor's

14 employer, and the minor's parent or legal guardian. The

15 employment certificate shall be valid for a period of one year

16 from the date of issuance, unless suspended or revoked.

17  (d) If the school issuing officer refuses to issue a

18 certificate to a minor, the school issuing officer shall send

19 to the principal of the school attended by the minor a notice

20 of the refusal, including the name and address of the minor and

21 of the minor's parent or legal guardian, and the reason for the

22 refusal to issue the certificate.

23  (e) If a minor from another state seeks to obtain an

24 Illinois employment certificate, the Department shall work

25 with the State Superintendent of Education, or his or her duly

26 authorized agents, to issue the certificate if the State
    SB2394 Enrolled        - 3002 - LRB104 09208 AMC 19265 b

1 Superintendent of Education deems that all requirements for

2 issuance have been met.

3   (f) Upon request, the school issuing officer shall issue a

4 certificate of age to any person between 16 and 20 years of age

5 upon presentation of the same proof of age as is required for

6 the issuance of employment certificates under this Act.

7   (g) Any certificate duly issued in accordance with this

8 Act shall be prima facie evidence of the age of the minor for

9 whom it was issued in any proceeding involving the employment

10 of the minor under this Act, as to any act occurring subsequent

11 to its issuance, or until revoked.

12  (h) The Department may suspend any certificate as an

13 emergency action imperatively required for the health, safety,

14 welfare, or education of the minor if:

15  (1) the parent or legal guardian of a minor, the

16  school issuing officer, or the principal of the school

17  attended by the minor for whom an employment certificate

18  has been issued has asked for the revocation of the

19  certificate by petition to the Department in writing,

20  stating the reasons he or she believes that the employment

21  is interfering with the health, safety, welfare, or

22  education of the minor; or

23  (2) in the judgment of the Director, the employment

24  certificate was improperly issued or if the minor is

25  illegally employed.

26  If the certificate is suspended, the Department shall
    SB2394 Enrolled      - 3003 - LRB104 09208 AMC 19265 b

 1 notify the employer of the minor, the parent or guardian of the
 2 minor, the minor's school principal, and the school issuing
 3 officer of the suspension in writing and shall schedule an
 4 administrative hearing to take place within 21 days after the
 5 date of any suspension. The minor shall not thereafter be
 6 employed, allowed, or permitted to work unless and until his
 7 or her employment certificate has been reinstated. After the
 8 hearing, an administrative law judge shall issue a final order
 9 either reinstating or revoking the employment certificate. If
10 the certificate is revoked, the employer shall not thereafter
11 employ, permit, or allow the minor to work until the minor has
12 obtained a new employment certificate authorizing the minor's
13 employment by that employer.
14 (Source: P.A. 103-721, eff. 1-1-25; revised 10-21-24.)

15  Section 1230. The Underground Sewer Employee Safety Act is

16 amended by changing Section 0.05 as follows:

17  (820 ILCS 250/0.05)

18  Sec. 0.05. Federal regulations; operation of Act.

19  (a) Except as provided in subsection (b), Sections 1

20 through 6 of this Act are inoperative on and after June 10,

21 2022 (the effective date of Public Act 102-1071) this

22 amendatory Act of the 102nd General Assembly.

23  (b) If at any time the Occupational Safety and Health

24 standards at 29 CFR 1910.120 and, 29 CFR 1910.146 or the Safety
    SB2394 Enrolled   - 3004 - LRB104 09208 AMC 19265 b

1 and Health Regulations for Construction standards 29 CFR
2 1926.1201 through 29 CFR 1926.1213 are repealed or revoked,
3 the Director of Labor shall adopt a rule setting forth a
4 determination that this Act should be reviewed and reinstated,
5 in whole or in part, in order to protect the health and safety
6 of Illinois' workers. On the date such a rule is adopted, this
7 Act shall again become operative.
8 (Source: P.A. 102-1071, eff. 6-10-22; revised 7-24-24.)

9   Section 1235. The Workers' Compensation Act is amended by

10 changing Section 7 as follows:

11  (820 ILCS 305/7)

12  Sec. 7. The amount of compensation which shall be paid for

13 an accidental injury to the employee resulting in death is:

14  (a) If the employee leaves surviving a widow, widower,

15 child or children, the applicable weekly compensation rate

16 computed in accordance with subparagraph 2 of paragraph (b) of

17 Section 8, shall be payable during the life of the widow or

18 widower and if any surviving child or children shall not be

19 physically or mentally incapacitated then until the death of

20 the widow or widower or until the youngest child shall reach

21 the age of 18, whichever shall come later; provided that if

22 such child or children shall be enrolled as a full-time full

23 time student in any accredited educational institution, the

24 payments shall continue until such child has attained the age
    SB2394 Enrolled           - 3005 - LRB104 09208 AMC 19265 b

1 of 25. In the event any surviving child or children shall be

2 physically or mentally incapacitated, the payments shall

3 continue for the duration of such incapacity.

4   The term "child" means a child whom the deceased employee

5 left surviving, including a posthumous child, a child legally

6 adopted, a child whom the deceased employee was legally

7 obligated to support or a child to whom the deceased employee

8 stood in loco parentis. The term "children" means the plural

9 of "child".

10  The term "physically or mentally incapacitated child or

11 children" means a child or children incapable of engaging in

12 regular and substantial gainful employment.

13  In the event of the remarriage of a widow or widower, where

14 the decedent did not leave surviving any child or children

15 who, at the time of such remarriage, are entitled to

16 compensation benefits under this Act, the surviving spouse

17 shall be paid a lump sum equal to 2 years compensation benefits

18 and all further rights of such widow or widower shall be

19 extinguished.

20  If the employee leaves surviving any child or children

21 under 18 years of age who at the time of death shall be

22 entitled to compensation under this paragraph (a) of this

23 Section, the weekly compensation payments herein provided for

24 such child or children shall in any event continue for a period

25 of not less than 6 years.

26  Any beneficiary entitled to compensation under this
    SB2394 Enrolled  - 3006 - LRB104 09208 AMC 19265 b

1 paragraph (a) of this Section shall receive from the special

2 fund provided in paragraph (f) of this Section, in addition to

3 the compensation herein provided, supplemental benefits in

4 accordance with paragraph (g) of Section 8.

5   (b) If no compensation is payable under paragraph (a) of

6 this Section and the employee leaves surviving a parent or

7 parents who at the time of the accident were totally dependent

8 upon the earnings of the employee then weekly payments equal

9 to the compensation rate payable in the case where the

10 employee leaves surviving a widow or widower, shall be paid to

11 such parent or parents for the duration of their lives, and in

12 the event of the death of either, for the life of the survivor.

13  (c) If no compensation is payable under paragraph

14 paragraphs (a) or (b) of this Section and the employee leaves

15 surviving any child or children who are not entitled to

16 compensation under the foregoing paragraph (a) but who at the

17 time of the accident were nevertheless in any manner dependent

18 upon the earnings of the employee, or leaves surviving a

19 parent or parents who at the time of the accident were

20 partially dependent upon the earnings of the employee, then

21 there shall be paid to such dependent or dependents for a

22 period of 8 years weekly compensation payments at such

23 proportion of the applicable rate if the employee had left

24 surviving a widow or widower as such dependency bears to total

25 dependency. In the event of the death of any such beneficiary

26 the share of such beneficiary shall be divided equally among
    SB2394 Enrolled       - 3007 - LRB104 09208 AMC 19265 b

1 the surviving beneficiaries and in the event of the death of

2 the last such beneficiary all the rights under this paragraph

3 shall be extinguished.

4   (d) If no compensation is payable under paragraph

5 paragraphs (a), (b), or (c) of this Section and the employee

6 leaves surviving any grandparent, grandparents, grandchild or

7 grandchildren or collateral heirs dependent upon the

8 employee's earnings to the extent of 50% or more of total

9 dependency, then there shall be paid to such dependent or

10 dependents for a period of 5 years weekly compensation

11 payments at such proportion of the applicable rate if the

12 employee had left surviving a widow or widower as such

13 dependency bears to total dependency. In the event of the

14 death of any such beneficiary the share of such beneficiary

15 shall be divided equally among the surviving beneficiaries and

16 in the event of the death of the last such beneficiary all

17 rights hereunder shall be extinguished.

18  (e) The compensation to be paid for accidental injury

19 which results in death, as provided in this Section, shall be

20 paid to the persons who form the basis for determining the

21 amount of compensation to be paid by the employer, the

22 respective shares to be in the proportion of their respective

23 dependency at the time of the accident on the earnings of the

24 deceased. The Commission or an Arbitrator thereof may, in its

25 or his discretion, order or award the payment to the parent or

26 grandparent of a child for the latter's support the amount of
    SB2394 Enrolled  - 3008 - LRB104 09208 AMC 19265 b

1 compensation which but for such order or award would have been

2 paid to such child as its share of the compensation payable,

3 which order or award may be modified from time to time by the

4 Commission in its discretion with respect to the person to

5 whom shall be paid the amount of the order or award remaining

6 unpaid at the time of the modification.

7   The payments of compensation by the employer in accordance

8 with the order or award of the Commission discharges such

9 employer from all further obligation as to such compensation.

10  (f) The sum of $8,000 for burial expenses shall be paid by

11 the employer to the widow or widower, other dependent, next of

12 kin or to the person or persons incurring the expense of

13 burial.

14  In the event the employer failed to provide necessary

15 first aid, medical, surgical or hospital service, he shall pay

16 the cost thereof to the person or persons entitled to

17 compensation under paragraphs (a), (b), (c), or (d) of this

18 Section, or to the person or persons incurring the obligation

19 therefore, or providing the same.

20  On January 15 and July 15, 1981, and on January 15 and July

21 15 of each year thereafter the employer shall within 60 days

22 pay a sum equal to 1/8 of 1% of all compensation payments made

23 by him after July 1, 1980, either under this Act or the

24 Workers' Occupational Diseases Act, whether by lump sum

25 settlement or weekly compensation payments, but not including

26 hospital, surgical or rehabilitation payments, made during the
    SB2394 Enrolled  - 3009 - LRB104 09208 AMC 19265 b

1 first 6 months and during the second 6 months respectively of

2 the fiscal year next preceding the date of the payments, into a

3 special fund which shall be designated the "Second Injury

4 Fund", of which the State Treasurer is ex officio ex-officio

5 custodian, such special fund to be held and disbursed for the

6 purposes hereinafter stated in paragraphs (f) and (g) of

7 Section 8, either upon the order of the Commission or of a

8 competent court. Said special fund shall be deposited the same

9 as are State funds and any interest accruing thereon shall be

10 added thereto every 6 months. It is subject to audit the same

11 as State funds and accounts and is protected by the General

12 bond given by the State Treasurer. It is considered always

13 appropriated for the purposes of disbursements as provided in

14 paragraph (f) of Section 8, paragraph (f), of this Act, and

15 shall be paid out and disbursed as therein provided and shall

16 not at any time be appropriated or diverted to any other use or

17 purpose.

18  On January 15, 1991, the employer shall further pay a sum

19 equal to one half of 1% of all compensation payments made by

20 him from January 1, 1990 through June 30, 1990 either under

21 this Act or under the Workers' Occupational Diseases Act,

22 whether by lump sum settlement or weekly compensation

23 payments, but not including hospital, surgical or

24 rehabilitation payments, into an additional Special Fund which

25 shall be designated as the "Rate Adjustment Fund". On March

26 15, 1991, the employer shall pay into the Rate Adjustment Fund
SB2394 Enrolled  - 3010 - LRB104 09208 AMC 19265 b

 1 a sum equal to one half of 1% of all such compensation payments
 2 made from July 1, 1990 through December 31, 1990. Within 60
 3 days after July 15, 1991, the employer shall pay into the Rate
 4 Adjustment Fund a sum equal to one half of 1% of all such
 5 compensation payments made from January 1, 1991 through June
 6 30, 1991. Within 60 days after January 15 of 1992 and each
 7 subsequent year through 1996, the employer shall pay into the
 8 Rate Adjustment Fund a sum equal to one half of 1% of all such
 9 compensation payments made in the last 6 months of the
10 preceding calendar year. Within 60 days after July 15 of 1992
11 and each subsequent year through 1995, the employer shall pay
12 into the Rate Adjustment Fund a sum equal to one half of 1% of
13 all such compensation payments made in the first 6 months of
14 the same calendar year. Within 60 days after January 15 of 1997
15 and each subsequent year through 2005, the employer shall pay
16 into the Rate Adjustment Fund a sum equal to three-fourths of
17 1% of all such compensation payments made in the last 6 months
18 of the preceding calendar year. Within 60 days after July 15 of
19 1996 and each subsequent year through 2004, the employer shall
20 pay into the Rate Adjustment Fund a sum equal to three-fourths
21 of 1% of all such compensation payments made in the first 6
22 months of the same calendar year. Within 60 days after July 15
23 of 2005, the employer shall pay into the Rate Adjustment Fund a
24 sum equal to 1% of such compensation payments made in the first
25 6 months of the same calendar year. Within 60 days after
26 January 15 of 2006 and each subsequent year through 2024, the
SB2394 Enrolled  - 3011 - LRB104 09208 AMC 19265 b

 1 employer shall pay into the Rate Adjustment Fund a sum equal to
 2 1.25% of such compensation payments made in the last 6 months
 3 of the preceding calendar year. Within 60 days after July 15 of
 4 2006 and each subsequent year through 2023, the employer shall
 5 pay into the Rate Adjustment Fund a sum equal to 1.25% of such
 6 compensation payments made in the first 6 months of the same
 7 calendar year. Within 60 days after July 15 of 2024 and each
 8 subsequent year thereafter, the employer shall pay into the
 9 Rate Adjustment Fund a sum equal to 1.375% of such
10 compensation payments made in the first 6 months of the same
11 calendar year. Within 60 days after January 15 of 2025 and each
12 subsequent year thereafter, the employer shall pay into the
13 Rate Adjustment Fund a sum equal to 1.375% of such
14 compensation payments made in the last 6 months of the
15 preceding calendar year. The administrative costs of
16 collecting assessments from employers for the Rate Adjustment
17 Fund shall be paid from the Rate Adjustment Fund. The cost of
18 an actuarial audit of the Fund shall be paid from the Rate
19 Adjustment Fund. The State Treasurer is ex officio custodian
20 of such Special Fund and the same shall be held and disbursed
21 for the purposes hereinafter stated in paragraphs (f) and (g)
22 of Section 8 upon the order of the Commission or of a competent
23 court. The Rate Adjustment Fund shall be deposited the same as
24 are State funds and any interest accruing thereon shall be
25 added thereto every 6 months. It shall be subject to audit the
26 same as State funds and accounts and shall be protected by the
SB2394 Enrolled  - 3012 - LRB104 09208 AMC 19265 b

 1 general bond given by the State Treasurer. It is considered
 2 always appropriated for the purposes of disbursements as
 3 provided in paragraphs (f) and (g) of Section 8 of this Act and
 4 shall be paid out and disbursed as therein provided and shall
 5 not at any time be appropriated or diverted to any other use or
 6 purpose. Within 5 days after December 7, 1990 (the effective
 7 date of Public Act 86-1448) this amendatory Act of 1990, the
 8 Comptroller and the State Treasurer shall transfer $1,000,000
 9 from the General Revenue Fund to the Rate Adjustment Fund. By
10 February 15, 1991, the Comptroller and the State Treasurer
11 shall transfer $1,000,000 from the Rate Adjustment Fund to the
12 General Revenue Fund. The Comptroller and Treasurer are
13 authorized to make transfers at the request of the Chairman up
14 to a total of $19,000,000 from the Second Injury Fund, the
15 General Revenue Fund, and the Workers' Compensation Benefit
16 Trust Fund to the Rate Adjustment Fund to the extent that there
17 is insufficient money in the Rate Adjustment Fund to pay
18 claims and obligations. Amounts may be transferred from the
19 General Revenue Fund only if the funds in the Second Injury
20 Fund or the Workers' Compensation Benefit Trust Fund are
21 insufficient to pay claims and obligations of the Rate
22 Adjustment Fund. All amounts transferred from the Second
23 Injury Fund, the General Revenue Fund, and the Workers'
24 Compensation Benefit Trust Fund shall be repaid from the Rate
25 Adjustment Fund within 270 days of a transfer, together with
26 interest at the rate earned by moneys on deposit in the Fund or
    SB2394 Enrolled  - 3013 - LRB104 09208 AMC 19265 b

1 Funds from which the moneys were transferred.

2   Upon a finding by the Commission, after reasonable notice

3 and hearing, that any employer has willfully and knowingly

4 failed to pay the proper amounts into the Second Injury Fund or

5 the Rate Adjustment Fund required by this Section or if such

6 payments are not made within the time periods prescribed by

7 this Section, the employer shall, in addition to such

8 payments, pay a penalty of 20% of the amount required to be

9 paid or $2,500, whichever is greater, for each year or part

10 thereof of such failure to pay. This penalty shall only apply

11 to obligations of an employer to the Second Injury Fund or the

12 Rate Adjustment Fund accruing after December 18, 1989 (the

13 effective date of Public Act 86-998) this amendatory Act of

14 1989. All or part of such a penalty may be waived by the

15 Commission for good cause shown.

16  Any obligations of an employer to the Second Injury Fund

17 and Rate Adjustment Fund accruing prior to December 18, 1989

18 (the effective date of Public Act 86-998) this amendatory Act

19 of 1989 shall be paid in full by such employer within 5 years

20 of December 18, 1989 (the effective date of Public Act 86-998)

21 this amendatory Act of 1989, with at least one-fifth of such

22 obligation to be paid during each year following December 18,

23 1989 (the effective date of Public Act 86-998) this amendatory

24 Act of 1989. If the Commission finds, following reasonable

25 notice and hearing, that an employer has failed to make timely

26 payment of any obligation accruing under the preceding
    SB2394 Enrolled  - 3014 - LRB104 09208 AMC 19265 b

1 sentence, the employer shall, in addition to all other

2 payments required by this Section, be liable for a penalty

3 equal to 20% of the overdue obligation or $2,500, whichever is

4 greater, for each year or part thereof that obligation is

5 overdue. All or part of such a penalty may be waived by the

6 Commission for good cause shown.

7   The Chairman of the Illinois Workers' Compensation

8 Commission shall, annually, furnish to the Director of the

9 Department of Insurance a list of the amounts paid into the

10 Second Injury Fund and the Rate Adjustment Fund by each

11 insurance company on behalf of their insured employers. The

12 Director shall verify to the Chairman that the amounts paid by

13 each insurance company are accurate as best as the Director

14 can determine from the records available to the Director. The

15 Chairman shall verify that the amounts paid by each

16 self-insurer are accurate as best as the Chairman can

17 determine from records available to the Chairman. The Chairman

18 may require each self-insurer to provide information

19 concerning the total compensation payments made upon which

20 contributions to the Second Injury Fund and the Rate

21 Adjustment Fund are predicated and any additional information

22 establishing that such payments have been made into these

23 funds. Any deficiencies in payments noted by the Director or

24 Chairman shall be subject to the penalty provisions of this

25 Act.

26  The State Treasurer, or his duly authorized
    SB2394 Enrolled  - 3015 - LRB104 09208 AMC 19265 b

1 representative, shall be named as a party to all proceedings

2 in all cases involving claim for the loss of, or the permanent

3 and complete loss of the use of one eye, one foot, one leg, one

4 arm or one hand.

5   The State Treasurer or his duly authorized agent shall

6 have the same rights as any other party to the proceeding,

7 including the right to petition for review of any award. The

8 reasonable expenses of litigation, such as medical

9 examinations, testimony, and transcript of evidence, incurred

10 by the State Treasurer or his duly authorized representative,

11 shall be borne by the Second Injury Fund.

12  If the award is not paid within 30 days after the date the

13 award has become final, the Commission shall proceed to take

14 judgment thereon in its own name as is provided for other

15 awards by paragraph (g) of Section 19 of this Act and take the

16 necessary steps to collect the award.

17  Any person, corporation or organization who has paid or

18 become liable for the payment of burial expenses of the

19 deceased employee may in his or its own name institute

20 proceedings before the Commission for the collection thereof.

21  For the purpose of administration, receipts and

22 disbursements, the Special Fund provided for in paragraph (f)

23 of this Section shall be administered jointly with the Special

24 Fund provided for in paragraph (f) of Section 7, paragraph (f)

25 of the Workers' Occupational Diseases Act.

26  (g) All compensation, except for burial expenses provided
    SB2394 Enrolled   - 3016 - LRB104 09208 AMC 19265 b

1 in this Section to be paid in case accident results in death,

2 shall be paid in installments equal to the percentage of the

3 average earnings as provided for in paragraph (b) of Section

4 8, paragraph (b) of this Act, at the same intervals at which

5 the wages or earnings of the employees were paid. If this is

6 not feasible, then the installments shall be paid weekly. Such

7 compensation may be paid in a lump sum upon petition as

8 provided in Section 9 of this Act. However, in addition to the

9 benefits provided by Section 9 of this Act where compensation

10 for death is payable to the deceased's widow, widower or to the

11 deceased's widow, widower and one or more children, and where

12 a partial lump sum is applied for by such beneficiary or

13 beneficiaries within 18 months after the deceased's death, the

14 Commission may, in its discretion, grant a partial lump sum of

15 not to exceed 100 weeks of the compensation capitalized at

16 their present value upon the basis of interest calculated at

17 3% per annum with annual rests, upon a showing that such

18 partial lump sum is for the best interest of such beneficiary

19 or beneficiaries.

20  (h) In case the injured employee is under 16 years of age

21 at the time of the accident and is illegally employed, the

22 amount of compensation payable under paragraphs (a), (b), (c),

23 (d), and (f) of this Section shall be increased 50%.

24  Nothing herein contained repeals or amends the provisions

25 of the Child Labor Law of 2024 relating to the employment of

26 minors under the age of 16 years.
    SB2394 Enrolled  - 3017 - LRB104 09208 AMC 19265 b

1   However, where an employer has on file an employment

2 certificate issued pursuant to the Child Labor Law of 2024 or

3 work permit issued pursuant to the Federal Fair Labor

4 Standards Act, as amended, or a birth certificate properly and

5 duly issued, such certificate, permit or birth certificate is

6 conclusive evidence as to the age of the injured minor

7 employee for the purposes of this Section only.

8   (i) Whenever the dependents of a deceased employee are

9 noncitizens not residing in the United States, Mexico or

10 Canada, the amount of compensation payable is limited to the

11 beneficiaries described in paragraphs (a), (b), and (c) of

12 this Section and is 50% of the compensation provided in

13 paragraphs (a), (b), and (c) of this Section, except as

14 otherwise provided by treaty.

15  In a case where any of the persons who would be entitled to

16 compensation is living at any place outside of the United

17 States, then payment shall be made to the personal

18 representative of the deceased employee. The distribution by

19 such personal representative to the persons entitled shall be

20 made to such persons and in such manner as the Commission

21 orders.

22 (Source: P.A. 102-1030, eff. 5-27-22; 103-590, eff. 6-5-24;

23 103-721, eff. 1-1-25; revised 10-10-24.)

24  Section 9995. No acceleration or delay. Where this Act

25 makes changes in a statute that is represented in this Act by
   SB2394 Enrolled  - 3018 - LRB104 09208 AMC 19265 b

1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i) the
4 changes made by this Act or (ii) provisions derived from any
5 other Public Act.

6  Section 9996. No revival or extension. This Act does not

7 revive or extend any Section or Act otherwise repealed.

8  Section 9999. Effective date. This Act takes effect upon

9 becoming law.
   SB2394 Enrolled      - 3019 - LRB104 09208 AMC 19265 b

1                       INDEX

2  Statutes amended in order of appearance

 3 5 ILCS 70/1.33       from Ch. 1, par. 1034
 4 5 ILCS 80/4.39
 5 5 ILCS 80/4.40       from Ch. 48, par. 1605
 6 5 ILCS 80/4.35 rep.  from Ch. 48, par. 1615
 7 5 ILCS 100/5-45.52   from Ch. 127, par. 523
 8 5 ILCS 100/5-45.55
 9 5 ILCS 100/5-45.58   from Ch. 127, par. 530
10 5 ILCS 100/5-45.59   from Ch. 46, par. 16-3
11 5 ILCS 100/5-45.60   from Ch. 46, par. 17-5
12 5 ILCS 140/7.5       from Ch. 46, par. 17-12
13 5 ILCS 315/5         from Ch. 46, par. 28-3
14 5 ILCS 315/15
15 5 ILCS 375/3
16 5 ILCS 375/6.11
17 5 ILCS 375/6.11D
18 5 ILCS 375/6.11E
19 5 ILCS 375/10
20 5 ILCS 377/10-10
21 5 ILCS 840/40
22 10 ILCS 5/16-3
23 10 ILCS 5/17-5
24 10 ILCS 5/17-12
25 10 ILCS 5/28-3
SB2394 Enrolled              - 3020 - LRB104 09208 AMC 19265 b

1 10 ILCS 5/Art. 29 heading

2 10 ILCS 22/5-1

3 15 ILCS 56/10

4 15 ILCS 335/4

5 15 ILCS 335/5

6 15 ILCS 335/12             from Ch. 124, par. 32

7 15 ILCS 505/16.8

8 20 ILCS 5/5-10

9 20 ILCS 5/5-717

10 20 ILCS 105/4.01

11 20 ILCS 105/4.02

12 20 ILCS 105/4.04          from Ch. 23, par. 6104.04

13 20 ILCS 301/5-23

14 20 ILCS 405/405-545

15 20 ILCS 505/5.15

16 20 ILCS 505/5.46

17 20 ILCS 505/7.3b

18 20 ILCS 520/1-15

19 20 ILCS 520/1-20

20 20 ILCS 521/5

21 20 ILCS 605/605-1115

22 20 ILCS 605/605-1116

23 20 ILCS 605/605-1117

24 20 ILCS 620/8             from Ch. 67 1/2, par. 1008

25 20 ILCS 686/10

26 20 ILCS 686/20
           SB2394 Enrolled  - 3021 - LRB104 09208 AMC 19265 b

 1 20 ILCS 686/65           from Ch. 23, par. 3417
 2 20 ILCS 686/95           was 20 ILCS 2705/49.25h
 3 20 ILCS 1305/1-75        from Ch. 127, par. 1055
 4 20 ILCS 1405/1405-40     from Ch. 127, par. 2716
 5 20 ILCS 2105/2105-370    from Ch. 67 1/2, par. 316
 6 20 ILCS 2105/2105-375
 7 20 ILCS 2310/2310-347
 8 20 ILCS 2310/2310-730
 9 20 ILCS 2310/2310-731
10 20 ILCS 2310/2310-732
11 20 ILCS 2410/7
12 20 ILCS 2505/2505-815
13 20 ILCS 2505/2505-816
14 20 ILCS 2605/2605-51
15 20 ILCS 2630/5.2
16 20 ILCS 2705/2705-440
17 20 ILCS 2805/40
18 20 ILCS 3005/2.14
19 20 ILCS 3105/10.09-1
20 20 ILCS 3305/5
21 20 ILCS 3405/4.7
22 20 ILCS 3405/16
23 20 ILCS 3405/21
24 20 ILCS 3805/16
25 20 ILCS 4131/5
26 20 ILCS 4132/10
           SB2394 Enrolled  - 3022 - LRB104 09208 AMC 19265 b
                            from Ch. 63, par. 29.4
 1 20 ILCS 4133/15
 2 20 ILCS 4133/35          from Ch. 17, par. 6917
 3 20 ILCS 5075/10          from Ch. 127, par. 2806
 4 25 ILCS 130/4-2.1
 5 25 ILCS 135/5.04
 6 30 ILCS 105/5.1015
 7 30 ILCS 105/5.1016
 8 30 ILCS 105/5.1017
 9 30 ILCS 105/5.1018
10 30 ILCS 105/5.1019
11 30 ILCS 105/5.1020
12 30 ILCS 105/5.1021
13 30 ILCS 105/5.1022
14 30 ILCS 105/5.1023
15 30 ILCS 105/5.1024
16 30 ILCS 105/5.1025
17 30 ILCS 105/5.1026
18 30 ILCS 105/5.1027
19 30 ILCS 105/6z-82
20 30 ILCS 105/6z-140
21 30 ILCS 105/6z-143
22 30 ILCS 105/8.3
23 30 ILCS 105/8g-1
24 30 ILCS 350/17
25 30 ILCS 425/6
26 30 ILCS 500/1-10
           SB2394 Enrolled  - 3023 - LRB104 09208 AMC 19265 b

 1 30 ILCS 500/20-60        from Ch. 120, par. 2-203
 2 30 ILCS 500/45-57        from Ch. 120, par. 3-304
 3 30 ILCS 500/45-105
 4 30 ILCS 574/40-10        from Ch. 120, par. 439.2
 5 30 ILCS 708/15           from Ch. 120, par. 439.33-10
 6 30 ILCS 805/8.33         from Ch. 120, par. 439.33-10
 7 35 ILCS 5/203
 8 35 ILCS 5/241
 9 35 ILCS 5/242
10 35 ILCS 5/243
11 35 ILCS 5/244
12 35 ILCS 5/304
13 35 ILCS 5/704A
14 35 ILCS 10/5-56
15 35 ILCS 18/40-1
16 35 ILCS 18/40-5
17 35 ILCS 19/50-1
18 35 ILCS 45/110-20
19 35 ILCS 60/170-1
20 35 ILCS 105/2
21 35 ILCS 105/3-5
22 35 ILCS 105/3-10
23 35 ILCS 110/3-5
24 35 ILCS 110/3-10
25 35 ILCS 110/9
26 35 ILCS 115/3-5
           SB2394 Enrolled  - 3024 - LRB104 09208 AMC 19265 b
                            from Ch. 120, par. 439.103-10
 1 35 ILCS 115/3-10
 2 35 ILCS 120/1            from Ch. 120, par. 441-10
 3 35 ILCS 120/2            from Ch. 120, par. 481b.32
 4 35 ILCS 120/2-5          from Ch. 120, par. 481b.36
 5 35 ILCS 120/2-10         from Ch. 120, par. 1702
 6 35 ILCS 120/2-12
 7 35 ILCS 145/2            from Ch. 120, par. 2002
 8 35 ILCS 145/6
 9 35 ILCS 155/2            from Ch. 108 1/2, par. 13-309
10 35 ILCS 155/6            from Ch. 108 1/2, par. 13-310
11 35 ILCS 200/18-185       from Ch. 108 1/2, par. 15-112
12 35 ILCS 200/18-250       from Ch. 85, par. 831-3
13 35 ILCS 200/22-15        from Ch. 146 1/2, par. 3
14 35 ILCS 200/22-40        from Ch. 85, par. 925
15 35 ILCS 630/2
16 35 ILCS 635/10
17 40 ILCS 5/9-169.2
18 40 ILCS 5/13-309
19 40 ILCS 5/13-310
20 40 ILCS 5/15-112
21 50 ILCS 425/3
22 50 ILCS 430/3
23 50 ILCS 450/5
24 50 ILCS 705/8.2
25 50 ILCS 705/10.25
26 50 ILCS 705/10.26
           SB2394 Enrolled  - 3025 - LRB104 09208 AMC 19265 b

 1 50 ILCS 750/7.1          was 50 ILCS 835/15
 2 50 ILCS 754/55           from Ch. 34, par. 5-1009
 3 50 ILCS 840/15
 4 55 ILCS 5/3-15003.6      from Ch. 34, par. 5-15017
 5 55 ILCS 5/4-11001.5      from Ch. 34, par. 5-31012
 6 55 ILCS 5/5-1009         from Ch. 34, par. 5-31016
 7 55 ILCS 5/5-1069         from Ch. 34, par. 6-4002
 8 55 ILCS 5/5-1069.3       from Ch. 34, par. 6-27004
 9 55 ILCS 5/5-1189         from Ch. 24, par. 8-4.1-8
10 55 ILCS 5/5-1190
11 55 ILCS 5/5-1191         from Ch. 24, par. 11-19-1
12 55 ILCS 5/5-12020        from Ch. 24, par. 11-48.3-11
13 55 ILCS 5/5-12022
14 55 ILCS 5/5-12023
15 55 ILCS 5/5-15017
16 55 ILCS 5/5-31012
17 55 ILCS 5/5-31016
18 55 ILCS 5/6-4002
19 55 ILCS 5/6-27004
20 65 ILCS 5/8-4.1-8
21 65 ILCS 5/10-4-2
22 65 ILCS 5/10-4-2.3
23 65 ILCS 5/11-13-28
24 65 ILCS 5/11-13-29
25 65 ILCS 5/11-19-1
26 65 ILCS 5/11-48.3-11
           SB2394 Enrolled  - 3026 - LRB104 09208 AMC 19265 b
                            from Ch. 24, par. 11-61-3
 1 65 ILCS 5/11-61-3        from Ch. 24, par. 11-135-1
 2 65 ILCS 5/11-135-1       from Ch. 24, par. 11-135-4
 3 65 ILCS 5/11-135-4       from Ch. 15 1/2, par. 68.15b
 4 65 ILCS 110/10           from Ch. 85, par. 1243.1
 5 70 ILCS 5/15.2           from Ch. 96 1/2, par. 7116
 6 70 ILCS 210/23.1
 7 70 ILCS 410/15           from Ch. 85, par. 6205
 8 70 ILCS 504/21
 9 70 ILCS 506/21           from Ch. 85, par. 6161.1
10 70 ILCS 508/21
11 70 ILCS 510/5            from Ch. 85, par. 7157
12 70 ILCS 516/21
13 70 ILCS 518/26           from Ch. 42, par. 6-12
14 70 ILCS 519/5-26
15 70 ILCS 520/11.1         from Ch. 85, par. 6817
16 70 ILCS 525/2005.1       from Ch. 105, par. 333.20
17 70 ILCS 530/5.1
18 70 ILCS 530/7
19 70 ILCS 531/5
20 70 ILCS 532/26
21 70 ILCS 535/5.1
22 70 ILCS 605/6-12
23 70 ILCS 705/6.3
24 70 ILCS 705/6.4
25 70 ILCS 1105/17
26 70 ILCS 1505/20
           SB2394 Enrolled  - 3027 - LRB104 09208 AMC 19265 b

 1 70 ILCS 1505/20a         from Ch. 105, par. 333.20a
 2 70 ILCS 1510/2           from Ch. 105, par. 333.25
 3 70 ILCS 1510/4           from Ch. 105, par. 333.27
 4 70 ILCS 1805/17          from Ch. 19, par. 617
 5 70 ILCS 1815/23          from Ch. 19, par. 823
 6 70 ILCS 1820/9           from Ch. 19, par. 859
 7 70 ILCS 1825/9           from Ch. 19, par. 259
 8 70 ILCS 1825/10          from Ch. 19, par. 260
 9 70 ILCS 1830/22.1        from Ch. 19, par. 522.1
10 70 ILCS 1830/23.1        from Ch. 19, par. 523.1
11 70 ILCS 1835/12          from Ch. 19, par. 712
12 70 ILCS 1850/9           from Ch. 19, par. 409
13 70 ILCS 1855/10          from Ch. 19, par. 460
14 70 ILCS 1855/11          from Ch. 19, par. 461
15 70 ILCS 1860/8           from Ch. 19, par. 291
16 70 ILCS 1865/9           from Ch. 19, par. 187
17 70 ILCS 1870/17          from Ch. 19, par. 767
18 70 ILCS 2105/11          from Ch. 42, par. 394
19 70 ILCS 2205/16.2        from Ch. 42, par. 262.2
20 70 ILCS 2305/9.1         from Ch. 42, par. 285.1
21 70 ILCS 2305/22          from Ch. 42, par. 296.2
22 70 ILCS 2405/3           from Ch. 42, par. 301
23 70 ILCS 2405/8.2         from Ch. 42, par. 307.2
24 70 ILCS 2405/16.3        from Ch. 42, par. 315.3
25 70 ILCS 2405/20          from Ch. 42, par. 317b
26 70 ILCS 2605/9b          from Ch. 42, par. 328b
           SB2394 Enrolled  - 3028 - LRB104 09208 AMC 19265 b
                            from Ch. 42, par. 328d
 1 70 ILCS 2605/9d          from Ch. 42, par. 328.6
 2 70 ILCS 2605/9.6         from Ch. 42, par. 329a
 3 70 ILCS 2605/10.1        from Ch. 42, par. 422.1
 4 70 ILCS 2805/11.1        from Ch. 42, par. 437c
 5 70 ILCS 2805/26c         from Ch. 42, par. 440
 6 70 ILCS 2805/29          from Ch. 42, par. 443b.1
 7 70 ILCS 2805/32b.1       from Ch. 42, par. 443e
 8 70 ILCS 2805/32e         from Ch. 42, par. 298.1
 9 70 ILCS 3005/1           from Ch. 42, par. 319.2a
10 70 ILCS 3010/2a          from Ch. 42, par. 319.31
11 70 ILCS 3015/1           from Ch. 85, par. 1670
12 70 ILCS 3105/20          from Ch. 85, par. 6013
13 70 ILCS 3205/13
14 70 ILCS 3210/100         from Ch. 122, par. 2-3.25f
15 70 ILCS 3615/4.03
16 105 ILCS 5/1D-1          from Ch. 122, par. 5-1
17 105 ILCS 5/2-3.25f
18 105 ILCS 5/2-3.169       from Ch. 122, par. 5-13
19 105 ILCS 5/2-3.204
20 105 ILCS 5/2-3.205       from Ch. 122, par. 10-22.6
21 105 ILCS 5/5-1
22 105 ILCS 5/5-2.2
23 105 ILCS 5/5-13
24 105 ILCS 5/10-16a
25 105 ILCS 5/10-22.3f
26 105 ILCS 5/10-22.6
           SB2394 Enrolled  - 3029 - LRB104 09208 AMC 19265 b
                            from Ch. 122, par. 10-22.22
 1 105 ILCS 5/10-22.22      from Ch. 122, par. 10-22.36
 2 105 ILCS 5/10-22.24b
 3 105 ILCS 5/10-22.36      from Ch. 122, par. 24-4.1
 4 105 ILCS 5/14A-32        from Ch. 122, par. 24A-5
 5 105 ILCS 5/18-8.15
 6 105 ILCS 5/19-1          from Ch. 122, par. 34-18
 7 105 ILCS 5/21B-50
 8 105 ILCS 5/22-94         from Ch. 122, par. 34-22.6
 9 105 ILCS 5/24-4.1        from Ch. 122, par. 34-22.10
10 105 ILCS 5/24A-2.5       from Ch. 122, par. 34A-502
11 105 ILCS 5/24A-5
12 105 ILCS 5/27-23.17
13 105 ILCS 5/27-23.18
14 105 ILCS 5/27A-5
15 105 ILCS 5/34-18
16 105 ILCS 5/34-18.68
17 105 ILCS 5/34-18.85
18 105 ILCS 5/34-18.87
19 105 ILCS 5/34-22.6
20 105 ILCS 5/34-22.10
21 105 ILCS 5/34A-502
22 105 ILCS 110/3
23 105 ILCS 230/5-300
24 110 ILCS 28/25
25 110 ILCS 148/85
26 110 ILCS 167/15
           SB2394 Enrolled  - 3030 - LRB104 09208 AMC 19265 b
                            from Ch. 144, par. 188
 1 110 ILCS 167/16
 2 110 ILCS 167/17
 3 110 ILCS 205/8
 4 110 ILCS 305/90
 5 110 ILCS 305/180
 6 110 ILCS 305/185
 7 110 ILCS 305/190
 8 110 ILCS 520/75
 9 110 ILCS 520/155
10 110 ILCS 520/160
11 110 ILCS 660/5-185
12 110 ILCS 660/5-265
13 110 ILCS 660/5-270
14 110 ILCS 665/10-185
15 110 ILCS 665/10-270
16 110 ILCS 665/10-275
17 110 ILCS 670/15-185
18 110 ILCS 670/15-265
19 110 ILCS 670/15-270
20 110 ILCS 675/20-190
21 110 ILCS 675/20-275
22 110 ILCS 675/20-280
23 110 ILCS 680/25-185
24 110 ILCS 680/25-270
25 110 ILCS 680/25-275
26 110 ILCS 685/30-195
SB2394 Enrolled           - 3031 - LRB104 09208 AMC 19265 b

1 110 ILCS 685/30-280

2 110 ILCS 685/30-285

3 110 ILCS 690/35-115

4 110 ILCS 690/35-190

5 110 ILCS 690/35-275

6 110 ILCS 690/35-280

7 110 ILCS 805/3-20.3.01  from Ch. 122, par. 103-20.3.01

8 110 ILCS 805/3-29.26

9 110 ILCS 805/3-29.27

10 110 ILCS 805/3-65

11 110 ILCS 947/50

12 110 ILCS 947/52

13 110 ILCS 947/65.125

14 110 ILCS 947/65.130

15 110 ILCS 992/5-70

16 110 ILCS 998/10-1

17 115 ILCS 5/5           from Ch. 48, par. 1705

18 205 ILCS 5/2           from Ch. 17, par. 302

19 210 ILCS 9/10

20 210 ILCS 46/3-801.1

21 210 ILCS 50/3.40

22 210 ILCS 50/3.117

23 210 ILCS 85/11.9

24 210 ILCS 85/11.10

25 210 ILCS 88/35

26 210 ILCS 115/1         from Ch. 111 1/2, par. 711
           SB2394 Enrolled  - 3032 - LRB104 09208 AMC 19265 b

 1 210 ILCS 115/21.5        from Ch. 73, par. 979a
 2 215 ILCS 5/Art. V.75     from Ch. 73, par. 979f
 3 heading                  from Ch. 73, par. 982c
 4 215 ILCS 5/155.36        from Ch. 73, par. 1020
 5 215 ILCS 5/355           from Ch. 73, par. 1065.58-109
 6 215 ILCS 5/356z.5
 7 215 ILCS 5/356z.14
 8 215 ILCS 5/356z.25
 9 215 ILCS 5/356z.40
10 215 ILCS 5/356z.61
11 215 ILCS 5/356z.71
12 215 ILCS 5/356z.72
13 215 ILCS 5/356z.73
14 215 ILCS 5/356z.74
15 215 ILCS 5/356z.75
16 215 ILCS 5/356z.76
17 215 ILCS 5/356z.77
18 215 ILCS 5/356z.78
19 215 ILCS 5/363
20 215 ILCS 5/367a
21 215 ILCS 5/367f
22 215 ILCS 5/370c
23 215 ILCS 5/408
24 215 ILCS 5/416
25 215 ILCS 5/500-35
26 215 ILCS 5/511.109
           SB2394 Enrolled  - 3033 - LRB104 09208 AMC 19265 b
                            from Ch. 73, par. 1065.84-3
 1 215 ILCS 5/534.3         from Ch. 111 1/2, par. 1411.2
 2 215 ILCS 124/3           from Ch. 73, par. 1504-3
 3 215 ILCS 125/5-3
 4 215 ILCS 130/4003        from Ch. 32, par. 604
 5 215 ILCS 134/10
 6 215 ILCS 159/5           from Ch. 111 2/3, par. 1602
 7 215 ILCS 161/5           from Ch. 111 2/3, par. 1610
 8 215 ILCS 165/10          from Ch. 111 2/3, par. 1612
 9 215 ILCS 180/10
10 215 ILCS 200/77          from Ch. 23, par. 2228
11 220 ILCS 5/16-108.18     from Ch. 111, par. 2304
12 220 ILCS 50/2
13 220 ILCS 50/4.1
14 220 ILCS 50/10
15 220 ILCS 50/12
16 225 ILCS 10/2.09
17 225 ILCS 10/3
18 225 ILCS 10/4
19 225 ILCS 10/5.01
20 225 ILCS 10/5.1
21 225 ILCS 10/7.10
22 225 ILCS 10/18
23 225 ILCS 10/18.1
24 225 ILCS 20/19
25 225 ILCS 25/4
26 225 ILCS 25/17.2
           SB2394 Enrolled  - 3034 - LRB104 09208 AMC 19265 b

 1 225 ILCS 30/17           from Ch. 111, par. 4400-18
 2 225 ILCS 57/45           from Ch. 111, par. 4400-22
 3 225 ILCS 60/18           from Ch. 111, par. 4252
 4 225 ILCS 60/22           from Ch. 111, par. 4824
 5 225 ILCS 85/3            from Ch. 111, par. 7003
 6 225 ILCS 90/2
 7 225 ILCS 100/24          from Ch. 111, par. 6243
 8 225 ILCS 107/25
 9 225 ILCS 115/3           from Ch. 43, par. 130
10 225 ILCS 130/75
11 225 ILCS 407/20-15
12 225 ILCS 415/27
13 225 ILCS 732/1-83
14 225 ILCS 732/1-87
15 230 ILCS 45/25-15
16 235 ILCS 5/6-15
17 305 ILCS 5/5-5
18 305 ILCS 5/5-5.01a
19 305 ILCS 5/5-5.24a
20 305 ILCS 5/5-5.24b
21 305 ILCS 5/5-5a.1
22 305 ILCS 5/5-16.8
23 305 ILCS 5/5-16.8a
24 305 ILCS 5/5-30.1
25 305 ILCS 5/5-52
26 305 ILCS 5/5-56
           SB2394 Enrolled  - 3035 - LRB104 09208 AMC 19265 b

 1 305 ILCS 5/5-57          from Ch. 111 1/2, par. 7303
 2 305 ILCS 5/14-12         from Ch. 56 1/2, par. 503.22
 3 320 ILCS 70/25-1
 4 325 ILCS 3/15-5          from Ch. 111 1/2, par. 1009.2
 5 325 ILCS 6/5             from Ch. 111 1/2, par. 1012
 6 405 ILCS 49/5            from Ch. 111 1/2, par. 1039.5
 7 405 ILCS 135/10
 8 410 ILCS 305/3
 9 410 ILCS 513/10
10 410 ILCS 620/3.22
11 410 ILCS 625/4
12 410 ILCS 705/7-30
13 410 ILCS 705/10-45
14 410 ILCS 705/15-20
15 410 ILCS 705/15-36
16 410 ILCS 705/15-70
17 410 ILCS 705/20-15
18 415 ILCS 5/9.2
19 415 ILCS 5/12
20 415 ILCS 5/12.7
21 415 ILCS 5/22.23e
22 415 ILCS 5/22.23f
23 415 ILCS 5/39.5
24 415 ILCS 5/57.4
25 415 ILCS 5/57.5
26 415 ILCS 5/57.8
           SB2394 Enrolled  - 3036 - LRB104 09208 AMC 19265 b

 1 415 ILCS 5/57.9          from Ch. 111 1/2, par. 241-3
 2 415 ILCS 5/59.1          from Ch. 111 1/2, par. 210-14
 3 415 ILCS 5/59.9          from Ch. 127 1/2, par. 703
 4 415 ILCS 5/59.10         from Ch. 127 1/2, par. 156
 5 415 ILCS 61/1            from Ch. 127 1/2, par. 158
 6 415 ILCS 65/5a
 7 420 ILCS 20/3            from Ch. 61, par. 2.26
 8 420 ILCS 37/10           from Ch. 8, par. 341
 9 420 ILCS 40/14
10 425 ILCS 65/3            from Ch. 121, par. 5-101.11
11 430 ILCS 15/4            from Ch. 121, par. 6-513
12 430 ILCS 15/6            from Ch. 121, par. 6-901
13 510 ILCS 68/90-10        from Ch. 121, par. 10-303
14 510 ILCS 68/105-65
15 520 ILCS 5/2.26          from Ch. 15 1/2, par. 164
16 520 ILCS 10/11           from Ch. 15 1/2, par. 165
17 525 ILCS 60/25
18 605 ILCS 5/6-907
19 605 ILCS 5/5-101.11
20 605 ILCS 5/6-513
21 605 ILCS 5/6-901
22 605 ILCS 5/10-303
23 605 ILCS 30/4.1
24 615 ILCS 5/18k
25 620 ILCS 50/60
26 620 ILCS 50/61
           SB2394 Enrolled  - 3037 - LRB104 09208 AMC 19265 b
                            from Ch. 95 1/2, par. 3-402
 1 625 ILCS 5/1-115.01
 2 625 ILCS 5/3-402         from Ch. 95 1/2, par. 3-802
 3 625 ILCS 5/3-506         from Ch. 95 1/2, par. 3-804
 4 625 ILCS 5/3-699.14      from Ch. 95 1/2, par. 5-102
 5 625 ILCS 5/3-699.22
 6 625 ILCS 5/3-699.25      from Ch. 95 1/2, par. 13-101
 7 625 ILCS 5/3-802
 8 625 ILCS 5/3-804         from Ch. 37, par. 804-6
 9 625 ILCS 5/4-203
10 625 ILCS 5/5-102         from Ch. 56 1/2, par. 2102
11 625 ILCS 5/6-110
12 625 ILCS 5/6-118
13 625 ILCS 5/6-209.1
14 625 ILCS 5/11-907
15 625 ILCS 5/13-101
16 625 ILCS 80/10
17 630 ILCS 5/10
18 705 ILCS 135/15-52
19 705 ILCS 135/15-70
20 705 ILCS 405/4-6
21 705 ILCS 405/5-915
22 720 ILCS 5/11-23.7
23 720 ILCS 5/17-11.2
24 720 ILCS 5/24-2
25 720 ILCS 570/410
26 720 ILCS 600/2
           SB2394 Enrolled  - 3038 - LRB104 09208 AMC 19265 b
                            from Ch. 38, par. 110-6.1
 1 725 ILCS 5/110-6.1       from Ch. 38, par. 1003-7-2
 2 725 ILCS 187/2-1         from Ch. 38, par. 1003-13-4
 3 725 ILCS 187/2-20        from Ch. 38, par. 1005-8-1
 4 725 ILCS 187/2-45
 5 730 ILCS 5/3-7-2         from Ch. 110, par. 15-1603
 6 730 ILCS 5/3-13-4
 7 730 ILCS 5/5-5-3.2       from Ch. 38, par. 60-7.2
 8 730 ILCS 5/5-6-3.6       from Ch. 40, par. 1502
 9 730 ILCS 5/5-6-3.8       from Ch. 110 1/2, par. 11a-15
10 730 ILCS 5/5-8-1
11 730 ILCS 110/16.1
12 730 ILCS 167/40
13 730 ILCS 168/41
14 730 ILCS 225/5
15 735 ILCS 5/8-804.5
16 735 ILCS 5/15-1603
17 735 ILCS 30/25-5-130
18 735 ILCS 30/25-5-135
19 735 ILCS 40/28-10
20 735 ILCS 40/28-11
21 740 ILCS 10/7.2
22 740 ILCS 110/9.6
23 740 ILCS 174/15
24 750 ILCS 50/1
25 750 ILCS 50/2
26 755 ILCS 5/11a-15
           SB2394 Enrolled  - 3039 - LRB104 09208 AMC 19265 b
                            from Ch. 110 1/2, par. 851-10
 1 755 ILCS 27/90           from Ch. 80, par. 217
 2 755 ILCS 40/10
 3 765 ILCS 705/25          from Ch. 68, par. 3-106
 4 765 ILCS 705/30
 5 765 ILCS 721/20
 6 765 ILCS 745/17
 7 765 ILCS 1075/20
 8 775 ILCS 5/2-101
 9 775 ILCS 5/2-102
10 775 ILCS 5/2-108
11 775 ILCS 5/3-106
12 815 ILCS 121/5
13 815 ILCS 151/150-1
14 815 ILCS 505/2BBBB
15 815 ILCS 505/2EEEE
16 815 ILCS 505/2FFFF
17 815 ILCS 505/2GGGG
18 815 ILCS 550/5
19 820 ILCS 57/35
20 820 ILCS 90/10
21 820 ILCS 180/35
22 820 ILCS 192/15
23 820 ILCS 206/35
24 820 ILCS 206/55
25 820 ILCS 250/0.05
26 820 ILCS 305/7
Every fact on this page links to its source, starting with the official bill record.