Sen. Bill Cunningham
Filed: 11/8/2023
 
 
 




10300HB3641sam003LRB103 30390 AWJ 65350 a


1
AMENDMENT TO HOUSE BILL 3641


2 AMENDMENT NO. ______. Amend House Bill 3641 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The State Employees Group Insurance Act of 
51971 is amended by changing Section 6.11C as follows:

6 (5 ILCS 375/6.11C)
7 (This Section may contain text from a Public Act with a 
8delayed effective date)
9 Sec. 6.11C. Coverage for injectable medicines to improve 
10glucose or weight loss. Beginning on July 1, 2024, January 1, 
112024, the State Employees Group Insurance Program shall 
12provide coverage for all types of medically necessary, as 
13determined by a physician licensed to practice medicine in all 
14its branches, injectable medicines prescribed on-label or 
15off-label to improve glucose or weight loss for use by adults 
16diagnosed or previously diagnosed with prediabetes, 
 
 
10300HB3641sam003- 2 -LRB103 30390 AWJ 65350 a


1gestational diabetes, or obesity. To continue to qualify for 
2coverage under this Section, the continued treatment must be 
3medically necessary, and covered members must, if given 
4advance, written notice, participate in a lifestyle management 
5plan administered by their health plan. This Section does not 
6apply to individuals covered by a Medicare Advantage 
7Prescription Drug Plan.
8(Source: P.A. 103-8, eff. 1-1-24.)

9 Section 10. The Children and Family Services Act is 
10amended by changing Section 5.46 as follows:

11 (20 ILCS 505/5.46)
12 Sec. 5.46. Application for Social Security benefits, 
13Supplemental Security Income, Veterans benefits, and Railroad 
14Retirement benefits. 
15 (a) Definitions. As used in this Section:
16 "Achieving a Better Life Experience Account" or "ABLE 
17account" means an account established for the purpose of 
18financing certain qualified expenses of eligible individuals 
19as specifically provided for in Section 529A of the Internal 
20Revenue Code and Section 16.6 of the State Treasurer Act. 
21 "Benefits" means Social Security benefits, Supplemental 
22Security Income, Veterans benefits, and Railroad Retirement 
23benefits.
24 "DCFS Guardianship Administrator" means a Department 
 
 
10300HB3641sam003- 3 -LRB103 30390 AWJ 65350 a


1representative appointed as guardian of the person or legal 
2custodian of the minor youth in care. 
3 "Youth's attorney and guardian ad litem" means the person 
4appointed as the youth's attorney or guardian ad litem in 
5accordance with the Juvenile Court Act of 1987 in the 
6proceeding in which the Department is appointed as the youth's 
7guardian or custodian.
8 (b) Application for benefits.
9  (1) Upon receiving temporary custody or guardianship 
10 of a youth in care, the Department shall assess the youth 
11 to determine whether the youth may be eligible for 
12 benefits. If, after the assessment, the Department 
13 determines that the youth may be eligible for benefits, 
14 the Department shall ensure that an application is filed 
15 on behalf of the youth. The Department shall prescribe by 
16 rule how it will review cases of youth in care at regular 
17 intervals to determine whether the youth may have become 
18 eligible for benefits after the initial assessment. The 
19 Department shall make reasonable efforts to encourage 
20 youth in care over the age of 18 who are likely eligible 
21 for benefits to cooperate with the application process and 
22 to assist youth with the application process.
23  (2) When applying for benefits under this Section for 
24 a youth in care the Department shall identify a 
25 representative payee in accordance with the requirements 
26 of 20 CFR 404.2021 and 416.621. If the Department is 
 
 
10300HB3641sam003- 4 -LRB103 30390 AWJ 65350 a


1 seeking to be appointed as the youth's representative 
2 payee, the Department must consider input, if provided, 
3 from the youth's attorney and guardian ad litem regarding 
4 whether another representative payee, consistent with the 
5 requirements of 20 CFR 404.2021 and 416.621, is available. 
6 If the Department serves as the representative payee for a 
7 youth over the age of 18, the Department shall request a 
8 court order, as described in subparagraph (C) of paragraph 
9 (1) of subsection (d) and in subparagraph (C) of paragraph 
10 (2) of subsection (d).
11 (c) Notifications. The Department shall immediately notify 
12a youth over the age of 16, the youth's attorney and guardian 
13ad litem, and the youth's parent or legal guardian or another 
14responsible adult of:
15  (1) any application for or any application to become 
16 representative payee for benefits on behalf of a youth in 
17 care;
18  (2) beginning January 1, 2025, any communications from 
19 the Social Security Administration, the U.S. Department of 
20 Veterans Affairs, or the Railroad Retirement Board 
21 pertaining to the acceptance or denial of benefits or the 
22 selection of a representative payee; and
23  (3) beginning January 1, 2025, any appeal or other 
24 action requested by the Department regarding an 
25 application for benefits.
26 (d) Use of benefits. Consistent with federal law, when the 
 
 
10300HB3641sam003- 5 -LRB103 30390 AWJ 65350 a


1Department serves as the representative payee for a youth 
2receiving benefits and receives benefits on the youth's 
3behalf, the Department shall:
4  (1) Beginning January 1, 2024 2023, ensure that when 
5 the youth attains the age of 14 years and until the 
6 Department no longer serves as the representative payee, a 
7 minimum percentage of the youth's Supplemental Security 
8 Income benefits are conserved in accordance with paragraph 
9 (4) as follows:
10   (A) From the age of 14 through age 15, at least 
11 40%.
12   (B) From the age of 16 through age 17, at least 
13 80%.
14   (C) From the age of 18 and older through 20, 100%, 
15 when a court order has been entered expressly 
16 authorizing allowing the DCFS Guardianship 
17 Administrator to serve as the designated 
18 representative to establish an ABLE account on behalf 
19 of a youth Department to have the authority to 
20 establish and serve as an authorized agent of the 
21 youth over the age of 18 with respect to an account 
22 established in accordance with paragraph (4).
23  (2) Beginning January 1, 2024, ensure that when the 
24 youth attains the age of 14 years and until the Department 
25 no longer serves as the representative payee a minimum 
26 percentage of the youth's Social Security benefits, 
 
 
10300HB3641sam003- 6 -LRB103 30390 AWJ 65350 a


1 Veterans benefits, or Railroad Retirement benefits are 
2 conserved in accordance with paragraph (3) or (4), as 
3 applicable, as follows:
4   (A) From the age of 14 through age 15, at least 
5 40%.
6   (B) From the age of 16 through age 17, at least 
7 80%.
8   (C) From the age of 18 through 20, 100%. If 
9 establishment of an ABLE account is necessary to 
10 conserve benefits for youth age 18 and older, then 
11 benefits shall be conserved in accordance with 
12 paragraph (4) when a court order has been entered 
13 expressly authorizing the DCFS Guardianship 
14 Administrator to serve as the designated 
15 representative to establish an ABLE account on behalf 
16 of a youth , when a court order has been entered 
17 expressly allowing the Department to have the 
18 authority to establish and serve as an authorized 
19 agent of the youth over the age of 18 with respect to 
20 an account established in accordance with paragraph 
21 (4).
22  (3) Exercise discretion in accordance with federal law 
23 and in the best interests of the youth when making 
24 decisions to use or conserve the youth's benefits that are 
25 less than or not subject to asset or resource limits under 
26 federal law, including using the benefits to address the 
 
 
10300HB3641sam003- 7 -LRB103 30390 AWJ 65350 a


1 youth's special needs and conserving the benefits for the 
2 youth's reasonably foreseeable future needs.
3  (4) Appropriately monitor any federal asset or 
4 resource limits for the Supplemental Security Income 
5 benefits and ensure that the youth's best interest is 
6 served by using or conserving the benefits in a way that 
7 avoids violating any federal asset or resource limits that 
8 would affect the youth's eligibility to receive the 
9 benefits, including, but not limited to:
10   (A) applying to the Social Security Administration 
11 to establish a Plan to Achieve Self-Support (PASS) 
12 Account for the youth under the Social Security Act 
13 and determining whether it is in the best interest of 
14 the youth to conserve all or parts of the benefits in 
15 the PASS account;
16   (B) establishing a 529 plan for the youth and 
17 conserving the youth's benefits in that account in a 
18 manner that appropriately avoids any federal asset or 
19 resource limits;
20   (C) establishing an Individual Development Account 
21 for the youth and conserving the youth's benefits in 
22 that account in a manner that appropriately avoids any 
23 federal asset or resource limits;
24   (A) (D) establishing an ABLE account authorized by 
25 Section 529A of the Internal Revenue Code of 1986, for 
26 the youth and conserving the youth's benefits in that 
 
 
10300HB3641sam003- 8 -LRB103 30390 AWJ 65350 a


1 account in a manner that appropriately avoids any 
2 federal asset or resource limits;
3   (E) establishing a Social Security Plan to Achieve 
4 Self-Support account for the youth and conserving the 
5 youth's benefits in a manner that appropriately avoids 
6 any federal asset or resource limits;
7   (F) establishing a special needs trust for the 
8 youth and conserving the youth's benefits in the trust 
9 in a manner that is consistent with federal 
10 requirements for special needs trusts and that 
11 appropriately avoids any federal asset or resource 
12 limits;
13   (B) (G) if the Department determines that using 
14 the benefits for services for current special needs 
15 not already provided by the Department is in the best 
16 interest of the youth, using the benefits for those 
17 services;
18   (C) (H) if federal law requires certain back 
19 payments of benefits to be placed in a dedicated 
20 account, complying with the requirements for dedicated 
21 accounts under 20 CFR 416.640(e); and
22   (D) (I) applying any other exclusions from federal 
23 asset or resource limits available under federal law 
24 and using or conserving the youth's benefits in a 
25 manner that appropriately avoids any federal asset or 
26 resource limits.
 
 
10300HB3641sam003- 9 -LRB103 30390 AWJ 65350 a


1 (e) By July 1, 2024, the Department shall provide a report 
2to the General Assembly regarding youth in care who receive 
3benefits who are not subject to this Act. The report shall 
4discuss a goal of expanding conservation of children's 
5benefits to all benefits of all children of any age for whom 
6the Department serves as representative payee. The report 
7shall include a description of any identified obstacles, steps 
8to be taken to address the obstacles, and a description of any 
9need for statutory, rule, or procedural changes. 
10 (f) (1) Accounting. 
11  (A) Beginning on the effective date of this amendatory 
12 Act of the 103rd General Assembly through December 31, 
13 2024, upon request of the youth's attorney or guardian ad 
14 litem, the The Department shall provide an annual 
15 accounting to the youth's attorney and guardian ad litem 
16 of how the youth's 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. 
 
 
10300HB3641sam003- 10 -LRB103 30390 AWJ 65350 a


1 (2) The accounting shall include:
2   (A) (1) The amount of benefits received on the 
3 youth's behalf since the most recent accounting and 
4 the date the benefits were received.
5   (B) (2) Information regarding the youth's benefits 
6 and resources, including the youth's benefits, 
7 insurance, cash assets, trust accounts, earnings, and 
8 other resources.
9   (C) (3) An accounting of the disbursement of 
10 benefit funds, including the date, amount, 
11 identification of payee, and purpose.
12   (D) (4) 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 
18terminated, prior to or upon the termination of guardianship, 
19the Department shall provide (i) a final accounting to the 
20Social Security Administration, to the youth's attorney and 
21guardian ad litem, and to either the person or persons who will 
22assume guardianship of the youth or who is in the process of 
23adopting the youth, if the youth is under 18, or to the youth, 
24if the youth is over 18 and (ii) information to the parent, 
25guardian, or youth regarding how to apply to become the 
26designated representative for the youth's ABLE account payee. 
 
 
10300HB3641sam003- 11 -LRB103 30390 AWJ 65350 a


1The Department shall adopt rules to ensure that the 
2representative payee transitions occur in a timely and 
3appropriate manner.
4 (g) Education Financial literacy. The Department shall 
5provide the youth who have funds conserved under paragraphs 
6(1) and (2) of subsection (d) with education with financial 
7literacy training and support, including specific information 
8regarding the existence, availability, and use of funds 
9conserved for the youth in accordance with paragraphs (1) and 
10(2) of subsection (d) this subsection, beginning by age 14 in a 
11developmentally appropriate manner. The education literacy 
12program and support services shall be developed in 
13consultation with input from the Department's Statewide Youth 
14Advisory Board. Education and informational materials related 
15to ABLE accounts shall be developed in consultation with and 
16approved by the State Treasurer. 
17 (h) Adoption of rules. The Department shall adopt rules to 
18implement the provisions of this Section by January 1, 2024 
192023.
20 (i) Reporting. No later than February 28, 2023, the 
21Department shall file a report with the General Assembly 
22providing the following information for State Fiscal Years 
232019, 2020, 2021, and 2022 and annually beginning February 28, 
242023, for the preceding fiscal year:
25  (1) The number of youth entering care.
26  (2) The number of youth entering care receiving each 
 
 
10300HB3641sam003- 12 -LRB103 30390 AWJ 65350 a


1 of the following types of benefits: Social Security 
2 benefits, Supplemental Security Income, Veterans benefits, 
3 Railroad Retirement benefits.
4  (3) The number of youth entering care for whom the 
5 Department filed an application for each of the following 
6 types of benefits: Social Security benefits, Supplemental 
7 Security Income, Veterans benefits, Railroad Retirement 
8 benefits.
9  (4) The number of youth entering care who were awarded 
10 each of the following types of benefits based on an 
11 application filed by the Department: Social Security 
12 benefits, Supplemental Security Income, Veterans benefits, 
13 Railroad Retirement benefits.
14 (j) Annually beginning December 31, 2023, the Department 
15shall file a report with the General Assembly with the 
16following information regarding the preceding fiscal year:
17  (1) the number of conserved accounts established and 
18 maintained for youth in care;
19  (2) the average amount conserved by age group; and
20  (3) the total amount conserved by age group.
21(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)

22 Section 15. The Illinois State Police Law of the Civil 
23Administrative Code of Illinois is amended by changing Section 
242605-10 as follows:

 
 
10300HB3641sam003- 13 -LRB103 30390 AWJ 65350 a


1 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
2 (Text of Section before amendment by P.A. 103-34)
3 Sec. 2605-10. Powers and duties, generally. 
4 (a) The Illinois State Police shall exercise the rights, 
5powers, and duties that have been vested in the Illinois State 
6Police by the following:
7  The Illinois State Police Act.
8  The Illinois State Police Radio Act.
9  The Criminal Identification Act.
10  The Illinois Vehicle Code.
11  The Firearm Owners Identification Card Act.
12  The Firearm Concealed Carry Act.
13  The Gun Dealer Licensing Act.
14  The Intergovernmental Missing Child Recovery Act of 
15 1984.
16  The Intergovernmental Drug Laws Enforcement Act.
17  The Narcotic Control Division Abolition Act.
18 (b) The Illinois State Police shall have the powers and 
19duties set forth in the following Sections.
20(Source: P.A. 102-538, eff. 8-20-21.)

21 (Text of Section after amendment by P.A. 103-34)
22 Sec. 2605-10. Powers and duties, generally. 
23 (a) The Illinois State Police shall exercise the rights, 
24powers, and duties that have been vested in the Illinois State 
25Police by the following:
 
 
10300HB3641sam003- 14 -LRB103 30390 AWJ 65350 a


1  The Illinois State Police Act.
2  The Illinois State Police Radio Act.
3  The Criminal Identification Act.
4  The Illinois Vehicle Code.
5  The Firearm Owners Identification Card Act.
6  The Firearm Concealed Carry Act.
7  The Firearm Dealer License Certification Act.
8  The Intergovernmental Missing Child Recovery Act of 
9 1984.
10  The Intergovernmental Drug Laws Enforcement Act.
11  The Narcotic Control Division Abolition Act.
12  The Illinois Uniform Conviction Information Act.
13  The Murderer and Violent Offender Against Youth 
14 Registration Act. 
15 (b) The Illinois State Police shall have the powers and 
16duties set forth in the following Sections.
17 (c) The Illinois State Police shall exercise the rights, 
18powers, and duties vested in the Illinois State Police to 
19implement the following protective service functions for State 
20facilities, State officials, and State employees serving in 
21their official capacity: 
22  (1) Utilize subject matter expertise and law 
23 enforcement authority to strengthen the protection of 
24 State government facilities, State employees, State 
25 officials, and State critical infrastructure. 
26  (2) Coordinate State, federal, and local law 
 
 
10300HB3641sam003- 15 -LRB103 30390 AWJ 65350 a


1 enforcement activities involving the protection of State 
2 facilities, officials, and employees. 
3  (3) Conduct investigations of criminal threats to 
4 State facilities, State critical infrastructure, State 
5 officials, and State employees. 
6  (4) Train State officials and employees in personal 
7 protection, crime prevention, facility occupant emergency 
8 planning, and incident management. 
9  (5) Establish standard protocols for prevention and 
10 response to criminal threats to State facilities, State 
11 officials, State employees, and State critical 
12 infrastructure, and standard protocols for reporting of 
13 suspicious activities. 
14  (6) Establish minimum operational standards, 
15 qualifications, training, and compliance requirements for 
16 State employees and contractors engaged in the protection 
17 of State facilities and employees. 
18  (7) At the request of departments or agencies of State 
19 government, conduct security assessments, including, but 
20 not limited to, examination of alarm systems, cameras 
21 systems, access points, personnel readiness, and emergency 
22 protocols based on risk and need. 
23  (8) Oversee the planning and implementation of 
24 security and law enforcement activities necessary for the 
25 protection of major, multi-jurisdictional events 
26 implicating potential criminal threats to State officials, 
 
 
10300HB3641sam003- 16 -LRB103 30390 AWJ 65350 a


1 State employees, or State-owned, State-leased, or 
2 State-operated critical infrastructure or facilities. 
3  (9) Oversee and direct the planning and implementation 
4 of security and law enforcement activities by the 
5 departments and agencies of the State necessary for the 
6 protection of State employees, State officials, and 
7 State-owned, State-leased, or State-operated critical 
8 infrastructure or facilities from criminal activity. 
9  (10) Advise the Governor and Homeland Security Advisor 
10 on any matters necessary for the effective protection of 
11 State facilities, critical infrastructure, officials, and 
12 employees from criminal threats. 
13  (11) Utilize intergovernmental agreements and 
14 administrative rules as needed for the effective, 
15 efficient implementation of law enforcement and support 
16 activities necessary for the protection of State 
17 facilities, State infrastructure, State employees, and, 
18 upon the express written consent of State constitutional 
19 officials, State constitutional officials, and State 
20 employees. 
21(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
22revised 9-25-23.)

23 Section 20. The Alternative Protein Innovation Task Force 
24Act is amended by changing Sections 15 and 20 as follows:

 
 
10300HB3641sam003- 17 -LRB103 30390 AWJ 65350 a


1 (20 ILCS 4128/15)
2 Sec. 15. Membership; appointments; meeting. 
3 (a) The Alternative Protein Innovation Task Force shall 
4consist of the following members:
5  (1) one member of the Senate, who shall be appointed 
6 by the President of the Senate and shall serve as co-chair 
7 of the Task Force;
8  (2) one member of the Senate, who shall be appointed 
9 by the Minority Leader of the Senate;
10  (3) one member of the House of Representatives, who 
11 shall be appointed by the Speaker of the House of 
12 Representatives and shall serve as co-chair of the Task 
13 Force;
14  (4) one member of the House of Representatives, who 
15 shall be appointed by the Minority Leader of the House of 
16 Representatives;
17  (5) the Director Secretary of Commerce and Economic 
18 Opportunity or the Director's Secretary's designee; 
19  (6) the Director of Agriculture or the Director's 
20 designee;
21  (7) 5 members who are appointed by the Director of 
22 Agriculture. Of the members appointed by the Director of 
23 Agriculture, 3 members shall be commercial producers of 
24 agricultural commodities, of which one member shall be 
25 from the largest statewide agricultural association; and 2 
26 members shall be representatives from the University of 
 
 
10300HB3641sam003- 18 -LRB103 30390 AWJ 65350 a


1 Illinois College of Agricultural, Consumer and 
2 Environmental Sciences engaged in nutritional research; 
3 and
4  (8) 6 members who are appointed by the Governor. Of 
5 the members appointed by the Governor, 2 members shall be 
6 engaged in academic or scientific research on alternative 
7 protein development at a State college or university; one 
8 member shall be a representative of a nonprofit 
9 organization dedicated to the development and 
10 accessibility of alternative proteins; one member shall be 
11 a representative of the State's agricultural biotechnology 
12 industry; one member shall be the president of the 
13 Illinois Biotechnology Industry Organization or the 
14 organization's designee; and one member shall be a 
15 representative from a multinational food processing and 
16 manufacturing corporation headquartered in this State. 
17 (b) Members of the Task Force shall not receive 
18compensation for their services to the Task Force.
19 (c) All appointments shall be made not later than 30 days 
20after the effective date of this Act.
21 (d) The co-chairs of the Task Force shall schedule no 
22fewer than 4 meetings of the Task Force, including not less 
23than one public hearing. The co-chairs shall convene the first 
24meeting of the Task Force within 60 days after the effective 
25date of this Act.
26 (e) The Department of Agriculture shall provide 
 
 
10300HB3641sam003- 19 -LRB103 30390 AWJ 65350 a


1administrative and other support to the Task Force. 
2(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)

3 (20 ILCS 4128/20)
4 Sec. 20. Report; dissolution of Task Force; repeal of Act.  
5 (a)The Task Force shall submit a report of its findings 
6and recommendations to the General Assembly no later than June 
730, 2024 December 31, 2023.
8 (b) The Task Force shall be dissolved on December 31, 
92024. 
10 (c) This Act is repealed on January 1, 2025. 
11(Source: P.A. 103-543, eff. 8-11-23.)

12 Section 25. The Illinois Procurement Code is amended by 
13changing Section 20-10 as follows:

14 (30 ILCS 500/20-10)
15 (Text of Section before amendment by P.A. 103-558)
16 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
1798-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
18 Sec. 20-10. Competitive sealed bidding; reverse auction. 
19 (a) Conditions for use. All contracts shall be awarded by 
20competitive sealed bidding except as otherwise provided in 
21Section 20-5.
22 (b) Invitation for bids. An invitation for bids shall be 
23issued and shall include a purchase description and the 
 
 
10300HB3641sam003- 20 -LRB103 30390 AWJ 65350 a


1material contractual terms and conditions applicable to the 
2procurement.
3 (c) Public notice. Public notice of the invitation for 
4bids shall be published in the Illinois Procurement Bulletin 
5at least 14 calendar days before the date set in the invitation 
6for the opening of bids.
7 (d) Bid opening. Bids shall be opened publicly or through 
8an electronic procurement system in the presence of one or 
9more witnesses at the time and place designated in the 
10invitation for bids. The name of each bidder, including earned 
11and applied bid credit from the Illinois Works Jobs Program 
12Act, the amount of each bid, and other relevant information as 
13may be specified by rule shall be recorded. After the award of 
14the contract, the winning bid and the record of each 
15unsuccessful bid shall be open to public inspection.
16 (e) Bid acceptance and bid evaluation. Bids shall be 
17unconditionally accepted without alteration or correction, 
18except as authorized in this Code. Bids shall be evaluated 
19based on the requirements set forth in the invitation for 
20bids, which may include criteria to determine acceptability 
21such as inspection, testing, quality, workmanship, delivery, 
22and suitability for a particular purpose. Those criteria that 
23will affect the bid price and be considered in evaluation for 
24award, such as discounts, transportation costs, and total or 
25life cycle costs, shall be objectively measurable. The 
26invitation for bids shall set forth the evaluation criteria to 
 
 
10300HB3641sam003- 21 -LRB103 30390 AWJ 65350 a


1be used.
2 (f) Correction or withdrawal of bids. Correction or 
3withdrawal of inadvertently erroneous bids before or after 
4award, or cancellation of awards of contracts based on bid 
5mistakes, shall be permitted in accordance with rules. After 
6bid opening, no changes in bid prices or other provisions of 
7bids prejudicial to the interest of the State or fair 
8competition shall be permitted. All decisions to permit the 
9correction or withdrawal of bids based on bid mistakes shall 
10be supported by written determination made by a State 
11purchasing officer.
12 (g) Award. The contract shall be awarded with reasonable 
13promptness by written notice to the lowest responsible and 
14responsive bidder whose bid meets the requirements and 
15criteria set forth in the invitation for bids, except when a 
16State purchasing officer determines it is not in the best 
17interest of the State and by written explanation determines 
18another bidder shall receive the award. The explanation shall 
19appear in the appropriate volume of the Illinois Procurement 
20Bulletin. The written explanation must include:
21  (1) a description of the agency's needs; 
22  (2) a determination that the anticipated cost will be 
23 fair and reasonable;
24  (3) a listing of all responsible and responsive 
25 bidders; and
26  (4) the name of the bidder selected, the total 
 
 
10300HB3641sam003- 22 -LRB103 30390 AWJ 65350 a


1 contract price, and the reasons for selecting that bidder.
2 Each chief procurement officer may adopt guidelines to 
3implement the requirements of this subsection (g).
4 The written explanation shall be filed with the 
5Legislative Audit Commission, and the Commission on Equity and 
6Inclusion, and the Procurement Policy Board, and be made 
7available for inspection by the public, within 14 calendar 
8days after the agency's decision to award the contract.
9 (h) Multi-step sealed bidding. When it is considered 
10impracticable to initially prepare a purchase description to 
11support an award based on price, an invitation for bids may be 
12issued requesting the submission of unpriced offers to be 
13followed by an invitation for bids limited to those bidders 
14whose offers have been qualified under the criteria set forth 
15in the first solicitation.
16 (i) Alternative procedures. Notwithstanding any other 
17provision of this Act to the contrary, the Director of the 
18Illinois Power Agency may create alternative bidding 
19procedures to be used in procuring professional services under 
20Section 1-56, subsections (a) and (c) of Section 1-75 and 
21subsection (d) of Section 1-78 of the Illinois Power Agency 
22Act and Section 16-111.5(c) of the Public Utilities Act and to 
23procure renewable energy resources under Section 1-56 of the 
24Illinois Power Agency Act. These alternative procedures shall 
25be set forth together with the other criteria contained in the 
26invitation for bids, and shall appear in the appropriate 
 
 
10300HB3641sam003- 23 -LRB103 30390 AWJ 65350 a


1volume of the Illinois Procurement Bulletin. 
2 (j) Reverse auction. Notwithstanding any other provision 
3of this Section and in accordance with rules adopted by the 
4chief procurement officer, that chief procurement officer may 
5procure supplies or services through a competitive electronic 
6auction bidding process after the chief procurement officer 
7determines that the use of such a process will be in the best 
8interest of the State. The chief procurement officer shall 
9publish that determination in his or her next volume of the 
10Illinois Procurement Bulletin.
11 An invitation for bids shall be issued and shall include 
12(i) a procurement description, (ii) all contractual terms, 
13whenever practical, and (iii) conditions applicable to the 
14procurement, including a notice that bids will be received in 
15an electronic auction manner.
16 Public notice of the invitation for bids shall be given in 
17the same manner as provided in subsection (c).
18 Bids shall be accepted electronically at the time and in 
19the manner designated in the invitation for bids. During the 
20auction, a bidder's price shall be disclosed to other bidders. 
21Bidders shall have the opportunity to reduce their bid prices 
22during the auction. At the conclusion of the auction, the 
23record of the bid prices received and the name of each bidder 
24shall be open to public inspection.
25 After the auction period has terminated, withdrawal of 
26bids shall be permitted as provided in subsection (f).
 
 
10300HB3641sam003- 24 -LRB103 30390 AWJ 65350 a


1 The contract shall be awarded within 60 calendar days 
2after the auction by written notice to the lowest responsible 
3bidder, or all bids shall be rejected except as otherwise 
4provided in this Code. Extensions of the date for the award may 
5be made by mutual written consent of the State purchasing 
6officer and the lowest responsible bidder.
7 This subsection does not apply to (i) procurements of 
8professional and artistic services, (ii) telecommunications 
9services, communication services, and information services, 
10and (iii) contracts for construction projects, including 
11design professional services. 
12(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
13102-29, eff. 6-25-21.)

14 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
1598-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
16 Sec. 20-10. Competitive sealed bidding; reverse auction. 
17 (a) Conditions for use. All contracts shall be awarded by 
18competitive sealed bidding except as otherwise provided in 
19Section 20-5.
20 (b) Invitation for bids. An invitation for bids shall be 
21issued and shall include a purchase description and the 
22material contractual terms and conditions applicable to the 
23procurement.
24 (c) Public notice. Public notice of the invitation for 
25bids shall be published in the Illinois Procurement Bulletin 
 
 
10300HB3641sam003- 25 -LRB103 30390 AWJ 65350 a


1at least 14 calendar days before the date set in the invitation 
2for the opening of bids.
3 (d) Bid opening. Bids shall be opened publicly or through 
4an electronic procurement system in the presence of one or 
5more witnesses at the time and place designated in the 
6invitation for bids. The name of each bidder, including earned 
7and applied bid credit from the Illinois Works Jobs Program 
8Act, the amount of each bid, and other relevant information as 
9may be specified by rule shall be recorded. After the award of 
10the contract, the winning bid and the record of each 
11unsuccessful bid shall be open to public inspection.
12 (e) Bid acceptance and bid evaluation. Bids shall be 
13unconditionally accepted without alteration or correction, 
14except as authorized in this Code. Bids shall be evaluated 
15based on the requirements set forth in the invitation for 
16bids, which may include criteria to determine acceptability 
17such as inspection, testing, quality, workmanship, delivery, 
18and suitability for a particular purpose. Those criteria that 
19will affect the bid price and be considered in evaluation for 
20award, such as discounts, transportation costs, and total or 
21life cycle costs, shall be objectively measurable. The 
22invitation for bids shall set forth the evaluation criteria to 
23be used.
24 (f) Correction or withdrawal of bids. Correction or 
25withdrawal of inadvertently erroneous bids before or after 
26award, or cancellation of awards of contracts based on bid 
 
 
10300HB3641sam003- 26 -LRB103 30390 AWJ 65350 a


1mistakes, shall be permitted in accordance with rules. After 
2bid opening, no changes in bid prices or other provisions of 
3bids prejudicial to the interest of the State or fair 
4competition shall be permitted. All decisions to permit the 
5correction or withdrawal of bids based on bid mistakes shall 
6be supported by written determination made by a State 
7purchasing officer.
8 (g) Award. The contract shall be awarded with reasonable 
9promptness by written notice to the lowest responsible and 
10responsive bidder whose bid meets the requirements and 
11criteria set forth in the invitation for bids, except when a 
12State purchasing officer determines it is not in the best 
13interest of the State and by written explanation determines 
14another bidder shall receive the award. The explanation shall 
15appear in the appropriate volume of the Illinois Procurement 
16Bulletin. The written explanation must include:
17  (1) a description of the agency's needs; 
18  (2) a determination that the anticipated cost will be 
19 fair and reasonable;
20  (3) a listing of all responsible and responsive 
21 bidders; and
22  (4) the name of the bidder selected, the total 
23 contract price, and the reasons for selecting that bidder.
24 Each chief procurement officer may adopt guidelines to 
25implement the requirements of this subsection (g).
26 The written explanation shall be filed with the 
 
 
10300HB3641sam003- 27 -LRB103 30390 AWJ 65350 a


1Legislative Audit Commission, and the Commission on Equity and 
2Inclusion, and the Procurement Policy Board, and be made 
3available for inspection by the public, within 14 days after 
4the agency's decision to award the contract.
5 (h) Multi-step sealed bidding. When it is considered 
6impracticable to initially prepare a purchase description to 
7support an award based on price, an invitation for bids may be 
8issued requesting the submission of unpriced offers to be 
9followed by an invitation for bids limited to those bidders 
10whose offers have been qualified under the criteria set forth 
11in the first solicitation.
12 (i) Alternative procedures. Notwithstanding any other 
13provision of this Act to the contrary, the Director of the 
14Illinois Power Agency may create alternative bidding 
15procedures to be used in procuring professional services under 
16subsections (a) and (c) of Section 1-75 and subsection (d) of 
17Section 1-78 of the Illinois Power Agency Act and Section 
1816-111.5(c) of the Public Utilities Act and to procure 
19renewable energy resources under Section 1-56 of the Illinois 
20Power Agency Act. These alternative procedures shall be set 
21forth together with the other criteria contained in the 
22invitation for bids, and shall appear in the appropriate 
23volume of the Illinois Procurement Bulletin. 
24 (j) Reverse auction. Notwithstanding any other provision 
25of this Section and in accordance with rules adopted by the 
26chief procurement officer, that chief procurement officer may 
 
 
10300HB3641sam003- 28 -LRB103 30390 AWJ 65350 a


1procure supplies or services through a competitive electronic 
2auction bidding process after the chief procurement officer 
3determines that the use of such a process will be in the best 
4interest of the State. The chief procurement officer shall 
5publish that determination in his or her next volume of the 
6Illinois Procurement Bulletin.
7 An invitation for bids shall be issued and shall include 
8(i) a procurement description, (ii) all contractual terms, 
9whenever practical, and (iii) conditions applicable to the 
10procurement, including a notice that bids will be received in 
11an electronic auction manner.
12 Public notice of the invitation for bids shall be given in 
13the same manner as provided in subsection (c).
14 Bids shall be accepted electronically at the time and in 
15the manner designated in the invitation for bids. During the 
16auction, a bidder's price shall be disclosed to other bidders. 
17Bidders shall have the opportunity to reduce their bid prices 
18during the auction. At the conclusion of the auction, the 
19record of the bid prices received and the name of each bidder 
20shall be open to public inspection.
21 After the auction period has terminated, withdrawal of 
22bids shall be permitted as provided in subsection (f).
23 The contract shall be awarded within 60 calendar days 
24after the auction by written notice to the lowest responsible 
25bidder, or all bids shall be rejected except as otherwise 
26provided in this Code. Extensions of the date for the award may 
 
 
10300HB3641sam003- 29 -LRB103 30390 AWJ 65350 a


1be made by mutual written consent of the State purchasing 
2officer and the lowest responsible bidder.
3 This subsection does not apply to (i) procurements of 
4professional and artistic services, (ii) telecommunications 
5services, communication services, and information services, 
6and (iii) contracts for construction projects, including 
7design professional services. 
8(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
9102-29, eff. 6-25-21.)

10 (Text of Section after amendment by P.A. 103-558)
11 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
1298-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
13 Sec. 20-10. Competitive sealed bidding; reverse auction. 
14 (a) Conditions for use. All contracts shall be awarded by 
15competitive sealed bidding except as otherwise provided in 
16Section 20-5.
17 (b) Invitation for bids. An invitation for bids shall be 
18issued and shall include a purchase description and the 
19material contractual terms and conditions applicable to the 
20procurement.
21 (c) Public notice. Public notice of the invitation for 
22bids shall be published in the Illinois Procurement Bulletin 
23at least 14 calendar days before the date set in the invitation 
24for the opening of bids.
25 (d) Bid opening. Bids shall be opened publicly or through 
 
 
10300HB3641sam003- 30 -LRB103 30390 AWJ 65350 a


1an electronic procurement system in the presence of one or 
2more witnesses at the time and place designated in the 
3invitation for bids. The name of each bidder, including earned 
4and applied bid credit from the Illinois Works Jobs Program 
5Act, the amount of each bid, and other relevant information as 
6may be specified by rule shall be recorded. After the award of 
7the contract, the winning bid and the record of each 
8unsuccessful bid shall be open to public inspection.
9 (e) Bid acceptance and bid evaluation. Bids shall be 
10unconditionally accepted without alteration or correction, 
11except as authorized in this Code. Bids shall be evaluated 
12based on the requirements set forth in the invitation for 
13bids, which may include criteria to determine acceptability 
14such as inspection, testing, quality, workmanship, delivery, 
15and suitability for a particular purpose. Those criteria that 
16will affect the bid price and be considered in evaluation for 
17award, such as discounts, transportation costs, and total or 
18life cycle costs, shall be objectively measurable. The 
19invitation for bids shall set forth the evaluation criteria to 
20be used.
21 (f) Correction or withdrawal of bids. Correction or 
22withdrawal of inadvertently erroneous bids before or after 
23award, or cancellation of awards of contracts based on bid 
24mistakes, shall be permitted in accordance with rules. After 
25bid opening, no changes in bid prices or other provisions of 
26bids prejudicial to the interest of the State or fair 
 
 
10300HB3641sam003- 31 -LRB103 30390 AWJ 65350 a


1competition shall be permitted. All decisions to permit the 
2correction or withdrawal of bids based on bid mistakes shall 
3be supported by written determination made by a State 
4purchasing officer.
5 (g) Award. The contract shall be awarded with reasonable 
6promptness by written notice to the lowest responsible and 
7responsive bidder whose bid meets the requirements and 
8criteria set forth in the invitation for bids, except when a 
9State purchasing officer determines it is not in the best 
10interest of the State and by written explanation determines 
11another bidder shall receive the award. The explanation shall 
12appear in the appropriate volume of the Illinois Procurement 
13Bulletin. The written explanation must include:
14  (1) a description of the agency's needs; 
15  (2) a determination that the anticipated cost will be 
16 fair and reasonable;
17  (3) a listing of all responsible and responsive 
18 bidders; and
19  (4) the name of the bidder selected, the total 
20 contract price, and the reasons for selecting that bidder.
21 Each chief procurement officer may adopt guidelines to 
22implement the requirements of this subsection (g).
23 The written explanation shall be filed with the 
24Legislative Audit Commission, and the Commission on Equity and 
25Inclusion, and the Procurement Policy Board, and be made 
26available for inspection by the public, within 14 calendar 
 
 
10300HB3641sam003- 32 -LRB103 30390 AWJ 65350 a


1days after the agency's decision to award the contract.
2 (g-5) Failed bid notice. In addition to the requirements 
3of subsection (g), if a bidder has failed to be awarded a 
4contract after 4 consecutive bids to provide the same services 
5to the Department of Transportation, the Capital Development 
6Board, or the Illinois State Toll Highway Authority, the 
7applicable agency shall, in writing, detail why each of the 4 
8bids was not awarded to the bidder. The applicable agency 
9shall submit by certified copy to the bidder the reason or 
10reasons why each of the 4 bids was not awarded to the bidder. 
11The agency shall submit that certified copy to the bidder 
12within the same calendar quarter in which the fourth bid was 
13rejected. This subsection does not apply if information 
14pertaining to a failed bid was previously disclosed to a 
15bidder by electronic means. If any agency chooses to provide 
16information by electronic means, the agency shall have a 
17written policy outlining how the agency will reasonably ensure 
18the bidder receives the information. For the purposes of this 
19subsection, "electronic means" means an email communication 
20from the applicable agency to the bidder or a public posting on 
21the applicable agency's procurement bulletin. 
22 (h) Multi-step sealed bidding. When it is considered 
23impracticable to initially prepare a purchase description to 
24support an award based on price, an invitation for bids may be 
25issued requesting the submission of unpriced offers to be 
26followed by an invitation for bids limited to those bidders 
 
 
10300HB3641sam003- 33 -LRB103 30390 AWJ 65350 a


1whose offers have been qualified under the criteria set forth 
2in the first solicitation.
3 (i) Alternative procedures. Notwithstanding any other 
4provision of this Act to the contrary, the Director of the 
5Illinois Power Agency may create alternative bidding 
6procedures to be used in procuring professional services under 
7Section 1-56, subsections (a) and (c) of Section 1-75 and 
8subsection (d) of Section 1-78 of the Illinois Power Agency 
9Act and Section 16-111.5(c) of the Public Utilities Act and to 
10procure renewable energy resources under Section 1-56 of the 
11Illinois Power Agency Act. These alternative procedures shall 
12be set forth together with the other criteria contained in the 
13invitation for bids, and shall appear in the appropriate 
14volume of the Illinois Procurement Bulletin. 
15 (j) Reverse auction. Notwithstanding any other provision 
16of this Section and in accordance with rules adopted by the 
17chief procurement officer, that chief procurement officer may 
18procure supplies or services through a competitive electronic 
19auction bidding process after the chief procurement officer 
20determines that the use of such a process will be in the best 
21interest of the State. The chief procurement officer shall 
22publish that determination in his or her next volume of the 
23Illinois Procurement Bulletin.
24 An invitation for bids shall be issued and shall include 
25(i) a procurement description, (ii) all contractual terms, 
26whenever practical, and (iii) conditions applicable to the 
 
 
10300HB3641sam003- 34 -LRB103 30390 AWJ 65350 a


1procurement, including a notice that bids will be received in 
2an electronic auction manner.
3 Public notice of the invitation for bids shall be given in 
4the same manner as provided in subsection (c).
5 Bids shall be accepted electronically at the time and in 
6the manner designated in the invitation for bids. During the 
7auction, a bidder's price shall be disclosed to other bidders. 
8Bidders shall have the opportunity to reduce their bid prices 
9during the auction. At the conclusion of the auction, the 
10record of the bid prices received and the name of each bidder 
11shall be open to public inspection.
12 After the auction period has terminated, withdrawal of 
13bids shall be permitted as provided in subsection (f).
14 The contract shall be awarded within 60 calendar days 
15after the auction by written notice to the lowest responsible 
16bidder, or all bids shall be rejected except as otherwise 
17provided in this Code. Extensions of the date for the award may 
18be made by mutual written consent of the State purchasing 
19officer and the lowest responsible bidder.
20 This subsection does not apply to (i) procurements of 
21professional and artistic services, (ii) telecommunications 
22services, communication services, and information services, 
23and (iii) contracts for construction projects, including 
24design professional services. 
25(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)

 
 
10300HB3641sam003- 35 -LRB103 30390 AWJ 65350 a


1 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
298-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
3 Sec. 20-10. Competitive sealed bidding; reverse auction. 
4 (a) Conditions for use. All contracts shall be awarded by 
5competitive sealed bidding except as otherwise provided in 
6Section 20-5.
7 (b) Invitation for bids. An invitation for bids shall be 
8issued and shall include a purchase description and the 
9material contractual terms and conditions applicable to the 
10procurement.
11 (c) Public notice. Public notice of the invitation for 
12bids shall be published in the Illinois Procurement Bulletin 
13at least 14 calendar days before the date set in the invitation 
14for the opening of bids.
15 (d) Bid opening. Bids shall be opened publicly or through 
16an electronic procurement system in the presence of one or 
17more witnesses at the time and place designated in the 
18invitation for bids. The name of each bidder, including earned 
19and applied bid credit from the Illinois Works Jobs Program 
20Act, the amount of each bid, and other relevant information as 
21may be specified by rule shall be recorded. After the award of 
22the contract, the winning bid and the record of each 
23unsuccessful bid shall be open to public inspection.
24 (e) Bid acceptance and bid evaluation. Bids shall be 
25unconditionally accepted without alteration or correction, 
26except as authorized in this Code. Bids shall be evaluated 
 
 
10300HB3641sam003- 36 -LRB103 30390 AWJ 65350 a


1based on the requirements set forth in the invitation for 
2bids, which may include criteria to determine acceptability 
3such as inspection, testing, quality, workmanship, delivery, 
4and suitability for a particular purpose. Those criteria that 
5will affect the bid price and be considered in evaluation for 
6award, such as discounts, transportation costs, and total or 
7life cycle costs, shall be objectively measurable. The 
8invitation for bids shall set forth the evaluation criteria to 
9be used.
10 (f) Correction or withdrawal of bids. Correction or 
11withdrawal of inadvertently erroneous bids before or after 
12award, or cancellation of awards of contracts based on bid 
13mistakes, shall be permitted in accordance with rules. After 
14bid opening, no changes in bid prices or other provisions of 
15bids prejudicial to the interest of the State or fair 
16competition shall be permitted. All decisions to permit the 
17correction or withdrawal of bids based on bid mistakes shall 
18be supported by written determination made by a State 
19purchasing officer.
20 (g) Award. The contract shall be awarded with reasonable 
21promptness by written notice to the lowest responsible and 
22responsive bidder whose bid meets the requirements and 
23criteria set forth in the invitation for bids, except when a 
24State purchasing officer determines it is not in the best 
25interest of the State and by written explanation determines 
26another bidder shall receive the award. The explanation shall 
 
 
10300HB3641sam003- 37 -LRB103 30390 AWJ 65350 a


1appear in the appropriate volume of the Illinois Procurement 
2Bulletin. The written explanation must include:
3  (1) a description of the agency's needs; 
4  (2) a determination that the anticipated cost will be 
5 fair and reasonable;
6  (3) a listing of all responsible and responsive 
7 bidders; and
8  (4) the name of the bidder selected, the total 
9 contract price, and the reasons for selecting that bidder.
10 Each chief procurement officer may adopt guidelines to 
11implement the requirements of this subsection (g).
12 The written explanation shall be filed with the 
13Legislative Audit Commission, and the Commission on Equity and 
14Inclusion, and the Procurement Policy Board, and be made 
15available for inspection by the public, within 14 days after 
16the agency's decision to award the contract.
17 (g-5) Failed bid notice. In addition to the requirements 
18of subsection (g), if a bidder has failed to be awarded a 
19contract after 4 consecutive bids to provide the same services 
20to the Department of Transportation, the Capital Development 
21Board, or the Illinois State Toll Highway Authority, the 
22applicable agency shall, in writing, detail why each of the 4 
23bids was not awarded to the bidder. The applicable agency 
24shall submit by certified copy to the bidder the reason or 
25reasons why each of the 4 bids was not awarded to the bidder. 
26The agency shall submit that certified copy to the bidder 
 
 
10300HB3641sam003- 38 -LRB103 30390 AWJ 65350 a


1within the same calendar quarter in which the fourth bid was 
2rejected. This subsection does not apply if information 
3pertaining to a failed bid was previously disclosed to a 
4bidder by electronic means. If any agency chooses to provide 
5information by electronic means, the agency shall have a 
6written policy outlining how the agency will reasonably ensure 
7the bidder receives the information. For the purposes of this 
8subsection, "electronic means" means an email communication 
9from the applicable agency to the bidder or a public posting on 
10the applicable agency's procurement bulletin. 
11 (h) Multi-step sealed bidding. When it is considered 
12impracticable to initially prepare a purchase description to 
13support an award based on price, an invitation for bids may be 
14issued requesting the submission of unpriced offers to be 
15followed by an invitation for bids limited to those bidders 
16whose offers have been qualified under the criteria set forth 
17in the first solicitation.
18 (i) Alternative procedures. Notwithstanding any other 
19provision of this Act to the contrary, the Director of the 
20Illinois Power Agency may create alternative bidding 
21procedures to be used in procuring professional services under 
22subsections (a) and (c) of Section 1-75 and subsection (d) of 
23Section 1-78 of the Illinois Power Agency Act and Section 
2416-111.5(c) of the Public Utilities Act and to procure 
25renewable energy resources under Section 1-56 of the Illinois 
26Power Agency Act. These alternative procedures shall be set 
 
 
10300HB3641sam003- 39 -LRB103 30390 AWJ 65350 a


1forth together with the other criteria contained in the 
2invitation for bids, and shall appear in the appropriate 
3volume of the Illinois Procurement Bulletin. 
4 (j) Reverse auction. Notwithstanding any other provision 
5of this Section and in accordance with rules adopted by the 
6chief procurement officer, that chief procurement officer may 
7procure supplies or services through a competitive electronic 
8auction bidding process after the chief procurement officer 
9determines that the use of such a process will be in the best 
10interest of the State. The chief procurement officer shall 
11publish that determination in his or her next volume of the 
12Illinois Procurement Bulletin.
13 An invitation for bids shall be issued and shall include 
14(i) a procurement description, (ii) all contractual terms, 
15whenever practical, and (iii) conditions applicable to the 
16procurement, including a notice that bids will be received in 
17an electronic auction manner.
18 Public notice of the invitation for bids shall be given in 
19the same manner as provided in subsection (c).
20 Bids shall be accepted electronically at the time and in 
21the manner designated in the invitation for bids. During the 
22auction, a bidder's price shall be disclosed to other bidders. 
23Bidders shall have the opportunity to reduce their bid prices 
24during the auction. At the conclusion of the auction, the 
25record of the bid prices received and the name of each bidder 
26shall be open to public inspection.
 
 
10300HB3641sam003- 40 -LRB103 30390 AWJ 65350 a


1 After the auction period has terminated, withdrawal of 
2bids shall be permitted as provided in subsection (f).
3 The contract shall be awarded within 60 calendar days 
4after the auction by written notice to the lowest responsible 
5bidder, or all bids shall be rejected except as otherwise 
6provided in this Code. Extensions of the date for the award may 
7be made by mutual written consent of the State purchasing 
8officer and the lowest responsible bidder.
9 This subsection does not apply to (i) procurements of 
10professional and artistic services, (ii) telecommunications 
11services, communication services, and information services, 
12and (iii) contracts for construction projects, including 
13design professional services. 
14(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)

15 Section 30. The Emergency Telephone System Act is amended 
16by changing Sections 19, 30, and 35 as follows:

17 (50 ILCS 750/19)
18 (Section scheduled to be repealed on December 31, 2025)
19 Sec. 19. Statewide 9-1-1 Advisory Board.
20 (a) Beginning July 1, 2015, there is created the Statewide 
219-1-1 Advisory Board within the Illinois State Police. The 
22Board shall consist of the following voting members:
23  (1) The Director of the Illinois State Police, or his 
24 or her designee, who shall serve as chairman.
 
 
10300HB3641sam003- 41 -LRB103 30390 AWJ 65350 a


1  (2) The Executive Director of the Commission, or his 
2 or her designee.
3  (3) Members appointed by the Governor as follows:
4   (A) one member representing the Illinois chapter 
5 of the National Emergency Number Association, or his 
6 or her designee;
7   (B) one member representing the Illinois chapter 
8 of the Association of Public-Safety Communications 
9 Officials, or his or her designee;
10   (C) one member representing a county 9-1-1 system 
11 from a county with a population of less than 37,000;
12   (C-5) one member representing a county 9-1-1 
13 system from a county with a population between 37,000 
14 and 100,000; 
15   (D) one member representing a county 9-1-1 system 
16 from a county with a population between 100,001 and 
17 250,000;
18   (E) one member representing a county 9-1-1 system 
19 from a county with a population of more than 250,000;
20   (F) one member representing a municipal or 
21 intergovernmental cooperative 9-1-1 system, excluding 
22 any single municipality with a population over 
23 500,000;
24   (G) one member representing the Illinois 
25 Association of Chiefs of Police;
26   (H) one member representing the Illinois Sheriffs' 
 
 
10300HB3641sam003- 42 -LRB103 30390 AWJ 65350 a


1 Association; and
2   (I) one member representing the Illinois Fire 
3 Chiefs Association.
4 The Governor shall appoint the following non-voting 
5members: (i) one member representing an incumbent local 
6exchange 9-1-1 system provider; (ii) one member representing a 
7non-incumbent local exchange 9-1-1 system provider; (iii) one 
8member representing a large wireless carrier; (iv) one member 
9representing an incumbent local exchange carrier; (v) one 
10member representing the Illinois Broadband and 
11Telecommunications Association; (vi) one member representing 
12the Illinois Broadband and Cable Association; and (vii) one 
13member representing the Illinois State Ambulance Association. 
14The Speaker of the House of Representatives, the Minority 
15Leader of the House of Representatives, the President of the 
16Senate, and the Minority Leader of the Senate may each appoint 
17a member of the General Assembly to temporarily serve as a 
18non-voting member of the Board during the 12 months prior to 
19the repeal date of this Act to discuss legislative initiatives 
20of the Board. 
21 (b) The Governor shall make initial appointments to the 
22Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the 
23voting members appointed by the Governor shall serve an 
24initial term of 2 years, and the remaining voting members 
25appointed by the Governor shall serve an initial term of 3 
26years. Thereafter, each appointment by the Governor shall be 
 
 
10300HB3641sam003- 43 -LRB103 30390 AWJ 65350 a


1for a term of 3 years and until their respective successors are 
2appointed. Non-voting members shall serve for a term of 3 
3years. Vacancies shall be filled in the same manner as the 
4original appointment. Persons appointed to fill a vacancy 
5shall serve for the balance of the unexpired term.
6 Members of the Statewide 9-1-1 Advisory Board shall serve 
7without compensation.
8 (c) The 9-1-1 Services Advisory Board, as constituted on 
9June 1, 2015 without the legislative members, shall serve in 
10the role of the Statewide 9-1-1 Advisory Board until all 
11appointments of voting members have been made by the Governor 
12under subsection (a) of this Section.
13 (d) The Statewide 9-1-1 Advisory Board shall:
14  (1) advise the Illinois State Police and the Statewide 
15 9-1-1 Administrator on the oversight of 9-1-1 systems and 
16 the development and implementation of a uniform statewide 
17 9-1-1 system;
18  (2) make recommendations to the Governor and the 
19 General Assembly regarding improvements to 9-1-1 services 
20 throughout the State; and
21  (3) exercise all other powers and duties provided in 
22 this Act.
23 (e) The Statewide 9-1-1 Advisory Board shall submit to the 
24General Assembly a report by March 1 of each year providing an 
25update on the transition to a statewide 9-1-1 system and 
26recommending any legislative action.
 
 
10300HB3641sam003- 44 -LRB103 30390 AWJ 65350 a


1 (f) The Illinois State Police shall provide administrative 
2support to the Statewide 9-1-1 Advisory Board. 
3(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22.)

5 (50 ILCS 750/30)
6 (Text of Section before amendment by P.A. 103-366)
7 (Section scheduled to be repealed on December 31, 2025)
8 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
9 (a) A special fund in the State treasury known as the 
10Wireless Service Emergency Fund shall be renamed the Statewide 
119-1-1 Fund. Any appropriations made from the Wireless Service 
12Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
13The Fund shall consist of the following: 
14  (1) 9-1-1 wireless surcharges assessed under the 
15 Wireless Emergency Telephone Safety Act.
16  (2) 9-1-1 surcharges assessed under Section 20 of this 
17 Act.
18  (3) Prepaid wireless 9-1-1 surcharges assessed under 
19 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
20  (4) Any appropriations, grants, or gifts made to the 
21 Fund.
22  (5) Any income from interest, premiums, gains, or 
23 other earnings on moneys in the Fund.
24  (6) Money from any other source that is deposited in 
25 or transferred to the Fund. 
 
 
10300HB3641sam003- 45 -LRB103 30390 AWJ 65350 a


1 (b) Subject to appropriation and availability of funds, 
2the Illinois State Police shall distribute the 9-1-1 
3surcharges monthly as follows:
4  (1) From each surcharge collected and remitted under 
5 Section 20 of this Act:
6   (A) $0.013 shall be distributed monthly in equal 
7 amounts to each County Emergency Telephone System 
8 Board in counties with a population under 100,000 
9 according to the most recent census data which is 
10 authorized to serve as a primary wireless 9-1-1 public 
11 safety answering point for the county and to provide 
12 wireless 9-1-1 service as prescribed by subsection (b) 
13 of Section 15.6a of this Act, and which does provide 
14 such service.
15   (B) $0.033 shall be transferred by the Comptroller 
16 at the direction of the Illinois State Police to the 
17 Wireless Carrier Reimbursement Fund until June 30, 
18 2017; from July 1, 2017 through June 30, 2018, $0.026 
19 shall be transferred; from July 1, 2018 through June 
20 30, 2019, $0.020 shall be transferred; from July 1, 
21 2019, through June 30, 2020, $0.013 shall be 
22 transferred; from July 1, 2020 through June 30, 2021, 
23 $0.007 will be transferred; and after June 30, 2021, 
24 no transfer shall be made to the Wireless Carrier 
25 Reimbursement Fund.
26   (C) Until December 31, 2017, $0.007 and on and 
 
 
10300HB3641sam003- 46 -LRB103 30390 AWJ 65350 a


1 after January 1, 2018, $0.017 shall be used to cover 
2 the Illinois State Police's administrative costs.
3   (D) Beginning January 1, 2018, until June 30, 
4 2020, $0.12, and on and after July 1, 2020, $0.04 shall 
5 be used to make monthly proportional grants to the 
6 appropriate 9-1-1 Authority currently taking wireless 
7 9-1-1 based upon the United States Postal Zip Code of 
8 the billing addresses of subscribers wireless 
9 carriers.
10   (E) Until June 30, 2025 2023, $0.05 shall be used 
11 by the Illinois State Police for grants for NG9-1-1 
12 expenses, with priority given to 9-1-1 Authorities 
13 that provide 9-1-1 service within the territory of a 
14 Large Electing Provider as defined in Section 13-406.1 
15 of the Public Utilities Act.
16   (F) On and after July 1, 2020, $0.13 shall be used 
17 for the implementation of and continuing expenses for 
18 the Statewide NG9-1-1 system. 
19  (2) After disbursements under paragraph (1) of this 
20 subsection (b), all remaining funds in the Statewide 9-1-1 
21 Fund shall be disbursed in the following priority order: 
22   (A) The Fund shall pay monthly to: 
23    (i) the 9-1-1 Authorities that imposed 
24 surcharges under Section 15.3 of this Act and were 
25 required to report to the Illinois Commerce 
26 Commission under Section 27 of the Wireless 
 
 
10300HB3641sam003- 47 -LRB103 30390 AWJ 65350 a


1 Emergency Telephone Safety Act on October 1, 2014, 
2 except a 9-1-1 Authority in a municipality with a 
3 population in excess of 500,000, an amount equal 
4 to the average monthly wireline and VoIP surcharge 
5 revenue attributable to the most recent 12-month 
6 period reported to the Illinois State Police under 
7 that Section for the October 1, 2014 filing, 
8 subject to the power of the Illinois State Police 
9 to investigate the amount reported and adjust the 
10 number by order under Article X of the Public 
11 Utilities Act, so that the monthly amount paid 
12 under this item accurately reflects one-twelfth of 
13 the aggregate wireline and VoIP surcharge revenue 
14 properly attributable to the most recent 12-month 
15 period reported to the Commission; or 
16    (ii) county qualified governmental entities 
17 that did not impose a surcharge under Section 15.3 
18 as of December 31, 2015, and counties that did not 
19 impose a surcharge as of June 30, 2015, an amount 
20 equivalent to their population multiplied by .37 
21 multiplied by the rate of $0.69; counties that are 
22 not county qualified governmental entities and 
23 that did not impose a surcharge as of December 31, 
24 2015, shall not begin to receive the payment 
25 provided for in this subsection until E9-1-1 and 
26 wireless E9-1-1 services are provided within their 
 
 
10300HB3641sam003- 48 -LRB103 30390 AWJ 65350 a


1 counties; or 
2    (iii) counties without 9-1-1 service that had 
3 a surcharge in place by December 31, 2015, an 
4 amount equivalent to their population multiplied 
5 by .37 multiplied by their surcharge rate as 
6 established by the referendum. 
7   (B) All 9-1-1 network costs for systems outside of 
8 municipalities with a population of at least 500,000 
9 shall be paid by the Illinois State Police directly to 
10 the vendors.
11   (C) All expenses incurred by the Administrator and 
12 the Statewide 9-1-1 Advisory Board and costs 
13 associated with procurement under Section 15.6b 
14 including requests for information and requests for 
15 proposals.
16   (D) Funds may be held in reserve by the Statewide 
17 9-1-1 Advisory Board and disbursed by the Illinois 
18 State Police for grants under Section 15.4b of this 
19 Act and for NG9-1-1 expenses up to $12.5 million per 
20 year in State fiscal years 2016 and 2017; up to $20 
21 million in State fiscal year 2018; up to $20.9 million 
22 in State fiscal year 2019; up to $15.3 million in State 
23 fiscal year 2020; up to $16.2 million in State fiscal 
24 year 2021; up to $23.1 million in State fiscal year 
25 2022; and up to $17.0 million per year for State fiscal 
26 year 2023 and each year thereafter. The amount held in 
 
 
10300HB3641sam003- 49 -LRB103 30390 AWJ 65350 a


1 reserve in State fiscal years 2021, 2022, and 2023 
2 shall not be less than $6.5 million. Disbursements 
3 under this subparagraph (D) shall be prioritized as 
4 follows: (i) consolidation grants prioritized under 
5 subsection (a) of Section 15.4b of this Act; (ii) 
6 NG9-1-1 expenses; and (iii) consolidation grants under 
7 Section 15.4b of this Act for consolidation expenses 
8 incurred between January 1, 2010, and January 1, 2016. 
9   (E) All remaining funds per remit month shall be 
10 used to make monthly proportional grants to the 
11 appropriate 9-1-1 Authority currently taking wireless 
12 9-1-1 based upon the United States Postal Zip Code of 
13 the billing addresses of subscribers of wireless 
14 carriers. 
15 (c) The moneys deposited into the Statewide 9-1-1 Fund 
16under this Section shall not be subject to administrative 
17charges or chargebacks unless otherwise authorized by this 
18Act.
19 (d) Whenever two or more 9-1-1 Authorities consolidate, 
20the resulting Joint Emergency Telephone System Board shall be 
21entitled to the monthly payments that had theretofore been 
22made to each consolidating 9-1-1 Authority. Any reserves held 
23by any consolidating 9-1-1 Authority shall be transferred to 
24the resulting Joint Emergency Telephone System Board. Whenever 
25a county that has no 9-1-1 service as of January 1, 2016 enters 
26into an agreement to consolidate to create or join a Joint 
 
 
10300HB3641sam003- 50 -LRB103 30390 AWJ 65350 a


1Emergency Telephone System Board, the Joint Emergency 
2Telephone System Board shall be entitled to the monthly 
3payments that would have otherwise been paid to the county if 
4it had provided 9-1-1 service. 
5(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; 
6102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

7 (Text of Section after amendment by P.A. 103-366)
8 (Section scheduled to be repealed on December 31, 2025)
9 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
10 (a) A special fund in the State treasury known as the 
11Wireless Service Emergency Fund shall be renamed the Statewide 
129-1-1 Fund. Any appropriations made from the Wireless Service 
13Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
14The Fund shall consist of the following: 
15  (1) (Blank).
16  (2) 9-1-1 surcharges assessed under Section 20 of this 
17 Act.
18  (3) Prepaid wireless 9-1-1 surcharges assessed under 
19 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
20  (4) Any appropriations, grants, or gifts made to the 
21 Fund.
22  (5) Any income from interest, premiums, gains, or 
23 other earnings on moneys in the Fund.
24  (6) Money from any other source that is deposited in 
25 or transferred to the Fund. 
 
 
10300HB3641sam003- 51 -LRB103 30390 AWJ 65350 a


1 (b) Subject to appropriation and availability of funds, 
2the Illinois State Police shall distribute the 9-1-1 
3surcharges monthly as follows:
4  (1) From each surcharge collected and remitted under 
5 Section 20 of this Act:
6   (A) $0.013 shall be distributed monthly in equal 
7 amounts to each County Emergency Telephone System 
8 Board in counties with a population under 100,000 
9 according to the most recent census data which is 
10 authorized to serve as a primary wireless 9-1-1 public 
11 safety answering point for the county and to provide 
12 wireless 9-1-1 service as prescribed by subsection (b) 
13 of Section 15.6a of this Act, and which does provide 
14 such service.
15   (B) (Blank).
16   (C) Until December 31, 2017, $0.007 and on and 
17 after January 1, 2018, $0.017 shall be used to cover 
18 the Illinois State Police's administrative costs.
19   (D) Beginning January 1, 2018, until June 30, 
20 2020, $0.12, and on and after July 1, 2020, $0.04 shall 
21 be used to make monthly disbursements to the 
22 appropriate 9-1-1 Authority currently taking wireless 
23 9-1-1 based upon the United States Postal Zip Code of 
24 the billing addresses of subscribers wireless 
25 carriers.
26   (E) Until June 30, 2025 2023, $0.05 shall be used 
 
 
10300HB3641sam003- 52 -LRB103 30390 AWJ 65350 a


1 by the Illinois State Police for grants for NG9-1-1 
2 expenses, with priority given to 9-1-1 Authorities 
3 that provide 9-1-1 service within the territory of a 
4 Large Electing Provider as defined in Section 13-406.1 
5 of the Public Utilities Act.
6   (F) On and after July 1, 2020, $0.13 shall be used 
7 for the implementation of and continuing expenses for 
8 the Statewide NG9-1-1 system. 
9  (1.5) Beginning on the effective date of this 
10 amendatory Act of the 103rd General Assembly, to assist 
11 with the implementation of the statewide Next Generation 
12 9-1-1 network, the Illinois State Police's administrative 
13 costs include the one-time capital cost of upgrading the 
14 Illinois State Police's call-handling equipment to meet 
15 the standards necessary to access and increase 
16 interoperability with the statewide Next Generation 9-1-1 
17 network.
18   (A) Upon completion of the Illinois State Police's 
19 call-handling equipment upgrades, but no later than 
20 June 30, 2024, surplus moneys in excess of $1,000,000 
21 from subparagraph (C) of paragraph (1) not utilized by 
22 the Illinois State Police for administrative costs 
23 shall be distributed to the 9-1-1 Authorities in 
24 accordance with subparagraph (E) of paragraph (2) on 
25 an annual basis at the end of the State fiscal year. 
26 Any remaining surplus money may also be distributed 
 
 
10300HB3641sam003- 53 -LRB103 30390 AWJ 65350 a


1 consistent with this paragraph (1.5) at the discretion 
2 of the Illinois State Police.
3   (B) Upon implementation of the Statewide NG9-1-1 
4 system, but no later than June 30, 2024, surplus 
5 moneys in excess of $5,000,000 from subparagraph (F) 
6 of paragraph (1) not utilized by the Illinois State 
7 Police for the implementation of and continuing 
8 expenses for the Statewide NG9-1-1 system shall be 
9 distributed to the 9-1-1 Authorities in accordance 
10 with subparagraph (E) of subsection (2) on an annual 
11 basis at the end of the State fiscal year. Any 
12 remaining surplus money may also be distributed 
13 consistent with this paragraph (1.5) at the discretion 
14 of the Illinois State Police. 
15  (2) After disbursements under paragraph (1) of this 
16 subsection (b), all remaining funds in the Statewide 9-1-1 
17 Fund shall be disbursed in the following priority order: 
18   (A) The Fund shall pay monthly to: 
19    (i) the 9-1-1 Authorities that imposed 
20 surcharges under Section 15.3 of this Act and were 
21 required to report to the Illinois Commerce 
22 Commission under Section 27 of the Wireless 
23 Emergency Telephone Safety Act on October 1, 2014, 
24 except a 9-1-1 Authority in a municipality with a 
25 population in excess of 500,000, an amount equal 
26 to the average monthly wireline and VoIP surcharge 
 
 
10300HB3641sam003- 54 -LRB103 30390 AWJ 65350 a


1 revenue attributable to the most recent 12-month 
2 period reported to the Illinois State Police under 
3 that Section for the October 1, 2014 filing, 
4 subject to the power of the Illinois State Police 
5 to investigate the amount reported and adjust the 
6 number by order under Article X of the Public 
7 Utilities Act, so that the monthly amount paid 
8 under this item accurately reflects one-twelfth of 
9 the aggregate wireline and VoIP surcharge revenue 
10 properly attributable to the most recent 12-month 
11 period reported to the Commission; or 
12    (ii) county qualified governmental entities 
13 that did not impose a surcharge under Section 15.3 
14 as of December 31, 2015, and counties that did not 
15 impose a surcharge as of June 30, 2015, an amount 
16 equivalent to their population multiplied by .37 
17 multiplied by the rate of $0.69; counties that are 
18 not county qualified governmental entities and 
19 that did not impose a surcharge as of December 31, 
20 2015, shall not begin to receive the payment 
21 provided for in this subsection until E9-1-1 and 
22 wireless E9-1-1 services are provided within their 
23 counties; or 
24    (iii) counties without 9-1-1 service that had 
25 a surcharge in place by December 31, 2015, an 
26 amount equivalent to their population multiplied 
 
 
10300HB3641sam003- 55 -LRB103 30390 AWJ 65350 a


1 by .37 multiplied by their surcharge rate as 
2 established by the referendum. 
3   (B) All 9-1-1 network costs for systems outside of 
4 municipalities with a population of at least 500,000 
5 shall be paid by the Illinois State Police directly to 
6 the vendors.
7   (C) All expenses incurred by the Administrator and 
8 the Statewide 9-1-1 Advisory Board and costs 
9 associated with procurement under Section 15.6b 
10 including requests for information and requests for 
11 proposals.
12   (D) Funds may be held in reserve by the Statewide 
13 9-1-1 Advisory Board and disbursed by the Illinois 
14 State Police for grants under Section 15.4b of this 
15 Act and for NG9-1-1 expenses up to $12.5 million per 
16 year in State fiscal years 2016 and 2017; up to $20 
17 million in State fiscal year 2018; up to $20.9 million 
18 in State fiscal year 2019; up to $15.3 million in State 
19 fiscal year 2020; up to $16.2 million in State fiscal 
20 year 2021; up to $23.1 million in State fiscal year 
21 2022; and up to $17.0 million per year for State fiscal 
22 year 2023 and each year thereafter. The amount held in 
23 reserve in State fiscal years 2021, 2022, and 2023 
24 shall not be less than $6.5 million. Disbursements 
25 under this subparagraph (D) shall be prioritized as 
26 follows: (i) consolidation grants prioritized under 
 
 
10300HB3641sam003- 56 -LRB103 30390 AWJ 65350 a


1 subsection (a) of Section 15.4b of this Act; (ii) 
2 NG9-1-1 expenses; and (iii) consolidation grants under 
3 Section 15.4b of this Act for consolidation expenses 
4 incurred between January 1, 2010, and January 1, 2016. 
5   (E) All remaining funds per remit month shall be 
6 used to make monthly disbursements to the appropriate 
7 9-1-1 Authority currently taking wireless 9-1-1 based 
8 upon the United States Postal Zip Code of the billing 
9 addresses of subscribers of wireless carriers. 
10 (c) The moneys deposited into the Statewide 9-1-1 Fund 
11under this Section shall not be subject to administrative 
12charges or chargebacks unless otherwise authorized by this 
13Act.
14 (d) Whenever two or more 9-1-1 Authorities consolidate, 
15the resulting Joint Emergency Telephone System Board shall be 
16entitled to the monthly payments that had theretofore been 
17made to each consolidating 9-1-1 Authority. Any reserves held 
18by any consolidating 9-1-1 Authority shall be transferred to 
19the resulting Joint Emergency Telephone System Board. Whenever 
20a county that has no 9-1-1 service as of January 1, 2016 enters 
21into an agreement to consolidate to create or join a Joint 
22Emergency Telephone System Board, the Joint Emergency 
23Telephone System Board shall be entitled to the monthly 
24payments that would have otherwise been paid to the county if 
25it had provided 9-1-1 service. 
26(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
 
 
10300HB3641sam003- 57 -LRB103 30390 AWJ 65350 a


1102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)

2 (50 ILCS 750/35)
3 (Text of Section before amendment by P.A. 103-366)
4 (Section scheduled to be repealed on December 31, 2025)
5 Sec. 35. 9-1-1 surcharge; allowable expenditures. Except 
6as otherwise provided in this Act, expenditures from surcharge 
7revenues received under this Act may be made by 
8municipalities, counties, and 9-1-1 Authorities only to pay 
9for the costs associated with the following:
10  (1) The design of the Emergency Telephone System.
11  (2) The coding of an initial Master Street Address 
12 Guide database, and update and maintenance thereof.
13  (3) The repayment of any moneys advanced for the 
14 implementation of the system.
15  (4) The charges for Automatic Number Identification 
16 and Automatic Location Identification equipment, a 
17 computer aided dispatch system that records, maintains, 
18 and integrates information, mobile data transmitters 
19 equipped with automatic vehicle locators, and maintenance, 
20 replacement, and update thereof to increase operational 
21 efficiency and improve the provision of emergency 
22 services.
23  (5) The non-recurring charges related to installation 
24 of the Emergency Telephone System.
25  (6) The initial acquisition and installation, or the 
 
 
10300HB3641sam003- 58 -LRB103 30390 AWJ 65350 a


1 reimbursement of costs therefor to other governmental 
2 bodies that have incurred those costs, of road or street 
3 signs that are essential to the implementation of the 
4 Emergency Telephone System and that are not duplicative of 
5 signs that are the responsibility of the jurisdiction 
6 charged with maintaining road and street signs. Funds may 
7 not be used for ongoing expenses associated with road or 
8 street sign maintenance and replacement. 
9  (7) Other products and services necessary for the 
10 implementation, upgrade, and maintenance of the system and 
11 any other purpose related to the operation of the system, 
12 including costs attributable directly to the construction, 
13 leasing, or maintenance of any buildings or facilities or 
14 costs of personnel attributable directly to the operation 
15 of the system. Costs attributable directly to the 
16 operation of an emergency telephone system do not include 
17 the costs of public safety agency personnel who are and 
18 equipment that is dispatched in response to an emergency 
19 call.
20  (8) The defraying of expenses incurred to implement 
21 Next Generation 9-1-1, subject to the conditions set forth 
22 in this Act.
23  (9) The implementation of a computer aided dispatch 
24 system or hosted supplemental 9-1-1 services.
25  (10) The design, implementation, operation, 
26 maintenance, or upgrade of wireless 9-1-1, E9-1-1, or 
 
 
10300HB3641sam003- 59 -LRB103 30390 AWJ 65350 a


1 NG9-1-1 emergency services and public safety answering 
2 points. 
3 In the case of a municipality with a population over 
4500,000, moneys may also be used for any anti-terrorism or 
5emergency preparedness measures, including, but not limited 
6to, preparedness planning, providing local matching funds for 
7federal or State grants, personnel training, and specialized 
8equipment, including surveillance cameras, as needed to deal 
9with natural and terrorist-inspired emergency situations or 
10events. 
11(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

12 (Text of Section after amendment by P.A. 103-366)
13 (Section scheduled to be repealed on December 31, 2025)
14 Sec. 35. 9-1-1 surcharge; allowable expenditures. 
15 (a) Except as otherwise provided in this Act, expenditures 
16from surcharge revenues received under this Act shall be made 
17consistent with 47 CFR 9.23, which include the following:
18  (1) support and implementation of 9-1-1 services 
19 provided by or in the State or taxing jurisdiction 
20 imposing the fee or charge; and
21  (2) operational expenses of public safety answering 
22 points within the State. Examples of allowable 
23 expenditures include, but are not limited to:
24   (A) PSAP operating costs, including lease, 
25 purchase, maintenance, replacement, and upgrade of 
 
 
10300HB3641sam003- 60 -LRB103 30390 AWJ 65350 a


1 customer premises equipment (hardware and software), 
2 CAD equipment (hardware and software), and the PSAP 
3 building and facility and including NG9-1-1, 
4 cybersecurity, pre-arrival instructions, and emergency 
5 notification systems. PSAP operating costs include 
6 technological innovation that supports 9-1-1;
7   (B) PSAP personnel costs, including 
8 telecommunicators' salaries and training;
9   (C) PSAP administration, including costs for 
10 administration of 9-1-1 services and travel expenses 
11 associated with the provision of 9-1-1 services;
12   (D) integrating public safety and first responder 
13 dispatch and 9-1-1 systems, including lease, purchase, 
14 maintenance, and upgrade of CAD equipment (hardware 
15 and software) to support integrated 9-1-1 and public 
16 safety dispatch operations; and 
17   (E) providing the interoperability of 9-1-1 
18 systems with one another and with public safety and 
19 first responder radio systems; and .
20   (F) costs for the initial acquisition and 
21 installation of road or street signs that are 
22 essential to the implementation of the Emergency 
23 Telephone System and that are not duplicative of signs 
24 that are the responsibility of the jurisdiction 
25 charged with maintaining road and street signs, as 
26 well as costs incurred to reimburse governmental 
 
 
10300HB3641sam003- 61 -LRB103 30390 AWJ 65350 a


1 bodies for the acquisition and installation of those 
2 signs, except that expenditures may not be used for 
3 ongoing expenses associated with sign maintenance and 
4 replacement. 
5  (3) (Blank).
6  (4) (Blank).
7  (5) (Blank).
8  (6) (Blank). 
9  (7) (Blank).
10  (8) (Blank).
11  (9) (Blank).
12  (10) (Blank). 
13 (b) The obligation or expenditure of surcharge revenues 
14received under this Act for a purpose or function inconsistent 
15with 47 CFR 9.23 and this Section shall constitute diversion, 
16which undermines the purpose of this Act by depriving the 
179-1-1 system of the funds it needs to function effectively and 
18to modernize 9-1-1 operations. Examples of diversion include, 
19but are not limited to:
20  (1) transfer of 9-1-1 fees into a State or other 
21 jurisdiction's general fund or other fund for non-9-1-1 
22 purposes;
23  (2) use of surcharge revenues for equipment or 
24 infrastructure for constructing or expanding 
25 non-public-safety communications networks (e.g., 
26 commercial cellular networks); and
 
 
10300HB3641sam003- 62 -LRB103 30390 AWJ 65350 a


1  (3) use of surcharge revenues for equipment or 
2 infrastructure for law enforcement, firefighters, and 
3 other public safety or first responder entities that does 
4 not directly support providing 9-1-1 services. 
5 (c) In the case of a municipality with a population over 
6500,000, moneys may also be used for any anti-terrorism or 
7emergency preparedness measures, including, but not limited 
8to, preparedness planning, providing local matching funds for 
9federal or State grants, personnel training, and specialized 
10equipment, including surveillance cameras, as needed to deal 
11with natural and terrorist-inspired emergency situations or 
12events. 
13(Source: P.A. 103-366, eff. 1-1-24.)

14 Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is 
15amended by changing Section 15 as follows:

16 (50 ILCS 753/15)
17 Sec. 15. Prepaid wireless 9-1-1 surcharge. 
18 (a) Until September 30, 2015, there is hereby imposed on 
19consumers a prepaid wireless 9-1-1 surcharge of 1.5% per 
20retail transaction. Beginning October 1, 2015, the prepaid 
21wireless 9-1-1 surcharge shall be 3% per retail transaction. 
22Until December 31, 2023, the The surcharge authorized by this 
23subsection (a) does not apply in a home rule municipality 
24having a population in excess of 500,000.
 
 
10300HB3641sam003- 63 -LRB103 30390 AWJ 65350 a


1 (a-5) On or after the effective date of this amendatory 
2Act of the 98th General Assembly and until December 31, 2023, a 
3home rule municipality having a population in excess of 
4500,000 on the effective date of this amendatory Act may 
5impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per 
6retail transaction sourced to that jurisdiction and collected 
7and remitted in accordance with the provisions of subsection 
8(b-5) of this Section. 
9 (b) The prepaid wireless 9-1-1 surcharge shall be 
10collected by the seller from the consumer with respect to each 
11retail transaction occurring in this State and shall be 
12remitted to the Department by the seller as provided in this 
13Act. The amount of the prepaid wireless 9-1-1 surcharge shall 
14be separately stated as a distinct item apart from the charge 
15for the prepaid wireless telecommunications service on an 
16invoice, receipt, or other similar document that is provided 
17to the consumer by the seller or shall be otherwise disclosed 
18to the consumer. If the seller does not separately state the 
19surcharge as a distinct item to the consumer as provided in 
20this Section, then the seller shall maintain books and records 
21as required by this Act which clearly identify the amount of 
22the 9-1-1 surcharge for retail transactions.
23 For purposes of this subsection (b), a retail transaction 
24occurs in this State if (i) the retail transaction is made in 
25person by a consumer at the seller's business location and the 
26business is located within the State; (ii) the seller is a 
 
 
10300HB3641sam003- 64 -LRB103 30390 AWJ 65350 a


1provider and sells prepaid wireless telecommunications service 
2to a consumer located in Illinois; (iii) the retail 
3transaction is treated as occurring in this State for purposes 
4of the Retailers' Occupation Tax Act; or (iv) a seller that is 
5included within the definition of a "retailer maintaining a 
6place of business in this State" under Section 2 of the Use Tax 
7Act makes a sale of prepaid wireless telecommunications 
8service to a consumer located in Illinois. In the case of a 
9retail transaction which does not occur in person at a 
10seller's business location, if a consumer uses a credit card 
11to purchase prepaid wireless telecommunications service 
12on-line or over the telephone, and no product is shipped to the 
13consumer, the transaction occurs in this State if the billing 
14address for the consumer's credit card is in this State.
15 (b-5) The prepaid wireless 9-1-1 surcharge imposed under 
16subsection (a-5) of this Section shall be collected by the 
17seller from the consumer with respect to each retail 
18transaction occurring in the municipality imposing the 
19surcharge. The amount of the prepaid wireless 9-1-1 surcharge 
20shall be separately stated on an invoice, receipt, or other 
21similar document that is provided to the consumer by the 
22seller or shall be otherwise disclosed to the consumer. If the 
23seller does not separately state the surcharge as a distinct 
24item to the consumer as provided in this Section, then the 
25seller shall maintain books and records as required by this 
26Act which clearly identify the amount of the 9-1-1 surcharge 
 
 
10300HB3641sam003- 65 -LRB103 30390 AWJ 65350 a


1for retail transactions.
2 For purposes of this subsection (b-5), a retail 
3transaction occurs in the municipality if (i) the retail 
4transaction is made in person by a consumer at the seller's 
5business location and the business is located within the 
6municipality; (ii) the seller is a provider and sells prepaid 
7wireless telecommunications service to a consumer located in 
8the municipality; (iii) the retail transaction is treated as 
9occurring in the municipality for purposes of the Retailers' 
10Occupation Tax Act; or (iv) a seller that is included within 
11the definition of a "retailer maintaining a place of business 
12in this State" under Section 2 of the Use Tax Act makes a sale 
13of prepaid wireless telecommunications service to a consumer 
14located in the municipality. In the case of a retail 
15transaction which does not occur in person at a seller's 
16business location, if a consumer uses a credit card to 
17purchase prepaid wireless telecommunications service on-line 
18or over the telephone, and no product is shipped to the 
19consumer, the transaction occurs in the municipality if the 
20billing address for the consumer's credit card is in the 
21municipality.
22 (c) The prepaid wireless 9-1-1 surcharge is imposed on the 
23consumer and not on any provider. The seller shall be liable to 
24remit all prepaid wireless 9-1-1 surcharges that the seller 
25collects from consumers as provided in Section 20, including 
26all such surcharges that the seller is deemed to collect where 
 
 
10300HB3641sam003- 66 -LRB103 30390 AWJ 65350 a


1the amount of the surcharge has not been separately stated on 
2an invoice, receipt, or other similar document provided to the 
3consumer by the seller. The surcharge collected or deemed 
4collected by a seller shall constitute a debt owed by the 
5seller to this State, and any such surcharge actually 
6collected shall be held in trust for the benefit of the 
7Department.
8 For purposes of this subsection (c), the surcharge shall 
9not be imposed or collected from entities that have an active 
10tax exemption identification number issued by the Department 
11under Section 1g of the Retailers' Occupation Tax Act.
12 (d) The amount of the prepaid wireless 9-1-1 surcharge 
13that is collected by a seller from a consumer, if such amount 
14is separately stated on an invoice, receipt, or other similar 
15document provided to the consumer by the seller, shall not be 
16included in the base for measuring any tax, fee, surcharge, or 
17other charge that is imposed by this State, any political 
18subdivision of this State, or any intergovernmental agency. 
19 (e) (Blank). 
20 (e-5) Any changes in the rate of the surcharge imposed by a 
21municipality under the authority granted in subsection (a-5) 
22of this Section shall be effective on the first day of the 
23first calendar month to occur at least 60 days after the 
24enactment of the change. The Department shall provide not less 
25than 30 days' notice of the increase or reduction in the rate 
26of such surcharge on the Department's website.
 
 
10300HB3641sam003- 67 -LRB103 30390 AWJ 65350 a


1 (f) When prepaid wireless telecommunications service is 
2sold with one or more other products or services for a single, 
3non-itemized price, then the percentage specified in 
4subsection (a) or (a-5) of this Section 15 shall be applied to 
5the entire non-itemized price unless the seller elects to 
6apply the percentage to (i) the dollar amount of the prepaid 
7wireless telecommunications service if that dollar amount is 
8disclosed to the consumer or (ii) the portion of the price that 
9is attributable to the prepaid wireless telecommunications 
10service if the retailer can identify that portion by 
11reasonable and verifiable standards from its books and records 
12that are kept in the regular course of business for other 
13purposes, including, but not limited to, books and records 
14that are kept for non-tax purposes. However, if a minimal 
15amount of prepaid wireless telecommunications service is sold 
16with a prepaid wireless device for a single, non-itemized 
17price, then the seller may elect not to apply the percentage 
18specified in subsection (a) or (a-5) of this Section 15 to such 
19transaction. For purposes of this subsection, an amount of 
20service denominated as 10 minutes or less or $5 or less is 
21considered minimal.
22 (g) The prepaid wireless 9-1-1 surcharge imposed under 
23subsections (a) and (a-5) of this Section is not imposed on the 
24provider or the consumer for wireless Lifeline service where 
25the consumer does not pay the provider for the service. Where 
26the consumer purchases from the provider optional minutes, 
 
 
10300HB3641sam003- 68 -LRB103 30390 AWJ 65350 a


1texts, or other services in addition to the federally funded 
2Lifeline benefit, a consumer must pay the prepaid wireless 
39-1-1 surcharge, and it must be collected by the seller 
4according to subsection (b-5). 
5(Source: P.A. 102-9, eff. 6-3-21.)

6 Section 40. The School Code is amended by changing 
7Sections 21B-20, 27-20.3, and 27-21 and by renumbering and 
8changing Section 22-95, as added by Public Act 103-46, as 
9follows:

10 (105 ILCS 5/21B-20)
11 (Text of Section before amendment by P.A. 103-193)
12 Sec. 21B-20. Types of licenses. The State Board of 
13Education shall implement a system of educator licensure, 
14whereby individuals employed in school districts who are 
15required to be licensed must have one of the following 
16licenses: (i) a professional educator license; (ii) an 
17educator license with stipulations; (iii) a substitute 
18teaching license; or (iv) until June 30, 2028, a short-term 
19substitute teaching license. References in law regarding 
20individuals certified or certificated or required to be 
21certified or certificated under Article 21 of this Code shall 
22also include individuals licensed or required to be licensed 
23under this Article. The first year of all licenses ends on June 
2430 following one full year of the license being issued.
 
 
10300HB3641sam003- 69 -LRB103 30390 AWJ 65350 a


1 The State Board of Education, in consultation with the 
2State Educator Preparation and Licensure Board, may adopt such 
3rules as may be necessary to govern the requirements for 
4licenses and endorsements under this Section. 
5  (1) Professional Educator License. Persons who (i) 
6 have successfully completed an approved educator 
7 preparation program and are recommended for licensure by 
8 the Illinois institution offering the educator preparation 
9 program, (ii) have successfully completed the required 
10 testing under Section 21B-30 of this Code, (iii) have 
11 successfully completed coursework on the psychology of, 
12 the identification of, and the methods of instruction for 
13 the exceptional child, including, without limitation, 
14 children with learning disabilities, (iv) have 
15 successfully completed coursework in methods of reading 
16 and reading in the content area, and (v) have met all other 
17 criteria established by rule of the State Board of 
18 Education shall be issued a Professional Educator License. 
19 All Professional Educator Licenses are valid until June 30 
20 immediately following 5 years of the license being issued. 
21 The Professional Educator License shall be endorsed with 
22 specific areas and grade levels in which the individual is 
23 eligible to practice. For an early childhood education 
24 endorsement, an individual may satisfy the student 
25 teaching requirement of his or her early childhood teacher 
26 preparation program through placement in a setting with 
 
 
10300HB3641sam003- 70 -LRB103 30390 AWJ 65350 a


1 children from birth through grade 2, and the individual 
2 may be paid and receive credit while student teaching. The 
3 student teaching experience must meet the requirements of 
4 and be approved by the individual's early childhood 
5 teacher preparation program.
6  Individuals can receive subsequent endorsements on the 
7 Professional Educator License. Subsequent endorsements 
8 shall require a minimum of 24 semester hours of coursework 
9 in the endorsement area and passage of the applicable 
10 content area test, unless otherwise specified by rule.
11  (2) Educator License with Stipulations. An Educator 
12 License with Stipulations shall be issued an endorsement 
13 that limits the license holder to one particular position 
14 or does not require completion of an approved educator 
15 program or both.
16  An individual with an Educator License with 
17 Stipulations must not be employed by a school district or 
18 any other entity to replace any presently employed teacher 
19 who otherwise would not be replaced for any reason.
20  An Educator License with Stipulations may be issued 
21 with the following endorsements:
22   (A) (Blank). 
23   (B) Alternative provisional educator. An 
24 alternative provisional educator endorsement on an 
25 Educator License with Stipulations may be issued to an 
26 applicant who, at the time of applying for the 
 
 
10300HB3641sam003- 71 -LRB103 30390 AWJ 65350 a


1 endorsement, has done all of the following:
2    (i) Graduated from a regionally accredited 
3 college or university with a minimum of a 
4 bachelor's degree.
5    (ii) Successfully completed the first phase of 
6 the Alternative Educator Licensure Program for 
7 Teachers, as described in Section 21B-50 of this 
8 Code.
9    (iii) Passed a content area test, as required 
10 under Section 21B-30 of this Code.
11  The alternative provisional educator endorsement is 
12 valid for 2 years of teaching and may be renewed for a 
13 third year by an individual meeting the requirements set 
14 forth in Section 21B-50 of this Code. 
15   (C) Alternative provisional superintendent. An 
16 alternative provisional superintendent endorsement on 
17 an Educator License with Stipulations entitles the 
18 holder to serve only as a superintendent or assistant 
19 superintendent in a school district's central office. 
20 This endorsement may only be issued to an applicant 
21 who, at the time of applying for the endorsement, has 
22 done all of the following:
23    (i) Graduated from a regionally accredited 
24 college or university with a minimum of a master's 
25 degree in a management field other than education.
26    (ii) Been employed for a period of at least 5 
 
 
10300HB3641sam003- 72 -LRB103 30390 AWJ 65350 a


1 years in a management level position in a field 
2 other than education.
3    (iii) Successfully completed the first phase 
4 of an alternative route to superintendent 
5 endorsement program, as provided in Section 21B-55 
6 of this Code.
7    (iv) Passed a content area test required under 
8 Section 21B-30 of this Code.
9   The endorsement is valid for 2 fiscal years in 
10 order to complete one full year of serving as a 
11 superintendent or assistant superintendent.
12   (D) (Blank).
13   (E) Career and technical educator. A career and 
14 technical educator endorsement on an Educator License 
15 with Stipulations may be issued to an applicant who 
16 has a minimum of 60 semester hours of coursework from a 
17 regionally accredited institution of higher education 
18 or an accredited trade and technical institution and 
19 has a minimum of 2,000 hours of experience outside of 
20 education in each area to be taught.
21   The career and technical educator endorsement on 
22 an Educator License with Stipulations is valid until 
23 June 30 immediately following 5 years of the 
24 endorsement being issued and may be renewed.
25   An individual who holds a valid career and 
26 technical educator endorsement on an Educator License 
 
 
10300HB3641sam003- 73 -LRB103 30390 AWJ 65350 a


1 with Stipulations but does not hold a bachelor's 
2 degree may substitute teach in career and technical 
3 education classrooms. 
4   (F) (Blank).
5   (G) Transitional bilingual educator. A 
6 transitional bilingual educator endorsement on an 
7 Educator License with Stipulations may be issued for 
8 the purpose of providing instruction in accordance 
9 with Article 14C of this Code to an applicant who 
10 provides satisfactory evidence that he or she meets 
11 all of the following requirements:
12    (i) Possesses adequate speaking, reading, and 
13 writing ability in the language other than English 
14 in which transitional bilingual education is 
15 offered.
16    (ii) Has the ability to successfully 
17 communicate in English.
18    (iii) Either possessed, within 5 years 
19 previous to his or her applying for a transitional 
20 bilingual educator endorsement, a valid and 
21 comparable teaching certificate or comparable 
22 authorization issued by a foreign country or holds 
23 a degree from an institution of higher learning in 
24 a foreign country that the State Educator 
25 Preparation and Licensure Board determines to be 
26 the equivalent of a bachelor's degree from a 
 
 
10300HB3641sam003- 74 -LRB103 30390 AWJ 65350 a


1 regionally accredited institution of higher 
2 learning in the United States.
3   A transitional bilingual educator endorsement 
4 shall be valid for prekindergarten through grade 12, 
5 is valid until June 30 immediately following 5 years 
6 of the endorsement being issued, and shall not be 
7 renewed.
8   Persons holding a transitional bilingual educator 
9 endorsement shall not be employed to replace any 
10 presently employed teacher who otherwise would not be 
11 replaced for any reason. 
12   (H) Language endorsement. In an effort to 
13 alleviate the shortage of teachers speaking a language 
14 other than English in the public schools, an 
15 individual who holds an Educator License with 
16 Stipulations may also apply for a language 
17 endorsement, provided that the applicant provides 
18 satisfactory evidence that he or she meets all of the 
19 following requirements:
20    (i) Holds a transitional bilingual 
21 endorsement. 
22    (ii) Has demonstrated proficiency in the 
23 language for which the endorsement is to be issued 
24 by passing the applicable language content test 
25 required by the State Board of Education.
26    (iii) Holds a bachelor's degree or higher from 
 
 
10300HB3641sam003- 75 -LRB103 30390 AWJ 65350 a


1 a regionally accredited institution of higher 
2 education or, for individuals educated in a 
3 country other than the United States, holds a 
4 degree from an institution of higher learning in a 
5 foreign country that the State Educator 
6 Preparation and Licensure Board determines to be 
7 the equivalent of a bachelor's degree from a 
8 regionally accredited institution of higher 
9 learning in the United States.
10    (iv) (Blank).
11   A language endorsement on an Educator License with 
12 Stipulations is valid for prekindergarten through 
13 grade 12 for the same validity period as the 
14 individual's transitional bilingual educator 
15 endorsement on the Educator License with Stipulations 
16 and shall not be renewed.
17   (I) Visiting international educator. A visiting 
18 international educator endorsement on an Educator 
19 License with Stipulations may be issued to an 
20 individual who is being recruited by a particular 
21 school district that conducts formal recruitment 
22 programs outside of the United States to secure the 
23 services of qualified teachers and who meets all of 
24 the following requirements:
25    (i) Holds the equivalent of a minimum of a 
26 bachelor's degree issued in the United States.
 
 
10300HB3641sam003- 76 -LRB103 30390 AWJ 65350 a


1    (ii) Has been prepared as a teacher at the 
2 grade level for which he or she will be employed.
3    (iii) Has adequate content knowledge in the 
4 subject to be taught.
5    (iv) Has an adequate command of the English 
6 language.
7   A holder of a visiting international educator 
8 endorsement on an Educator License with Stipulations 
9 shall be permitted to teach in bilingual education 
10 programs in the language that was the medium of 
11 instruction in his or her teacher preparation program, 
12 provided that he or she passes the English Language 
13 Proficiency Examination or another test of writing 
14 skills in English identified by the State Board of 
15 Education, in consultation with the State Educator 
16 Preparation and Licensure Board.
17   A visiting international educator endorsement on 
18 an Educator License with Stipulations is valid for 5 
19 years and shall not be renewed.
20   (J) Paraprofessional educator. A paraprofessional 
21 educator endorsement on an Educator License with 
22 Stipulations may be issued to an applicant who holds a 
23 high school diploma or its recognized equivalent and 
24 (i) holds an associate's degree or a minimum of 60 
25 semester hours of credit from a regionally accredited 
26 institution of higher education; (ii) has passed a 
 
 
10300HB3641sam003- 77 -LRB103 30390 AWJ 65350 a


1 paraprofessional competency test under subsection 
2 (c-5) of Section 21B-30; or (iii) is at least 18 years 
3 of age and will be using the Educator License with 
4 Stipulations exclusively for grades prekindergarten 
5 through grade 8, until the individual reaches the age 
6 of 19 years and otherwise meets the criteria for a 
7 paraprofessional educator endorsement pursuant to this 
8 subparagraph (J). The paraprofessional educator 
9 endorsement is valid until June 30 immediately 
10 following 5 years of the endorsement being issued and 
11 may be renewed through application and payment of the 
12 appropriate fee, as required under Section 21B-40 of 
13 this Code. An individual who holds only a 
14 paraprofessional educator endorsement is not subject 
15 to additional requirements in order to renew the 
16 endorsement.
17   (K) Chief school business official. A chief school 
18 business official endorsement on an Educator License 
19 with Stipulations may be issued to an applicant who 
20 qualifies by having a master's degree or higher, 2 
21 years of full-time administrative experience in school 
22 business management or 2 years of university-approved 
23 practical experience, and a minimum of 24 semester 
24 hours of graduate credit in a program approved by the 
25 State Board of Education for the preparation of school 
26 business administrators and by passage of the 
 
 
10300HB3641sam003- 78 -LRB103 30390 AWJ 65350 a


1 applicable State tests, including an applicable 
2 content area test. 
3   The chief school business official endorsement may 
4 also be affixed to the Educator License with 
5 Stipulations of any holder who qualifies by having a 
6 master's degree in business administration, finance, 
7 accounting, or public administration and who completes 
8 an additional 6 semester hours of internship in school 
9 business management from a regionally accredited 
10 institution of higher education and passes the 
11 applicable State tests, including an applicable 
12 content area test. This endorsement shall be required 
13 for any individual employed as a chief school business 
14 official. 
15   The chief school business official endorsement on 
16 an Educator License with Stipulations is valid until 
17 June 30 immediately following 5 years of the 
18 endorsement being issued and may be renewed if the 
19 license holder completes renewal requirements as 
20 required for individuals who hold a Professional 
21 Educator License endorsed for chief school business 
22 official under Section 21B-45 of this Code and such 
23 rules as may be adopted by the State Board of 
24 Education. 
25   The State Board of Education shall adopt any rules 
26 necessary to implement Public Act 100-288.
 
 
10300HB3641sam003- 79 -LRB103 30390 AWJ 65350 a


1   (L) Provisional in-state educator. A provisional 
2 in-state educator endorsement on an Educator License 
3 with Stipulations may be issued to a candidate who has 
4 completed an Illinois-approved educator preparation 
5 program at an Illinois institution of higher education 
6 and who has not successfully completed an 
7 evidence-based assessment of teacher effectiveness but 
8 who meets all of the following requirements: 
9    (i) Holds at least a bachelor's degree.
10    (ii) Has completed an approved educator 
11 preparation program at an Illinois institution.
12    (iii) Has passed an applicable content area 
13 test, as required by Section 21B-30 of this Code.
14    (iv) Has attempted an evidence-based 
15 assessment of teacher effectiveness and received a 
16 minimum score on that assessment, as established 
17 by the State Board of Education in consultation 
18 with the State Educator Preparation and Licensure 
19 Board.
20   A provisional in-state educator endorsement on an 
21 Educator License with Stipulations is valid for one 
22 full fiscal year after the date of issuance and may not 
23 be renewed.
24   (M) (Blank).
25   (N) Specialized services. A specialized services 
26 endorsement on an Educator License with Stipulations 
 
 
10300HB3641sam003- 80 -LRB103 30390 AWJ 65350 a


1 may be issued as defined and specified by rule. 
2   (O) Provisional career and technical educator. A 
3 provisional career and technical educator endorsement 
4 on an Educator License with Stipulations may be issued 
5 to an applicant who has a minimum of 8,000 hours of 
6 work experience in the skill for which the applicant 
7 is seeking the endorsement. Each employing school 
8 board and regional office of education shall provide 
9 verification, in writing, to the State Superintendent 
10 of Education at the time the application is submitted 
11 that no qualified teacher holding a Professional 
12 Educator License or an Educator License with 
13 Stipulations with a career and technical educator 
14 endorsement is available to teach and that actual 
15 circumstances require such issuance.
16   A provisional career and technical educator 
17 endorsement on an Educator License with Stipulations 
18 is valid until June 30 immediately following 5 years 
19 of the endorsement being issued and may be renewed.
20   An individual who holds a provisional career and 
21 technical educator endorsement on an Educator License 
22 with Stipulations may teach as a substitute teacher in 
23 career and technical education classrooms. 
24  (3) Substitute Teaching License. A Substitute Teaching 
25 License may be issued to qualified applicants for 
26 substitute teaching in all grades of the public schools, 
 
 
10300HB3641sam003- 81 -LRB103 30390 AWJ 65350 a


1 prekindergarten through grade 12. Substitute Teaching 
2 Licenses are not eligible for endorsements. Applicants for 
3 a Substitute Teaching License must hold a bachelor's 
4 degree or higher from a regionally accredited institution 
5 of higher education or must be enrolled in an approved 
6 educator preparation program in this State and have earned 
7 at least 90 credit hours.
8  Substitute Teaching Licenses are valid for 5 years.
9  Substitute Teaching Licenses are valid for substitute 
10 teaching in every county of this State. If an individual 
11 has had his or her Professional Educator License or 
12 Educator License with Stipulations suspended or revoked, 
13 then that individual is not eligible to obtain a 
14 Substitute Teaching License.
15  A substitute teacher may only teach in the place of a 
16 licensed teacher who is under contract with the employing 
17 board. If, however, there is no licensed teacher under 
18 contract because of an emergency situation, then a 
19 district may employ a substitute teacher for no longer 
20 than 30 calendar days per each vacant position in the 
21 district if the district notifies the appropriate regional 
22 office of education within 5 business days after the 
23 employment of the substitute teacher in the emergency 
24 situation. An emergency situation is one in which an 
25 unforeseen vacancy has occurred and (i) a teacher is 
26 unable to fulfill his or her contractual duties or (ii) 
 
 
10300HB3641sam003- 82 -LRB103 30390 AWJ 65350 a


1 teacher capacity needs of the district exceed previous 
2 indications, and the district is actively engaged in 
3 advertising to hire a fully licensed teacher for the 
4 vacant position.
5  There is no limit on the number of days that a 
6 substitute teacher may teach in a single school district, 
7 provided that no substitute teacher may teach for longer 
8 than 120 days beginning with the 2021-2022 school year 
9 through the 2022-2023 school year, otherwise 90 school 
10 days for any one licensed teacher under contract in the 
11 same school year. A substitute teacher who holds a 
12 Professional Educator License or Educator License with 
13 Stipulations shall not teach for more than 120 school days 
14 for any one licensed teacher under contract in the same 
15 school year. The limitations in this paragraph (3) on the 
16 number of days a substitute teacher may be employed do not 
17 apply to any school district operating under Article 34 of 
18 this Code.
19  A school district may not require an individual who 
20 holds a valid Professional Educator License or Educator 
21 License with Stipulations to seek or hold a Substitute 
22 Teaching License to teach as a substitute teacher. 
23  (4) Short-Term Substitute Teaching License. Beginning 
24 on July 1, 2018 and until June 30, 2028, applicants may 
25 apply to the State Board of Education for issuance of a 
26 Short-Term Substitute Teaching License. A Short-Term 
 
 
10300HB3641sam003- 83 -LRB103 30390 AWJ 65350 a


1 Substitute Teaching License may be issued to a qualified 
2 applicant for substitute teaching in all grades of the 
3 public schools, prekindergarten through grade 12. 
4 Short-Term Substitute Teaching Licenses are not eligible 
5 for endorsements. Applicants for a Short-Term Substitute 
6 Teaching License must hold an associate's degree or have 
7 completed at least 60 credit hours from a regionally 
8 accredited institution of higher education.
9  Short-Term Substitute Teaching Licenses are valid for 
10 substitute teaching in every county of this State. If an 
11 individual has had his or her Professional Educator 
12 License or Educator License with Stipulations suspended or 
13 revoked, then that individual is not eligible to obtain a 
14 Short-Term Substitute Teaching License.
15  The provisions of Sections 10-21.9 and 34-18.5 of this 
16 Code apply to short-term substitute teachers. 
17  An individual holding a Short-Term Substitute Teaching 
18 License may teach no more than 15 consecutive days per 
19 licensed teacher who is under contract. For teacher 
20 absences lasting 6 or more days per licensed teacher who 
21 is under contract, a school district may not hire an 
22 individual holding a Short-Term Substitute Teaching 
23 License, unless the Governor has declared a disaster due 
24 to a public health emergency pursuant to Section 7 of the 
25 Illinois Emergency Management Agency Act. An individual 
26 holding a Short-Term Substitute Teaching License must 
 
 
10300HB3641sam003- 84 -LRB103 30390 AWJ 65350 a


1 complete the training program under Section 10-20.67 or 
2 34-18.60 of this Code to be eligible to teach at a public 
3 school. Short-Term Substitute Teaching Licenses Short-term 
4 substitute teaching licenses under this Section are valid 
5 for 5 years. 
6(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 
7102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 
85-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised 
99-7-23.)

10 (Text of Section after amendment by P.A. 103-193)
11 Sec. 21B-20. Types of licenses. The State Board of 
12Education shall implement a system of educator licensure, 
13whereby individuals employed in school districts who are 
14required to be licensed must have one of the following 
15licenses: (i) a professional educator license; (ii) an 
16educator license with stipulations; (iii) a substitute 
17teaching license; or (iv) until June 30, 2028, a short-term 
18substitute teaching license. References in law regarding 
19individuals certified or certificated or required to be 
20certified or certificated under Article 21 of this Code shall 
21also include individuals licensed or required to be licensed 
22under this Article. The first year of all licenses ends on June 
2330 following one full year of the license being issued.
24 The State Board of Education, in consultation with the 
25State Educator Preparation and Licensure Board, may adopt such 
 
 
10300HB3641sam003- 85 -LRB103 30390 AWJ 65350 a


1rules as may be necessary to govern the requirements for 
2licenses and endorsements under this Section. 
3  (1) Professional Educator License. Persons who (i) 
4 have successfully completed an approved educator 
5 preparation program and are recommended for licensure by 
6 the Illinois institution offering the educator preparation 
7 program, (ii) have successfully completed the required 
8 testing under Section 21B-30 of this Code, (iii) have 
9 successfully completed coursework on the psychology of, 
10 the identification of, and the methods of instruction for 
11 the exceptional child, including, without limitation, 
12 children with learning disabilities, (iv) have 
13 successfully completed coursework in methods of reading 
14 and reading in the content area, and (v) have met all other 
15 criteria established by rule of the State Board of 
16 Education shall be issued a Professional Educator License. 
17 All Professional Educator Licenses are valid until June 30 
18 immediately following 5 years of the license being issued. 
19 The Professional Educator License shall be endorsed with 
20 specific areas and grade levels in which the individual is 
21 eligible to practice. For an early childhood education 
22 endorsement, an individual may satisfy the student 
23 teaching requirement of his or her early childhood teacher 
24 preparation program through placement in a setting with 
25 children from birth through grade 2, and the individual 
26 may be paid and receive credit while student teaching. The 
 
 
10300HB3641sam003- 86 -LRB103 30390 AWJ 65350 a


1 student teaching experience must meet the requirements of 
2 and be approved by the individual's early childhood 
3 teacher preparation program.
4  Individuals can receive subsequent endorsements on the 
5 Professional Educator License. Subsequent endorsements 
6 shall require a minimum of 24 semester hours of coursework 
7 in the endorsement area and passage of the applicable 
8 content area test, unless otherwise specified by rule.
9  (2) Educator License with Stipulations. An Educator 
10 License with Stipulations shall be issued an endorsement 
11 that limits the license holder to one particular position 
12 or does not require completion of an approved educator 
13 program or both.
14  An individual with an Educator License with 
15 Stipulations must not be employed by a school district or 
16 any other entity to replace any presently employed teacher 
17 who otherwise would not be replaced for any reason.
18  An Educator License with Stipulations may be issued 
19 with the following endorsements:
20   (A) (Blank). 
21   (B) Alternative provisional educator. An 
22 alternative provisional educator endorsement on an 
23 Educator License with Stipulations may be issued to an 
24 applicant who, at the time of applying for the 
25 endorsement, has done all of the following:
26    (i) Graduated from a regionally accredited 
 
 
10300HB3641sam003- 87 -LRB103 30390 AWJ 65350 a


1 college or university with a minimum of a 
2 bachelor's degree.
3    (ii) Successfully completed the first phase of 
4 the Alternative Educator Licensure Program for 
5 Teachers, as described in Section 21B-50 of this 
6 Code.
7    (iii) Passed a content area test, as required 
8 under Section 21B-30 of this Code.
9  The alternative provisional educator endorsement is 
10 valid for 2 years of teaching and may be renewed for a 
11 third year by an individual meeting the requirements set 
12 forth in Section 21B-50 of this Code. 
13   (C) Alternative provisional superintendent. An 
14 alternative provisional superintendent endorsement on 
15 an Educator License with Stipulations entitles the 
16 holder to serve only as a superintendent or assistant 
17 superintendent in a school district's central office. 
18 This endorsement may only be issued to an applicant 
19 who, at the time of applying for the endorsement, has 
20 done all of the following:
21    (i) Graduated from a regionally accredited 
22 college or university with a minimum of a master's 
23 degree in a management field other than education.
24    (ii) Been employed for a period of at least 5 
25 years in a management level position in a field 
26 other than education.
 
 
10300HB3641sam003- 88 -LRB103 30390 AWJ 65350 a


1    (iii) Successfully completed the first phase 
2 of an alternative route to superintendent 
3 endorsement program, as provided in Section 21B-55 
4 of this Code.
5    (iv) Passed a content area test required under 
6 Section 21B-30 of this Code.
7   The endorsement is valid for 2 fiscal years in 
8 order to complete one full year of serving as a 
9 superintendent or assistant superintendent.
10   (D) (Blank).
11   (E) Career and technical educator. A career and 
12 technical educator endorsement on an Educator License 
13 with Stipulations may be issued to an applicant who 
14 has a minimum of 60 semester hours of coursework from a 
15 regionally accredited institution of higher education 
16 or an accredited trade and technical institution and 
17 has a minimum of 2,000 hours of experience outside of 
18 education in each area to be taught.
19   The career and technical educator endorsement on 
20 an Educator License with Stipulations is valid until 
21 June 30 immediately following 5 years of the 
22 endorsement being issued and may be renewed.
23   An individual who holds a valid career and 
24 technical educator endorsement on an Educator License 
25 with Stipulations but does not hold a bachelor's 
26 degree may substitute teach in career and technical 
 
 
10300HB3641sam003- 89 -LRB103 30390 AWJ 65350 a


1 education classrooms. 
2   (F) (Blank).
3   (G) Transitional bilingual educator. A 
4 transitional bilingual educator endorsement on an 
5 Educator License with Stipulations may be issued for 
6 the purpose of providing instruction in accordance 
7 with Article 14C of this Code to an applicant who 
8 provides satisfactory evidence that he or she meets 
9 all of the following requirements:
10    (i) Possesses adequate speaking, reading, and 
11 writing ability in the language other than English 
12 in which transitional bilingual education is 
13 offered.
14    (ii) Has the ability to successfully 
15 communicate in English.
16    (iii) Either possessed, within 5 years 
17 previous to his or her applying for a transitional 
18 bilingual educator endorsement, a valid and 
19 comparable teaching certificate or comparable 
20 authorization issued by a foreign country or holds 
21 a degree from an institution of higher learning in 
22 a foreign country that the State Educator 
23 Preparation and Licensure Board determines to be 
24 the equivalent of a bachelor's degree from a 
25 regionally accredited institution of higher 
26 learning in the United States.
 
 
10300HB3641sam003- 90 -LRB103 30390 AWJ 65350 a


1   A transitional bilingual educator endorsement 
2 shall be valid for prekindergarten through grade 12, 
3 is valid until June 30 immediately following 5 years 
4 of the endorsement being issued, and shall not be 
5 renewed.
6   Persons holding a transitional bilingual educator 
7 endorsement shall not be employed to replace any 
8 presently employed teacher who otherwise would not be 
9 replaced for any reason. 
10   (H) Language endorsement. In an effort to 
11 alleviate the shortage of teachers speaking a language 
12 other than English in the public schools, an 
13 individual who holds an Educator License with 
14 Stipulations may also apply for a language 
15 endorsement, provided that the applicant provides 
16 satisfactory evidence that he or she meets all of the 
17 following requirements:
18    (i) Holds a transitional bilingual 
19 endorsement. 
20    (ii) Has demonstrated proficiency in the 
21 language for which the endorsement is to be issued 
22 by passing the applicable language content test 
23 required by the State Board of Education.
24    (iii) Holds a bachelor's degree or higher from 
25 a regionally accredited institution of higher 
26 education or, for individuals educated in a 
 
 
10300HB3641sam003- 91 -LRB103 30390 AWJ 65350 a


1 country other than the United States, holds a 
2 degree from an institution of higher learning in a 
3 foreign country that the State Educator 
4 Preparation and Licensure Board determines to be 
5 the equivalent of a bachelor's degree from a 
6 regionally accredited institution of higher 
7 learning in the United States.
8    (iv) (Blank).
9   A language endorsement on an Educator License with 
10 Stipulations is valid for prekindergarten through 
11 grade 12 for the same validity period as the 
12 individual's transitional bilingual educator 
13 endorsement on the Educator License with Stipulations 
14 and shall not be renewed.
15   (I) Visiting international educator. A visiting 
16 international educator endorsement on an Educator 
17 License with Stipulations may be issued to an 
18 individual who is being recruited by a particular 
19 school district that conducts formal recruitment 
20 programs outside of the United States to secure the 
21 services of qualified teachers and who meets all of 
22 the following requirements:
23    (i) Holds the equivalent of a minimum of a 
24 bachelor's degree issued in the United States.
25    (ii) Has been prepared as a teacher at the 
26 grade level for which he or she will be employed.
 
 
10300HB3641sam003- 92 -LRB103 30390 AWJ 65350 a


1    (iii) Has adequate content knowledge in the 
2 subject to be taught.
3    (iv) Has an adequate command of the English 
4 language.
5   A holder of a visiting international educator 
6 endorsement on an Educator License with Stipulations 
7 shall be permitted to teach in bilingual education 
8 programs in the language that was the medium of 
9 instruction in his or her teacher preparation program, 
10 provided that he or she passes the English Language 
11 Proficiency Examination or another test of writing 
12 skills in English identified by the State Board of 
13 Education, in consultation with the State Educator 
14 Preparation and Licensure Board.
15   A visiting international educator endorsement on 
16 an Educator License with Stipulations is valid for 5 
17 years and shall not be renewed.
18   (J) Paraprofessional educator. A paraprofessional 
19 educator endorsement on an Educator License with 
20 Stipulations may be issued to an applicant who holds a 
21 high school diploma or its recognized equivalent and 
22 (i) holds an associate's degree or a minimum of 60 
23 semester hours of credit from a regionally accredited 
24 institution of higher education; (ii) has passed a 
25 paraprofessional competency test under subsection 
26 (c-5) of Section 21B-30; or (iii) is at least 18 years 
 
 
10300HB3641sam003- 93 -LRB103 30390 AWJ 65350 a


1 of age and will be using the Educator License with 
2 Stipulations exclusively for grades prekindergarten 
3 through grade 8, until the individual reaches the age 
4 of 19 years and otherwise meets the criteria for a 
5 paraprofessional educator endorsement pursuant to this 
6 subparagraph (J). The paraprofessional educator 
7 endorsement is valid until June 30 immediately 
8 following 5 years of the endorsement being issued and 
9 may be renewed through application and payment of the 
10 appropriate fee, as required under Section 21B-40 of 
11 this Code. An individual who holds only a 
12 paraprofessional educator endorsement is not subject 
13 to additional requirements in order to renew the 
14 endorsement.
15   (K) Chief school business official. A chief school 
16 business official endorsement on an Educator License 
17 with Stipulations may be issued to an applicant who 
18 qualifies by having a master's degree or higher, 2 
19 years of full-time administrative experience in school 
20 business management or 2 years of university-approved 
21 practical experience, and a minimum of 24 semester 
22 hours of graduate credit in a program approved by the 
23 State Board of Education for the preparation of school 
24 business administrators and by passage of the 
25 applicable State tests, including an applicable 
26 content area test. 
 
 
10300HB3641sam003- 94 -LRB103 30390 AWJ 65350 a


1   The chief school business official endorsement may 
2 also be affixed to the Educator License with 
3 Stipulations of any holder who qualifies by having a 
4 master's degree in business administration, finance, 
5 accounting, or public administration and who completes 
6 an additional 6 semester hours of internship in school 
7 business management from a regionally accredited 
8 institution of higher education and passes the 
9 applicable State tests, including an applicable 
10 content area test. This endorsement shall be required 
11 for any individual employed as a chief school business 
12 official. 
13   The chief school business official endorsement on 
14 an Educator License with Stipulations is valid until 
15 June 30 immediately following 5 years of the 
16 endorsement being issued and may be renewed if the 
17 license holder completes renewal requirements as 
18 required for individuals who hold a Professional 
19 Educator License endorsed for chief school business 
20 official under Section 21B-45 of this Code and such 
21 rules as may be adopted by the State Board of 
22 Education. 
23   The State Board of Education shall adopt any rules 
24 necessary to implement Public Act 100-288.
25   (L) Provisional in-state educator. A provisional 
26 in-state educator endorsement on an Educator License 
 
 
10300HB3641sam003- 95 -LRB103 30390 AWJ 65350 a


1 with Stipulations may be issued to a candidate who has 
2 completed an Illinois-approved educator preparation 
3 program at an Illinois institution of higher education 
4 and who has not successfully completed an 
5 evidence-based assessment of teacher effectiveness but 
6 who meets all of the following requirements: 
7    (i) Holds at least a bachelor's degree.
8    (ii) Has completed an approved educator 
9 preparation program at an Illinois institution.
10    (iii) Has passed an applicable content area 
11 test, as required by Section 21B-30 of this Code.
12    (iv) Has attempted an evidence-based 
13 assessment of teacher effectiveness and received a 
14 minimum score on that assessment, as established 
15 by the State Board of Education in consultation 
16 with the State Educator Preparation and Licensure 
17 Board.
18   A provisional in-state educator endorsement on an 
19 Educator License with Stipulations is valid for one 
20 full fiscal year after the date of issuance and may not 
21 be renewed.
22   (M) (Blank).
23   (N) Specialized services. A specialized services 
24 endorsement on an Educator License with Stipulations 
25 may be issued as defined and specified by rule. 
26   (O) Provisional career and technical educator. A 
 
 
10300HB3641sam003- 96 -LRB103 30390 AWJ 65350 a


1 provisional career and technical educator endorsement 
2 on an Educator License with Stipulations may be issued 
3 to an applicant who has a minimum of 8,000 hours of 
4 work experience in the skill for which the applicant 
5 is seeking the endorsement. Each employing school 
6 board and regional office of education shall provide 
7 verification, in writing, to the State Superintendent 
8 of Education at the time the application is submitted 
9 that no qualified teacher holding a Professional 
10 Educator License or an Educator License with 
11 Stipulations with a career and technical educator 
12 endorsement is available to teach and that actual 
13 circumstances require such issuance.
14   A provisional career and technical educator 
15 endorsement on an Educator License with Stipulations 
16 is valid until June 30 immediately following 5 years 
17 of the endorsement being issued and may be renewed.
18   An individual who holds a provisional career and 
19 technical educator endorsement on an Educator License 
20 with Stipulations may teach as a substitute teacher in 
21 career and technical education classrooms. 
22  (3) Substitute Teaching License. A Substitute Teaching 
23 License may be issued to qualified applicants for 
24 substitute teaching in all grades of the public schools, 
25 prekindergarten through grade 12. Substitute Teaching 
26 Licenses are not eligible for endorsements. Applicants for 
 
 
10300HB3641sam003- 97 -LRB103 30390 AWJ 65350 a


1 a Substitute Teaching License must hold a bachelor's 
2 degree or higher from a regionally accredited institution 
3 of higher education or must be enrolled in an approved 
4 educator preparation program in this State and have earned 
5 at least 90 credit hours.
6  Substitute Teaching Licenses are valid for 5 years.
7  Substitute Teaching Licenses are valid for substitute 
8 teaching in every county of this State. If an individual 
9 has had his or her Professional Educator License or 
10 Educator License with Stipulations suspended or revoked, 
11 then that individual is not eligible to obtain a 
12 Substitute Teaching License.
13  A substitute teacher may only teach in the place of a 
14 licensed teacher who is under contract with the employing 
15 board. If, however, there is no licensed teacher under 
16 contract because of an emergency situation, then a 
17 district may employ a substitute teacher for no longer 
18 than 30 calendar days per each vacant position in the 
19 district if the district notifies the appropriate regional 
20 office of education within 5 business days after the 
21 employment of the substitute teacher in that vacant 
22 position. A district may continue to employ that same 
23 substitute teacher in that same vacant position for 90 
24 calendar days or until the end of the semester, whichever 
25 is greater, if, prior to the expiration of the 
26 30-calendar-day period then current, the district files a 
 
 
10300HB3641sam003- 98 -LRB103 30390 AWJ 65350 a


1 written request with the appropriate regional office of 
2 education for a 30-calendar-day extension on the basis 
3 that the position remains vacant and the district 
4 continues to actively seek qualified candidates and 
5 provides documentation that it has provided training 
6 specific to the position, including training on meeting 
7 the needs of students with disabilities and English 
8 learners if applicable. Each extension request shall be 
9 granted in writing by the regional office of education. An 
10 emergency situation is one in which an unforeseen vacancy 
11 has occurred and (i) a teacher is unexpectedly unable to 
12 fulfill his or her contractual duties or (ii) teacher 
13 capacity needs of the district exceed previous indications 
14 or vacancies are unfilled due to a lack of qualified 
15 candidates, and the district is actively engaged in 
16 advertising to hire a fully licensed teacher for the 
17 vacant position.
18  There is no limit on the number of days that a 
19 substitute teacher may teach in a single school district, 
20 provided that no substitute teacher may teach for longer 
21 than 120 days beginning with the 2021-2022 school year 
22 through the 2022-2023 school year, otherwise 90 school 
23 days for any one licensed teacher under contract in the 
24 same school year. A substitute teacher who holds a 
25 Professional Educator License or Educator License with 
26 Stipulations shall not teach for more than 120 school days 
 
 
10300HB3641sam003- 99 -LRB103 30390 AWJ 65350 a


1 for any one licensed teacher under contract in the same 
2 school year. The limitations in this paragraph (3) on the 
3 number of days a substitute teacher may be employed do not 
4 apply to any school district operating under Article 34 of 
5 this Code.
6  A school district may not require an individual who 
7 holds a valid Professional Educator License or Educator 
8 License with Stipulations to seek or hold a Substitute 
9 Teaching License to teach as a substitute teacher. 
10  (4) Short-Term Substitute Teaching License. Beginning 
11 on July 1, 2018 and until June 30, 2028, applicants may 
12 apply to the State Board of Education for issuance of a 
13 Short-Term Substitute Teaching License. A Short-Term 
14 Substitute Teaching License may be issued to a qualified 
15 applicant for substitute teaching in all grades of the 
16 public schools, prekindergarten through grade 12. 
17 Short-Term Substitute Teaching Licenses are not eligible 
18 for endorsements. Applicants for a Short-Term Substitute 
19 Teaching License must hold an associate's degree or have 
20 completed at least 60 credit hours from a regionally 
21 accredited institution of higher education.
22  Short-Term Substitute Teaching Licenses are valid for 
23 substitute teaching in every county of this State. If an 
24 individual has had his or her Professional Educator 
25 License or Educator License with Stipulations suspended or 
26 revoked, then that individual is not eligible to obtain a 
 
 
10300HB3641sam003- 100 -LRB103 30390 AWJ 65350 a


1 Short-Term Substitute Teaching License.
2  The provisions of Sections 10-21.9 and 34-18.5 of this 
3 Code apply to short-term substitute teachers. 
4  An individual holding a Short-Term Substitute Teaching 
5 License may teach no more than 15 consecutive days per 
6 licensed teacher who is under contract. For teacher 
7 absences lasting 6 or more days per licensed teacher who 
8 is under contract, a school district may not hire an 
9 individual holding a Short-Term Substitute Teaching 
10 License, unless the Governor has declared a disaster due 
11 to a public health emergency pursuant to Section 7 of the 
12 Illinois Emergency Management Agency Act. An individual 
13 holding a Short-Term Substitute Teaching License must 
14 complete the training program under Section 10-20.67 or 
15 34-18.60 of this Code to be eligible to teach at a public 
16 school. Short-Term Substitute Teaching Licenses Short-term 
17 substitute teaching licenses under this Section are valid 
18 for 5 years. 
19(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 
20102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 
215-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; 
22103-193, eff. 1-1-24; revised 9-7-23.)

23 (105 ILCS 5/22-96)
24 (This Section may contain text from a Public Act with a 
25delayed effective date)
 
 
10300HB3641sam003- 101 -LRB103 30390 AWJ 65350 a


1 Sec. 22-96 22-95. Hiring or assigning priority.
2 (a) When hiring or assigning physical education, music, 
3and visual arts educators, a school district must prioritize 
4the hiring or assigning of educators who hold an educator 
5license and endorsement in the those content area to be taught 
6areas.
7 (b) A licensed professional educator assigned to physical 
8education, music, or visual arts who does not hold an 
9endorsement in the content area to be taught licensure 
10applicant must acquire short-term approval under Part 25 of 
11Title 23 of the Illinois Administrative Code by the State 
12Board of Education pass the licensure content area test for 
13the content area he or she is assigned to teach or complete at 
14least 9 semester hours of coursework in the content area to be 
15taught prior to his or her assignment or employment start 
16date. If no short-term approval is available in the content 
17area to be taught, the licensed educator shall meet equivalent 
18criteria specified by the State Board of Education. In order 
19to retain his or her employment for subsequent school years, 
20the educator employee must acquire the full endorsement in the 
21content area to be taught prior to the end of the validity 
22period of the short-term approval complete the remaining hours 
23of coursework in the content area in which he or she is 
24teaching and apply for a license endorsement within 3 calendar 
25years after his or her employment start date.
26 (c) In the case of a reduction in force, a school district 
 
 
10300HB3641sam003- 102 -LRB103 30390 AWJ 65350 a


1may follow its employee contract language for filling 
2positions.
3 (d) Instead of holding the credentials specified in 
4subsection (a) or (b) of this Section, an educator assigned to 
5a position under this Section may meet any requirements set 
6forth under Title 23 of the Illinois Administrative Code as 
7applicable to the content area to be taught, except that 
8subsection (b) of Section 1.710 of Title 23 of the Illinois 
9Administrative Code does not apply to an educator assigned to 
10a position under this subsection (d). 
11(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)

12 (105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
13 Sec. 27-20.3. Holocaust and Genocide Study. 
14 (a) Every public elementary school and high school shall 
15include in its curriculum a unit of instruction studying the 
16events of the Nazi atrocities of 1933 to 1945. This period in 
17world history is known as the Holocaust, during which 
186,000,000 Jews and millions of non-Jews were exterminated. One 
19of the universal lessons of the Holocaust is that national, 
20ethnic, racial, or religious hatred can overtake any nation or 
21society, leading to calamitous consequences. To reinforce that 
22lesson, such curriculum shall include an additional unit of 
23instruction studying other acts of genocide across the globe. 
24This unit shall include, but not be limited to, the Native 
25American genocide in North America, the Armenian Genocide, the 
 
 
10300HB3641sam003- 103 -LRB103 30390 AWJ 65350 a


1Famine-Genocide in Ukraine, and more recent atrocities in 
2Cambodia, Bosnia, Rwanda, and Sudan. The studying of this 
3material is a reaffirmation of the commitment of free peoples 
4from all nations to never again permit the occurrence of 
5another Holocaust and a recognition that crimes of genocide 
6continue to be perpetrated across the globe as they have been 
7in the past and to deter indifference to crimes against 
8humanity and human suffering wherever they may occur.
9 (b) The State Superintendent of Education may prepare and 
10make available to all school boards instructional materials 
11which may be used as guidelines for development of a unit of 
12instruction under this Section; provided, however, that each 
13school board shall itself determine the minimum amount of 
14instruction time which shall qualify as a unit of instruction 
15satisfying the requirements of this Section.
16 Instructional materials that include the addition of 
17content related to the Native American genocide in North 
18America shall be prepared and made available to all school 
19boards on the State Board of Education's Internet website no 
20later than July 1, 2024 January 1, 2025. Notwithstanding 
21subsection (a) of this Section, a school is not required to 
22teach the additional content related to the Native American 
23genocide in North America until instructional materials are 
24made available on the State Board's Internet website. 
25 Instructional materials related to the Native American 
26genocide in North America shall be developed in consultation 
 
 
10300HB3641sam003- 104 -LRB103 30390 AWJ 65350 a


1with members of the Chicago American Indian Community 
2Collaborative who are members of a federally recognized tribe, 
3are documented descendants of Indigenous communities, or are 
4other persons recognized as contributing community members by 
5the Chicago American Indian Community Collaborative and who 
6currently reside in this State or their designees. 
7(Source: P.A. 103-422, eff. 8-4-23.)

8 (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
9 Sec. 27-21. History of United States. 
10 (a) History of the United States shall be taught in all 
11public schools and in all other educational institutions in 
12this State supported or maintained, in whole or in part, by 
13public funds. 
14 The teaching of history shall have as one of its 
15objectives the imparting to pupils of a comprehensive idea of 
16our democratic form of government and the principles for which 
17our government stands as regards other nations, including the 
18studying of the place of our government in world-wide 
19movements and the leaders thereof, with particular stress upon 
20the basic principles and ideals of our representative form of 
21government. 
22 The teaching of history shall include a study of the role 
23and contributions of African Americans and other ethnic 
24groups, including, but not restricted to, Native Americans, 
25Polish, Lithuanian, German, Hungarian, Irish, Bohemian, 
 
 
10300HB3641sam003- 105 -LRB103 30390 AWJ 65350 a


1Russian, Albanian, Italian, Czech, Slovak, French, Scots, 
2Hispanics, Asian Americans, etc., in the history of this 
3country and this State. To reinforce the study of the role and 
4contributions of Hispanics, such curriculum shall include the 
5study of the events related to the forceful removal and 
6illegal deportation of Mexican-American U.S. citizens during 
7the Great Depression.
8 The teaching of history shall also include teaching about 
9Native American nations' sovereignty and self-determination, 
10both historically and in the present day, with a focus on urban 
11Native Americans.
12 In public schools only, the teaching of history shall 
13include a study of the roles and contributions of lesbian, 
14gay, bisexual, and transgender people in the history of this 
15country and this State. 
16 The teaching of history also shall include a study of the 
17role of labor unions and their interaction with government in 
18achieving the goals of a mixed free enterprise system. 
19 Beginning with the 2020-2021 school year, the teaching of 
20history must also include instruction on the history of 
21Illinois. 
22 The teaching of history shall include the contributions 
23made to society by Americans of different faith practices, 
24including, but not limited to, Native Americans, Muslim 
25Americans, Jewish Americans, Christian Americans, Hindu 
26Americans, Sikh Americans, Buddhist Americans, and any other 
 
 
10300HB3641sam003- 106 -LRB103 30390 AWJ 65350 a


1collective community of faith that has shaped America. 
2 (b) No pupils shall be graduated from the eighth grade of 
3any public school unless the pupils have received instruction 
4in the history of the United States as provided in this Section 
5and give evidence of having a comprehensive knowledge thereof, 
6which may be administered remotely. 
7 (c) The State Superintendent of Education may prepare and 
8make available to all school boards instructional materials 
9that may be used as guidelines for the development of 
10instruction under this Section; however, each school board 
11shall itself determine the minimum amount of instructional 
12time required for satisfying the requirements of this Section. 
13Instructional materials that include the addition of content 
14related to Native Americans shall be prepared by the State 
15Superintendent of Education and made available to all school 
16boards on the State Board of Education's Internet website no 
17later than July 1, 2024 January 1, 2025. These instructional 
18materials may be used by school boards as guidelines for the 
19development of instruction under this Section; however, each 
20school board shall itself determine the minimum amount of 
21instructional time for satisfying the requirements of this 
22Section. Notwithstanding subsections (a) and (b) of this 
23Section, a school or other educational institution is not 
24required to teach and a pupil is not required to learn the 
25additional content related to Native Americans until 
26instructional materials are made available on the State 
 
 
10300HB3641sam003- 107 -LRB103 30390 AWJ 65350 a


1Board's Internet website.   
2 Instructional materials related to Native Americans shall 
3be developed in consultation with members of the Chicago 
4American Indian Community Collaborative who are members of a 
5federally recognized tribe, are documented descendants of 
6Indigenous communities, or are other persons recognized as 
7contributing community members by the Chicago American Indian 
8Community Collaborative and who currently reside in this 
9State. 
10(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)

11 Section 45. The Child Care Act of 1969 is amended by 
12changing Sections 2.06 and 2.17 and by adding Section 2.35 as 
13follows:

14 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
15 Sec. 2.06. "Child care institution" means a child care 
16facility where more than 7 children are received and 
17maintained for the purpose of providing them with care or 
18training or both. The term "child care institution" includes 
19residential schools, primarily serving ambulatory children 
20with disabilities, and those operating a full calendar year, 
21but does not include:
22  (a) any State-operated institution for child care 
23 established by legislative action;
24  (b) any juvenile detention or shelter care home 
 
 
10300HB3641sam003- 108 -LRB103 30390 AWJ 65350 a


1 established and operated by any county or child protection 
2 district established under the "Child Protection Act";
3  (c) any institution, home, place or facility operating 
4 under a license pursuant to the Nursing Home Care Act, the 
5 Specialized Mental Health Rehabilitation Act of 2013, the 
6 ID/DD Community Care Act, or the MC/DD Act;
7  (d) any bona fide boarding school in which children 
8 are primarily taught branches of education corresponding 
9 to those taught in public schools, grades one through 12, 
10 or taught in public elementary schools, high schools, or 
11 both elementary and high schools, and which operates on a 
12 regular academic school year basis; or
13  (e) any facility licensed as a "group home" as defined 
14 in this Act; or .
15  (f) any qualified residential treatment program.
16(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 
1799-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

18 (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
19 Sec. 2.17. "Foster family home" means the home of an 
20individual or family: 
21 (1) that is licensed or approved by the state in which it 
22is situated as a foster family home that meets the standards 
23established for the licensing or approval; and
24 (2) in which a child in foster care has been placed in the 
25care of an individual who resides with the child and who has 
 
 
10300HB3641sam003- 109 -LRB103 30390 AWJ 65350 a


1been licensed or approved by the state to be a foster parent 
2and:
3  (A) who the Department of Children and Family Services 
4 deems capable of adhering to the reasonable and prudent 
5 parent standard;
6  (B) who provides 24-hour substitute care for children 
7 placed away from their parents or other caretakers; and
8 (3) who provides the care for a facility for child care in 
9residences of families who receive no more than 6 children 
10unrelated to them, unless all the children are of common 
11parentage, or residences of relatives who receive no more than 
126 related children placed by the Department, unless the 
13children are of common parentage, for the purpose of providing 
14family care and training for the children on a full-time 
15basis, except the Director of Children and Family Services, 
16pursuant to Department regulations, may waive the numerical 
17limitation of foster children who may be cared for in a foster 
18family home for any of the following reasons to allow: (i) (1) 
19a parenting youth in foster care to remain with the child of 
20the parenting youth; (ii) (2) siblings to remain together; 
21(iii) (3) a child with an established meaningful relationship 
22with the family to remain with the family; or (iv) (4) a family 
23with special training or skills to provide care to a child who 
24has a severe disability. The family's or relative's own 
25children, under 18 years of age, shall be included in 
26determining the maximum number of children served. 
 
 
10300HB3641sam003- 110 -LRB103 30390 AWJ 65350 a


1 For purposes of this Section, a "relative" includes any 
2person, 21 years of age or over, other than the parent, who (i) 
3is currently related to the child in any of the following ways 
4by blood or adoption: grandparent, sibling, great-grandparent, 
5uncle, aunt, nephew, niece, first cousin, great-uncle, or 
6great-aunt; or (ii) is the spouse of such a relative; or (iii) 
7is a child's step-father, step-mother, or adult step-brother 
8or step-sister; or (iv) is a fictive kin; "relative" also 
9includes a person related in any of the foregoing ways to a 
10sibling of a child, even though the person is not related to 
11the child, when the child and its sibling are placed together 
12with that person. For purposes of placement of children 
13pursuant to Section 7 of the Children and Family Services Act 
14and for purposes of licensing requirements set forth in 
15Section 4 of this Act, for children under the custody or 
16guardianship of the Department pursuant to the Juvenile Court 
17Act of 1987, after a parent signs a consent, surrender, or 
18waiver or after a parent's rights are otherwise terminated, 
19and while the child remains in the custody or guardianship of 
20the Department, the child is considered to be related to those 
21to whom the child was related under this Section prior to the 
22signing of the consent, surrender, or waiver or the order of 
23termination of parental rights. 
24 The term "foster family home" includes homes receiving 
25children from any State-operated institution for child care; 
26or from any agency established by a municipality or other 
 
 
10300HB3641sam003- 111 -LRB103 30390 AWJ 65350 a


1political subdivision of the State of Illinois authorized to 
2provide care for children outside their own homes. The term 
3"foster family home" does not include an "adoption-only home" 
4as defined in Section 2.23 of this Act. The types of foster 
5family homes are defined as follows:
6  (a) "Boarding home" means a foster family home which 
7 receives payment for regular full-time care of a child or 
8 children.
9  (b) "Free home" means a foster family home other than 
10 an adoptive home which does not receive payments for the 
11 care of a child or children.
12  (c) "Adoptive home" means a foster family home which 
13 receives a child or children for the purpose of adopting 
14 the child or children, but does not include an 
15 adoption-only home.
16  (d) "Work-wage home" means a foster family home which 
17 receives a child or children who pay part or all of their 
18 board by rendering some services to the family not 
19 prohibited by the Child Labor Law or by standards or 
20 regulations of the Department prescribed under this Act. 
21 The child or children may receive a wage in connection 
22 with the services rendered the foster family.
23  (e) "Agency-supervised home" means a foster family 
24 home under the direct and regular supervision of a 
25 licensed child welfare agency, of the Department of 
26 Children and Family Services, of a circuit court, or of 
 
 
10300HB3641sam003- 112 -LRB103 30390 AWJ 65350 a


1 any other State agency which has authority to place 
2 children in child care facilities, and which receives no 
3 more than 8 children, unless of common parentage, who are 
4 placed and are regularly supervised by one of the 
5 specified agencies.
6  (f) "Independent home" means a foster family home, 
7 other than an adoptive home, which receives no more than 4 
8 children, unless of common parentage, directly from 
9 parents, or other legally responsible persons, by 
10 independent arrangement and which is not subject to direct 
11 and regular supervision of a specified agency except as 
12 such supervision pertains to licensing by the Department.
13  (g) "Host home" means an emergency foster family home 
14 under the direction and regular supervision of a licensed 
15 child welfare agency, contracted to provide short-term 
16 crisis intervention services to youth served under the 
17 Comprehensive Community-Based Youth Services program, 
18 under the direction of the Department of Human Services. 
19 The youth shall not be under the custody or guardianship 
20 of the Department pursuant to the Juvenile Court Act of 
21 1987.
22(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)

23 (225 ILCS 10/2.35 new)
24 Sec. 2.35. Qualified residential treatment program. 
25"Qualified residential treatment program" means a program 
 
 
10300HB3641sam003- 113 -LRB103 30390 AWJ 65350 a


1that:
2  (1) has a trauma-informed treatment model that is 
3 designed to address the needs, including clinical needs as 
4 appropriate, of children with serious emotional or 
5 behavioral disorders or disturbances and, with respect to 
6 a child, is able to implement the treatment identified for 
7 the child by the assessment of the child required under 42 
8 U.S.C. 675a(c);
9  (2) whether by acquisition of direct employment or 
10 otherwise, has registered or licensed nursing staff and 
11 other licensed clinical staff who:
12   (A) provide care within the scope of their 
13 practice as defined by law;
14   (B) are located on-site; and
15   (C) are available 24 hours a day, 7 days a week;
16  (3) to the extent appropriate, and in accordance with 
17 the child's best interests, facilitates participation of 
18 family members in the child's treatment program;
19  (4) facilitates outreach to the family members of the 
20 child, including siblings, documents how the outreach is 
21 made, including contact information, and maintains contact 
22 information for any known biological family and fictive 
23 kin of the child;
24  (5) documents how family members are integrated into 
25 the treatment process for the child, including 
26 post-discharge, and how sibling connections are 
 
 
10300HB3641sam003- 114 -LRB103 30390 AWJ 65350 a


1 maintained;
2  (6) provides discharge planning and family-based 
3 aftercare support for at least 6 months post-discharge; 
4 and
5  (7) is licensed in accordance with this Act and is 
6 accredited by any of the following independent, 
7 not-for-profit organizations:
8   (A) the Commission on Accreditation of 
9 Rehabilitation Facilities;
10   (B) the Joint Commission;
11   (C) the Council on Accreditation; or
12   (D) any other independent, not-for-profit 
13 accrediting organization approved by the Secretary of 
14 Health and Human Services as described in 42 U.S.C. 
15 672 (k)(4).

16 Section 50. The Laser System Act of 1997 is amended by 
17changing Section 16 as follows:

18 (420 ILCS 56/16)
19 Sec. 16. Laser safety officers. 
20 (a) Each laser installation whose function is for the use 
21of a temporary laser display shall use a laser safety officer.
22 (b) The Agency shall adopt rules specifying minimum 
23training and experience requirements for laser safety 
24officers. The requirements shall be specific to the evaluation 
 
 
10300HB3641sam003- 115 -LRB103 30390 AWJ 65350 a


1and control of laser hazards for different types of laser 
2systems and the purpose for which a laser system is used.
3 (c) If a laser safety officer encounters noncompliance 
4with this Act or rules adopted under this Act in the course of 
5performing duties as a laser safety officer, then the laser 
6safety officer shall report that noncompliance to the Agency 
7as soon as practical to protect public health and safety.
8 (d) No person may act as a laser safety officer or 
9advertise or use any title implying qualification as a laser 
10safety officer unless the person meets the training and 
11experience requirements of this Act and the training and 
12experience requirements established by the Agency under 
13subsection (b).
14(Source: P.A. 103-277, eff. 7-28-23.)

15 Section 55. The Juvenile Court Act of 1987 is amended by 
16changing Section 1-3 as follows:

17 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
18 Sec. 1-3. Definitions. Terms used in this Act, unless the 
19context otherwise requires, have the following meanings 
20ascribed to them:
21 (1) "Adjudicatory hearing" means a hearing to determine 
22whether the allegations of a petition under Section 2-13, 
233-15, or 4-12 that a minor under 18 years of age is abused, 
24neglected, or dependent, or requires authoritative 
 
 
10300HB3641sam003- 116 -LRB103 30390 AWJ 65350 a


1intervention, or addicted, respectively, are supported by a 
2preponderance of the evidence or whether the allegations of a 
3petition under Section 5-520 that a minor is delinquent are 
4proved beyond a reasonable doubt.
5 (2) "Adult" means a person 21 years of age or older.
6 (3) "Agency" means a public or private child care facility 
7legally authorized or licensed by this State for placement or 
8institutional care or for both placement and institutional 
9care.
10 (4) "Association" means any organization, public or 
11private, engaged in welfare functions which include services 
12to or on behalf of children but does not include "agency" as 
13herein defined.
14 (4.05) Whenever a "best interest" determination is 
15required, the following factors shall be considered in the 
16context of the child's age and developmental needs:
17  (a) the physical safety and welfare of the child, 
18 including food, shelter, health, and clothing;
19  (b) the development of the child's identity;
20  (c) the child's background and ties, including 
21 familial, cultural, and religious;
22  (d) the child's sense of attachments, including:
23   (i) where the child actually feels love, 
24 attachment, and a sense of being valued (as opposed to 
25 where adults believe the child should feel such love, 
26 attachment, and a sense of being valued);
 
 
10300HB3641sam003- 117 -LRB103 30390 AWJ 65350 a


1   (ii) the child's sense of security;
2   (iii) the child's sense of familiarity;
3   (iv) continuity of affection for the child;
4   (v) the least disruptive placement alternative for 
5 the child;
6  (e) the child's wishes and long-term goals;
7  (f) the child's community ties, including church, 
8 school, and friends;
9  (g) the child's need for permanence which includes the 
10 child's need for stability and continuity of relationships 
11 with parent figures and with siblings and other relatives;
12  (h) the uniqueness of every family and child;
13  (i) the risks attendant to entering and being in 
14 substitute care; and
15  (j) the preferences of the persons available to care 
16 for the child.
17 (4.1) "Chronic truant" shall have the definition ascribed 
18to it in Section 26-2a of the School Code.
19 (5) "Court" means the circuit court in a session or 
20division assigned to hear proceedings under this Act.
21 (6) "Dispositional hearing" means a hearing to determine 
22whether a minor should be adjudged to be a ward of the court, 
23and to determine what order of disposition should be made in 
24respect to a minor adjudged to be a ward of the court.
25 (6.5) "Dissemination" or "disseminate" means to publish, 
26produce, print, manufacture, distribute, sell, lease, exhibit, 
 
 
10300HB3641sam003- 118 -LRB103 30390 AWJ 65350 a


1broadcast, display, transmit, or otherwise share information 
2in any format so as to make the information accessible to 
3others.
4 (7) "Emancipated minor" means any minor 16 years of age or 
5over who has been completely or partially emancipated under 
6the Emancipation of Minors Act or under this Act.
7 (7.03) "Expunge" means to physically destroy the records 
8and to obliterate the minor's name from any official index, 
9public record, or electronic database. 
10 (7.05) "Foster parent" includes a relative caregiver 
11selected by the Department of Children and Family Services to 
12provide care for the minor. 
13 (8) "Guardianship of the person" of a minor means the duty 
14and authority to act in the best interests of the minor, 
15subject to residual parental rights and responsibilities, to 
16make important decisions in matters having a permanent effect 
17on the life and development of the minor and to be concerned 
18with the minor's general welfare. It includes but is not 
19necessarily limited to:
20  (a) the authority to consent to marriage, to 
21 enlistment in the armed forces of the United States, or to 
22 a major medical, psychiatric, and surgical treatment; to 
23 represent the minor in legal actions; and to make other 
24 decisions of substantial legal significance concerning the 
25 minor;
26  (b) the authority and duty of reasonable visitation, 
 
 
10300HB3641sam003- 119 -LRB103 30390 AWJ 65350 a


1 except to the extent that these have been limited in the 
2 best interests of the minor by court order;
3  (c) the rights and responsibilities of legal custody 
4 except where legal custody has been vested in another 
5 person or agency; and
6  (d) the power to consent to the adoption of the minor, 
7 but only if expressly conferred on the guardian in 
8 accordance with Section 2-29, 3-30, or 4-27.
9 (8.1) "Juvenile court record" includes, but is not limited 
10to: 
11  (a) all documents filed in or maintained by the 
12 juvenile court pertaining to a specific incident, 
13 proceeding, or individual; 
14  (b) all documents relating to a specific incident, 
15 proceeding, or individual made available to or maintained 
16 by probation officers; 
17  (c) all documents, video or audio tapes, photographs, 
18 and exhibits admitted into evidence at juvenile court 
19 hearings; or 
20  (d) all documents, transcripts, records, reports, or 
21 other evidence prepared by, maintained by, or released by 
22 any municipal, county, or State agency or department, in 
23 any format, if indicating involvement with the juvenile 
24 court relating to a specific incident, proceeding, or 
25 individual. 
26 (8.2) "Juvenile law enforcement record" includes records 
 
 
10300HB3641sam003- 120 -LRB103 30390 AWJ 65350 a


1of arrest, station adjustments, fingerprints, probation 
2adjustments, the issuance of a notice to appear, or any other 
3records or documents maintained by any law enforcement agency 
4relating to a minor suspected of committing an offense, and 
5records maintained by a law enforcement agency that identifies 
6a juvenile as a suspect in committing an offense, but does not 
7include records identifying a juvenile as a victim, witness, 
8or missing juvenile and any records created, maintained, or 
9used for purposes of referral to programs relating to 
10diversion as defined in subsection (6) of Section 5-105. 
11 (9) "Legal custody" means the relationship created by an 
12order of court in the best interests of the minor which imposes 
13on the custodian the responsibility of physical possession of 
14a minor and the duty to protect, train and discipline the minor 
15and to provide the minor with food, shelter, education, and 
16ordinary medical care, except as these are limited by residual 
17parental rights and responsibilities and the rights and 
18responsibilities of the guardian of the person, if any.
19 (9.1) "Mentally capable adult relative" means a person 21 
20years of age or older who is not suffering from a mental 
21illness that prevents the person from providing the care 
22necessary to safeguard the physical safety and welfare of a 
23minor who is left in that person's care by the parent or 
24parents or other person responsible for the minor's welfare. 
25 (10) "Minor" means a person under the age of 21 years 
26subject to this Act.
 
 
10300HB3641sam003- 121 -LRB103 30390 AWJ 65350 a


1 (11) "Parent" means a father or mother of a child and 
2includes any adoptive parent. It also includes a person (i) 
3whose parentage is presumed or has been established under the 
4law of this or another jurisdiction or (ii) who has registered 
5with the Putative Father Registry in accordance with Section 
612.1 of the Adoption Act and whose paternity has not been ruled 
7out under the law of this or another jurisdiction. It does not 
8include a parent whose rights in respect to the minor have been 
9terminated in any manner provided by law. It does not include a 
10person who has been or could be determined to be a parent under 
11the Illinois Parentage Act of 1984 or the Illinois Parentage 
12Act of 2015, or similar parentage law in any other state, if 
13that person has been convicted of or pled nolo contendere to a 
14crime that resulted in the conception of the child under 
15Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, 
1612-14.1, subsection (a) or (b) (but not subsection (c)) of 
17Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or 
18(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the 
19Criminal Code of 1961 or the Criminal Code of 2012, or similar 
20statute in another jurisdiction unless upon motion of any 
21party, other than the offender, to the juvenile court 
22proceedings the court finds it is in the child's best interest 
23to deem the offender a parent for purposes of the juvenile 
24court proceedings.
25 (11.1) "Permanency goal" means a goal set by the court as 
26defined in subdivision (2) of Section 2-28.
 
 
10300HB3641sam003- 122 -LRB103 30390 AWJ 65350 a


1 (11.2) "Permanency hearing" means a hearing to set the 
2permanency goal and to review and determine (i) the 
3appropriateness of the services contained in the plan and 
4whether those services have been provided, (ii) whether 
5reasonable efforts have been made by all the parties to the 
6service plan to achieve the goal, and (iii) whether the plan 
7and goal have been achieved.
8 (12) "Petition" means the petition provided for in Section 
92-13, 3-15, 4-12, or 5-520, including any supplemental 
10petitions thereunder in Section 3-15, 4-12, or 5-520.
11 (12.1) "Physically capable adult relative" means a person 
1221 years of age or older who does not have a severe physical 
13disability or medical condition, or is not suffering from 
14alcoholism or drug addiction, that prevents the person from 
15providing the care necessary to safeguard the physical safety 
16and welfare of a minor who is left in that person's care by the 
17parent or parents or other person responsible for the minor's 
18welfare. 
19 (12.2) "Post Permanency Sibling Contact Agreement" has the 
20meaning ascribed to the term in Section 7.4 of the Children and 
21Family Services Act. 
22 (12.3) "Residential treatment center" means a licensed 
23setting that provides 24-hour care to children in a group home 
24or institution, including a facility licensed as a child care 
25institution under Section 2.06 of the Child Care Act of 1969, a 
26licensed group home under Section 2.16 of the Child Care Act of 
 
 
10300HB3641sam003- 123 -LRB103 30390 AWJ 65350 a


11969, a qualified residential treatment program under Section 
22.35 of the Child Care Act of 1969, a secure child care 
3facility as defined in paragraph (18) of this Section, or any 
4similar facility in another state. "Residential treatment 
5center" does not include a relative foster home or a licensed 
6foster family home. 
7 (13) "Residual parental rights and responsibilities" means 
8those rights and responsibilities remaining with the parent 
9after the transfer of legal custody or guardianship of the 
10person, including, but not necessarily limited to, the right 
11to reasonable visitation (which may be limited by the court in 
12the best interests of the minor as provided in subsection 
13(8)(b) of this Section), the right to consent to adoption, the 
14right to determine the minor's religious affiliation, and the 
15responsibility for the minor's support.
16 (14) "Shelter" means the temporary care of a minor in 
17physically unrestricting facilities pending court disposition 
18or execution of court order for placement.
19 (14.05) "Shelter placement" means a temporary or emergency 
20placement for a minor, including an emergency foster home 
21placement. 
22 (14.1) "Sibling Contact Support Plan" has the meaning 
23ascribed to the term in Section 7.4 of the Children and Family 
24Services Act. 
25 (14.2) "Significant event report" means a written document 
26describing an occurrence or event beyond the customary 
 
 
10300HB3641sam003- 124 -LRB103 30390 AWJ 65350 a


1operations, routines, or relationships in the Department of 
2Children of Family Services, a child care facility, or other 
3entity that is licensed or regulated by the Department of 
4Children of Family Services or that provides services for the 
5Department of Children of Family Services under a grant, 
6contract, or purchase of service agreement; involving children 
7or youth, employees, foster parents, or relative caregivers; 
8allegations of abuse or neglect or any other incident raising 
9a concern about the well-being of a minor under the 
10jurisdiction of the court under Article II of the Juvenile 
11Court Act of 1987; incidents involving damage to property, 
12allegations of criminal activity, misconduct, or other 
13occurrences affecting the operations of the Department of 
14Children of Family Services or a child care facility; any 
15incident that could have media impact; and unusual incidents 
16as defined by Department of Children and Family Services rule. 
17 (15) "Station adjustment" means the informal handling of 
18an alleged offender by a juvenile police officer.
19 (16) "Ward of the court" means a minor who is so adjudged 
20under Section 2-22, 3-23, 4-20, or 5-705, after a finding of 
21the requisite jurisdictional facts, and thus is subject to the 
22dispositional powers of the court under this Act.
23 (17) "Juvenile police officer" means a sworn police 
24officer who has completed a Basic Recruit Training Course, has 
25been assigned to the position of juvenile police officer by 
26the officer's chief law enforcement officer and has completed 
 
 
10300HB3641sam003- 125 -LRB103 30390 AWJ 65350 a


1the necessary juvenile officers training as prescribed by the 
2Illinois Law Enforcement Training Standards Board, or in the 
3case of a State police officer, juvenile officer training 
4approved by the Director of the Illinois State Police.
5 (18) "Secure child care facility" means any child care 
6facility licensed by the Department of Children and Family 
7Services to provide secure living arrangements for children 
8under 18 years of age who are subject to placement in 
9facilities under the Children and Family Services Act and who 
10are not subject to placement in facilities for whom standards 
11are established by the Department of Corrections under Section 
123-15-2 of the Unified Code of Corrections. "Secure child care 
13facility" also means a facility that is designed and operated 
14to ensure that all entrances and exits from the facility, a 
15building, or a distinct part of the building are under the 
16exclusive control of the staff of the facility, whether or not 
17the child has the freedom of movement within the perimeter of 
18the facility, building, or distinct part of the building.
19(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 
20revised 9-20-23.)

21 Section 60. The Crime Victims Compensation Act is amended 
22by changing Sections 2 and 10.1 as follows:

23 (740 ILCS 45/2)
24 Sec. 2. Definitions. As used in this Act, unless the 
 
 
10300HB3641sam003- 126 -LRB103 30390 AWJ 65350 a


1context otherwise requires:
2 (a) "Applicant" means any of the following claiming 
3compensation under this Act: a victim, a person who was a 
4dependent of a deceased victim of a crime of violence for the 
5person's support at the time of the death of that victim, a 
6person who legally assumes the obligation or who voluntarily 
7pays the medical or the funeral or burial expenses incurred as 
8a direct result of the crime, and any other person who applies 
9for compensation under this Act or any person the Court of 
10Claims or the Attorney General finds is entitled to 
11compensation, including the guardian of a minor or of a person 
12under legal disability. It includes any person who was a 
13dependent of a deceased victim of a crime of violence for his 
14or her support at the time of the death of that victim.
15 The changes made to this subsection by Public Act 101-652 
16apply to actions commenced or pending on or after January 1, 
172022.
18 (b) "Court of Claims" means the Court of Claims created by 
19the Court of Claims Act.
20 (c) "Crime of violence" means and includes any offense 
21defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 
2210-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 
2311-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, 
2412-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 
2512-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 
2612-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, 
 
 
10300HB3641sam003- 127 -LRB103 30390 AWJ 65350 a


1or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or 
2subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 
31961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of 
4the Cemetery Protection Act, Section 125 of the Stalking No 
5Contact Order Act, Section 219 of the Civil No Contact Order 
6Act, driving under the influence as defined in Section 11-501 
7of the Illinois Vehicle Code, a violation of Section 11-401 of 
8the Illinois Vehicle Code, provided the victim was a 
9pedestrian or was operating a vehicle moved solely by human 
10power or a mobility device at the time of contact, and a 
11violation of Section 11-204.1 of the Illinois Vehicle Code; so 
12long as the offense did not occur during a civil riot, 
13insurrection or rebellion. "Crime of violence" does not 
14include any other offense or crash involving a motor vehicle 
15except those vehicle offenses specifically provided for in 
16this paragraph. "Crime of violence" does include all of the 
17offenses specifically provided for in this paragraph that 
18occur within this State but are subject to federal 
19jurisdiction and crimes involving terrorism as defined in 18 
20U.S.C. 2331.
21 (d) "Victim" means (1) a person killed or injured in this 
22State as a result of a crime of violence perpetrated or 
23attempted against him or her, (2) the spouse, parent, or child 
24of a person killed or injured in this State as a result of a 
25crime of violence perpetrated or attempted against the person, 
26or anyone living in the household of a person killed or injured 
 
 
10300HB3641sam003- 128 -LRB103 30390 AWJ 65350 a


1in a relationship that is substantially similar to that of a 
2parent, spouse, or child, (3) a person killed or injured in 
3this State while attempting to assist a person against whom a 
4crime of violence is being perpetrated or attempted, if that 
5attempt of assistance would be expected of a reasonable person 
6under the circumstances, (4) a person killed or injured in 
7this State while assisting a law enforcement official 
8apprehend a person who has perpetrated a crime of violence or 
9prevent the perpetration of any such crime if that assistance 
10was in response to the express request of the law enforcement 
11official, (5) a person who personally witnessed a violent 
12crime, (5.05) a person who will be called as a witness by the 
13prosecution to establish a necessary nexus between the 
14offender and the violent crime, (5.1) solely for the purpose 
15of compensating for pecuniary loss incurred for psychological 
16treatment of a mental or emotional condition caused or 
17aggravated by the crime, any other person under the age of 18 
18who is the brother, sister, half brother, or half sister of a 
19person killed or injured in this State as a result of a crime 
20of violence, (6) an Illinois resident who is a victim of a 
21"crime of violence" as defined in this Act except, if the crime 
22occurred outside this State, the resident has the same rights 
23under this Act as if the crime had occurred in this State upon 
24a showing that the state, territory, country, or political 
25subdivision of a country in which the crime occurred does not 
26have a compensation of victims of crimes law for which that 
 
 
10300HB3641sam003- 129 -LRB103 30390 AWJ 65350 a


1Illinois resident is eligible, (7) the parent, spouse, or 
2child of a deceased person whose body is dismembered or whose 
3remains are desecrated as the result of a crime of violence, or 
4(8) (blank) solely for the purpose of compensating for 
5pecuniary loss incurred for psychological treatment of a 
6mental or emotional condition caused or aggravated by the 
7crime, any parent, spouse, or child under the age of 18 of a 
8deceased person whose body is dismembered or whose remains are 
9desecrated as the result of a crime of violence.
10 (e) "Dependent" means a relative of a deceased victim who 
11was wholly or partially dependent upon the victim's income at 
12the time of his or her death and shall include the child of a 
13victim born after his or her death.
14 (f) "Relative" means a spouse, parent, grandparent, 
15stepfather, stepmother, child, grandchild, brother, 
16brother-in-law, sister, sister-in-law, half brother, half 
17sister, spouse's parent, nephew, niece, uncle, aunt, or anyone 
18living in the household of a person killed or injured in a 
19relationship that is substantially similar to that of a 
20parent, spouse, or child.
21 (g) "Child" means a son or daughter and includes a 
22stepchild, an adopted child or a child born out of wedlock.
23 (h) "Pecuniary loss" means: ,
24  (1) in the case of injury, appropriate medical 
25 expenses and hospital expenses including expenses of 
26 medical examinations, rehabilitation, medically required 
 
 
10300HB3641sam003- 130 -LRB103 30390 AWJ 65350 a


1 nursing care expenses, appropriate psychiatric care or 
2 psychiatric counseling expenses, appropriate expenses for 
3 care or counseling by a licensed clinical psychologist, 
4 licensed clinical social worker, licensed professional 
5 counselor, or licensed clinical professional counselor and 
6 expenses for treatment by Christian Science practitioners 
7 and nursing care appropriate thereto;
8  (2) transportation expenses to and from medical and 
9 counseling treatment facilities;
10  (3) prosthetic appliances, eyeglasses, and hearing 
11 aids necessary or damaged as a result of the crime;
12  (4) expenses incurred for the towing and storage of a 
13 victim's vehicle in connection with a crime of violence, 
14 to a maximum of $1,000;
15  (5) costs associated with trafficking tattoo removal 
16 by a person authorized or licensed to perform the specific 
17 removal procedure;
18  (6) replacement costs for clothing and bedding used as 
19 evidence;
20  (7) costs associated with temporary lodging or 
21 relocation necessary as a result of the crime, including, 
22 but not limited to, the first 2 months' month's rent and 
23 security deposit of the dwelling that the claimant 
24 relocated to and other reasonable relocation expenses 
25 incurred as a result of the violent crime;
26  (8) locks or windows necessary or damaged as a result 
 
 
10300HB3641sam003- 131 -LRB103 30390 AWJ 65350 a


1 of the crime;
2  (9) the purchase, lease, or rental of equipment 
3 necessary to create usability of and accessibility to the 
4 victim's real and personal property, or the real and 
5 personal property which is used by the victim, necessary 
6 as a result of the crime; "real and personal property" 
7 includes, but is not limited to, vehicles, houses, 
8 apartments, townhouses, or condominiums; 
9  (10) the costs of appropriate crime scene clean-up;
10  (11) replacement services loss, to a maximum of $1,250 
11 per month, with this amount to be divided in proportion to 
12 the amount of the actual loss among those entitled to 
13 compensation;
14  (12) dependents replacement services loss, to a 
15 maximum of $1,250 per month, with this amount to be 
16 divided in proportion to the amount of the actual loss 
17 among those entitled to compensation;
18  (13) loss of tuition paid to attend grammar school or 
19 high school when the victim had been enrolled as a student 
20 prior to the injury, or college or graduate school when 
21 the victim had been enrolled as a day or night student 
22 prior to the injury when the victim becomes unable to 
23 continue attendance at school as a result of the crime of 
24 violence perpetrated against him or her;
25  (14) loss of earnings, loss of future earnings because 
26 of disability resulting from the injury. Loss of future 
 
 
10300HB3641sam003- 132 -LRB103 30390 AWJ 65350 a


1 earnings shall be reduced by any income from substitute 
2 work actually performed by the victim or by income the 
3 victim would have earned in available appropriate 
4 substitute work the victim was capable of performing but 
5 unreasonably failed to undertake; loss of earnings and 
6 loss of future earnings shall be determined on the basis 
7 of the victim's average net monthly earnings for the 6 
8 months immediately preceding the date of the injury or on 
9 $2,400 per month, whichever is less, or, in cases where 
10 the absences commenced more than 3 years from the date of 
11 the crime, on the basis of the net monthly earnings for the 
12 6 months immediately preceding the date of the first 
13 absence, not to exceed $2,400 per month; , 
14  (15) loss of support of the dependents of the victim. 
15 Loss of support shall be determined on the basis of the 
16 victim's average net monthly earnings for the 6 months 
17 immediately preceding the date of the injury or on $2,400 
18 per month, whichever is less, or, in cases where the 
19 absences commenced more than 3 years from the date of the 
20 crime, on the basis of the net monthly earnings for the 6 
21 months immediately preceding the date of the first 
22 absence, not to exceed $2,400 per month. If a divorced or 
23 legally separated applicant is claiming loss of support 
24 for a minor child of the deceased, the amount of support 
25 for each child shall be based either on the amount of 
26 support pursuant to the judgment prior to the date of the 
 
 
10300HB3641sam003- 133 -LRB103 30390 AWJ 65350 a


1 deceased victim's injury or death, or, if the subject of 
2 pending litigation filed by or on behalf of the divorced 
3 or legally separated applicant prior to the injury or 
4 death, on the result of that litigation. Loss of support 
5 for minors shall be divided in proportion to the amount of 
6 the actual loss among those entitled to such compensation; 
7  (16) and, in addition, in the case of death, expenses 
8 for reasonable funeral, burial, and travel and transport 
9 for survivors of homicide victims to secure bodies of 
10 deceased victims and to transport bodies for burial all of 
11 which may be awarded up to a maximum of $10,000 for each 
12 victim. Other individuals that have paid or become 
13 obligated to pay funeral or burial expenses for the 
14 deceased shall share a maximum award of $10,000, with the 
15 award divided in proportion to the amount of the actual 
16 loss among those entitled to compensation; and and loss of 
17 support of the dependents of the victim;
18  (17) in the case of dismemberment or desecration of a 
19 body, expenses for reasonable funeral and burial, all of 
20 which may be awarded up to a maximum of $10,000 for each 
21 victim. Other individuals that have paid or become 
22 obligated to pay funeral or burial expenses for the 
23 deceased shall share a maximum award of $10,000, with the 
24 award divided in proportion to the amount of the actual 
25 loss among those entitled to compensation. Loss of future 
26 earnings shall be reduced by any income from substitute 
 
 
10300HB3641sam003- 134 -LRB103 30390 AWJ 65350 a


1 work actually performed by the victim or by income he or 
2 she would have earned in available appropriate substitute 
3 work he or she was capable of performing but unreasonably 
4 failed to undertake. Loss of earnings, loss of future 
5 earnings and loss of support shall be determined on the 
6 basis of the victim's average net monthly earnings for the 
7 6 months immediately preceding the date of the injury or 
8 on $2,400 per month, whichever is less or, in cases where 
9 the absences commenced more than 3 years from the date of 
10 the crime, on the basis of the net monthly earnings for the 
11 6 months immediately preceding the date of the first 
12 absence, not to exceed $2,400 per month. If a divorced or 
13 legally separated applicant is claiming loss of support 
14 for a minor child of the deceased, the amount of support 
15 for each child shall be based either on the amount of 
16 support pursuant to the judgment prior to the date of the 
17 deceased victim's injury or death, or, if the subject of 
18 pending litigation filed by or on behalf of the divorced 
19 or legally separated applicant prior to the injury or 
20 death, on the result of that litigation. Real and personal 
21 property includes, but is not limited to, vehicles, 
22 houses, apartments, town houses, or condominiums.
23 "Pecuniary loss" does not include pain and suffering or 
24property loss or damage.
25 The changes made to this subsection by Public Act 101-652 
26apply to actions commenced or pending on or after January 1, 
 
 
10300HB3641sam003- 135 -LRB103 30390 AWJ 65350 a


12022. 
2 (i) "Replacement services loss" means expenses reasonably 
3incurred in obtaining ordinary and necessary services in lieu 
4of those the injured person would have performed, not for 
5income, but for the benefit of himself or herself or his or her 
6family, if he or she had not been injured.
7 (j) "Dependents replacement services loss" means loss 
8reasonably incurred by dependents or private legal guardians 
9of minor dependents after a victim's death in obtaining 
10ordinary and necessary services in lieu of those the victim 
11would have performed, not for income, but for their benefit, 
12if he or she had not been fatally injured.
13 (k) "Survivor" means immediate family including a parent, 
14stepfather, stepmother, child, brother, sister, or spouse.
15 (l) "Parent" means a natural parent, adopted parent, 
16stepparent, or permanent legal guardian of another person.
17 (m) "Trafficking tattoo" is a tattoo which is applied to a 
18victim in connection with the commission of a violation of 
19Section 10-9 of the Criminal Code of 2012.
20(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 
21102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)

22 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
23 Sec. 10.1. Award Amount of compensation. The awarding of 
24compensation and the amount of compensation to which an 
25applicant and other persons are entitled shall be based on the 
 
 
10300HB3641sam003- 136 -LRB103 30390 AWJ 65350 a


1following factors:
2  (a) Each A victim may be compensated for his or her 
3 pecuniary loss up the maximum amount allowable.
4  (b) Each A dependent may be compensated for loss of 
5 support, as provided in paragraph (15) of subsection (h) 
6 of Section 2.
7  (c) Any person, even though not dependent upon the 
8 victim for his or her support, may be compensated for 
9 reasonable expenses of the victim to the extent to which 
10 he or she has paid or become obligated to pay such expenses 
11 and only after compensation for reasonable funeral, 
12 medical and hospital expenses of the victim have been 
13 awarded may compensation be made for reasonable expenses 
14 of the victim incurred for psychological treatment of a 
15 mental or emotional condition caused or aggravated by the 
16 crime. Persons that have paid or become obligated to pay 
17 expenses for a victim shall share the maximum award with 
18 the amount divided in proportion to the amount of the 
19 actual loss among those entitled to compensation. 
20  (d) An award shall be reduced or denied according to 
21 the extent to which the victim's injury or death was 
22 caused by provocation or incitement by the victim or the 
23 victim assisting, attempting, or committing a criminal 
24 act. A denial or reduction shall not automatically bar the 
25 survivors of homicide victims from receiving compensation 
26 for counseling, crime scene cleanup, relocation, funeral 
 
 
10300HB3641sam003- 137 -LRB103 30390 AWJ 65350 a


1 or burial costs, and loss of support if the survivor's 
2 actions have not initiated, provoked, or aggravated the 
3 suspect into initiating the qualifying crime.
4  (e) An award shall be reduced by the amount of 
5 benefits, payments or awards payable under those sources 
6 which are required to be listed under item (7) of Section 
7 7.1(a) and any other sources except annuities, pension 
8 plans, Federal Social Security payments payable to 
9 dependents of the victim and the net proceeds of the first 
10 $25,000 of life insurance that would inure to the benefit 
11 of the applicant, which the applicant or any other person 
12 dependent for the support of a deceased victim, as the 
13 case may be, has received or to which he or she is entitled 
14 as a result of injury to or death of the victim.
15  (f) A final award shall not exceed $10,000 for a crime 
16 committed prior to September 22, 1979, $15,000 for a crime 
17 committed on or after September 22, 1979 and prior to 
18 January 1, 1986, $25,000 for a crime committed on or after 
19 January 1, 1986 and prior to August 7, 1998, $27,000 for a 
20 crime committed on or after August 7, 1998 and prior to 
21 August 7, 2022, or $45,000 per victim for a crime 
22 committed on or after August 7, 2022. For any applicant 
23 who is not a victim, if If the total pecuniary loss is 
24 greater than the maximum amount allowed, the award shall 
25 be divided in proportion to the amount of actual loss 
26 among those entitled to compensation who are not victims.
 
 
10300HB3641sam003- 138 -LRB103 30390 AWJ 65350 a


1  (g) Compensation under this Act is a secondary source 
2 of compensation and the applicant must show that he or she 
3 has exhausted the benefits reasonably available under the 
4 Criminal Victims' Escrow Account Act or any governmental 
5 or medical or health insurance programs, including, but 
6 not limited to, Workers' Compensation, the Federal 
7 Medicare program, the State Public Aid program, Social 
8 Security Administration burial benefits, and Veterans 
9 Administration burial benefits, and life, health, 
10 accident, full vehicle coverage (including towing 
11 insurance, if available), or liability insurance.
12(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)

13 Section 65. The Day and Temporary Labor Services Act is 
14amended by changing Section 42 as follows:

15 (820 ILCS 175/42)
16 Sec. 42. Equal pay for equal work. A day or temporary 
17laborer who is assigned to work at a third party client for 
18more than 90 calendar days shall be paid not less than the rate 
19of pay and equivalent benefits as the lowest paid directly 
20hired employee of the third party client with the same level of 
21seniority at the company and performing the same or 
22substantially similar work on jobs the performance of which 
23requires substantially similar skill, effort, and 
24responsibility, and that are performed under similar working 
 
 
10300HB3641sam003- 139 -LRB103 30390 AWJ 65350 a


1conditions. If there is not a directly hired comparative 
2employee of the third party client, the day or temporary 
3laborer shall be paid not less than the rate of pay and 
4equivalent benefits of the lowest paid direct hired employee 
5of the company with the closest level of seniority at the 
6company. A day and temporary labor service agency may pay the 
7hourly cash equivalent of the actual cost benefits in lieu of 
8benefits required under this Section. Upon request, a third 
9party client to which a day or temporary laborer has been 
10assigned for more than 90 calendar days shall be obligated to 
11timely provide the day and temporary labor service agency with 
12all necessary information related to job duties, pay, and 
13benefits of directly hired employees necessary for the day and 
14temporary labor service agency to comply with this Section. 
15The failure by a third party client to provide any of the 
16information required under this Section shall constitute a 
17notice violation by the third party client under Section 95. 
18For purposes of this Section, the day and temporary labor 
19service agency shall be considered a person aggrieved as 
20described in Section 95. For the purposes of this Section, the 
21calculation of the 90 calendar days may not begin until April 
221, 2024.
23(Source: P.A. 103-437, eff. 8-4-23.)

24 Section 95. No acceleration or delay. Where this Act makes 
25changes in a statute that is represented in this Act by text 
 
 
10300HB3641sam003- 140 -LRB103 30390 AWJ 65350 a


1that is not yet or no longer in effect (for example, a Section 
2represented by multiple versions), the use of that text does 
3not accelerate or delay the taking effect of (i) the changes 
4made by this Act or (ii) provisions derived from any other 
5Public Act.