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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Public Labor Relations Act is | |||||||||||||||||||
5 | amended by changing Sections 3 and 7 as follows: | |||||||||||||||||||
6 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | Sec. 3. Definitions. As used in this Act, unless the | |||||||||||||||||||
8 | context
otherwise requires:
| |||||||||||||||||||
9 | (a) "Board" means the Illinois
Labor Relations Board or, | |||||||||||||||||||
10 | with respect to a matter over which the
jurisdiction of the | |||||||||||||||||||
11 | Board is assigned to the State Panel or the Local Panel
under | |||||||||||||||||||
12 | Section 5, the panel having jurisdiction over the matter.
| |||||||||||||||||||
13 | (b) "Collective bargaining" means bargaining over terms | |||||||||||||||||||
14 | and conditions
of employment, including hours, wages, and | |||||||||||||||||||
15 | other conditions of employment,
as detailed in Section 7 and | |||||||||||||||||||
16 | which are not excluded by Section 4.
| |||||||||||||||||||
17 | (c) "Confidential employee" means an employee who, in the | |||||||||||||||||||
18 | regular course
of his or her duties, assists and acts in a | |||||||||||||||||||
19 | confidential capacity to persons
who formulate, determine, and | |||||||||||||||||||
20 | effectuate management policies with regard
to labor relations | |||||||||||||||||||
21 | or who, in the regular course of his or her duties, has
| |||||||||||||||||||
22 | authorized access to information relating to the effectuation
| |||||||||||||||||||
23 | or review of the employer's collective bargaining policies.
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| |||||||
| |||||||
1 | Determinations of confidential employee status shall be based | ||||||
2 | on actual employee job duties and not solely on written job | ||||||
3 | descriptions.
| ||||||
4 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
5 | persons, and their
apprentices and helpers.
| ||||||
6 | (e) "Essential services employees" means those public | ||||||
7 | employees
performing functions so essential that the | ||||||
8 | interruption or termination of
the function will constitute a | ||||||
9 | clear and present danger to the health and
safety of the | ||||||
10 | persons in the affected community.
| ||||||
11 | (f) "Exclusive representative", except with respect to | ||||||
12 | non-State fire
fighters and paramedics employed by fire | ||||||
13 | departments and fire protection
districts, non-State peace | ||||||
14 | officers, and peace officers in the
Illinois State Police, | ||||||
15 | means the labor organization that has
been (i) designated by | ||||||
16 | the Board as the representative of a majority of public
| ||||||
17 | employees in an appropriate bargaining unit in accordance with | ||||||
18 | the procedures
contained in this Act; (ii) historically
| ||||||
19 | recognized by the State of Illinois or
any political | ||||||
20 | subdivision of the State before July 1, 1984
(the effective | ||||||
21 | date of this
Act) as the exclusive representative of the | ||||||
22 | employees in an appropriate
bargaining unit; (iii) after July | ||||||
23 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
24 | employer upon evidence, acceptable to the Board, that the | ||||||
25 | labor
organization has been designated as the exclusive | ||||||
26 | representative by a
majority of the employees in an |
| |||||||
| |||||||
1 | appropriate bargaining unit;
(iv) recognized as the exclusive | ||||||
2 | representative of personal
assistants under Executive Order | ||||||
3 | 2003-8 prior to July 16, 2003 (the effective date of Public Act | ||||||
4 | 93-204), and the organization shall be considered to
be the
| ||||||
5 | exclusive representative of the personal assistants
as defined
| ||||||
6 | in this Section; or (v) recognized as the exclusive | ||||||
7 | representative of child and day care home providers, including | ||||||
8 | licensed and license exempt providers, pursuant to an election | ||||||
9 | held under Executive Order 2005-1 prior to January 1, 2006 | ||||||
10 | (the effective date of Public Act 94-320), and the | ||||||
11 | organization shall be considered to be the exclusive | ||||||
12 | representative of the child and day care home providers as | ||||||
13 | defined in this Section.
| ||||||
14 | With respect to non-State fire fighters and paramedics | ||||||
15 | employed by fire
departments and fire protection districts, | ||||||
16 | non-State peace officers, and
peace officers in the Illinois | ||||||
17 | State Police,
"exclusive representative" means the labor | ||||||
18 | organization that has
been (i) designated by the Board as the | ||||||
19 | representative of a majority of peace
officers or fire | ||||||
20 | fighters in an appropriate bargaining unit in accordance
with | ||||||
21 | the procedures contained in this Act, (ii)
historically | ||||||
22 | recognized
by the State of Illinois or any political | ||||||
23 | subdivision of the State before
January 1, 1986 (the effective | ||||||
24 | date of this amendatory Act of 1985) as the exclusive
| ||||||
25 | representative by a majority of the peace officers or fire | ||||||
26 | fighters in an
appropriate bargaining unit, or (iii) after |
| |||||||
| |||||||
1 | January 1,
1986 (the effective date of this amendatory
Act of | ||||||
2 | 1985) recognized by an employer upon evidence, acceptable to | ||||||
3 | the
Board, that the labor organization has been designated as | ||||||
4 | the exclusive
representative by a majority of the peace | ||||||
5 | officers or fire fighters in an
appropriate bargaining unit.
| ||||||
6 | Where a historical pattern of representation exists for | ||||||
7 | the workers of a water system that was owned by a public | ||||||
8 | utility, as defined in Section 3-105 of the Public Utilities | ||||||
9 | Act, prior to becoming certified employees of a municipality | ||||||
10 | or municipalities once the municipality or municipalities have | ||||||
11 | acquired the water system as authorized in Section 11-124-5 of | ||||||
12 | the Illinois Municipal Code, the Board shall find the labor | ||||||
13 | organization that has historically represented the workers to | ||||||
14 | be the exclusive representative under this Act, and shall find | ||||||
15 | the unit represented by the exclusive representative to be the | ||||||
16 | appropriate unit. | ||||||
17 | (g) "Fair share agreement" means an agreement between the | ||||||
18 | employer and
an employee organization under which all or any | ||||||
19 | of the employees in a
collective bargaining unit are required | ||||||
20 | to pay their proportionate share of
the costs of the | ||||||
21 | collective bargaining process, contract administration, and
| ||||||
22 | pursuing matters affecting wages, hours, and other conditions | ||||||
23 | of employment,
but not to exceed the amount of dues uniformly | ||||||
24 | required of members. The
amount certified by the exclusive | ||||||
25 | representative shall not include any fees
for contributions | ||||||
26 | related to the election or support of any candidate for
|
| |||||||
| |||||||
1 | political office. Nothing in this subsection (g) shall
| ||||||
2 | preclude an employee from making
voluntary political | ||||||
3 | contributions in conjunction with his or her fair share
| ||||||
4 | payment.
| ||||||
5 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
6 | only, any
person who has been or is hereafter appointed to a | ||||||
7 | fire department or fire
protection district or employed by a | ||||||
8 | state university and sworn or
commissioned to perform fire | ||||||
9 | fighter duties or paramedic duties, including paramedics | ||||||
10 | employed by a unit of local government, except that the
| ||||||
11 | following persons are not included: part-time fire fighters,
| ||||||
12 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
13 | on-call fire
fighters, clerks and dispatchers or other | ||||||
14 | civilian employees of a fire
department or fire protection | ||||||
15 | district who are not routinely expected to
perform fire | ||||||
16 | fighter duties, or elected officials.
| ||||||
17 | (g-2) "General Assembly of the State of Illinois" means | ||||||
18 | the
legislative branch of the government of the State of | ||||||
19 | Illinois, as provided
for under Article IV of the Constitution | ||||||
20 | of the State of Illinois, and
includes, but is not limited to, | ||||||
21 | the House of Representatives, the Senate,
the Speaker of the | ||||||
22 | House of Representatives, the Minority Leader of the
House of | ||||||
23 | Representatives, the President of the Senate, the Minority | ||||||
24 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
25 | Support Services, and any
legislative support services agency | ||||||
26 | listed in the Legislative Commission
Reorganization Act of |
| |||||||
| |||||||
1 | 1984.
| ||||||
2 | (h) "Governing body" means, in the case of the State, the | ||||||
3 | State Panel of
the Illinois Labor Relations Board, the | ||||||
4 | Director of the Department of Central
Management Services, and | ||||||
5 | the Director of the Department of Labor; the county
board in | ||||||
6 | the case of a county; the corporate authorities in the case of | ||||||
7 | a
municipality; and the appropriate body authorized to provide | ||||||
8 | for expenditures
of its funds in the case of any other unit of | ||||||
9 | government.
| ||||||
10 | (i) "Labor organization" means any organization in which | ||||||
11 | public employees
participate and that exists for the purpose, | ||||||
12 | in whole or in part, of dealing
with a public employer | ||||||
13 | concerning wages, hours, and other terms and conditions
of | ||||||
14 | employment, including the settlement of grievances.
| ||||||
15 | (i-5) "Legislative liaison" means a person who is an | ||||||
16 | employee of a State agency, the Attorney General, the | ||||||
17 | Secretary of State, the Comptroller, or the Treasurer, as the | ||||||
18 | case may be, and whose job duties require the person to | ||||||
19 | regularly communicate in the course of his or her employment | ||||||
20 | with any official or staff of the General Assembly of the State | ||||||
21 | of Illinois for the purpose of influencing any legislative | ||||||
22 | action. | ||||||
23 | (j) "Managerial employee" means an individual who is | ||||||
24 | engaged
predominantly in executive and management functions | ||||||
25 | and is charged with the
responsibility of directing the | ||||||
26 | effectuation of management policies
and practices. |
| |||||||
| |||||||
1 | Determination of managerial employee status shall be based on | ||||||
2 | actual employee job duties and not solely on written job | ||||||
3 | descriptions. With respect only to State employees in | ||||||
4 | positions under the jurisdiction of the Attorney General, | ||||||
5 | Secretary of State, Comptroller, or Treasurer (i) that were | ||||||
6 | certified in a bargaining unit on or after December 2, 2008, | ||||||
7 | (ii) for which a petition is filed with the Illinois Public | ||||||
8 | Labor Relations Board on or after April 5, 2013 (the effective | ||||||
9 | date of Public Act 97-1172), or (iii) for which a petition is | ||||||
10 | pending before the Illinois Public Labor Relations Board on | ||||||
11 | that date, "managerial employee" means an individual who is | ||||||
12 | engaged in executive and management functions or who is | ||||||
13 | charged with the effectuation of management policies and | ||||||
14 | practices or who represents management interests by taking or | ||||||
15 | recommending discretionary actions that effectively control or | ||||||
16 | implement policy. Nothing in this definition prohibits an | ||||||
17 | individual from also meeting the definition of "supervisor" | ||||||
18 | under subsection (r) of this Section.
| ||||||
19 | (k) "Peace officer" means, for the purposes of this Act | ||||||
20 | only, any
persons who have been or are hereafter appointed to a | ||||||
21 | police force,
department, or agency and sworn or commissioned | ||||||
22 | to perform police duties,
except that the following persons | ||||||
23 | are not
included: part-time police
officers, special police | ||||||
24 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
25 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
26 | police",
court security officers as defined by Section |
| |||||||
| |||||||
1 | 3-6012.1 of the Counties
Code,
temporary employees, traffic | ||||||
2 | guards or wardens, civilian parking meter and
parking | ||||||
3 | facilities personnel or other individuals specially appointed | ||||||
4 | to
aid or direct traffic at or near schools or public functions | ||||||
5 | or to aid in
civil defense or disaster, parking enforcement | ||||||
6 | employees who are not
commissioned as peace officers and who | ||||||
7 | are not armed and who are not
routinely expected to effect | ||||||
8 | arrests, parking lot attendants, clerks and
dispatchers or | ||||||
9 | other civilian employees of a police department who are not
| ||||||
10 | routinely expected to effect arrests, or elected officials.
| ||||||
11 | (l) "Person" includes one or more individuals, labor | ||||||
12 | organizations, public
employees, associations, corporations, | ||||||
13 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
14 | receivers, or the State of Illinois or any political
| ||||||
15 | subdivision of the State or governing body, but does not | ||||||
16 | include the General
Assembly of the State of Illinois or any | ||||||
17 | individual employed by the General
Assembly of the State of | ||||||
18 | Illinois.
| ||||||
19 | (m) "Professional employee" means any employee engaged in | ||||||
20 | work predominantly
intellectual and varied in character rather | ||||||
21 | than routine mental, manual,
mechanical or physical work; | ||||||
22 | involving the consistent exercise of discretion
and adjustment | ||||||
23 | in its performance; of such a character that the output | ||||||
24 | produced
or the result accomplished cannot be standardized in | ||||||
25 | relation to a given
period of time; and requiring advanced | ||||||
26 | knowledge in a field of science or
learning customarily |
| |||||||
| |||||||
1 | acquired by a prolonged course of specialized intellectual
| ||||||
2 | instruction and study in an institution of higher learning or | ||||||
3 | a hospital,
as distinguished from a general academic education | ||||||
4 | or from apprenticeship
or from training in the performance of | ||||||
5 | routine mental, manual, or physical
processes; or any employee | ||||||
6 | who has completed the courses of specialized
intellectual | ||||||
7 | instruction and study prescribed in this subsection (m) and is
| ||||||
8 | performing related
work under the supervision of a | ||||||
9 | professional person to qualify to become
a professional | ||||||
10 | employee as defined in this subsection (m).
| ||||||
11 | (n) "Public employee" or "employee", for the purposes of | ||||||
12 | this Act, means
any individual employed by a public employer, | ||||||
13 | including (i) interns and residents
at public hospitals, (ii) | ||||||
14 | as of July 16, 2003 (the effective date of Public Act 93-204), | ||||||
15 | but not
before, personal assistants working under the Home
| ||||||
16 | Services
Program under Section 3 of the Rehabilitation of | ||||||
17 | Persons with Disabilities Act, subject to
the
limitations set | ||||||
18 | forth in this Act and in the Rehabilitation of Persons with | ||||||
19 | Disabilities
Act,
(iii) as of January 1, 2006 (the effective | ||||||
20 | date of Public Act 94-320), but not before, child and day care | ||||||
21 | home providers participating in the child care assistance | ||||||
22 | program under Section 9A-11 of the Illinois Public Aid Code, | ||||||
23 | subject to the limitations set forth in this Act and in Section | ||||||
24 | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | ||||||
25 | 2013 (the effective date of Public Act 97-1158), but not | ||||||
26 | before except as otherwise provided in this subsection (n), |
| |||||||
| |||||||
1 | home care and home health workers who function as personal | ||||||
2 | assistants and individual maintenance home health workers and | ||||||
3 | who also work under the Home Services Program under Section 3 | ||||||
4 | of the Rehabilitation of Persons with Disabilities Act, no | ||||||
5 | matter whether the State provides those services through | ||||||
6 | direct fee-for-service arrangements, with the assistance of a | ||||||
7 | managed care organization or other intermediary, or otherwise, | ||||||
8 | (v) beginning on July 19, 2013 (the effective date of Public | ||||||
9 | Act 98-100) and notwithstanding any other provision of this | ||||||
10 | Act, any person employed by a public employer and who is | ||||||
11 | classified as or who holds the employment title of Chief | ||||||
12 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
13 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
14 | Engineer, Plant Operating Engineer, and any other employee who | ||||||
15 | holds the position of: Civil Engineer V, Civil Engineer VI, | ||||||
16 | Civil Engineer VII, Technical Manager I, Technical Manager II, | ||||||
17 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
18 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
19 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
20 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
21 | IV, or Technical Advisor V employed by the Department of | ||||||
22 | Transportation who is in a position which is certified in a | ||||||
23 | bargaining unit on or before July 19, 2013 (the effective date | ||||||
24 | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the | ||||||
25 | effective date of Public Act 98-100) and notwithstanding any | ||||||
26 | other provision of this Act, any mental health administrator |
| |||||||
| |||||||
1 | in the Department of Corrections who is classified as or who | ||||||
2 | holds the position of Public Service Administrator (Option | ||||||
3 | 8K), any employee of the Office of the Inspector General in the | ||||||
4 | Department of Human Services who is classified as or who holds | ||||||
5 | the position of Public Service Administrator (Option 7), any | ||||||
6 | Deputy of Intelligence in the Department of Corrections who is | ||||||
7 | classified as or who holds the position of Public Service | ||||||
8 | Administrator (Option 7), and any employee of the Illinois | ||||||
9 | State Police who handles issues concerning the Illinois State | ||||||
10 | Police Sex Offender Registry and who is classified as or holds | ||||||
11 | the position of Public Service Administrator (Option 7), but | ||||||
12 | excluding all of the following: employees of the
General | ||||||
13 | Assembly of the State of Illinois; elected officials; | ||||||
14 | executive
heads of a department; members of boards or | ||||||
15 | commissions; the Executive
Inspectors General; any special | ||||||
16 | Executive Inspectors General; employees of each
Office of an | ||||||
17 | Executive Inspector General;
commissioners and employees of | ||||||
18 | the Executive Ethics Commission; the Auditor
General's | ||||||
19 | Inspector General; employees of the Office of the Auditor | ||||||
20 | General's
Inspector General; the Legislative Inspector | ||||||
21 | General; any special Legislative
Inspectors General; employees | ||||||
22 | of the Office
of the Legislative Inspector General;
| ||||||
23 | commissioners and employees of the Legislative Ethics | ||||||
24 | Commission;
employees
of any
agency, board or commission | ||||||
25 | created by this Act; employees appointed to
State positions of | ||||||
26 | a temporary or emergency nature; all employees of school
|
| |||||||
| |||||||
1 | districts and higher education institutions except | ||||||
2 | firefighters and peace
officers employed
by a state university | ||||||
3 | and except peace officers employed by a school district in its | ||||||
4 | own police department in existence on July 23, 2010 (the | ||||||
5 | effective date of Public Act 96-1257); managerial employees; | ||||||
6 | short-term employees; legislative liaisons; a person who is a | ||||||
7 | State employee under the jurisdiction of the Office of the | ||||||
8 | Attorney General who is licensed to practice law or whose | ||||||
9 | position authorizes, either directly or indirectly, meaningful | ||||||
10 | input into government decision-making on issues where there is | ||||||
11 | room for principled disagreement on goals or their | ||||||
12 | implementation; a person who is a State employee under the | ||||||
13 | jurisdiction of the Office of the Comptroller who holds the | ||||||
14 | position of Public Service Administrator or whose position is | ||||||
15 | otherwise exempt under the Comptroller Merit Employment Code; | ||||||
16 | a person who is a State employee under the jurisdiction of the | ||||||
17 | Secretary of State who holds the position classification of | ||||||
18 | Executive I or higher, whose position authorizes, either | ||||||
19 | directly or indirectly, meaningful input into government | ||||||
20 | decision-making on issues where there is room for principled | ||||||
21 | disagreement on goals or their implementation, or who is | ||||||
22 | otherwise exempt under the Secretary of State Merit Employment | ||||||
23 | Code; employees in the Office of the Secretary of State who are | ||||||
24 | completely exempt from jurisdiction B of the Secretary of | ||||||
25 | State Merit Employment Code and who are in Rutan-exempt | ||||||
26 | positions on or after April 5, 2013 (the effective date of |
| |||||||
| |||||||
1 | Public Act 97-1172); a person who is a State employee under the | ||||||
2 | jurisdiction of the Treasurer who holds a position that is | ||||||
3 | exempt from the State Treasurer Employment Code; any employee | ||||||
4 | of a State agency who (i) holds the title or position of, or | ||||||
5 | exercises substantially similar duties as a legislative | ||||||
6 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
7 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
8 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
9 | Information Officer, or Chief Information Officer and (ii) was | ||||||
10 | neither included in a bargaining unit nor subject to an active | ||||||
11 | petition for certification in a bargaining unit; any employee | ||||||
12 | of a State agency who (i) is in a position that is | ||||||
13 | Rutan-exempt, as designated by the employer, and completely | ||||||
14 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
15 | neither included in a bargaining unit nor subject to an active | ||||||
16 | petition for certification in a bargaining unit; any term | ||||||
17 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
18 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
19 | bargaining unit nor subject to an active petition for | ||||||
20 | certification in a bargaining unit; any employment position | ||||||
21 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
22 | confidential employees; independent contractors; and | ||||||
23 | supervisors except as
provided in this Act.
| ||||||
24 | Home care
and home health workers who function as personal | ||||||
25 | assistants and individual maintenance home health workers and | ||||||
26 | who also work under the Home Services Program under Section 3 |
| |||||||
| |||||||
1 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
2 | not be considered
public
employees for any purposes not | ||||||
3 | specifically provided for in Public Act 93-204 or Public Act | ||||||
4 | 97-1158, including, but not limited to, purposes of vicarious
| ||||||
5 | liability in tort
and purposes of statutory retirement or | ||||||
6 | health insurance benefits. Home care and home health workers | ||||||
7 | who function as personal assistants and individual maintenance | ||||||
8 | home health workers and who also work under the Home Services | ||||||
9 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
10 | Disabilities Act shall not be covered by the State Employees
| ||||||
11 | Group
Insurance Act of 1971.
| ||||||
12 | Child and day care home providers shall not be considered | ||||||
13 | public employees for any purposes not specifically provided | ||||||
14 | for in Public Act 94-320, including, but not limited to, | ||||||
15 | purposes of vicarious liability in tort and purposes of | ||||||
16 | statutory retirement or health insurance benefits. Child and | ||||||
17 | day care home providers shall not be covered by the State | ||||||
18 | Employees Group Insurance Act of 1971. | ||||||
19 | Notwithstanding Section 9, subsection (c), or any other | ||||||
20 | provisions of
this Act, all peace officers above the rank of | ||||||
21 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
22 | shall be excluded
from this Act.
| ||||||
23 | (o) Except as otherwise in subsection (o-5), "public | ||||||
24 | employer" or "employer" means the State of Illinois; any
| ||||||
25 | political subdivision of the State, unit of local government | ||||||
26 | or school
district; authorities including departments, |
| |||||||
| |||||||
1 | divisions, bureaus, boards,
commissions, or other agencies of | ||||||
2 | the foregoing entities; and any person
acting within the scope | ||||||
3 | of his or her authority, express or implied, on
behalf of those | ||||||
4 | entities in dealing with its employees.
As of July 16, 2003 | ||||||
5 | (the effective date of Public Act 93-204),
but not
before, the | ||||||
6 | State of Illinois shall be considered the employer of the | ||||||
7 | personal assistants working under the Home Services Program
| ||||||
8 | under
Section 3 of the Rehabilitation of Persons with | ||||||
9 | Disabilities Act, subject to the
limitations set forth
in this | ||||||
10 | Act and in the Rehabilitation of Persons with Disabilities | ||||||
11 | Act. As of January 29, 2013 (the effective date of Public Act | ||||||
12 | 97-1158), but not before except as otherwise provided in this | ||||||
13 | subsection (o), the State shall be considered the employer of | ||||||
14 | home care and home health workers who function as personal | ||||||
15 | assistants and individual maintenance home health workers and | ||||||
16 | who also work under the Home Services Program under Section 3 | ||||||
17 | of the Rehabilitation of Persons with Disabilities Act, no | ||||||
18 | matter whether the State provides those services through | ||||||
19 | direct fee-for-service arrangements, with the assistance of a | ||||||
20 | managed care organization or other intermediary, or otherwise, | ||||||
21 | but subject to the limitations set forth in this Act and the | ||||||
22 | Rehabilitation of Persons with Disabilities Act. The State | ||||||
23 | shall not
be
considered to be the employer of home care and | ||||||
24 | home health workers who function as personal
assistants and | ||||||
25 | individual maintenance home health workers and who also work | ||||||
26 | under the Home Services Program under Section 3 of the |
| |||||||
| |||||||
1 | Rehabilitation of Persons with Disabilities Act, for any
| ||||||
2 | purposes not specifically provided for in Public Act 93-204 or | ||||||
3 | Public Act 97-1158, including but not limited to, purposes of | ||||||
4 | vicarious liability in tort
and
purposes of statutory | ||||||
5 | retirement or health insurance benefits. Home care and home | ||||||
6 | health workers who function as
personal assistants and | ||||||
7 | individual maintenance home health workers and who also work | ||||||
8 | under the Home Services Program under Section 3 of the | ||||||
9 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
10 | covered by the State Employees Group
Insurance Act of 1971.
As | ||||||
11 | of January 1, 2006 (the effective date of Public Act 94-320) , | ||||||
12 | but not before, the State of Illinois shall be considered the | ||||||
13 | employer of the day and child care home providers | ||||||
14 | participating in the child care assistance program under | ||||||
15 | Section 9A-11 of the Illinois Public Aid Code, subject to the | ||||||
16 | limitations set forth in this Act and in Section 9A-11 of the | ||||||
17 | Illinois Public Aid Code. The State shall not be considered to | ||||||
18 | be the employer of child and day care home providers for any | ||||||
19 | purposes not specifically provided for in Public Act 94-320, | ||||||
20 | including, but not limited to, purposes of vicarious liability | ||||||
21 | in tort and purposes of statutory retirement or health | ||||||
22 | insurance benefits. Child and day care home providers shall | ||||||
23 | not be covered by the State Employees Group Insurance Act of | ||||||
24 | 1971. | ||||||
25 | "Public employer" or
"employer" as used in this Act, | ||||||
26 | however, does not
mean and shall not include the General |
| |||||||
| |||||||
1 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
2 | Commission, the Offices of the Executive Inspectors
General, | ||||||
3 | the Legislative Ethics Commission, the Office of the | ||||||
4 | Legislative
Inspector General, the Office of the Auditor | ||||||
5 | General's Inspector General, the Office of the Governor, the | ||||||
6 | Governor's Office of Management and Budget, the Illinois | ||||||
7 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
8 | State Board of Elections, and educational employers or | ||||||
9 | employers as defined in the Illinois
Educational Labor | ||||||
10 | Relations Act, except with respect to a state university in
| ||||||
11 | its employment of firefighters and peace officers and except | ||||||
12 | with respect to a school district in the employment of peace | ||||||
13 | officers in its own police department in existence on July 23, | ||||||
14 | 2010 (the effective date of Public Act 96-1257). County boards | ||||||
15 | and county
sheriffs shall be
designated as joint or | ||||||
16 | co-employers of county peace officers appointed
under the | ||||||
17 | authority of a county sheriff. Nothing in this subsection
(o) | ||||||
18 | shall be construed
to prevent the State Panel or the Local | ||||||
19 | Panel
from determining that employers are joint or | ||||||
20 | co-employers.
| ||||||
21 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
22 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
23 | other conditions of
employment, the public employer of public | ||||||
24 | employees who are court reporters, as
defined in the Court | ||||||
25 | Reporters Act, shall be determined as
follows:
| ||||||
26 | (1) For court reporters employed by the Cook County |
| |||||||
| |||||||
1 | Judicial
Circuit, the chief judge of the Cook County | ||||||
2 | Circuit
Court is the public employer and employer | ||||||
3 | representative.
| ||||||
4 | (2) For court reporters employed by the 12th, 18th, | ||||||
5 | 19th, and, on and after December 4, 2006, the 22nd | ||||||
6 | judicial
circuits, a group consisting of the chief judges | ||||||
7 | of those circuits, acting
jointly by majority vote, is the | ||||||
8 | public employer and employer representative.
| ||||||
9 | (3) For court reporters employed by all other judicial | ||||||
10 | circuits,
a group consisting of the chief judges of those | ||||||
11 | circuits, acting jointly by
majority vote, is the public | ||||||
12 | employer and employer representative.
| ||||||
13 | (p) "Security employee" means an employee who is | ||||||
14 | responsible for the
supervision and control of inmates at | ||||||
15 | correctional facilities. The term
also includes other | ||||||
16 | non-security employees in bargaining units having the
majority | ||||||
17 | of employees being responsible for the supervision and control | ||||||
18 | of
inmates at correctional facilities.
| ||||||
19 | (q) "Short-term employee" means an employee who is | ||||||
20 | employed for less
than 2 consecutive calendar quarters during | ||||||
21 | a calendar year and who does
not have a reasonable assurance | ||||||
22 | that he or she will be rehired by the
same employer for the | ||||||
23 | same service in a subsequent calendar year.
| ||||||
24 | (q-5) "State agency" means an agency directly responsible | ||||||
25 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
26 | Reorganization Implementation Act, and the Illinois Commerce |
| |||||||
| |||||||
1 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
2 | Civil Service Commission, the Pollution Control Board, the | ||||||
3 | Illinois Racing Board, and the Illinois State Police Merit | ||||||
4 | Board. | ||||||
5 | (r) "Supervisor" is: | ||||||
6 | (1) An employee whose principal work is substantially
| ||||||
7 | different from that of his or her subordinates and who has | ||||||
8 | authority, in the
interest of the employer, to hire, | ||||||
9 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
10 | direct, reward, or discipline employees, to adjust
their | ||||||
11 | grievances, or to effectively recommend any of those | ||||||
12 | actions, if the
exercise
of that authority is not of a | ||||||
13 | merely routine or clerical nature, but
requires the | ||||||
14 | consistent use of independent judgment. Except with | ||||||
15 | respect to
police employment, the term "supervisor" | ||||||
16 | includes only those individuals
who devote a preponderance | ||||||
17 | of their employment time to exercising that
authority, | ||||||
18 | State supervisors notwithstanding. Determinations of | ||||||
19 | supervisor status shall be based on actual employee job | ||||||
20 | duties and not solely on written job descriptions. Nothing | ||||||
21 | in this definition prohibits an individual from also | ||||||
22 | meeting the definition of "managerial employee" under | ||||||
23 | subsection (j) of this Section. In addition, in | ||||||
24 | determining
supervisory status in police employment, rank | ||||||
25 | shall not be determinative.
The Board shall consider, as | ||||||
26 | evidence of bargaining unit inclusion or
exclusion, the |
| |||||||
| |||||||
1 | common law enforcement policies and relationships between
| ||||||
2 | police officer ranks and certification under applicable | ||||||
3 | civil service law,
ordinances, personnel codes, or | ||||||
4 | Division 2.1 of Article 10 of the Illinois
Municipal Code, | ||||||
5 | but these factors shall not
be the sole or predominant | ||||||
6 | factors considered by the Board in determining
police | ||||||
7 | supervisory status.
| ||||||
8 | Notwithstanding the provisions of the preceding | ||||||
9 | paragraph, in determining
supervisory status in fire | ||||||
10 | fighter employment, no fire fighter shall be
excluded as a | ||||||
11 | supervisor who has established representation rights under
| ||||||
12 | Section 9 of this Act. Further, in fire fighter units, | ||||||
13 | employees shall
consist of fire fighters of the highest | ||||||
14 | rank of company officer and below. A company officer may | ||||||
15 | be responsible for multiple companies or apparatus on a | ||||||
16 | shift, multiple stations, or an entire shift. There may be | ||||||
17 | more than one company officer per shift. If a company | ||||||
18 | officer otherwise qualifies as a supervisor under the | ||||||
19 | preceding paragraph, however, he or she shall
not be | ||||||
20 | included in the fire fighter
unit. If there is no rank | ||||||
21 | between that of chief and the
highest company officer, the | ||||||
22 | employer may designate a position on each
shift as a Shift | ||||||
23 | Commander, and the persons occupying those positions shall
| ||||||
24 | be supervisors. All other ranks above that of the highest | ||||||
25 | company officer shall be
supervisors.
| ||||||
26 | (2) With respect only to State employees in positions |
| |||||||
| |||||||
1 | under the jurisdiction of the Attorney General, Secretary | ||||||
2 | of State, Comptroller, or Treasurer (i) that were | ||||||
3 | certified in a bargaining unit on or after December 2, | ||||||
4 | 2008, (ii) for which a petition is filed with the Illinois | ||||||
5 | Public Labor Relations Board on or after April 5, 2013 | ||||||
6 | (the effective date of Public Act 97-1172), or (iii) for | ||||||
7 | which a petition is pending before the Illinois Public | ||||||
8 | Labor Relations Board on that date, an employee who | ||||||
9 | qualifies as a supervisor under (A) Section 152 of the | ||||||
10 | National Labor Relations Act and (B) orders of the | ||||||
11 | National Labor Relations Board interpreting that provision | ||||||
12 | or decisions of courts reviewing decisions of the National | ||||||
13 | Labor Relations Board. | ||||||
14 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
15 | held by
employees whose collective interests may suitably be | ||||||
16 | represented by a labor
organization for collective bargaining. | ||||||
17 | Except with respect to non-State fire
fighters and paramedics | ||||||
18 | employed by fire departments and fire protection
districts, | ||||||
19 | non-State peace officers, and peace officers in the Illinois | ||||||
20 | State Police, a bargaining unit determined by the Board shall | ||||||
21 | not include both
employees and supervisors, or supervisors | ||||||
22 | only, except as provided in paragraph
(2) of this subsection | ||||||
23 | (s) and except for bargaining units in existence on July
1, | ||||||
24 | 1984 (the effective date of this Act). With respect to | ||||||
25 | non-State fire
fighters and paramedics employed by fire | ||||||
26 | departments and fire protection
districts, non-State peace |
| |||||||
| |||||||
1 | officers, and peace officers in the Illinois State Police, a | ||||||
2 | bargaining unit determined by the Board shall not include both
| ||||||
3 | supervisors and nonsupervisors, or supervisors only, except as | ||||||
4 | provided in
paragraph (2) of this subsection (s) and except | ||||||
5 | for bargaining units in
existence on January 1, 1986 (the | ||||||
6 | effective date of this amendatory Act of
1985). A bargaining | ||||||
7 | unit determined by the Board to contain peace officers
shall | ||||||
8 | contain no employees other than peace officers unless | ||||||
9 | otherwise agreed to
by the employer and the labor organization | ||||||
10 | or labor organizations involved.
Notwithstanding any other | ||||||
11 | provision of this Act, a bargaining unit, including a
| ||||||
12 | historical bargaining unit, containing sworn peace officers of | ||||||
13 | the Department
of Natural Resources (formerly designated the | ||||||
14 | Department of Conservation) shall
contain no employees other | ||||||
15 | than such sworn peace officers upon the effective
date of this | ||||||
16 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
17 | collective bargaining agreement in effect upon the effective | ||||||
18 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
19 | peace officers and other
employees.
| ||||||
20 | (2) Notwithstanding the exclusion of supervisors from | ||||||
21 | bargaining units
as provided in paragraph (1) of this | ||||||
22 | subsection (s), a public
employer may agree to permit its | ||||||
23 | supervisory employees to form bargaining units
and may bargain | ||||||
24 | with those units. This Act shall apply if the public employer
| ||||||
25 | chooses to bargain under this subsection.
| ||||||
26 | (3) Public employees who are court reporters, as defined
|
| |||||||
| |||||||
1 | in the Court Reporters Act,
shall be divided into 3 units for | ||||||
2 | collective bargaining purposes. One unit
shall be court | ||||||
3 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
4 | unit shall be court reporters employed by the 12th, 18th, | ||||||
5 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
6 | circuits; and one unit shall be court reporters employed by | ||||||
7 | all other
judicial circuits.
| ||||||
8 | (t) "Active petition for certification in a bargaining | ||||||
9 | unit" means a petition for certification filed with the Board | ||||||
10 | under one of the following case numbers: S-RC-11-110; | ||||||
11 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
12 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
13 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
14 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
15 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
16 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
17 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
18 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
19 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
20 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
21 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
22 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
23 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
24 | S-RC-07-100. | ||||||
25 | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
26 | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
|
| |||||||
| |||||||
1 | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| ||||||
2 | Sec. 7. Duty to bargain. A public employer and the | ||||||
3 | exclusive representative
have the authority and the duty to | ||||||
4 | bargain collectively set forth in this
Section.
| ||||||
5 | For the purposes of this Act, "to bargain collectively" | ||||||
6 | means the performance
of the mutual obligation of the public | ||||||
7 | employer or his designated
representative and the | ||||||
8 | representative of the public employees to meet at
reasonable | ||||||
9 | times, including meetings in advance of the budget-making | ||||||
10 | process,
and to negotiate in good faith with respect to wages, | ||||||
11 | hours, and other
conditions
of employment, not excluded by | ||||||
12 | Section 4 of this Act, or the negotiation
of an agreement, or | ||||||
13 | any question arising
thereunder and the execution of a written | ||||||
14 | contract incorporating any agreement
reached if requested by | ||||||
15 | either party, but such obligation does not compel
either party | ||||||
16 | to agree to a proposal or require the making of a concession.
| ||||||
17 | The duty "to bargain collectively" shall also include an | ||||||
18 | obligation to
negotiate over any matter with respect to wages, | ||||||
19 | hours and other conditions
of employment, not specifically | ||||||
20 | provided for in any other law or not specifically
in violation | ||||||
21 | of the provisions
of any law. If any other law pertains, in | ||||||
22 | part, to a matter affecting
the wages, hours and other | ||||||
23 | conditions of employment, such other law shall
not be | ||||||
24 | construed as limiting the duty "to bargain collectively" and | ||||||
25 | to enter
into collective bargaining agreements containing |
| |||||||
| |||||||
1 | clauses which either supplement,
implement, or relate to the | ||||||
2 | effect of such provisions in other laws.
| ||||||
3 | The duty "to bargain collectively" shall also include | ||||||
4 | negotiations
as to the terms of a collective bargaining | ||||||
5 | agreement.
The parties may, by mutual agreement, provide for | ||||||
6 | arbitration of impasses
resulting from their inability to | ||||||
7 | agree upon wages, hours and terms and
conditions of employment | ||||||
8 | to be included in a collective bargaining agreement.
Such | ||||||
9 | arbitration provisions shall be subject to the Illinois | ||||||
10 | "Uniform Arbitration
Act" unless agreed by the parties.
| ||||||
11 | The duty "to bargain collectively" shall also mean that no | ||||||
12 | party to a collective
bargaining contract shall terminate or | ||||||
13 | modify such contract, unless the
party desiring such | ||||||
14 | termination or modification:
| ||||||
15 | (1) serves a written notice upon the other party to | ||||||
16 | the contract of the
proposed termination or modification | ||||||
17 | 60 days prior to the expiration date
thereof, or in the | ||||||
18 | event such contract contains no expiration date, 60 days
| ||||||
19 | prior to the time it is proposed to make such termination | ||||||
20 | or modification;
| ||||||
21 | (2) offers to meet and confer with the other party for | ||||||
22 | the purpose of
negotiating a new contract or a contract | ||||||
23 | containing the proposed modifications;
| ||||||
24 | (3) notifies the Board within 30 days after such | ||||||
25 | notice of the existence
of a dispute, provided no | ||||||
26 | agreement has been reached by that time; and
|
| |||||||
| |||||||
1 | (4) continues in full force and effect, without | ||||||
2 | resorting to strike or
lockout, all the terms and | ||||||
3 | conditions of the existing contract for a period
of 60 | ||||||
4 | days after such notice is given to the other party or until | ||||||
5 | the expiration
date of such contract, whichever occurs | ||||||
6 | later.
| ||||||
7 | The duties imposed upon employers, employees and labor | ||||||
8 | organizations by
paragraphs (2), (3) and (4) shall become | ||||||
9 | inapplicable upon an intervening
certification of the Board, | ||||||
10 | under which the labor organization, which is
a party to the | ||||||
11 | contract, has been superseded as or ceased to be the exclusive
| ||||||
12 | representative
of the employees pursuant to the provisions of | ||||||
13 | subsection (a) of Section
9, and the duties so imposed shall | ||||||
14 | not be construed as requiring either
party to discuss or agree | ||||||
15 | to any modification of the terms and conditions
contained in a | ||||||
16 | contract for a fixed period, if such modification is to become
| ||||||
17 | effective before such terms and conditions can be reopened | ||||||
18 | under the provisions
of the contract.
| ||||||
19 | Collective bargaining for home care and home health | ||||||
20 | workers who function as personal assistants and individual | ||||||
21 | maintenance home health workers
under
the Home Services | ||||||
22 | Program shall be limited to the terms and conditions of
| ||||||
23 | employment
under the State's control, as defined in Public Act | ||||||
24 | 93-204 or this amendatory Act of the 97th General Assembly, as | ||||||
25 | applicable.
| ||||||
26 | Collective bargaining for child and day care home |
| |||||||
| |||||||
1 | providers under the child care assistance program shall be | ||||||
2 | limited to the terms and conditions of employment under the | ||||||
3 | State's control, as defined in this amendatory Act of the 94th | ||||||
4 | General Assembly.
| ||||||
5 | Notwithstanding any other provision of this Section, | ||||||
6 | whenever collective bargaining is for the purpose of | ||||||
7 | establishing an initial agreement following original | ||||||
8 | certification of units with fewer than 35 employees, with | ||||||
9 | respect to public employees other than peace officers, fire | ||||||
10 | fighters, and security employees, the following apply: | ||||||
11 | (1) Not later than 10 days after receiving a written | ||||||
12 | request for collective bargaining from a labor | ||||||
13 | organization that has been newly certified as a | ||||||
14 | representative as defined in Section 6(c), or within such | ||||||
15 | further period as the parties agree upon, the parties | ||||||
16 | shall meet and commence to bargain collectively and shall | ||||||
17 | make every reasonable effort to conclude and sign a | ||||||
18 | collective bargaining agreement. | ||||||
19 | (2) If anytime after the expiration of the 90-day | ||||||
20 | period beginning on the date on which bargaining is | ||||||
21 | commenced the parties have failed to reach an agreement, | ||||||
22 | either party may notify the Illinois Public Labor | ||||||
23 | Relations Board of the existence of a dispute and request | ||||||
24 | mediation in accordance with the provisions of Section 14 | ||||||
25 | of this Act. | ||||||
26 | (3) If after the expiration of the 30-day period |
| |||||||
| |||||||
1 | beginning on the date on which mediation commenced, or | ||||||
2 | such additional period as the parties may agree upon, the | ||||||
3 | mediator is not able to bring the parties to agreement by | ||||||
4 | conciliation, either the exclusive representative of the | ||||||
5 | employees or the employer may request of the other, in | ||||||
6 | writing, arbitration and shall submit a copy of the | ||||||
7 | request to the board. Upon submission of the request for | ||||||
8 | arbitration, the parties shall be required to participate | ||||||
9 | in the impasse arbitration procedures set forth in Section | ||||||
10 | 14 of this Act, except the right to strike shall not be | ||||||
11 | considered waived pursuant to Section 17 of this Act, | ||||||
12 | until the actual convening of the arbitration hearing. | ||||||
13 | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
14 | Section 10. The Personnel Code is amended by changing | ||||||
15 | Section 9 as follows:
| ||||||
16 | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| ||||||
17 | Sec. 9. Director, powers and duties. The Director, as | ||||||
18 | executive
head of the Department, shall direct and supervise | ||||||
19 | all its
administrative and technical activities. In addition | ||||||
20 | to the duties
imposed upon him elsewhere in this law, it shall | ||||||
21 | be his duty:
| ||||||
22 | (1) To apply and carry out this law and the rules | ||||||
23 | adopted
thereunder.
| ||||||
24 | (2) To attend meetings of the Commission.
|
| |||||||
| |||||||
1 | (3) To establish and maintain a roster of all | ||||||
2 | employees subject to
this Act, in which there shall be set | ||||||
3 | forth, as to each employee, the
class, title, pay, status, | ||||||
4 | and other pertinent data.
| ||||||
5 | (4) To appoint, subject to the provisions of this Act, | ||||||
6 | such
employees of the Department and such experts and | ||||||
7 | special assistants as
may be necessary to carry out | ||||||
8 | effectively this law.
| ||||||
9 | (5) Subject to such exemptions or modifications as may | ||||||
10 | be necessary
to assure the continuity of federal | ||||||
11 | contributions in those agencies
supported in whole or in | ||||||
12 | part by federal funds, to make appointments to
vacancies; | ||||||
13 | to approve all written charges seeking discharge, | ||||||
14 | demotion,
or other disciplinary measures provided in this | ||||||
15 | Act and to approve
transfers of employees from one | ||||||
16 | geographical area to another in the
State, in offices, | ||||||
17 | positions or places of employment covered by this
Act, | ||||||
18 | after consultation with the operating unit.
| ||||||
19 | (6) To formulate and administer service wide policies | ||||||
20 | and programs
for the improvement of employee | ||||||
21 | effectiveness, including training,
safety, health, | ||||||
22 | incentive recognition, counseling, welfare and employee
| ||||||
23 | relations. The Department shall formulate and administer | ||||||
24 | recruitment
plans and testing of potential employees for | ||||||
25 | agencies having direct
contact with significant numbers of | ||||||
26 | non-English speaking or otherwise
culturally distinct |
| |||||||
| |||||||
1 | persons. The Department shall require each State agency
to | ||||||
2 | annually assess the need for employees with appropriate | ||||||
3 | bilingual
capabilities to serve the significant numbers of | ||||||
4 | non-English speaking or
culturally distinct persons. The | ||||||
5 | Department shall develop a uniform
procedure for assessing | ||||||
6 | an agency's need for employees with appropriate
bilingual | ||||||
7 | capabilities. Agencies shall establish occupational titles | ||||||
8 | or
designate positions as "bilingual option" for persons | ||||||
9 | having sufficient
linguistic ability or cultural knowledge | ||||||
10 | to be able to render effective
service to such persons. | ||||||
11 | The Department shall ensure that any such option
is | ||||||
12 | exercised according to the agency's needs assessment and | ||||||
13 | the
requirements of this Code. The Department shall make | ||||||
14 | annual reports of the
needs assessment of each agency and | ||||||
15 | the number of positions calling for
non-English linguistic | ||||||
16 | ability to whom vacancy postings were sent, and the
number | ||||||
17 | filled by each agency. Such policies and programs shall be | ||||||
18 | subject
to approval by the Governor, provided that for | ||||||
19 | needs that require a certain linguistic ability that: (i) | ||||||
20 | have not been met for a posted position for a period of at | ||||||
21 | least one year; or (ii) arise when an individual's health | ||||||
22 | or safety would be placed in immediate risk, the | ||||||
23 | Department shall accept certifications of linguistic | ||||||
24 | competence from pre-approved third parties. To facilitate | ||||||
25 | expanding the scope of sources to demonstrate linguistic | ||||||
26 | competence, the Department shall issue standards for |
| |||||||
| |||||||
1 | demonstrating linguistic competence. No later than January | ||||||
2 | 2024, the Department shall authorize at least one if not | ||||||
3 | more community colleges in the regions involving the | ||||||
4 | counties of Cook, Lake, McHenry, Kane, DuPage, Kendall, | ||||||
5 | Will, Sangamon, and 5 other geographically distributed | ||||||
6 | counties within the State to pre-test and certify | ||||||
7 | linguistic ability, and such certifications by candidates | ||||||
8 | shall be presumed to satisfy the linguistic ability | ||||||
9 | requirements for the job position. Such policies, program | ||||||
10 | reports and needs
assessment reports, as well as | ||||||
11 | linguistic certification standards, shall be filed with | ||||||
12 | the General Assembly
by January 1 of each year and shall be | ||||||
13 | available to the public.
| ||||||
14 | The Department shall include within the report | ||||||
15 | required above
the number of persons receiving the | ||||||
16 | bilingual pay supplement established by
Section 8a.2 of | ||||||
17 | this Code. The report shall provide the number of persons
| ||||||
18 | receiving the bilingual pay supplement for languages other | ||||||
19 | than English and for
signing. The report shall also | ||||||
20 | indicate the number of persons, by the
categories of | ||||||
21 | Hispanic and non-Hispanic, who are receiving the bilingual | ||||||
22 | pay
supplement for language skills other than signing, in | ||||||
23 | a language other than
English.
| ||||||
24 | (7) To conduct negotiations affecting pay, hours of | ||||||
25 | work, or other
working conditions of employees subject to | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (8) To make continuing studies to improve the | ||||||
2 | efficiency of State
services to the residents of Illinois, | ||||||
3 | including but not limited to those
who are non-English | ||||||
4 | speaking or culturally distinct, and to report his
| ||||||
5 | findings and recommendations to the Commission and the | ||||||
6 | Governor.
| ||||||
7 | (9) To investigate from time to time the operation and | ||||||
8 | effect of
this law and the rules made thereunder and to | ||||||
9 | report his findings and
recommendations to the Commission | ||||||
10 | and to the
Governor.
| ||||||
11 | (10) To make an annual report regarding the work of | ||||||
12 | the Department,
and such special reports as he may | ||||||
13 | consider desirable, to the Commission
and to the Governor, | ||||||
14 | or as the Governor or Commission may request.
| ||||||
15 | (11) (Blank).
| ||||||
16 | (12) To prepare and publish a semi-annual statement | ||||||
17 | showing the
number of employees exempt and non-exempt from | ||||||
18 | merit selection in each
department. This report shall be | ||||||
19 | in addition to other information on
merit selection | ||||||
20 | maintained for public information under existing law.
| ||||||
21 | (13) To authorize in every department or agency | ||||||
22 | subject to
Jurisdiction C the use of flexible hours | ||||||
23 | positions. A flexible hours
position is one that does not | ||||||
24 | require an ordinary work schedule as
determined by the | ||||||
25 | Department and includes but is not limited to: 1) a
part | ||||||
26 | time job of 20 hours or more per week, 2) a job which is |
| |||||||
| |||||||
1 | shared by
2 employees or a compressed work week consisting | ||||||
2 | of an ordinary number
of working hours performed on fewer | ||||||
3 | than the number of days ordinarily
required to perform | ||||||
4 | that job. The Department may define flexible time
to | ||||||
5 | include other types of jobs that are defined above.
| ||||||
6 | The Director and the director of each department or | ||||||
7 | agency shall
together establish goals for flexible hours | ||||||
8 | positions to be available in
every department or agency.
| ||||||
9 | The Department shall give technical assistance to | ||||||
10 | departments and
agencies in achieving their goals, and | ||||||
11 | shall report to the Governor and
the General Assembly each | ||||||
12 | year on the progress of each department and
agency.
| ||||||
13 | When a goal of 10% of the positions in a department or | ||||||
14 | agency being
available on a flexible hours basis has been | ||||||
15 | reached, the Department
shall evaluate the effectiveness | ||||||
16 | and efficiency of the program and
determine whether to | ||||||
17 | expand the number of positions available for
flexible | ||||||
18 | hours to 20%.
| ||||||
19 | When a goal of 20% of the positions in a department or | ||||||
20 | agency being
available on a flexible hours basis has been | ||||||
21 | reached, the Department
shall evaluate the effectiveness | ||||||
22 | and efficiency of the program and
determine whether to | ||||||
23 | expand the number of positions available for
flexible | ||||||
24 | hours.
| ||||||
25 | Each department shall develop a plan for | ||||||
26 | implementation of flexible
work requirements designed to |
| |||||||
| |||||||
1 | reduce the need for child day care of employees'
children | ||||||
2 | outside the home. Each department shall submit a report of | ||||||
3 | its
plan to the Department of Central Management Services | ||||||
4 | and the General
Assembly. This report shall be submitted | ||||||
5 | biennially by March 1, with the
first report due March 1, | ||||||
6 | 1993.
| ||||||
7 | (14) To perform any other lawful acts which he may | ||||||
8 | consider
necessary or desirable to carry out the purposes | ||||||
9 | and provisions of this
law.
| ||||||
10 | The requirement for reporting to the General Assembly | ||||||
11 | shall be satisfied
by filing copies of the report as required | ||||||
12 | by Section 3.1 of the General Assembly Organization Act, and
| ||||||
13 | filing such additional copies with the State Government Report | ||||||
14 | Distribution
Center for the General Assembly as is required | ||||||
15 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
16 | (Source: P.A. 102-952, eff. 1-1-23 .)
| ||||||
17 | Section 15. The Children and Family Services Act is | ||||||
18 | amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as | ||||||
19 | follows:
| ||||||
20 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
21 | Sec. 5. Direct child welfare services; Department of | ||||||
22 | Children and Family
Services. To provide direct child welfare | ||||||
23 | services when not available
through other public or private | ||||||
24 | child care or program facilities.
|
| |||||||
| |||||||
1 | (a) For purposes of this Section:
| ||||||
2 | (1) "Children" means persons found within the State | ||||||
3 | who are under the
age of 18 years. The term also includes | ||||||
4 | persons under age 21 who:
| ||||||
5 | (A) were committed to the Department pursuant to | ||||||
6 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
7 | 1987 and who continue under the jurisdiction of the | ||||||
8 | court; or
| ||||||
9 | (B) were accepted for care, service and training | ||||||
10 | by
the Department prior to the age of 18 and whose best | ||||||
11 | interest in the
discretion of the Department would be | ||||||
12 | served by continuing that care,
service and training | ||||||
13 | because of severe emotional disturbances, physical
| ||||||
14 | disability, social adjustment or any combination | ||||||
15 | thereof, or because of the
need to complete an | ||||||
16 | educational or vocational training program.
| ||||||
17 | (2) "Homeless youth" means persons found within the
| ||||||
18 | State who are under the age of 19, are not in a safe and | ||||||
19 | stable living
situation and cannot be reunited with their | ||||||
20 | families.
| ||||||
21 | (3) "Child welfare services" means public social | ||||||
22 | services which are
directed toward the accomplishment of | ||||||
23 | the following purposes:
| ||||||
24 | (A) protecting and promoting the health, safety | ||||||
25 | and welfare of
children,
including homeless, | ||||||
26 | dependent, or neglected children;
|
| |||||||
| |||||||
1 | (B) remedying, or assisting in the solution
of | ||||||
2 | problems which may result in, the neglect, abuse, | ||||||
3 | exploitation, or
delinquency of children;
| ||||||
4 | (C) preventing the unnecessary separation of | ||||||
5 | children
from their families by identifying family | ||||||
6 | problems, assisting families in
resolving their | ||||||
7 | problems, and preventing the breakup of the family
| ||||||
8 | where the prevention of child removal is desirable and | ||||||
9 | possible when the
child can be cared for at home | ||||||
10 | without endangering the child's health and
safety;
| ||||||
11 | (D) restoring to their families children who have | ||||||
12 | been
removed, by the provision of services to the | ||||||
13 | child and the families when the
child can be cared for | ||||||
14 | at home without endangering the child's health and
| ||||||
15 | safety;
| ||||||
16 | (E) placing children in suitable adoptive homes, | ||||||
17 | in
cases where restoration to the biological family is | ||||||
18 | not safe, possible, or
appropriate;
| ||||||
19 | (F) assuring safe and adequate care of children | ||||||
20 | away from their
homes, in cases where the child cannot | ||||||
21 | be returned home or cannot be placed
for adoption. At | ||||||
22 | the time of placement, the Department shall consider
| ||||||
23 | concurrent planning,
as described in subsection (l-1) | ||||||
24 | of this Section so that permanency may
occur at the | ||||||
25 | earliest opportunity. Consideration should be given so | ||||||
26 | that if
reunification fails or is delayed, the |
| |||||||
| |||||||
1 | placement made is the best available
placement to | ||||||
2 | provide permanency for the child;
| ||||||
3 | (G) (blank);
| ||||||
4 | (H) (blank); and
| ||||||
5 | (I) placing and maintaining children in facilities | ||||||
6 | that provide
separate living quarters for children | ||||||
7 | under the age of 18 and for children
18 years of age | ||||||
8 | and older, unless a child 18 years of age is in the | ||||||
9 | last
year of high school education or vocational | ||||||
10 | training, in an approved
individual or group treatment | ||||||
11 | program, in a licensed shelter facility,
or secure | ||||||
12 | child care facility.
The Department is not required to | ||||||
13 | place or maintain children:
| ||||||
14 | (i) who are in a foster home, or
| ||||||
15 | (ii) who are persons with a developmental | ||||||
16 | disability, as defined in
the Mental
Health and | ||||||
17 | Developmental Disabilities Code, or
| ||||||
18 | (iii) who are female children who are | ||||||
19 | pregnant, pregnant and
parenting, or parenting, or
| ||||||
20 | (iv) who are siblings, in facilities that | ||||||
21 | provide separate living quarters for children 18
| ||||||
22 | years of age and older and for children under 18 | ||||||
23 | years of age.
| ||||||
24 | (b) (Blank).
| ||||||
25 | (c) The Department shall establish and maintain | ||||||
26 | tax-supported child
welfare services and extend and seek to |
| |||||||
| |||||||
1 | improve voluntary services
throughout the State, to the end | ||||||
2 | that services and care shall be available
on an equal basis | ||||||
3 | throughout the State to children requiring such services.
| ||||||
4 | (d) The Director may authorize advance disbursements for | ||||||
5 | any new program
initiative to any agency contracting with the | ||||||
6 | Department. As a
prerequisite for an advance disbursement, the | ||||||
7 | contractor must post a
surety bond in the amount of the advance | ||||||
8 | disbursement and have a
purchase of service contract approved | ||||||
9 | by the Department. The Department
may pay up to 2 months | ||||||
10 | operational expenses in advance. The amount of the
advance | ||||||
11 | disbursement shall be prorated over the life of the contract
| ||||||
12 | or the remaining months of the fiscal year, whichever is less, | ||||||
13 | and the
installment amount shall then be deducted from future | ||||||
14 | bills. Advance
disbursement authorizations for new initiatives | ||||||
15 | shall not be made to any
agency after that agency has operated | ||||||
16 | during 2 consecutive fiscal years.
The requirements of this | ||||||
17 | Section concerning advance disbursements shall
not apply with | ||||||
18 | respect to the following: payments to local public agencies
| ||||||
19 | for child day care services as authorized by Section 5a of this | ||||||
20 | Act; and
youth service programs receiving grant funds under | ||||||
21 | Section 17a-4.
| ||||||
22 | (e) (Blank).
| ||||||
23 | (f) (Blank).
| ||||||
24 | (g) The Department shall establish rules and regulations | ||||||
25 | concerning
its operation of programs designed to meet the | ||||||
26 | goals of child safety and
protection,
family preservation, |
| |||||||
| |||||||
1 | family reunification, and adoption, including, but not
limited | ||||||
2 | to:
| ||||||
3 | (1) adoption;
| ||||||
4 | (2) foster care;
| ||||||
5 | (3) family counseling;
| ||||||
6 | (4) protective services;
| ||||||
7 | (5) (blank);
| ||||||
8 | (6) homemaker service;
| ||||||
9 | (7) return of runaway children;
| ||||||
10 | (8) (blank);
| ||||||
11 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
12 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
13 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
14 | Assistance and Child Welfare Act of
1980; and
| ||||||
15 | (10) interstate services.
| ||||||
16 | Rules and regulations established by the Department shall | ||||||
17 | include
provisions for training Department staff and the staff | ||||||
18 | of Department
grantees, through contracts with other agencies | ||||||
19 | or resources, in screening techniques to identify substance | ||||||
20 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
21 | approved by the Department of Human
Services, as a successor | ||||||
22 | to the Department of Alcoholism and Substance Abuse,
for the | ||||||
23 | purpose of identifying children and adults who
should be | ||||||
24 | referred for an assessment at an organization appropriately | ||||||
25 | licensed by the Department of Human Services for substance use | ||||||
26 | disorder treatment.
|
| |||||||
| |||||||
1 | (h) If the Department finds that there is no appropriate | ||||||
2 | program or
facility within or available to the Department for | ||||||
3 | a youth in care and that no
licensed private facility has an | ||||||
4 | adequate and appropriate program or none
agrees to accept the | ||||||
5 | youth in care, the Department shall create an appropriate
| ||||||
6 | individualized, program-oriented plan for such youth in care. | ||||||
7 | The
plan may be developed within the Department or through | ||||||
8 | purchase of services
by the Department to the extent that it is | ||||||
9 | within its statutory authority
to do.
| ||||||
10 | (i) Service programs shall be available throughout the | ||||||
11 | State and shall
include but not be limited to the following | ||||||
12 | services:
| ||||||
13 | (1) case management;
| ||||||
14 | (2) homemakers;
| ||||||
15 | (3) counseling;
| ||||||
16 | (4) parent education;
| ||||||
17 | (5) child day care; and
| ||||||
18 | (6) emergency assistance and advocacy.
| ||||||
19 | In addition, the following services may be made available | ||||||
20 | to assess and
meet the needs of children and families:
| ||||||
21 | (1) comprehensive family-based services;
| ||||||
22 | (2) assessments;
| ||||||
23 | (3) respite care; and
| ||||||
24 | (4) in-home health services.
| ||||||
25 | The Department shall provide transportation for any of the | ||||||
26 | services it
makes available to children or families or for |
| |||||||
| |||||||
1 | which it refers children
or families.
| ||||||
2 | (j) The Department may provide categories of financial | ||||||
3 | assistance and
education assistance grants, and shall
| ||||||
4 | establish rules and regulations concerning the assistance and | ||||||
5 | grants, to
persons who
adopt children with physical or mental | ||||||
6 | disabilities, children who are older, or other hard-to-place
| ||||||
7 | children who (i) immediately prior to their adoption were | ||||||
8 | youth in care or (ii) were determined eligible for financial | ||||||
9 | assistance with respect to a
prior adoption and who become | ||||||
10 | available for adoption because the
prior adoption has been | ||||||
11 | dissolved and the parental rights of the adoptive
parents have | ||||||
12 | been
terminated or because the child's adoptive parents have | ||||||
13 | died.
The Department may continue to provide financial | ||||||
14 | assistance and education assistance grants for a child who was | ||||||
15 | determined eligible for financial assistance under this | ||||||
16 | subsection (j) in the interim period beginning when the | ||||||
17 | child's adoptive parents died and ending with the finalization | ||||||
18 | of the new adoption of the child by another adoptive parent or | ||||||
19 | parents. The Department may also provide categories of | ||||||
20 | financial
assistance and education assistance grants, and
| ||||||
21 | shall establish rules and regulations for the assistance and | ||||||
22 | grants, to persons
appointed guardian of the person under | ||||||
23 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
24 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
25 | who were youth in care for 12 months immediately
prior to the | ||||||
26 | appointment of the guardian.
|
| |||||||
| |||||||
1 | The amount of assistance may vary, depending upon the | ||||||
2 | needs of the child
and the adoptive parents,
as set forth in | ||||||
3 | the annual
assistance agreement. Special purpose grants are | ||||||
4 | allowed where the child
requires special service but such | ||||||
5 | costs may not exceed the amounts
which similar services would | ||||||
6 | cost the Department if it were to provide or
secure them as | ||||||
7 | guardian of the child.
| ||||||
8 | Any financial assistance provided under this subsection is
| ||||||
9 | inalienable by assignment, sale, execution, attachment, | ||||||
10 | garnishment, or any
other remedy for recovery or collection of | ||||||
11 | a judgment or debt.
| ||||||
12 | (j-5) The Department shall not deny or delay the placement | ||||||
13 | of a child for
adoption
if an approved family is available | ||||||
14 | either outside of the Department region
handling the case,
or | ||||||
15 | outside of the State of Illinois.
| ||||||
16 | (k) The Department shall accept for care and training any | ||||||
17 | child who has
been adjudicated neglected or abused, or | ||||||
18 | dependent committed to it pursuant
to the Juvenile Court Act | ||||||
19 | or the Juvenile Court Act of 1987.
| ||||||
20 | (l) The Department shall
offer family preservation | ||||||
21 | services, as defined in Section 8.2 of the Abused
and
| ||||||
22 | Neglected Child
Reporting Act, to help families, including | ||||||
23 | adoptive and extended families.
Family preservation
services | ||||||
24 | shall be offered (i) to prevent the
placement
of children in
| ||||||
25 | substitute care when the children can be cared for at home or | ||||||
26 | in the custody of
the person
responsible for the children's |
| |||||||
| |||||||
1 | welfare,
(ii) to
reunite children with their families, or | ||||||
2 | (iii) to
maintain an adoptive placement. Family preservation | ||||||
3 | services shall only be
offered when doing so will not endanger | ||||||
4 | the children's health or safety. With
respect to children who | ||||||
5 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
6 | 1987, family preservation services shall not be offered if a | ||||||
7 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
8 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
9 | that reunification services may be offered as provided in | ||||||
10 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
11 | Nothing in this paragraph shall be construed to create a | ||||||
12 | private right of
action or claim on the part of any individual | ||||||
13 | or child welfare agency, except that when a child is the | ||||||
14 | subject of an action under Article II of the Juvenile Court Act | ||||||
15 | of 1987 and the child's service plan calls for services to | ||||||
16 | facilitate achievement of the permanency goal, the court | ||||||
17 | hearing the action under Article II of the Juvenile Court Act | ||||||
18 | of 1987 may order the Department to provide the services set | ||||||
19 | out in the plan, if those services are not provided with | ||||||
20 | reasonable promptness and if those services are available.
| ||||||
21 | The Department shall notify the child and his family of | ||||||
22 | the
Department's
responsibility to offer and provide family | ||||||
23 | preservation services as
identified in the service plan. The | ||||||
24 | child and his family shall be eligible
for services as soon as | ||||||
25 | the report is determined to be "indicated". The
Department may | ||||||
26 | offer services to any child or family with respect to whom a
|
| |||||||
| |||||||
1 | report of suspected child abuse or neglect has been filed, | ||||||
2 | prior to
concluding its investigation under Section 7.12 of | ||||||
3 | the Abused and Neglected
Child Reporting Act. However, the | ||||||
4 | child's or family's willingness to
accept services shall not | ||||||
5 | be considered in the investigation. The
Department may also | ||||||
6 | provide services to any child or family who is the
subject of | ||||||
7 | any report of suspected child abuse or neglect or may refer | ||||||
8 | such
child or family to services available from other agencies | ||||||
9 | in the community,
even if the report is determined to be | ||||||
10 | unfounded, if the conditions in the
child's or family's home | ||||||
11 | are reasonably likely to subject the child or
family to future | ||||||
12 | reports of suspected child abuse or neglect. Acceptance
of | ||||||
13 | such services shall be voluntary. The Department may also | ||||||
14 | provide services to any child or family after completion of a | ||||||
15 | family assessment, as an alternative to an investigation, as | ||||||
16 | provided under the "differential response program" provided | ||||||
17 | for in subsection (a-5) of Section 7.4 of the Abused and | ||||||
18 | Neglected Child Reporting Act.
| ||||||
19 | The Department may, at its discretion except for those | ||||||
20 | children also
adjudicated neglected or dependent, accept for | ||||||
21 | care and training any child
who has been adjudicated addicted, | ||||||
22 | as a truant minor in need of
supervision or as a minor | ||||||
23 | requiring authoritative intervention, under the
Juvenile Court | ||||||
24 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
25 | be committed to the Department by any court without the | ||||||
26 | approval of
the Department. On and after January 1, 2015 (the |
| |||||||
| |||||||
1 | effective date of Public Act 98-803) and before January 1, | ||||||
2 | 2017, a minor charged with a criminal offense under the | ||||||
3 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
4 | adjudicated delinquent shall not be placed in the custody of | ||||||
5 | or
committed to the Department by any court, except (i) a minor | ||||||
6 | less than 16 years
of age committed to the Department under | ||||||
7 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
8 | for whom an independent basis of abuse, neglect, or dependency | ||||||
9 | exists, which must be defined by departmental rule, or (iii) a | ||||||
10 | minor for whom the court has granted a supplemental petition | ||||||
11 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
12 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
13 | 2017, a minor charged with a criminal offense under the | ||||||
14 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
15 | adjudicated delinquent shall not be placed in the custody of | ||||||
16 | or
committed to the Department by any court, except (i) a minor | ||||||
17 | less than 15 years
of age committed to the Department under | ||||||
18 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
19 | for whom an independent basis of abuse, neglect, or dependency | ||||||
20 | exists, which must be defined by departmental rule, or (iii) a | ||||||
21 | minor for whom the court has granted a supplemental petition | ||||||
22 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
23 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
24 | exists when the allegations or adjudication of abuse, neglect, | ||||||
25 | or dependency do not arise from the same facts, incident, or | ||||||
26 | circumstances which give rise to a charge or adjudication of |
| |||||||
| |||||||
1 | delinquency. The Department shall
assign a caseworker to | ||||||
2 | attend any hearing involving a youth in
the care and custody of | ||||||
3 | the Department who is placed on aftercare release, including | ||||||
4 | hearings
involving sanctions for violation of aftercare | ||||||
5 | release
conditions and aftercare release revocation hearings.
| ||||||
6 | As soon as is possible after August 7, 2009 (the effective | ||||||
7 | date of Public Act 96-134), the Department shall develop and | ||||||
8 | implement a special program of family preservation services to | ||||||
9 | support intact, foster, and adoptive families who are | ||||||
10 | experiencing extreme hardships due to the difficulty and | ||||||
11 | stress of caring for a child who has been diagnosed with a | ||||||
12 | pervasive developmental disorder if the Department determines | ||||||
13 | that those services are necessary to ensure the health and | ||||||
14 | safety of the child. The Department may offer services to any | ||||||
15 | family whether or not a report has been filed under the Abused | ||||||
16 | and Neglected Child Reporting Act. The Department may refer | ||||||
17 | the child or family to services available from other agencies | ||||||
18 | in the community if the conditions in the child's or family's | ||||||
19 | home are reasonably likely to subject the child or family to | ||||||
20 | future reports of suspected child abuse or neglect. Acceptance | ||||||
21 | of these services shall be voluntary. The Department shall | ||||||
22 | develop and implement a public information campaign to alert | ||||||
23 | health and social service providers and the general public | ||||||
24 | about these special family preservation services. The nature | ||||||
25 | and scope of the services offered and the number of families | ||||||
26 | served under the special program implemented under this |
| |||||||
| |||||||
1 | paragraph shall be determined by the level of funding that the | ||||||
2 | Department annually allocates for this purpose. The term | ||||||
3 | "pervasive developmental disorder" under this paragraph means | ||||||
4 | a neurological condition, including, but not limited to, | ||||||
5 | Asperger's Syndrome and autism, as defined in the most recent | ||||||
6 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
7 | Disorders of the American Psychiatric Association. | ||||||
8 | (l-1) The legislature recognizes that the best interests | ||||||
9 | of the child
require that
the child be placed in the most | ||||||
10 | permanent living arrangement as soon as is
practically
| ||||||
11 | possible. To achieve this goal, the legislature directs the | ||||||
12 | Department of
Children and
Family Services to conduct | ||||||
13 | concurrent planning so that permanency may occur at
the
| ||||||
14 | earliest opportunity. Permanent living arrangements may | ||||||
15 | include prevention of
placement of a child outside the home of | ||||||
16 | the family when the child can be cared
for at
home without | ||||||
17 | endangering the child's health or safety; reunification with | ||||||
18 | the
family,
when safe and appropriate, if temporary placement | ||||||
19 | is necessary; or movement of
the child
toward the most | ||||||
20 | permanent living arrangement and permanent legal status.
| ||||||
21 | When determining reasonable efforts to be made with | ||||||
22 | respect to a child, as
described in this
subsection, and in | ||||||
23 | making such reasonable efforts, the child's health and
safety | ||||||
24 | shall be the
paramount concern.
| ||||||
25 | When a child is placed in foster care, the Department | ||||||
26 | shall ensure and
document that reasonable efforts were made to |
| |||||||
| |||||||
1 | prevent or eliminate the need to
remove the child from the | ||||||
2 | child's home. The Department must make
reasonable efforts to | ||||||
3 | reunify the family when temporary placement of the child
| ||||||
4 | occurs
unless otherwise required, pursuant to the Juvenile | ||||||
5 | Court Act of 1987.
At any time after the dispositional hearing | ||||||
6 | where the Department believes
that further reunification | ||||||
7 | services would be ineffective, it may request a
finding from | ||||||
8 | the court that reasonable efforts are no longer appropriate. | ||||||
9 | The
Department is not required to provide further | ||||||
10 | reunification services after such
a
finding.
| ||||||
11 | A decision to place a child in substitute care shall be | ||||||
12 | made with
considerations of the child's health, safety, and | ||||||
13 | best interests. At the
time of placement, consideration should | ||||||
14 | also be given so that if reunification
fails or is delayed, the | ||||||
15 | placement made is the best available placement to
provide | ||||||
16 | permanency for the child.
| ||||||
17 | The Department shall adopt rules addressing concurrent | ||||||
18 | planning for
reunification and permanency. The Department | ||||||
19 | shall consider the following
factors when determining | ||||||
20 | appropriateness of concurrent planning:
| ||||||
21 | (1) the likelihood of prompt reunification;
| ||||||
22 | (2) the past history of the family;
| ||||||
23 | (3) the barriers to reunification being addressed by | ||||||
24 | the family;
| ||||||
25 | (4) the level of cooperation of the family;
| ||||||
26 | (5) the foster parents' willingness to work with the |
| |||||||
| |||||||
1 | family to reunite;
| ||||||
2 | (6) the willingness and ability of the foster family | ||||||
3 | to provide an
adoptive
home or long-term placement;
| ||||||
4 | (7) the age of the child;
| ||||||
5 | (8) placement of siblings.
| ||||||
6 | (m) The Department may assume temporary custody of any | ||||||
7 | child if:
| ||||||
8 | (1) it has received a written consent to such | ||||||
9 | temporary custody
signed by the parents of the child or by | ||||||
10 | the parent having custody of the
child if the parents are | ||||||
11 | not living together or by the guardian or
custodian of the | ||||||
12 | child if the child is not in the custody of either
parent, | ||||||
13 | or
| ||||||
14 | (2) the child is found in the State and neither a | ||||||
15 | parent,
guardian nor custodian of the child can be | ||||||
16 | located.
| ||||||
17 | If the child is found in his or her residence without a parent, | ||||||
18 | guardian,
custodian, or responsible caretaker, the Department | ||||||
19 | may, instead of removing
the child and assuming temporary | ||||||
20 | custody, place an authorized
representative of the Department | ||||||
21 | in that residence until such time as a
parent, guardian, or | ||||||
22 | custodian enters the home and expresses a willingness
and | ||||||
23 | apparent ability to ensure the child's health and safety and | ||||||
24 | resume
permanent
charge of the child, or until a
relative | ||||||
25 | enters the home and is willing and able to ensure the child's | ||||||
26 | health
and
safety and assume charge of the
child until a |
| |||||||
| |||||||
1 | parent, guardian, or custodian enters the home and expresses
| ||||||
2 | such willingness and ability to ensure the child's safety and | ||||||
3 | resume
permanent charge. After a caretaker has remained in the | ||||||
4 | home for a period not
to exceed 12 hours, the Department must | ||||||
5 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
6 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
7 | The Department shall have the authority, responsibilities | ||||||
8 | and duties that
a legal custodian of the child would have | ||||||
9 | pursuant to subsection (9) of
Section 1-3 of the Juvenile | ||||||
10 | Court Act of 1987. Whenever a child is taken
into temporary | ||||||
11 | custody pursuant to an investigation under the Abused and
| ||||||
12 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
13 | acceptance
under the Juvenile Court Act of 1987 of a minor in | ||||||
14 | limited custody, the
Department, during the period of | ||||||
15 | temporary custody and before the child
is brought before a | ||||||
16 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
17 | 5-415 of the Juvenile Court Act of 1987, shall have
the | ||||||
18 | authority, responsibilities and duties that a legal custodian | ||||||
19 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
20 | the Juvenile Court Act of
1987.
| ||||||
21 | The Department shall ensure that any child taken into | ||||||
22 | custody
is scheduled for an appointment for a medical | ||||||
23 | examination.
| ||||||
24 | A parent, guardian, or custodian of a child in the | ||||||
25 | temporary custody of the
Department who would have custody of | ||||||
26 | the child if he were not in the
temporary custody of the |
| |||||||
| |||||||
1 | Department may deliver to the Department a signed
request that | ||||||
2 | the Department surrender the temporary custody of the child.
| ||||||
3 | The Department may retain temporary custody of the child for | ||||||
4 | 10 days after
the receipt of the request, during which period | ||||||
5 | the Department may cause to
be filed a petition pursuant to the | ||||||
6 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
7 | Department shall retain temporary custody of the
child until | ||||||
8 | the court orders otherwise. If a petition is not filed within
| ||||||
9 | the 10-day period, the child shall be surrendered to the | ||||||
10 | custody of the
requesting parent, guardian, or custodian not | ||||||
11 | later than the expiration of
the 10-day period, at which time | ||||||
12 | the authority and duties of the Department
with respect to the | ||||||
13 | temporary custody of the child shall terminate.
| ||||||
14 | (m-1) The Department may place children under 18 years of | ||||||
15 | age in a secure
child care facility licensed by the Department | ||||||
16 | that cares for children who are
in need of secure living | ||||||
17 | arrangements for their health, safety, and well-being
after a | ||||||
18 | determination is made by the facility director and the | ||||||
19 | Director or the
Director's designate prior to admission to the | ||||||
20 | facility subject to Section
2-27.1 of the Juvenile Court Act | ||||||
21 | of 1987. This subsection (m-1) does not apply
to a child who is | ||||||
22 | subject to placement in a correctional facility operated
| ||||||
23 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
24 | unless the
child is a youth in care who was placed in the care | ||||||
25 | of the Department before being
subject to placement in a | ||||||
26 | correctional facility and a court of competent
jurisdiction |
| |||||||
| |||||||
1 | has ordered placement of the child in a secure care facility.
| ||||||
2 | (n) The Department may place children under 18 years of | ||||||
3 | age in
licensed child care facilities when in the opinion of | ||||||
4 | the Department,
appropriate services aimed at family | ||||||
5 | preservation have been unsuccessful and
cannot ensure the | ||||||
6 | child's health and safety or are unavailable and such
| ||||||
7 | placement would be for their best interest. Payment
for board, | ||||||
8 | clothing, care, training and supervision of any child placed | ||||||
9 | in
a licensed child care facility may be made by the | ||||||
10 | Department, by the
parents or guardians of the estates of | ||||||
11 | those children, or by both the
Department and the parents or | ||||||
12 | guardians, except that no payments shall be
made by the | ||||||
13 | Department for any child placed in a licensed child care
| ||||||
14 | facility for board, clothing, care, training and supervision | ||||||
15 | of such a
child that exceed the average per capita cost of | ||||||
16 | maintaining and of caring
for a child in institutions for | ||||||
17 | dependent or neglected children operated by
the Department. | ||||||
18 | However, such restriction on payments does not apply in
cases | ||||||
19 | where children require specialized care and treatment for | ||||||
20 | problems of
severe emotional disturbance, physical disability, | ||||||
21 | social adjustment, or
any combination thereof and suitable | ||||||
22 | facilities for the placement of such
children are not | ||||||
23 | available at payment rates within the limitations set
forth in | ||||||
24 | this Section. All reimbursements for services delivered shall | ||||||
25 | be
absolutely inalienable by assignment, sale, attachment, or | ||||||
26 | garnishment or
otherwise.
|
| |||||||
| |||||||
1 | (n-1) The Department shall provide or authorize child | ||||||
2 | welfare services, aimed at assisting minors to achieve | ||||||
3 | sustainable self-sufficiency as independent adults, for any | ||||||
4 | minor eligible for the reinstatement of wardship pursuant to | ||||||
5 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
6 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
7 | provided that the minor consents to such services and has not | ||||||
8 | yet attained the age of 21. The Department shall have | ||||||
9 | responsibility for the development and delivery of services | ||||||
10 | under this Section. An eligible youth may access services | ||||||
11 | under this Section through the Department of Children and | ||||||
12 | Family Services or by referral from the Department of Human | ||||||
13 | Services. Youth participating in services under this Section | ||||||
14 | shall cooperate with the assigned case manager in developing | ||||||
15 | an agreement identifying the services to be provided and how | ||||||
16 | the youth will increase skills to achieve self-sufficiency. A | ||||||
17 | homeless shelter is not considered appropriate housing for any | ||||||
18 | youth receiving child welfare services under this Section. The | ||||||
19 | Department shall continue child welfare services under this | ||||||
20 | Section to any eligible minor until the minor becomes 21 years | ||||||
21 | of age, no longer consents to participate, or achieves | ||||||
22 | self-sufficiency as identified in the minor's service plan. | ||||||
23 | The Department of Children and Family Services shall create | ||||||
24 | clear, readable notice of the rights of former foster youth to | ||||||
25 | child welfare services under this Section and how such | ||||||
26 | services may be obtained. The Department of Children and |
| |||||||
| |||||||
1 | Family Services and the Department of Human Services shall | ||||||
2 | disseminate this information statewide. The Department shall | ||||||
3 | adopt regulations describing services intended to assist | ||||||
4 | minors in achieving sustainable self-sufficiency as | ||||||
5 | independent adults. | ||||||
6 | (o) The Department shall establish an administrative | ||||||
7 | review and appeal
process for children and families who | ||||||
8 | request or receive child welfare
services from the Department. | ||||||
9 | Youth in care who are placed by private child welfare | ||||||
10 | agencies, and foster families with whom
those youth are | ||||||
11 | placed, shall be afforded the same procedural and appeal
| ||||||
12 | rights as children and families in the case of placement by the | ||||||
13 | Department,
including the right to an initial review of a | ||||||
14 | private agency decision by
that agency. The Department shall | ||||||
15 | ensure that any private child welfare
agency, which accepts | ||||||
16 | youth in care for placement, affords those
rights to children | ||||||
17 | and foster families. The Department shall accept for
| ||||||
18 | administrative review and an appeal hearing a complaint made | ||||||
19 | by (i) a child
or foster family concerning a decision | ||||||
20 | following an initial review by a
private child welfare agency | ||||||
21 | or (ii) a prospective adoptive parent who alleges
a violation | ||||||
22 | of subsection (j-5) of this Section. An appeal of a decision
| ||||||
23 | concerning a change in the placement of a child shall be | ||||||
24 | conducted in an
expedited manner. A court determination that a | ||||||
25 | current foster home placement is necessary and appropriate | ||||||
26 | under Section 2-28 of the Juvenile Court Act of 1987 does not |
| |||||||
| |||||||
1 | constitute a judicial determination on the merits of an | ||||||
2 | administrative appeal, filed by a former foster parent, | ||||||
3 | involving a change of placement decision.
| ||||||
4 | (p) (Blank).
| ||||||
5 | (q) The Department may receive and use, in their entirety, | ||||||
6 | for the
benefit of children any gift, donation, or bequest of | ||||||
7 | money or other
property which is received on behalf of such | ||||||
8 | children, or any financial
benefits to which such children are | ||||||
9 | or may become entitled while under
the jurisdiction or care of | ||||||
10 | the Department, except that the benefits described in Section | ||||||
11 | 5.46 must be used and conserved consistent with the provisions | ||||||
12 | under Section 5.46.
| ||||||
13 | The Department shall set up and administer no-cost, | ||||||
14 | interest-bearing accounts in appropriate financial | ||||||
15 | institutions
for children for whom the Department is legally | ||||||
16 | responsible and who have been
determined eligible for | ||||||
17 | Veterans' Benefits, Social Security benefits,
assistance | ||||||
18 | allotments from the armed forces, court ordered payments, | ||||||
19 | parental
voluntary payments, Supplemental Security Income, | ||||||
20 | Railroad Retirement
payments, Black Lung benefits, or other | ||||||
21 | miscellaneous payments. Interest
earned by each account shall | ||||||
22 | be credited to the account, unless
disbursed in accordance | ||||||
23 | with this subsection.
| ||||||
24 | In disbursing funds from children's accounts, the | ||||||
25 | Department
shall:
| ||||||
26 | (1) Establish standards in accordance with State and |
| |||||||
| |||||||
1 | federal laws for
disbursing money from children's | ||||||
2 | accounts. In all
circumstances,
the Department's | ||||||
3 | "Guardianship Administrator" or his or her designee must
| ||||||
4 | approve disbursements from children's accounts. The | ||||||
5 | Department
shall be responsible for keeping complete | ||||||
6 | records of all disbursements for each account for any | ||||||
7 | purpose.
| ||||||
8 | (2) Calculate on a monthly basis the amounts paid from | ||||||
9 | State funds for the
child's board and care, medical care | ||||||
10 | not covered under Medicaid, and social
services; and | ||||||
11 | utilize funds from the child's account, as
covered by | ||||||
12 | regulation, to reimburse those costs. Monthly, | ||||||
13 | disbursements from
all children's accounts, up to 1/12 of | ||||||
14 | $13,000,000, shall be
deposited by the Department into the | ||||||
15 | General Revenue Fund and the balance over
1/12 of | ||||||
16 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
17 | (3) Maintain any balance remaining after reimbursing | ||||||
18 | for the child's costs
of care, as specified in item (2). | ||||||
19 | The balance shall accumulate in accordance
with relevant | ||||||
20 | State and federal laws and shall be disbursed to the child | ||||||
21 | or his
or her guardian, or to the issuing agency.
| ||||||
22 | (r) The Department shall promulgate regulations | ||||||
23 | encouraging all adoption
agencies to voluntarily forward to | ||||||
24 | the Department or its agent names and
addresses of all persons | ||||||
25 | who have applied for and have been approved for
adoption of a | ||||||
26 | hard-to-place child or child with a disability and the names |
| |||||||
| |||||||
1 | of such
children who have not been placed for adoption. A list | ||||||
2 | of such names and
addresses shall be maintained by the | ||||||
3 | Department or its agent, and coded
lists which maintain the | ||||||
4 | confidentiality of the person seeking to adopt the
child and | ||||||
5 | of the child shall be made available, without charge, to every
| ||||||
6 | adoption agency in the State to assist the agencies in placing | ||||||
7 | such
children for adoption. The Department may delegate to an | ||||||
8 | agent its duty to
maintain and make available such lists. The | ||||||
9 | Department shall ensure that
such agent maintains the | ||||||
10 | confidentiality of the person seeking to adopt the
child and | ||||||
11 | of the child.
| ||||||
12 | (s) The Department of Children and Family Services may | ||||||
13 | establish and
implement a program to reimburse Department and | ||||||
14 | private child welfare
agency foster parents licensed by the | ||||||
15 | Department of Children and Family
Services for damages | ||||||
16 | sustained by the foster parents as a result of the
malicious or | ||||||
17 | negligent acts of foster children, as well as providing third
| ||||||
18 | party coverage for such foster parents with regard to actions | ||||||
19 | of foster
children to other individuals. Such coverage will be | ||||||
20 | secondary to the
foster parent liability insurance policy, if | ||||||
21 | applicable. The program shall
be funded through appropriations | ||||||
22 | from the General Revenue Fund,
specifically designated for | ||||||
23 | such purposes.
| ||||||
24 | (t) The Department shall perform home studies and | ||||||
25 | investigations and
shall exercise supervision over visitation | ||||||
26 | as ordered by a court pursuant
to the Illinois Marriage and |
| |||||||
| |||||||
1 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
2 | (1) an order entered by an Illinois court specifically
| ||||||
3 | directs the Department to perform such services; and
| ||||||
4 | (2) the court has ordered one or both of the parties to
| ||||||
5 | the proceeding to reimburse the Department for its | ||||||
6 | reasonable costs for
providing such services in accordance | ||||||
7 | with Department rules, or has
determined that neither | ||||||
8 | party is financially able to pay.
| ||||||
9 | The Department shall provide written notification to the | ||||||
10 | court of the
specific arrangements for supervised visitation | ||||||
11 | and projected monthly costs
within 60 days of the court order. | ||||||
12 | The Department shall send to the court
information related to | ||||||
13 | the costs incurred except in cases where the court
has | ||||||
14 | determined the parties are financially unable to pay. The | ||||||
15 | court may
order additional periodic reports as appropriate.
| ||||||
16 | (u) In addition to other information that must be | ||||||
17 | provided, whenever the Department places a child with a | ||||||
18 | prospective adoptive parent or parents, in a licensed foster | ||||||
19 | home,
group home, or child care institution, or in a relative | ||||||
20 | home, the Department
shall provide to the prospective adoptive | ||||||
21 | parent or parents or other caretaker:
| ||||||
22 | (1) available detailed information concerning the | ||||||
23 | child's educational
and health history, copies of | ||||||
24 | immunization records (including insurance
and medical card | ||||||
25 | information), a history of the child's previous | ||||||
26 | placements,
if any, and reasons for placement changes |
| |||||||
| |||||||
1 | excluding any information that
identifies or reveals the | ||||||
2 | location of any previous caretaker;
| ||||||
3 | (2) a copy of the child's portion of the client | ||||||
4 | service plan, including
any visitation arrangement, and | ||||||
5 | all amendments or revisions to it as
related to the child; | ||||||
6 | and
| ||||||
7 | (3) information containing details of the child's | ||||||
8 | individualized
educational plan when the child is | ||||||
9 | receiving special education services.
| ||||||
10 | The caretaker shall be informed of any known social or | ||||||
11 | behavioral
information (including, but not limited to, | ||||||
12 | criminal background, fire
setting, perpetuation of
sexual | ||||||
13 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
14 | care
for and safeguard the children to be placed or currently | ||||||
15 | in the home. The Department may prepare a written summary of | ||||||
16 | the information required by this paragraph, which may be | ||||||
17 | provided to the foster or prospective adoptive parent in | ||||||
18 | advance of a placement. The foster or prospective adoptive | ||||||
19 | parent may review the supporting documents in the child's file | ||||||
20 | in the presence of casework staff. In the case of an emergency | ||||||
21 | placement, casework staff shall at least provide known | ||||||
22 | information verbally, if necessary, and must subsequently | ||||||
23 | provide the information in writing as required by this | ||||||
24 | subsection.
| ||||||
25 | The information described in this subsection shall be | ||||||
26 | provided in writing. In the case of emergency placements when |
| |||||||
| |||||||
1 | time does not allow prior review, preparation, and collection | ||||||
2 | of written information, the Department shall provide such | ||||||
3 | information as it becomes available. Within 10 business days | ||||||
4 | after placement, the Department shall obtain from the | ||||||
5 | prospective adoptive parent or parents or other caretaker a | ||||||
6 | signed verification of receipt of the information provided. | ||||||
7 | Within 10 business days after placement, the Department shall | ||||||
8 | provide to the child's guardian ad litem a copy of the | ||||||
9 | information provided to the prospective adoptive parent or | ||||||
10 | parents or other caretaker. The information provided to the | ||||||
11 | prospective adoptive parent or parents or other caretaker | ||||||
12 | shall be reviewed and approved regarding accuracy at the | ||||||
13 | supervisory level.
| ||||||
14 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
15 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
16 | of 1969 shall be eligible to
receive foster care payments from | ||||||
17 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
18 | were approved pursuant to approved
relative placement rules | ||||||
19 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
20 | 335 and had submitted an application for licensure as a foster | ||||||
21 | family
home may continue to receive foster care payments only | ||||||
22 | until the Department
determines that they may be licensed as a | ||||||
23 | foster family home or that their
application for licensure is | ||||||
24 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
25 | (v) The Department shall access criminal history record | ||||||
26 | information
as defined in the Illinois Uniform Conviction |
| |||||||
| |||||||
1 | Information Act and information
maintained in the adjudicatory | ||||||
2 | and dispositional record system as defined in
Section 2605-355 | ||||||
3 | of the
Illinois State Police Law
if the Department determines | ||||||
4 | the information is necessary to perform its duties
under the | ||||||
5 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
6 | of 1969,
and the Children and Family Services Act. The | ||||||
7 | Department shall provide for
interactive computerized | ||||||
8 | communication and processing equipment that permits
direct | ||||||
9 | on-line communication with the Illinois State Police's central
| ||||||
10 | criminal history data repository. The Department shall comply | ||||||
11 | with all
certification requirements and provide certified | ||||||
12 | operators who have been
trained by personnel from the Illinois | ||||||
13 | State Police. In addition, one
Office of the Inspector General | ||||||
14 | investigator shall have training in the use of
the criminal | ||||||
15 | history information access system and have
access to the | ||||||
16 | terminal. The Department of Children and Family Services and | ||||||
17 | its
employees shall abide by rules and regulations established | ||||||
18 | by the Illinois State Police relating to the access and | ||||||
19 | dissemination of
this information.
| ||||||
20 | (v-1) Prior to final approval for placement of a child, | ||||||
21 | the Department shall conduct a criminal records background | ||||||
22 | check of the prospective foster or adoptive parent, including | ||||||
23 | fingerprint-based checks of national crime information | ||||||
24 | databases. Final approval for placement shall not be granted | ||||||
25 | if the record check reveals a felony conviction for child | ||||||
26 | abuse or neglect, for spousal abuse, for a crime against |
| |||||||
| |||||||
1 | children, or for a crime involving violence, including rape, | ||||||
2 | sexual assault, or homicide, but not including other physical | ||||||
3 | assault or battery, or if there is a felony conviction for | ||||||
4 | physical assault, battery, or a drug-related offense committed | ||||||
5 | within the past 5 years. | ||||||
6 | (v-2) Prior to final approval for placement of a child, | ||||||
7 | the Department shall check its child abuse and neglect | ||||||
8 | registry for information concerning prospective foster and | ||||||
9 | adoptive parents, and any adult living in the home. If any | ||||||
10 | prospective foster or adoptive parent or other adult living in | ||||||
11 | the home has resided in another state in the preceding 5 years, | ||||||
12 | the Department shall request a check of that other state's | ||||||
13 | child abuse and neglect registry.
| ||||||
14 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
15 | of Public Act
89-392), the Department shall prepare and submit | ||||||
16 | to the Governor and the
General Assembly, a written plan for | ||||||
17 | the development of in-state licensed
secure child care | ||||||
18 | facilities that care for children who are in need of secure
| ||||||
19 | living
arrangements for their health, safety, and well-being. | ||||||
20 | For purposes of this
subsection, secure care facility shall | ||||||
21 | mean a facility that is designed and
operated to ensure that | ||||||
22 | all entrances and exits from the facility, a building
or a | ||||||
23 | distinct part of the building, are under the exclusive control | ||||||
24 | of the
staff of the facility, whether or not the child has the | ||||||
25 | freedom of movement
within the perimeter of the facility, | ||||||
26 | building, or distinct part of the
building. The plan shall |
| |||||||
| |||||||
1 | include descriptions of the types of facilities that
are | ||||||
2 | needed in Illinois; the cost of developing these secure care | ||||||
3 | facilities;
the estimated number of placements; the potential | ||||||
4 | cost savings resulting from
the movement of children currently | ||||||
5 | out-of-state who are projected to be
returned to Illinois; the | ||||||
6 | necessary geographic distribution of these
facilities in | ||||||
7 | Illinois; and a proposed timetable for development of such
| ||||||
8 | facilities. | ||||||
9 | (x) The Department shall conduct annual credit history | ||||||
10 | checks to determine the financial history of children placed | ||||||
11 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
12 | 1987. The Department shall conduct such credit checks starting | ||||||
13 | when a youth in care turns 12 years old and each year | ||||||
14 | thereafter for the duration of the guardianship as terminated | ||||||
15 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
16 | shall determine if financial exploitation of the child's | ||||||
17 | personal information has occurred. If financial exploitation | ||||||
18 | appears to have taken place or is presently ongoing, the | ||||||
19 | Department shall notify the proper law enforcement agency, the | ||||||
20 | proper State's Attorney, or the Attorney General. | ||||||
21 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
22 | Public Act 96-1189), a child with a disability who receives | ||||||
23 | residential and educational services from the Department shall | ||||||
24 | be eligible to receive transition services in accordance with | ||||||
25 | Article 14 of the School Code from the age of 14.5 through age | ||||||
26 | 21, inclusive, notwithstanding the child's residential |
| |||||||
| |||||||
1 | services arrangement. For purposes of this subsection, "child | ||||||
2 | with a disability" means a child with a disability as defined | ||||||
3 | by the federal Individuals with Disabilities Education | ||||||
4 | Improvement Act of 2004. | ||||||
5 | (z) The Department shall access criminal history record | ||||||
6 | information as defined as "background information" in this | ||||||
7 | subsection and criminal history record information as defined | ||||||
8 | in the Illinois Uniform Conviction Information Act for each | ||||||
9 | Department employee or Department applicant. Each Department | ||||||
10 | employee or Department applicant shall submit his or her | ||||||
11 | fingerprints to the Illinois State Police in the form and | ||||||
12 | manner prescribed by the Illinois State Police. These | ||||||
13 | fingerprints shall be checked against the fingerprint records | ||||||
14 | now and hereafter filed in the Illinois State Police and the | ||||||
15 | Federal Bureau of Investigation criminal history records | ||||||
16 | databases. The Illinois State Police shall charge a fee for | ||||||
17 | conducting the criminal history record check, which shall be | ||||||
18 | deposited into the State Police Services Fund and shall not | ||||||
19 | exceed the actual cost of the record check. The Illinois State | ||||||
20 | Police shall furnish, pursuant to positive identification, all | ||||||
21 | Illinois conviction information to the Department of Children | ||||||
22 | and Family Services. | ||||||
23 | For purposes of this subsection: | ||||||
24 | "Background information" means all of the following: | ||||||
25 | (i) Upon the request of the Department of Children and | ||||||
26 | Family Services, conviction information obtained from the |
| |||||||
| |||||||
1 | Illinois State Police as a result of a fingerprint-based | ||||||
2 | criminal history records check of the Illinois criminal | ||||||
3 | history records database and the Federal Bureau of | ||||||
4 | Investigation criminal history records database concerning | ||||||
5 | a Department employee or Department applicant. | ||||||
6 | (ii) Information obtained by the Department of | ||||||
7 | Children and Family Services after performing a check of | ||||||
8 | the Illinois State Police's Sex Offender Database, as | ||||||
9 | authorized by Section 120 of the Sex Offender Community | ||||||
10 | Notification Law, concerning a Department employee or | ||||||
11 | Department applicant. | ||||||
12 | (iii) Information obtained by the Department of | ||||||
13 | Children and Family Services after performing a check of | ||||||
14 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
15 | operated and maintained by the Department. | ||||||
16 | "Department employee" means a full-time or temporary | ||||||
17 | employee coded or certified within the State of Illinois | ||||||
18 | Personnel System. | ||||||
19 | "Department applicant" means an individual who has | ||||||
20 | conditional Department full-time or part-time work, a | ||||||
21 | contractor, an individual used to replace or supplement staff, | ||||||
22 | an academic intern, a volunteer in Department offices or on | ||||||
23 | Department contracts, a work-study student, an individual or | ||||||
24 | entity licensed by the Department, or an unlicensed service | ||||||
25 | provider who works as a condition of a contract or an agreement | ||||||
26 | and whose work may bring the unlicensed service provider into |
| |||||||
| |||||||
1 | contact with Department clients or client records. | ||||||
2 | (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; | ||||||
3 | 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||||||
4 | 8-20-21; 102-1014, eff. 5-27-22.)
| ||||||
5 | (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
| ||||||
6 | (Text of Section before amendment by P.A. 102-926 )
| ||||||
7 | Sec. 5a.
Reimbursable services for which the Department of | ||||||
8 | Children and
Family Services shall pay 100% of the reasonable | ||||||
9 | cost pursuant to a written
contract negotiated between the | ||||||
10 | Department and the agency furnishing the
services (which shall | ||||||
11 | include but not be limited to the determination of
reasonable | ||||||
12 | cost, the services being purchased and the duration of the
| ||||||
13 | agreement) include, but are not limited to:
| ||||||
14 | SERVICE ACTIVITIES
| ||||||
15 | Adjunctive Therapy;
| ||||||
16 | Child Care Service , including day care ;
| ||||||
17 | Clinical Therapy;
| ||||||
18 | Custodial Service;
| ||||||
19 | Field Work Students;
| ||||||
20 | Food Service;
| ||||||
21 | Normal Education;
| ||||||
22 | In-Service Training;
| ||||||
23 | Intake or Evaluation, or both;
| ||||||
24 | Medical Services;
|
| |||||||
| |||||||
1 | Recreation;
| ||||||
2 | Social Work or Counselling, or both;
| ||||||
3 | Supportive Staff;
| ||||||
4 | Volunteers.
| ||||||
5 | OBJECT EXPENSES
| ||||||
6 | Professional Fees and Contract Service Payments;
| ||||||
7 | Supplies;
| ||||||
8 | Telephone and Telegram;
| ||||||
9 | Occupancy;
| ||||||
10 | Local Transportation;
| ||||||
11 | Equipment and Other Fixed Assets, including amortization
| ||||||
12 | of same;
| ||||||
13 | Miscellaneous.
| ||||||
14 | ADMINISTRATIVE COSTS
| ||||||
15 | Program Administration;
| ||||||
16 | Supervision and Consultation;
| ||||||
17 | Inspection and Monitoring for purposes of issuing
| ||||||
18 | licenses;
| ||||||
19 | Determination of Children who are eligible
| ||||||
20 | for federal or other reimbursement;
| ||||||
21 | Postage and Shipping;
| ||||||
22 | Outside Printing, Artwork, etc.;
| ||||||
23 | Subscriptions and Reference Publications;
| ||||||
24 | Management and General Expense.
|
| |||||||
| |||||||
1 | Reimbursement of administrative costs other than inspection | ||||||
2 | and monitoring
for purposes of issuing licenses may not exceed | ||||||
3 | 20% of the costs
for other services.
| ||||||
4 | The Department may offer services to any child or family | ||||||
5 | with respect to whom a report of suspected child abuse or | ||||||
6 | neglect has been called in to the hotline after completion of a | ||||||
7 | family assessment as provided under subsection (a-5) of | ||||||
8 | Section 7.4 of the Abused and Neglected Child Reporting Act | ||||||
9 | and the Department has determined that services are needed to | ||||||
10 | address the safety of the child and other family members and | ||||||
11 | the risk of subsequent maltreatment. Acceptance of such | ||||||
12 | services shall be voluntary. | ||||||
13 | All Object Expenses, Service Activities and Administrative
| ||||||
14 | Costs are allowable.
| ||||||
15 | If a survey instrument is used in the rate setting | ||||||
16 | process:
| ||||||
17 | (a) with respect to any child day care centers, it | ||||||
18 | shall be limited to those
agencies which receive | ||||||
19 | reimbursement from the State;
| ||||||
20 | (b) the cost survey instrument shall be promulgated by | ||||||
21 | rule;
| ||||||
22 | (c) any requirements of the respondents shall be | ||||||
23 | promulgated by rule;
| ||||||
24 | (d) all screens, limits or other tests of | ||||||
25 | reasonableness, allowability
and reimbursability shall be | ||||||
26 | promulgated by rule;
|
| |||||||
| |||||||
1 | (e) adjustments may be made by the Department to rates | ||||||
2 | when it determines
that reported wage and salary levels | ||||||
3 | are insufficient to attract capable
caregivers in | ||||||
4 | sufficient numbers.
| ||||||
5 | The Department of Children and Family Services may pay | ||||||
6 | 100% of the
reasonable costs of research and valuation
focused | ||||||
7 | exclusively on services to youth in care. Such research | ||||||
8 | projects must be approved, in advance, by
the Director of the | ||||||
9 | Department.
| ||||||
10 | In addition to reimbursements otherwise provided for in | ||||||
11 | this Section,
the Department of Human Services shall, in | ||||||
12 | accordance with annual written
agreements, make
advance | ||||||
13 | quarterly disbursements to local public agencies for child day | ||||||
14 | care
services with funds appropriated from the Local Effort | ||||||
15 | Day Care Fund.
| ||||||
16 | Neither the Department of Children and Family Services nor | ||||||
17 | the
Department of Human Services shall pay or approve | ||||||
18 | reimbursement for child
day care in a facility which is | ||||||
19 | operating without a valid license or permit,
except in the | ||||||
20 | case of child day care homes or child day care centers which | ||||||
21 | are exempt from
the licensing requirements of the "Child Care | ||||||
22 | Act of 1969".
| ||||||
23 | (Source: P.A. 100-159, eff. 8-18-17.)
| ||||||
24 | (Text of Section after amendment by P.A. 102-926 )
| ||||||
25 | Sec. 5a.
Reimbursable services for which the Department of |
| |||||||
| |||||||
1 | Children and
Family Services shall pay 100% of the reasonable | ||||||
2 | cost pursuant to a written
contract negotiated between the | ||||||
3 | Department and the agency furnishing the
services (which shall | ||||||
4 | include but not be limited to the determination of
reasonable | ||||||
5 | cost, the services being purchased and the duration of the
| ||||||
6 | agreement) include, but are not limited to:
| ||||||
7 | SERVICE ACTIVITIES
| ||||||
8 | Adjunctive Therapy;
| ||||||
9 | Child Care Service , including day care ;
| ||||||
10 | Clinical Therapy;
| ||||||
11 | Custodial Service;
| ||||||
12 | Field Work Students;
| ||||||
13 | Food Service;
| ||||||
14 | Normal Education;
| ||||||
15 | In-Service Training;
| ||||||
16 | Intake or Evaluation, or both;
| ||||||
17 | Medical Services;
| ||||||
18 | Recreation;
| ||||||
19 | Social Work or Counselling, or both;
| ||||||
20 | Supportive Staff;
| ||||||
21 | Volunteers.
| ||||||
22 | OBJECT EXPENSES
| ||||||
23 | Professional Fees and Contract Service Payments;
| ||||||
24 | Supplies;
|
| |||||||
| |||||||
1 | Telephone and Telegram;
| ||||||
2 | Occupancy;
| ||||||
3 | Local Transportation;
| ||||||
4 | Equipment and Other Fixed Assets, including amortization
| ||||||
5 | of same;
| ||||||
6 | Miscellaneous.
| ||||||
7 | ADMINISTRATIVE COSTS
| ||||||
8 | Program Administration;
| ||||||
9 | Supervision and Consultation;
| ||||||
10 | Inspection and Monitoring for purposes of issuing
| ||||||
11 | licenses;
| ||||||
12 | Determination of Children who are eligible
| ||||||
13 | for federal or other reimbursement;
| ||||||
14 | Postage and Shipping;
| ||||||
15 | Outside Printing, Artwork, etc.;
| ||||||
16 | Subscriptions and Reference Publications;
| ||||||
17 | Management and General Expense.
| ||||||
18 | Reimbursement of administrative costs other than inspection | ||||||
19 | and monitoring
for purposes of issuing licenses may not exceed | ||||||
20 | 20% of the costs
for other services.
| ||||||
21 | The Department may offer services to any child or family | ||||||
22 | with respect to whom a report of suspected child abuse or | ||||||
23 | neglect has been called in to the hotline after completion of a | ||||||
24 | family assessment as provided under subsection (a-5) of | ||||||
25 | Section 7.4 of the Abused and Neglected Child Reporting Act |
| |||||||
| |||||||
1 | and the Department has determined that services are needed to | ||||||
2 | address the safety of the child and other family members and | ||||||
3 | the risk of subsequent maltreatment. Acceptance of such | ||||||
4 | services shall be voluntary. | ||||||
5 | All Object Expenses, Service Activities and Administrative
| ||||||
6 | Costs are allowable.
| ||||||
7 | If a survey instrument is used in the rate setting | ||||||
8 | process:
| ||||||
9 | (a) with respect to any child day care centers, it | ||||||
10 | shall be limited to those
agencies which receive | ||||||
11 | reimbursement from the State;
| ||||||
12 | (b) the cost survey instrument shall be promulgated by | ||||||
13 | rule;
| ||||||
14 | (c) any requirements of the respondents shall be | ||||||
15 | promulgated by rule;
| ||||||
16 | (d) all screens, limits or other tests of | ||||||
17 | reasonableness, allowability
and reimbursability shall be | ||||||
18 | promulgated by rule;
| ||||||
19 | (e) adjustments may be made by the Department to rates | ||||||
20 | when it determines
that reported wage and salary levels | ||||||
21 | are insufficient to attract capable
caregivers in | ||||||
22 | sufficient numbers.
| ||||||
23 | The Department of Children and Family Services may pay | ||||||
24 | 100% of the
reasonable costs of research and valuation
focused | ||||||
25 | exclusively on services to youth in care. Such research | ||||||
26 | projects must be approved, in advance, by
the Director of the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | In addition to reimbursements otherwise provided for in | ||||||
3 | this Section,
the Department of Human Services shall, in | ||||||
4 | accordance with annual written
agreements, make
advance | ||||||
5 | quarterly disbursements to local public agencies for child day | ||||||
6 | care
services with funds appropriated from the Local Effort | ||||||
7 | Day Care Fund.
| ||||||
8 | Neither the Department of Children and Family Services nor | ||||||
9 | the
Department of Human Services shall pay or approve | ||||||
10 | reimbursement for child
day care in a facility which is | ||||||
11 | operating without a valid license or permit,
except in the | ||||||
12 | case of child day care homes or child day care centers which | ||||||
13 | are exempt from
the licensing requirements of the "Child Care | ||||||
14 | Act of 1969".
| ||||||
15 | The rates paid to child day care providers by the | ||||||
16 | Department of Children and Family Services shall match the | ||||||
17 | rates paid to child care providers by the Department of Human | ||||||
18 | Services under the child care assistance program, including | ||||||
19 | base rates and any relevant rate enhancements. | ||||||
20 | (Source: P.A. 102-926, eff. 7-1-23.)
| ||||||
21 | (20 ILCS 505/5.15)
| ||||||
22 | Sec. 5.15. Child care Daycare ; Department of Human | ||||||
23 | Services.
| ||||||
24 | (a) For the purpose of ensuring effective statewide | ||||||
25 | planning,
development, and utilization of resources for the |
| |||||||
| |||||||
1 | child day care of children,
operated under various auspices, | ||||||
2 | the Department of Human Services is designated
to
coordinate | ||||||
3 | all child day care activities for children of the State and | ||||||
4 | shall
develop or continue, and shall update every year,
a | ||||||
5 | State comprehensive child care day-care plan for submission to | ||||||
6 | the
Governor that identifies high-priority areas and groups, | ||||||
7 | relating them
to available resources and identifying the most | ||||||
8 | effective approaches to
the use of existing child day care | ||||||
9 | services. The State comprehensive child care day-care
plan | ||||||
10 | shall be made available to the General Assembly following the
| ||||||
11 | Governor's approval of the plan.
| ||||||
12 | The plan shall include methods and procedures for the | ||||||
13 | development of
additional child day care resources for | ||||||
14 | children to meet the goal of reducing
short-run and long-run | ||||||
15 | dependency and to provide necessary enrichment and
stimulation | ||||||
16 | to the education of young children. Recommendations shall be
| ||||||
17 | made for State policy on optimum use of private and public, | ||||||
18 | local, State
and federal resources, including an estimate of | ||||||
19 | the resources needed for
the licensing and regulation of child | ||||||
20 | day care facilities.
| ||||||
21 | A written report shall be submitted to the Governor and | ||||||
22 | the General
Assembly annually on April 15. The report shall | ||||||
23 | include an
evaluation of
developments over the preceding | ||||||
24 | fiscal year, including cost-benefit
analyses of various | ||||||
25 | arrangements. Beginning with the report in 1990 submitted
by | ||||||
26 | the Department's predecessor agency and every
2 years |
| |||||||
| |||||||
1 | thereafter, the report shall also include the following:
| ||||||
2 | (1) An assessment of the child care services, needs | ||||||
3 | and
available resources throughout the State and an | ||||||
4 | assessment of the adequacy
of existing child care | ||||||
5 | services, including, but not limited to, services
assisted | ||||||
6 | under this Act and under any other program administered by | ||||||
7 | other
State agencies.
| ||||||
8 | (2) A survey of child day care facilities to determine | ||||||
9 | the
number of qualified caregivers, as defined by rule, | ||||||
10 | attracted to vacant
positions and any problems encountered | ||||||
11 | by facilities in attracting and
retaining capable | ||||||
12 | caregivers. The report shall include an assessment, based
| ||||||
13 | on the
survey, of improvements in employee benefits that | ||||||
14 | may attract capable
caregivers.
| ||||||
15 | (3) The average wages and salaries and fringe benefit
| ||||||
16 | packages paid to caregivers throughout the State,
computed | ||||||
17 | on a regional basis, compared to similarly qualified | ||||||
18 | employees in
other but related fields.
| ||||||
19 | (4) The qualifications of new caregivers hired at
| ||||||
20 | licensed child day care facilities during the previous | ||||||
21 | 2-year period.
| ||||||
22 | (5) Recommendations for increasing caregiver wages and
| ||||||
23 | salaries to ensure quality care for children.
| ||||||
24 | (6) Evaluation of the fee structure and income
| ||||||
25 | eligibility for child care subsidized by the State.
| ||||||
26 | The requirement for reporting to the General Assembly |
| |||||||
| |||||||
1 | shall be satisfied
by filing copies of the report
as required | ||||||
2 | by Section 3.1 of the General Assembly Organization Act,
and | ||||||
3 | filing such additional copies with the
State Government Report | ||||||
4 | Distribution Center for the General Assembly as is
required | ||||||
5 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
6 | (b) The Department of Human Services shall establish | ||||||
7 | policies and procedures
for
developing and implementing | ||||||
8 | interagency agreements with other
agencies of
the State | ||||||
9 | providing child care services or reimbursement for such | ||||||
10 | services.
The plans shall be annually reviewed and modified | ||||||
11 | for the purpose of
addressing issues of applicability and | ||||||
12 | service system barriers.
| ||||||
13 | (c) In cooperation with other State agencies, the | ||||||
14 | Department of Human
Services shall develop and implement, or | ||||||
15 | shall continue, a
resource and referral system for the
State | ||||||
16 | of Illinois either within the Department or by contract with | ||||||
17 | local or
regional agencies. Funding for implementation of this | ||||||
18 | system may be
provided through Department appropriations or | ||||||
19 | other inter-agency funding
arrangements. The resource and | ||||||
20 | referral system shall provide at least the
following services:
| ||||||
21 | (1) Assembling and maintaining a data base on the | ||||||
22 | supply
of child care services.
| ||||||
23 | (2) Providing information and referrals for parents.
| ||||||
24 | (3) Coordinating the development of new child care | ||||||
25 | resources.
| ||||||
26 | (4) Providing technical assistance and training to |
| |||||||
| |||||||
1 | child
care service providers.
| ||||||
2 | (5) Recording and analyzing the demand for child care | ||||||
3 | services.
| ||||||
4 | (d) The Department of Human Services shall conduct child | ||||||
5 | day care planning
activities with the following priorities:
| ||||||
6 | (1) Development of voluntary child day care resources
| ||||||
7 | wherever possible, with the provision for grants-in-aid | ||||||
8 | only where
demonstrated to be useful and necessary as | ||||||
9 | incentives or supports.
By January 1, 2002, the Department | ||||||
10 | shall design a plan to create more child
care slots as well | ||||||
11 | as goals and timetables to improve quality and | ||||||
12 | accessibility
of child care.
| ||||||
13 | (2) Emphasis on service to children of recipients of
| ||||||
14 | public assistance when such service will allow training or | ||||||
15 | employment of
the parent toward achieving the goal of | ||||||
16 | independence.
| ||||||
17 | (3) (Blank).
| ||||||
18 | (4) Care of children from families in stress and | ||||||
19 | crises
whose members potentially may become, or are in | ||||||
20 | danger of becoming,
non-productive and dependent.
| ||||||
21 | (5) Expansion of family child day care facilities | ||||||
22 | wherever possible.
| ||||||
23 | (6) Location of centers in economically depressed
| ||||||
24 | neighborhoods, preferably in multi-service centers with | ||||||
25 | cooperation of
other agencies.
The Department shall | ||||||
26 | coordinate the provision of grants, but only to the
extent
|
| |||||||
| |||||||
1 | funds are specifically appropriated for this purpose,
to | ||||||
2 | encourage the
creation and expansion of child care centers | ||||||
3 | in high need communities to be
issued by the State, | ||||||
4 | business, and local governments.
| ||||||
5 | (7) Use of existing facilities free of charge or for
| ||||||
6 | reasonable rental whenever possible in lieu of | ||||||
7 | construction.
| ||||||
8 | (8) Development of strategies for assuring a more
| ||||||
9 | complete range of child day care options, including | ||||||
10 | provision of child day care
services in homes, in schools, | ||||||
11 | or in centers, which will enable a parent or
parents to | ||||||
12 | complete a course of education or obtain or maintain | ||||||
13 | employment
and the creation of more child care options for | ||||||
14 | swing shift, evening, and
weekend workers and for working | ||||||
15 | women with sick children. The Department shall
encourage | ||||||
16 | companies to provide child care in their own offices or in | ||||||
17 | the
building in which the corporation is located so that | ||||||
18 | employees of all the
building's tenants can benefit from | ||||||
19 | the facility.
| ||||||
20 | (9) Development of strategies for subsidizing students | ||||||
21 | pursuing degrees
in the child care field.
| ||||||
22 | (10) Continuation and expansion of service programs | ||||||
23 | that assist
teen parents to continue and complete their | ||||||
24 | education.
| ||||||
25 | Emphasis shall be given to support services that will help | ||||||
26 | to ensure
such parents' graduation from high school and to |
| |||||||
| |||||||
1 | services for participants
in any programs of job training | ||||||
2 | conducted
by the
Department.
| ||||||
3 | (e) The Department of Human Services shall actively | ||||||
4 | stimulate the
development of public and private resources at | ||||||
5 | the local level. It shall also
seek the fullest utilization of | ||||||
6 | federal funds directly or indirectly available
to the | ||||||
7 | Department.
| ||||||
8 | Where appropriate, existing non-governmental agencies or
| ||||||
9 | associations shall be involved in planning by the Department.
| ||||||
10 | (f) To better accommodate the child care needs of low | ||||||
11 | income working
families, especially those who receive | ||||||
12 | Temporary Assistance for Needy Families
(TANF) or who are | ||||||
13 | transitioning from TANF to work, or who are at risk of
| ||||||
14 | depending on TANF in the absence of child care, the Department | ||||||
15 | shall complete a
study using outcome-based assessment | ||||||
16 | measurements to analyze the various types
of child care needs, | ||||||
17 | including but not limited to: child care homes; child care
| ||||||
18 | facilities; before and after school care; and evening and | ||||||
19 | weekend care. Based
upon
the findings of the study, the | ||||||
20 | Department shall develop a plan by April 15,
1998, that | ||||||
21 | identifies the various types of child care needs within | ||||||
22 | various
geographic locations. The plan shall include, but not | ||||||
23 | be limited to, the
special needs of parents and guardians in | ||||||
24 | need of non-traditional child care
services such as early | ||||||
25 | mornings, evenings, and weekends; the needs of very low
income | ||||||
26 | families and children and how they might be better served; and
|
| |||||||
| |||||||
1 | strategies to assist child care providers to meet the needs | ||||||
2 | and schedules of
low income families.
| ||||||
3 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
4 | (20 ILCS 505/21) (from Ch. 23, par. 5021)
| ||||||
5 | Sec. 21. Investigative powers; training.
| ||||||
6 | (a) To make such investigations as it may deem necessary | ||||||
7 | to the
performance of its duties.
| ||||||
8 | (b) In the course of any such investigation any
qualified | ||||||
9 | person authorized by the Director may administer oaths and | ||||||
10 | secure
by its subpoena both the attendance and testimony of | ||||||
11 | witnesses and the
production of books and papers relevant to | ||||||
12 | such investigation. Any person
who is served with a subpoena | ||||||
13 | by the Department to appear and testify or to
produce books and | ||||||
14 | papers, in the course of an investigation authorized by
law, | ||||||
15 | and who refuses or neglects to appear, or to testify, or to | ||||||
16 | produce
books and papers relevant to such investigation, as | ||||||
17 | commanded in such
subpoena, shall be guilty of a Class B | ||||||
18 | misdemeanor. The fees of witnesses
for attendance and travel | ||||||
19 | shall be the same as the fees of witnesses before
the circuit | ||||||
20 | courts of this State. Any circuit court of this State, upon
| ||||||
21 | application of the person requesting the hearing or the | ||||||
22 | Department, may
compel the attendance of witnesses, the
| ||||||
23 | production of books and papers, and giving of testimony
before | ||||||
24 | the Department or before any authorized officer or employee | ||||||
25 | thereof,
by an attachment for contempt or otherwise, in the |
| |||||||
| |||||||
1 | same manner as
production of evidence may be compelled before | ||||||
2 | such court. Every person
who, having taken an oath or made | ||||||
3 | affirmation before the Department or any
authorized officer or | ||||||
4 | employee thereof, shall willfully swear or affirm
falsely, | ||||||
5 | shall be guilty of perjury and upon conviction shall be | ||||||
6 | punished
accordingly.
| ||||||
7 | (c) Investigations initiated under this Section shall | ||||||
8 | provide
individuals due process of law, including the right to | ||||||
9 | a hearing, to
cross-examine witnesses, to obtain relevant | ||||||
10 | documents, and to present
evidence. Administrative findings | ||||||
11 | shall be subject to the provisions of the
Administrative | ||||||
12 | Review Law.
| ||||||
13 | (d) Beginning July 1, 1988, any child protective | ||||||
14 | investigator or
supervisor or child welfare specialist or | ||||||
15 | supervisor employed by the
Department on the
effective date of | ||||||
16 | this amendatory Act of 1987
shall have completed a training | ||||||
17 | program which shall be instituted by the
Department. The
| ||||||
18 | training program shall include, but not be limited to, the | ||||||
19 | following: (1)
training in the detection of symptoms of child | ||||||
20 | neglect and drug abuse; (2)
specialized training for dealing | ||||||
21 | with families and children of drug
abusers; and (3) specific | ||||||
22 | training in child development, family dynamics
and interview | ||||||
23 | techniques. Such program shall conform to the criteria and
| ||||||
24 | curriculum developed under Section 4 of the Child Protective | ||||||
25 | Investigator
and Child Welfare Specialist Certification
Act of | ||||||
26 | 1987. Failure to complete such training due to lack of
|
| |||||||
| |||||||
1 | opportunity provided by the Department shall in no way be | ||||||
2 | grounds for any
disciplinary or other action against an | ||||||
3 | investigator or a specialist.
| ||||||
4 | The Department shall develop a continuous inservice staff | ||||||
5 | development
program and evaluation system. Each child | ||||||
6 | protective investigator and
supervisor and child welfare | ||||||
7 | specialist and supervisor shall participate in
such program | ||||||
8 | and evaluation and shall complete a minimum of 20 hours of
| ||||||
9 | inservice education and training every 2 years in order to | ||||||
10 | maintain certification.
| ||||||
11 | Any child protective investigator or child protective | ||||||
12 | supervisor,
or child welfare specialist or child welfare | ||||||
13 | specialist supervisor
hired by
the Department who begins his
| ||||||
14 | actual
employment after the effective date of this amendatory | ||||||
15 | Act of 1987, shall
be certified
pursuant
to the Child | ||||||
16 | Protective Investigator and Child Welfare Specialist
| ||||||
17 | Certification Act of 1987 before he
begins such employment. | ||||||
18 | Nothing in this Act shall replace or diminish the
rights of | ||||||
19 | employees under the Illinois Public Labor Relations Act, as
| ||||||
20 | amended, or the National Labor Relations Act. In the event of | ||||||
21 | any conflict
between either of those Acts, or any collective
| ||||||
22 | bargaining agreement negotiated thereunder, and the provisions | ||||||
23 | of subsections
(d) and (e), the former shall prevail and | ||||||
24 | control.
| ||||||
25 | (e) The Department shall develop and implement the | ||||||
26 | following:
|
| |||||||
| |||||||
1 | (1) A
standardized child endangerment risk assessment | ||||||
2 | protocol.
| ||||||
3 | (2) Related training
procedures.
| ||||||
4 | (3) A standardized method for demonstration of
| ||||||
5 | proficiency in
application of the protocol.
| ||||||
6 | (4) An evaluation of the reliability and
validity of | ||||||
7 | the protocol.
| ||||||
8 | All child protective investigators and supervisors
and child | ||||||
9 | welfare specialists and supervisors employed by the Department | ||||||
10 | or its
contractors shall be required, subsequent to the | ||||||
11 | availability of training under
this Act, to demonstrate | ||||||
12 | proficiency in application of the protocol previous to
being | ||||||
13 | permitted to make decisions about the degree of risk posed to | ||||||
14 | children
for whom they are responsible. The Department shall | ||||||
15 | establish a
multi-disciplinary advisory committee
appointed by | ||||||
16 | the Director, including but not limited to representatives | ||||||
17 | from
the fields of child development, domestic violence, | ||||||
18 | family systems, juvenile
justice, law enforcement, health | ||||||
19 | care, mental health, substance abuse, and
social service to | ||||||
20 | advise the Department and its related contractors in the
| ||||||
21 | development and implementation of the child
endangerment risk | ||||||
22 | assessment protocol, related training, method for
| ||||||
23 | demonstration of proficiency in application of the protocol, | ||||||
24 | and evaluation of
the reliability and validity of the | ||||||
25 | protocol. The Department shall develop the
protocol, training | ||||||
26 | curriculum, method for demonstration of proficiency in
|
| |||||||
| |||||||
1 | application of the protocol and method for evaluation of the | ||||||
2 | reliability and
validity of the protocol by July 1, 1995. | ||||||
3 | Training and demonstration of
proficiency in application of | ||||||
4 | the child endangerment risk assessment protocol
for all child | ||||||
5 | protective investigators and supervisors and child welfare
| ||||||
6 | specialists and
supervisors
shall be completed
as soon as | ||||||
7 | practicable, but no later than January 1, 1996. The Department
| ||||||
8 | shall submit
to
the General Assembly on or before May 1, 1996, | ||||||
9 | and every year thereafter, an
annual report on the evaluation | ||||||
10 | of the reliability and validity of the child
endangerment risk | ||||||
11 | assessment protocol. The Department shall contract with a
not | ||||||
12 | for profit organization with demonstrated expertise in the | ||||||
13 | field of child
endangerment risk assessment to assist in the | ||||||
14 | development and implementation of
the child endangerment risk | ||||||
15 | assessment protocol, related training, method for
| ||||||
16 | demonstration of proficiency in application of the protocol, | ||||||
17 | and evaluation of
the reliability and validity of the | ||||||
18 | protocol.
| ||||||
19 | (f) The Department shall provide each parent or guardian | ||||||
20 | and responsible adult caregiver participating in a safety plan | ||||||
21 | a copy of the written safety plan as signed by each parent or | ||||||
22 | guardian and responsible adult caregiver and by a | ||||||
23 | representative of the Department. The Department shall also | ||||||
24 | provide each parent or guardian and responsible adult | ||||||
25 | caregiver safety plan information on their rights and | ||||||
26 | responsibilities that shall include, but need not be limited |
| |||||||
| |||||||
1 | to, information on how to obtain medical care, emergency phone | ||||||
2 | numbers, and information on how to notify schools or child day | ||||||
3 | care providers as appropriate. The Department's representative | ||||||
4 | shall ensure that the safety plan is reviewed and approved by | ||||||
5 | the child protection supervisor. | ||||||
6 | (Source: P.A. 98-830, eff. 1-1-15 .)
| ||||||
7 | (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
| ||||||
8 | Sec. 22.1. Grants-in-aid for child care services; | ||||||
9 | Department of Human
Services. | ||||||
10 | (a) Blank.
| ||||||
11 | (b) Blank.
| ||||||
12 | (c) The Department of Human Services shall
establish and
| ||||||
13 | operate child day care facilities for the children of migrant | ||||||
14 | workers in areas of
the State where they are needed. The | ||||||
15 | Department may provide these child day care
services by | ||||||
16 | contracting with private centers if practicable. "Migrant
| ||||||
17 | worker"
means any person who moves seasonally from one place | ||||||
18 | to another, within or
without the State, for the purpose of | ||||||
19 | employment in agricultural
activities.
| ||||||
20 | (Source: P.A. 97-516, eff. 8-23-11.)
| ||||||
21 | (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
| ||||||
22 | Sec. 22.4.
Low-interest loans for child care facilities; | ||||||
23 | Department of
Human Services. The Department of Human Services | ||||||
24 | may establish, with
financing to be provided
through the |
| |||||||
| |||||||
1 | issuance of bonds by the Illinois Finance Authority
pursuant | ||||||
2 | to the Illinois Finance Authority Act, a low-interest loan | ||||||
3 | program to help child care centers
and family child day care | ||||||
4 | homes accomplish the following:
| ||||||
5 | (a) establish a child care program;
| ||||||
6 | (b) meet federal, State and local child care standards | ||||||
7 | as well as any
applicable health and safety standards; or
| ||||||
8 | (c) build facilities or renovate or expand existing | ||||||
9 | facilities.
| ||||||
10 | Such loans shall be available only to child care centers | ||||||
11 | and family child day
care homes serving children of low income | ||||||
12 | families.
| ||||||
13 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
14 | Section 20. The Department of Commerce and Economic | ||||||
15 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
16 | is amended by changing Section 605-1050 as follows: | ||||||
17 | (20 ILCS 605/605-1050) | ||||||
18 | Sec. 605-1050. Coronavirus Back to Business Grant Program | ||||||
19 | (or Back to Business Program). | ||||||
20 | (a) Purpose. The Department may receive State funds and, | ||||||
21 | directly or indirectly, federal funds under the authority of | ||||||
22 | legislation passed in response to the Coronavirus epidemic | ||||||
23 | including, but not limited to, the Coronavirus Aid, Relief, | ||||||
24 | and Economic Security Act, P.L. 116-136 (the "CARES Act") and |
| |||||||
| |||||||
1 | the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA | ||||||
2 | Act"); such funds shall be used in accordance with the CARES | ||||||
3 | Act and ARPA Act legislation and published guidance. Section | ||||||
4 | 5001 of the CARES Act establishes the Coronavirus Relief Fund, | ||||||
5 | which authorizes the State to expend funds that are necessary | ||||||
6 | to respond to the COVID-19 public health emergency. The | ||||||
7 | financial support of Qualifying Businesses is a necessary | ||||||
8 | expense under federal guidance for implementing Section 5001 | ||||||
9 | of the CARES Act. Upon receipt or availability of such State or | ||||||
10 | federal funds, and subject to appropriations for their use, | ||||||
11 | the Department shall administer a program to provide financial | ||||||
12 | assistance to Qualifying Businesses that have experienced | ||||||
13 | interruption of business or other adverse conditions | ||||||
14 | attributable to the COVID-19 public health emergency. Support | ||||||
15 | may be provided directly by the Department to businesses and | ||||||
16 | organizations or in cooperation with a Qualified Partner. | ||||||
17 | Financial assistance may include, but not be limited to | ||||||
18 | grants, expense reimbursements, or subsidies. | ||||||
19 | (b) From appropriations for the Back to Business Program, | ||||||
20 | up to $60,000,000 may be allotted to the repayment or | ||||||
21 | conversion of Eligible Loans made pursuant to the Department's | ||||||
22 | Emergency Loan Fund Program. An Eligible Loan may be repaid or | ||||||
23 | converted through a grant payment, subsidy, or reimbursement | ||||||
24 | payment to the recipient or, on behalf of the recipient, to the | ||||||
25 | Qualified Partner, or by any other lawful method. | ||||||
26 | (c) From appropriations for the Back to Business Program, |
| |||||||
| |||||||
1 | the Department shall provide financial assistance through | ||||||
2 | grants, expense reimbursements, or subsidies to Qualifying | ||||||
3 | Businesses or a Qualified Partner to cover expenses or losses | ||||||
4 | incurred due to the COVID-19 public health emergency or for | ||||||
5 | start-up costs of a new Qualifying Business. All spending | ||||||
6 | related to this program from federal funds must be | ||||||
7 | reimbursable by the Federal Coronavirus Relief Fund in | ||||||
8 | accordance with Section 5001 of the federal CARES Act, the | ||||||
9 | ARPA Act, and any related federal guidance, or the provisions | ||||||
10 | of any other federal source supporting the program. | ||||||
11 | (d) As more fully described in subsection (c), funds will | ||||||
12 | be appropriated to the Back to Business Program for | ||||||
13 | distribution to or on behalf of Qualifying Businesses. Of the | ||||||
14 | funds appropriated, a minimum of 40% shall be allotted for | ||||||
15 | Qualifying Businesses with ZIP codes located in the most | ||||||
16 | disproportionately impacted areas of Illinois, based on | ||||||
17 | positive COVID-19 cases. | ||||||
18 | (e) The Department shall coordinate with the Department of | ||||||
19 | Human Services with respect to making grants, expense | ||||||
20 | reimbursements or subsidies to any child care or day care | ||||||
21 | provider providing services under Section 9A-11 of the | ||||||
22 | Illinois Public Aid Code to determine what resources the | ||||||
23 | Department of Human Services may be providing to a child care | ||||||
24 | or day care provider under Section 9A-11 of the Illinois | ||||||
25 | Public Aid Code. | ||||||
26 | (f) The Department may establish by rule administrative |
| |||||||
| |||||||
1 | procedures for the grant program, including any application | ||||||
2 | procedures, grant agreements, certifications, payment | ||||||
3 | methodologies, and other accountability measures that may be | ||||||
4 | imposed upon participants in the program. The emergency | ||||||
5 | rulemaking process may be used to promulgate the initial rules | ||||||
6 | of the grant program and any amendments to the rules following | ||||||
7 | the effective date of this amendatory Act of the 102nd General | ||||||
8 | Assembly. | ||||||
9 | (g) Definitions. As used in this Section: | ||||||
10 | (1) "COVID-19" means the novel coronavirus disease | ||||||
11 | deemed COVID-19 by the World Health Organization on | ||||||
12 | February 11, 2020. | ||||||
13 | (2) "Qualifying Business" means a business or | ||||||
14 | organization that has experienced or is experiencing | ||||||
15 | business interruption or other adverse conditions due to | ||||||
16 | the COVID-19 public health emergency, and includes a new | ||||||
17 | business or organization started after March 1, 2020 in | ||||||
18 | the midst of adverse conditions due to the COVID-19 public | ||||||
19 | health emergency. | ||||||
20 | (3) "Eligible Loan" means a loan of up to $50,000 that | ||||||
21 | was deemed eligible for funding under the Department's | ||||||
22 | Emergency Loan Fund Program and for which repayment will | ||||||
23 | be eligible for reimbursement from Coronavirus Relief Fund | ||||||
24 | monies pursuant to Section 5001 of the federal CARES Act | ||||||
25 | or the ARPA Act and any related federal guidance. | ||||||
26 | (4) "Emergency Loan Fund Program", also referred to as |
| |||||||
| |||||||
1 | the "COVID-19 Emergency Relief Program", is a program | ||||||
2 | executed by the Department by which the State Small | ||||||
3 | Business Credit Initiative fund is utilized to guarantee | ||||||
4 | loans released by a financial intermediary or Qualified | ||||||
5 | Partner. | ||||||
6 | (5) "Qualified Partner" means a financial institution | ||||||
7 | or nonprofit with which the Department has entered into an | ||||||
8 | agreement or contract to provide or incentivize assistance | ||||||
9 | to Qualifying Businesses. | ||||||
10 | (h) Powers of the Department. The Department has the power | ||||||
11 | to: | ||||||
12 | (1) provide grants, subsidies and expense | ||||||
13 | reimbursements to Qualifying Businesses or, on behalf of | ||||||
14 | Qualifying Businesses, to Qualifying Partners from | ||||||
15 | appropriations to cover Qualifying Businesses eligible | ||||||
16 | costs or losses incurred due to the COVID-19 public health | ||||||
17 | emergency, including losses caused by business | ||||||
18 | interruption or closure and including start-up costs for | ||||||
19 | new Qualifying Businesses; | ||||||
20 | (2) enter into agreements, accept funds, issue grants, | ||||||
21 | and engage in cooperation with agencies of the federal | ||||||
22 | government, units of local government, financial | ||||||
23 | institutions, and nonprofit organizations to carry out the | ||||||
24 | purposes of this Program, and to use funds appropriated | ||||||
25 | for the Back to Business Program; | ||||||
26 | (3) prepare forms for application, notification, |
| |||||||
| |||||||
1 | contract, and other matters, and establish procedures, | ||||||
2 | rules, or regulations deemed necessary and appropriate to | ||||||
3 | carry out the provisions of this Section; | ||||||
4 | (4) provide staff, administration, and related support | ||||||
5 | required to manage the Back to Business Program and pay | ||||||
6 | for the staffing, administration, and related support; | ||||||
7 | (5) using data provided by the Illinois Department of | ||||||
8 | Public Health and other reputable sources, determine which | ||||||
9 | geographic regions in Illinois have been most | ||||||
10 | disproportionately impacted by the COVID-19 public health | ||||||
11 | emergency, considering factors of positive cases, positive | ||||||
12 | case rates, and economic impact; and | ||||||
13 | (6) determine which industries and businesses in | ||||||
14 | Illinois have been most disproportionately impacted by the | ||||||
15 | COVID-19 public health emergency and establish procedures | ||||||
16 | that prioritize greatly impacted industries and | ||||||
17 | businesses, as well as Qualifying Businesses that did not | ||||||
18 | receive paycheck protection program assistance.
| ||||||
19 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.) | ||||||
20 | Section 25. The Illinois Enterprise Zone Act is amended by | ||||||
21 | changing Section 8 as follows:
| ||||||
22 | (20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
| ||||||
23 | Sec. 8. Zone Administration. The administration of an | ||||||
24 | Enterprise Zone
shall be under the jurisdiction of the |
| |||||||
| |||||||
1 | designating municipality or county.
Each designating | ||||||
2 | municipality or county shall, by ordinance, designate a
Zone | ||||||
3 | Administrator for the certified zones within its jurisdiction. | ||||||
4 | A Zone
Administrator must be an officer or employee of the | ||||||
5 | municipality or county.
The Zone Administrator shall be the | ||||||
6 | liaison between the designating
municipality or county, the | ||||||
7 | Department, and any designated zone organizations
within zones | ||||||
8 | under his jurisdiction.
| ||||||
9 | A designating municipality or county may designate one or | ||||||
10 | more organizations
qualified under paragraph (d) of Section 3 | ||||||
11 | to be designated zone organizations
for purposes
of this Act. | ||||||
12 | The municipality or county, may, by ordinance, delegate | ||||||
13 | functions
within an Enterprise Zone to one or more designated | ||||||
14 | zone organizations in such zones.
| ||||||
15 | Subject to the necessary governmental authorizations, | ||||||
16 | designated zone
organizations
may provide the following | ||||||
17 | services or perform the following functions in
coordination | ||||||
18 | with the municipality or county:
| ||||||
19 | (a) Provide or contract for provision of public services | ||||||
20 | including, but
not limited to:
| ||||||
21 | (1) establishment of crime watch patrols within zone | ||||||
22 | neighborhoods;
| ||||||
23 | (2) establishment of volunteer child day care centers;
| ||||||
24 | (3) organization of recreational activities for zone | ||||||
25 | area youth;
| ||||||
26 | (4) garbage collection;
|
| |||||||
| |||||||
1 | (5) street maintenance and improvements;
| ||||||
2 | (6) bridge maintenance and improvements;
| ||||||
3 | (7) maintenance and improvement of water and sewer | ||||||
4 | lines;
| ||||||
5 | (8) energy conservation projects;
| ||||||
6 | (9) health and clinic services;
| ||||||
7 | (10) drug abuse programs;
| ||||||
8 | (11) senior citizen assistance programs;
| ||||||
9 | (12) park maintenance;
| ||||||
10 | (13) rehabilitation, renovation, and operation and | ||||||
11 | maintenance of low and
moderate income housing; and
| ||||||
12 | (14) other types of public services as provided by law | ||||||
13 | or
regulation.
| ||||||
14 | (b) Exercise authority for the enforcement of any code, | ||||||
15 | permit, or licensing
procedure within an Enterprise Zone.
| ||||||
16 | (c) Provide a forum for business, labor and government | ||||||
17 | action on zone
innovations.
| ||||||
18 | (d) Apply for regulatory relief as provided in Section 8 | ||||||
19 | of this
Act.
| ||||||
20 | (e) Receive title to publicly owned land.
| ||||||
21 | (f) Perform such other functions as the responsible | ||||||
22 | government entity
may deem appropriate, including offerings | ||||||
23 | and contracts for insurance with
businesses within the Zone.
| ||||||
24 | (g) Agree with local governments to provide such public | ||||||
25 | services within
the zones by contracting with private firms | ||||||
26 | and organizations, where feasible
and prudent.
|
| |||||||
| |||||||
1 | (h) Solicit and receive contributions to improve the | ||||||
2 | quality of life in
the Enterprise Zone.
| ||||||
3 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
4 | Section 30. The Department of Human Services Act is | ||||||
5 | amended by changing Sections 1-75 and 10-22 as follows: | ||||||
6 | (20 ILCS 1305/1-75) | ||||||
7 | Sec. 1-75. Off-Hours Child Care Program. | ||||||
8 | (a) Legislative intent. The General Assembly finds that: | ||||||
9 | (1) Finding child care can be a challenge for | ||||||
10 | firefighters, paramedics, police officers, nurses, and | ||||||
11 | other third shift workers across the State who often work | ||||||
12 | non-typical work hours. This can impact home life, school, | ||||||
13 | bedtime routines, job safety, and the mental health of | ||||||
14 | some of our most critical front line workers and their | ||||||
15 | families. | ||||||
16 | (2) There is a need for increased options for | ||||||
17 | off-hours child care in the State. A majority of the | ||||||
18 | State's child care facilities do not provide care outside | ||||||
19 | of normal work hours, with just 3,251 child day care homes | ||||||
20 | and 435 group child day care homes that provide night | ||||||
21 | care. | ||||||
22 | (3) Illinois has a vested interest in ensuring that | ||||||
23 | our first responders and working families can provide | ||||||
24 | their children with appropriate care during off hours to |
| |||||||
| |||||||
1 | improve the morale of existing first responders and to | ||||||
2 | improve recruitment into the future. | ||||||
3 | (b) As used in this Section, "first responders" means | ||||||
4 | emergency medical services personnel as defined in the | ||||||
5 | Emergency Medical Services (EMS) Systems Act, firefighters, | ||||||
6 | law enforcement officers, and, as determined by the | ||||||
7 | Department, any other workers who, on account of their work | ||||||
8 | schedule, need child care outside of the hours when licensed | ||||||
9 | child care
facilities typically operate. | ||||||
10 | (c) Subject to appropriation, the Department of Human | ||||||
11 | Services shall establish and administer an Off-Hours Child | ||||||
12 | Care Program to help first responders and other workers | ||||||
13 | identify and access off-hours, night, or sleep time child | ||||||
14 | care. Services funded under the program must address the child | ||||||
15 | care needs of first responders. Funding provided under the | ||||||
16 | program may also be used to cover any capital and operating | ||||||
17 | expenses related to the provision of off-hours, night, or | ||||||
18 | sleep time child care for first responders. Funding awarded | ||||||
19 | under this Section shall be funded through appropriations from | ||||||
20 | the Off-Hours Child Care Program Fund created under subsection | ||||||
21 | (d). The Department shall implement the program by July 1, | ||||||
22 | 2023. The Department may adopt any
rules necessary to | ||||||
23 | implement the program. | ||||||
24 | (d) The Off-Hours Child Care Program Fund is created as a | ||||||
25 | special fund in the State treasury. The Fund shall consist of | ||||||
26 | any moneys appropriated to the Department of Human Services |
| |||||||
| |||||||
1 | for the Off-Hours Child Care Program. Moneys in the Fund shall | ||||||
2 | be expended for the Off-Hours Child Care Program and for no | ||||||
3 | other purpose. All interest earned on moneys in the Fund shall | ||||||
4 | be deposited into the Fund.
| ||||||
5 | (Source: P.A. 102-912, eff. 5-27-22.)
| ||||||
6 | (20 ILCS 1305/10-22)
| ||||||
7 | Sec. 10-22. Great START program.
| ||||||
8 | (a) The Department of
Human Services shall,
subject to a | ||||||
9 | specific appropriation for
this purpose, operate a Great START | ||||||
10 | (Strategy To Attract and Retain
Teachers) program. The goal of | ||||||
11 | the program is
to improve children's developmental and | ||||||
12 | educational outcomes in child care by
encouraging
increased | ||||||
13 | professional preparation by staff and
staff retention. The | ||||||
14 | Great START program shall coordinate with the TEACH
| ||||||
15 | professional development program.
| ||||||
16 | The program shall provide wage supplements and may include | ||||||
17 | other incentives
to licensed child care center
personnel, | ||||||
18 | including early childhood
teachers, school-age workers, early | ||||||
19 | childhood assistants, school-age
assistants, and directors, as | ||||||
20 | such positions are defined by
administrative rule of the | ||||||
21 | Department of Children and Family Services. The
program shall | ||||||
22 | provide wage supplements and may include other incentives to
| ||||||
23 | licensed family child day care home personnel and licensed | ||||||
24 | group child day care home
personnel,
including caregivers and | ||||||
25 | assistants as such positions are
defined by administrative |
| |||||||
| |||||||
1 | rule of the Department of Children and Family
Services. | ||||||
2 | Individuals will receive supplements
commensurate with their | ||||||
3 | qualifications.
| ||||||
4 | (b) (Blank).
| ||||||
5 | (c) The Department shall, by rule, define the scope and | ||||||
6 | operation of the
program, including a wage supplement scale. | ||||||
7 | The
scale shall pay increasing amounts for
higher levels of | ||||||
8 | educational attainment beyond minimum qualifications and shall
| ||||||
9 | recognize longevity of employment.
Subject to the availability | ||||||
10 | of sufficient appropriation, the wage supplements
shall be | ||||||
11 | paid to child care personnel in the form of
bonuses at 6 month | ||||||
12 | intervals. Six months of
continuous service with a single | ||||||
13 | employer is required to be eligible to receive
a wage | ||||||
14 | supplement bonus. Wage
supplements shall be paid directly to | ||||||
15 | individual child day care personnel, not to
their employers. | ||||||
16 | Eligible individuals must
provide to the Department or its | ||||||
17 | agent all information and documentation,
including but not | ||||||
18 | limited to college transcripts, to
demonstrate their | ||||||
19 | qualifications for a particular
wage supplement level.
| ||||||
20 | If appropriations permit, the Department may include | ||||||
21 | one-time signing bonuses
or other incentives to help providers | ||||||
22 | attract staff,
provided that the signing bonuses are less than | ||||||
23 | the supplement staff would have
received if they had remained | ||||||
24 | employed
with another child day care center or family child | ||||||
25 | day care home.
| ||||||
26 | If appropriations permit, the Department may include |
| |||||||
| |||||||
1 | one-time longevity
bonuses or other incentives to recognize | ||||||
2 | staff who have
remained with a single employer.
| ||||||
3 | (d) (Blank).
| ||||||
4 | (Source: P.A. 93-711, eff. 7-12-04.)
| ||||||
5 | Section 35. The Mental Health and Developmental | ||||||
6 | Disabilities Administrative Act is amended by changing Section | ||||||
7 | 57.5 as follows:
| ||||||
8 | (20 ILCS 1705/57.5)
| ||||||
9 | Sec. 57.5. Autism diagnosis education program.
| ||||||
10 | (a) Subject to appropriations, the Department shall | ||||||
11 | contract to establish an
autism
diagnosis
education program | ||||||
12 | for young children. The Department
shall
establish the program | ||||||
13 | at 3 different sites in the State. The program shall have
the
| ||||||
14 | following goals:
| ||||||
15 | (1) Providing, to medical professionals and others | ||||||
16 | statewide, a systems
development initiative that promotes | ||||||
17 | best practice standards for the diagnosis
and
treatment | ||||||
18 | planning for young children who have autism
spectrum | ||||||
19 | disorders, for the purpose of helping existing systems of | ||||||
20 | care to
build
solid circles of expertise within their | ||||||
21 | ranks.
| ||||||
22 | (2) Educating medical practitioners, school personnel, | ||||||
23 | child day care providers,
parents, and community service | ||||||
24 | providers (including, but not limited to, early
|
| |||||||
| |||||||
1 | intervention and developmental disabilities providers) | ||||||
2 | throughout the State on
appropriate diagnosis and | ||||||
3 | treatment of autism.
| ||||||
4 | (3) Supporting systems of care for young children with | ||||||
5 | autism spectrum
disorders.
| ||||||
6 | (4) Working together with universities and | ||||||
7 | developmental disabilities
providers to identify unmet | ||||||
8 | needs and resources.
| ||||||
9 | (5) Encouraging and supporting research on optional | ||||||
10 | services for young
children with autism spectrum | ||||||
11 | disorders.
| ||||||
12 | In addition to the aforementioned items, on January 1, | ||||||
13 | 2008, The Autism Program shall expand training and direct | ||||||
14 | services by deploying additional regional centers, outreach | ||||||
15 | centers, and community planning and network development | ||||||
16 | initiatives. The expanded Autism Program Service Network shall | ||||||
17 | consist of a comprehensive program of outreach and center | ||||||
18 | development utilizing model programs developed by The Autism | ||||||
19 | Program. This expansion shall span Illinois and support | ||||||
20 | consensus building, outreach, and service provision for | ||||||
21 | children with autism spectrums disorders and their families. | ||||||
22 | (b) Before January 1, 2006, the Department shall report to | ||||||
23 | the Governor and
the
General Assembly concerning the progress | ||||||
24 | of the autism diagnosis education
program
established under | ||||||
25 | this Section.
| ||||||
26 | (Source: P.A. 95-707, eff. 1-11-08.)
|
| |||||||
| |||||||
1 | Section 40. The Illinois Finance Authority Act is amended | ||||||
2 | by changing Section 840-5 as follows:
| ||||||
3 | (20 ILCS 3501/840-5)
| ||||||
4 | Sec. 840-5. The Authority shall have the following powers:
| ||||||
5 | (a) To fix and revise from time to time and charge and | ||||||
6 | collect rates, rents,
fees and charges for the use of and for | ||||||
7 | the services furnished or to be
furnished by a project or other | ||||||
8 | health facilities owned, financed or refinanced
by the | ||||||
9 | Authority or any portion thereof and to contract with any | ||||||
10 | person,
partnership, association or corporation or other body, | ||||||
11 | public or private, in
respect thereto; to coordinate its | ||||||
12 | policies and procedures and cooperate with
recognized health | ||||||
13 | facility rate setting mechanisms which may now or hereafter
be | ||||||
14 | established.
| ||||||
15 | (b) To establish rules and regulations for the use of a | ||||||
16 | project or other
health
facilities owned, financed or | ||||||
17 | refinanced by the Authority or any portion
thereof
and to | ||||||
18 | designate a participating health institution as its agent to | ||||||
19 | establish
rules and regulations for the use of a project or | ||||||
20 | other health facilities owned
by the Authority undertaken for | ||||||
21 | that participating health institution.
| ||||||
22 | (c) To establish or contract with others to carry out on | ||||||
23 | its behalf a health
facility project cost estimating service | ||||||
24 | and to make this service available on
all projects to provide |
| |||||||
| |||||||
1 | expert cost estimates and guidance to the participating
health | ||||||
2 | institution and to the Authority. In order to implement this | ||||||
3 | service
and, through it, to contribute to cost containment, | ||||||
4 | the Authority shall have
the power to require such reasonable | ||||||
5 | reports and documents from health facility
projects as may be | ||||||
6 | required for this service and for the development of cost
| ||||||
7 | reports and guidelines. The Authority may appoint a Technical | ||||||
8 | Committee on
Health Facility Project Costs and Cost | ||||||
9 | Containment.
| ||||||
10 | (d) To make mortgage or other secured or unsecured loans | ||||||
11 | to or for the
benefit
of any participating health institution | ||||||
12 | for the cost of a project in accordance
with an agreement | ||||||
13 | between the Authority and the participating health
| ||||||
14 | institution; provided that no such loan shall exceed the total | ||||||
15 | cost of the
project as determined by the participating health | ||||||
16 | institution and approved by
the Authority; provided further | ||||||
17 | that such loans may be made to any entity
affiliated with a | ||||||
18 | participating health institution if the proceeds of such loan
| ||||||
19 | are made available to or applied for the benefit of such | ||||||
20 | participating health
institution.
| ||||||
21 | (e) To make mortgage or other secured or unsecured loans | ||||||
22 | to or for the
benefit of a participating health institution in | ||||||
23 | accordance with an agreement
between
the Authority and the | ||||||
24 | participating health institution to refund outstanding
| ||||||
25 | obligations, loans, indebtedness or advances issued, made, | ||||||
26 | given or incurred by
such participating health institution for |
| |||||||
| |||||||
1 | the cost of a project; including the
function to issue bonds | ||||||
2 | and make loans to or for the benefit of a participating
health | ||||||
3 | institution to refinance indebtedness incurred by such | ||||||
4 | participating
health institution in projects undertaken and | ||||||
5 | completed or for other health
facilities acquired prior to or | ||||||
6 | after the enactment of this Act when the
Authority finds that | ||||||
7 | such refinancing is in the public interest, and either
| ||||||
8 | alleviates a financial hardship of such participating health | ||||||
9 | institution, or is
in connection with other financing by the | ||||||
10 | Authority for such participating
health institution or may be | ||||||
11 | expected to result in a lessened cost of patient
care and a | ||||||
12 | saving to third parties, including government, and to others | ||||||
13 | who
must pay for care, or any combination thereof; provided | ||||||
14 | further that such loans
may
be made to any entity affiliated | ||||||
15 | with a participating health institution if the
proceeds of | ||||||
16 | such loan are made available to or applied for the benefit of | ||||||
17 | such
participating health institution.
| ||||||
18 | (f) To mortgage all or any portion of a project or other | ||||||
19 | health facilities
and the property on which any such project | ||||||
20 | or other health facilities are
located
whether owned or | ||||||
21 | thereafter acquired, and to assign or pledge mortgages, deeds
| ||||||
22 | of trust, indentures of mortgage or trust or similar | ||||||
23 | instruments, notes, and
other securities of participating | ||||||
24 | health institutions to which or for the
benefit of which the | ||||||
25 | Authority has made loans or of entities affiliated with
such | ||||||
26 | institutions and the revenues therefrom, including payments or |
| |||||||
| |||||||
1 | income from
any thereof owned or held by the Authority, for the | ||||||
2 | benefit of the holders of
bonds issued to finance such project | ||||||
3 | or health facilities or issued to refund
or refinance | ||||||
4 | outstanding obligations, loans, indebtedness or advances of
| ||||||
5 | participating health institutions as permitted by this Act.
| ||||||
6 | (g) To lease to a participating health institution the | ||||||
7 | project being
financed or refinanced or other health | ||||||
8 | facilities conveyed to the Authority in
connection with such | ||||||
9 | financing or refinancing, upon such terms and conditions
as | ||||||
10 | the
Authority shall deem proper, and to charge and collect | ||||||
11 | rents therefor and to
terminate any such lease upon the | ||||||
12 | failure of the lessee to comply with any of
the obligations | ||||||
13 | thereof; and to include in any such lease, if desired,
| ||||||
14 | provisions that the lessee thereof shall have options to renew | ||||||
15 | the lease for
such period or periods and at such rent as shall | ||||||
16 | be determined by the Authority
or to purchase any or all of the | ||||||
17 | health facilities or that upon payment of all
of the | ||||||
18 | indebtedness incurred by the Authority for the financing of | ||||||
19 | such project
or health facilities or for refunding outstanding | ||||||
20 | obligations, loans,
indebtedness or advances of a | ||||||
21 | participating health institution, then the
Authority may | ||||||
22 | convey any or all of the project or such other health | ||||||
23 | facilities
to the lessee or lessees thereof with or without | ||||||
24 | consideration.
| ||||||
25 | (h) To make studies of needed health facilities that could | ||||||
26 | not sustain a
loan
were it made under this Act and to recommend |
| |||||||
| |||||||
1 | remedial action to the General
Assembly; to do the same with | ||||||
2 | regard to any laws or regulations that prevent
health | ||||||
3 | facilities from benefiting from this Act.
| ||||||
4 | (i) To assist the Department of Commerce and Economic | ||||||
5 | Opportunity to
establish and implement a program to assist | ||||||
6 | health facilities to identify and
arrange
financing for energy | ||||||
7 | conservation projects in buildings and facilities owned or
| ||||||
8 | leased by health facilities.
| ||||||
9 | (j) To assist the Department of Human Services in | ||||||
10 | establishing a low
interest
loan program to help child care | ||||||
11 | centers and family child day care homes serving
children of | ||||||
12 | low income families under
Section 22.4 of the Children and | ||||||
13 | Family
Services Act. The Authority, on or after the effective | ||||||
14 | date of this amendatory Act of the 97th General Assembly, is | ||||||
15 | authorized to convert existing agreements for financial aid in | ||||||
16 | accordance with Section 840-5(j) to permanent capital to | ||||||
17 | leverage additional private capital and establish a revolving | ||||||
18 | loan fund for nonprofit corporations providing human services | ||||||
19 | under contract to the State. | ||||||
20 | (k) To assist the Department of Public Health and nursing | ||||||
21 | homes in undertaking nursing home conversion projects in | ||||||
22 | accordance with the Older Adult Services Act.
| ||||||
23 | (Source: P.A. 97-654, eff. 1-13-12.)
| ||||||
24 | Section 45. The Asbestos Abatement Finance Act is amended | ||||||
25 | by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)
| ||||||
2 | Sec. 2. Definitions. The following words and terms,
| ||||||
3 | whether or not capitalized, have the following meanings, | ||||||
4 | unless the context
or use clearly requires otherwise:
| ||||||
5 | "Asbestos" means asbestos as defined and used in the | ||||||
6 | federal Asbestos
Hazard Emergency Response Act of 1986, as now | ||||||
7 | or hereafter amended,
including the regulations promulgated | ||||||
8 | under that Act.
| ||||||
9 | "Asbestos Abatement Project" means asbestos inspection, | ||||||
10 | planning and
response action under and within the meaning of | ||||||
11 | the federal Asbestos Hazard
Emergency Response Act of 1986, as | ||||||
12 | now or hereafter amended, to abate a
health hazard caused | ||||||
13 | directly or indirectly by the existence of asbestos in
any | ||||||
14 | building or other facility owned, operated, maintained or | ||||||
15 | occupied in
whole or in part by a public corporation or a | ||||||
16 | private institution.
| ||||||
17 | "Authority" means the Illinois Finance Authority.
| ||||||
18 | "Board" means the Board of the Authority.
| ||||||
19 | "Bond" means any bond, note or other evidence of | ||||||
20 | indebtedness issued by
the Authority under this Act.
| ||||||
21 | "Chairman" means the Chairman of the Authority.
| ||||||
22 | "Cost" as applied to an asbestos abatement project means | ||||||
23 | the costs
incurred or to be incurred by a public corporation or | ||||||
24 | a private institution
in the removal, encapsulation, | ||||||
25 | enclosure, repair, or maintenance of
asbestos in any building |
| |||||||
| |||||||
1 | or other facility owned, operated, maintained or
occupied in | ||||||
2 | whole or in part by a public corporation or a private
| ||||||
3 | institution, including all incidental costs such as | ||||||
4 | engineering,
architectural, consulting and legal expenses | ||||||
5 | incurred in connection with an
asbestos abatement project, | ||||||
6 | plans, specifications, surveys, estimates
of costs and | ||||||
7 | revenues, finance charges, interest before and during | ||||||
8 | construction
of an asbestos abatement project and, for up to | ||||||
9 | 18 months after completion
of construction, other expenses | ||||||
10 | necessary or incident to determining the
need, feasibility or | ||||||
11 | practicability of an asbestos abatement project,
| ||||||
12 | administrative expenses, and such other costs, charges and | ||||||
13 | expenses as may
be necessary or incident to the construction | ||||||
14 | or financing of any asbestos
abatement project. As used in | ||||||
15 | this Act, "cost" means not only costs of an
asbestos abatement | ||||||
16 | project expected to be incurred in the future, but costs
| ||||||
17 | already incurred and paid by a public corporation or a private | ||||||
18 | institution
so that a public corporation or a private | ||||||
19 | institution shall be permitted to
reimburse itself for those | ||||||
20 | costs previously incurred and paid.
| ||||||
21 | "Person" means any individual, firm, partnership, | ||||||
22 | association, or
corporation, separately or in any combination.
| ||||||
23 | "Private institution" means any not-for-profit | ||||||
24 | organization within the
meaning of Section 501(c)(3) of the | ||||||
25 | Internal Revenue Code of 1986, as now
or hereafter amended, | ||||||
26 | including any private or nonpublic pre-school, child day
care |
| |||||||
| |||||||
1 | center, day or residential educational institution that | ||||||
2 | provides
elementary or secondary education for grades 12 or | ||||||
3 | under, any private or
nonpublic college or university, or any | ||||||
4 | hospital, health care or long term
care institution.
| ||||||
5 | "Private institution security" means any bond, note, loan | ||||||
6 | agreement, or
other evidence of indebtedness which a private | ||||||
7 | institution is legally
authorized to issue or enter into for | ||||||
8 | the purpose of financing or
refinancing the costs of an | ||||||
9 | asbestos abatement project.
| ||||||
10 | "Public corporation" means any body corporate organized by | ||||||
11 | or under
the laws of this State to carry out a public | ||||||
12 | governmental or proprietary
function, including the State, any | ||||||
13 | State agency, any school district, park
district, city, | ||||||
14 | village, incorporated town, county, township, drainage or
any | ||||||
15 | other type of district, board, commission, authority, | ||||||
16 | university,
public community college or any combination | ||||||
17 | (including any combination
under Section 10 of Article VII of | ||||||
18 | the Illinois Constitution or under the
Intergovernmental | ||||||
19 | Cooperation Act of 1973, as now or hereafter amended),
acting | ||||||
20 | through their corporate authorities, and any other unit of | ||||||
21 | local
government within the meaning of Section 1 of Article | ||||||
22 | VII of the Illinois
Constitution.
| ||||||
23 | "Public corporation security" means any bond, note, loan | ||||||
24 | agreement, or
other evidence of indebtedness which a public | ||||||
25 | corporation is legally
authorized to issue or enter into for | ||||||
26 | the purpose of financing or
refinancing the costs of an |
| |||||||
| |||||||
1 | asbestos abatement project.
| ||||||
2 | "Secretary" means the Secretary of the Authority.
| ||||||
3 | "State" means the State of Illinois.
| ||||||
4 | "Treasurer" means the Treasurer of the Authority.
| ||||||
5 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
6 | Section 50. The State Agency Employees Child Care Services | ||||||
7 | Act is amended by changing Sections 2, 3, 4, and 5 as follows:
| ||||||
8 | (30 ILCS 590/2) (from Ch. 127, par. 3002)
| ||||||
9 | Sec. 2.
In this Act, unless the context otherwise | ||||||
10 | requires, the
following terms shall have the meanings ascribed | ||||||
11 | to them:
| ||||||
12 | 1. "Department" means the Department of Central Management | ||||||
13 | Services.
| ||||||
14 | 2. "State agency" means all departments, officers, | ||||||
15 | commissions, boards,
institutions and bodies politic and | ||||||
16 | corporate of the State, including the
offices of Clerk of the | ||||||
17 | Supreme Court and Clerks of the Appellate Courts,
the several | ||||||
18 | courts of the State and the legislature, its committees or | ||||||
19 | commissions.
| ||||||
20 | 3. "Child care services" means child day care home or | ||||||
21 | center services as
defined by the Child Care Act of 1969.
| ||||||
22 | (Source: P.A. 84-652.)
| ||||||
23 | (30 ILCS 590/3) (from Ch. 127, par. 3003)
|
| |||||||
| |||||||
1 | Sec. 3.
The Department may authorize a State agency to | ||||||
2 | contract for
the provision of child care services for its | ||||||
3 | employees. The Department
may, in accordance with established | ||||||
4 | rules, allow child day care centers to
operate in State-owned | ||||||
5 | or leased facilities. Such facilities shall be
primarily for | ||||||
6 | use by State employees but use by non-employees may be | ||||||
7 | allowed.
| ||||||
8 | Where a State agency enters into a contract to construct, | ||||||
9 | acquire or
lease all or a substantial portion of a building, in | ||||||
10 | which more than 50
persons shall be employed, other than a | ||||||
11 | renewal of an existing lease, after
July 1, 1990, and where a | ||||||
12 | need has been demonstrated, according to Section
4 of this | ||||||
13 | Act, on-site child care services shall be provided for State
| ||||||
14 | employees.
| ||||||
15 | The Department shall implement this Act and shall | ||||||
16 | promulgate all rules
and regulations necessary for this | ||||||
17 | purpose. By April 1, 1991, the
Department shall propose rules | ||||||
18 | setting forth the standards and criteria,
including need and | ||||||
19 | feasibility, for determining if on-site child care
services | ||||||
20 | shall be provided. The Department shall consult
with the | ||||||
21 | Department of Children and Family Services in defining | ||||||
22 | standards
for child care service centers established pursuant | ||||||
23 | to this Act to ensure
compliance with the Child Care Act of | ||||||
24 | 1969. The
Department shall establish a schedule of fees that | ||||||
25 | shall be charged to
employees of State agencies who may obtain | ||||||
26 | child care services under this
Act. Such schedule shall be |
| |||||||
| |||||||
1 | established so that charges for service are
based on the | ||||||
2 | actual cost of care. Except as otherwise provided by law for
| ||||||
3 | employees who may qualify for public assistance or social | ||||||
4 | services due to
indigency or family circumstance, each | ||||||
5 | employee obtaining child care
services under this Act shall be | ||||||
6 | responsible for full payment of such
charges. The Department | ||||||
7 | shall report, on or before December 31 of
each year, to the | ||||||
8 | Governor and the members of the General Assembly, on the
| ||||||
9 | feasibility and implementation of a plan for the provision of | ||||||
10 | comprehensive
child care services.
| ||||||
11 | (Source: P.A. 86-1482.)
| ||||||
12 | (30 ILCS 590/4) (from Ch. 127, par. 3004)
| ||||||
13 | Sec. 4.
Prior to receiving authorization from the | ||||||
14 | Department to
contract for child care services, a State agency | ||||||
15 | shall demonstrate a need
for such services. Proof of need | ||||||
16 | submitted to the Department may include a
survey of agency | ||||||
17 | employees as well as a determination of the availability
of | ||||||
18 | child care services under such agency, through other State | ||||||
19 | agencies, or
in the community. The Department may also require | ||||||
20 | submission of a
feasibility, design and implementation plan, | ||||||
21 | which takes into consideration
similar needs and services of | ||||||
22 | other State agencies.
| ||||||
23 | The Department shall assist any State agency authorized to | ||||||
24 | procure child
care services in the preparation of a request | ||||||
25 | for proposals, in order to
assure that the services provided |
| |||||||
| |||||||
1 | address the specific needs of the agency
personnel.
| ||||||
2 | Any State agency authorized by the Department to contract | ||||||
3 | for child care
services shall have the sole responsibility for | ||||||
4 | choosing the successful
bidder and overseeing the operation of | ||||||
5 | its child care service program within
the guidelines | ||||||
6 | established by the Department. The Department shall
promulgate | ||||||
7 | rules pursuant to the Illinois Administrative Procedure Act
| ||||||
8 | which detail the specific standards to be used by the Director | ||||||
9 | of any State
agency in the selection of a vendor of child care | ||||||
10 | services.
| ||||||
11 | The State agency's contract shall provide for the | ||||||
12 | establishment of or
arrangement for the use of a licensed | ||||||
13 | child day care center or a licensed child day
care agency, as | ||||||
14 | defined in the Child Care Act of 1969.
| ||||||
15 | State agencies with similar needs, or those with small | ||||||
16 | employee
populations may group together to establish need and | ||||||
17 | contract for the
provision of child care services.
| ||||||
18 | (Source: P.A. 85-1337; 86-1482.)
| ||||||
19 | (30 ILCS 590/5) (from Ch. 127, par. 3005)
| ||||||
20 | Sec. 5.
The General Assembly, through the Joint Committee | ||||||
21 | on
Legislative Support Services, may
contract for the | ||||||
22 | establishment of child care
services, which may also serve as | ||||||
23 | a prototype or model of such services
for other state | ||||||
24 | agencies. Such a center shall use a schedule of fees and
| ||||||
25 | charges established by the Department under Section 3 of this |
| |||||||
| |||||||
1 | Act. Such a
center may also be used for the conduct
of research | ||||||
2 | on child development, child day care standards, the effect of
| ||||||
3 | employer-assisted child care on employee morale and | ||||||
4 | productivity or other
subjects as determined by the Joint | ||||||
5 | Committee on Legislative Support
Services, in consultation | ||||||
6 | with the Department of Children and Family Services.
| ||||||
7 | (Source: P.A. 84-652.)
| ||||||
8 | Section 55. The Use Tax Act is amended by changing Section | ||||||
9 | 2c as follows:
| ||||||
10 | (35 ILCS 105/2c) (from Ch. 120, par. 439.2c)
| ||||||
11 | Sec. 2c.
For purposes of this Act, a corporation, limited | ||||||
12 | liability
company, society, association,
foundation or | ||||||
13 | institution organized and operated exclusively for educational
| ||||||
14 | purposes shall include: all tax-supported public schools; | ||||||
15 | private schools
which offer systematic instruction in useful | ||||||
16 | branches of learning by methods
common to public schools and | ||||||
17 | which compare favorably in their scope and
intensity
with the | ||||||
18 | course of study presented in tax-supported schools; licensed | ||||||
19 | child day
care centers as defined in Section 2.09 of the Child | ||||||
20 | Care Act of 1969 which
are operated by a not for profit | ||||||
21 | corporation, society, association,
foundation, institution or | ||||||
22 | organization; vocational
or technical schools or institutes | ||||||
23 | organized and operated exclusively to
provide a course of | ||||||
24 | study of not less than 6 weeks duration and designed
to prepare |
| |||||||
| |||||||
1 | individuals to follow a trade or to pursue a manual, | ||||||
2 | technical,
mechanical, industrial, business or commercial | ||||||
3 | occupation.
| ||||||
4 | However, a corporation, limited liability company, | ||||||
5 | society, association,
foundation or institution
organized and | ||||||
6 | operated for the purpose of offering professional, trade or
| ||||||
7 | business seminars of short duration, self-improvement or | ||||||
8 | personality
development
courses, courses which are avocational | ||||||
9 | or recreational in nature, courses
pursued entirely by open | ||||||
10 | circuit television or radio, correspondence courses,
or | ||||||
11 | courses which do not provide specialized training within a | ||||||
12 | specific
vocational
or technical
field shall not be considered | ||||||
13 | to be organized and operated exclusively for
educational | ||||||
14 | purposes.
| ||||||
15 | (Source: P.A. 88-480.)
| ||||||
16 | Section 60. The Service Occupation Tax Act is amended by | ||||||
17 | changing Section 2c as follows:
| ||||||
18 | (35 ILCS 115/2c) (from Ch. 120, par. 439.102c)
| ||||||
19 | Sec. 2c.
For purposes of this Act, a corporation, limited | ||||||
20 | liability
company, society, association, foundation or | ||||||
21 | institution organized and operated
exclusively for educational | ||||||
22 | purposes shall include: all tax-supported public
schools; | ||||||
23 | private schools which offer systematic instruction in useful | ||||||
24 | branches
of learning by methods common to public schools and |
| |||||||
| |||||||
1 | which compare favorably in
their scope and intensity with the | ||||||
2 | course of study presented in tax-supported
schools; licensed | ||||||
3 | child day care centers as defined in Section 2.09 of the Child | ||||||
4 | Care
Act of 1969 which are operated by a not-for-profit | ||||||
5 | corporation, society,
association, foundation, institution or | ||||||
6 | organization; vocational or technical
schools or institutes | ||||||
7 | organized and operated exclusively to provide a course of
| ||||||
8 | study of not less than 6 weeks duration and designed to prepare | ||||||
9 | individuals to
follow a trade or to pursue a manual, | ||||||
10 | technical, mechanical, industrial,
business or commercial | ||||||
11 | occupation.
| ||||||
12 | However, a corporation, limited liability company, | ||||||
13 | society, association,
foundation or institution organized and | ||||||
14 | operated for the purpose of offering
professional, trade or | ||||||
15 | business seminars of short duration, self-improvement or
| ||||||
16 | personality development courses, courses which are avocational | ||||||
17 | or recreational
in nature, courses pursued entirely by open | ||||||
18 | circuit television or radio,
correspondence courses, or | ||||||
19 | courses which do not provide specialized training
within a | ||||||
20 | specific vocational or technical field shall not be considered | ||||||
21 | to be
organized and operated exclusively for educational | ||||||
22 | purposes.
| ||||||
23 | (Source: P.A. 88-480.)
| ||||||
24 | Section 65. The Retailers' Occupation Tax Act is amended | ||||||
25 | by changing Section 2h as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 120/2h) (from Ch. 120, par. 441h)
| ||||||
2 | Sec. 2h.
For purposes of this Act, a corporation, limited | ||||||
3 | liability
company, society, association, foundation or | ||||||
4 | institution organized and operated
exclusively for educational | ||||||
5 | purposes shall include: all tax-supported public
schools; | ||||||
6 | private schools which offer systematic instruction in useful | ||||||
7 | branches
of learning by methods common to public schools and | ||||||
8 | which compare favorably in
their scope and intensity with the | ||||||
9 | course of study presented in tax-supported
schools; licensed | ||||||
10 | child day care centers as defined in Section 2.09 of the Child | ||||||
11 | Care
Act of 1969 which are operated by a not for profit | ||||||
12 | corporation, society,
association, foundation, institution or | ||||||
13 | organization; vocational
or technical schools or institutes | ||||||
14 | organized and operated exclusively to
provide a course of | ||||||
15 | study of not less than 6 weeks duration and designed
to prepare | ||||||
16 | individuals to follow a trade or to pursue a manual, | ||||||
17 | technical,
mechanical, industrial, business or commercial | ||||||
18 | occupation.
| ||||||
19 | However, a corporation, limited liability company, | ||||||
20 | society, association,
foundation or institution organized and | ||||||
21 | operated for the purpose of offering
professional, trade or | ||||||
22 | business seminars of short duration, self-improvement or
| ||||||
23 | personality development courses, courses which are avocational | ||||||
24 | or recreational
in nature, courses pursued entirely by open | ||||||
25 | circuit television or radio,
correspondence courses, or |
| |||||||
| |||||||
1 | courses which do not provide specialized training
within a | ||||||
2 | specific vocational or technical field shall not be considered | ||||||
3 | to be
organized and operated exclusively for educational | ||||||
4 | purposes.
| ||||||
5 | (Source: P.A. 88-480.)
| ||||||
6 | Section 70. The Community
Self-Revitalization Act is | ||||||
7 | amended by changing Section 15 as follows: | ||||||
8 | (50 ILCS 350/15)
| ||||||
9 | Sec. 15. Certification; Board of Economic Advisors.
| ||||||
10 | (a) In order to receive the assistance as provided in this | ||||||
11 | Act, a community
shall
first, by
ordinance passed by its | ||||||
12 | corporate authorities, request that the Department
certify | ||||||
13 | that it is
an economically distressed community. The community | ||||||
14 | must submit a certified
copy of
the ordinance to the | ||||||
15 | Department. After review of the ordinance, if the
Department
| ||||||
16 | determines that the community meets the requirements for | ||||||
17 | certification, the
Department
may certify the community as an | ||||||
18 | economically distressed community.
| ||||||
19 | (b) A community that is certified by the Department as
an
| ||||||
20 | economically
distressed community may appoint a Board of | ||||||
21 | Economic Advisors
to create and implement a revitalization | ||||||
22 | plan for the community. The Board
shall
consist of 18 members | ||||||
23 | of the community, appointed by the
mayor or the presiding | ||||||
24 | officer of the county or jointly by the presiding
officers of |
| |||||||
| |||||||
1 | each
municipality and county that have joined to form a | ||||||
2 | community for the purposes of this Act. Up to 18 Board members | ||||||
3 | may be appointed from the following vital sectors:
| ||||||
4 | (1) A member representing households and families.
| ||||||
5 | (2) A member representing religious organizations.
| ||||||
6 | (3) A member representing educational institutions.
| ||||||
7 | (4) A member representing child care daycare centers, | ||||||
8 | care centers for persons with disabilities, and care | ||||||
9 | centers for the disadvantaged.
| ||||||
10 | (5) A member representing community based | ||||||
11 | organizations such as
neighborhood improvement | ||||||
12 | associations.
| ||||||
13 | (6) A member representing federal and State employment | ||||||
14 | service
systems, skill training centers, and placement | ||||||
15 | referrals.
| ||||||
16 | (7) A member representing Masonic organizations, | ||||||
17 | fraternities, sororities,
and social clubs.
| ||||||
18 | (8) A member representing hospitals, nursing homes, | ||||||
19 | senior citizens,
public health agencies, and funeral | ||||||
20 | homes.
| ||||||
21 | (9) A member representing organized sports, parks, | ||||||
22 | parties, and games of
chance.
| ||||||
23 | (10) A member representing political parties, clubs, | ||||||
24 | and affiliations, and
election related matters concerning | ||||||
25 | voter education and participation.
| ||||||
26 | (11) A member representing the cultural aspects of the |
| |||||||
| |||||||
1 | community,
including cultural events, lifestyles, | ||||||
2 | languages, music, visual and performing
arts,
and | ||||||
3 | literature.
| ||||||
4 | (12) A member representing police and fire protection | ||||||
5 | agencies, prisons,
weapons systems, and the military | ||||||
6 | industrial complex.
| ||||||
7 | (13) A member representing local businesses. | ||||||
8 | (14) A member representing the retail industry.
| ||||||
9 | (15) A member representing the service industry.
| ||||||
10 | (16) A member representing the industrial, production, | ||||||
11 | and manufacturing sectors.
| ||||||
12 | (17) A member representing the advertising and | ||||||
13 | marketing industry.
| ||||||
14 | (18) A member representing the technology services | ||||||
15 | industry. | ||||||
16 | The Board shall meet initially
within 30 days of its | ||||||
17 | appointment, shall select one member as chairperson at
its | ||||||
18 | initial meeting, and
shall
thereafter meet at the call of the | ||||||
19 | chairperson. Members of the Board shall
serve without
| ||||||
20 | compensation.
| ||||||
21 | (c) One third of the initial appointees shall serve for 2 | ||||||
22 | years, one third shall serve for 3 years, and one third shall | ||||||
23 | serve for 4 years, as determined by lot. Subsequent appointees | ||||||
24 | shall serve terms of 5 years. | ||||||
25 | (d) The Board shall create a 3-year to 5-year | ||||||
26 | revitalization plan for the
community.
The plan shall contain |
| |||||||
| |||||||
1 | distinct, measurable objectives for revitalization. The
| ||||||
2 | objectives
shall be used to guide ongoing implementation of | ||||||
3 | the plan and to measure
progress
during the 3-year to 5-year | ||||||
4 | period. The Board shall work in a dynamic manner
defining | ||||||
5 | goals
for the community based on the strengths and weaknesses | ||||||
6 | of the individual
sectors of the
community as presented by | ||||||
7 | each member of the Board. The Board shall meet
periodically | ||||||
8 | and revise the plan in light of the input from each member of
| ||||||
9 | the
Board
concerning his or her respective sector of | ||||||
10 | expertise. The process shall be a
community
driven | ||||||
11 | revitalization process, with community-specific data | ||||||
12 | determining the
direction and
scope of the revitalization.
| ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
14 | Section 75. The Counties Code is amended by changing | ||||||
15 | Sections 4-11001 and 5-1097.5 as follows:
| ||||||
16 | (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
| ||||||
17 | (Text of Section WITH the changes made by P.A. 98-1132, | ||||||
18 | which has been held unconstitutional)
| ||||||
19 | Sec. 4-11001. Juror fees. Each county
shall pay to grand | ||||||
20 | and petit jurors for their services
in attending courts the | ||||||
21 | sums of $25 for the first day and thereafter $50 for each day | ||||||
22 | of necessary attendance, or such higher amount as may be fixed | ||||||
23 | by
the county board.
| ||||||
24 | If a judge so orders, a juror
shall also receive |
| |||||||
| |||||||
1 | reimbursement for the actual cost of child day care incurred | ||||||
2 | by
the juror during his or her service on a jury.
| ||||||
3 | The juror fees for service and child day care shall be paid | ||||||
4 | out
of the county treasury.
| ||||||
5 | The clerk of the court shall
furnish to each juror without | ||||||
6 | fee whenever he is discharged a certificate
of the number of | ||||||
7 | days' attendance at court, and upon presentation thereof
to | ||||||
8 | the county treasurer, he shall pay to the juror the sum
| ||||||
9 | provided for his service.
| ||||||
10 | Any juror may elect to waive the fee paid for service, | ||||||
11 | transportation, or child day care, or any combination thereof. | ||||||
12 | (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
| ||||||
13 | (Text of Section WITHOUT the changes made by P.A. 98-1132, | ||||||
14 | which has been held unconstitutional)
| ||||||
15 | Sec. 4-11001. Juror fees. Each county
shall pay to grand | ||||||
16 | and petit jurors for their services
in attending courts the | ||||||
17 | sum of $4 for each day of necessary attendance at
such courts | ||||||
18 | as jurors in counties of the first class, the sum of $5 for
| ||||||
19 | each day in counties of the second class, and the sum of $10 | ||||||
20 | for each
day in counties of the third class, or such higher | ||||||
21 | amount as may be fixed by
the county board.
| ||||||
22 | In addition, jurors shall receive such travel expense as
| ||||||
23 | may be determined by the county board, provided that jurors in
| ||||||
24 | counties of the first class and second class shall receive at
| ||||||
25 | least 10 cents per mile for their travel expense.
Mileage |
| |||||||
| |||||||
1 | shall be allowed for travel during a juror's term as well as | ||||||
2 | for
travel at the opening and closing of his term.
| ||||||
3 | If a judge so orders, a juror
shall also receive | ||||||
4 | reimbursement for the actual cost of child day care incurred | ||||||
5 | by
the juror during his or her service on a jury.
| ||||||
6 | The juror fees for service, transportation, and child day | ||||||
7 | care shall be paid out
of the county treasury.
| ||||||
8 | The clerk of the court shall
furnish to each juror without | ||||||
9 | fee whenever he is discharged a certificate
of the number of | ||||||
10 | days' attendance at court, and upon presentation thereof
to | ||||||
11 | the county treasurer, he shall pay to the juror the sum
| ||||||
12 | provided for his service.
| ||||||
13 | Any juror may elect to waive the fee paid for service, | ||||||
14 | transportation, or child day care, or any combination thereof. | ||||||
15 | (Source: P.A. 97-840, eff. 1-1-13.)
| ||||||
16 | (55 ILCS 5/5-1097.5)
| ||||||
17 | Sec. 5-1097.5. Adult entertainment facility. It is | ||||||
18 | prohibited within an unincorporated area of a county to locate | ||||||
19 | an adult
entertainment facility within 3,000 feet of the | ||||||
20 | property
boundaries of any school, child day care center, | ||||||
21 | cemetery, public park, forest
preserve, public
housing, place | ||||||
22 | of religious
worship, or residence, except that in a county | ||||||
23 | with a population of more than 800,000 and less than 2,000,000 | ||||||
24 | inhabitants, it is prohibited to locate, construct, or operate | ||||||
25 | a new adult entertainment facility within one mile of the |
| |||||||
| |||||||
1 | property boundaries of any school, child day care center, | ||||||
2 | cemetery, public park, forest preserve, public housing, or | ||||||
3 | place of religious worship located anywhere within that | ||||||
4 | county. Notwithstanding any other requirements of this | ||||||
5 | Section, it is also prohibited to locate, construct, or | ||||||
6 | operate a new adult entertainment facility within one mile of | ||||||
7 | the property boundaries of any school, child day care center, | ||||||
8 | cemetery, public park, forest preserve, public housing, or | ||||||
9 | place of religious worship located in that area of Cook County | ||||||
10 | outside of the City of Chicago.
| ||||||
11 | For the purposes of this Section, "adult entertainment | ||||||
12 | facility" means
(i) a striptease club or pornographic movie | ||||||
13 | theatre
whose business is the commercial
sale, dissemination, | ||||||
14 | or distribution of sexually explicit material,
shows, or other
| ||||||
15 | exhibitions
or (ii) an adult bookstore or adult video store | ||||||
16 | whose primary
business is the commercial sale, dissemination, | ||||||
17 | or distribution of sexually
explicit material, shows, or other | ||||||
18 | exhibitions. "Unincorporated area of a county" means any area | ||||||
19 | not within the boundaries of a municipality.
| ||||||
20 | The State's Attorney of the county where the adult | ||||||
21 | entertainment facility is located or the Attorney General may | ||||||
22 | institute a civil action for an injunction to restrain | ||||||
23 | violations of this Section. In that proceeding, the court | ||||||
24 | shall determine whether a violation has been committed and | ||||||
25 | shall enter such orders as it considers necessary to remove | ||||||
26 | the effect of any violation and to prevent the violation from |
| |||||||
| |||||||
1 | continuing or from being renewed in the future.
| ||||||
2 | (Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
| ||||||
3 | Section 80. The Township Code is amended by changing | ||||||
4 | Section 85-13 as follows:
| ||||||
5 | (60 ILCS 1/85-13)
| ||||||
6 | Sec. 85-13. Township services, generally.
| ||||||
7 | (a) The township board may either expend funds directly or | ||||||
8 | may enter into
any cooperative agreement or contract with any | ||||||
9 | other governmental entity,
not-for-profit corporation, | ||||||
10 | non-profit community service association, or any
for-profit | ||||||
11 | business entity as provided in subsection (b) with respect to | ||||||
12 | the
expenditure of township funds, or funds made available to | ||||||
13 | the township under
the federal State and Local Fiscal | ||||||
14 | Assistance Act of 1972, to provide any of
the following | ||||||
15 | services to the residents of the township:
| ||||||
16 | (1) Ordinary and necessary maintenance and operating | ||||||
17 | expenses for the
following:
| ||||||
18 | (A) Public safety (including law enforcement, fire | ||||||
19 | protection, and
building code enforcement).
| ||||||
20 | (B) Environmental protection (including sewage | ||||||
21 | disposal, sanitation,
and pollution abatement).
| ||||||
22 | (C) Public transportation (including transit | ||||||
23 | systems, paratransit
systems, and streets and roads).
| ||||||
24 | (D) Health.
|
| |||||||
| |||||||
1 | (E) Recreation.
| ||||||
2 | (F) Libraries.
| ||||||
3 | (G) Social services for the poor and aged.
| ||||||
4 | (2) Ordinary and necessary capital expenditures | ||||||
5 | authorized by law.
| ||||||
6 | (3) Development and retention of business, industrial, | ||||||
7 | manufacturing,
and tourist facilities within the township.
| ||||||
8 | (b) To be eligible to receive funds from the township | ||||||
9 | under this Section, a
private not-for-profit corporation or | ||||||
10 | community service association shall have
been in existence at | ||||||
11 | least one year before receiving the funds. The township
board | ||||||
12 | may, however, for the purpose of providing child day care | ||||||
13 | services, contract
with child day care facilities licensed | ||||||
14 | under the Child Care Act of 1969, regardless
of whether the | ||||||
15 | facilities are organized on a for-profit or not-for-profit
| ||||||
16 | basis.
| ||||||
17 | (c) Township governments that directly expend or contract | ||||||
18 | for child day care
shall use the standard of need established | ||||||
19 | by the Department of Children and
Family Services in | ||||||
20 | determining recipients of subsidized child day care and shall | ||||||
21 | use
the rate schedule used by the Department of Children and | ||||||
22 | Family Services for
the purchase of subsidized child day care.
| ||||||
23 | (d) Township governments that directly expend or contract | ||||||
24 | for senior
citizen services may contract with for-profit (or | ||||||
25 | not-for-profit) and
non-sectarian organizations as provided in | ||||||
26 | Sections 220-15 and 220-35.
|
| |||||||
| |||||||
1 | (e) Those township supervisors or other elected township | ||||||
2 | officials who are
also members of a county board shall not vote | ||||||
3 | on questions before the township
board or the county board | ||||||
4 | that relate to agreements or contracts between the
township | ||||||
5 | and the county under this Section or agreements or contracts | ||||||
6 | between
the township and the county that are otherwise | ||||||
7 | authorized by law.
| ||||||
8 | (f) The township board may enter into direct agreements | ||||||
9 | with for-profit
corporations or other business entities to | ||||||
10 | carry out recycling programs in
unincorporated areas of the | ||||||
11 | township.
| ||||||
12 | The township board may by ordinance administer a recycling | ||||||
13 | program or adopt rules and regulations relating to
recycling | ||||||
14 | programs in unincorporated areas of the township that it from | ||||||
15 | time to
time deems necessary and may provide penalties for | ||||||
16 | violations of those rules
and regulations.
| ||||||
17 | (g) For purposes of alleviating high unemployment, | ||||||
18 | economically depressed
conditions, and lack of moderately | ||||||
19 | priced housing, the trustees of a
township that includes all | ||||||
20 | or a portion of a city that is a "financially
distressed city" | ||||||
21 | under the Financially Distressed City Law may contract with
| ||||||
22 | one or more not-for-profit or for-profit organizations to | ||||||
23 | construct and operate
within the boundaries of the township a | ||||||
24 | factory designed to manufacture housing
or housing components. | ||||||
25 | The contract may provide for the private organization or
| ||||||
26 | organizations to manage some or all operations of the factory |
| |||||||
| |||||||
1 | and may provide
for (i) payment of employee compensation and | ||||||
2 | taxes; (ii) discharge of other
legal responsibilities; (iii) | ||||||
3 | sale of products; (iv) disposition of the
factory, equipment, | ||||||
4 | and other property; and (v) any other matters the township
| ||||||
5 | trustees consider reasonable.
| ||||||
6 | (Source: P.A. 95-119, eff. 8-13-07.)
| ||||||
7 | Section 85. The Illinois Municipal Code is amended by | ||||||
8 | changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and | ||||||
9 | 11-80-15 as follows:
| ||||||
10 | (65 ILCS 5/8-3-18)
| ||||||
11 | Sec. 8-3-18.
A municipality, upon a majority vote of its | ||||||
12 | governing
authority, may abate taxes levied for corporate | ||||||
13 | purposes under Section 8-3-1 in
an
amount not to exceed 50% of | ||||||
14 | the donation by a taxpayer who donates not less
than $10,000 to | ||||||
15 | a qualified program. The abatement shall not exceed the tax
| ||||||
16 | extension on the taxpayer's real property for the levy year in | ||||||
17 | which the
donation is made.
| ||||||
18 | For purposes of this Section, "qualified program" means a | ||||||
19 | facility or a
program in an area designated as a target area by | ||||||
20 | the governing authority
of the municipality for the creation | ||||||
21 | or expansion of job training and
counseling programs, youth | ||||||
22 | child day care centers, congregate housing programs
for senior | ||||||
23 | adults, youth recreation programs, alcohol and drug abuse
| ||||||
24 | prevention, mental health counseling programs, domestic |
| |||||||
| |||||||
1 | violence shelters,
and other programs, facilities or services | ||||||
2 | approved by the governing
authority as qualified programs in a | ||||||
3 | target area.
| ||||||
4 | (Source: P.A. 88-389.)
| ||||||
5 | (65 ILCS 5/11-5-1.5)
| ||||||
6 | Sec. 11-5-1.5. Adult entertainment facility. It is | ||||||
7 | prohibited within a municipality to locate an adult | ||||||
8 | entertainment
facility within 1,000 feet of the property
| ||||||
9 | boundaries of any school, child day care center, cemetery, | ||||||
10 | public park, forest
preserve, public
housing, and place of | ||||||
11 | religious
worship, except that in a county with a population | ||||||
12 | of more than 800,000 and less than 2,000,000 inhabitants, it | ||||||
13 | is prohibited to locate, construct, or operate a new adult | ||||||
14 | entertainment facility within one mile of the property | ||||||
15 | boundaries of any school, child day care center, cemetery, | ||||||
16 | public park, forest preserve, public housing, or place of | ||||||
17 | religious worship located anywhere within that county. | ||||||
18 | Notwithstanding any other requirements of this Section, it is | ||||||
19 | also prohibited to locate, construct, or operate a new adult | ||||||
20 | entertainment facility within one mile of the property | ||||||
21 | boundaries of any school, child day care center, cemetery, | ||||||
22 | public park, forest preserve, public housing, or place of | ||||||
23 | religious worship located in that area of Cook County outside | ||||||
24 | of the City of Chicago.
| ||||||
25 | For the purposes of this Section, "adult entertainment |
| |||||||
| |||||||
1 | facility" means
(i) a striptease club or pornographic movie | ||||||
2 | theatre
whose business is the commercial
sale, dissemination, | ||||||
3 | or distribution of sexually explicit material,
shows, or other
| ||||||
4 | exhibitions
or (ii) an adult bookstore or adult video store in | ||||||
5 | which 25% or more of its stock-in-trade, books, magazines, and | ||||||
6 | films for sale, exhibition, or viewing on-premises are | ||||||
7 | sexually explicit material.
| ||||||
8 | (Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; | ||||||
9 | 95-876, eff. 8-21-08.)
| ||||||
10 | (65 ILCS 5/11-21.5-5)
| ||||||
11 | Sec. 11-21.5-5. Local emergency energy plans.
| ||||||
12 | (a) Any municipality, including a home rule municipality, | ||||||
13 | may, by ordinance,
require any electric utility (i) that | ||||||
14 | serves more than 1,000,000 customers in
Illinois and (ii) that | ||||||
15 | is operating within the corporate limits of the
municipality | ||||||
16 | to adopt and to provide the municipality with a local | ||||||
17 | emergency
energy plan. For the purposes of this Section, (i) | ||||||
18 | "local emergency energy
plan" or "plan" means a planned course | ||||||
19 | of action developed by the electric
utility that is | ||||||
20 | implemented when the demand for electricity exceeds, or is at
| ||||||
21 | significant risk of exceeding, the supply of electricity
| ||||||
22 | available to the electric utility and (ii) "local emergency | ||||||
23 | energy plan
ordinance" means an ordinance adopted by the | ||||||
24 | corporate authorities of the
municipality under this Section | ||||||
25 | that requires local emergency energy plans.
|
| |||||||
| |||||||
1 | (b) A local emergency energy plan must include the | ||||||
2 | following information:
| ||||||
3 | (1) the circumstances that would require the | ||||||
4 | implementation of the plan;
| ||||||
5 | (2) the levels or stages of the plan;
| ||||||
6 | (3) the approximate geographic limits of each outage | ||||||
7 | area provided for
in the plan;
| ||||||
8 | (4) the approximate number of customers within each | ||||||
9 | outage area
provided for in the plan;
| ||||||
10 | (5) any police facilities, fire stations, hospitals, | ||||||
11 | nursing homes,
schools, child day care centers, senior | ||||||
12 | citizens centers, community health centers,
blood banks,
| ||||||
13 | dialysis centers, community mental health centers, | ||||||
14 | correctional facilities,
stormwater and wastewater | ||||||
15 | treatment or pumping facilities, water-pumping
stations, | ||||||
16 | buildings in excess of 80 feet in height that have been | ||||||
17 | identified
by the municipality, and persons on life | ||||||
18 | support systems that are known to the
electric utility | ||||||
19 | that could be affected by controlled rotating | ||||||
20 | interruptions
of electric service under the plan; and
| ||||||
21 | (6) the anticipated sequence and duration of | ||||||
22 | intentional interruptions
of electric service to each | ||||||
23 | outage area under the plan.
| ||||||
24 | (c) A local emergency energy plan ordinance may require | ||||||
25 | that, when an
electric utility determines it is necessary to | ||||||
26 | implement a controlled rotating
interruption of electric |
| |||||||
| |||||||
1 | service because the demand for electricity exceeds,
or is at | ||||||
2 | significant risk of exceeding, the supply of electricity | ||||||
3 | available
to the electric utility, the electric utility notify | ||||||
4 | a designated municipal
officer that the electric utility will | ||||||
5 | be implementing its local emergency
energy plan. The | ||||||
6 | notification shall be made pursuant to a procedure approved
by | ||||||
7 | the municipality after consultation with the electric utility.
| ||||||
8 | (d) After providing the notice required in subsection (c), | ||||||
9 | an electric
utility shall reasonably and separately advise | ||||||
10 | designated municipal officials
before it implements each level | ||||||
11 | or stage of the plan, which shall include (i)
a request for | ||||||
12 | emergency help from neighboring utilities, (ii) a declaration | ||||||
13 | of
a control area emergency, and (iii) a public appeal for | ||||||
14 | voluntary curtailment
of electricity use.
| ||||||
15 | (e) The electric utility must give a separate notice to a | ||||||
16 | designated
municipal official immediately after it determines | ||||||
17 | that there will be a
controlled rotating interruption of | ||||||
18 | electric service under the local emergency
energy plan. The | ||||||
19 | notification must include (i) the areas in which service will
| ||||||
20 | be interrupted, (ii) the sequence and estimated duration of | ||||||
21 | the service outage
for each area, (iii) the affected feeders, | ||||||
22 | and (iv) the number of affected
customers in each area. | ||||||
23 | Whenever practical, the notification shall be made at
least 2 | ||||||
24 | hours before the time of the outages. If the electric utility | ||||||
25 | is aware
that controlled rotating interruptions may be | ||||||
26 | required, the notification may
not be made less than 30 |
| |||||||
| |||||||
1 | minutes before the outages.
| ||||||
2 | (f) A local emergency energy plan ordinance may provide | ||||||
3 | civil penalties for
violations of its provisions. The | ||||||
4 | penalties must be permitted under the
Illinois Municipal
Code.
| ||||||
5 | (g) The notifications required by this Section are in | ||||||
6 | addition to the
notification requirements of any applicable | ||||||
7 | franchise agreement or ordinance
and to the notification | ||||||
8 | requirements of any applicable federal or State law,
rule, and | ||||||
9 | regulation.
| ||||||
10 | (h) Except for any penalties or remedies that may be | ||||||
11 | provided in a local
emergency energy plan ordinance, in this | ||||||
12 | Act, or in rules adopted by the
Illinois Commerce Commission, | ||||||
13 | nothing in this Section shall be construed to
impose liability | ||||||
14 | for or prevent a utility from taking any actions that are
| ||||||
15 | necessary at any time, in any order, and with or without notice | ||||||
16 | that are
required to preserve the integrity of the electric | ||||||
17 | utility's electrical system
and interconnected network.
| ||||||
18 | (i) Nothing in this Section, a local emergency energy plan | ||||||
19 | ordinance, or a
local emergency energy plan creates any duty | ||||||
20 | of a municipality to any person or
entity. No municipality may | ||||||
21 | be subject to any claim or cause of action
arising, directly or | ||||||
22 | indirectly, from its decision to adopt or to refrain from
| ||||||
23 | adopting a local emergency energy plan ordinance. No | ||||||
24 | municipality may be
subject to any claim or cause of action | ||||||
25 | arising, directly or indirectly, from
any act or omission | ||||||
26 | under the terms of or information provided in a local
|
| |||||||
| |||||||
1 | emergency energy plan filed under a local emergency energy | ||||||
2 | plan ordinance.
| ||||||
3 | (Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)
| ||||||
4 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
5 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
6 | used or
referred to in this Division 74.4 shall have the | ||||||
7 | following respective meanings,
unless in any case a different | ||||||
8 | meaning clearly appears from the context.
| ||||||
9 | (a) For any redevelopment project area that has been | ||||||
10 | designated pursuant
to this
Section by an ordinance adopted | ||||||
11 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
12 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
13 | this Section
prior to that date.
| ||||||
14 | On and after November 1, 1999,
"blighted area" means any | ||||||
15 | improved or vacant area within the boundaries
of a | ||||||
16 | redevelopment project area located within the territorial | ||||||
17 | limits of
the municipality where:
| ||||||
18 | (1) If improved, industrial, commercial, and | ||||||
19 | residential buildings or
improvements are detrimental to | ||||||
20 | the public safety, health, or welfare
because of a | ||||||
21 | combination of 5 or more of the following factors, each of | ||||||
22 | which
is (i) present, with that presence documented, to a | ||||||
23 | meaningful extent so
that a municipality may reasonably | ||||||
24 | find that the factor is clearly
present within the intent | ||||||
25 | of the Act and (ii) reasonably distributed throughout
the |
| |||||||
| |||||||
1 | improved part of the redevelopment project area:
| ||||||
2 | (A) Dilapidation. An advanced state of disrepair | ||||||
3 | or neglect of
necessary
repairs to the primary | ||||||
4 | structural components of buildings or improvements in
| ||||||
5 | such a combination that a documented building | ||||||
6 | condition analysis determines
that major repair is | ||||||
7 | required or the defects are so serious and so | ||||||
8 | extensive
that the buildings must be removed.
| ||||||
9 | (B) Obsolescence. The condition or process of | ||||||
10 | falling into disuse.
Structures have become ill-suited | ||||||
11 | for the original use.
| ||||||
12 | (C) Deterioration. With respect to buildings, | ||||||
13 | defects
including, but not limited to, major defects | ||||||
14 | in
the secondary building components such as doors, | ||||||
15 | windows, porches, gutters and
downspouts, and fascia. | ||||||
16 | With respect to surface improvements, that the
| ||||||
17 | condition of roadways, alleys, curbs, gutters, | ||||||
18 | sidewalks, off-street parking,
and surface storage | ||||||
19 | areas evidence deterioration, including, but not | ||||||
20 | limited
to, surface cracking, crumbling, potholes, | ||||||
21 | depressions, loose paving material,
and weeds | ||||||
22 | protruding through paved surfaces.
| ||||||
23 | (D) Presence of structures below minimum code | ||||||
24 | standards. All structures
that do not meet the | ||||||
25 | standards of zoning, subdivision, building, fire, and
| ||||||
26 | other governmental codes applicable to property, but |
| |||||||
| |||||||
1 | not including housing and
property maintenance codes.
| ||||||
2 | (E) Illegal use of individual structures. The use | ||||||
3 | of structures in
violation of applicable federal, | ||||||
4 | State, or local laws, exclusive of those
applicable to | ||||||
5 | the presence of structures below minimum code | ||||||
6 | standards.
| ||||||
7 | (F) Excessive vacancies. The presence of
buildings | ||||||
8 | that are unoccupied or under-utilized and that | ||||||
9 | represent an adverse
influence on the area because of | ||||||
10 | the frequency, extent, or duration of the
vacancies.
| ||||||
11 | (G) Lack of ventilation, light, or sanitary | ||||||
12 | facilities. The absence of
adequate ventilation for | ||||||
13 | light or air circulation in spaces or rooms without
| ||||||
14 | windows, or that require the removal of dust, odor, | ||||||
15 | gas, smoke, or other
noxious airborne materials. | ||||||
16 | Inadequate natural light and ventilation means
the | ||||||
17 | absence of skylights or windows for interior spaces or | ||||||
18 | rooms and improper
window sizes and amounts by room | ||||||
19 | area to window area ratios. Inadequate
sanitary | ||||||
20 | facilities refers to the absence or inadequacy of | ||||||
21 | garbage storage and
enclosure,
bathroom facilities, | ||||||
22 | hot water and kitchens, and structural inadequacies
| ||||||
23 | preventing ingress and egress to and from all rooms | ||||||
24 | and units within a
building.
| ||||||
25 | (H) Inadequate utilities. Underground and overhead | ||||||
26 | utilities
such as storm sewers and storm drainage, |
| |||||||
| |||||||
1 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
2 | electrical services that are shown to be inadequate. | ||||||
3 | Inadequate utilities are
those that are: (i) of | ||||||
4 | insufficient capacity to serve the uses in the
| ||||||
5 | redevelopment project area, (ii) deteriorated,
| ||||||
6 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
7 | lacking within the
redevelopment project area.
| ||||||
8 | (I) Excessive land coverage and overcrowding of | ||||||
9 | structures and community
facilities. The | ||||||
10 | over-intensive use of property and the crowding of | ||||||
11 | buildings
and accessory facilities onto a site. | ||||||
12 | Examples of problem conditions
warranting the | ||||||
13 | designation of an area as one exhibiting excessive | ||||||
14 | land coverage
are: (i) the presence of buildings | ||||||
15 | either improperly situated on parcels or
located
on | ||||||
16 | parcels of inadequate size and shape in relation to | ||||||
17 | present-day standards of
development for health and | ||||||
18 | safety and (ii) the presence of multiple buildings
on | ||||||
19 | a
single parcel. For there to be a finding of excessive | ||||||
20 | land coverage,
these parcels must exhibit one or more | ||||||
21 | of the following conditions:
insufficient provision | ||||||
22 | for
light and air within or around buildings, | ||||||
23 | increased threat of spread of fire
due to the close | ||||||
24 | proximity of buildings, lack of adequate or proper | ||||||
25 | access to a
public right-of-way, lack of reasonably | ||||||
26 | required off-street parking, or
inadequate provision |
| |||||||
| |||||||
1 | for loading and service.
| ||||||
2 | (J) Deleterious land use or layout. The existence | ||||||
3 | of incompatible
land-use
relationships, buildings | ||||||
4 | occupied by inappropriate mixed-uses, or uses
| ||||||
5 | considered to be noxious, offensive, or unsuitable for | ||||||
6 | the
surrounding area.
| ||||||
7 | (K) Environmental clean-up. The proposed | ||||||
8 | redevelopment project area
has incurred Illinois | ||||||
9 | Environmental Protection Agency or United States
| ||||||
10 | Environmental Protection Agency remediation costs for, | ||||||
11 | or a study conducted by
an independent consultant | ||||||
12 | recognized as having expertise in environmental
| ||||||
13 | remediation has determined a need for, the
clean-up of | ||||||
14 | hazardous
waste, hazardous substances, or underground | ||||||
15 | storage tanks required by State or
federal law, | ||||||
16 | provided that the remediation costs constitute a | ||||||
17 | material
impediment to the development or | ||||||
18 | redevelopment of the redevelopment project
area.
| ||||||
19 | (L) Lack of community planning. The proposed | ||||||
20 | redevelopment project area
was
developed prior to or | ||||||
21 | without the benefit or guidance of a community plan.
| ||||||
22 | This means that the development occurred prior to the | ||||||
23 | adoption by the
municipality of a comprehensive or | ||||||
24 | other community plan or that the plan was
not followed | ||||||
25 | at the time of the area's development. This factor | ||||||
26 | must be
documented by evidence of adverse or |
| |||||||
| |||||||
1 | incompatible land-use relationships,
inadequate street | ||||||
2 | layout, improper subdivision, parcels of inadequate | ||||||
3 | shape and
size to meet contemporary development | ||||||
4 | standards, or other evidence
demonstrating
an absence | ||||||
5 | of effective community planning.
| ||||||
6 | (M) The total equalized assessed value of the | ||||||
7 | proposed redevelopment
project area has declined for 3 | ||||||
8 | of the last 5 calendar years
prior to the year in which | ||||||
9 | the redevelopment project area is designated
or is | ||||||
10 | increasing at an
annual rate that is less
than the | ||||||
11 | balance of the municipality for 3 of the last 5 | ||||||
12 | calendar years
for which
information is available or | ||||||
13 | is increasing at an annual rate that is less than
the | ||||||
14 | Consumer Price Index
for All Urban Consumers published | ||||||
15 | by the United States Department of Labor or
successor | ||||||
16 | agency for 3 of the last 5 calendar years
prior to the | ||||||
17 | year in which the redevelopment project area is | ||||||
18 | designated.
| ||||||
19 | (2) If vacant, the sound growth of the redevelopment | ||||||
20 | project area
is impaired by a
combination of 2 or more of | ||||||
21 | the following factors, each of which
is (i) present, with | ||||||
22 | that presence documented, to a meaningful extent so
that
a | ||||||
23 | municipality may reasonably find that the factor is | ||||||
24 | clearly present
within the intent of the Act and (ii) | ||||||
25 | reasonably distributed throughout the
vacant part of the
| ||||||
26 | redevelopment project area to which it pertains:
|
| |||||||
| |||||||
1 | (A) Obsolete platting of vacant land that results | ||||||
2 | in parcels of
limited or
narrow size or configurations | ||||||
3 | of parcels of irregular size or shape that would
be | ||||||
4 | difficult to develop on
a planned basis and in a manner | ||||||
5 | compatible with contemporary standards and
| ||||||
6 | requirements, or platting that failed to create | ||||||
7 | rights-of-ways for streets or
alleys or that created | ||||||
8 | inadequate right-of-way widths for streets, alleys, or
| ||||||
9 | other public rights-of-way or that omitted easements | ||||||
10 | for public utilities.
| ||||||
11 | (B) Diversity of ownership of parcels of vacant | ||||||
12 | land sufficient in
number to
retard or impede the | ||||||
13 | ability to assemble the land for development.
| ||||||
14 | (C) Tax and special assessment delinquencies exist | ||||||
15 | or the property has
been the subject of tax sales under | ||||||
16 | the Property Tax Code within the last 5
years.
| ||||||
17 | (D) Deterioration of structures or site | ||||||
18 | improvements in neighboring
areas adjacent to the | ||||||
19 | vacant land.
| ||||||
20 | (E) The area has incurred Illinois Environmental | ||||||
21 | Protection Agency or
United States Environmental | ||||||
22 | Protection Agency remediation costs for, or a study
| ||||||
23 | conducted by an independent consultant recognized as | ||||||
24 | having expertise in
environmental remediation has | ||||||
25 | determined a need for, the
clean-up of hazardous
| ||||||
26 | waste, hazardous substances, or underground storage |
| |||||||
| |||||||
1 | tanks required by State or
federal law, provided that | ||||||
2 | the remediation costs
constitute a material impediment | ||||||
3 | to the development or redevelopment of
the
| ||||||
4 | redevelopment project area.
| ||||||
5 | (F) The total equalized assessed value of the | ||||||
6 | proposed redevelopment
project area has declined for 3 | ||||||
7 | of the last 5 calendar years
prior to the year in which | ||||||
8 | the redevelopment project area is designated
or is | ||||||
9 | increasing at an
annual rate that is less
than the | ||||||
10 | balance of the municipality for 3 of the last 5 | ||||||
11 | calendar years for
which information is available or | ||||||
12 | is increasing at an annual rate that is less
than
the | ||||||
13 | Consumer Price Index
for All Urban Consumers published | ||||||
14 | by the United States Department of Labor or
successor | ||||||
15 | agency for 3 of the last 5 calendar years
prior to the | ||||||
16 | year in which the redevelopment project area is | ||||||
17 | designated.
| ||||||
18 | (3) If vacant, the sound growth of the redevelopment | ||||||
19 | project area is
impaired by one of the
following factors | ||||||
20 | that (i) is present, with that presence documented, to a
| ||||||
21 | meaningful extent so that a municipality may reasonably | ||||||
22 | find that the factor is
clearly
present within the intent | ||||||
23 | of the Act and (ii) is reasonably distributed
throughout | ||||||
24 | the vacant part of the
redevelopment project area to which | ||||||
25 | it pertains:
| ||||||
26 | (A) The area consists of one or more unused |
| |||||||
| |||||||
1 | quarries, mines, or strip
mine ponds.
| ||||||
2 | (B) The area consists of unused rail yards, rail | ||||||
3 | tracks, or railroad
rights-of-way.
| ||||||
4 | (C) The area, prior to its designation, is subject | ||||||
5 | to (i) chronic
flooding
that adversely impacts on real | ||||||
6 | property in the area as certified by a
registered
| ||||||
7 | professional engineer or appropriate regulatory agency | ||||||
8 | or (ii) surface water
that
discharges from all or a | ||||||
9 | part of the area and contributes to flooding within
| ||||||
10 | the
same watershed, but only if the redevelopment | ||||||
11 | project provides for facilities
or
improvements to | ||||||
12 | contribute to the alleviation of all or part of the
| ||||||
13 | flooding.
| ||||||
14 | (D) The area consists of an unused or illegal | ||||||
15 | disposal site containing
earth,
stone, building | ||||||
16 | debris, or similar materials that were removed from
| ||||||
17 | construction, demolition, excavation, or dredge sites.
| ||||||
18 | (E) Prior to November 1, 1999, the area
is not less | ||||||
19 | than 50 nor more than 100 acres and 75%
of which is | ||||||
20 | vacant (notwithstanding that the area has been used
| ||||||
21 | for commercial agricultural purposes within 5 years | ||||||
22 | prior to the designation
of the redevelopment project | ||||||
23 | area), and the area meets at least one of
the factors | ||||||
24 | itemized in paragraph (1) of this subsection, the area
| ||||||
25 | has been designated as a town or village center by | ||||||
26 | ordinance or comprehensive
plan adopted prior to |
| |||||||
| |||||||
1 | January 1, 1982, and the area has not been developed
| ||||||
2 | for that designated purpose.
| ||||||
3 | (F) The area qualified as a blighted improved area | ||||||
4 | immediately prior to
becoming vacant, unless there has | ||||||
5 | been substantial private investment in the
immediately | ||||||
6 | surrounding area.
| ||||||
7 | (b) For any redevelopment project area that has been | ||||||
8 | designated pursuant
to this
Section by an ordinance adopted | ||||||
9 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
10 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
11 | in this
Section prior to that date.
| ||||||
12 | On and after November 1, 1999,
"conservation area" means | ||||||
13 | any improved area within the boundaries
of a redevelopment | ||||||
14 | project area located within the territorial limits of
the | ||||||
15 | municipality in which 50% or more of the structures in the area | ||||||
16 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
17 | blighted area but
because of a combination of 3 or more of the | ||||||
18 | following factors is detrimental
to the public safety, health, | ||||||
19 | morals
or welfare and such an area may become a blighted area:
| ||||||
20 | (1) Dilapidation. An advanced state of disrepair or | ||||||
21 | neglect of
necessary
repairs to the primary structural | ||||||
22 | components of buildings or improvements in
such a | ||||||
23 | combination that a documented building condition analysis | ||||||
24 | determines
that major repair is required or the defects | ||||||
25 | are so serious and so extensive
that the buildings must be | ||||||
26 | removed.
|
| |||||||
| |||||||
1 | (2) Obsolescence. The condition or process of falling | ||||||
2 | into disuse.
Structures have become ill-suited for the | ||||||
3 | original use.
| ||||||
4 | (3) Deterioration. With respect to buildings, defects
| ||||||
5 | including, but not limited to, major defects in
the | ||||||
6 | secondary building components such as doors, windows, | ||||||
7 | porches, gutters and
downspouts, and fascia. With respect | ||||||
8 | to surface improvements, that the
condition of roadways, | ||||||
9 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
10 | surface storage areas evidence deterioration, including, | ||||||
11 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
12 | depressions, loose paving material,
and weeds protruding | ||||||
13 | through paved surfaces.
| ||||||
14 | (4) Presence of structures below minimum code | ||||||
15 | standards. All structures
that do not meet the standards | ||||||
16 | of zoning, subdivision, building, fire, and
other | ||||||
17 | governmental codes applicable to property, but not | ||||||
18 | including housing and
property maintenance codes.
| ||||||
19 | (5) Illegal use of individual structures. The use of | ||||||
20 | structures in
violation of applicable federal, State, or | ||||||
21 | local laws, exclusive of those
applicable to the presence | ||||||
22 | of structures below minimum code standards.
| ||||||
23 | (6) Excessive vacancies. The presence of
buildings | ||||||
24 | that are unoccupied or under-utilized and that represent | ||||||
25 | an adverse
influence on the area because of the frequency, | ||||||
26 | extent, or duration of the
vacancies.
|
| |||||||
| |||||||
1 | (7) Lack of ventilation, light, or sanitary | ||||||
2 | facilities. The absence of
adequate ventilation for light | ||||||
3 | or air circulation in spaces or rooms without
windows, or | ||||||
4 | that require the removal of dust, odor, gas, smoke, or | ||||||
5 | other
noxious airborne materials. Inadequate natural light | ||||||
6 | and ventilation means
the absence or inadequacy of | ||||||
7 | skylights or windows for interior spaces or rooms
and | ||||||
8 | improper
window sizes and amounts by room area to window | ||||||
9 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
10 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
11 | bathroom facilities, hot water and kitchens, and | ||||||
12 | structural inadequacies
preventing ingress and egress to | ||||||
13 | and from all rooms and units within a
building.
| ||||||
14 | (8) Inadequate utilities. Underground and overhead | ||||||
15 | utilities
such as storm sewers and storm drainage, | ||||||
16 | sanitary sewers, water lines, and gas,
telephone, and
| ||||||
17 | electrical services that are shown to be inadequate. | ||||||
18 | Inadequate utilities are
those that are: (i) of | ||||||
19 | insufficient capacity to serve the uses in the
| ||||||
20 | redevelopment project area, (ii) deteriorated,
antiquated, | ||||||
21 | obsolete, or in disrepair, or (iii) lacking within the
| ||||||
22 | redevelopment project area.
| ||||||
23 | (9) Excessive land coverage and overcrowding of | ||||||
24 | structures and community
facilities. The over-intensive | ||||||
25 | use of property and the crowding of buildings
and | ||||||
26 | accessory facilities onto a site. Examples of problem |
| |||||||
| |||||||
1 | conditions
warranting the designation of an area as one | ||||||
2 | exhibiting excessive land coverage
are: the presence of | ||||||
3 | buildings either improperly situated on parcels or located
| ||||||
4 | on parcels of inadequate size and shape in relation to | ||||||
5 | present-day standards of
development for health and safety | ||||||
6 | and the presence of multiple buildings on a
single parcel. | ||||||
7 | For there to be a finding of excessive land coverage,
| ||||||
8 | these parcels must exhibit one or more of the following | ||||||
9 | conditions:
insufficient provision for
light and air | ||||||
10 | within or around buildings, increased threat of spread of | ||||||
11 | fire
due to the close proximity of buildings, lack of | ||||||
12 | adequate or proper access to a
public right-of-way, lack | ||||||
13 | of reasonably required off-street parking, or
inadequate | ||||||
14 | provision for loading and service.
| ||||||
15 | (10) Deleterious land use or layout. The existence of | ||||||
16 | incompatible
land-use
relationships, buildings occupied by | ||||||
17 | inappropriate mixed-uses, or uses
considered to be | ||||||
18 | noxious, offensive, or unsuitable for the
surrounding | ||||||
19 | area.
| ||||||
20 | (11) Lack of community planning. The proposed | ||||||
21 | redevelopment project area
was
developed prior to or | ||||||
22 | without the benefit or guidance of a community plan.
This | ||||||
23 | means that the development occurred prior to the adoption | ||||||
24 | by the
municipality of a comprehensive or other community | ||||||
25 | plan or that the plan was
not followed at the time of the | ||||||
26 | area's development. This factor must be
documented by |
| |||||||
| |||||||
1 | evidence of adverse or incompatible land-use | ||||||
2 | relationships,
inadequate street layout, improper | ||||||
3 | subdivision, parcels of inadequate shape and
size to meet | ||||||
4 | contemporary development standards, or other evidence
| ||||||
5 | demonstrating
an absence of effective community planning.
| ||||||
6 | (12) The area has incurred Illinois Environmental | ||||||
7 | Protection Agency or
United
States Environmental | ||||||
8 | Protection Agency remediation costs for, or a study
| ||||||
9 | conducted by an independent consultant recognized as | ||||||
10 | having expertise in
environmental remediation has | ||||||
11 | determined a need for, the clean-up of hazardous
waste, | ||||||
12 | hazardous substances, or underground storage tanks | ||||||
13 | required by State
or federal law, provided that the | ||||||
14 | remediation costs constitute a material
impediment to the | ||||||
15 | development or redevelopment of the redevelopment project
| ||||||
16 | area.
| ||||||
17 | (13) The total equalized assessed value of the | ||||||
18 | proposed redevelopment
project area has declined for 3 of | ||||||
19 | the last 5 calendar years
for which information is
| ||||||
20 | available or is increasing at an annual rate that is less | ||||||
21 | than the balance of
the municipality for 3 of the last 5 | ||||||
22 | calendar years for which information is
available or is | ||||||
23 | increasing at an annual rate that is less
than the | ||||||
24 | Consumer Price Index for All Urban Consumers published by | ||||||
25 | the United
States Department of Labor or successor agency | ||||||
26 | for 3 of the last 5 calendar
years for which information is |
| |||||||
| |||||||
1 | available.
| ||||||
2 | (c) "Industrial park" means an area in a blighted or | ||||||
3 | conservation
area suitable for use by any manufacturing, | ||||||
4 | industrial, research or
transportation enterprise, of | ||||||
5 | facilities to include but not be limited to
factories, mills, | ||||||
6 | processing plants, assembly plants, packing plants,
| ||||||
7 | fabricating plants, industrial distribution centers, | ||||||
8 | warehouses, repair
overhaul or service facilities, freight | ||||||
9 | terminals, research facilities,
test facilities or railroad | ||||||
10 | facilities.
| ||||||
11 | (d) "Industrial park conservation area" means an area | ||||||
12 | within the
boundaries of a redevelopment project area located | ||||||
13 | within the territorial
limits of a municipality that is a | ||||||
14 | labor surplus municipality or within 1
1/2 miles of the | ||||||
15 | territorial limits of a municipality that is a labor
surplus | ||||||
16 | municipality if the area is annexed to the municipality; which
| ||||||
17 | area is zoned as industrial no later than at the time the | ||||||
18 | municipality by
ordinance designates the redevelopment project | ||||||
19 | area, and which area
includes both vacant land suitable for | ||||||
20 | use as an industrial park and a
blighted area or conservation | ||||||
21 | area contiguous to such vacant land.
| ||||||
22 | (e) "Labor surplus municipality" means a municipality in | ||||||
23 | which, at any
time during the 6 months before the municipality | ||||||
24 | by ordinance designates
an industrial park conservation area, | ||||||
25 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
26 | the national average unemployment rate for that same
time as |
| |||||||
| |||||||
1 | published in the United States Department of Labor Bureau of | ||||||
2 | Labor
Statistics publication entitled "The Employment | ||||||
3 | Situation" or its successor
publication. For the purpose of | ||||||
4 | this subsection, if unemployment rate
statistics for the | ||||||
5 | municipality are not available, the unemployment rate in
the | ||||||
6 | municipality shall be deemed to be the same as the | ||||||
7 | unemployment rate in
the principal county in which the | ||||||
8 | municipality is located.
| ||||||
9 | (f) "Municipality" shall mean a city, village, | ||||||
10 | incorporated town, or a township that is located in the | ||||||
11 | unincorporated portion of a county with 3 million or more | ||||||
12 | inhabitants, if the county adopted an ordinance that approved | ||||||
13 | the township's redevelopment plan.
| ||||||
14 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
15 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
16 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
17 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
18 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
19 | transactions at places located in a
State Sales Tax Boundary | ||||||
20 | during the calendar year 1985.
| ||||||
21 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
22 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
23 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
24 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
25 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
26 | transactions at places located within the State Sales Tax |
| |||||||
| |||||||
1 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | ||||||
2 | Act.
| ||||||
3 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
4 | to the
increase in the aggregate amount of taxes paid to a | ||||||
5 | municipality from the
Local Government Tax Fund arising from | ||||||
6 | sales by retailers and servicemen
within the redevelopment | ||||||
7 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
8 | for as long as the redevelopment project area or State
Sales | ||||||
9 | Tax Boundary, as the case may be, exist over and above the | ||||||
10 | aggregate
amount of taxes as certified by the Illinois | ||||||
11 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
12 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
13 | Act by retailers and servicemen, on transactions at places
of | ||||||
14 | business located in the redevelopment project area or State | ||||||
15 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
16 | which shall be the calendar year immediately prior to the year | ||||||
17 | in
which the municipality adopted tax increment allocation | ||||||
18 | financing. For
purposes of computing the aggregate amount of | ||||||
19 | such taxes for base years
occurring prior to 1985, the | ||||||
20 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
21 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
22 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
23 | base year is prior to 1985, but not to exceed a total deduction | ||||||
24 | of 12%.
The amount so determined shall be known as the | ||||||
25 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
26 | determining the Municipal Sales Tax Increment,
the Department |
| |||||||
| |||||||
1 | of Revenue shall for each period subtract from the amount
paid | ||||||
2 | to the municipality from the Local Government Tax Fund arising | ||||||
3 | from
sales by retailers and servicemen on transactions
located | ||||||
4 | in the redevelopment project area or the State Sales Tax | ||||||
5 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
6 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
7 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
8 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
9 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
10 | made by utilizing the calendar year 1987 to determine the tax | ||||||
11 | amounts
received. For the State Fiscal Year 1990, this | ||||||
12 | calculation shall be made
by utilizing the period from January | ||||||
13 | 1, 1988, until September 30, 1988, to
determine the tax | ||||||
14 | amounts received from retailers and servicemen pursuant
to the | ||||||
15 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
16 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
17 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
18 | Adjusted Initial
Sales Tax Amounts or the Revised Initial | ||||||
19 | Sales Tax Amounts as appropriate.
For the State Fiscal Year | ||||||
20 | 1991, this calculation shall be made by utilizing
the period | ||||||
21 | from October 1, 1988, to June 30, 1989, to determine the tax
| ||||||
22 | amounts received from retailers and servicemen pursuant to the | ||||||
23 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
24 | Occupation Tax Act
which shall have deducted therefrom | ||||||
25 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
26 | Adjusted Initial Sales Tax
Amounts or the Revised Initial |
| |||||||
| |||||||
1 | Sales Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
2 | thereafter, the applicable period shall be the 12 months
| ||||||
3 | beginning July 1 and ending June 30 to determine the tax | ||||||
4 | amounts received
which shall have deducted therefrom the | ||||||
5 | certified Initial Sales Tax
Amounts, the Adjusted Initial | ||||||
6 | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | ||||||
7 | the case may be.
| ||||||
8 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
9 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
10 | Increment annually generated
within a State Sales Tax | ||||||
11 | Boundary; (b) 60% of the amount in excess of
$100,000 but not | ||||||
12 | exceeding $500,000 of State Sales Tax Increment annually
| ||||||
13 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
14 | amounts in
excess of $500,000 of State Sales Tax Increment | ||||||
15 | annually generated within a
State Sales Tax Boundary. If, | ||||||
16 | however, a municipality established a tax
increment financing | ||||||
17 | district in a county with a population in excess of
3,000,000 | ||||||
18 | before January 1, 1986, and the municipality entered into a
| ||||||
19 | contract or issued bonds after January 1, 1986, but before | ||||||
20 | December 31, 1986,
to finance redevelopment project costs | ||||||
21 | within a State Sales Tax
Boundary, then the Net State Sales Tax | ||||||
22 | Increment means, for the fiscal years
beginning July 1, 1990, | ||||||
23 | and July 1, 1991, 100% of the State Sales Tax
Increment | ||||||
24 | annually generated within a State Sales Tax Boundary; and
| ||||||
25 | notwithstanding any other provision of this Act, for those | ||||||
26 | fiscal years the
Department of Revenue shall distribute to |
| |||||||
| |||||||
1 | those municipalities 100% of
their Net State Sales Tax | ||||||
2 | Increment before any distribution to any other
municipality | ||||||
3 | and regardless of whether or not those other municipalities
| ||||||
4 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
5 | Fiscal Year
1999, and every year thereafter until the year | ||||||
6 | 2007, for any municipality
that has not entered into a | ||||||
7 | contract or has not issued bonds prior to June
1, 1988 to | ||||||
8 | finance redevelopment project costs within a State Sales Tax
| ||||||
9 | Boundary, the Net State Sales Tax Increment shall be | ||||||
10 | calculated as follows:
By multiplying the Net State Sales Tax | ||||||
11 | Increment by 90% in the State Fiscal
Year 1999; 80% in the | ||||||
12 | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | ||||||
13 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
14 | 2003; 40%
in the State Fiscal Year 2004; 30% in the State | ||||||
15 | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | ||||||
16 | the State Fiscal Year 2007. No
payment shall be made for State | ||||||
17 | Fiscal Year 2008 and thereafter.
| ||||||
18 | Municipalities that issued bonds in connection with a | ||||||
19 | redevelopment project
in a redevelopment project area within | ||||||
20 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
21 | entered into contracts in connection with a redevelopment | ||||||
22 | project in
a redevelopment project area before June 1, 1988,
| ||||||
23 | shall continue to receive their proportional share of the
| ||||||
24 | Illinois Tax Increment Fund distribution until the date on | ||||||
25 | which the
redevelopment project is completed or terminated.
| ||||||
26 | If, however, a municipality that issued bonds in connection |
| |||||||
| |||||||
1 | with a
redevelopment project in a redevelopment project area | ||||||
2 | within the State Sales
Tax Boundary prior to July 29, 1991 | ||||||
3 | retires the bonds prior to June 30, 2007 or
a municipality that | ||||||
4 | entered into contracts in connection with a redevelopment
| ||||||
5 | project in a redevelopment project area before June 1, 1988 | ||||||
6 | completes the
contracts prior to June 30, 2007, then so long as | ||||||
7 | the redevelopment project is
not
completed or is not | ||||||
8 | terminated, the Net State Sales Tax Increment shall be
| ||||||
9 | calculated, beginning on the date on which the bonds are | ||||||
10 | retired or the
contracts are completed, as follows: By | ||||||
11 | multiplying the Net State Sales Tax
Increment by 60% in the | ||||||
12 | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | ||||||
13 | in the State Fiscal Year 2004; 30%
in the State Fiscal Year | ||||||
14 | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State | ||||||
15 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
16 | Year
2008 and thereafter.
Refunding of any bonds issued
prior | ||||||
17 | to July 29, 1991, shall not alter the Net State Sales Tax | ||||||
18 | Increment.
| ||||||
19 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
20 | equal to the
aggregate increase in State electric and gas tax | ||||||
21 | charges imposed on owners
and tenants, other than residential | ||||||
22 | customers, of properties located within
the redevelopment | ||||||
23 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
24 | over and above the aggregate of such charges as certified by | ||||||
25 | the
Department of Revenue and paid by owners and tenants, | ||||||
26 | other than
residential customers, of properties within the |
| |||||||
| |||||||
1 | redevelopment project area
during the base year, which shall | ||||||
2 | be the calendar year immediately prior to
the year of the | ||||||
3 | adoption of the ordinance authorizing tax increment allocation
| ||||||
4 | financing.
| ||||||
5 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
6 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
7 | Increment annually
generated by a redevelopment project area; | ||||||
8 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
9 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
10 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
11 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
12 | generated by a redevelopment project area. For the State | ||||||
13 | Fiscal Year 1999,
and every year thereafter until the year | ||||||
14 | 2007, for any municipality that
has not entered into a | ||||||
15 | contract or has not issued bonds prior to June 1,
1988 to | ||||||
16 | finance redevelopment project costs within a redevelopment | ||||||
17 | project
area, the Net State Utility Tax Increment shall be | ||||||
18 | calculated as follows:
By multiplying the Net State Utility | ||||||
19 | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | ||||||
20 | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | ||||||
21 | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | ||||||
22 | 2003; 40% in the State Fiscal Year 2004; 30% in the State
| ||||||
23 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
24 | the State
Fiscal Year 2007. No payment shall be made for the | ||||||
25 | State Fiscal Year 2008
and thereafter.
| ||||||
26 | Municipalities that issue bonds in connection with the |
| |||||||
| |||||||
1 | redevelopment project
during the period from June 1, 1988 | ||||||
2 | until 3 years after the effective date
of this Amendatory Act | ||||||
3 | of 1988 shall receive the Net State Utility Tax
Increment, | ||||||
4 | subject to appropriation, for 15 State Fiscal Years after the
| ||||||
5 | issuance of such bonds. For the 16th through the 20th State | ||||||
6 | Fiscal Years
after issuance of the bonds, the Net State | ||||||
7 | Utility Tax Increment shall be
calculated as follows: By | ||||||
8 | multiplying the Net State Utility Tax Increment
by 90% in year | ||||||
9 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | ||||||
10 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
11 | shall not
alter the revised Net State Utility Tax Increment | ||||||
12 | payments set forth above.
| ||||||
13 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
14 | special certificates
or other evidence of indebtedness issued | ||||||
15 | by the municipality to carry out
a redevelopment project or to | ||||||
16 | refund outstanding obligations.
| ||||||
17 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
18 | revenues from
real property in a redevelopment project area | ||||||
19 | derived from real property that
has been acquired by a | ||||||
20 | municipality
which according to the redevelopment project or | ||||||
21 | plan is to be used for a
private use which taxing districts | ||||||
22 | would have received had a municipality
not acquired the real | ||||||
23 | property and adopted tax increment allocation
financing and | ||||||
24 | which would result from
levies made after the time of the | ||||||
25 | adoption of tax increment allocation
financing to the time the | ||||||
26 | current equalized value of real property in the
redevelopment |
| |||||||
| |||||||
1 | project area exceeds the total initial equalized value of
real | ||||||
2 | property in said area.
| ||||||
3 | (n) "Redevelopment plan" means the comprehensive program | ||||||
4 | of
the municipality for development or redevelopment intended | ||||||
5 | by the payment of
redevelopment project costs to reduce or | ||||||
6 | eliminate those conditions the
existence of which qualified | ||||||
7 | the redevelopment project area as
a "blighted
area" or | ||||||
8 | "conservation area" or combination thereof or "industrial park
| ||||||
9 | conservation area," and thereby to enhance the tax bases of | ||||||
10 | the taxing
districts which extend into the redevelopment | ||||||
11 | project area, provided that, with respect to redevelopment | ||||||
12 | project areas described in subsections (p-1) and (p-2), | ||||||
13 | "redevelopment plan" means the comprehensive program of the | ||||||
14 | affected municipality for the development of qualifying | ||||||
15 | transit facilities.
On and after November 1, 1999 (the | ||||||
16 | effective date of
Public Act 91-478), no
redevelopment plan | ||||||
17 | may be approved or amended that includes the development of
| ||||||
18 | vacant land (i) with a golf course and related clubhouse and | ||||||
19 | other facilities
or (ii) designated by federal, State, county, | ||||||
20 | or municipal government as public
land for outdoor | ||||||
21 | recreational activities or for nature preserves and used for
| ||||||
22 | that purpose within 5
years prior to the adoption of the | ||||||
23 | redevelopment plan. For the purpose of
this subsection, | ||||||
24 | "recreational activities" is limited to mean camping and
| ||||||
25 | hunting.
Each
redevelopment plan shall set forth in writing | ||||||
26 | the program to be undertaken
to accomplish the objectives and |
| |||||||
| |||||||
1 | shall include but not be limited to:
| ||||||
2 | (A) an itemized list of estimated redevelopment | ||||||
3 | project costs;
| ||||||
4 | (B) evidence indicating that the redevelopment project | ||||||
5 | area on the whole
has not been subject to growth and | ||||||
6 | development through investment by private
enterprise, | ||||||
7 | provided that such evidence shall not be required for any | ||||||
8 | redevelopment project area located within a transit | ||||||
9 | facility improvement area established pursuant to Section | ||||||
10 | 11-74.4-3.3;
| ||||||
11 | (C) an assessment of any financial impact of the | ||||||
12 | redevelopment project
area on or any increased demand for | ||||||
13 | services from any taxing district affected
by the plan and | ||||||
14 | any program to address such financial impact or increased
| ||||||
15 | demand;
| ||||||
16 | (D) the sources of funds to pay costs;
| ||||||
17 | (E) the nature and term of the obligations to be | ||||||
18 | issued;
| ||||||
19 | (F) the most recent equalized assessed valuation of | ||||||
20 | the redevelopment
project area;
| ||||||
21 | (G) an estimate as to the equalized assessed valuation | ||||||
22 | after redevelopment
and the general land uses to apply in | ||||||
23 | the redevelopment project area;
| ||||||
24 | (H) a commitment to fair employment practices and an | ||||||
25 | affirmative action
plan;
| ||||||
26 | (I) if it concerns an industrial park
conservation |
| |||||||
| |||||||
1 | area, the plan shall
also include a general description
of | ||||||
2 | any proposed developer, user and tenant of any property, a | ||||||
3 | description
of the type, structure and general character | ||||||
4 | of the facilities to be
developed, a description of the | ||||||
5 | type, class and number of new employees to
be employed in | ||||||
6 | the operation of the facilities to be developed; and
| ||||||
7 | (J) if property is to be annexed to the municipality, | ||||||
8 | the plan shall
include the terms of the annexation | ||||||
9 | agreement.
| ||||||
10 | The provisions of items (B) and (C) of this subsection (n) | ||||||
11 | shall not apply to
a municipality that before March 14, 1994 | ||||||
12 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
13 | its
corporate authorities or by a commission designated under | ||||||
14 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
15 | public hearing as required by
subsection (a) of Section | ||||||
16 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
17 | municipality complies with all of the following requirements:
| ||||||
18 | (1) The municipality finds that the redevelopment | ||||||
19 | project area on
the whole has not been subject to growth | ||||||
20 | and development through investment
by private enterprise | ||||||
21 | and would not reasonably be anticipated to be
developed | ||||||
22 | without the adoption of the redevelopment plan, provided, | ||||||
23 | however, that such a finding shall not be required with | ||||||
24 | respect to any redevelopment project area located within a | ||||||
25 | transit facility improvement area established pursuant to | ||||||
26 | Section 11-74.4-3.3.
|
| |||||||
| |||||||
1 | (2) The municipality finds that the redevelopment plan | ||||||
2 | and project conform
to the comprehensive plan for the | ||||||
3 | development of the municipality as a whole,
or, for | ||||||
4 | municipalities with a population of 100,000 or more, | ||||||
5 | regardless of when
the redevelopment plan and project was | ||||||
6 | adopted, the redevelopment plan and
project either: (i) | ||||||
7 | conforms to the strategic economic development or
| ||||||
8 | redevelopment plan issued by the designated planning | ||||||
9 | authority of the
municipality, or (ii) includes land uses | ||||||
10 | that have been approved by the
planning commission of the | ||||||
11 | municipality.
| ||||||
12 | (3) The redevelopment plan establishes the estimated | ||||||
13 | dates of completion
of the redevelopment project and | ||||||
14 | retirement of obligations issued to finance
redevelopment | ||||||
15 | project costs. Those dates may not be later than the dates | ||||||
16 | set forth under Section 11-74.4-3.5.
| ||||||
17 | A municipality may by municipal ordinance amend an | ||||||
18 | existing redevelopment
plan to conform to this paragraph | ||||||
19 | (3) as amended by Public Act 91-478, which
municipal | ||||||
20 | ordinance may be adopted without
further hearing or
notice | ||||||
21 | and without complying with the procedures provided in this | ||||||
22 | Act
pertaining to an amendment to or the initial approval | ||||||
23 | of a redevelopment plan
and project and
designation of a | ||||||
24 | redevelopment project area.
| ||||||
25 | (3.5) The municipality finds, in the case of an | ||||||
26 | industrial
park
conservation area, also that the |
| |||||||
| |||||||
1 | municipality is a labor surplus municipality
and that the | ||||||
2 | implementation of the redevelopment plan will reduce | ||||||
3 | unemployment,
create new jobs and by the provision of new | ||||||
4 | facilities enhance the tax base of
the taxing districts | ||||||
5 | that extend into the redevelopment project area.
| ||||||
6 | (4) If any incremental revenues are being utilized | ||||||
7 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
8 | redevelopment project areas approved by ordinance
after | ||||||
9 | January 1, 1986, the municipality finds: (a) that the | ||||||
10 | redevelopment
project area would not reasonably be | ||||||
11 | developed without the use of such
incremental revenues, | ||||||
12 | and (b) that such incremental revenues will be
exclusively | ||||||
13 | utilized for the development of the redevelopment project | ||||||
14 | area.
| ||||||
15 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
16 | displacement of
residents from 10 or more inhabited | ||||||
17 | residential units, and the
municipality certifies in the | ||||||
18 | plan that
such displacement will not result from the plan; | ||||||
19 | or (b) the redevelopment plan is for a redevelopment | ||||||
20 | project area or a qualifying transit facility located | ||||||
21 | within a transit facility improvement area established | ||||||
22 | pursuant to Section 11-74.4-3.3, and the applicable | ||||||
23 | project is subject to the process for evaluation of | ||||||
24 | environmental effects under the National Environmental | ||||||
25 | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing | ||||||
26 | impact study
need not be performed.
If, however, the |
| |||||||
| |||||||
1 | redevelopment plan would result in the displacement
of
| ||||||
2 | residents from 10 or more inhabited
residential units,
or | ||||||
3 | if the redevelopment project area contains 75 or more | ||||||
4 | inhabited residential
units and no
certification is made,
| ||||||
5 | then the municipality shall prepare, as part of the | ||||||
6 | separate
feasibility report required by subsection (a) of | ||||||
7 | Section 11-74.4-5, a housing
impact study.
| ||||||
8 | Part I of the housing impact study shall include (i) | ||||||
9 | data as to whether
the residential units are single family | ||||||
10 | or multi-family units,
(ii) the number and type of rooms | ||||||
11 | within the units, if that information is
available, (iii) | ||||||
12 | whether
the
units are inhabited or uninhabited, as | ||||||
13 | determined not less than 45
days before the date that the | ||||||
14 | ordinance or resolution required
by subsection (a) of | ||||||
15 | Section 11-74.4-5 is passed, and (iv) data as to the
| ||||||
16 | racial and ethnic composition of the residents in the | ||||||
17 | inhabited residential
units. The data requirement as to | ||||||
18 | the racial and ethnic composition of the
residents in the | ||||||
19 | inhabited residential units shall be deemed to be fully
| ||||||
20 | satisfied by data from the most recent federal census.
| ||||||
21 | Part II of the housing impact study shall identify the | ||||||
22 | inhabited
residential units in the proposed redevelopment | ||||||
23 | project area that are to be or
may be removed. If inhabited | ||||||
24 | residential units are to be removed, then the
housing | ||||||
25 | impact study shall identify (i) the number and location of | ||||||
26 | those units
that will or may be removed, (ii) the |
| |||||||
| |||||||
1 | municipality's plans for relocation
assistance for those | ||||||
2 | residents in the proposed redevelopment project area
whose | ||||||
3 | residences are to be removed, (iii) the availability of | ||||||
4 | replacement
housing for those residents whose residences | ||||||
5 | are to be removed, and shall
identify the type, location, | ||||||
6 | and cost of the housing, and (iv) the type and
extent
of | ||||||
7 | relocation assistance to be provided.
| ||||||
8 | (6) On and after November 1, 1999, the
housing impact | ||||||
9 | study required by paragraph (5) shall be
incorporated in | ||||||
10 | the redevelopment plan for the
redevelopment project area.
| ||||||
11 | (7) On and after November 1, 1999, no
redevelopment | ||||||
12 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
13 | shall residential housing that is
occupied by households | ||||||
14 | of low-income and very low-income
persons in currently | ||||||
15 | existing redevelopment project
areas be removed after | ||||||
16 | November 1, 1999 unless the redevelopment plan provides, | ||||||
17 | with
respect to inhabited housing units that are to be | ||||||
18 | removed for
households of low-income and very low-income | ||||||
19 | persons, affordable
housing and relocation assistance not | ||||||
20 | less than that which would
be provided under the federal | ||||||
21 | Uniform Relocation Assistance and
Real Property | ||||||
22 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
23 | that Act, including the eligibility criteria.
Affordable | ||||||
24 | housing may be either existing or newly constructed
| ||||||
25 | housing. For purposes of this paragraph (7), "low-income
| ||||||
26 | households", "very low-income households", and "affordable
|
| |||||||
| |||||||
1 | housing" have the meanings set forth in the Illinois | ||||||
2 | Affordable
Housing Act.
The municipality shall make a good | ||||||
3 | faith effort to ensure that this affordable
housing is | ||||||
4 | located in or near the redevelopment project area within | ||||||
5 | the
municipality.
| ||||||
6 | (8) On and after November 1, 1999, if,
after the | ||||||
7 | adoption of the redevelopment plan for the
redevelopment | ||||||
8 | project area, any municipality desires to amend its
| ||||||
9 | redevelopment plan
to remove more inhabited residential | ||||||
10 | units than
specified in its original redevelopment plan, | ||||||
11 | that change shall be made in
accordance with the | ||||||
12 | procedures in subsection (c) of Section 11-74.4-5.
| ||||||
13 | (9) For redevelopment project areas designated prior | ||||||
14 | to November 1,
1999, the redevelopment plan may be amended | ||||||
15 | without further joint review board
meeting or hearing, | ||||||
16 | provided that the municipality shall give notice of any
| ||||||
17 | such changes by mail to each affected taxing district and | ||||||
18 | registrant on the
interested party registry, to authorize | ||||||
19 | the municipality to expend tax
increment revenues for | ||||||
20 | redevelopment project costs defined by paragraphs (5)
and | ||||||
21 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
22 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, | ||||||
23 | so long as the changes do not increase the
total estimated | ||||||
24 | redevelopment project costs set out in the redevelopment | ||||||
25 | plan
by more than 5% after adjustment for inflation from | ||||||
26 | the date the plan was
adopted.
|
| |||||||
| |||||||
1 | (o) "Redevelopment project" means any public and private | ||||||
2 | development project
in furtherance of the objectives of a | ||||||
3 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
4 | effective date of Public Act 91-478), no
redevelopment plan | ||||||
5 | may be approved or amended that includes the development
of | ||||||
6 | vacant land (i) with a golf course and related clubhouse and | ||||||
7 | other
facilities
or (ii) designated by federal, State, county, | ||||||
8 | or municipal government as public
land for outdoor | ||||||
9 | recreational activities or for nature preserves and used for
| ||||||
10 | that purpose within 5
years prior to the adoption of the | ||||||
11 | redevelopment plan. For the purpose of
this subsection, | ||||||
12 | "recreational activities" is limited to mean camping and
| ||||||
13 | hunting.
| ||||||
14 | (p) "Redevelopment project area" means an area designated | ||||||
15 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
16 | 1/2 acres and in
respect to which the municipality has made a | ||||||
17 | finding that there exist
conditions which cause the area to be | ||||||
18 | classified as an industrial park
conservation area or a | ||||||
19 | blighted area or a conservation area, or a
combination of both | ||||||
20 | blighted areas and conservation areas.
| ||||||
21 | (p-1) Notwithstanding any provision of this Act to the | ||||||
22 | contrary, on and after August 25, 2009 (the effective date of | ||||||
23 | Public Act 96-680), a redevelopment project area may include | ||||||
24 | areas within a one-half mile radius of an existing or proposed | ||||||
25 | Regional Transportation Authority Suburban Transit Access | ||||||
26 | Route (STAR Line) station without a finding that the area is |
| |||||||
| |||||||
1 | classified as an industrial park conservation area, a blighted | ||||||
2 | area, a conservation area, or a combination thereof, but only | ||||||
3 | if the municipality receives unanimous consent from the joint | ||||||
4 | review board created to review the proposed redevelopment | ||||||
5 | project area. | ||||||
6 | (p-2) Notwithstanding any provision of this Act to the | ||||||
7 | contrary, on and after the effective date of this amendatory | ||||||
8 | Act of the 99th General Assembly, a redevelopment project area | ||||||
9 | may include areas within a transit facility improvement area | ||||||
10 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
11 | without a finding that the area is classified as an industrial | ||||||
12 | park conservation area, a blighted area, a conservation area, | ||||||
13 | or any combination thereof. | ||||||
14 | (q) "Redevelopment project costs", except for | ||||||
15 | redevelopment project areas created pursuant to subsection | ||||||
16 | (p-1) or (p-2), means and includes the sum total of all
| ||||||
17 | reasonable or necessary costs incurred or estimated to be | ||||||
18 | incurred, and
any such costs incidental to a redevelopment | ||||||
19 | plan and a redevelopment
project. Such costs include, without | ||||||
20 | limitation, the following:
| ||||||
21 | (1) Costs of studies, surveys, development of plans, | ||||||
22 | and
specifications, implementation and administration of | ||||||
23 | the redevelopment
plan including but not limited to staff | ||||||
24 | and professional service costs for
architectural, | ||||||
25 | engineering, legal, financial, planning or other
services, | ||||||
26 | provided however that no charges for professional services |
| |||||||
| |||||||
1 | may be
based on a percentage of the tax increment | ||||||
2 | collected; except that on and
after November 1, 1999 (the | ||||||
3 | effective date of Public Act 91-478), no
contracts for
| ||||||
4 | professional services, excluding architectural and | ||||||
5 | engineering services, may be
entered into if the terms of | ||||||
6 | the contract extend
beyond a period of 3 years. In | ||||||
7 | addition, "redevelopment project costs" shall
not include | ||||||
8 | lobbying expenses.
After consultation with the | ||||||
9 | municipality, each tax
increment consultant or advisor to | ||||||
10 | a municipality that plans to designate or
has designated a | ||||||
11 | redevelopment project area shall inform the municipality | ||||||
12 | in
writing of any contracts that the consultant or advisor | ||||||
13 | has entered into with
entities or individuals that have | ||||||
14 | received, or are receiving, payments financed
by tax
| ||||||
15 | increment revenues produced by the redevelopment project | ||||||
16 | area with respect to
which the consultant or advisor has | ||||||
17 | performed, or will be performing, service
for the
| ||||||
18 | municipality. This requirement shall be satisfied by the | ||||||
19 | consultant or advisor
before the commencement of services | ||||||
20 | for the municipality and thereafter
whenever any other | ||||||
21 | contracts with those individuals or entities are executed | ||||||
22 | by
the consultant or advisor;
| ||||||
23 | (1.5) After July 1, 1999, annual administrative costs | ||||||
24 | shall
not include general overhead or
administrative costs | ||||||
25 | of the municipality
that would still have been incurred by | ||||||
26 | the municipality if the municipality had
not
designated a |
| |||||||
| |||||||
1 | redevelopment project area or approved a redevelopment | ||||||
2 | plan;
| ||||||
3 | (1.6) The cost of
marketing sites within the | ||||||
4 | redevelopment project area to prospective
businesses, | ||||||
5 | developers, and investors;
| ||||||
6 | (2) Property assembly costs, including but not limited | ||||||
7 | to acquisition
of land and other property, real or | ||||||
8 | personal, or rights or interests therein,
demolition of | ||||||
9 | buildings, site preparation, site improvements that serve | ||||||
10 | as an
engineered barrier addressing ground level or below | ||||||
11 | ground environmental
contamination, including, but not | ||||||
12 | limited to parking lots and other concrete
or asphalt | ||||||
13 | barriers, and the clearing and grading of
land;
| ||||||
14 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
15 | or remodeling of
existing public or private buildings, | ||||||
16 | fixtures, and leasehold
improvements; and the cost of | ||||||
17 | replacing
an existing public building if pursuant to the | ||||||
18 | implementation of a
redevelopment project the existing | ||||||
19 | public building is to be demolished to use
the site for | ||||||
20 | private investment or
devoted to a different use requiring | ||||||
21 | private investment; including any direct or indirect costs | ||||||
22 | relating to Green Globes or LEED certified construction | ||||||
23 | elements or construction elements with an equivalent | ||||||
24 | certification;
| ||||||
25 | (4) Costs of the construction of public works or | ||||||
26 | improvements, including any direct or indirect costs |
| |||||||
| |||||||
1 | relating to Green Globes or LEED certified construction | ||||||
2 | elements or construction elements with an equivalent | ||||||
3 | certification, except
that on and after November 1, 1999,
| ||||||
4 | redevelopment
project costs shall not include the cost of | ||||||
5 | constructing a
new municipal public building principally | ||||||
6 | used to provide
offices, storage space, or conference | ||||||
7 | facilities or vehicle storage,
maintenance, or repair for | ||||||
8 | administrative,
public safety, or public works personnel
| ||||||
9 | and that is not intended to replace an existing
public | ||||||
10 | building as provided under paragraph (3) of subsection (q) | ||||||
11 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
12 | the new municipal building
implements a redevelopment | ||||||
13 | project that was included in a redevelopment plan
that was | ||||||
14 | adopted by the municipality prior to November 1, 1999, | ||||||
15 | (ii) the
municipality makes a reasonable
determination in | ||||||
16 | the redevelopment plan, supported by information that | ||||||
17 | provides
the basis for that determination, that the new | ||||||
18 | municipal building is required
to meet an increase in the | ||||||
19 | need for public safety purposes anticipated to
result from | ||||||
20 | the implementation of the redevelopment plan, or (iii) the | ||||||
21 | new municipal public building is for the storage, | ||||||
22 | maintenance, or repair of transit vehicles and is located | ||||||
23 | in a transit facility improvement area that has been | ||||||
24 | established pursuant to Section 11-74.4-3.3;
| ||||||
25 | (5) Costs of job training and retraining projects, | ||||||
26 | including the cost of
"welfare to work" programs |
| |||||||
| |||||||
1 | implemented by businesses located within the
redevelopment | ||||||
2 | project area;
| ||||||
3 | (6) Financing costs, including but not limited to all | ||||||
4 | necessary and
incidental expenses related to the issuance | ||||||
5 | of obligations and which may
include payment of interest | ||||||
6 | on any obligations issued hereunder including
interest | ||||||
7 | accruing
during the estimated period of construction of | ||||||
8 | any redevelopment project
for which such obligations are | ||||||
9 | issued and for not exceeding 36 months
thereafter and | ||||||
10 | including reasonable reserves related thereto;
| ||||||
11 | (7) To the extent the municipality by written | ||||||
12 | agreement accepts and
approves
the same, all or a portion | ||||||
13 | of a taxing district's capital costs resulting
from the | ||||||
14 | redevelopment project necessarily incurred or to be | ||||||
15 | incurred within a
taxing district in
furtherance of the | ||||||
16 | objectives of the redevelopment plan and project;
| ||||||
17 | (7.5) For redevelopment project areas designated (or | ||||||
18 | redevelopment
project areas amended to add or increase the | ||||||
19 | number of
tax-increment-financing assisted housing units) | ||||||
20 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
21 | unit school
district's increased costs attributable to | ||||||
22 | assisted housing units located
within the
redevelopment | ||||||
23 | project area for which the developer or redeveloper | ||||||
24 | receives
financial assistance through an agreement with | ||||||
25 | the municipality or because the
municipality incurs the | ||||||
26 | cost of necessary infrastructure improvements within
the |
| |||||||
| |||||||
1 | boundaries of the assisted housing sites necessary for the | ||||||
2 | completion of
that housing
as authorized by this Act, and | ||||||
3 | which costs shall be paid by the municipality
from the | ||||||
4 | Special Tax Allocation Fund when the tax increment revenue | ||||||
5 | is received
as a result of the assisted housing units and | ||||||
6 | shall be calculated annually as
follows:
| ||||||
7 | (A) for foundation districts, excluding any school | ||||||
8 | district in a
municipality with a population in excess | ||||||
9 | of 1,000,000, by multiplying the
district's increase | ||||||
10 | in attendance resulting from the net increase in new
| ||||||
11 | students enrolled in that school district who reside | ||||||
12 | in housing units within
the redevelopment project area | ||||||
13 | that have received financial assistance through
an | ||||||
14 | agreement with the municipality or because the | ||||||
15 | municipality incurs the cost
of necessary | ||||||
16 | infrastructure improvements within the boundaries of | ||||||
17 | the housing
sites necessary for the completion of that | ||||||
18 | housing as authorized by this Act
since the | ||||||
19 | designation of the redevelopment project area by the | ||||||
20 | most recently
available per capita tuition cost as | ||||||
21 | defined in Section 10-20.12a of the School
Code less | ||||||
22 | any increase in general State aid as defined in | ||||||
23 | Section 18-8.05 of
the School Code or evidence-based | ||||||
24 | funding as defined in Section 18-8.15 of the School | ||||||
25 | Code attributable to these added new students subject | ||||||
26 | to the
following annual limitations:
|
| |||||||
| |||||||
1 | (i) for unit school districts with a district | ||||||
2 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
3 | than $5,900, no more than 25% of the total amount | ||||||
4 | of
property tax increment revenue produced by | ||||||
5 | those housing units that have
received tax | ||||||
6 | increment finance assistance under this Act;
| ||||||
7 | (ii) for elementary school districts with a | ||||||
8 | district average 1995-96
Per
Capita Tuition Charge | ||||||
9 | of less than $5,900, no more than 17% of the total | ||||||
10 | amount
of property tax increment revenue produced | ||||||
11 | by those housing units that have
received tax | ||||||
12 | increment finance assistance under this Act; and
| ||||||
13 | (iii) for secondary school districts with a | ||||||
14 | district average 1995-96
Per
Capita Tuition Charge | ||||||
15 | of less than $5,900, no more than 8% of the total | ||||||
16 | amount
of property tax increment revenue produced | ||||||
17 | by those housing units that have
received tax | ||||||
18 | increment finance assistance under this Act.
| ||||||
19 | (B) For alternate method districts, flat grant | ||||||
20 | districts, and foundation
districts with a district | ||||||
21 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
22 | more than $5,900, excluding any school district with a | ||||||
23 | population in excess of
1,000,000, by multiplying the | ||||||
24 | district's increase in attendance
resulting
from the | ||||||
25 | net increase in new students enrolled in that school | ||||||
26 | district who
reside in
housing units within the |
| |||||||
| |||||||
1 | redevelopment project area that have received
| ||||||
2 | financial assistance through an agreement with the | ||||||
3 | municipality or because the
municipality incurs the | ||||||
4 | cost of necessary infrastructure improvements within
| ||||||
5 | the boundaries of the housing sites necessary for the | ||||||
6 | completion of that
housing as authorized by this Act | ||||||
7 | since the designation of the redevelopment
project | ||||||
8 | area by the most recently available per capita tuition | ||||||
9 | cost as defined
in Section 10-20.12a of the School | ||||||
10 | Code less any increase in general state aid
as defined | ||||||
11 | in Section 18-8.05 of the School Code or | ||||||
12 | evidence-based funding as defined in Section 18-8.15 | ||||||
13 | of the School Code attributable to these added
new | ||||||
14 | students subject to the following annual limitations:
| ||||||
15 | (i) for unit school districts, no more than | ||||||
16 | 40% of the total amount of
property tax increment | ||||||
17 | revenue produced by those housing units that have
| ||||||
18 | received tax increment finance assistance under | ||||||
19 | this Act;
| ||||||
20 | (ii) for elementary school districts, no more | ||||||
21 | than 27% of the total
amount
of property tax | ||||||
22 | increment revenue produced by those housing units | ||||||
23 | that have
received tax increment finance | ||||||
24 | assistance under this Act; and
| ||||||
25 | (iii) for secondary school districts, no more | ||||||
26 | than 13% of the total
amount
of property tax |
| |||||||
| |||||||
1 | increment revenue produced by those housing units | ||||||
2 | that have
received tax increment finance | ||||||
3 | assistance under this Act.
| ||||||
4 | (C) For any school district in a municipality with | ||||||
5 | a population in
excess of
1,000,000, the following | ||||||
6 | restrictions shall apply to the
reimbursement of | ||||||
7 | increased costs under this paragraph (7.5):
| ||||||
8 | (i) no increased costs shall be reimbursed | ||||||
9 | unless the school district
certifies that each of | ||||||
10 | the schools affected by the assisted housing | ||||||
11 | project
is at or over its student capacity;
| ||||||
12 | (ii) the amount reimbursable shall be reduced | ||||||
13 | by the value of any
land
donated to the school | ||||||
14 | district by the municipality or developer, and by | ||||||
15 | the
value of any physical improvements made to the | ||||||
16 | schools by the
municipality or developer; and
| ||||||
17 | (iii) the amount reimbursed may not affect | ||||||
18 | amounts otherwise obligated
by
the terms of any | ||||||
19 | bonds, notes, or other funding instruments, or the | ||||||
20 | terms of
any redevelopment agreement.
| ||||||
21 | Any school district seeking payment under this | ||||||
22 | paragraph (7.5) shall,
after July 1 and before | ||||||
23 | September 30 of each year,
provide the municipality | ||||||
24 | with reasonable evidence to support its claim for
| ||||||
25 | reimbursement before the municipality shall be | ||||||
26 | required to approve or make
the payment to the school |
| |||||||
| |||||||
1 | district. If the school district fails to provide
the | ||||||
2 | information during this period in any year, it shall | ||||||
3 | forfeit any claim to
reimbursement for that year. | ||||||
4 | School districts may adopt a resolution
waiving the | ||||||
5 | right to all or a portion of the reimbursement | ||||||
6 | otherwise required
by this paragraph
(7.5). By | ||||||
7 | acceptance of this reimbursement the school
district | ||||||
8 | waives the right to directly or indirectly set aside, | ||||||
9 | modify, or
contest in any manner the establishment of | ||||||
10 | the redevelopment project area or
projects;
| ||||||
11 | (7.7) For redevelopment project areas designated (or | ||||||
12 | redevelopment
project areas amended to add or increase the | ||||||
13 | number of
tax-increment-financing assisted housing units) | ||||||
14 | on or after
January 1, 2005 (the effective date of Public | ||||||
15 | Act 93-961),
a public library
district's increased costs | ||||||
16 | attributable to assisted housing units located
within the
| ||||||
17 | redevelopment project area for which the developer or | ||||||
18 | redeveloper receives
financial assistance through an | ||||||
19 | agreement with the municipality or because the
| ||||||
20 | municipality incurs the cost of necessary infrastructure | ||||||
21 | improvements within
the boundaries of the assisted housing | ||||||
22 | sites necessary for the completion of
that housing
as | ||||||
23 | authorized by this Act shall be paid to the library | ||||||
24 | district by the
municipality
from the Special Tax | ||||||
25 | Allocation Fund when the tax increment revenue is received
| ||||||
26 | as a result of the assisted housing units. This paragraph |
| |||||||
| |||||||
1 | (7.7) applies only if (i) the library district is located | ||||||
2 | in a county that is subject to the Property Tax Extension | ||||||
3 | Limitation Law or (ii) the library district is not located | ||||||
4 | in a county that is subject to the Property Tax Extension | ||||||
5 | Limitation Law but the district is prohibited by any other | ||||||
6 | law from increasing its tax levy rate without a prior | ||||||
7 | voter referendum.
| ||||||
8 | The amount paid to a library district under this | ||||||
9 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
10 | net increase in the number of persons eligible to obtain
a
| ||||||
11 | library card
in that district who reside in housing units | ||||||
12 | within
the redevelopment project area that have received | ||||||
13 | financial assistance through
an agreement with the | ||||||
14 | municipality or because the municipality incurs the cost
| ||||||
15 | of necessary infrastructure improvements within the | ||||||
16 | boundaries of the housing
sites necessary for the | ||||||
17 | completion of that housing as authorized by this Act
since | ||||||
18 | the designation of the redevelopment project area by (ii)
| ||||||
19 | the per-patron cost of providing library services so long | ||||||
20 | as it does not exceed $120.
The per-patron cost shall be | ||||||
21 | the Total Operating Expenditures Per Capita for the | ||||||
22 | library in the previous fiscal year.
The municipality may | ||||||
23 | deduct from the amount that it must pay to a library | ||||||
24 | district under this paragraph any amount that it has | ||||||
25 | voluntarily paid to the library district from the tax | ||||||
26 | increment revenue. The amount paid to a library district |
| |||||||
| |||||||
1 | under this paragraph (7.7) shall be no
more
than 2% of the | ||||||
2 | amount produced by the assisted housing units and | ||||||
3 | deposited into the Special Tax Allocation Fund.
| ||||||
4 | A library district is not eligible for any payment | ||||||
5 | under this paragraph
(7.7)
unless the library district has | ||||||
6 | experienced an increase in the
number of patrons from the | ||||||
7 | municipality that created the tax-increment-financing | ||||||
8 | district since the designation of the redevelopment | ||||||
9 | project area.
| ||||||
10 | Any library district seeking payment under this | ||||||
11 | paragraph (7.7) shall,
after July 1 and before September | ||||||
12 | 30 of each year,
provide the municipality with convincing | ||||||
13 | evidence to support its claim for
reimbursement before the | ||||||
14 | municipality shall be required to approve or make
the | ||||||
15 | payment to the library district. If the library district | ||||||
16 | fails to provide
the information during this period in any | ||||||
17 | year, it shall forfeit any claim to
reimbursement for that | ||||||
18 | year. Library districts may adopt a resolution
waiving the | ||||||
19 | right to all or a portion of the reimbursement otherwise | ||||||
20 | required by this paragraph (7.7). By acceptance of such | ||||||
21 | reimbursement, the library district shall forfeit any | ||||||
22 | right to directly or indirectly set aside, modify, or | ||||||
23 | contest in any manner whatsoever the establishment of the | ||||||
24 | redevelopment project area or
projects; | ||||||
25 | (8) Relocation costs to the extent that a municipality | ||||||
26 | determines that
relocation costs shall be paid or is |
| |||||||
| |||||||
1 | required to make payment of relocation
costs by federal or | ||||||
2 | State law or in order to satisfy subparagraph (7) of
| ||||||
3 | subsection (n);
| ||||||
4 | (9) Payment in lieu of taxes;
| ||||||
5 | (10) Costs of job training, retraining, advanced | ||||||
6 | vocational education
or career
education, including but | ||||||
7 | not limited to courses in occupational,
semi-technical or | ||||||
8 | technical fields leading directly to employment, incurred
| ||||||
9 | by one or more taxing districts, provided that such costs | ||||||
10 | (i) are related
to the establishment and maintenance of | ||||||
11 | additional job training, advanced
vocational education or | ||||||
12 | career education programs for persons employed or
to be | ||||||
13 | employed by employers located in a redevelopment project | ||||||
14 | area; and
(ii) when incurred by a taxing district or | ||||||
15 | taxing districts other than the
municipality, are set | ||||||
16 | forth in a written agreement by or among the
municipality | ||||||
17 | and the taxing district or taxing districts, which | ||||||
18 | agreement
describes the program to be undertaken, | ||||||
19 | including but not limited to the
number of employees to be | ||||||
20 | trained, a description of the training and
services to be | ||||||
21 | provided, the number and type of positions available or to
| ||||||
22 | be available, itemized costs of the program and sources of | ||||||
23 | funds to pay for the
same, and the term of the agreement. | ||||||
24 | Such costs include, specifically, the
payment by community | ||||||
25 | college districts of costs pursuant to Sections 3-37,
| ||||||
26 | 3-38, 3-40 and 3-40.1 of the Public Community College Act |
| |||||||
| |||||||
1 | and by school
districts of costs pursuant to Sections | ||||||
2 | 10-22.20a and 10-23.3a of the School
Code;
| ||||||
3 | (11) Interest cost incurred by a redeveloper related | ||||||
4 | to the
construction, renovation or rehabilitation of a | ||||||
5 | redevelopment project
provided that:
| ||||||
6 | (A) such costs are to be paid directly from the | ||||||
7 | special tax
allocation fund established pursuant to | ||||||
8 | this Act;
| ||||||
9 | (B) such payments in any one year may not exceed | ||||||
10 | 30% of the annual
interest costs incurred by the | ||||||
11 | redeveloper with regard to the redevelopment
project | ||||||
12 | during that year;
| ||||||
13 | (C) if there are not sufficient funds available in | ||||||
14 | the special tax
allocation fund to make the payment | ||||||
15 | pursuant to this paragraph (11) then
the amounts so | ||||||
16 | due shall accrue and be payable when sufficient funds | ||||||
17 | are
available in the special tax allocation fund;
| ||||||
18 | (D) the total of such interest payments paid | ||||||
19 | pursuant to this Act
may not exceed 30% of the total | ||||||
20 | (i) cost paid or incurred by the
redeveloper for the | ||||||
21 | redevelopment project plus (ii) redevelopment project
| ||||||
22 | costs excluding any property assembly costs and any | ||||||
23 | relocation costs
incurred by a municipality pursuant | ||||||
24 | to this Act;
| ||||||
25 | (E) the cost limits set forth in subparagraphs (B) | ||||||
26 | and (D) of
paragraph (11) shall be modified for the |
| |||||||
| |||||||
1 | financing of rehabilitated or
new housing units for | ||||||
2 | low-income households and very low-income households, | ||||||
3 | as
defined in
Section 3 of the Illinois Affordable | ||||||
4 | Housing Act. The percentage of
75% shall be | ||||||
5 | substituted for 30% in subparagraphs (B) and (D) of
| ||||||
6 | paragraph (11); and
| ||||||
7 | (F) instead of the eligible costs provided by | ||||||
8 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
9 | modified by this subparagraph, and notwithstanding
any | ||||||
10 | other provisions of this Act to the contrary, the | ||||||
11 | municipality may
pay from tax increment revenues up to | ||||||
12 | 50% of the cost of construction
of new housing units to | ||||||
13 | be occupied by low-income households and very
| ||||||
14 | low-income
households as defined in Section 3 of the | ||||||
15 | Illinois Affordable Housing
Act. The cost of | ||||||
16 | construction of those units may be derived from the
| ||||||
17 | proceeds of bonds issued by the municipality under | ||||||
18 | this Act or
other constitutional or statutory | ||||||
19 | authority or from other sources of
municipal revenue | ||||||
20 | that may be reimbursed from tax increment
revenues or | ||||||
21 | the proceeds of bonds issued to finance the | ||||||
22 | construction
of that housing.
| ||||||
23 | The eligible costs provided under this | ||||||
24 | subparagraph (F) of paragraph (11)
shall
be
an | ||||||
25 | eligible cost for the construction, renovation, and | ||||||
26 | rehabilitation of all
low and very low-income housing |
| |||||||
| |||||||
1 | units, as defined in Section 3 of the Illinois
| ||||||
2 | Affordable Housing Act, within the redevelopment | ||||||
3 | project area. If the low and
very
low-income units are | ||||||
4 | part of a residential redevelopment project that | ||||||
5 | includes
units not affordable to low and very | ||||||
6 | low-income households, only the low and
very | ||||||
7 | low-income units shall be eligible for benefits under | ||||||
8 | this subparagraph (F) of
paragraph (11).
The standards | ||||||
9 | for maintaining the occupancy
by low-income households | ||||||
10 | and very low-income households,
as
defined in Section | ||||||
11 | 3 of the Illinois Affordable Housing Act,
of those | ||||||
12 | units constructed with eligible costs made available | ||||||
13 | under the
provisions of
this subparagraph (F) of | ||||||
14 | paragraph (11)
shall be
established by guidelines | ||||||
15 | adopted by the municipality. The
responsibility for | ||||||
16 | annually documenting the initial occupancy of
the | ||||||
17 | units by low-income households and very low-income | ||||||
18 | households, as defined
in
Section 3
of the Illinois | ||||||
19 | Affordable Housing Act, shall be that of the then | ||||||
20 | current
owner of the property.
For ownership units, | ||||||
21 | the guidelines will provide, at a minimum, for a
| ||||||
22 | reasonable recapture of funds, or other appropriate | ||||||
23 | methods designed to
preserve the original | ||||||
24 | affordability of the ownership units. For rental | ||||||
25 | units,
the guidelines will provide, at a minimum, for | ||||||
26 | the affordability of rent to low
and very low-income |
| |||||||
| |||||||
1 | households. As units become available, they shall be
| ||||||
2 | rented to income-eligible tenants.
The municipality | ||||||
3 | may modify these
guidelines from time to time; the | ||||||
4 | guidelines, however, shall be in effect
for as long as | ||||||
5 | tax increment revenue is being used to pay for costs
| ||||||
6 | associated with the units or for the retirement of | ||||||
7 | bonds issued to finance
the units or for the life of | ||||||
8 | the redevelopment project area, whichever is
later;
| ||||||
9 | (11.5) If the redevelopment project area is located | ||||||
10 | within a municipality
with a population of more than | ||||||
11 | 100,000, the cost of child day care services for
children | ||||||
12 | of employees from
low-income
families working for | ||||||
13 | businesses located within the redevelopment project area
| ||||||
14 | and all or a
portion of the cost of operation of child day | ||||||
15 | care centers established by
redevelopment project
area | ||||||
16 | businesses to serve employees from low-income families | ||||||
17 | working in
businesses
located in the redevelopment project | ||||||
18 | area. For the purposes of this paragraph,
"low-income | ||||||
19 | families" means families whose annual income does not | ||||||
20 | exceed 80% of
the
municipal, county, or regional median | ||||||
21 | income, adjusted for family size, as the
annual
income and | ||||||
22 | municipal, county, or regional median income are | ||||||
23 | determined from
time to
time by the United States | ||||||
24 | Department of Housing and Urban Development.
| ||||||
25 | (12) Costs relating to the development of urban | ||||||
26 | agricultural areas under Division 15.2 of the Illinois |
| |||||||
| |||||||
1 | Municipal Code. | ||||||
2 | Unless explicitly stated herein the cost of construction | ||||||
3 | of new
privately-owned buildings shall not be an eligible | ||||||
4 | redevelopment project cost.
| ||||||
5 | After November 1, 1999 (the effective date of Public Act
| ||||||
6 | 91-478), none of
the
redevelopment project costs enumerated in | ||||||
7 | this subsection shall be eligible
redevelopment project costs | ||||||
8 | if those costs would provide direct financial
support to a
| ||||||
9 | retail entity initiating operations in the
redevelopment | ||||||
10 | project area while
terminating operations at another Illinois | ||||||
11 | location within 10 miles of the
redevelopment project area but | ||||||
12 | outside the boundaries of the redevelopment
project area | ||||||
13 | municipality. For
purposes of this paragraph, termination | ||||||
14 | means a
closing of a retail operation that is directly related | ||||||
15 | to the opening of the
same operation or like retail entity | ||||||
16 | owned or operated by more than 50% of the
original ownership in | ||||||
17 | a redevelopment project area, but
it does not mean
closing an | ||||||
18 | operation for reasons beyond the control of the
retail entity, | ||||||
19 | as
documented by the retail entity, subject to a reasonable | ||||||
20 | finding by the
municipality that the current location | ||||||
21 | contained inadequate space, had become
economically obsolete, | ||||||
22 | or was no longer a viable location for the retailer or
| ||||||
23 | serviceman.
| ||||||
24 | No cost shall be a redevelopment project cost in a | ||||||
25 | redevelopment project area if used to demolish, remove, or | ||||||
26 | substantially modify a historic resource, after August 26, |
| |||||||
| |||||||
1 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
2 | prudent and feasible alternative exists. "Historic resource" | ||||||
3 | for the purpose of this paragraph means (i) a place or | ||||||
4 | structure that is included or eligible for inclusion on the | ||||||
5 | National Register of Historic Places or (ii) a contributing | ||||||
6 | structure in a district on the National Register of Historic | ||||||
7 | Places. This paragraph does not apply to a place or structure | ||||||
8 | for which demolition, removal, or modification is subject to | ||||||
9 | review by the preservation agency of a Certified Local | ||||||
10 | Government designated as such by the National Park Service of | ||||||
11 | the United States Department of the Interior. | ||||||
12 | If a special service area has been established pursuant to
| ||||||
13 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
14 | Law, then any
tax increment revenues derived
from the tax | ||||||
15 | imposed pursuant to the Special Service Area Tax Act or | ||||||
16 | Special
Service Area Tax Law may
be used within the | ||||||
17 | redevelopment project area for the purposes permitted by
that | ||||||
18 | Act or Law as well as the purposes permitted by this Act.
| ||||||
19 | (q-1) For redevelopment project areas created pursuant to | ||||||
20 | subsection (p-1), redevelopment project costs are limited to | ||||||
21 | those costs in paragraph (q) that are related to the existing | ||||||
22 | or proposed Regional Transportation Authority Suburban Transit | ||||||
23 | Access Route (STAR Line) station. | ||||||
24 | (q-2) For a transit facility improvement area established | ||||||
25 | prior to, on, or after the effective date of this amendatory | ||||||
26 | Act of the 102nd General Assembly: (i) "redevelopment project |
| |||||||
| |||||||
1 | costs" means those costs described in subsection (q) that are | ||||||
2 | related to the construction, reconstruction, rehabilitation, | ||||||
3 | remodeling, or repair of any existing or proposed transit | ||||||
4 | facility, whether that facility is located within or outside | ||||||
5 | the boundaries of a redevelopment project area established | ||||||
6 | within that transit facility improvement area (and, to the | ||||||
7 | extent a redevelopment project cost is described in subsection | ||||||
8 | (q) as incurred or estimated to be incurred with respect to a | ||||||
9 | redevelopment project area, then it shall apply with respect | ||||||
10 | to such transit facility improvement area); and (ii) the | ||||||
11 | provisions of Section 11-74.4-8 regarding tax increment | ||||||
12 | allocation financing for a redevelopment project area located | ||||||
13 | in a transit facility improvement area shall apply only to the | ||||||
14 | lots, blocks, tracts and parcels of real property that are | ||||||
15 | located within the boundaries of that redevelopment project | ||||||
16 | area and not to the lots, blocks, tracts, and parcels of real | ||||||
17 | property that are located outside the boundaries of that | ||||||
18 | redevelopment project area. | ||||||
19 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
20 | project area or
the amended redevelopment project area | ||||||
21 | boundaries which are determined
pursuant to subsection (9) of | ||||||
22 | Section 11-74.4-8a of this
Act. The Department of Revenue | ||||||
23 | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | ||||||
24 | the appropriate boundaries eligible for the
determination of | ||||||
25 | State Sales Tax Increment.
| ||||||
26 | (s) "State Sales Tax Increment" means an amount equal to |
| |||||||
| |||||||
1 | the increase
in the aggregate amount of taxes paid by | ||||||
2 | retailers and servicemen, other
than retailers and servicemen | ||||||
3 | subject to the Public Utilities Act,
on transactions at places | ||||||
4 | of business located within a State Sales Tax
Boundary pursuant | ||||||
5 | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
6 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
7 | except such
portion of such increase that is paid into the | ||||||
8 | State and Local Sales Tax
Reform Fund, the Local Government | ||||||
9 | Distributive Fund, the Local
Government Tax Fund and the | ||||||
10 | County and Mass Transit District Fund, for as
long as State | ||||||
11 | participation exists, over and above the Initial Sales Tax
| ||||||
12 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
13 | Initial Sales
Tax Amounts for such taxes as certified by the | ||||||
14 | Department of Revenue and
paid under those Acts by retailers | ||||||
15 | and servicemen on transactions at places
of business located | ||||||
16 | within the State Sales Tax Boundary during the base
year which | ||||||
17 | shall be the calendar year immediately prior to the year in
| ||||||
18 | which the municipality adopted tax increment allocation | ||||||
19 | financing, less
3.0% of such amounts generated under the | ||||||
20 | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | ||||||
21 | Act and the Service Occupation Tax Act, which
sum shall be | ||||||
22 | appropriated to the Department of Revenue to cover its costs
| ||||||
23 | of administering and enforcing this Section. For purposes of | ||||||
24 | computing the
aggregate amount of such taxes for base years | ||||||
25 | occurring prior to 1985, the
Department of Revenue shall | ||||||
26 | compute the Initial Sales Tax Amount for such
taxes and deduct |
| |||||||
| |||||||
1 | therefrom an amount equal to 4% of the aggregate amount of
| ||||||
2 | taxes per year for each year the base year is prior to 1985, | ||||||
3 | but not to
exceed a total deduction of 12%. The amount so | ||||||
4 | determined shall be known
as the "Adjusted Initial Sales Tax | ||||||
5 | Amount". For purposes of determining the
State Sales Tax | ||||||
6 | Increment the Department of Revenue shall for each period
| ||||||
7 | subtract from the tax amounts received from retailers and | ||||||
8 | servicemen on
transactions located in the State Sales Tax | ||||||
9 | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | ||||||
10 | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | ||||||
11 | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
12 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
13 | State
Fiscal Year 1989 this calculation shall be made by | ||||||
14 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
15 | received. For the State Fiscal Year
1990, this calculation | ||||||
16 | shall be made by utilizing the period from January
1, 1988, | ||||||
17 | until September 30, 1988, to determine the tax amounts | ||||||
18 | received
from retailers and servicemen, which shall have | ||||||
19 | deducted therefrom
nine-twelfths of the certified Initial | ||||||
20 | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | ||||||
21 | Revised Initial Sales Tax Amounts as appropriate.
For the | ||||||
22 | State Fiscal Year 1991, this calculation shall be made by | ||||||
23 | utilizing
the period from October 1, 1988, until June 30, | ||||||
24 | 1989, to determine the tax
amounts received from retailers and | ||||||
25 | servicemen, which shall have
deducted therefrom nine-twelfths | ||||||
26 | of the certified Initial State Sales Tax
Amounts, Adjusted |
| |||||||
| |||||||
1 | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | ||||||
2 | Amounts as appropriate. For every State Fiscal Year | ||||||
3 | thereafter, the
applicable period shall be the 12 months | ||||||
4 | beginning July 1 and ending on
June 30, to determine the tax | ||||||
5 | amounts received which shall have deducted
therefrom the | ||||||
6 | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| ||||||
7 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
8 | Municipalities
intending to receive a distribution of State | ||||||
9 | Sales Tax Increment must
report a list of retailers to the | ||||||
10 | Department of Revenue by October 31, 1988
and by July 31, of | ||||||
11 | each year thereafter.
| ||||||
12 | (t) "Taxing districts" means counties, townships, cities | ||||||
13 | and incorporated
towns and villages, school, road, park, | ||||||
14 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
15 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
16 | and any other municipal corporations or districts with the | ||||||
17 | power
to levy taxes.
| ||||||
18 | (u) "Taxing districts' capital costs" means those costs of | ||||||
19 | taxing districts
for capital improvements that are found by | ||||||
20 | the municipal corporate authorities
to be necessary and | ||||||
21 | directly result from the redevelopment project.
| ||||||
22 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
23 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
24 | of real property without
industrial, commercial, and | ||||||
25 | residential buildings which has not been used
for commercial | ||||||
26 | agricultural purposes within 5 years prior to the
designation |
| |||||||
| |||||||
1 | of the redevelopment project area, unless the parcel
is | ||||||
2 | included in an industrial park conservation area or the parcel | ||||||
3 | has
been subdivided; provided that if the parcel was part of a | ||||||
4 | larger tract that
has been divided into 3 or more smaller | ||||||
5 | tracts that were accepted for
recording during the period from | ||||||
6 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
7 | subdivided, and all proceedings and actions of the | ||||||
8 | municipality
taken in that connection with respect to any | ||||||
9 | previously approved or designated
redevelopment project area | ||||||
10 | or amended redevelopment project area are hereby
validated and | ||||||
11 | hereby declared to be legally sufficient for all purposes of | ||||||
12 | this
Act.
For purposes of this Section and only for land | ||||||
13 | subject to
the subdivision requirements of the Plat Act, land | ||||||
14 | is subdivided when the
original plat of
the proposed | ||||||
15 | Redevelopment Project Area or relevant portion thereof has
| ||||||
16 | been
properly certified, acknowledged, approved, and recorded | ||||||
17 | or filed in accordance
with the Plat Act and a preliminary | ||||||
18 | plat, if any, for any subsequent phases of
the
proposed | ||||||
19 | Redevelopment Project Area or relevant portion thereof has | ||||||
20 | been
properly approved and filed in accordance with the | ||||||
21 | applicable ordinance of the
municipality.
| ||||||
22 | (w) "Annual Total Increment" means the sum of each | ||||||
23 | municipality's
annual Net Sales Tax Increment and each | ||||||
24 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
25 | the Annual Total Increment of each
municipality to the Annual | ||||||
26 | Total Increment for all municipalities, as most
recently |
| |||||||
| |||||||
1 | calculated by the Department, shall determine the proportional
| ||||||
2 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
3 | each
municipality.
| ||||||
4 | (x) "LEED certified" means any certification level of | ||||||
5 | construction elements by a qualified Leadership in Energy and | ||||||
6 | Environmental Design Accredited Professional as determined by | ||||||
7 | the U.S. Green Building Council. | ||||||
8 | (y) "Green Globes certified" means any certification level | ||||||
9 | of construction elements by a qualified Green Globes | ||||||
10 | Professional as determined by the Green Building Initiative. | ||||||
11 | (Source: P.A. 102-627, eff. 8-27-21.)
| ||||||
12 | (65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)
| ||||||
13 | Sec. 11-80-15. Street advertising; adult entertainment | ||||||
14 | advertising.
| ||||||
15 | (a) The corporate authorities of each municipality may | ||||||
16 | license
street advertising by means of billboards, sign | ||||||
17 | boards, and signs and may
regulate the character and control | ||||||
18 | the location of billboards, sign boards,
and signs upon vacant | ||||||
19 | property and upon buildings.
| ||||||
20 | (b) The corporate authorities of each municipality may | ||||||
21 | further
regulate the character and control the location of | ||||||
22 | adult entertainment
advertising placed on billboards, sign | ||||||
23 | boards, and signs upon vacant property
and upon
buildings that | ||||||
24 | are within 1,000 feet of the property boundaries of schools, | ||||||
25 | child day
care
centers, cemeteries, public parks, and places |
| |||||||
| |||||||
1 | of religious worship.
| ||||||
2 | For the purposes of this subsection, "adult entertainment" | ||||||
3 | means
entertainment provided by an adult bookstore, striptease | ||||||
4 | club, or pornographic
movie theater whose business is the
| ||||||
5 | commercial sale, dissemination, or distribution of sexually | ||||||
6 | explicit materials,
shows, or other exhibitions.
| ||||||
7 | (Source: P.A. 89-605, eff. 8-2-96.)
| ||||||
8 | Section 90. The River Edge Redevelopment Zone Act is | ||||||
9 | amended by changing Section 10-8 as follows: | ||||||
10 | (65 ILCS 115/10-8)
| ||||||
11 | Sec. 10-8. Zone Administration. The administration of a | ||||||
12 | River Edge Redevelopment Zone shall be under the jurisdiction | ||||||
13 | of the designating municipality. Each designating municipality | ||||||
14 | shall, by ordinance, designate a Zone Administrator for the | ||||||
15 | certified zones within its jurisdiction. A Zone Administrator | ||||||
16 | must be an officer or employee of the municipality. The Zone | ||||||
17 | Administrator shall be the liaison between the designating | ||||||
18 | municipality, the Department, and any designated zone | ||||||
19 | organizations within zones under his or her jurisdiction. | ||||||
20 | A designating municipality may designate one or more | ||||||
21 | organizations to be a designated zone organization, as defined | ||||||
22 | under Section 10-3. The municipality, may, by ordinance, | ||||||
23 | delegate functions within a River Edge Redevelopment Zone to | ||||||
24 | one or more designated zone organizations in such zones. |
| |||||||
| |||||||
1 | Subject to the necessary governmental authorizations, | ||||||
2 | designated zone organizations may, in coordination with the | ||||||
3 | municipality, provide or contract for provision of public | ||||||
4 | services including, but not limited to: | ||||||
5 | (1) crime-watch patrols within zone
neighborhoods; | ||||||
6 | (2) volunteer child care day-care centers; | ||||||
7 | (3) recreational activities for zone-area youth; | ||||||
8 | (4) garbage collection; | ||||||
9 | (5) street maintenance and improvements; | ||||||
10 | (6) bridge maintenance and improvements; | ||||||
11 | (7) maintenance and improvement of water and sewer
| ||||||
12 | lines; | ||||||
13 | (8) energy conservation projects; | ||||||
14 | (9) health and clinic services; | ||||||
15 | (10) drug abuse programs; | ||||||
16 | (11) senior citizen assistance programs; | ||||||
17 | (12) park maintenance; | ||||||
18 | (13) rehabilitation, renovation, and operation and
| ||||||
19 | maintenance of low and moderate income housing; and | ||||||
20 | (14) other types of public services as provided by
law | ||||||
21 | or regulation.
| ||||||
22 | (Source: P.A. 94-1021, eff. 7-12-06.) | ||||||
23 | Section 95. The School Code is amended by changing | ||||||
24 | Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
| ||||||
2 | Sec. 2-3.66. Truants' alternative and optional education | ||||||
3 | programs. To
establish projects to offer modified | ||||||
4 | instructional programs or other
services designed to prevent | ||||||
5 | students from dropping out of school,
including programs | ||||||
6 | pursuant to Section 2-3.41, and to serve as a part time
or full | ||||||
7 | time option in lieu of regular school attendance and to award
| ||||||
8 | grants to local school districts, educational service regions | ||||||
9 | or community
college districts from appropriated funds to | ||||||
10 | assist districts in
establishing such projects. The education | ||||||
11 | agency may operate its own
program or enter into a contract | ||||||
12 | with another not-for-profit entity to
implement the program. | ||||||
13 | The projects shall allow dropouts, up to and
including age 21, | ||||||
14 | potential dropouts, including truants, uninvolved,
unmotivated | ||||||
15 | and disaffected students, as defined by State Board of
| ||||||
16 | Education rules and regulations, to enroll, as an alternative | ||||||
17 | to regular
school attendance, in an optional education program | ||||||
18 | which may be
established by school board policy and is in | ||||||
19 | conformance with rules adopted
by the State Board of | ||||||
20 | Education. Truants' Alternative and Optional
Education | ||||||
21 | programs funded pursuant to this Section shall be
planned by a | ||||||
22 | student, the student's parents or legal guardians, unless the
| ||||||
23 | student is 18 years or older, and school officials and shall | ||||||
24 | culminate in
an individualized optional education plan. Such | ||||||
25 | plan shall focus
on academic or vocational skills, or both, | ||||||
26 | and may include, but not be
limited to, evening school, summer |
| |||||||
| |||||||
1 | school, community college courses, adult
education, | ||||||
2 | preparation courses for high school equivalency testing, | ||||||
3 | vocational training, work experience, programs to
enhance self | ||||||
4 | concept and parenting courses. School districts which are
| ||||||
5 | awarded grants pursuant to this Section shall be authorized to | ||||||
6 | provide child day
care services to children of students who | ||||||
7 | are eligible and desire to enroll
in programs established and | ||||||
8 | funded under this Section, but only if and to
the extent that | ||||||
9 | such child day care is necessary to enable those eligible
| ||||||
10 | students to attend and participate in the programs and courses | ||||||
11 | which are
conducted pursuant to this Section.
School districts | ||||||
12 | and regional offices of education may claim general State
aid | ||||||
13 | under Section 18-8.05 or evidence-based funding under Section | ||||||
14 | 18-8.15 for students enrolled in truants' alternative and
| ||||||
15 | optional education programs, provided that such students are | ||||||
16 | receiving services
that are supplemental to a program leading | ||||||
17 | to a high school diploma and are
otherwise eligible to be | ||||||
18 | claimed for general State aid under Section 18-8.05 or | ||||||
19 | evidence-based funding under Section 18-8.15, as applicable.
| ||||||
20 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
21 | (105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
| ||||||
22 | Sec. 10-22.18b. Before and after school programs. To | ||||||
23 | develop and maintain
before school and after school programs | ||||||
24 | for students in kindergarten through
the 6th grade. Such | ||||||
25 | programs may include time for homework, physical exercise,
|
| |||||||
| |||||||
1 | afternoon nutritional snacks and educational offerings which | ||||||
2 | are
in addition to those offered during the regular school | ||||||
3 | day. The chief administrator
in each district shall be a | ||||||
4 | certified teacher or a person who meets the
requirements for | ||||||
5 | supervising a child day care center under the Child Care Act
of | ||||||
6 | 1969. Individual programs shall be coordinated by certified | ||||||
7 | teachers
or by persons who meet the requirements for | ||||||
8 | supervising a child day care center
under the Child Care Act of | ||||||
9 | 1969. Additional employees who are not so qualified
may also | ||||||
10 | be employed for such programs.
| ||||||
11 | The schedule of these programs may follow the work | ||||||
12 | calendar of the local
community rather than the regular school | ||||||
13 | calendar. Parents or guardians
of the participating
students | ||||||
14 | shall be responsible for providing transportation for the | ||||||
15 | students
to and from the programs. The school board may charge | ||||||
16 | parents of participating
students a fee, not to exceed the | ||||||
17 | actual cost of such before and after school
programs.
| ||||||
18 | (Source: P.A. 83-639.)
| ||||||
19 | (105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
| ||||||
20 | Sec. 10-22.18c. Model child day care services program. | ||||||
21 | Local school districts
may establish, in cooperation with the | ||||||
22 | State Board of Education, a model
program for the provision of | ||||||
23 | child day care services in a school. The program
shall be | ||||||
24 | administered by the local school district and shall be funded
| ||||||
25 | from monies available from private and public sources. Student |
| |||||||
| |||||||
1 | parents
shall not be charged a fee for the child day care | ||||||
2 | services; school personnel also
may utilize the services, but | ||||||
3 | shall be charged a fee. The program shall be
supervised by a | ||||||
4 | trained child care professional who is qualified to teach
| ||||||
5 | students parenting skills. As part of the program, the school | ||||||
6 | shall offer
a course in child behavior in which students shall | ||||||
7 | receive course credits
for helping to care for the children in | ||||||
8 | the program while learning
parenting skills. The State Board | ||||||
9 | of Education shall evaluate the programs'
effectiveness in | ||||||
10 | reducing school absenteeism and dropouts among teenage
parents | ||||||
11 | and shall report to the General Assembly concerning its | ||||||
12 | findings
after the program has been in operation for 2 years.
| ||||||
13 | (Source: P.A. 85-769.)
| ||||||
14 | (105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
| ||||||
15 | Sec. 34-18.4. Before and after school programs. The Board | ||||||
16 | of Education
may develop and maintain
before school and after | ||||||
17 | school programs for students in kindergarten through
the 6th | ||||||
18 | grade. Such programs may include time for homework, physical
| ||||||
19 | exercise, afternoon nutritional snacks and educational | ||||||
20 | offerings which are
in addition to those offered during the | ||||||
21 | regular school day. The chief administrator
in each district | ||||||
22 | shall be a certified teacher or a person who meets the
| ||||||
23 | requirements for supervising a child day care center under the | ||||||
24 | Child Care Act
of 1969. Individual programs shall be | ||||||
25 | coordinated by certified teachers
or by persons who meet the |
| |||||||
| |||||||
1 | requirements for supervising a child day care center
under the | ||||||
2 | Child Care Act of 1969. Additional employees who are not so | ||||||
3 | qualified
may also be employed for such programs.
| ||||||
4 | The schedule of these programs may follow the work | ||||||
5 | calendar of the local
community rather than the regular school | ||||||
6 | calendar. Parents or guardians
of the participating
students | ||||||
7 | shall be responsible for providing transportation for the | ||||||
8 | students
to and from the programs. The school board may charge | ||||||
9 | parents of participating
students a fee, not to exceed the | ||||||
10 | actual cost of such before and after school
programs.
| ||||||
11 | (Source: P.A. 83-639.)
| ||||||
12 | Section 100. The Illinois School Student Records Act is | ||||||
13 | amended by changing Section 2 as follows:
| ||||||
14 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||
15 | (Text of Section before amendment by P.A. 102-466 ) | ||||||
16 | Sec. 2.
As used in this Act:
| ||||||
17 | (a) "Student" means any person enrolled or previously | ||||||
18 | enrolled in a school.
| ||||||
19 | (b) "School" means any public preschool, child day care | ||||||
20 | center,
kindergarten, nursery, elementary or secondary | ||||||
21 | educational institution,
vocational school, special | ||||||
22 | educational facility or any other elementary or
secondary | ||||||
23 | educational agency or institution and any person, agency or
| ||||||
24 | institution which maintains school student records from more |
| |||||||
| |||||||
1 | than one school,
but does not include a private or non-public | ||||||
2 | school.
| ||||||
3 | (c) "State Board" means the State Board of Education.
| ||||||
4 | (d) "School Student Record" means any writing or
other | ||||||
5 | recorded information concerning a student
and by which a | ||||||
6 | student may be individually identified,
maintained by a school | ||||||
7 | or at its direction or by an employee of a
school, regardless | ||||||
8 | of how or where the information is stored.
The following shall | ||||||
9 | not be deemed school student records under
this Act: writings | ||||||
10 | or other recorded information maintained by an
employee of a | ||||||
11 | school or other person at the direction of a school for his or
| ||||||
12 | her exclusive use; provided that all such writings and other | ||||||
13 | recorded
information are destroyed not later than the | ||||||
14 | student's graduation or permanent
withdrawal from the school; | ||||||
15 | and provided further that no such records or
recorded | ||||||
16 | information may be released or disclosed to any person except | ||||||
17 | a person
designated by the school as
a substitute unless they | ||||||
18 | are first incorporated
in a school student record and made | ||||||
19 | subject to all of the
provisions of this Act.
School student | ||||||
20 | records shall not include information maintained by
law | ||||||
21 | enforcement professionals working in the school.
| ||||||
22 | (e) "Student Permanent Record" means the minimum personal
| ||||||
23 | information necessary to a school in the education of the | ||||||
24 | student
and contained in a school student record. Such | ||||||
25 | information
may include the student's name, birth date, | ||||||
26 | address, grades
and grade level, parents' names and addresses, |
| |||||||
| |||||||
1 | attendance
records, and such other entries as the State Board | ||||||
2 | may
require or authorize.
| ||||||
3 | (f) "Student Temporary Record" means all information | ||||||
4 | contained in
a school student record but not contained in
the | ||||||
5 | student permanent record. Such information may include
family | ||||||
6 | background information, intelligence test scores, aptitude
| ||||||
7 | test scores, psychological and personality test results, | ||||||
8 | teacher
evaluations, and other information of clear relevance | ||||||
9 | to the
education of the student, all subject to regulations of | ||||||
10 | the State Board.
The information shall include information | ||||||
11 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
12 | Reporting Act and information contained in service logs | ||||||
13 | maintained by a local education agency under subsection (d) of | ||||||
14 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
15 | temporary record shall include information regarding
serious | ||||||
16 | disciplinary infractions that resulted in expulsion, | ||||||
17 | suspension, or the
imposition of punishment or sanction. For | ||||||
18 | purposes of this provision, serious
disciplinary infractions | ||||||
19 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
20 | another.
| ||||||
21 | (g) "Parent" means a person who is the natural parent of | ||||||
22 | the
student or other person who has the primary responsibility | ||||||
23 | for the
care and upbringing of the student. All rights and | ||||||
24 | privileges accorded
to a parent under this Act shall become | ||||||
25 | exclusively those of the student
upon his 18th birthday, | ||||||
26 | graduation from secondary school, marriage
or entry into |
| |||||||
| |||||||
1 | military service, whichever occurs first. Such
rights and | ||||||
2 | privileges may also be exercised by the student
at any time | ||||||
3 | with respect to the student's permanent school record.
| ||||||
4 | (h) "Department" means the Department of Children and | ||||||
5 | Family Services. | ||||||
6 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
7 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
8 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
9 | Sec. 2.
As used in this Act:
| ||||||
10 | (a) "Student" means any person enrolled or previously | ||||||
11 | enrolled in a school.
| ||||||
12 | (b) "School" means any public preschool, child day care | ||||||
13 | center,
kindergarten, nursery, elementary or secondary | ||||||
14 | educational institution,
vocational school, special | ||||||
15 | educational facility or any other elementary or
secondary | ||||||
16 | educational agency or institution and any person, agency or
| ||||||
17 | institution which maintains school student records from more | ||||||
18 | than one school,
but does not include a private or non-public | ||||||
19 | school.
| ||||||
20 | (c) "State Board" means the State Board of Education.
| ||||||
21 | (d) "School Student Record" means any writing or
other | ||||||
22 | recorded information concerning a student
and by which a | ||||||
23 | student may be individually identified,
maintained by a school | ||||||
24 | or at its direction or by an employee of a
school, regardless | ||||||
25 | of how or where the information is stored.
The following shall |
| |||||||
| |||||||
1 | not be deemed school student records under
this Act: writings | ||||||
2 | or other recorded information maintained by an
employee of a | ||||||
3 | school or other person at the direction of a school for his or
| ||||||
4 | her exclusive use; provided that all such writings and other | ||||||
5 | recorded
information are destroyed not later than the | ||||||
6 | student's graduation or permanent
withdrawal from the school; | ||||||
7 | and provided further that no such records or
recorded | ||||||
8 | information may be released or disclosed to any person except | ||||||
9 | a person
designated by the school as
a substitute unless they | ||||||
10 | are first incorporated
in a school student record and made | ||||||
11 | subject to all of the
provisions of this Act.
School student | ||||||
12 | records shall not include information maintained by
law | ||||||
13 | enforcement professionals working in the school.
| ||||||
14 | (e) "Student Permanent Record" means the minimum personal
| ||||||
15 | information necessary to a school in the education of the | ||||||
16 | student
and contained in a school student record. Such | ||||||
17 | information
may include the student's name, birth date, | ||||||
18 | address, grades
and grade level, parents' names and addresses, | ||||||
19 | attendance
records, and such other entries as the State Board | ||||||
20 | may
require or authorize.
| ||||||
21 | (f) "Student Temporary Record" means all information | ||||||
22 | contained in
a school student record but not contained in
the | ||||||
23 | student permanent record. Such information may include
family | ||||||
24 | background information, intelligence test scores, aptitude
| ||||||
25 | test scores, psychological and personality test results, | ||||||
26 | teacher
evaluations, and other information of clear relevance |
| |||||||
| |||||||
1 | to the
education of the student, all subject to regulations of | ||||||
2 | the State Board.
The information shall include all of the | ||||||
3 | following: | ||||||
4 | (1) Information provided under Section 8.6 of the
| ||||||
5 | Abused and Neglected Child Reporting Act and information | ||||||
6 | contained in service logs maintained by a local education | ||||||
7 | agency under subsection (d) of Section 14-8.02f of the | ||||||
8 | School Code.
| ||||||
9 | (2) Information regarding
serious disciplinary | ||||||
10 | infractions that resulted in expulsion, suspension, or the
| ||||||
11 | imposition of punishment or sanction. For purposes of this | ||||||
12 | provision, serious
disciplinary infractions means: | ||||||
13 | infractions involving drugs, weapons, or bodily
harm to | ||||||
14 | another.
| ||||||
15 | (3) Information concerning a student's status and
| ||||||
16 | related experiences as a parent, expectant parent, or
| ||||||
17 | victim of domestic or sexual violence, as defined in
| ||||||
18 | Article 26A of the School Code, including a statement of
| ||||||
19 | the student or any other documentation, record, or
| ||||||
20 | corroborating evidence and the fact that the student has
| ||||||
21 | requested or obtained assistance, support, or
services | ||||||
22 | related to that status. Enforcement of this
paragraph (3) | ||||||
23 | shall follow the procedures provided in
Section 26A-40 of | ||||||
24 | the School Code. | ||||||
25 | (g) "Parent" means a person who is the natural parent of | ||||||
26 | the
student or other person who has the primary responsibility |
| |||||||
| |||||||
1 | for the
care and upbringing of the student. All rights and | ||||||
2 | privileges accorded
to a parent under this Act shall become | ||||||
3 | exclusively those of the student
upon his 18th birthday, | ||||||
4 | graduation from secondary school, marriage
or entry into | ||||||
5 | military service, whichever occurs first. Such
rights and | ||||||
6 | privileges may also be exercised by the student
at any time | ||||||
7 | with respect to the student's permanent school record.
| ||||||
8 | (h) "Department" means the Department of Children and | ||||||
9 | Family Services. | ||||||
10 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
11 | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
12 | 5-13-22.) | ||||||
13 | Section 105. The University of Illinois Act is amended by | ||||||
14 | changing Section 1d as follows:
| ||||||
15 | (110 ILCS 305/1d) (from Ch. 144, par. 22d)
| ||||||
16 | Sec. 1d. Child care services.
| ||||||
17 | (a) For the purposes of this Section, "child care | ||||||
18 | services" means child day
care home or center services as | ||||||
19 | defined by the Child Care Act of 1969.
| ||||||
20 | (b) The Board may contract for the provision of child care | ||||||
21 | services for its
employees. The Board may, in accordance with | ||||||
22 | established rules, allow child day care
centers to operate in | ||||||
23 | State-owned or leased facilities. Such child day care centers
| ||||||
24 | shall be primarily for use by State employees of the |
| |||||||
| |||||||
1 | university but use by
non-employees may be allowed.
| ||||||
2 | Where the Board enters into a contract to construct, | ||||||
3 | acquire or
lease all or a substantial portion of a building, in | ||||||
4 | which more than 50
persons shall be employed, other than a | ||||||
5 | renewal of an existing lease, after
July 1, 1992, and where a | ||||||
6 | need has been demonstrated, according to
subsection (c), | ||||||
7 | on-site child care services shall be provided for
employees of | ||||||
8 | the university.
| ||||||
9 | The Board shall implement this Section and shall | ||||||
10 | promulgate all rules
and regulations necessary for this | ||||||
11 | purpose. By April 1, 1993, the Board shall
propose rules | ||||||
12 | setting forth the standards and criteria, including need and
| ||||||
13 | feasibility, for determining if on-site child care services | ||||||
14 | shall be provided.
The Board shall consult with the Department | ||||||
15 | of Children and Family Services in
defining standards for | ||||||
16 | child care service centers established pursuant to this
| ||||||
17 | Section to ensure compliance with the Child Care Act of 1969. | ||||||
18 | The Board shall
establish a schedule of fees that shall be | ||||||
19 | charged for child care services
under this Section. The | ||||||
20 | schedule shall be established so that charges for
service are | ||||||
21 | based on the actual cost of care. Except as otherwise provided | ||||||
22 | by
law for employees who may qualify for public assistance or | ||||||
23 | social services due
to indigency or family circumstance, each | ||||||
24 | employee obtaining child care
services under this Section | ||||||
25 | shall be responsible for full payment of all
charges. The | ||||||
26 | Board shall report, on or before December 31, 1993,
to the |
| |||||||
| |||||||
1 | Governor and the members of the General Assembly, on the
| ||||||
2 | feasibility and implementation of a plan for the provision of | ||||||
3 | comprehensive
child care services.
| ||||||
4 | (c) Prior to contracting for child care services, the | ||||||
5 | Board shall determine
a need for child care services. Proof of | ||||||
6 | need may include a survey of
university employees as well as a | ||||||
7 | determination of the availability of child
care services | ||||||
8 | through other State agencies, or in the community. The Board | ||||||
9 | may
also require submission of a feasibility, design and | ||||||
10 | implementation plan, that
takes into consideration similar | ||||||
11 | needs and services of other State
universities.
| ||||||
12 | The Board shall have the sole responsibility for choosing | ||||||
13 | the successful
bidder and overseeing the operation of its | ||||||
14 | child care service program within
the guidelines established | ||||||
15 | by the Board. The Board shall promulgate rules under
the | ||||||
16 | Illinois Administrative Procedure Act that detail the specific | ||||||
17 | standards to
be used in the selection of a vendor of child care | ||||||
18 | services.
| ||||||
19 | The contract shall provide for the establishment of or | ||||||
20 | arrangement for the
use of a licensed child day care center or | ||||||
21 | a licensed child day care agency, as defined in
the Child Care | ||||||
22 | Act of 1969.
| ||||||
23 | (Source: P.A. 87-1019; 88-45.)
| ||||||
24 | Section 110. The Southern Illinois University Management | ||||||
25 | Act is amended by changing Section 8b.1 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 520/8b.1) (from Ch. 144, par. 658b.1)
| ||||||
2 | Sec. 8b.1. Child care services.
| ||||||
3 | (a) For the purposes of this Section, "child care | ||||||
4 | services" means child day
care home or center services as | ||||||
5 | defined by the Child Care Act of 1969.
| ||||||
6 | (b) The Board may contract for the provision of child care | ||||||
7 | services for its
employees. The Board may, in accordance with | ||||||
8 | established rules, allow child day care
centers to operate in | ||||||
9 | State-owned or leased facilities. Such child day care centers
| ||||||
10 | shall be primarily for use by State employees of the | ||||||
11 | university but use by
non-employees may be allowed.
| ||||||
12 | Where the Board enters into a contract to construct, | ||||||
13 | acquire or
lease all or a substantial portion of a building, in | ||||||
14 | which more than 50
persons shall be employed, other than a | ||||||
15 | renewal of an existing lease, after
July 1, 1992, and where a | ||||||
16 | need has been demonstrated, according to
subsection (c), | ||||||
17 | on-site child care services shall be provided for
employees of | ||||||
18 | the university.
| ||||||
19 | The Board shall implement this Section and shall | ||||||
20 | promulgate all rules
and regulations necessary for this | ||||||
21 | purpose. By April 1, 1993, the
Board shall propose rules | ||||||
22 | setting forth the standards and criteria,
including need and | ||||||
23 | feasibility, for determining if on-site child care
services | ||||||
24 | shall be provided. The Board shall consult with the Department | ||||||
25 | of
Children and Family Services in defining standards for |
| |||||||
| |||||||
1 | child care service
centers established pursuant to this | ||||||
2 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
3 | The Board shall establish a schedule of fees that
shall be | ||||||
4 | charged for child care services under this Section. The | ||||||
5 | schedule
shall be established so that charges for service are | ||||||
6 | based on the actual cost
of care. Except as otherwise provided | ||||||
7 | by law for employees who may qualify for
public assistance or | ||||||
8 | social services due to indigency or family circumstance,
each | ||||||
9 | employee obtaining child care services under this Section | ||||||
10 | shall be
responsible for full payment of all charges. The | ||||||
11 | Board shall report, on or
before December 31, 1993, to the | ||||||
12 | Governor and the members of the General
Assembly, on the | ||||||
13 | feasibility and implementation of a plan for the provision of
| ||||||
14 | comprehensive child care services.
| ||||||
15 | (c) Prior to contracting for child care services, the | ||||||
16 | Board shall determine
a need for child care services. Proof of | ||||||
17 | need may include a survey of
university employees as well as a | ||||||
18 | determination of the availability of child
care services | ||||||
19 | through other State agencies, or in the community. The Board | ||||||
20 | may
also require submission of a feasibility, design and | ||||||
21 | implementation plan, that
takes into consideration similar | ||||||
22 | needs and services of other State
universities.
| ||||||
23 | The Board shall have the sole responsibility for choosing | ||||||
24 | the successful
bidder and overseeing the operation of its | ||||||
25 | child care service program within
the guidelines established | ||||||
26 | by the Board. The Board shall promulgate rules under
the |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act that detail the specific | ||||||
2 | standards to
be used in the selection of a vendor of child care | ||||||
3 | services.
| ||||||
4 | The contract shall provide for the establishment of or | ||||||
5 | arrangement for the
use of a licensed child day care center or | ||||||
6 | a licensed child day care agency, as defined in
the Child Care | ||||||
7 | Act of 1969.
| ||||||
8 | (Source: P.A. 87-1019; 88-45.)
| ||||||
9 | Section 115. The Chicago State University Law is amended | ||||||
10 | by changing Section 5-95 as follows:
| ||||||
11 | (110 ILCS 660/5-95)
| ||||||
12 | Sec. 5-95. Child care services.
| ||||||
13 | (a) For the purposes of this Section, "child care | ||||||
14 | services" means child day
care home or center services as | ||||||
15 | defined by the Child Care Act of 1969.
| ||||||
16 | (b) The Board may contract for the provision of child care | ||||||
17 | services for its
employees. The Board may, in accordance with | ||||||
18 | established rules, allow child day care
centers to operate in | ||||||
19 | State-owned or leased facilities. Such child day care centers
| ||||||
20 | shall be primarily for use by State employees of Chicago State | ||||||
21 | University but
use by non-employees may be allowed.
| ||||||
22 | Where the Board enters into a contract to construct, | ||||||
23 | acquire or
lease all or a substantial portion of a building, in | ||||||
24 | which more than 50
persons shall be employed, other than a |
| |||||||
| |||||||
1 | renewal of an existing lease,
and where a need has been | ||||||
2 | demonstrated, according to
subsection (c), on-site child care | ||||||
3 | services shall be provided for
employees of Chicago State | ||||||
4 | University.
| ||||||
5 | The Board shall implement this Section and shall | ||||||
6 | promulgate all rules
and regulations necessary for this | ||||||
7 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
8 | setting forth the standards and criteria,
including need and | ||||||
9 | feasibility, for determining if September child care
services | ||||||
10 | shall be provided. The Board shall consult with the Department | ||||||
11 | of
Children and Family Services in defining standards for | ||||||
12 | child care service
centers established pursuant to this | ||||||
13 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
14 | The Board shall establish a schedule of fees that
shall be | ||||||
15 | charged for child care services under this Section. The | ||||||
16 | schedule
shall be established so that charges for service are | ||||||
17 | based on the actual cost
of care. Except as otherwise provided | ||||||
18 | by law for employees who may qualify for
public assistance or | ||||||
19 | social services due to indigency or family circumstance,
each | ||||||
20 | employee obtaining child care services under this Section | ||||||
21 | shall be
responsible for full payment of all charges. The | ||||||
22 | Board shall report, on or
before December 31, 1996, to the | ||||||
23 | Governor and the members of the General
Assembly, on the | ||||||
24 | feasibility and implementation of a plan for the provision of
| ||||||
25 | comprehensive child care services.
| ||||||
26 | (c) Prior to contracting for child care services, the |
| |||||||
| |||||||
1 | Board shall determine
a need for child care services. Proof of | ||||||
2 | need may include a survey of
University employees as well as a | ||||||
3 | determination of the availability of child
care services | ||||||
4 | through other State agencies, or in the community. The Board | ||||||
5 | may
also require submission of a feasibility, design and | ||||||
6 | implementation plan that
takes into consideration similar | ||||||
7 | needs and services of other State
universities.
| ||||||
8 | The Board shall have the sole responsibility for choosing | ||||||
9 | the successful
bidder and overseeing the operation of its | ||||||
10 | child care service program within
the guidelines established | ||||||
11 | by the Board. The Board shall promulgate rules under
the | ||||||
12 | Illinois Administrative Procedure Act that detail the specific | ||||||
13 | standards to
be used in the selection of a vendor of child care | ||||||
14 | services.
| ||||||
15 | The contract shall provide for the establishment of or | ||||||
16 | arrangement for the
use of a licensed child day care center or | ||||||
17 | a licensed child day care agency, as defined in
the Child Care | ||||||
18 | Act of 1969.
| ||||||
19 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
20 | Section 120. The Eastern Illinois University Law is | ||||||
21 | amended by changing Section 10-95 as follows:
| ||||||
22 | (110 ILCS 665/10-95)
| ||||||
23 | Sec. 10-95. Child care services.
| ||||||
24 | (a) For the purposes of this Section, "child care |
| |||||||
| |||||||
1 | services" means child day
care home or center services as | ||||||
2 | defined by the Child Care Act of 1969.
| ||||||
3 | (b) The Board may contract for the provision of child care | ||||||
4 | services for its
employees. The Board may, in accordance with | ||||||
5 | established rules, allow child day care
centers to operate in | ||||||
6 | State-owned or leased facilities. Such child day care centers
| ||||||
7 | shall be primarily for use by State employees of Eastern | ||||||
8 | Illinois University
but use by non-employees may be allowed.
| ||||||
9 | Where the Board enters into a contract to construct, | ||||||
10 | acquire or
lease all or a substantial portion of a building, in | ||||||
11 | which more than 50
persons shall be employed, other than a | ||||||
12 | renewal of an existing lease,
and where a need has been | ||||||
13 | demonstrated, according to
subsection (c), on-site child care | ||||||
14 | services shall be provided for
employees of Eastern Illinois | ||||||
15 | University.
| ||||||
16 | The Board shall implement this Section and shall | ||||||
17 | promulgate all rules
and regulations necessary for this | ||||||
18 | purpose. By September 1, 1996 the
Board shall propose rules | ||||||
19 | setting forth the standards and criteria,
including need and | ||||||
20 | feasibility, for determining if September child care
services | ||||||
21 | shall be provided. The Board shall consult with the Department | ||||||
22 | of
Children and Family Services in defining standards for | ||||||
23 | child care service
centers established pursuant to this | ||||||
24 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
25 | The Board shall establish a schedule of fees that
shall be | ||||||
26 | charged for child care services under this Section. The |
| |||||||
| |||||||
1 | schedule
shall be established so that charges for service are | ||||||
2 | based on the actual cost
of care. Except as otherwise provided | ||||||
3 | by law for employees who may qualify for
public assistance or | ||||||
4 | social services due to indigency or family circumstance,
each | ||||||
5 | employee obtaining child care services under this Section | ||||||
6 | shall be
responsible for full payment of all charges. The | ||||||
7 | Board shall report, on or
before December 31, 1996, to the | ||||||
8 | Governor and the members of the General
Assembly, on the | ||||||
9 | feasibility and implementation of a plan for the provision of
| ||||||
10 | comprehensive child care services.
| ||||||
11 | (c) Prior to contracting for child care services, the | ||||||
12 | Board shall determine
a need for child care services. Proof of | ||||||
13 | need may include a survey of
University employees as well as a | ||||||
14 | determination of the availability of child
care services | ||||||
15 | through other State agencies, or in the community. The Board | ||||||
16 | may
also require submission of a feasibility, design and | ||||||
17 | implementation plan that
takes into consideration similar | ||||||
18 | needs and services of other State
universities.
| ||||||
19 | The Board shall have the sole responsibility for choosing | ||||||
20 | the successful
bidder and overseeing the operation of its | ||||||
21 | child care service program within
the guidelines established | ||||||
22 | by the Board. The Board shall promulgate rules under
the | ||||||
23 | Illinois Administrative Procedure Act that detail the specific | ||||||
24 | standards to
be used in the selection of a vendor of child care | ||||||
25 | services.
| ||||||
26 | The contract shall provide for the establishment of or |
| |||||||
| |||||||
1 | arrangement for the
use of a licensed child day care center or | ||||||
2 | a licensed child day care agency, as defined in
the Child Care | ||||||
3 | Act of 1969.
| ||||||
4 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
5 | Section 125. The Governors State University Law is amended | ||||||
6 | by changing Section 15-95 as follows:
| ||||||
7 | (110 ILCS 670/15-95)
| ||||||
8 | Sec. 15-95. Child care services.
| ||||||
9 | (a) For the purposes of this Section, "child care | ||||||
10 | services" means child day
care home or center services as | ||||||
11 | defined by the Child Care Act of 1969.
| ||||||
12 | (b) The Board may contract for the provision of child care | ||||||
13 | services for its
employees. The Board may, in accordance with | ||||||
14 | established rules, allow child day care
centers to operate in | ||||||
15 | State-owned or leased facilities. Such child day care centers
| ||||||
16 | shall be primarily for use by State employees of Governors | ||||||
17 | State University but
use by non-employees may be allowed.
| ||||||
18 | Where the Board enters into a contract to construct, | ||||||
19 | acquire or
lease all or a substantial portion of a building, in | ||||||
20 | which more than 50
persons shall be employed, other than a | ||||||
21 | renewal of an existing lease,
and where a need has been | ||||||
22 | demonstrated, according to
subsection (c), on-site child care | ||||||
23 | services shall be provided for
employees of Governors State | ||||||
24 | University.
|
| |||||||
| |||||||
1 | The Board shall implement this Section and shall | ||||||
2 | promulgate all rules
and regulations necessary for this | ||||||
3 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
4 | setting forth the standards and criteria,
including need and | ||||||
5 | feasibility, for determining if September child care
services | ||||||
6 | shall be provided. The Board shall consult with the Department | ||||||
7 | of
Children and Family Services in defining standards for | ||||||
8 | child care service
centers established pursuant to this | ||||||
9 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
10 | The Board shall establish a schedule of fees that
shall be | ||||||
11 | charged for child care services under this Section. The | ||||||
12 | schedule
shall be established so that charges for service are | ||||||
13 | based on the actual cost
of care. Except as otherwise provided | ||||||
14 | by law for employees who may qualify for
public assistance or | ||||||
15 | social services due to indigency or family circumstance,
each | ||||||
16 | employee obtaining child care services under this Section | ||||||
17 | shall be
responsible for full payment of all charges. The | ||||||
18 | Board shall report, on or
before December 31, 1996, to the | ||||||
19 | Governor and the members of the General
Assembly, on the | ||||||
20 | feasibility and implementation of a plan for the provision of
| ||||||
21 | comprehensive child care services.
| ||||||
22 | (c) Prior to contracting for child care services, the | ||||||
23 | Board shall determine
a need for child care services. Proof of | ||||||
24 | need may include a survey of
University employees as well as a | ||||||
25 | determination of the availability of child
care services | ||||||
26 | through other State agencies, or in the community. The Board |
| |||||||
| |||||||
1 | may
also require submission of a feasibility, design and | ||||||
2 | implementation plan that
takes into consideration similar | ||||||
3 | needs and services of other State
universities.
| ||||||
4 | The Board shall have the sole responsibility for choosing | ||||||
5 | the successful
bidder and overseeing the operation of its | ||||||
6 | child care service program within
the guidelines established | ||||||
7 | by the Board. The Board shall promulgate rules under
the | ||||||
8 | Illinois Administrative Procedure Act that detail the specific | ||||||
9 | standards to
be used in the selection of a vendor of child care | ||||||
10 | services.
| ||||||
11 | The contract shall provide for the establishment of or | ||||||
12 | arrangement for the
use of a licensed child day care center or | ||||||
13 | a licensed child day care agency, as defined in
the Child Care | ||||||
14 | Act of 1969.
| ||||||
15 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
16 | Section 130. The Illinois State University Law is amended | ||||||
17 | by changing Section 20-95 as follows:
| ||||||
18 | (110 ILCS 675/20-95)
| ||||||
19 | Sec. 20-95. Child care services.
| ||||||
20 | (a) For the purposes of this Section, "child care | ||||||
21 | services" means child day
care home or center services as | ||||||
22 | defined by the Child Care Act of 1969.
| ||||||
23 | (b) The Board may contract for the provision of child care | ||||||
24 | services for its
employees. The Board may, in accordance with |
| |||||||
| |||||||
1 | established rules, allow child day care
centers to operate in | ||||||
2 | State-owned or leased facilities. Such child day care centers
| ||||||
3 | shall be primarily for use by State employees of Illinois | ||||||
4 | State University but
use by non-employees may be allowed.
| ||||||
5 | Where the Board enters into a contract to construct, | ||||||
6 | acquire or
lease all or a substantial portion of a building, in | ||||||
7 | which more than 50
persons shall be employed, other than a | ||||||
8 | renewal of an existing lease,
and where a need has been | ||||||
9 | demonstrated, according to
subsection (c), on-site child care | ||||||
10 | services shall be provided for
employees of Illinois State | ||||||
11 | University.
| ||||||
12 | The Board shall implement this Section and shall | ||||||
13 | promulgate all rules
and regulations necessary for this | ||||||
14 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
15 | setting forth the standards and criteria,
including need and | ||||||
16 | feasibility, for determining if September child care
services | ||||||
17 | shall be provided. The Board shall consult with the Department | ||||||
18 | of
Children and Family Services in defining standards for | ||||||
19 | child care service
centers established pursuant to this | ||||||
20 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
21 | The Board shall establish a schedule of fees that
shall be | ||||||
22 | charged for child care services under this Section. The | ||||||
23 | schedule
shall be established so that charges for service are | ||||||
24 | based on the actual cost
of care. Except as otherwise provided | ||||||
25 | by law for employees who may qualify for
public assistance or | ||||||
26 | social services due to indigency or family circumstance,
each |
| |||||||
| |||||||
1 | employee obtaining child care services under this Section | ||||||
2 | shall be
responsible for full payment of all charges. The | ||||||
3 | Board shall report, on or
before December 31, 1996, to the | ||||||
4 | Governor and the members of the General
Assembly, on the | ||||||
5 | feasibility and implementation of a plan for the provision of
| ||||||
6 | comprehensive child care services.
| ||||||
7 | (c) Prior to contracting for child care services, the | ||||||
8 | Board shall determine
a need for child care services. Proof of | ||||||
9 | need may include a survey of
University employees as well as a | ||||||
10 | determination of the availability of child
care services | ||||||
11 | through other State agencies, or in the community. The Board | ||||||
12 | may
also require submission of a feasibility, design and | ||||||
13 | implementation plan that
takes into consideration similar | ||||||
14 | needs and services of other State
universities.
| ||||||
15 | The Board shall have the sole responsibility for choosing | ||||||
16 | the successful
bidder and overseeing the operation of its | ||||||
17 | child care service program within
the guidelines established | ||||||
18 | by the Board. The Board shall promulgate rules under
the | ||||||
19 | Illinois Administrative Procedure Act that detail the specific | ||||||
20 | standards to
be used in the selection of a vendor of child care | ||||||
21 | services.
| ||||||
22 | The contract shall provide for the establishment of or | ||||||
23 | arrangement for the
use of a licensed child day care center or | ||||||
24 | a licensed child day care agency, as defined in
the Child Care | ||||||
25 | Act of 1969.
| ||||||
26 | (Source: P.A. 89-4, eff. 1-1-96.)
|
| |||||||
| |||||||
1 | Section 135. The Northeastern Illinois University Law is | ||||||
2 | amended by changing Section 25-95 as follows:
| ||||||
3 | (110 ILCS 680/25-95)
| ||||||
4 | Sec. 25-95. Child care services.
| ||||||
5 | (a) For the purposes of this Section, "child care | ||||||
6 | services" means child day
care home or center services as | ||||||
7 | defined by the Child Care Act of 1969.
| ||||||
8 | (b) The Board may contract for the provision of child care | ||||||
9 | services for its
employees. The Board may, in accordance with | ||||||
10 | established rules, allow child day care
centers to operate in | ||||||
11 | State-owned or leased facilities. Such child day care centers
| ||||||
12 | shall be primarily for use by State employees of Northeastern | ||||||
13 | Illinois
University but use by non-employees may be allowed.
| ||||||
14 | Where the Board enters into a contract to construct, | ||||||
15 | acquire or
lease all or a substantial portion of a building, in | ||||||
16 | which more than 50
persons shall be employed, other than a | ||||||
17 | renewal of an existing lease,
and where a need has been | ||||||
18 | demonstrated, according to
subsection (c), on-site child care | ||||||
19 | services shall be provided for
employees of Northeastern | ||||||
20 | Illinois University.
| ||||||
21 | The Board shall implement this Section and shall | ||||||
22 | promulgate all rules
and regulations necessary for this | ||||||
23 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
24 | setting forth the standards and criteria,
including need and |
| |||||||
| |||||||
1 | feasibility, for determining if September child care
services | ||||||
2 | shall be provided. The Board shall consult with the Department | ||||||
3 | of
Children and Family Services in defining standards for | ||||||
4 | child care service
centers established pursuant to this | ||||||
5 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
6 | The Board shall establish a schedule of fees that
shall be | ||||||
7 | charged for child care services under this Section. The | ||||||
8 | schedule
shall be established so that charges for service are | ||||||
9 | based on the actual cost
of care. Except as otherwise provided | ||||||
10 | by law for employees who may qualify for
public assistance or | ||||||
11 | social services due to indigency or family circumstance,
each | ||||||
12 | employee obtaining child care services under this Section | ||||||
13 | shall be
responsible for full payment of all charges. The | ||||||
14 | Board shall report, on or
before December 31, 1996, to the | ||||||
15 | Governor and the members of the General
Assembly, on the | ||||||
16 | feasibility and implementation of a plan for the provision of
| ||||||
17 | comprehensive child care services.
| ||||||
18 | (c) Prior to contracting for child care services, the | ||||||
19 | Board shall determine
a need for child care services. Proof of | ||||||
20 | need may include a survey of
University employees as well as a | ||||||
21 | determination of the availability of child
care services | ||||||
22 | through other State agencies, or in the community. The Board | ||||||
23 | may
also require submission of a feasibility, design and | ||||||
24 | implementation plan that
takes into consideration similar | ||||||
25 | needs and services of other State
universities.
| ||||||
26 | The Board shall have the sole responsibility for choosing |
| |||||||
| |||||||
1 | the successful
bidder and overseeing the operation of its | ||||||
2 | child care service program within
the guidelines established | ||||||
3 | by the Board. The Board shall promulgate rules under
the | ||||||
4 | Illinois Administrative Procedure Act that detail the specific | ||||||
5 | standards to
be used in the selection of a vendor of child care | ||||||
6 | services.
| ||||||
7 | The contract shall provide for the establishment of or | ||||||
8 | arrangement for the
use of a licensed child day care center or | ||||||
9 | a licensed child day care agency, as defined in
the Child Care | ||||||
10 | Act of 1969.
| ||||||
11 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
12 | Section 140. The Northern Illinois University Law is | ||||||
13 | amended by changing Section 30-95 as follows:
| ||||||
14 | (110 ILCS 685/30-95)
| ||||||
15 | Sec. 30-95. Child care services.
| ||||||
16 | (a) For the purposes of this Section, "child care | ||||||
17 | services" means child day
care home or center services as | ||||||
18 | defined by the Child Care Act of 1969.
| ||||||
19 | (b) The Board may contract for the provision of child care | ||||||
20 | services for its
employees. The Board may, in accordance with | ||||||
21 | established rules, allow child day care
centers to operate in | ||||||
22 | State-owned or leased facilities. Such child day care centers
| ||||||
23 | shall be primarily for use by State employees of Northern | ||||||
24 | Illinois University
but use by non-employees may be allowed.
|
| |||||||
| |||||||
1 | Where the Board enters into a contract to construct, | ||||||
2 | acquire or
lease all or a substantial portion of a building, in | ||||||
3 | which more than 50
persons shall be employed, other than a | ||||||
4 | renewal of an existing lease,
and where a need has been | ||||||
5 | demonstrated, according to
subsection (c), on-site child care | ||||||
6 | services shall be provided for
employees of Northern Illinois | ||||||
7 | University.
| ||||||
8 | The Board shall implement this Section and shall | ||||||
9 | promulgate all rules
and regulations necessary for this | ||||||
10 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
11 | setting forth the standards and criteria,
including need and | ||||||
12 | feasibility, for determining if September child care
services | ||||||
13 | shall be provided. The Board shall consult with the Department | ||||||
14 | of
Children and Family Services in defining standards for | ||||||
15 | child care service
centers established pursuant to this | ||||||
16 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
17 | The Board shall establish a schedule of fees that
shall be | ||||||
18 | charged for child care services under this Section. The | ||||||
19 | schedule
shall be established so that charges for service are | ||||||
20 | based on the actual cost
of care. Except as otherwise provided | ||||||
21 | by law for employees who may qualify for
public assistance or | ||||||
22 | social services due to indigency or family circumstance,
each | ||||||
23 | employee obtaining child care services under this Section | ||||||
24 | shall be
responsible for full payment of all charges. The | ||||||
25 | Board shall report, on or
before December 31, 1996, to the | ||||||
26 | Governor and the members of the General
Assembly, on the |
| |||||||
| |||||||
1 | feasibility and implementation of a plan for the provision of
| ||||||
2 | comprehensive child care services.
| ||||||
3 | (c) Prior to contracting for child care services, the | ||||||
4 | Board shall determine
a need for child care services. Proof of | ||||||
5 | need may include a survey of
University employees as well as a | ||||||
6 | determination of the availability of child
care services | ||||||
7 | through other State agencies, or in the community. The Board | ||||||
8 | may
also require submission of a feasibility, design and | ||||||
9 | implementation plan that
takes into consideration similar | ||||||
10 | needs and services of other State
universities.
| ||||||
11 | The Board shall have the sole responsibility for choosing | ||||||
12 | the successful
bidder and overseeing the operation of its | ||||||
13 | child care service program within
the guidelines established | ||||||
14 | by the Board. The Board shall promulgate rules under
the | ||||||
15 | Illinois Administrative Procedure Act that detail the specific | ||||||
16 | standards to
be used in the selection of a vendor of child care | ||||||
17 | services.
| ||||||
18 | The contract shall provide for the establishment of or | ||||||
19 | arrangement for the
use of a licensed child day care center or | ||||||
20 | a licensed child day care agency, as defined in
the Child Care | ||||||
21 | Act of 1969.
| ||||||
22 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
23 | Section 145. The Western Illinois University Law is | ||||||
24 | amended by changing Section 35-95 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 690/35-95)
| ||||||
2 | Sec. 35-95. Child care services.
| ||||||
3 | (a) For the purposes of this Section, "child care | ||||||
4 | services" means child day
care home or center services as | ||||||
5 | defined by the Child Care Act of 1969.
| ||||||
6 | (b) The Board may contract for the provision of child care | ||||||
7 | services for its
employees. The Board may, in accordance with | ||||||
8 | established rules, allow child day care
centers to operate in | ||||||
9 | State-owned or leased facilities. Such child day care centers
| ||||||
10 | shall be primarily for use by State employees of Western | ||||||
11 | Illinois University
but use by non-employees may be allowed.
| ||||||
12 | Where the Board enters into a contract to construct, | ||||||
13 | acquire or
lease all or a substantial portion of a building, in | ||||||
14 | which more than 50
persons shall be employed, other than a | ||||||
15 | renewal of an existing lease,
and where a need has been | ||||||
16 | demonstrated, according to
subsection (c), on-site child care | ||||||
17 | services shall be provided for
employees of Western Illinois | ||||||
18 | University.
| ||||||
19 | The Board shall implement this Section and shall | ||||||
20 | promulgate all rules
and regulations necessary for this | ||||||
21 | purpose. By September 1, 1996, the
Board shall propose rules | ||||||
22 | setting forth the standards and criteria,
including need and | ||||||
23 | feasibility, for determining if September child care
services | ||||||
24 | shall be provided. The Board shall consult with the Department | ||||||
25 | of
Children and Family Services in defining standards for | ||||||
26 | child care service
centers established pursuant to this |
| |||||||
| |||||||
1 | Section to ensure compliance with the
Child Care Act of 1969. | ||||||
2 | The Board shall establish a schedule of fees that
shall be | ||||||
3 | charged for child care services under this Section. The | ||||||
4 | schedule
shall be established so that charges for service are | ||||||
5 | based on the actual cost
of care. Except as otherwise provided | ||||||
6 | by law for employees who may qualify for
public assistance or | ||||||
7 | social services due to indigency or family circumstance,
each | ||||||
8 | employee obtaining child care services under this Section | ||||||
9 | shall be
responsible for full payment of all charges. The | ||||||
10 | Board shall report, on or
before December 31, 1996, to the | ||||||
11 | Governor and the members of the General
Assembly, on the | ||||||
12 | feasibility and implementation of a plan for the provision of
| ||||||
13 | comprehensive child care services.
| ||||||
14 | (c) Prior to contracting for child care services, the | ||||||
15 | Board shall determine
a need for child care services. Proof of | ||||||
16 | need may include a survey of
University employees as well as a | ||||||
17 | determination of the availability of child
care services | ||||||
18 | through other State agencies, or in the community. The Board | ||||||
19 | may
also require submission of a feasibility, design and | ||||||
20 | implementation plan that
takes into consideration similar | ||||||
21 | needs and services of other State
universities.
| ||||||
22 | The Board shall have the sole responsibility for choosing | ||||||
23 | the successful
bidder and overseeing the operation of its | ||||||
24 | child care service program within
the guidelines established | ||||||
25 | by the Board. The Board shall promulgate rules under
the | ||||||
26 | Illinois Administrative Procedure Act that detail the specific |
| |||||||
| |||||||
1 | standards to
be used in the selection of a vendor of child care | ||||||
2 | services.
| ||||||
3 | The contract shall provide for the establishment of or | ||||||
4 | arrangement for the
use of a licensed child day care center or | ||||||
5 | a licensed child day care agency, as defined in
the Child Care | ||||||
6 | Act of 1969.
| ||||||
7 | (Source: P.A. 89-4, eff. 1-1-96.)
| ||||||
8 | Section 150. The Alternative Health Care Delivery Act is | ||||||
9 | amended by changing Section 35 as follows:
| ||||||
10 | (210 ILCS 3/35)
| ||||||
11 | Sec. 35. Alternative health care models authorized. | ||||||
12 | Notwithstanding
any other law to the contrary, alternative | ||||||
13 | health care models
described in this Section may be | ||||||
14 | established on a demonstration basis.
| ||||||
15 | (1) (Blank).
| ||||||
16 | (2) Alternative health care delivery model; | ||||||
17 | postsurgical recovery care
center. A postsurgical recovery | ||||||
18 | care center is a designated site which
provides | ||||||
19 | postsurgical recovery care for generally healthy patients
| ||||||
20 | undergoing surgical procedures that potentially require | ||||||
21 | overnight nursing care, pain
control, or observation that | ||||||
22 | would otherwise be provided in an inpatient
setting. | ||||||
23 | Patients may be discharged from the postsurgical recovery | ||||||
24 | care center in less than 24 hours if the attending |
| |||||||
| |||||||
1 | physician or the facility's medical director believes the | ||||||
2 | patient has recovered enough to be discharged. A | ||||||
3 | postsurgical recovery care center is either freestanding | ||||||
4 | or a
defined unit of an ambulatory surgical treatment | ||||||
5 | center or hospital.
No facility, or portion of a facility, | ||||||
6 | may participate in a demonstration
program as a | ||||||
7 | postsurgical recovery care center unless the facility has | ||||||
8 | been
licensed as an ambulatory surgical treatment center | ||||||
9 | or hospital for at least 2
years before August 20, 1993 | ||||||
10 | (the effective date of Public Act 88-441). The
maximum | ||||||
11 | length of stay for patients in a
postsurgical recovery | ||||||
12 | care center is not to exceed 48 hours unless the treating
| ||||||
13 | physician requests an extension of time from the recovery | ||||||
14 | center's medical
director on the basis of medical or | ||||||
15 | clinical documentation that an additional
care period is | ||||||
16 | required for the recovery of a patient and the medical | ||||||
17 | director
approves the extension of time. In no case, | ||||||
18 | however, shall a patient's length
of stay in a | ||||||
19 | postsurgical recovery care center be longer than 72 hours. | ||||||
20 | If a
patient requires an additional care period after the | ||||||
21 | expiration of the 72-hour
limit, the patient shall be | ||||||
22 | transferred to an appropriate facility. Reports on
| ||||||
23 | variances from the 24-hour or 48-hour limit shall be sent | ||||||
24 | to the Department for its
evaluation. The reports shall, | ||||||
25 | before submission to the Department, have
removed from | ||||||
26 | them all patient and physician identifiers. Blood products |
| |||||||
| |||||||
1 | may be administered in the postsurgical recovery care | ||||||
2 | center model. In order to handle
cases of complications, | ||||||
3 | emergencies, or exigent circumstances, every
postsurgical | ||||||
4 | recovery care center as defined in this paragraph shall | ||||||
5 | maintain a
contractual relationship, including a transfer | ||||||
6 | agreement, with a general acute
care hospital. A | ||||||
7 | postsurgical recovery care center shall be no larger than | ||||||
8 | 20
beds. A postsurgical recovery care center shall be | ||||||
9 | located within 15 minutes
travel time from the general | ||||||
10 | acute care hospital with which the center
maintains a | ||||||
11 | contractual relationship, including a transfer agreement, | ||||||
12 | as
required under this paragraph.
| ||||||
13 | No postsurgical recovery care center shall | ||||||
14 | discriminate against any patient
requiring treatment | ||||||
15 | because of the source of payment for services, including
| ||||||
16 | Medicare and Medicaid recipients.
| ||||||
17 | The Department shall adopt rules to implement the | ||||||
18 | provisions of Public
Act 88-441 concerning postsurgical | ||||||
19 | recovery care centers within 9 months after
August 20, | ||||||
20 | 1993. Notwithstanding any other law to the contrary, a | ||||||
21 | postsurgical recovery care center model may provide sleep | ||||||
22 | laboratory or similar sleep studies in accordance with | ||||||
23 | applicable State and federal laws and regulations.
| ||||||
24 | (3) Alternative health care delivery model; children's | ||||||
25 | community-based
health care center. A children's | ||||||
26 | community-based health care center model is a
designated |
| |||||||
| |||||||
1 | site that provides nursing care, clinical support | ||||||
2 | services, and
therapies for a period of one to 14 days for | ||||||
3 | short-term stays and 120 days to
facilitate transitions to | ||||||
4 | home or other appropriate settings for medically
fragile | ||||||
5 | children, technology
dependent children, and children with | ||||||
6 | special health care needs who are deemed
clinically stable | ||||||
7 | by a physician and are younger than 22 years of age. This
| ||||||
8 | care is to be provided in a home-like environment that | ||||||
9 | serves no more than 12
children at a time, except that a | ||||||
10 | children's community-based health care center in existence | ||||||
11 | on the effective date of this amendatory Act of the 100th | ||||||
12 | General Assembly that is located in Chicago on grade level | ||||||
13 | for Life Safety Code purposes may provide care to no more | ||||||
14 | than 16 children at a time. Children's community-based | ||||||
15 | health care center
services must be available through the | ||||||
16 | model to all families, including those
whose care is paid | ||||||
17 | for through the Department of Healthcare and Family | ||||||
18 | Services, the Department of
Children and Family Services, | ||||||
19 | the Department of Human Services, and insurance
companies | ||||||
20 | who cover home health care services or private duty | ||||||
21 | nursing care in
the home.
| ||||||
22 | Each children's community-based health care center | ||||||
23 | model location shall be
physically separate and
apart from | ||||||
24 | any other facility licensed by the Department of Public | ||||||
25 | Health under
this or any other Act and shall provide the | ||||||
26 | following services: respite care,
registered nursing or |
| |||||||
| |||||||
1 | licensed practical nursing care, transitional care to
| ||||||
2 | facilitate home placement or other appropriate settings | ||||||
3 | and reunite families,
medical child day care, weekend
| ||||||
4 | camps, and diagnostic studies typically done in the home | ||||||
5 | setting.
| ||||||
6 | Coverage for the services provided by the
Department | ||||||
7 | of Healthcare and Family Services
under this paragraph (3) | ||||||
8 | is contingent upon federal waiver approval and is
provided | ||||||
9 | only to Medicaid eligible clients participating in the | ||||||
10 | home and
community based services waiver designated in | ||||||
11 | Section 1915(c) of the Social
Security Act for medically | ||||||
12 | frail and technologically dependent children or
children | ||||||
13 | in Department of Children and Family Services foster care | ||||||
14 | who receive
home health benefits.
| ||||||
15 | (4) Alternative health care delivery model; community | ||||||
16 | based residential
rehabilitation center.
A community-based | ||||||
17 | residential rehabilitation center model is a designated
| ||||||
18 | site that provides rehabilitation or support, or both, for | ||||||
19 | persons who have
experienced severe brain injury, who are | ||||||
20 | medically stable, and who no longer
require acute | ||||||
21 | rehabilitative care or intense medical or nursing | ||||||
22 | services. The
average length of stay in a community-based | ||||||
23 | residential rehabilitation center
shall not exceed 4 | ||||||
24 | months. As an integral part of the services provided,
| ||||||
25 | individuals are housed in a supervised living setting | ||||||
26 | while having immediate
access to the community. The |
| |||||||
| |||||||
1 | residential rehabilitation center authorized by
the | ||||||
2 | Department may have more than one residence included under | ||||||
3 | the license.
A residence may be no larger than 12 beds and | ||||||
4 | shall be located as an integral
part of the community. Day | ||||||
5 | treatment or
individualized outpatient services shall be | ||||||
6 | provided for persons who reside in
their own home. | ||||||
7 | Functional outcome goals shall be established for each
| ||||||
8 | individual. Services shall include, but are not limited | ||||||
9 | to, case management,
training and assistance with | ||||||
10 | activities of daily living, nursing
consultation, | ||||||
11 | traditional therapies (physical, occupational, speech),
| ||||||
12 | functional interventions in the residence and community | ||||||
13 | (job placement,
shopping, banking, recreation), | ||||||
14 | counseling, self-management strategies,
productive | ||||||
15 | activities, and multiple opportunities for skill | ||||||
16 | acquisition and
practice throughout the day. The design of | ||||||
17 | individualized program plans shall
be consistent with the | ||||||
18 | outcome goals that are established for each resident.
The | ||||||
19 | programs provided in this setting shall be accredited by | ||||||
20 | the
Commission
on Accreditation of Rehabilitation | ||||||
21 | Facilities (CARF). The program shall have
been accredited | ||||||
22 | by CARF as a Brain Injury Community-Integrative Program | ||||||
23 | for at
least 3 years.
| ||||||
24 | (5) Alternative health care delivery model; | ||||||
25 | Alzheimer's disease
management center. An Alzheimer's | ||||||
26 | disease management center model is a
designated site that |
| |||||||
| |||||||
1 | provides a safe and secure setting for care of persons
| ||||||
2 | diagnosed with Alzheimer's disease. An Alzheimer's disease | ||||||
3 | management center
model shall be a facility separate from | ||||||
4 | any other facility licensed by the
Department of Public | ||||||
5 | Health under this or any other Act. An Alzheimer's
disease | ||||||
6 | management center shall conduct and document an assessment | ||||||
7 | of each
resident every 6 months. The assessment shall | ||||||
8 | include an evaluation of daily
functioning, cognitive | ||||||
9 | status, other medical conditions, and behavioral
problems. | ||||||
10 | An Alzheimer's disease management center shall develop and | ||||||
11 | implement
an ongoing treatment plan for each resident. The | ||||||
12 | treatment
plan shall have defined goals.
The
Alzheimer's | ||||||
13 | disease management center shall treat behavioral problems | ||||||
14 | and mood
disorders using nonpharmacologic approaches such | ||||||
15 | as environmental modification,
task simplification, and | ||||||
16 | other appropriate activities.
All staff must have | ||||||
17 | necessary
training to care for all stages of Alzheimer's | ||||||
18 | Disease. An
Alzheimer's disease
management center shall | ||||||
19 | provide education and support for residents and
| ||||||
20 | caregivers. The
education and support shall include | ||||||
21 | referrals to support organizations for
educational | ||||||
22 | materials on community resources, support groups, legal | ||||||
23 | and
financial issues, respite care, and future care needs | ||||||
24 | and options. The
education and support shall also include | ||||||
25 | a discussion of the resident's need to
make advance | ||||||
26 | directives and to identify surrogates for medical and |
| |||||||
| |||||||
1 | legal
decision-making. The provisions of this paragraph | ||||||
2 | establish the minimum level
of services that must be | ||||||
3 | provided by an Alzheimer's disease management
center. An | ||||||
4 | Alzheimer's disease management center model shall have no | ||||||
5 | more
than 100 residents. Nothing in this paragraph (5) | ||||||
6 | shall be construed as
prohibiting a person or facility | ||||||
7 | from providing services and care to persons
with | ||||||
8 | Alzheimer's disease as otherwise authorized under State | ||||||
9 | law.
| ||||||
10 | (6) Alternative health care delivery model; birth | ||||||
11 | center. A birth
center shall be exclusively dedicated to | ||||||
12 | serving the childbirth-related needs of women and their | ||||||
13 | newborns and shall have no more than 10 beds. A birth | ||||||
14 | center is a designated site
that is away from the mother's | ||||||
15 | usual place of residence and in which births are
planned | ||||||
16 | to occur following a normal, uncomplicated, and low-risk | ||||||
17 | pregnancy. A
birth center shall offer prenatal care and | ||||||
18 | community education services and
shall coordinate these | ||||||
19 | services with other health care services available in
the | ||||||
20 | community.
| ||||||
21 | (A) A birth center shall not be separately | ||||||
22 | licensed if it
is one of the following: | ||||||
23 | (1) A part of a hospital; or | ||||||
24 | (2) A freestanding facility that is physically
| ||||||
25 | distinct from a hospital but is operated under a
| ||||||
26 | license issued to a hospital under the Hospital
|
| |||||||
| |||||||
1 | Licensing Act. | ||||||
2 | (B) A separate birth center license shall be | ||||||
3 | required if the birth center is operated as: | ||||||
4 | (1) A part of the operation of a federally
| ||||||
5 | qualified health center as designated by the | ||||||
6 | United
States Department of Health and Human | ||||||
7 | Services; or | ||||||
8 | (2) A facility other than one described in | ||||||
9 | subparagraph (A)(1), (A)(2), or (B)(1) of this | ||||||
10 | paragraph (6) whose costs are
reimbursable under | ||||||
11 | Title XIX of the federal Social
Security Act. | ||||||
12 | In adopting rules for birth centers, the Department | ||||||
13 | shall consider:
the American Association
of Birth Centers' | ||||||
14 | Standards for Freestanding Birth Centers; the American | ||||||
15 | Academy of Pediatrics/American College of Obstetricians | ||||||
16 | and Gynecologists Guidelines for Perinatal Care; and the | ||||||
17 | Regionalized Perinatal Health Care Code. The Department's | ||||||
18 | rules shall stipulate the eligibility criteria for birth | ||||||
19 | center admission. The Department's rules shall
stipulate | ||||||
20 | the necessary equipment for emergency care
according to | ||||||
21 | the American Association of Birth Centers'
standards and | ||||||
22 | any additional equipment deemed necessary by the | ||||||
23 | Department. The Department's rules shall provide for a | ||||||
24 | time
period within which each birth center not part of a
| ||||||
25 | hospital must become accredited by either the Commission | ||||||
26 | for the
Accreditation of Freestanding Birth Centers or The |
| |||||||
| |||||||
1 | Joint Commission. | ||||||
2 | A birth center shall be certified to participate in | ||||||
3 | the Medicare and Medicaid
programs under Titles XVIII and | ||||||
4 | XIX, respectively, of the federal Social
Security Act.
To | ||||||
5 | the extent necessary, the Illinois Department of | ||||||
6 | Healthcare and Family Services shall apply for
a waiver | ||||||
7 | from the United States Health Care Financing | ||||||
8 | Administration to allow
birth centers to be reimbursed | ||||||
9 | under Title XIX of the federal Social Security
Act. | ||||||
10 | A birth center that is not operated under a hospital | ||||||
11 | license shall be located within a ground travel time | ||||||
12 | distance from the general acute care hospital with which
| ||||||
13 | the birth center maintains a contractual relationship,
| ||||||
14 | including a transfer agreement, as required under this
| ||||||
15 | paragraph, that allows for an emergency caesarian delivery | ||||||
16 | to be started within 30 minutes of the decision a | ||||||
17 | caesarian delivery is necessary. A birth center operating | ||||||
18 | under a hospital license shall be located within a ground | ||||||
19 | travel time distance from the licensed hospital that | ||||||
20 | allows for an emergency caesarian delivery to be started | ||||||
21 | within 30 minutes of the decision a caesarian delivery is | ||||||
22 | necessary. | ||||||
23 | The services of a
medical director physician, licensed | ||||||
24 | to practice medicine in all its branches, who is certified | ||||||
25 | or eligible for certification by the
American College of | ||||||
26 | Obstetricians and Gynecologists or the
American Board of |
| |||||||
| |||||||
1 | Osteopathic Obstetricians and Gynecologists or has | ||||||
2 | hospital
obstetrical privileges are required in birth | ||||||
3 | centers. The medical director in consultation with the | ||||||
4 | Director of Nursing and Midwifery Services shall | ||||||
5 | coordinate the clinical staff and overall provision of | ||||||
6 | patient care.
The medical director or his or her physician | ||||||
7 | designee shall be available on the premises or within a | ||||||
8 | close proximity as defined by rule. The medical director | ||||||
9 | and the Director of Nursing and Midwifery Services shall | ||||||
10 | jointly develop and approve policies defining the criteria | ||||||
11 | to determine which pregnancies are accepted as normal, | ||||||
12 | uncomplicated, and low-risk, and the anesthesia services | ||||||
13 | available at the center. No general anesthesia may be | ||||||
14 | administered at the center. | ||||||
15 | If a birth center employs
certified nurse midwives, a | ||||||
16 | certified nurse midwife shall be the Director of
Nursing | ||||||
17 | and Midwifery
Services who is responsible for the | ||||||
18 | development of policies and procedures for
services as | ||||||
19 | provided by Department rules. | ||||||
20 | An obstetrician, family
practitioner, or certified | ||||||
21 | nurse midwife shall attend each woman in labor from
the | ||||||
22 | time of admission through birth and throughout the | ||||||
23 | immediate postpartum
period. Attendance may be delegated | ||||||
24 | only to another physician or certified
nurse
midwife. | ||||||
25 | Additionally, a second staff person shall also be present | ||||||
26 | at each
birth who is licensed or certified in Illinois in a |
| |||||||
| |||||||
1 | health-related field and under the supervision of the | ||||||
2 | physician or certified nurse midwife
in attendance, has | ||||||
3 | specialized training in labor and delivery techniques and
| ||||||
4 | care of newborns, and receives planned and ongoing | ||||||
5 | training as needed to
perform assigned duties effectively. | ||||||
6 | The maximum length of stay in a birth center shall be
| ||||||
7 | consistent with existing State laws allowing a 48-hour | ||||||
8 | stay or appropriate
post-delivery care, if discharged | ||||||
9 | earlier than 48 hours. | ||||||
10 | A birth center shall
participate in the Illinois | ||||||
11 | Perinatal
System under the Developmental Disability | ||||||
12 | Prevention Act. At a minimum, this
participation shall | ||||||
13 | require a birth center to establish a letter of agreement
| ||||||
14 | with a hospital designated under the Perinatal System. A | ||||||
15 | hospital that
operates or has a letter of agreement with a | ||||||
16 | birth center shall include the
birth center under its | ||||||
17 | maternity service plan under the Hospital Licensing Act
| ||||||
18 | and shall include the birth center in the hospital's | ||||||
19 | letter of agreement with
its regional perinatal center. | ||||||
20 | A birth center may not discriminate against any | ||||||
21 | patient requiring treatment
because of the source of | ||||||
22 | payment for services, including Medicare and Medicaid
| ||||||
23 | recipients. | ||||||
24 | No general anesthesia and no surgery may be performed | ||||||
25 | at a birth center.
The Department may by rule add birth | ||||||
26 | center patient eligibility criteria or standards as it |
| |||||||
| |||||||
1 | deems necessary.
The Department shall by rule require each | ||||||
2 | birth center to report the information which the | ||||||
3 | Department shall make publicly available, which shall | ||||||
4 | include, but is not limited to, the following: | ||||||
5 | (i) Birth center ownership. | ||||||
6 | (ii) Sources of payment for services. | ||||||
7 | (iii) Utilization data involving patient length of | ||||||
8 | stay. | ||||||
9 | (iv) Admissions and discharges. | ||||||
10 | (v) Complications. | ||||||
11 | (vi) Transfers. | ||||||
12 | (vii) Unusual incidents. | ||||||
13 | (viii) Deaths. | ||||||
14 | (ix) Any other publicly reported data required | ||||||
15 | under the Illinois Consumer Guide. | ||||||
16 | (x) Post-discharge patient status data where | ||||||
17 | patients are followed for 14 days after discharge from | ||||||
18 | the birth center to determine whether the mother or | ||||||
19 | baby developed a complication or infection. | ||||||
20 | Within 9 months after the effective date of this | ||||||
21 | amendatory Act of the 95th
General Assembly, the | ||||||
22 | Department shall adopt rules that are developed with | ||||||
23 | consideration of: the American Association of Birth | ||||||
24 | Centers' Standards for Freestanding Birth Centers; the | ||||||
25 | American Academy of Pediatrics/American College of | ||||||
26 | Obstetricians and Gynecologists Guidelines for Perinatal |
| |||||||
| |||||||
1 | Care; and the Regionalized Perinatal Health Care Code. | ||||||
2 | The Department shall adopt other rules as necessary to | ||||||
3 | implement the provisions of this
amendatory Act of the | ||||||
4 | 95th General Assembly within 9 months after the
effective | ||||||
5 | date of this amendatory Act of the 95th General Assembly. | ||||||
6 | (Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A. | ||||||
7 | 100-558 for the effective date of changes made by P.A. | ||||||
8 | 100-518).)
| ||||||
9 | Section 155. The MC/DD Act is amended by changing Section | ||||||
10 | 1-114.001 as follows: | ||||||
11 | (210 ILCS 46/1-114.001)
| ||||||
12 | Sec. 1-114.001. Habilitation. "Habilitation" means an | ||||||
13 | effort directed toward increasing a person's level of | ||||||
14 | physical, mental, social, or economic functioning. | ||||||
15 | Habilitation may include, but is not limited to, diagnosis, | ||||||
16 | evaluation, medical services, residential care, child day | ||||||
17 | care, special living arrangements, training, education, | ||||||
18 | employment services, protective services, and counseling.
| ||||||
19 | (Source: P.A. 99-180, eff. 7-29-15.) | ||||||
20 | Section 160. The ID/DD Community Care Act is amended by | ||||||
21 | changing Section 1-114.001 as follows: | ||||||
22 | (210 ILCS 47/1-114.001) |
| |||||||
| |||||||
1 | Sec. 1-114.001. Habilitation. "Habilitation" means an | ||||||
2 | effort directed toward increasing a person's level of | ||||||
3 | physical, mental, social, or economic functioning. | ||||||
4 | Habilitation may include, but is not limited to, diagnosis, | ||||||
5 | evaluation, medical services, residential care, child day | ||||||
6 | care, special living arrangements, training, education, | ||||||
7 | employment services, protective services, and counseling.
| ||||||
8 | (Source: P.A. 97-38, eff. 6-28-11.) | ||||||
9 | Section 165. The Hospital Licensing Act is amended by | ||||||
10 | changing Section 6.13 as follows:
| ||||||
11 | (210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)
| ||||||
12 | Sec. 6.13.
Any hospital licensed under this Act may | ||||||
13 | provide a program
or service for the temporary custodial care | ||||||
14 | of mildly ill children who,
because of their illness, are | ||||||
15 | unable to attend school or to participate in
their normal | ||||||
16 | child day care program. The Department shall develop minimum
| ||||||
17 | standards, rules and regulations to govern the operation of a | ||||||
18 | sick child
day program which is operated by a hospital and | ||||||
19 | located on the hospital's
licensed premises. Any such | ||||||
20 | standards, rules and regulations shall provide
that:
| ||||||
21 | (a) a sick child day program may be located anywhere on the | ||||||
22 | hospital's
licensed premises, including patient care units, | ||||||
23 | when the following
conditions are met:
| ||||||
24 | (1) Children in the sick child day program shall not |
| |||||||
| |||||||
1 | simultaneously
occupy the same room as a hospital patient; | ||||||
2 | and
| ||||||
3 | (2) Children in the sick child day program who are | ||||||
4 | recovering from
non-contagious conditions shall be cared | ||||||
5 | for in a room separate from
children registered in the | ||||||
6 | program who have contagious conditions.
| ||||||
7 | (b) children registered in a sick child day program are | ||||||
8 | not considered
to be hospital patients, and are not required | ||||||
9 | to be under the professional
care of a member of the hospital's | ||||||
10 | medical staff except in those cases
where emergency medical | ||||||
11 | treatment is needed during the time the child is on
the program | ||||||
12 | premises; and
| ||||||
13 | (c) medication may be administered to a child in a sick | ||||||
14 | child program
when the following conditions are met:
| ||||||
15 | (1) Prescription medications shall be labeled with the | ||||||
16 | child's name,
directions for administering the medication, | ||||||
17 | the date, the physician's
name, the prescription number, | ||||||
18 | and the dispensing drug store or pharmacy.
Only current | ||||||
19 | prescription medications will be administered by the | ||||||
20 | program.
Nothing in this paragraph (1) shall be construed | ||||||
21 | to prohibit program staff
from administering medication | ||||||
22 | prescribed by any licensed
professional who is permitted | ||||||
23 | by law to do so, whether or not the
professional is a | ||||||
24 | member of the hospital's medical staff.
| ||||||
25 | (2) Written parental permission shall be obtained | ||||||
26 | before
non-prescription medication is administered. Such |
| |||||||
| |||||||
1 | medication shall be
administered in accordance with | ||||||
2 | package instructions.
| ||||||
3 | (Source: P.A. 86-1461; 87-435.)
| ||||||
4 | Section 170. The Illinois Insurance Code is amended by | ||||||
5 | changing Sections 155.31, 1204, and 1630 as follows:
| ||||||
6 | (215 ILCS 5/155.31)
| ||||||
7 | Sec. 155.31. Child Day care and group child day care | ||||||
8 | homes; coverage.
| ||||||
9 | (a) No insurer providing insurance coverage, as defined in | ||||||
10 | subsection (b)
of
Section 143.13 of this Code, shall nonrenew | ||||||
11 | or cancel an insurance policy on a child
day care home or group | ||||||
12 | child day care home, as defined in the Child Care Act of 1969,
| ||||||
13 | solely on the basis that the insured operates a duly licensed | ||||||
14 | child day care home or
group child day care home on the insured | ||||||
15 | premises.
| ||||||
16 | (b) An insurer providing such insurance coverage to a | ||||||
17 | licensed child day care home
or licensed group child day care | ||||||
18 | home may provide such coverage with a separate
policy or | ||||||
19 | endorsement to a policy of fire and extended coverage | ||||||
20 | insurance, as
defined in subsection (b) of Section 143.13.
| ||||||
21 | (c) Notwithstanding subsections (a) and (b) of this | ||||||
22 | Section, the insurer
providing such coverage shall be allowed | ||||||
23 | to cancel or nonrenew an insurance
policy on a child day care | ||||||
24 | home or group child day care home based upon the authority
|
| |||||||
| |||||||
1 | provided under Sections 143.21 and 143.21.1 of this Code.
| ||||||
2 | (Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.)
| ||||||
3 | (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
| ||||||
4 | (Text of Section WITH the changes made by P.A. 94-677, | ||||||
5 | which has been held
unconstitutional) | ||||||
6 | Sec. 1204. (A) The Secretary shall promulgate rules and | ||||||
7 | regulations
which shall require each insurer licensed to write | ||||||
8 | property or casualty
insurance in the State and each syndicate | ||||||
9 | doing business on the Illinois
Insurance Exchange to record | ||||||
10 | and report its loss and expense experience
and other data as | ||||||
11 | may be necessary to assess the relationship of
insurance | ||||||
12 | premiums and related income as compared to insurance costs and
| ||||||
13 | expenses. The Secretary may designate one or more rate service
| ||||||
14 | organizations or advisory organizations to gather and compile | ||||||
15 | such
experience and data. The Secretary shall require each | ||||||
16 | insurer licensed to
write property or casualty insurance in | ||||||
17 | this State and each syndicate doing
business on the Illinois | ||||||
18 | Insurance Exchange to submit a report, on
a form furnished by | ||||||
19 | the Secretary, showing its direct writings in this
State and | ||||||
20 | companywide.
| ||||||
21 | (B) Such report required by subsection (A) of this Section | ||||||
22 | may include,
but not be limited to, the following specific | ||||||
23 | types of insurance written by
such insurer:
| ||||||
24 | (1) Political subdivision liability insurance reported | ||||||
25 | separately in the
following categories:
|
| |||||||
| |||||||
1 | (a) municipalities;
| ||||||
2 | (b) school districts;
| ||||||
3 | (c) other political subdivisions;
| ||||||
4 | (2) Public official liability insurance;
| ||||||
5 | (3) Dram shop liability insurance;
| ||||||
6 | (4) Child Day care center liability insurance;
| ||||||
7 | (5) Labor, fraternal or religious organizations | ||||||
8 | liability insurance;
| ||||||
9 | (6) Errors and omissions liability insurance;
| ||||||
10 | (7) Officers and directors liability insurance | ||||||
11 | reported separately as
follows:
| ||||||
12 | (a) non-profit entities;
| ||||||
13 | (b) for-profit entities;
| ||||||
14 | (8) Products liability insurance;
| ||||||
15 | (9) Medical malpractice insurance;
| ||||||
16 | (10) Attorney malpractice insurance;
| ||||||
17 | (11) Architects and engineers malpractice insurance; | ||||||
18 | and
| ||||||
19 | (12) Motor vehicle insurance reported separately for | ||||||
20 | commercial and
private passenger vehicles as follows:
| ||||||
21 | (a) motor vehicle physical damage insurance;
| ||||||
22 | (b) motor vehicle liability insurance.
| ||||||
23 | (C) Such report may include, but need not be limited to the | ||||||
24 | following data,
both
specific to this State and companywide, | ||||||
25 | in the aggregate or by type of
insurance for the previous year | ||||||
26 | on a calendar year basis:
|
| |||||||
| |||||||
1 | (1) Direct premiums written;
| ||||||
2 | (2) Direct premiums earned;
| ||||||
3 | (3) Number of policies;
| ||||||
4 | (4) Net investment income, using appropriate estimates | ||||||
5 | where necessary;
| ||||||
6 | (5) Losses paid;
| ||||||
7 | (6) Losses incurred;
| ||||||
8 | (7) Loss reserves:
| ||||||
9 | (a) Losses unpaid on reported claims;
| ||||||
10 | (b) Losses unpaid on incurred but not reported | ||||||
11 | claims;
| ||||||
12 | (8) Number of claims:
| ||||||
13 | (a) Paid claims;
| ||||||
14 | (b) Arising claims;
| ||||||
15 | (9) Loss adjustment expenses:
| ||||||
16 | (a) Allocated loss adjustment expenses;
| ||||||
17 | (b) Unallocated loss adjustment expenses;
| ||||||
18 | (10) Net underwriting gain or loss;
| ||||||
19 | (11) Net operation gain or loss, including net | ||||||
20 | investment income;
| ||||||
21 | (12) Any other information requested by the Secretary.
| ||||||
22 | (C-3) Additional information by an advisory organization | ||||||
23 | as defined in Section 463 of this Code. | ||||||
24 | (1) An advisory organization as defined in Section 463 | ||||||
25 | of this Code shall report annually the following | ||||||
26 | information in such format as may be prescribed by the |
| |||||||
| |||||||
1 | Secretary: | ||||||
2 | (a) paid and incurred losses for each of the past | ||||||
3 | 10 years; | ||||||
4 | (b) medical payments and medical charges, if | ||||||
5 | collected, for each of the past 10 years; | ||||||
6 | (c) the following indemnity payment information:
| ||||||
7 | cumulative payments by accident year by calendar year | ||||||
8 | of
development. This array will show payments made and | ||||||
9 | frequency of claims in the following categories: | ||||||
10 | medical only, permanent partial disability (PPD), | ||||||
11 | permanent total
disability (PTD), temporary total | ||||||
12 | disability (TTD), and fatalities; | ||||||
13 | (d) injuries by frequency and severity; | ||||||
14 | (e) by class of employee. | ||||||
15 | (2) The report filed with the Secretary of Financial | ||||||
16 | and Professional Regulation under paragraph (1) of this
| ||||||
17 | subsection (C-3) shall be made available, on an aggregate | ||||||
18 | basis, to the General
Assembly and to the general public. | ||||||
19 | The identity of the petitioner, the respondent, the | ||||||
20 | attorneys, and the insurers shall not be disclosed.
| ||||||
21 | (3) Reports required under this
subsection (C-3)
shall | ||||||
22 | be filed with the Secretary no later than September 1 in | ||||||
23 | 2006 and no later than September 1 of each year | ||||||
24 | thereafter.
| ||||||
25 | (C-5) Additional information required from medical | ||||||
26 | malpractice insurers. |
| |||||||
| |||||||
1 | (1) In addition to the other requirements of this | ||||||
2 | Section, the following information shall be included in | ||||||
3 | the report required by subsection (A) of this Section in | ||||||
4 | such form and under such terms and conditions as may be | ||||||
5 | prescribed by the Secretary: | ||||||
6 | (a) paid and incurred losses by county for each of | ||||||
7 | the past 10 policy years; | ||||||
8 | (b) earned exposures by ISO code, policy type, and | ||||||
9 | policy year by county for each of the past 10 years; | ||||||
10 | and | ||||||
11 | (c) the following actuarial information: | ||||||
12 | (i) Base class and territory equivalent | ||||||
13 | exposures by report year by relative accident | ||||||
14 | year. | ||||||
15 | (ii) Cumulative loss array by accident year by | ||||||
16 | calendar year of development. This array will show | ||||||
17 | frequency of claims in the following categories: | ||||||
18 | open, closed with indemnity (CWI), closed with | ||||||
19 | expense (CWE), and closed no pay (CNP); paid | ||||||
20 | severity in the following categories: indemnity | ||||||
21 | and allocated loss adjustment expenses (ALAE) on | ||||||
22 | closed claims;
and indemnity and expense reserves | ||||||
23 | on pending claims. | ||||||
24 | (iii) Cumulative loss array by report year by | ||||||
25 | calendar year of development. This array will show | ||||||
26 | frequency of claims in the following categories: |
| |||||||
| |||||||
1 | open, closed with indemnity (CWI), closed with | ||||||
2 | expense (CWE), and closed no pay (CNP); paid | ||||||
3 | severity in the following categories: indemnity | ||||||
4 | and allocated loss adjustment expenses (ALAE) on | ||||||
5 | closed claims; and indemnity and expense reserves | ||||||
6 | on pending claims. | ||||||
7 | (iv) Maturity year and tail factors. | ||||||
8 | (v) Any expense, contingency ddr (death, | ||||||
9 | disability, and retirement), commission, tax, | ||||||
10 | and/or off-balance factors. | ||||||
11 | (2) The following information must also be annually | ||||||
12 | provided to the Department:
| ||||||
13 | (a) copies of the company's reserve and surplus | ||||||
14 | studies; and | ||||||
15 | (b) consulting actuarial report and data | ||||||
16 | supporting the company's rate
filing. | ||||||
17 | (3) All information collected by the Secretary under | ||||||
18 | paragraphs (1) and (2) shall be made available, on a | ||||||
19 | company-by-company basis, to the General Assembly and the | ||||||
20 | general public. This provision shall supersede any other | ||||||
21 | provision of State law that may otherwise protect such | ||||||
22 | information from public disclosure as confidential.
| ||||||
23 | (D) In addition to the information which may be requested | ||||||
24 | under
subsection (C), the Secretary may also request on a | ||||||
25 | companywide, aggregate
basis, Federal Income Tax recoverable, | ||||||
26 | net realized capital gain or loss,
net unrealized capital gain |
| |||||||
| |||||||
1 | or loss, and all other expenses not requested
in subsection | ||||||
2 | (C) above.
| ||||||
3 | (E) Violations - Suspensions - Revocations.
| ||||||
4 | (1) Any company or person
subject to this Article, who | ||||||
5 | willfully or repeatedly fails to observe or who
otherwise | ||||||
6 | violates any of the provisions of this Article or any rule | ||||||
7 | or
regulation promulgated by the Secretary under authority | ||||||
8 | of this Article or any
final order of the Secretary | ||||||
9 | entered under the authority of this Article shall
by civil | ||||||
10 | penalty forfeit to the State of Illinois a sum not to | ||||||
11 | exceed
$2,000. Each day during which a violation occurs | ||||||
12 | constitutes a
separate
offense.
| ||||||
13 | (2) No forfeiture liability under paragraph (1) of | ||||||
14 | this subsection may
attach unless a written notice of | ||||||
15 | apparent liability has been issued by the
Secretary and | ||||||
16 | received by the respondent, or the Secretary sends written
| ||||||
17 | notice of apparent liability by registered or certified | ||||||
18 | mail, return
receipt requested, to the last known address | ||||||
19 | of the respondent. Any
respondent so notified must be | ||||||
20 | granted an opportunity to request a hearing
within 10 days | ||||||
21 | from receipt of notice, or to show in writing, why he | ||||||
22 | should
not be held liable. A notice issued under this | ||||||
23 | Section must set forth the
date, facts and nature of the | ||||||
24 | act or omission with which the respondent is
charged and | ||||||
25 | must specifically identify the particular provision of | ||||||
26 | this
Article, rule, regulation or order of which a |
| |||||||
| |||||||
1 | violation is charged.
| ||||||
2 | (3) No forfeiture liability under paragraph (1) of | ||||||
3 | this subsection may
attach for any violation occurring | ||||||
4 | more than 2 years prior to the date of
issuance of the | ||||||
5 | notice of apparent liability and in no event may the total
| ||||||
6 | civil penalty forfeiture imposed for the acts or omissions | ||||||
7 | set forth in any
one notice of apparent liability exceed | ||||||
8 | $100,000.
| ||||||
9 | (4) All administrative hearings conducted pursuant to | ||||||
10 | this Article are
subject to 50 Ill. Adm. Code 2402 and all | ||||||
11 | administrative hearings are
subject to the Administrative | ||||||
12 | Review Law.
| ||||||
13 | (5) The civil penalty forfeitures provided for in this | ||||||
14 | Section are
payable to the General Revenue Fund of the | ||||||
15 | State of Illinois, and may be
recovered in a civil suit in | ||||||
16 | the name of the State of Illinois brought in
the Circuit | ||||||
17 | Court in Sangamon County or in the Circuit Court of the | ||||||
18 | county
where the respondent is domiciled or has its | ||||||
19 | principal operating office.
| ||||||
20 | (6) In any case where the Secretary issues a notice of | ||||||
21 | apparent liability
looking toward the imposition of a | ||||||
22 | civil penalty forfeiture under this
Section that fact may | ||||||
23 | not be used in any other proceeding before the
Secretary | ||||||
24 | to the prejudice of the respondent to whom the notice was | ||||||
25 | issued,
unless (a) the civil penalty forfeiture has been | ||||||
26 | paid, or (b) a court has
ordered payment of the civil |
| |||||||
| |||||||
1 | penalty forfeiture and that order has become
final.
| ||||||
2 | (7) When any person or company has a license or | ||||||
3 | certificate of authority
under this Code and knowingly | ||||||
4 | fails or refuses to comply with a lawful
order of the | ||||||
5 | Secretary requiring compliance with this Article, entered | ||||||
6 | after
notice and hearing, within the period of time | ||||||
7 | specified in the order, the
Secretary may, in addition to | ||||||
8 | any other penalty or authority
provided, revoke or refuse | ||||||
9 | to renew the license or certificate of authority
of such | ||||||
10 | person
or company, or may suspend the license or | ||||||
11 | certificate of authority
of such
person or company until | ||||||
12 | compliance with such order has been obtained.
| ||||||
13 | (8) When any person or company has a license or | ||||||
14 | certificate of authority
under this Code and knowingly | ||||||
15 | fails or refuses to comply with any
provisions of this | ||||||
16 | Article, the Secretary may, after notice and hearing, in
| ||||||
17 | addition to any other penalty provided, revoke or refuse | ||||||
18 | to renew the
license or certificate of authority of such | ||||||
19 | person or company, or may
suspend the license or | ||||||
20 | certificate of authority of such person or company,
until | ||||||
21 | compliance with such provision of this Article has been | ||||||
22 | obtained.
| ||||||
23 | (9) No suspension or revocation under this Section may | ||||||
24 | become effective
until 5 days from the date that the | ||||||
25 | notice of suspension or revocation has
been personally | ||||||
26 | delivered or delivered by registered or certified mail to
|
| |||||||
| |||||||
1 | the company or person. A suspension or revocation under | ||||||
2 | this Section is
stayed upon the filing, by the company or | ||||||
3 | person, of a petition for
judicial review under the | ||||||
4 | Administrative Review Law.
| ||||||
5 | (Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05 ; | ||||||
6 | 95-331, eff. 8-21-07.)
| ||||||
7 | (Text of Section WITHOUT the changes made by P.A. 94-677, | ||||||
8 | which has been held
unconstitutional) | ||||||
9 | Sec. 1204. (A) The Director shall promulgate rules and | ||||||
10 | regulations
which shall require each insurer licensed to write | ||||||
11 | property or casualty
insurance in the State and each syndicate | ||||||
12 | doing business on the Illinois
Insurance Exchange to record | ||||||
13 | and report its loss and expense experience
and other data as | ||||||
14 | may be necessary to assess the relationship of
insurance | ||||||
15 | premiums and related income as compared to insurance costs and
| ||||||
16 | expenses. The Director may designate one or more rate service
| ||||||
17 | organizations or advisory organizations to gather and compile | ||||||
18 | such
experience and data. The Director shall require each | ||||||
19 | insurer licensed to
write property or casualty insurance in | ||||||
20 | this State and each syndicate doing
business on the Illinois | ||||||
21 | Insurance Exchange to submit a report, on
a form furnished by | ||||||
22 | the Director, showing its direct writings in this
State and | ||||||
23 | companywide.
| ||||||
24 | (B) Such report required by subsection (A) of this Section | ||||||
25 | may include,
but not be limited to, the following specific |
| |||||||
| |||||||
1 | types of insurance written by
such insurer:
| ||||||
2 | (1) Political subdivision liability insurance reported | ||||||
3 | separately in the
following categories:
| ||||||
4 | (a) municipalities;
| ||||||
5 | (b) school districts;
| ||||||
6 | (c) other political subdivisions;
| ||||||
7 | (2) Public official liability insurance;
| ||||||
8 | (3) Dram shop liability insurance;
| ||||||
9 | (4) Child Day care center liability insurance;
| ||||||
10 | (5) Labor, fraternal or religious organizations | ||||||
11 | liability insurance;
| ||||||
12 | (6) Errors and omissions liability insurance;
| ||||||
13 | (7) Officers and directors liability insurance | ||||||
14 | reported separately as
follows:
| ||||||
15 | (a) non-profit entities;
| ||||||
16 | (b) for-profit entities;
| ||||||
17 | (8) Products liability insurance;
| ||||||
18 | (9) Medical malpractice insurance;
| ||||||
19 | (10) Attorney malpractice insurance;
| ||||||
20 | (11) Architects and engineers malpractice insurance; | ||||||
21 | and
| ||||||
22 | (12) Motor vehicle insurance reported separately for | ||||||
23 | commercial and
private passenger vehicles as follows:
| ||||||
24 | (a) motor vehicle physical damage insurance;
| ||||||
25 | (b) motor vehicle liability insurance.
| ||||||
26 | (C) Such report may include, but need not be limited to the |
| |||||||
| |||||||
1 | following data,
both
specific to this State and companywide, | ||||||
2 | in the aggregate or by type of
insurance for the previous year | ||||||
3 | on a calendar year basis:
| ||||||
4 | (1) Direct premiums written;
| ||||||
5 | (2) Direct premiums earned;
| ||||||
6 | (3) Number of policies;
| ||||||
7 | (4) Net investment income, using appropriate estimates | ||||||
8 | where necessary;
| ||||||
9 | (5) Losses paid;
| ||||||
10 | (6) Losses incurred;
| ||||||
11 | (7) Loss reserves:
| ||||||
12 | (a) Losses unpaid on reported claims;
| ||||||
13 | (b) Losses unpaid on incurred but not reported | ||||||
14 | claims;
| ||||||
15 | (8) Number of claims:
| ||||||
16 | (a) Paid claims;
| ||||||
17 | (b) Arising claims;
| ||||||
18 | (9) Loss adjustment expenses:
| ||||||
19 | (a) Allocated loss adjustment expenses;
| ||||||
20 | (b) Unallocated loss adjustment expenses;
| ||||||
21 | (10) Net underwriting gain or loss;
| ||||||
22 | (11) Net operation gain or loss, including net | ||||||
23 | investment income;
| ||||||
24 | (12) Any other information requested by the Director.
| ||||||
25 | (C-3) Additional information by an advisory organization | ||||||
26 | as defined in Section 463 of this Code. |
| |||||||
| |||||||
1 | (1) An advisory organization as defined in Section 463 | ||||||
2 | of this Code shall report annually the following | ||||||
3 | information in such format as may be prescribed by the | ||||||
4 | Secretary: | ||||||
5 | (a) paid and incurred losses for each of the past | ||||||
6 | 10 years; | ||||||
7 | (b) medical payments and medical charges, if | ||||||
8 | collected, for each of the past 10 years; | ||||||
9 | (c) the following indemnity payment information:
| ||||||
10 | cumulative payments by accident year by calendar year | ||||||
11 | of
development. This array will show payments made and | ||||||
12 | frequency of claims in the following categories: | ||||||
13 | medical only, permanent partial disability (PPD), | ||||||
14 | permanent total
disability (PTD), temporary total | ||||||
15 | disability (TTD), and fatalities; | ||||||
16 | (d) injuries by frequency and severity; | ||||||
17 | (e) by class of employee. | ||||||
18 | (2) The report filed with the Secretary of Financial | ||||||
19 | and Professional Regulation under paragraph (1) of this
| ||||||
20 | subsection (C-3) shall be made available, on an aggregate | ||||||
21 | basis, to the General
Assembly and to the general public. | ||||||
22 | The identity of the petitioner, the respondent, the | ||||||
23 | attorneys, and the insurers shall not be disclosed.
| ||||||
24 | (3) Reports required under this
subsection (C-3) shall | ||||||
25 | be filed with the Secretary no later than September 1 in | ||||||
26 | 2006 and no later than September 1 of each year |
| |||||||
| |||||||
1 | thereafter.
| ||||||
2 | (D) In addition to the information which may be requested | ||||||
3 | under
subsection (C), the Director may also request on a | ||||||
4 | companywide, aggregate
basis, Federal Income Tax recoverable, | ||||||
5 | net realized capital gain or loss,
net unrealized capital gain | ||||||
6 | or loss, and all other expenses not requested
in subsection | ||||||
7 | (C) above.
| ||||||
8 | (E) Violations - Suspensions - Revocations.
| ||||||
9 | (1) Any company or person
subject to this Article, who | ||||||
10 | willfully or repeatedly fails to observe or who
otherwise | ||||||
11 | violates any of the provisions of this Article or any rule | ||||||
12 | or
regulation promulgated by the Director under authority | ||||||
13 | of this Article or any
final order of the Director entered | ||||||
14 | under the authority of this Article shall
by civil penalty | ||||||
15 | forfeit to the State of Illinois a sum not to exceed
| ||||||
16 | $2,000. Each day during which a violation occurs | ||||||
17 | constitutes a
separate
offense.
| ||||||
18 | (2) No forfeiture liability under paragraph (1) of | ||||||
19 | this subsection may
attach unless a written notice of | ||||||
20 | apparent liability has been issued by the
Director and | ||||||
21 | received by the respondent, or the Director sends written
| ||||||
22 | notice of apparent liability by registered or certified | ||||||
23 | mail, return
receipt requested, to the last known address | ||||||
24 | of the respondent. Any
respondent so notified must be | ||||||
25 | granted an opportunity to request a hearing
within 10 days | ||||||
26 | from receipt of notice, or to show in writing, why he |
| |||||||
| |||||||
1 | should
not be held liable. A notice issued under this | ||||||
2 | Section must set forth the
date, facts and nature of the | ||||||
3 | act or omission with which the respondent is
charged and | ||||||
4 | must specifically identify the particular provision of | ||||||
5 | this
Article, rule, regulation or order of which a | ||||||
6 | violation is charged.
| ||||||
7 | (3) No forfeiture liability under paragraph (1) of | ||||||
8 | this subsection may
attach for any violation occurring | ||||||
9 | more than 2 years prior to the date of
issuance of the | ||||||
10 | notice of apparent liability and in no event may the total
| ||||||
11 | civil penalty forfeiture imposed for the acts or omissions | ||||||
12 | set forth in any
one notice of apparent liability exceed | ||||||
13 | $100,000.
| ||||||
14 | (4) All administrative hearings conducted pursuant to | ||||||
15 | this Article are
subject to 50 Ill. Adm. Code 2402 and all | ||||||
16 | administrative hearings are
subject to the Administrative | ||||||
17 | Review Law.
| ||||||
18 | (5) The civil penalty forfeitures provided for in this | ||||||
19 | Section are
payable to the General Revenue Fund of the | ||||||
20 | State of Illinois, and may be
recovered in a civil suit in | ||||||
21 | the name of the State of Illinois brought in
the Circuit | ||||||
22 | Court in Sangamon County or in the Circuit Court of the | ||||||
23 | county
where the respondent is domiciled or has its | ||||||
24 | principal operating office.
| ||||||
25 | (6) In any case where the Director issues a notice of | ||||||
26 | apparent liability
looking toward the imposition of a |
| |||||||
| |||||||
1 | civil penalty forfeiture under this
Section that fact may | ||||||
2 | not be used in any other proceeding before the
Director to | ||||||
3 | the prejudice of the respondent to whom the notice was | ||||||
4 | issued,
unless (a) the civil penalty forfeiture has been | ||||||
5 | paid, or (b) a court has
ordered payment of the civil | ||||||
6 | penalty forfeiture and that order has become
final.
| ||||||
7 | (7) When any person or company has a license or | ||||||
8 | certificate of authority
under this Code and knowingly | ||||||
9 | fails or refuses to comply with a lawful
order of the | ||||||
10 | Director requiring compliance with this Article, entered | ||||||
11 | after
notice and hearing, within the period of time | ||||||
12 | specified in the order, the
Director may, in addition to | ||||||
13 | any other penalty or authority
provided, revoke or refuse | ||||||
14 | to renew the license or certificate of authority
of such | ||||||
15 | person
or company, or may suspend the license or | ||||||
16 | certificate of authority
of such
person or company until | ||||||
17 | compliance with such order has been obtained.
| ||||||
18 | (8) When any person or company has a license or | ||||||
19 | certificate of authority
under this Code and knowingly | ||||||
20 | fails or refuses to comply with any
provisions of this | ||||||
21 | Article, the Director may, after notice and hearing, in
| ||||||
22 | addition to any other penalty provided, revoke or refuse | ||||||
23 | to renew the
license or certificate of authority of such | ||||||
24 | person or company, or may
suspend the license or | ||||||
25 | certificate of authority of such person or company,
until | ||||||
26 | compliance with such provision of this Article has been |
| |||||||
| |||||||
1 | obtained.
| ||||||
2 | (9) No suspension or revocation under this Section may | ||||||
3 | become effective
until 5 days from the date that the | ||||||
4 | notice of suspension or revocation has
been personally | ||||||
5 | delivered or delivered by registered or certified mail to
| ||||||
6 | the company or person. A suspension or revocation under | ||||||
7 | this Section is
stayed upon the filing, by the company or | ||||||
8 | person, of a petition for
judicial review under the | ||||||
9 | Administrative Review Law.
| ||||||
10 | (Source: P.A. 94-277, eff. 7-20-05; 95-331, eff. 8-21-07.) | ||||||
11 | (215 ILCS 5/1630) | ||||||
12 | Sec. 1630. Definitions. As used in this Article: | ||||||
13 | "Aggregator site" means a website that provides access to | ||||||
14 | information regarding insurance products from more than one | ||||||
15 | insurer, including product and insurer information, for use in | ||||||
16 | comparison shopping. | ||||||
17 | "Blanket travel insurance" means a policy of travel | ||||||
18 | insurance issued to any eligible group providing coverage for | ||||||
19 | specific classes of persons defined in the policy with | ||||||
20 | coverage provided to all members of the eligible group without | ||||||
21 | a separate charge to individual members of the eligible group. | ||||||
22 | "Cancellation fee waiver" means a contractual agreement | ||||||
23 | between a supplier of travel services and its customer to | ||||||
24 | waive some or all of the nonrefundable cancellation fee | ||||||
25 | provisions of the supplier's underlying travel contract with |
| |||||||
| |||||||
1 | or without regard to the reason for the cancellation or form of | ||||||
2 | reimbursement. A "cancellation fee waiver" is not insurance. | ||||||
3 | "Eligible group", solely for the purposes of travel | ||||||
4 | insurance, means 2 or more persons who are engaged in a common | ||||||
5 | enterprise, or have an economic, educational, or social | ||||||
6 | affinity or relationship, including, but not limited to, any | ||||||
7 | of the following: | ||||||
8 | (1) any entity engaged in the business of providing | ||||||
9 | travel or travel services, including, but not limited to: | ||||||
10 | tour operators, lodging providers, vacation property | ||||||
11 | owners, hotels and resorts, travel clubs, travel agencies, | ||||||
12 | property managers, cultural exchange programs, and common | ||||||
13 | carriers or the operator, owner, or lessor of a means of | ||||||
14 | transportation of passengers, including, but not limited | ||||||
15 | to, airlines, cruise lines, railroads, steamship | ||||||
16 | companies, and public bus carriers, wherein with regard to | ||||||
17 | any particular travel or type of travel or travelers, all | ||||||
18 | members or customers of the group must have a common | ||||||
19 | exposure to risk attendant to such travel; | ||||||
20 | (2) any college, school, or other institution of | ||||||
21 | learning covering students, teachers, employees, or | ||||||
22 | volunteers; | ||||||
23 | (3) any employer covering any group of employees, | ||||||
24 | volunteers, contractors, board of directors, dependents, | ||||||
25 | or guests; | ||||||
26 | (4) any sports team, camp, or sponsor of any sports |
| |||||||
| |||||||
1 | team or camp covering participants, members, campers, | ||||||
2 | employees, officials, supervisors, or volunteers; | ||||||
3 | (5) any religious, charitable, recreational, | ||||||
4 | educational, or civic organization, or branch of an | ||||||
5 | organization covering any group of members, participants, | ||||||
6 | or volunteers; | ||||||
7 | (6) any financial institution or financial institution | ||||||
8 | vendor, or parent holding company, trustee, or agent of or | ||||||
9 | designated by one or more financial institutions or | ||||||
10 | financial institution vendors, including account holders, | ||||||
11 | credit card holders, debtors, guarantors, or purchasers; | ||||||
12 | (7) any incorporated or unincorporated association, | ||||||
13 | including labor unions, having a common interest, | ||||||
14 | constitution and bylaws, and organized and maintained in | ||||||
15 | good faith for purposes other than obtaining insurance for | ||||||
16 | members or participants of such association covering its | ||||||
17 | members; | ||||||
18 | (8) any trust or the trustees of a fund established, | ||||||
19 | created, or maintained for the benefit of and covering | ||||||
20 | members, employees or customers, subject to the Director's | ||||||
21 | permitting the use of a trust and the State's premium tax | ||||||
22 | provisions, of one or more associations meeting the | ||||||
23 | requirements of paragraph (7) of this definition; | ||||||
24 | (9) any entertainment production company covering any | ||||||
25 | group of participants, volunteers, audience members, | ||||||
26 | contestants, or workers; |
| |||||||
| |||||||
1 | (10) any volunteer fire department, ambulance, rescue, | ||||||
2 | police, court, or any first aid, civil defense, or other | ||||||
3 | such volunteer group; | ||||||
4 | (11) preschools, child day care institutions for | ||||||
5 | children or adults, and senior citizen clubs; | ||||||
6 | (12) any automobile or truck rental or leasing company | ||||||
7 | covering a group of individuals who may become renters, | ||||||
8 | lessees, or passengers defined by their travel status on | ||||||
9 | the rented or leased vehicles. The common carrier, the | ||||||
10 | operator, owner or lessor of a means of transportation, or | ||||||
11 | the automobile or truck rental or leasing company, is the | ||||||
12 | policyholder under a policy to which this Section applies; | ||||||
13 | or | ||||||
14 | (13) any other group where the Director has determined | ||||||
15 | that the members are engaged in a common enterprise, or | ||||||
16 | have an economic, educational, or social affinity or | ||||||
17 | relationship, and that issuance of the policy would not be | ||||||
18 | contrary to the public interest. | ||||||
19 | "Fulfillment materials" means documentation sent to the | ||||||
20 | purchaser of a travel protection plan confirming the purchase | ||||||
21 | and providing the travel protection plan's coverage and | ||||||
22 | assistance details. | ||||||
23 | "Group travel insurance" means travel insurance issued to | ||||||
24 | any eligible group. | ||||||
25 | "Limited lines travel insurance producer" means one of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) a licensed managing general agent or third-party | ||||||
2 | administrator; | ||||||
3 | (2) a licensed insurance producer, including a limited | ||||||
4 | lines producer; or | ||||||
5 | (3) a travel administrator. | ||||||
6 | "Offering and disseminating" means the following: | ||||||
7 | (1) Providing information to a prospective or current | ||||||
8 | policyholder on behalf of a limited lines travel insurance | ||||||
9 | entity, including brochures, buyer guides, descriptions of | ||||||
10 | coverage, and price. | ||||||
11 | (2) Referring specific questions regarding coverage | ||||||
12 | features and benefits from a prospective or current | ||||||
13 | policyholder to a limited lines travel insurance entity. | ||||||
14 | (3) Disseminating and processing applications for | ||||||
15 | coverage, coverage selection forms, or other similar forms | ||||||
16 | in response to a request from a prospective or current | ||||||
17 | policyholder. | ||||||
18 | (4) Collecting premiums from a prospective or current | ||||||
19 | policyholder on behalf of a limited lines travel insurance | ||||||
20 | entity. | ||||||
21 | (5) Receiving and recording information from a | ||||||
22 | policyholder to share with a limited lines travel | ||||||
23 | insurance entity. | ||||||
24 | "Primary policyholder" means an individual person who | ||||||
25 | elects and purchases individual travel insurance. | ||||||
26 | "Travel administrator" means a person who directly or |
| |||||||
| |||||||
1 | indirectly underwrites, collects charges, collateral, or | ||||||
2 | premiums from, or adjusts or settles claims on residents of | ||||||
3 | this State in connection with travel insurance, except that a | ||||||
4 | person shall not be considered a travel administrator if that | ||||||
5 | person's only actions that would otherwise cause the person to | ||||||
6 | be considered a travel administrator are among the following: | ||||||
7 | (1) a person working for a travel administrator to the | ||||||
8 | extent that the person's activities are subject to the | ||||||
9 | supervision and control of the travel administrator; | ||||||
10 | (2) an insurance producer selling insurance or engaged | ||||||
11 | in administrative and claims-related activities within the | ||||||
12 | scope of the producer's license; | ||||||
13 | (3) a travel retailer offering and disseminating | ||||||
14 | travel insurance and registered under the license of a | ||||||
15 | limited lines travel insurance producer in accordance with | ||||||
16 | Section 1635; | ||||||
17 | (4) an individual adjusting or settling claims in the | ||||||
18 | normal course of that individual's practice or employment | ||||||
19 | as an attorney-at-law and who does not collect charges or | ||||||
20 | premiums in connection with insurance coverage; or | ||||||
21 | (5) a business entity that is affiliated with a | ||||||
22 | licensed insurer while acting as a travel administrator | ||||||
23 | for the direct and assumed insurance business of an | ||||||
24 | affiliated insurer. | ||||||
25 | "Travel assistance services" means noninsurance services | ||||||
26 | for which the consumer is not indemnified based on a |
| |||||||
| |||||||
1 | fortuitous event, and where providing the service does not | ||||||
2 | result in transfer or shifting of risk that would constitute | ||||||
3 | the business of insurance. "Travel assistance services" | ||||||
4 | include, but are not limited to: security advisories; | ||||||
5 | destination information; vaccination and immunization | ||||||
6 | information services; travel reservation services; | ||||||
7 | entertainment; activity and event planning; translation | ||||||
8 | assistance; emergency messaging; international legal and | ||||||
9 | medical referrals; medical case monitoring; coordination of | ||||||
10 | transportation arrangements; emergency cash transfer | ||||||
11 | assistance; medical prescription replacement assistance; | ||||||
12 | passport and travel document replacement assistance; lost | ||||||
13 | luggage assistance; concierge services; and any other service | ||||||
14 | that is furnished in connection with planned travel. "Travel | ||||||
15 | assistance services" are not insurance and are not related to | ||||||
16 | insurance. | ||||||
17 | "Travel insurance" means insurance coverage for personal | ||||||
18 | risks incident to planned travel, including, but not limited | ||||||
19 | to: | ||||||
20 | (1) the interruption or cancellation of a trip or | ||||||
21 | event; | ||||||
22 | (2) the loss of baggage or personal effects; | ||||||
23 | (3) damages to accommodations or rental vehicles; | ||||||
24 | (4) sickness, accident, disability, or death occurring | ||||||
25 | during travel; | ||||||
26 | (5) emergency evacuation; |
| |||||||
| |||||||
1 | (6) repatriation of remains; or | ||||||
2 | (7) any other contractual obligations to indemnify or | ||||||
3 | pay a specified amount to the traveler upon determinable | ||||||
4 | contingencies related to travel as approved by the | ||||||
5 | Director. | ||||||
6 | "Travel insurance" does not include major medical plans | ||||||
7 | that provide comprehensive medical protection for travelers | ||||||
8 | with trips lasting 6 months or longer, including those working | ||||||
9 | overseas as expatriates or as military personnel on | ||||||
10 | deployment. | ||||||
11 | "Travel insurance business entity" means a licensed | ||||||
12 | insurance producer designated by an insurer as set forth in | ||||||
13 | subsection (h) of Section 1635. | ||||||
14 | "Travel protection plans" means plans that provide one or | ||||||
15 | more of the following: travel insurance, travel assistance | ||||||
16 | services, and cancellation fee waivers. | ||||||
17 | "Travel retailer" means a business organization that | ||||||
18 | makes, arranges, or offers travel services and, with respect | ||||||
19 | to travel insurance, is limited to offering and disseminating | ||||||
20 | as defined in this Section, unless otherwise licensed under | ||||||
21 | subsection (b) of Section 1635.
| ||||||
22 | (Source: P.A. 102-212, eff. 10-28-21 .) | ||||||
23 | Section 175. The Public Utilities Act is amended by | ||||||
24 | changing Section 8-103B as follows: |
| |||||||
| |||||||
1 | (220 ILCS 5/8-103B) | ||||||
2 | Sec. 8-103B. Energy efficiency and demand-response | ||||||
3 | measures. | ||||||
4 | (a) It is the policy of the State that electric utilities | ||||||
5 | are required to use cost-effective energy efficiency and | ||||||
6 | demand-response measures to reduce delivery load. Requiring | ||||||
7 | investment in cost-effective energy efficiency and | ||||||
8 | demand-response measures will reduce direct and indirect costs | ||||||
9 | to consumers by decreasing environmental impacts and by | ||||||
10 | avoiding or delaying the need for new generation, | ||||||
11 | transmission, and distribution infrastructure. It serves the | ||||||
12 | public interest to allow electric utilities to recover costs | ||||||
13 | for reasonably and prudently incurred expenditures for energy | ||||||
14 | efficiency and demand-response measures. As used in this | ||||||
15 | Section, "cost-effective" means that the measures satisfy the | ||||||
16 | total resource cost test. The low-income measures described in | ||||||
17 | subsection (c) of this Section shall not be required to meet | ||||||
18 | the total resource cost test. For purposes of this Section, | ||||||
19 | the terms "energy-efficiency", "demand-response", "electric | ||||||
20 | utility", and "total resource cost test" have the meanings set | ||||||
21 | forth in the Illinois Power Agency Act. "Black, indigenous, | ||||||
22 | and people of color" and "BIPOC" means people who are members | ||||||
23 | of the groups described in subparagraphs (a) through (e) of | ||||||
24 | paragraph (A) of subsection (1) of Section 2 of the Business | ||||||
25 | Enterprise for Minorities, Women, and Persons with | ||||||
26 | Disabilities Act. |
| |||||||
| |||||||
1 | (a-5) This Section applies to electric utilities serving | ||||||
2 | more than 500,000 retail customers in the State for those | ||||||
3 | multi-year plans commencing after December 31, 2017. | ||||||
4 | (b) For purposes of this Section, electric utilities | ||||||
5 | subject to this Section that serve more than 3,000,000 retail | ||||||
6 | customers in the State shall be deemed to have achieved a | ||||||
7 | cumulative persisting annual savings of 6.6% from energy | ||||||
8 | efficiency measures and programs implemented during the period | ||||||
9 | beginning January 1, 2012 and ending December 31, 2017, which | ||||||
10 | percent is based on the deemed average weather normalized | ||||||
11 | sales of electric power and energy during calendar years 2014, | ||||||
12 | 2015, and 2016 of 88,000,000 MWhs. For the purposes of this | ||||||
13 | subsection (b) and subsection (b-5), the 88,000,000 MWhs of | ||||||
14 | deemed electric power and energy sales shall be reduced by the | ||||||
15 | number of MWhs equal to the sum of the annual consumption of | ||||||
16 | customers that have opted out of subsections (a) through (j) | ||||||
17 | of this Section under paragraph (1) of subsection (l) of this | ||||||
18 | Section, as averaged across the calendar years 2014, 2015, and | ||||||
19 | 2016. After 2017, the deemed value of cumulative persisting | ||||||
20 | annual savings from energy efficiency measures and programs | ||||||
21 | implemented during the period beginning January 1, 2012 and | ||||||
22 | ending December 31, 2017, shall be reduced each year, as | ||||||
23 | follows, and the applicable value shall be applied to and | ||||||
24 | count toward the utility's achievement of the cumulative | ||||||
25 | persisting annual savings goals set forth in subsection (b-5): | ||||||
26 | (1) 5.8% deemed cumulative persisting annual savings |
| |||||||
| |||||||
1 | for the year ending December 31, 2018; | ||||||
2 | (2) 5.2% deemed cumulative persisting annual savings | ||||||
3 | for the year ending December 31, 2019; | ||||||
4 | (3) 4.5% deemed cumulative persisting annual savings | ||||||
5 | for the year ending December 31, 2020; | ||||||
6 | (4) 4.0% deemed cumulative persisting annual savings | ||||||
7 | for the year ending December 31, 2021; | ||||||
8 | (5) 3.5% deemed cumulative persisting annual savings | ||||||
9 | for the year ending December 31, 2022; | ||||||
10 | (6) 3.1% deemed cumulative persisting annual savings | ||||||
11 | for the year ending December 31, 2023; | ||||||
12 | (7) 2.8% deemed cumulative persisting annual savings | ||||||
13 | for the year ending December 31, 2024; | ||||||
14 | (8) 2.5% deemed cumulative persisting annual savings | ||||||
15 | for the year ending December 31, 2025; | ||||||
16 | (9) 2.3% deemed cumulative persisting annual savings | ||||||
17 | for the year ending December 31, 2026; | ||||||
18 | (10) 2.1% deemed cumulative persisting annual savings | ||||||
19 | for the year ending December 31, 2027; | ||||||
20 | (11) 1.8% deemed cumulative persisting annual savings | ||||||
21 | for the year ending December 31, 2028; | ||||||
22 | (12) 1.7% deemed cumulative persisting annual savings | ||||||
23 | for the year ending December 31, 2029; | ||||||
24 | (13) 1.5% deemed cumulative persisting annual savings | ||||||
25 | for the year ending December 31, 2030; | ||||||
26 | (14) 1.3% deemed cumulative persisting annual savings |
| |||||||
| |||||||
1 | for the year ending December 31, 2031; | ||||||
2 | (15) 1.1% deemed cumulative persisting annual savings | ||||||
3 | for the year ending December 31, 2032; | ||||||
4 | (16) 0.9% deemed cumulative persisting annual savings | ||||||
5 | for the year ending December 31, 2033; | ||||||
6 | (17) 0.7% deemed cumulative persisting annual savings | ||||||
7 | for the year ending December 31, 2034; | ||||||
8 | (18) 0.5% deemed cumulative persisting annual savings | ||||||
9 | for the year ending December 31, 2035; | ||||||
10 | (19) 0.4% deemed cumulative persisting annual savings | ||||||
11 | for the year ending December 31, 2036; | ||||||
12 | (20) 0.3% deemed cumulative persisting annual savings | ||||||
13 | for the year ending December 31, 2037; | ||||||
14 | (21) 0.2% deemed cumulative persisting annual savings | ||||||
15 | for the year ending December 31, 2038; | ||||||
16 | (22) 0.1% deemed cumulative persisting annual savings | ||||||
17 | for the year ending December 31, 2039; and | ||||||
18 | (23) 0.0% deemed cumulative persisting annual savings | ||||||
19 | for the year ending December 31, 2040 and all subsequent | ||||||
20 | years. | ||||||
21 | For purposes of this Section, "cumulative persisting | ||||||
22 | annual savings" means the total electric energy savings in a | ||||||
23 | given year from measures installed in that year or in previous | ||||||
24 | years, but no earlier than January 1, 2012, that are still | ||||||
25 | operational and providing savings in that year because the | ||||||
26 | measures have not yet reached the end of their useful lives. |
| |||||||
| |||||||
1 | (b-5) Beginning in 2018, electric utilities subject to | ||||||
2 | this Section that serve more than 3,000,000 retail customers | ||||||
3 | in the State shall achieve the following cumulative persisting | ||||||
4 | annual savings goals, as modified by subsection (f) of this | ||||||
5 | Section and as compared to the deemed baseline of 88,000,000 | ||||||
6 | MWhs of electric power and energy sales set forth in | ||||||
7 | subsection (b), as reduced by the number of MWhs equal to the | ||||||
8 | sum of the annual consumption of customers that have opted out | ||||||
9 | of subsections (a) through (j) of this Section under paragraph | ||||||
10 | (1) of subsection (l) of this Section as averaged across the | ||||||
11 | calendar years 2014, 2015, and 2016, through the | ||||||
12 | implementation of energy efficiency measures during the | ||||||
13 | applicable year and in prior years, but no earlier than | ||||||
14 | January 1, 2012: | ||||||
15 | (1) 7.8% cumulative persisting annual savings for the | ||||||
16 | year ending December 31, 2018; | ||||||
17 | (2) 9.1% cumulative persisting annual savings for the | ||||||
18 | year ending December 31, 2019; | ||||||
19 | (3) 10.4% cumulative persisting annual savings for the | ||||||
20 | year ending December 31, 2020; | ||||||
21 | (4) 11.8% cumulative persisting annual savings for the | ||||||
22 | year ending December 31, 2021; | ||||||
23 | (5) 13.1% cumulative persisting annual savings for the | ||||||
24 | year ending December 31, 2022; | ||||||
25 | (6) 14.4% cumulative persisting annual savings for the | ||||||
26 | year ending December 31, 2023; |
| |||||||
| |||||||
1 | (7) 15.7% cumulative persisting annual savings for the | ||||||
2 | year ending December 31, 2024; | ||||||
3 | (8) 17% cumulative persisting annual savings for the | ||||||
4 | year ending December 31, 2025; | ||||||
5 | (9) 17.9% cumulative persisting annual savings for the | ||||||
6 | year ending December 31, 2026; | ||||||
7 | (10) 18.8% cumulative persisting annual savings for | ||||||
8 | the year ending December 31, 2027; | ||||||
9 | (11) 19.7% cumulative persisting annual savings for | ||||||
10 | the year ending December 31, 2028; | ||||||
11 | (12) 20.6% cumulative persisting annual savings for | ||||||
12 | the year ending December 31, 2029; and | ||||||
13 | (13) 21.5% cumulative persisting annual savings for | ||||||
14 | the year ending December 31, 2030. | ||||||
15 | No later than December 31, 2021, the Illinois Commerce | ||||||
16 | Commission shall establish additional cumulative persisting | ||||||
17 | annual savings goals for the years 2031 through 2035. No later | ||||||
18 | than December 31, 2024, the Illinois Commerce Commission shall | ||||||
19 | establish additional cumulative persisting annual savings | ||||||
20 | goals for the years 2036 through 2040. The Commission shall | ||||||
21 | also establish additional cumulative persisting annual savings | ||||||
22 | goals every 5 years thereafter to ensure that utilities always | ||||||
23 | have goals that extend at least 11 years into the future. The | ||||||
24 | cumulative persisting annual savings goals beyond the year | ||||||
25 | 2030 shall increase by 0.9 percentage points per year, absent | ||||||
26 | a Commission decision to initiate a proceeding to consider |
| |||||||
| |||||||
1 | establishing goals that increase by more or less than that | ||||||
2 | amount. Such a proceeding must be conducted in accordance with | ||||||
3 | the procedures described in subsection (f) of this Section. If | ||||||
4 | such a proceeding is initiated, the cumulative persisting | ||||||
5 | annual savings goals established by the Commission through | ||||||
6 | that proceeding shall reflect the Commission's best estimate | ||||||
7 | of the maximum amount of additional savings that are forecast | ||||||
8 | to be cost-effectively achievable unless such best estimates | ||||||
9 | would result in goals that represent less than 0.5 percentage | ||||||
10 | point annual increases in total cumulative persisting annual | ||||||
11 | savings. The Commission may only establish goals that | ||||||
12 | represent less than 0.5 percentage point annual increases in | ||||||
13 | cumulative persisting annual savings if it can demonstrate, | ||||||
14 | based on clear and convincing evidence and through independent | ||||||
15 | analysis, that 0.5 percentage point increases are not | ||||||
16 | cost-effectively achievable. The Commission shall inform its | ||||||
17 | decision based on an energy efficiency potential study that | ||||||
18 | conforms to the requirements of this Section. | ||||||
19 | (b-10) For purposes of this Section, electric utilities | ||||||
20 | subject to this Section that serve less than 3,000,000 retail | ||||||
21 | customers but more than 500,000 retail customers in the State | ||||||
22 | shall be deemed to have achieved a cumulative persisting | ||||||
23 | annual savings of 6.6% from energy efficiency measures and | ||||||
24 | programs implemented during the period beginning January 1, | ||||||
25 | 2012 and ending December 31, 2017, which is based on the deemed | ||||||
26 | average weather normalized sales of electric power and energy |
| |||||||
| |||||||
1 | during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. | ||||||
2 | For the purposes of this subsection (b-10) and subsection | ||||||
3 | (b-15), the 36,900,000 MWhs of deemed electric power and | ||||||
4 | energy sales shall be reduced by the number of MWhs equal to | ||||||
5 | the sum of the annual consumption of customers that have opted | ||||||
6 | out of subsections (a) through (j) of this Section under | ||||||
7 | paragraph (1) of subsection (l) of this Section, as averaged | ||||||
8 | across the calendar years 2014, 2015, and 2016. After 2017, | ||||||
9 | the deemed value of cumulative persisting annual savings from | ||||||
10 | energy efficiency measures and programs implemented during the | ||||||
11 | period beginning January 1, 2012 and ending December 31, 2017, | ||||||
12 | shall be reduced each year, as follows, and the applicable | ||||||
13 | value shall be applied to and count toward the utility's | ||||||
14 | achievement of the cumulative persisting annual savings goals | ||||||
15 | set forth in subsection (b-15): | ||||||
16 | (1) 5.8% deemed cumulative persisting annual savings | ||||||
17 | for the year ending December 31, 2018; | ||||||
18 | (2) 5.2% deemed cumulative persisting annual savings | ||||||
19 | for the year ending December 31, 2019; | ||||||
20 | (3) 4.5% deemed cumulative persisting annual savings | ||||||
21 | for the year ending December 31, 2020; | ||||||
22 | (4) 4.0% deemed cumulative persisting annual savings | ||||||
23 | for the year ending December 31, 2021; | ||||||
24 | (5) 3.5% deemed cumulative persisting annual savings | ||||||
25 | for the year ending December 31, 2022; | ||||||
26 | (6) 3.1% deemed cumulative persisting annual savings |
| |||||||
| |||||||
1 | for the year ending December 31, 2023; | ||||||
2 | (7) 2.8% deemed cumulative persisting annual savings | ||||||
3 | for the year ending December 31, 2024; | ||||||
4 | (8) 2.5% deemed cumulative persisting annual savings | ||||||
5 | for the year ending December 31, 2025; | ||||||
6 | (9) 2.3% deemed cumulative persisting annual savings | ||||||
7 | for the year ending December 31, 2026; | ||||||
8 | (10) 2.1% deemed cumulative persisting annual savings | ||||||
9 | for the year ending December 31, 2027; | ||||||
10 | (11) 1.8% deemed cumulative persisting annual savings | ||||||
11 | for the year ending December 31, 2028; | ||||||
12 | (12) 1.7% deemed cumulative persisting annual savings | ||||||
13 | for the year ending December 31, 2029; | ||||||
14 | (13) 1.5% deemed cumulative persisting annual savings | ||||||
15 | for the year ending December 31, 2030; | ||||||
16 | (14) 1.3% deemed cumulative persisting annual savings | ||||||
17 | for the year ending December 31, 2031; | ||||||
18 | (15) 1.1% deemed cumulative persisting annual savings | ||||||
19 | for the year ending December 31, 2032; | ||||||
20 | (16) 0.9% deemed cumulative persisting annual savings | ||||||
21 | for the year ending December 31, 2033; | ||||||
22 | (17) 0.7% deemed cumulative persisting annual savings | ||||||
23 | for the year ending December 31, 2034; | ||||||
24 | (18) 0.5% deemed cumulative persisting annual savings | ||||||
25 | for the year ending December 31, 2035; | ||||||
26 | (19) 0.4% deemed cumulative persisting annual savings |
| |||||||
| |||||||
1 | for the year ending December 31, 2036; | ||||||
2 | (20) 0.3% deemed cumulative persisting annual savings | ||||||
3 | for the year ending December 31, 2037; | ||||||
4 | (21) 0.2% deemed cumulative persisting annual savings | ||||||
5 | for the year ending December 31, 2038; | ||||||
6 | (22) 0.1% deemed cumulative persisting annual savings | ||||||
7 | for the year ending December 31, 2039; and | ||||||
8 | (23) 0.0% deemed cumulative persisting annual savings | ||||||
9 | for the year ending December 31, 2040 and all subsequent | ||||||
10 | years. | ||||||
11 | (b-15) Beginning in 2018, electric utilities subject to | ||||||
12 | this Section that serve less than 3,000,000 retail customers | ||||||
13 | but more than 500,000 retail customers in the State shall | ||||||
14 | achieve the following cumulative persisting annual savings | ||||||
15 | goals, as modified by subsection (b-20) and subsection (f) of | ||||||
16 | this Section and as compared to the deemed baseline as reduced | ||||||
17 | by the number of MWhs equal to the sum of the annual | ||||||
18 | consumption of customers that have opted out of subsections | ||||||
19 | (a) through (j) of this Section under paragraph (1) of | ||||||
20 | subsection (l) of this Section as averaged across the calendar | ||||||
21 | years 2014, 2015, and 2016, through the implementation of | ||||||
22 | energy efficiency measures during the applicable year and in | ||||||
23 | prior years, but no earlier than January 1, 2012: | ||||||
24 | (1) 7.4% cumulative persisting annual savings for the | ||||||
25 | year ending December 31, 2018; | ||||||
26 | (2) 8.2% cumulative persisting annual savings for the |
| |||||||
| |||||||
1 | year ending December 31, 2019; | ||||||
2 | (3) 9.0% cumulative persisting annual savings for the | ||||||
3 | year ending December 31, 2020; | ||||||
4 | (4) 9.8% cumulative persisting annual savings for the | ||||||
5 | year ending December 31, 2021; | ||||||
6 | (5) 10.6% cumulative persisting annual savings for the | ||||||
7 | year ending December 31, 2022; | ||||||
8 | (6) 11.4% cumulative persisting annual savings for the | ||||||
9 | year ending December 31, 2023; | ||||||
10 | (7) 12.2% cumulative persisting annual savings for the | ||||||
11 | year ending December 31, 2024; | ||||||
12 | (8) 13% cumulative persisting annual savings for the | ||||||
13 | year ending December 31, 2025; | ||||||
14 | (9) 13.6% cumulative persisting annual savings for the | ||||||
15 | year ending December 31, 2026; | ||||||
16 | (10) 14.2% cumulative persisting annual savings for | ||||||
17 | the year ending December 31, 2027; | ||||||
18 | (11) 14.8% cumulative persisting annual savings for | ||||||
19 | the year ending December 31, 2028; | ||||||
20 | (12) 15.4% cumulative persisting annual savings for | ||||||
21 | the year ending December 31, 2029; and | ||||||
22 | (13) 16% cumulative persisting annual savings for the | ||||||
23 | year ending December 31, 2030. | ||||||
24 | No later than December 31, 2021, the Illinois Commerce | ||||||
25 | Commission shall establish additional cumulative persisting | ||||||
26 | annual savings goals for the years 2031 through 2035. No later |
| |||||||
| |||||||
1 | than December 31, 2024, the Illinois Commerce Commission shall | ||||||
2 | establish additional cumulative persisting annual savings | ||||||
3 | goals for the years 2036 through 2040. The Commission shall | ||||||
4 | also establish additional cumulative persisting annual savings | ||||||
5 | goals every 5 years thereafter to ensure that utilities always | ||||||
6 | have goals that extend at least 11 years into the future. The | ||||||
7 | cumulative persisting annual savings goals beyond the year | ||||||
8 | 2030 shall increase by 0.6 percentage points per year, absent | ||||||
9 | a Commission decision to initiate a proceeding to consider | ||||||
10 | establishing goals that increase by more or less than that | ||||||
11 | amount. Such a proceeding must be conducted in accordance with | ||||||
12 | the procedures described in subsection (f) of this Section. If | ||||||
13 | such a proceeding is initiated, the cumulative persisting | ||||||
14 | annual savings goals established by the Commission through | ||||||
15 | that proceeding shall reflect the Commission's best estimate | ||||||
16 | of the maximum amount of additional savings that are forecast | ||||||
17 | to be cost-effectively achievable unless such best estimates | ||||||
18 | would result in goals that represent less than 0.4 percentage | ||||||
19 | point annual increases in total cumulative persisting annual | ||||||
20 | savings. The Commission may only establish goals that | ||||||
21 | represent less than 0.4 percentage point annual increases in | ||||||
22 | cumulative persisting annual savings if it can demonstrate, | ||||||
23 | based on clear and convincing evidence and through independent | ||||||
24 | analysis, that 0.4 percentage point increases are not | ||||||
25 | cost-effectively achievable. The Commission shall inform its | ||||||
26 | decision based on an energy efficiency potential study that |
| |||||||
| |||||||
1 | conforms to the requirements of this Section. | ||||||
2 | (b-20) Each electric utility subject to this Section may | ||||||
3 | include cost-effective voltage optimization measures in its | ||||||
4 | plans submitted under subsections (f) and (g) of this Section, | ||||||
5 | and the costs incurred by a utility to implement the measures | ||||||
6 | under a Commission-approved plan shall be recovered under the | ||||||
7 | provisions of Article IX or Section 16-108.5 of this Act. For | ||||||
8 | purposes of this Section, the measure life of voltage | ||||||
9 | optimization measures shall be 15 years. The measure life | ||||||
10 | period is independent of the depreciation rate of the voltage | ||||||
11 | optimization assets deployed. Utilities may claim savings from | ||||||
12 | voltage optimization on circuits for more than 15 years if | ||||||
13 | they can demonstrate that they have made additional | ||||||
14 | investments necessary to enable voltage optimization savings | ||||||
15 | to continue beyond 15 years. Such demonstrations must be | ||||||
16 | subject to the review of independent evaluation. | ||||||
17 | Within 270 days after June 1, 2017 (the effective date of | ||||||
18 | Public Act 99-906), an electric utility that serves less than | ||||||
19 | 3,000,000 retail customers but more than 500,000 retail | ||||||
20 | customers in the State shall file a plan with the Commission | ||||||
21 | that identifies the cost-effective voltage optimization | ||||||
22 | investment the electric utility plans to undertake through | ||||||
23 | December 31, 2024. The Commission, after notice and hearing, | ||||||
24 | shall approve or approve with modification the plan within 120 | ||||||
25 | days after the plan's filing and, in the order approving or | ||||||
26 | approving with modification the plan, the Commission shall |
| |||||||
| |||||||
1 | adjust the applicable cumulative persisting annual savings | ||||||
2 | goals set forth in subsection (b-15) to reflect any amount of | ||||||
3 | cost-effective energy savings approved by the Commission that | ||||||
4 | is greater than or less than the following cumulative | ||||||
5 | persisting annual savings values attributable to voltage | ||||||
6 | optimization for the applicable year: | ||||||
7 | (1) 0.0% of cumulative persisting annual savings for | ||||||
8 | the year ending December 31, 2018; | ||||||
9 | (2) 0.17% of cumulative persisting annual savings for | ||||||
10 | the year ending December 31, 2019; | ||||||
11 | (3) 0.17% of cumulative persisting annual savings for | ||||||
12 | the year ending December 31, 2020; | ||||||
13 | (4) 0.33% of cumulative persisting annual savings for | ||||||
14 | the year ending December 31, 2021; | ||||||
15 | (5) 0.5% of cumulative persisting annual savings for | ||||||
16 | the year ending December 31, 2022; | ||||||
17 | (6) 0.67% of cumulative persisting annual savings for | ||||||
18 | the year ending December 31, 2023; | ||||||
19 | (7) 0.83% of cumulative persisting annual savings for | ||||||
20 | the year ending December 31, 2024; and | ||||||
21 | (8) 1.0% of cumulative persisting annual savings for | ||||||
22 | the year ending December 31, 2025 and all subsequent | ||||||
23 | years. | ||||||
24 | (b-25) In the event an electric utility jointly offers an | ||||||
25 | energy efficiency measure or program with a gas utility under | ||||||
26 | plans approved under this Section and Section 8-104 of this |
| |||||||
| |||||||
1 | Act, the electric utility may continue offering the program, | ||||||
2 | including the gas energy efficiency measures, in the event the | ||||||
3 | gas utility discontinues funding the program. In that event, | ||||||
4 | the energy savings value associated with such other fuels | ||||||
5 | shall be converted to electric energy savings on an equivalent | ||||||
6 | Btu basis for the premises. However, the electric utility | ||||||
7 | shall prioritize programs for low-income residential customers | ||||||
8 | to the extent practicable. An electric utility may recover the | ||||||
9 | costs of offering the gas energy efficiency measures under | ||||||
10 | this subsection (b-25). | ||||||
11 | For those energy efficiency measures or programs that save | ||||||
12 | both electricity and other fuels but are not jointly offered | ||||||
13 | with a gas utility under plans approved under this Section and | ||||||
14 | Section 8-104 or not offered with an affiliated gas utility | ||||||
15 | under paragraph (6) of subsection (f) of Section 8-104 of this | ||||||
16 | Act, the electric utility may count savings of fuels other | ||||||
17 | than electricity toward the achievement of its annual savings | ||||||
18 | goal, and the energy savings value associated with such other | ||||||
19 | fuels shall be converted to electric energy savings on an | ||||||
20 | equivalent Btu basis at the premises. | ||||||
21 | In no event shall more than 10% of each year's applicable | ||||||
22 | annual total savings requirement as defined in paragraph (7.5) | ||||||
23 | of subsection (g) of this Section be met through savings of | ||||||
24 | fuels other than electricity. | ||||||
25 | (b-27) Beginning in 2022, an electric utility may offer | ||||||
26 | and promote measures that electrify space heating, water |
| |||||||
| |||||||
1 | heating, cooling, drying, cooking, industrial processes, and | ||||||
2 | other building and industrial end uses that would otherwise be | ||||||
3 | served by combustion of fossil fuel at the premises, provided | ||||||
4 | that the electrification measures reduce total energy | ||||||
5 | consumption at the premises. The electric utility may count | ||||||
6 | the reduction in energy consumption at the premises toward | ||||||
7 | achievement of its annual savings goals. The reduction in | ||||||
8 | energy consumption at the premises shall be calculated as the | ||||||
9 | difference between: (A) the reduction in Btu consumption of | ||||||
10 | fossil fuels as a result of electrification, converted to | ||||||
11 | kilowatt-hour equivalents by dividing by 3,412 Btus Btu's per | ||||||
12 | kilowatt hour; and (B) the increase in kilowatt hours of | ||||||
13 | electricity consumption resulting from the displacement of | ||||||
14 | fossil fuel consumption as a result of electrification. An | ||||||
15 | electric utility may recover the costs of offering and | ||||||
16 | promoting electrification measures under this subsection | ||||||
17 | (b-27). | ||||||
18 | In no event shall electrification savings counted toward | ||||||
19 | each year's applicable annual total savings requirement, as | ||||||
20 | defined in paragraph (7.5) of subsection (g) of this Section, | ||||||
21 | be greater than: | ||||||
22 | (1) 5% per year for each year from 2022 through 2025; | ||||||
23 | (2) 10% per year for each year from 2026 through 2029; | ||||||
24 | and | ||||||
25 | (3) 15% per year for 2030 and all subsequent years. | ||||||
26 | In addition, a minimum of 25% of all electrification savings |
| |||||||
| |||||||
1 | counted toward a utility's applicable annual total savings | ||||||
2 | requirement must be from electrification of end uses in | ||||||
3 | low-income housing. The limitations on electrification savings | ||||||
4 | that may be counted toward a utility's annual savings goals | ||||||
5 | are separate from and in addition to the subsection (b-25) | ||||||
6 | limitations governing the counting of the other fuel savings | ||||||
7 | resulting from efficiency measures and programs. | ||||||
8 | As part of the annual informational filing to the | ||||||
9 | Commission that is required under paragraph (9) of subsection | ||||||
10 | (g) of this Section, each utility shall identify the specific | ||||||
11 | electrification measures offered under this subsection | ||||||
12 | subjection (b-27); the quantity of each electrification | ||||||
13 | measure that was installed by its customers; the average total | ||||||
14 | cost, average utility cost, average reduction in fossil fuel | ||||||
15 | consumption, and average increase in electricity consumption | ||||||
16 | associated with each electrification measure; the portion of | ||||||
17 | installations of each electrification measure that were in | ||||||
18 | low-income single-family housing, low-income multifamily | ||||||
19 | housing, non-low-income single-family housing, non-low-income | ||||||
20 | multifamily housing, commercial buildings, and industrial | ||||||
21 | facilities; and the quantity of savings associated with each | ||||||
22 | measure category in each customer category that are being | ||||||
23 | counted toward the utility's applicable annual total savings | ||||||
24 | requirement. Prior to installing an electrification measure, | ||||||
25 | the utility shall provide a customer with an estimate of the | ||||||
26 | impact of the new measure on the customer's average monthly |
| |||||||
| |||||||
1 | electric bill and total annual energy expenses. | ||||||
2 | (c) Electric utilities shall be responsible for overseeing | ||||||
3 | the design, development, and filing of energy efficiency plans | ||||||
4 | with the Commission and may, as part of that implementation, | ||||||
5 | outsource various aspects of program development and | ||||||
6 | implementation. A minimum of 10%, for electric utilities that | ||||||
7 | serve more than 3,000,000 retail customers in the State, and a | ||||||
8 | minimum of 7%, for electric utilities that serve less than | ||||||
9 | 3,000,000 retail customers but more than 500,000 retail | ||||||
10 | customers in the State, of the utility's entire portfolio | ||||||
11 | funding level for a given year shall be used to procure | ||||||
12 | cost-effective energy efficiency measures from units of local | ||||||
13 | government, municipal corporations, school districts, public | ||||||
14 | housing, and community college districts, provided that a | ||||||
15 | minimum percentage of available funds shall be used to procure | ||||||
16 | energy efficiency from public housing, which percentage shall | ||||||
17 | be equal to public housing's share of public building energy | ||||||
18 | consumption. | ||||||
19 | The utilities shall also implement energy efficiency | ||||||
20 | measures targeted at low-income households, which, for | ||||||
21 | purposes of this Section, shall be defined as households at or | ||||||
22 | below 80% of area median income, and expenditures to implement | ||||||
23 | the measures shall be no less than $40,000,000 per year for | ||||||
24 | electric utilities that serve more than 3,000,000 retail | ||||||
25 | customers in the State and no less than $13,000,000 per year | ||||||
26 | for electric utilities that serve less than 3,000,000 retail |
| |||||||
| |||||||
1 | customers but more than 500,000 retail customers in the State. | ||||||
2 | The ratio of spending on efficiency programs targeted at | ||||||
3 | low-income multifamily buildings to spending on efficiency | ||||||
4 | programs targeted at low-income single-family buildings shall | ||||||
5 | be designed to achieve levels of savings from each building | ||||||
6 | type that are approximately proportional to the magnitude of | ||||||
7 | cost-effective lifetime savings potential in each building | ||||||
8 | type. Investment in low-income whole-building weatherization | ||||||
9 | programs shall constitute a minimum of 80% of a utility's | ||||||
10 | total budget specifically dedicated to serving low-income | ||||||
11 | customers. | ||||||
12 | The utilities shall work to bundle low-income energy | ||||||
13 | efficiency offerings with other programs that serve low-income | ||||||
14 | households to maximize the benefits going to these households. | ||||||
15 | The utilities shall market and implement low-income energy | ||||||
16 | efficiency programs in coordination with low-income assistance | ||||||
17 | programs, the Illinois Solar for All Program, and | ||||||
18 | weatherization whenever practicable. The program implementer | ||||||
19 | shall walk the customer through the enrollment process for any | ||||||
20 | programs for which the customer is eligible. The utilities | ||||||
21 | shall also pilot targeting customers with high arrearages, | ||||||
22 | high energy intensity (ratio of energy usage divided by home | ||||||
23 | or unit square footage), or energy assistance programs with | ||||||
24 | energy efficiency offerings, and then track reduction in | ||||||
25 | arrearages as a result of the targeting. This targeting and | ||||||
26 | bundling of low-income energy programs shall be offered to |
| |||||||
| |||||||
1 | both low-income single-family and multifamily customers | ||||||
2 | (owners and residents). | ||||||
3 | The utilities shall invest in health and safety measures | ||||||
4 | appropriate and necessary for comprehensively weatherizing a | ||||||
5 | home or multifamily building, and shall implement a health and | ||||||
6 | safety fund of at least 15% of the total income-qualified | ||||||
7 | weatherization budget that shall be used for the purpose of | ||||||
8 | making grants for technical assistance, construction, | ||||||
9 | reconstruction, improvement, or repair of buildings to | ||||||
10 | facilitate their participation in the energy efficiency | ||||||
11 | programs targeted at low-income single-family and multifamily | ||||||
12 | households. These funds may also be used for the purpose of | ||||||
13 | making grants for technical assistance, construction, | ||||||
14 | reconstruction, improvement, or repair of the following | ||||||
15 | buildings to facilitate their participation in the energy | ||||||
16 | efficiency programs created by this Section: (1) buildings | ||||||
17 | that are owned or operated by registered 501(c)(3) public | ||||||
18 | charities; and (2) child day care centers, child day care | ||||||
19 | homes, or group child day care homes, as defined under 89 Ill. | ||||||
20 | Adm. Code Part 406, 407, or 408, respectively. | ||||||
21 | Each electric utility shall assess opportunities to | ||||||
22 | implement cost-effective energy efficiency measures and | ||||||
23 | programs through a public housing authority or authorities | ||||||
24 | located in its service territory. If such opportunities are | ||||||
25 | identified, the utility shall propose such measures and | ||||||
26 | programs to address the opportunities. Expenditures to address |
| |||||||
| |||||||
1 | such opportunities shall be credited toward the minimum | ||||||
2 | procurement and expenditure requirements set forth in this | ||||||
3 | subsection (c). | ||||||
4 | Implementation of energy efficiency measures and programs | ||||||
5 | targeted at low-income households should be contracted, when | ||||||
6 | it is practicable, to independent third parties that have | ||||||
7 | demonstrated capabilities to serve such households, with a | ||||||
8 | preference for not-for-profit entities and government agencies | ||||||
9 | that have existing relationships with or experience serving | ||||||
10 | low-income communities in the State. | ||||||
11 | Each electric utility shall develop and implement | ||||||
12 | reporting procedures that address and assist in determining | ||||||
13 | the amount of energy savings that can be applied to the | ||||||
14 | low-income procurement and expenditure requirements set forth | ||||||
15 | in this subsection (c). Each electric utility shall also track | ||||||
16 | the types and quantities or volumes of insulation and air | ||||||
17 | sealing materials, and their associated energy saving | ||||||
18 | benefits, installed in energy efficiency programs targeted at | ||||||
19 | low-income single-family and multifamily households. | ||||||
20 | The electric utilities shall participate in a low-income | ||||||
21 | energy efficiency accountability committee ("the committee"), | ||||||
22 | which will directly inform the design, implementation, and | ||||||
23 | evaluation of the low-income and public-housing energy | ||||||
24 | efficiency programs. The committee shall be comprised of the | ||||||
25 | electric utilities subject to the requirements of this | ||||||
26 | Section, the gas utilities subject to the requirements of |
| |||||||
| |||||||
1 | Section 8-104 of this Act, the utilities' low-income energy | ||||||
2 | efficiency implementation contractors, nonprofit | ||||||
3 | organizations, community action agencies, advocacy groups, | ||||||
4 | State and local governmental agencies, public-housing | ||||||
5 | organizations, and representatives of community-based | ||||||
6 | organizations, especially those living in or working with | ||||||
7 | environmental justice communities and BIPOC communities. The | ||||||
8 | committee shall be composed of 2 geographically differentiated | ||||||
9 | subcommittees: one for stakeholders in northern Illinois and | ||||||
10 | one for stakeholders in central and southern Illinois. The | ||||||
11 | subcommittees shall meet together at least twice per year. | ||||||
12 | There shall be one statewide leadership committee led by | ||||||
13 | and composed of community-based organizations that are | ||||||
14 | representative of BIPOC and environmental justice communities | ||||||
15 | and that includes equitable representation from BIPOC | ||||||
16 | communities. The leadership committee shall be composed of an | ||||||
17 | equal number of representatives from the 2 subcommittees. The | ||||||
18 | subcommittees shall address specific programs and issues, with | ||||||
19 | the leadership committee convening targeted workgroups as | ||||||
20 | needed. The leadership committee may elect to work with an | ||||||
21 | independent facilitator to solicit and organize feedback, | ||||||
22 | recommendations and meeting participation from a wide variety | ||||||
23 | of community-based stakeholders. If a facilitator is used, | ||||||
24 | they shall be fair and responsive to the needs of all | ||||||
25 | stakeholders involved in the committee. | ||||||
26 | All committee meetings must be accessible, with rotating |
| |||||||
| |||||||
1 | locations if meetings are held in-person, virtual | ||||||
2 | participation options, and materials and agendas circulated in | ||||||
3 | advance. | ||||||
4 | There shall also be opportunities for direct input by | ||||||
5 | committee members outside of committee meetings, such as via | ||||||
6 | individual meetings, surveys, emails and calls, to ensure | ||||||
7 | robust participation by stakeholders with limited capacity and | ||||||
8 | ability to attend committee meetings. Committee meetings shall | ||||||
9 | emphasize opportunities to bundle and coordinate delivery of | ||||||
10 | low-income energy efficiency with other programs that serve | ||||||
11 | low-income communities, such as the Illinois Solar for All | ||||||
12 | Program and bill payment assistance programs. Meetings shall | ||||||
13 | include educational opportunities for stakeholders to learn | ||||||
14 | more about these additional offerings, and the committee shall | ||||||
15 | assist in figuring out the best methods for coordinated | ||||||
16 | delivery and implementation of offerings when serving | ||||||
17 | low-income communities. The committee shall directly and | ||||||
18 | equitably influence and inform utility low-income and | ||||||
19 | public-housing energy efficiency programs and priorities. | ||||||
20 | Participating utilities shall implement recommendations from | ||||||
21 | the committee whenever possible. | ||||||
22 | Participating utilities shall track and report how input | ||||||
23 | from the committee has led to new approaches and changes in | ||||||
24 | their energy efficiency portfolios. This reporting shall occur | ||||||
25 | at committee meetings and in quarterly energy efficiency | ||||||
26 | reports to the Stakeholder Advisory Group and Illinois |
| |||||||
| |||||||
1 | Commerce Commission, and other relevant reporting mechanisms. | ||||||
2 | Participating utilities shall also report on relevant equity | ||||||
3 | data and metrics requested by the committee, such as energy | ||||||
4 | burden data, geographic, racial, and other relevant | ||||||
5 | demographic data on where programs are being delivered and | ||||||
6 | what populations programs are serving. | ||||||
7 | The Illinois Commerce Commission shall oversee and have | ||||||
8 | relevant staff participate in the committee. The committee | ||||||
9 | shall have a budget of 0.25% of each utility's entire | ||||||
10 | efficiency portfolio funding for a given year. The budget | ||||||
11 | shall be overseen by the Commission. The budget shall be used | ||||||
12 | to provide grants for community-based organizations serving on | ||||||
13 | the leadership committee, stipends for community-based | ||||||
14 | organizations participating in the committee, grants for | ||||||
15 | community-based organizations to do energy efficiency outreach | ||||||
16 | and education, and relevant meeting needs as determined by the | ||||||
17 | leadership committee. The education and outreach shall | ||||||
18 | include, but is not limited to, basic energy efficiency | ||||||
19 | education, information about low-income energy efficiency | ||||||
20 | programs, and information on the committee's purpose, | ||||||
21 | structure, and activities. | ||||||
22 | (d) Notwithstanding any other provision of law to the | ||||||
23 | contrary, a utility providing approved energy efficiency | ||||||
24 | measures and, if applicable, demand-response measures in the | ||||||
25 | State shall be permitted to recover all reasonable and | ||||||
26 | prudently incurred costs of those measures from all retail |
| |||||||
| |||||||
1 | customers, except as provided in subsection (l) of this | ||||||
2 | Section, as follows, provided that nothing in this subsection | ||||||
3 | (d) permits the double recovery of such costs from customers: | ||||||
4 | (1) The utility may recover its costs through an | ||||||
5 | automatic adjustment clause tariff filed with and approved | ||||||
6 | by the Commission. The tariff shall be established outside | ||||||
7 | the context of a general rate case. Each year the | ||||||
8 | Commission shall initiate a review to reconcile any | ||||||
9 | amounts collected with the actual costs and to determine | ||||||
10 | the required adjustment to the annual tariff factor to | ||||||
11 | match annual expenditures. To enable the financing of the | ||||||
12 | incremental capital expenditures, including regulatory | ||||||
13 | assets, for electric utilities that serve less than | ||||||
14 | 3,000,000 retail customers but more than 500,000 retail | ||||||
15 | customers in the State, the utility's actual year-end | ||||||
16 | capital structure that includes a common equity ratio, | ||||||
17 | excluding goodwill, of up to and including 50% of the | ||||||
18 | total capital structure shall be deemed reasonable and | ||||||
19 | used to set rates. | ||||||
20 | (2) A utility may recover its costs through an energy | ||||||
21 | efficiency formula rate approved by the Commission under a | ||||||
22 | filing under subsections (f) and (g) of this Section, | ||||||
23 | which shall specify the cost components that form the | ||||||
24 | basis of the rate charged to customers with sufficient | ||||||
25 | specificity to operate in a standardized manner and be | ||||||
26 | updated annually with transparent information that |
| |||||||
| |||||||
1 | reflects the utility's actual costs to be recovered during | ||||||
2 | the applicable rate year, which is the period beginning | ||||||
3 | with the first billing day of January and extending | ||||||
4 | through the last billing day of the following December. | ||||||
5 | The energy efficiency formula rate shall be implemented | ||||||
6 | through a tariff filed with the Commission under | ||||||
7 | subsections (f) and (g) of this Section that is consistent | ||||||
8 | with the provisions of this paragraph (2) and that shall | ||||||
9 | be applicable to all delivery services customers. The | ||||||
10 | Commission shall conduct an investigation of the tariff in | ||||||
11 | a manner consistent with the provisions of this paragraph | ||||||
12 | (2), subsections (f) and (g) of this Section, and the | ||||||
13 | provisions of Article IX of this Act to the extent they do | ||||||
14 | not conflict with this paragraph (2). The energy | ||||||
15 | efficiency formula rate approved by the Commission shall | ||||||
16 | remain in effect at the discretion of the utility and | ||||||
17 | shall do the following: | ||||||
18 | (A) Provide for the recovery of the utility's | ||||||
19 | actual costs incurred under this Section that are | ||||||
20 | prudently incurred and reasonable in amount consistent | ||||||
21 | with Commission practice and law. The sole fact that a | ||||||
22 | cost differs from that incurred in a prior calendar | ||||||
23 | year or that an investment is different from that made | ||||||
24 | in a prior calendar year shall not imply the | ||||||
25 | imprudence or unreasonableness of that cost or | ||||||
26 | investment. |
| |||||||
| |||||||
1 | (B) Reflect the utility's actual year-end capital | ||||||
2 | structure for the applicable calendar year, excluding | ||||||
3 | goodwill, subject to a determination of prudence and | ||||||
4 | reasonableness consistent with Commission practice and | ||||||
5 | law. To enable the financing of the incremental | ||||||
6 | capital expenditures, including regulatory assets, for | ||||||
7 | electric utilities that serve less than 3,000,000 | ||||||
8 | retail customers but more than 500,000 retail | ||||||
9 | customers in the State, a participating electric | ||||||
10 | utility's actual year-end capital structure that | ||||||
11 | includes a common equity ratio, excluding goodwill, of | ||||||
12 | up to and including 50% of the total capital structure | ||||||
13 | shall be deemed reasonable and used to set rates. | ||||||
14 | (C) Include a cost of equity, which shall be | ||||||
15 | calculated as the sum of the following: | ||||||
16 | (i) the average for the applicable calendar | ||||||
17 | year of the monthly average yields of 30-year U.S. | ||||||
18 | Treasury bonds published by the Board of Governors | ||||||
19 | of the Federal Reserve System in its weekly H.15 | ||||||
20 | Statistical Release or successor publication; and | ||||||
21 | (ii) 580 basis points. | ||||||
22 | At such time as the Board of Governors of the | ||||||
23 | Federal Reserve System ceases to include the monthly | ||||||
24 | average yields of 30-year U.S. Treasury bonds in its | ||||||
25 | weekly H.15 Statistical Release or successor | ||||||
26 | publication, the monthly average yields of the U.S. |
| |||||||
| |||||||
1 | Treasury bonds then having the longest duration | ||||||
2 | published by the Board of Governors in its weekly H.15 | ||||||
3 | Statistical Release or successor publication shall | ||||||
4 | instead be used for purposes of this paragraph (2). | ||||||
5 | (D) Permit and set forth protocols, subject to a | ||||||
6 | determination of prudence and reasonableness | ||||||
7 | consistent with Commission practice and law, for the | ||||||
8 | following: | ||||||
9 | (i) recovery of incentive compensation expense | ||||||
10 | that is based on the achievement of operational | ||||||
11 | metrics, including metrics related to budget | ||||||
12 | controls, outage duration and frequency, safety, | ||||||
13 | customer service, efficiency and productivity, and | ||||||
14 | environmental compliance; however, this protocol | ||||||
15 | shall not apply if such expense related to costs | ||||||
16 | incurred under this Section is recovered under | ||||||
17 | Article IX or Section 16-108.5 of this Act; | ||||||
18 | incentive compensation expense that is based on | ||||||
19 | net income or an affiliate's earnings per share | ||||||
20 | shall not be recoverable under the
energy | ||||||
21 | efficiency formula rate; | ||||||
22 | (ii) recovery of pension and other | ||||||
23 | post-employment benefits expense, provided that | ||||||
24 | such costs are supported by an actuarial study; | ||||||
25 | however, this protocol shall not apply if such | ||||||
26 | expense related to costs incurred under this |
| |||||||
| |||||||
1 | Section is recovered under Article IX or Section | ||||||
2 | 16-108.5 of this Act; | ||||||
3 | (iii) recovery of existing regulatory assets | ||||||
4 | over the periods previously authorized by the | ||||||
5 | Commission; | ||||||
6 | (iv) as described in subsection (e), | ||||||
7 | amortization of costs incurred under this Section; | ||||||
8 | and | ||||||
9 | (v) projected, weather normalized billing | ||||||
10 | determinants for the applicable rate year. | ||||||
11 | (E) Provide for an annual reconciliation, as | ||||||
12 | described in paragraph (3) of this subsection (d), | ||||||
13 | less any deferred taxes related to the reconciliation, | ||||||
14 | with interest at an annual rate of return equal to the | ||||||
15 | utility's weighted average cost of capital, including | ||||||
16 | a revenue conversion factor calculated to recover or | ||||||
17 | refund all additional income taxes that may be payable | ||||||
18 | or receivable as a result of that return, of the energy | ||||||
19 | efficiency revenue requirement reflected in rates for | ||||||
20 | each calendar year, beginning with the calendar year | ||||||
21 | in which the utility files its energy efficiency | ||||||
22 | formula rate tariff under this paragraph (2), with | ||||||
23 | what the revenue requirement would have been had the | ||||||
24 | actual cost information for the applicable calendar | ||||||
25 | year been available at the filing date. | ||||||
26 | The utility shall file, together with its tariff, the |
| |||||||
| |||||||
1 | projected costs to be incurred by the utility during the | ||||||
2 | rate year under the utility's multi-year plan approved | ||||||
3 | under subsections (f) and (g) of this Section, including, | ||||||
4 | but not limited to, the projected capital investment costs | ||||||
5 | and projected regulatory asset balances with | ||||||
6 | correspondingly updated depreciation and amortization | ||||||
7 | reserves and expense, that shall populate the energy | ||||||
8 | efficiency formula rate and set the initial rates under | ||||||
9 | the formula. | ||||||
10 | The Commission shall review the proposed tariff in | ||||||
11 | conjunction with its review of a proposed multi-year plan, | ||||||
12 | as specified in paragraph (5) of subsection (g) of this | ||||||
13 | Section. The review shall be based on the same evidentiary | ||||||
14 | standards, including, but not limited to, those concerning | ||||||
15 | the prudence and reasonableness of the costs incurred by | ||||||
16 | the utility, the Commission applies in a hearing to review | ||||||
17 | a filing for a general increase in rates under Article IX | ||||||
18 | of this Act. The initial rates shall take effect beginning | ||||||
19 | with the January monthly billing period following the | ||||||
20 | Commission's approval. | ||||||
21 | The tariff's rate design and cost allocation across | ||||||
22 | customer classes shall be consistent with the utility's | ||||||
23 | automatic adjustment clause tariff in effect on June 1, | ||||||
24 | 2017 (the effective date of Public Act 99-906); however, | ||||||
25 | the Commission may revise the tariff's rate design and | ||||||
26 | cost allocation in subsequent proceedings under paragraph |
| |||||||
| |||||||
1 | (3) of this subsection (d). | ||||||
2 | If the energy efficiency formula rate is terminated, | ||||||
3 | the then current rates shall remain in effect until such | ||||||
4 | time as the energy efficiency costs are incorporated into | ||||||
5 | new rates that are set under this subsection (d) or | ||||||
6 | Article IX of this Act, subject to retroactive rate | ||||||
7 | adjustment, with interest, to reconcile rates charged with | ||||||
8 | actual costs. | ||||||
9 | (3) The provisions of this paragraph (3) shall only | ||||||
10 | apply to an electric utility that has elected to file an | ||||||
11 | energy efficiency formula rate under paragraph (2) of this | ||||||
12 | subsection (d). Subsequent to the Commission's issuance of | ||||||
13 | an order approving the utility's energy efficiency formula | ||||||
14 | rate structure and protocols, and initial rates under | ||||||
15 | paragraph (2) of this subsection (d), the utility shall | ||||||
16 | file, on or before June 1 of each year, with the Chief | ||||||
17 | Clerk of the Commission its updated cost inputs to the | ||||||
18 | energy efficiency formula rate for the applicable rate | ||||||
19 | year and the corresponding new charges, as well as the | ||||||
20 | information described in paragraph (9) of subsection (g) | ||||||
21 | of this Section. Each such filing shall conform to the | ||||||
22 | following requirements and include the following | ||||||
23 | information: | ||||||
24 | (A) The inputs to the energy efficiency formula | ||||||
25 | rate for the applicable rate year shall be based on the | ||||||
26 | projected costs to be incurred by the utility during |
| |||||||
| |||||||
1 | the rate year under the utility's multi-year plan | ||||||
2 | approved under subsections (f) and (g) of this | ||||||
3 | Section, including, but not limited to, projected | ||||||
4 | capital investment costs and projected regulatory | ||||||
5 | asset balances with correspondingly updated | ||||||
6 | depreciation and amortization reserves and expense. | ||||||
7 | The filing shall also include a reconciliation of the | ||||||
8 | energy efficiency revenue requirement that was in | ||||||
9 | effect for the prior rate year (as set by the cost | ||||||
10 | inputs for the prior rate year) with the actual | ||||||
11 | revenue requirement for the prior rate year | ||||||
12 | (determined using a year-end rate base) that uses | ||||||
13 | amounts reflected in the applicable FERC Form 1 that | ||||||
14 | reports the actual costs for the prior rate year. Any | ||||||
15 | over-collection or under-collection indicated by such | ||||||
16 | reconciliation shall be reflected as a credit against, | ||||||
17 | or recovered as an additional charge to, respectively, | ||||||
18 | with interest calculated at a rate equal to the | ||||||
19 | utility's weighted average cost of capital approved by | ||||||
20 | the Commission for the prior rate year, the charges | ||||||
21 | for the applicable rate year. Such over-collection or | ||||||
22 | under-collection shall be adjusted to remove any | ||||||
23 | deferred taxes related to the reconciliation, for | ||||||
24 | purposes of calculating interest at an annual rate of | ||||||
25 | return equal to the utility's weighted average cost of | ||||||
26 | capital approved by the Commission for the prior rate |
| |||||||
| |||||||
1 | year, including a revenue conversion factor calculated | ||||||
2 | to recover or refund all additional income taxes that | ||||||
3 | may be payable or receivable as a result of that | ||||||
4 | return. Each reconciliation shall be certified by the | ||||||
5 | participating utility in the same manner that FERC | ||||||
6 | Form 1 is certified. The filing shall also include the | ||||||
7 | charge or credit, if any, resulting from the | ||||||
8 | calculation required by subparagraph (E) of paragraph | ||||||
9 | (2) of this subsection (d). | ||||||
10 | Notwithstanding any other provision of law to the | ||||||
11 | contrary, the intent of the reconciliation is to | ||||||
12 | ultimately reconcile both the revenue requirement | ||||||
13 | reflected in rates for each calendar year, beginning | ||||||
14 | with the calendar year in which the utility files its | ||||||
15 | energy efficiency formula rate tariff under paragraph | ||||||
16 | (2) of this subsection (d), with what the revenue | ||||||
17 | requirement determined using a year-end rate base for | ||||||
18 | the applicable calendar year would have been had the | ||||||
19 | actual cost information for the applicable calendar | ||||||
20 | year been available at the filing date. | ||||||
21 | For purposes of this Section, "FERC Form 1" means | ||||||
22 | the Annual Report of Major Electric Utilities, | ||||||
23 | Licensees and Others that electric utilities are | ||||||
24 | required to file with the Federal Energy Regulatory | ||||||
25 | Commission under the Federal Power Act, Sections 3, | ||||||
26 | 4(a), 304 and 209, modified as necessary to be |
| |||||||
| |||||||
1 | consistent with 83 Ill. Adm. Admin. Code Part 415 as of | ||||||
2 | May 1, 2011. Nothing in this Section is intended to | ||||||
3 | allow costs that are not otherwise recoverable to be | ||||||
4 | recoverable by virtue of inclusion in FERC Form 1. | ||||||
5 | (B) The new charges shall take effect beginning on | ||||||
6 | the first billing day of the following January billing | ||||||
7 | period and remain in effect through the last billing | ||||||
8 | day of the next December billing period regardless of | ||||||
9 | whether the Commission enters upon a hearing under | ||||||
10 | this paragraph (3). | ||||||
11 | (C) The filing shall include relevant and | ||||||
12 | necessary data and documentation for the applicable | ||||||
13 | rate year. Normalization adjustments shall not be | ||||||
14 | required. | ||||||
15 | Within 45 days after the utility files its annual | ||||||
16 | update of cost inputs to the energy efficiency formula | ||||||
17 | rate, the Commission shall with reasonable notice, | ||||||
18 | initiate a proceeding concerning whether the projected | ||||||
19 | costs to be incurred by the utility and recovered during | ||||||
20 | the applicable rate year, and that are reflected in the | ||||||
21 | inputs to the energy efficiency formula rate, are | ||||||
22 | consistent with the utility's approved multi-year plan | ||||||
23 | under subsections (f) and (g) of this Section and whether | ||||||
24 | the costs incurred by the utility during the prior rate | ||||||
25 | year were prudent and reasonable. The Commission shall | ||||||
26 | also have the authority to investigate the information and |
| |||||||
| |||||||
1 | data described in paragraph (9) of subsection (g) of this | ||||||
2 | Section, including the proposed adjustment to the | ||||||
3 | utility's return on equity component of its weighted | ||||||
4 | average cost of capital. During the course of the | ||||||
5 | proceeding, each objection shall be stated with | ||||||
6 | particularity and evidence provided in support thereof, | ||||||
7 | after which the utility shall have the opportunity to | ||||||
8 | rebut the evidence. Discovery shall be allowed consistent | ||||||
9 | with the Commission's Rules of Practice, which Rules of | ||||||
10 | Practice shall be enforced by the Commission or the | ||||||
11 | assigned administrative law judge. The Commission shall | ||||||
12 | apply the same evidentiary standards, including, but not | ||||||
13 | limited to, those concerning the prudence and | ||||||
14 | reasonableness of the costs incurred by the utility, | ||||||
15 | during the proceeding as it would apply in a proceeding to | ||||||
16 | review a filing for a general increase in rates under | ||||||
17 | Article IX of this Act. The Commission shall not, however, | ||||||
18 | have the authority in a proceeding under this paragraph | ||||||
19 | (3) to consider or order any changes to the structure or | ||||||
20 | protocols of the energy efficiency formula rate approved | ||||||
21 | under paragraph (2) of this subsection (d). In a | ||||||
22 | proceeding under this paragraph (3), the Commission shall | ||||||
23 | enter its order no later than the earlier of 195 days after | ||||||
24 | the utility's filing of its annual update of cost inputs | ||||||
25 | to the energy efficiency formula rate or December 15. The | ||||||
26 | utility's proposed return on equity calculation, as |
| |||||||
| |||||||
1 | described in paragraphs (7) through (9) of subsection (g) | ||||||
2 | of this Section, shall be deemed the final, approved | ||||||
3 | calculation on December 15 of the year in which it is filed | ||||||
4 | unless the Commission enters an order on or before | ||||||
5 | December 15, after notice and hearing, that modifies such | ||||||
6 | calculation consistent with this Section. The Commission's | ||||||
7 | determinations of the prudence and reasonableness of the | ||||||
8 | costs incurred, and determination of such return on equity | ||||||
9 | calculation, for the applicable calendar year shall be | ||||||
10 | final upon entry of the Commission's order and shall not | ||||||
11 | be subject to reopening, reexamination, or collateral | ||||||
12 | attack in any other Commission proceeding, case, docket, | ||||||
13 | order, rule, or regulation; however, nothing in this | ||||||
14 | paragraph (3) shall prohibit a party from petitioning the | ||||||
15 | Commission to rehear or appeal to the courts the order | ||||||
16 | under the provisions of this Act. | ||||||
17 | (e)
Beginning on June 1, 2017 (the effective date of | ||||||
18 | Public Act 99-906), a utility subject to the requirements of | ||||||
19 | this Section may elect to defer, as a regulatory asset, up to | ||||||
20 | the full amount of its expenditures incurred under this | ||||||
21 | Section for each annual period, including, but not limited to, | ||||||
22 | any expenditures incurred above the funding level set by | ||||||
23 | subsection (f) of this Section for a given year. The total | ||||||
24 | expenditures deferred as a regulatory asset in a given year | ||||||
25 | shall be amortized and recovered over a period that is equal to | ||||||
26 | the weighted average of the energy efficiency measure lives |
| |||||||
| |||||||
1 | implemented for that year that are reflected in the regulatory | ||||||
2 | asset. The unamortized balance shall be recognized as of | ||||||
3 | December 31 for a given year. The utility shall also earn a | ||||||
4 | return on the total of the unamortized balances of all of the | ||||||
5 | energy efficiency regulatory assets, less any deferred taxes | ||||||
6 | related to those unamortized balances, at an annual rate equal | ||||||
7 | to the utility's weighted average cost of capital that | ||||||
8 | includes, based on a year-end capital structure, the utility's | ||||||
9 | actual cost of debt for the applicable calendar year and a cost | ||||||
10 | of equity, which shall be calculated as the sum of the (i) the | ||||||
11 | average for the applicable calendar year of the monthly | ||||||
12 | average yields of 30-year U.S. Treasury bonds published by the | ||||||
13 | Board of Governors of the Federal Reserve System in its weekly | ||||||
14 | H.15 Statistical Release or successor publication; and (ii) | ||||||
15 | 580 basis points, including a revenue conversion factor | ||||||
16 | calculated to recover or refund all additional income taxes | ||||||
17 | that may be payable or receivable as a result of that return. | ||||||
18 | Capital investment costs shall be depreciated and recovered | ||||||
19 | over their useful lives consistent with generally accepted | ||||||
20 | accounting principles. The weighted average cost of capital | ||||||
21 | shall be applied to the capital investment cost balance, less | ||||||
22 | any accumulated depreciation and accumulated deferred income | ||||||
23 | taxes, as of December 31 for a given year. | ||||||
24 | When an electric utility creates a regulatory asset under | ||||||
25 | the provisions of this Section, the costs are recovered over a | ||||||
26 | period during which customers also receive a benefit which is |
| |||||||
| |||||||
1 | in the public interest. Accordingly, it is the intent of the | ||||||
2 | General Assembly that an electric utility that elects to | ||||||
3 | create a regulatory asset under the provisions of this Section | ||||||
4 | shall recover all of the associated costs as set forth in this | ||||||
5 | Section. After the Commission has approved the prudence and | ||||||
6 | reasonableness of the costs that comprise the regulatory | ||||||
7 | asset, the electric utility shall be permitted to recover all | ||||||
8 | such costs, and the value and recoverability through rates of | ||||||
9 | the associated regulatory asset shall not be limited, altered, | ||||||
10 | impaired, or reduced. | ||||||
11 | (f) Beginning in 2017, each electric utility shall file an | ||||||
12 | energy efficiency plan with the Commission to meet the energy | ||||||
13 | efficiency standards for the next applicable multi-year period | ||||||
14 | beginning January 1 of the year following the filing, | ||||||
15 | according to the schedule set forth in paragraphs (1) through | ||||||
16 | (3) of this subsection (f). If a utility does not file such a | ||||||
17 | plan on or before the applicable filing deadline for the plan, | ||||||
18 | it shall face a penalty of $100,000 per day until the plan is | ||||||
19 | filed. | ||||||
20 | (1) No later than 30 days after June 1, 2017 (the | ||||||
21 | effective date of Public Act 99-906), each electric | ||||||
22 | utility shall file a 4-year energy efficiency plan | ||||||
23 | commencing on January 1, 2018 that is designed to achieve | ||||||
24 | the cumulative persisting annual savings goals specified | ||||||
25 | in paragraphs (1) through (4) of subsection (b-5) of this | ||||||
26 | Section or in paragraphs (1) through (4) of subsection |
| |||||||
| |||||||
1 | (b-15) of this Section, as applicable, through | ||||||
2 | implementation of energy efficiency measures; however, the | ||||||
3 | goals may be reduced if the utility's expenditures are | ||||||
4 | limited pursuant to subsection (m) of this Section or, for | ||||||
5 | a utility that serves less than 3,000,000 retail | ||||||
6 | customers, if each of the following conditions are met: | ||||||
7 | (A) the plan's analysis and forecasts of the utility's | ||||||
8 | ability to acquire energy savings demonstrate that | ||||||
9 | achievement of such goals is not cost effective; and (B) | ||||||
10 | the amount of energy savings achieved by the utility as | ||||||
11 | determined by the independent evaluator for the most | ||||||
12 | recent year for which savings have been evaluated | ||||||
13 | preceding the plan filing was less than the average annual | ||||||
14 | amount of savings required to achieve the goals for the | ||||||
15 | applicable 4-year plan period. Except as provided in | ||||||
16 | subsection (m) of this Section, annual increases in | ||||||
17 | cumulative persisting annual savings goals during the | ||||||
18 | applicable 4-year plan period shall not be reduced to | ||||||
19 | amounts that are less than the maximum amount of | ||||||
20 | cumulative persisting annual savings that is forecast to | ||||||
21 | be cost-effectively achievable during the 4-year plan | ||||||
22 | period. The Commission shall review any proposed goal | ||||||
23 | reduction as part of its review and approval of the | ||||||
24 | utility's proposed plan. | ||||||
25 | (2) No later than March 1, 2021, each electric utility | ||||||
26 | shall file a 4-year energy efficiency plan commencing on |
| |||||||
| |||||||
1 | January 1, 2022 that is designed to achieve the cumulative | ||||||
2 | persisting annual savings goals specified in paragraphs | ||||||
3 | (5) through (8) of subsection (b-5) of this Section or in | ||||||
4 | paragraphs (5) through (8) of subsection (b-15) of this | ||||||
5 | Section, as applicable, through implementation of energy | ||||||
6 | efficiency measures; however, the goals may be reduced if | ||||||
7 | either (1) clear and convincing evidence demonstrates, | ||||||
8 | through independent analysis, that the expenditure limits
| ||||||
9 | in subsection (m) of this Section preclude full | ||||||
10 | achievement of the goals or (2) each of the following | ||||||
11 | conditions are met: (A) the plan's analysis and forecasts | ||||||
12 | of the utility's ability to acquire energy savings | ||||||
13 | demonstrate by clear and convincing evidence and through | ||||||
14 | independent analysis that achievement of such goals is not | ||||||
15 | cost effective; and (B) the amount of energy savings | ||||||
16 | achieved by the utility as determined by the independent | ||||||
17 | evaluator for the most recent year for which savings have | ||||||
18 | been evaluated preceding the plan filing was less than the | ||||||
19 | average annual amount of savings required to achieve the | ||||||
20 | goals for the applicable 4-year plan period. If there is | ||||||
21 | not clear and convincing evidence that achieving the | ||||||
22 | savings goals specified in paragraph (b-5) or (b-15) of | ||||||
23 | this Section is possible both cost-effectively and within | ||||||
24 | the expenditure limits in subsection (m), such savings | ||||||
25 | goals shall not be reduced. Except as provided in | ||||||
26 | subsection (m) of this Section, annual increases in |
| |||||||
| |||||||
1 | cumulative persisting annual savings goals during the | ||||||
2 | applicable 4-year plan period shall not be reduced to | ||||||
3 | amounts that are less than the maximum amount of | ||||||
4 | cumulative persisting annual savings that is forecast to | ||||||
5 | be cost-effectively achievable during the 4-year plan | ||||||
6 | period. The Commission shall review any proposed goal | ||||||
7 | reduction as part of its review and approval of the | ||||||
8 | utility's proposed plan. | ||||||
9 | (3) No later than March 1, 2025, each electric utility | ||||||
10 | shall file a 4-year energy efficiency plan commencing on | ||||||
11 | January 1, 2026 that is designed to achieve the cumulative | ||||||
12 | persisting annual savings goals specified in paragraphs | ||||||
13 | (9) through (12) of subsection (b-5) of this Section or in | ||||||
14 | paragraphs (9) through (12) of subsection (b-15) of this | ||||||
15 | Section, as applicable, through implementation of energy | ||||||
16 | efficiency measures; however, the goals may be reduced if | ||||||
17 | either (1) clear and convincing evidence demonstrates, | ||||||
18 | through independent analysis, that the expenditure limits | ||||||
19 | in subsection (m) of this Section preclude full | ||||||
20 | achievement of the goals or (2) each of the following | ||||||
21 | conditions are met: (A) the plan's analysis and forecasts | ||||||
22 | of the utility's ability to acquire energy savings | ||||||
23 | demonstrate by clear and convincing evidence and through | ||||||
24 | independent analysis that achievement of such goals is not | ||||||
25 | cost effective; and (B) the amount of energy savings | ||||||
26 | achieved by the utility as determined by the independent |
| |||||||
| |||||||
1 | evaluator for the most recent year for which savings have | ||||||
2 | been evaluated preceding the plan filing was less than the | ||||||
3 | average annual amount of savings required to achieve the | ||||||
4 | goals for the applicable 4-year plan period. If there is | ||||||
5 | not clear and convincing evidence that achieving the | ||||||
6 | savings goals specified in paragraphs (b-5) or (b-15) of | ||||||
7 | this Section is possible both cost-effectively and within | ||||||
8 | the expenditure limits in subsection (m), such savings | ||||||
9 | goals shall not be reduced. Except as provided in | ||||||
10 | subsection (m) of this Section, annual increases in | ||||||
11 | cumulative persisting annual savings goals during the | ||||||
12 | applicable 4-year plan period shall not be reduced to | ||||||
13 | amounts that are less than the maximum amount of | ||||||
14 | cumulative persisting annual savings that is forecast to | ||||||
15 | be cost-effectively achievable during the 4-year plan | ||||||
16 | period. The Commission shall review any proposed goal | ||||||
17 | reduction as part of its review and approval of the | ||||||
18 | utility's proposed plan. | ||||||
19 | (4) No later than March 1, 2029, and every 4 years | ||||||
20 | thereafter, each electric utility shall file a 4-year | ||||||
21 | energy efficiency plan commencing on January 1, 2030, and | ||||||
22 | every 4 years thereafter, respectively, that is designed | ||||||
23 | to achieve the cumulative persisting annual savings goals | ||||||
24 | established by the Illinois Commerce Commission pursuant | ||||||
25 | to direction of subsections (b-5) and (b-15) of this | ||||||
26 | Section, as applicable, through implementation of energy |
| |||||||
| |||||||
1 | efficiency measures; however, the goals may be reduced if | ||||||
2 | either (1) clear and convincing evidence and independent | ||||||
3 | analysis demonstrates that the expenditure limits in | ||||||
4 | subsection (m) of this Section preclude full achievement | ||||||
5 | of the goals or (2) each of the following conditions are | ||||||
6 | met: (A) the plan's analysis and forecasts of the | ||||||
7 | utility's ability to acquire energy savings demonstrate by | ||||||
8 | clear and convincing evidence and through independent | ||||||
9 | analysis that achievement of such goals is not | ||||||
10 | cost-effective; and (B) the amount of energy savings | ||||||
11 | achieved by the utility as determined by the independent | ||||||
12 | evaluator for the most recent year for which savings have | ||||||
13 | been evaluated preceding the plan filing was less than the | ||||||
14 | average annual amount of savings required to achieve the | ||||||
15 | goals for the applicable 4-year plan period. If there is | ||||||
16 | not clear and convincing evidence that achieving the | ||||||
17 | savings goals specified in paragraphs (b-5) or (b-15) of | ||||||
18 | this Section is possible both cost-effectively and within | ||||||
19 | the expenditure limits in subsection (m), such savings | ||||||
20 | goals shall not be reduced. Except as provided in | ||||||
21 | subsection (m) of this Section, annual increases in | ||||||
22 | cumulative persisting annual savings goals during the | ||||||
23 | applicable 4-year plan period shall not be reduced to | ||||||
24 | amounts that are less than the maximum amount of | ||||||
25 | cumulative persisting annual savings that is forecast to | ||||||
26 | be cost-effectively achievable during the 4-year plan |
| |||||||
| |||||||
1 | period. The Commission shall review any proposed goal | ||||||
2 | reduction as part of its review and approval of the | ||||||
3 | utility's proposed plan. | ||||||
4 | Each utility's plan shall set forth the utility's | ||||||
5 | proposals to meet the energy efficiency standards identified | ||||||
6 | in subsection (b-5) or (b-15), as applicable and as such | ||||||
7 | standards may have been modified under this subsection (f), | ||||||
8 | taking into account the unique circumstances of the utility's | ||||||
9 | service territory. For those plans commencing on January 1, | ||||||
10 | 2018, the Commission shall seek public comment on the | ||||||
11 | utility's plan and shall issue an order approving or | ||||||
12 | disapproving each plan no later than 105 days after June 1, | ||||||
13 | 2017 (the effective date of Public Act 99-906). For those | ||||||
14 | plans commencing after December 31, 2021, the Commission shall | ||||||
15 | seek public comment on the utility's plan and shall issue an | ||||||
16 | order approving or disapproving each plan within 6 months | ||||||
17 | after its submission. If the Commission disapproves a plan, | ||||||
18 | the Commission shall, within 30 days, describe in detail the | ||||||
19 | reasons for the disapproval and describe a path by which the | ||||||
20 | utility may file a revised draft of the plan to address the | ||||||
21 | Commission's concerns satisfactorily. If the utility does not | ||||||
22 | refile with the Commission within 60 days, the utility shall | ||||||
23 | be subject to penalties at a rate of $100,000 per day until the | ||||||
24 | plan is filed. This process shall continue, and penalties | ||||||
25 | shall accrue, until the utility has successfully filed a | ||||||
26 | portfolio of energy efficiency and demand-response measures. |
| |||||||
| |||||||
1 | Penalties shall be deposited into the Energy Efficiency Trust | ||||||
2 | Fund. | ||||||
3 | (g) In submitting proposed plans and funding levels under | ||||||
4 | subsection (f) of this Section to meet the savings goals | ||||||
5 | identified in subsection (b-5) or (b-15) of this Section, as | ||||||
6 | applicable, the utility shall: | ||||||
7 | (1) Demonstrate that its proposed energy efficiency | ||||||
8 | measures will achieve the applicable requirements that are | ||||||
9 | identified in subsection (b-5) or (b-15) of this Section, | ||||||
10 | as modified by subsection (f) of this Section. | ||||||
11 | (2) (Blank). | ||||||
12 | (2.5) Demonstrate consideration of program options for | ||||||
13 | (A) advancing new building codes, appliance standards, and | ||||||
14 | municipal regulations governing existing and new building | ||||||
15 | efficiency improvements and (B) supporting efforts to | ||||||
16 | improve compliance with new building codes, appliance | ||||||
17 | standards and municipal regulations, as potentially | ||||||
18 | cost-effective means of acquiring energy savings to count | ||||||
19 | toward savings goals. | ||||||
20 | (3) Demonstrate that its overall portfolio of | ||||||
21 | measures, not including low-income programs described in | ||||||
22 | subsection (c) of this Section, is cost-effective using | ||||||
23 | the total resource cost test or complies with paragraphs | ||||||
24 | (1) through (3) of subsection (f) of this Section and | ||||||
25 | represents a diverse cross-section of opportunities for | ||||||
26 | customers of all rate classes, other than those customers |
| |||||||
| |||||||
1 | described in subsection (l) of this Section, to | ||||||
2 | participate in the programs. Individual measures need not | ||||||
3 | be cost effective. | ||||||
4 | (3.5) Demonstrate that the utility's plan integrates | ||||||
5 | the delivery of energy efficiency programs with natural | ||||||
6 | gas efficiency programs, programs promoting distributed | ||||||
7 | solar, programs promoting demand response and other | ||||||
8 | efforts to address bill payment issues, including, but not | ||||||
9 | limited to, LIHEAP and the Percentage of Income Payment | ||||||
10 | Plan, to the extent such integration is practical and has | ||||||
11 | the potential to enhance customer engagement, minimize | ||||||
12 | market confusion, or reduce administrative costs. | ||||||
13 | (4) Present a third-party energy efficiency | ||||||
14 | implementation program subject to the following | ||||||
15 | requirements: | ||||||
16 | (A) beginning with the year commencing January 1, | ||||||
17 | 2019, electric utilities that serve more than | ||||||
18 | 3,000,000 retail customers in the State shall fund | ||||||
19 | third-party energy efficiency programs in an amount | ||||||
20 | that is no less than $25,000,000 per year, and | ||||||
21 | electric utilities that serve less than 3,000,000 | ||||||
22 | retail customers but more than 500,000 retail | ||||||
23 | customers in the State shall fund third-party energy | ||||||
24 | efficiency programs in an amount that is no less than | ||||||
25 | $8,350,000 per year; | ||||||
26 | (B) during 2018, the utility shall conduct a |
| |||||||
| |||||||
1 | solicitation process for purposes of requesting | ||||||
2 | proposals from third-party vendors for those | ||||||
3 | third-party energy efficiency programs to be offered | ||||||
4 | during one or more of the years commencing January 1, | ||||||
5 | 2019, January 1, 2020, and January 1, 2021; for those | ||||||
6 | multi-year plans commencing on January 1, 2022 and | ||||||
7 | January 1, 2026, the utility shall conduct a | ||||||
8 | solicitation process during 2021 and 2025, | ||||||
9 | respectively, for purposes of requesting proposals | ||||||
10 | from third-party vendors for those third-party energy | ||||||
11 | efficiency programs to be offered during one or more | ||||||
12 | years of the respective multi-year plan period; for | ||||||
13 | each solicitation process, the utility shall identify | ||||||
14 | the sector, technology, or geographical area for which | ||||||
15 | it is seeking requests for proposals; the solicitation | ||||||
16 | process must be either for programs that fill gaps in | ||||||
17 | the utility's program portfolio and for programs that | ||||||
18 | target low-income customers, business sectors, | ||||||
19 | building types, geographies, or other specific parts | ||||||
20 | of its customer base with initiatives that would be | ||||||
21 | more effective at reaching these customer segments | ||||||
22 | than the utilities' programs filed in its energy | ||||||
23 | efficiency plans; | ||||||
24 | (C) the utility shall propose the bidder | ||||||
25 | qualifications, performance measurement process, and | ||||||
26 | contract structure, which must include a performance |
| |||||||
| |||||||
1 | payment mechanism and general terms and conditions; | ||||||
2 | the proposed qualifications, process, and structure | ||||||
3 | shall be subject to Commission approval; and | ||||||
4 | (D) the utility shall retain an independent third | ||||||
5 | party to score the proposals received through the | ||||||
6 | solicitation process described in this paragraph (4), | ||||||
7 | rank them according to their cost per lifetime | ||||||
8 | kilowatt-hours saved, and assemble the portfolio of | ||||||
9 | third-party programs. | ||||||
10 | The electric utility shall recover all costs | ||||||
11 | associated with Commission-approved, third-party | ||||||
12 | administered programs regardless of the success of those | ||||||
13 | programs. | ||||||
14 | (4.5) Implement cost-effective demand-response | ||||||
15 | measures to reduce peak demand by 0.1% over the prior year | ||||||
16 | for eligible retail customers, as defined in Section | ||||||
17 | 16-111.5 of this Act, and for customers that elect hourly | ||||||
18 | service from the utility pursuant to Section 16-107 of | ||||||
19 | this Act, provided those customers have not been declared | ||||||
20 | competitive. This requirement continues until December 31, | ||||||
21 | 2026. | ||||||
22 | (5) Include a proposed or revised cost-recovery tariff | ||||||
23 | mechanism, as provided for under subsection (d) of this | ||||||
24 | Section, to fund the proposed energy efficiency and | ||||||
25 | demand-response measures and to ensure the recovery of the | ||||||
26 | prudently and reasonably incurred costs of |
| |||||||
| |||||||
1 | Commission-approved programs. | ||||||
2 | (6) Provide for an annual independent evaluation of | ||||||
3 | the performance of the cost-effectiveness of the utility's | ||||||
4 | portfolio of measures, as well as a full review of the | ||||||
5 | multi-year plan results of the broader net program impacts | ||||||
6 | and, to the extent practical, for adjustment of the | ||||||
7 | measures on a going-forward basis as a result of the | ||||||
8 | evaluations. The resources dedicated to evaluation shall | ||||||
9 | not exceed 3% of portfolio resources in any given year. | ||||||
10 | (7) For electric utilities that serve more than | ||||||
11 | 3,000,000 retail customers in the State: | ||||||
12 | (A) Through December 31, 2025, provide for an | ||||||
13 | adjustment to the return on equity component of the | ||||||
14 | utility's weighted average cost of capital calculated | ||||||
15 | under subsection (d) of this Section: | ||||||
16 | (i) If the independent evaluator determines | ||||||
17 | that the utility achieved a cumulative persisting | ||||||
18 | annual savings that is less than the applicable | ||||||
19 | annual incremental goal, then the return on equity | ||||||
20 | component shall be reduced by a maximum of 200 | ||||||
21 | basis points in the event that the utility | ||||||
22 | achieved no more than 75% of such goal. If the | ||||||
23 | utility achieved more than 75% of the applicable | ||||||
24 | annual incremental goal but less than 100% of such | ||||||
25 | goal, then the return on equity component shall be | ||||||
26 | reduced by 8 basis points for each percent by |
| |||||||
| |||||||
1 | which the utility failed to achieve the goal. | ||||||
2 | (ii) If the independent evaluator determines | ||||||
3 | that the utility achieved a cumulative persisting | ||||||
4 | annual savings that is more than the applicable | ||||||
5 | annual incremental goal, then the return on equity | ||||||
6 | component shall be increased by a maximum of 200 | ||||||
7 | basis points in the event that the utility | ||||||
8 | achieved at least 125% of such goal. If the | ||||||
9 | utility achieved more than 100% of the applicable | ||||||
10 | annual incremental goal but less than 125% of such | ||||||
11 | goal, then the return on equity component shall be | ||||||
12 | increased by 8 basis points for each percent by | ||||||
13 | which the utility achieved above the goal. If the | ||||||
14 | applicable annual incremental goal was reduced | ||||||
15 | under paragraph paragraphs (1) or (2) of | ||||||
16 | subsection (f) of this Section, then the following | ||||||
17 | adjustments shall be made to the calculations | ||||||
18 | described in this item (ii): | ||||||
19 | (aa) the calculation for determining | ||||||
20 | achievement that is at least 125% of the | ||||||
21 | applicable annual incremental goal shall use | ||||||
22 | the unreduced applicable annual incremental | ||||||
23 | goal to set the value; and | ||||||
24 | (bb) the calculation for determining | ||||||
25 | achievement that is less than 125% but more | ||||||
26 | than 100% of the applicable annual incremental |
| |||||||
| |||||||
1 | goal shall use the reduced applicable annual | ||||||
2 | incremental goal to set the value for 100% | ||||||
3 | achievement of the goal and shall use the | ||||||
4 | unreduced goal to set the value for 125% | ||||||
5 | achievement. The 8 basis point value shall | ||||||
6 | also be modified, as necessary, so that the | ||||||
7 | 200 basis points are evenly apportioned among | ||||||
8 | each percentage point value between 100% and | ||||||
9 | 125% achievement. | ||||||
10 | (B) For the period January 1, 2026 through | ||||||
11 | December 31, 2029 and in all subsequent 4-year | ||||||
12 | periods, provide for an adjustment to the return on | ||||||
13 | equity component of the utility's weighted average | ||||||
14 | cost of capital calculated under subsection (d) of | ||||||
15 | this Section: | ||||||
16 | (i) If the independent evaluator determines | ||||||
17 | that the utility achieved a cumulative persisting | ||||||
18 | annual savings that is less than the applicable | ||||||
19 | annual incremental goal, then the return on equity | ||||||
20 | component shall be reduced by a maximum of 200 | ||||||
21 | basis points in the event that the utility | ||||||
22 | achieved no more than 66% of such goal. If the | ||||||
23 | utility achieved more than 66% of the applicable | ||||||
24 | annual incremental goal but less than 100% of such | ||||||
25 | goal, then the return on equity component shall be | ||||||
26 | reduced by 6 basis points for each percent by |
| |||||||
| |||||||
1 | which the utility failed to achieve the goal. | ||||||
2 | (ii) If the independent evaluator determines | ||||||
3 | that the utility achieved a cumulative persisting | ||||||
4 | annual savings that is more than the applicable | ||||||
5 | annual incremental goal, then the return on equity | ||||||
6 | component shall be increased by a maximum of 200 | ||||||
7 | basis points in the event that the utility | ||||||
8 | achieved at least 134% of such goal. If the | ||||||
9 | utility achieved more than 100% of the applicable | ||||||
10 | annual incremental goal but less than 134% of such | ||||||
11 | goal, then the return on equity component shall be | ||||||
12 | increased by 6 basis points for each percent by | ||||||
13 | which the utility achieved above the goal. If the | ||||||
14 | applicable annual incremental goal was reduced | ||||||
15 | under paragraph (3) of subsection (f) of this | ||||||
16 | Section, then the following adjustments shall be | ||||||
17 | made to the calculations described in this item | ||||||
18 | (ii): | ||||||
19 | (aa) the calculation for determining | ||||||
20 | achievement that is at least 134% of the | ||||||
21 | applicable annual incremental goal shall use | ||||||
22 | the unreduced applicable annual incremental | ||||||
23 | goal to set the value; and | ||||||
24 | (bb) the calculation for determining | ||||||
25 | achievement that is less than 134% but more | ||||||
26 | than 100% of the applicable annual incremental |
| |||||||
| |||||||
1 | goal shall use the reduced applicable annual | ||||||
2 | incremental goal to set the value for 100% | ||||||
3 | achievement of the goal and shall use the | ||||||
4 | unreduced goal to set the value for 134% | ||||||
5 | achievement. The 6 basis point value shall | ||||||
6 | also be modified, as necessary, so that the | ||||||
7 | 200 basis points are evenly apportioned among | ||||||
8 | each percentage point value between 100% and | ||||||
9 | 134% achievement. | ||||||
10 | (C) Notwithstanding the provisions of | ||||||
11 | subparagraphs (A) and (B) of this paragraph (7), if | ||||||
12 | the applicable annual incremental goal for an electric | ||||||
13 | utility is ever less than 0.6% of deemed average | ||||||
14 | weather normalized sales of electric power and energy | ||||||
15 | during calendar years 2014, 2015, and 2016, an | ||||||
16 | adjustment to the return on equity component of the | ||||||
17 | utility's weighted average cost of capital calculated | ||||||
18 | under subsection (d) of this Section shall be made as | ||||||
19 | follows: | ||||||
20 | (i) If the independent evaluator determines | ||||||
21 | that the utility achieved a cumulative persisting | ||||||
22 | annual savings that is less than would have been | ||||||
23 | achieved had the applicable annual incremental | ||||||
24 | goal been achieved, then the return on equity | ||||||
25 | component shall be reduced by a maximum of 200 | ||||||
26 | basis points if the utility achieved no more than |
| |||||||
| |||||||
1 | 75% of its applicable annual total savings | ||||||
2 | requirement as defined in paragraph (7.5) of this | ||||||
3 | subsection. If the utility achieved more than 75% | ||||||
4 | of the applicable annual total savings requirement | ||||||
5 | but less than 100% of such goal, then the return on | ||||||
6 | equity component shall be reduced by 8 basis | ||||||
7 | points for each percent by which the utility | ||||||
8 | failed to achieve the goal. | ||||||
9 | (ii) If the independent evaluator determines | ||||||
10 | that the utility achieved a cumulative persisting | ||||||
11 | annual savings that is more than would have been | ||||||
12 | achieved had the applicable annual incremental | ||||||
13 | goal been achieved, then the return on equity | ||||||
14 | component shall be increased by a maximum of 200 | ||||||
15 | basis points if the utility achieved at least 125% | ||||||
16 | of its applicable annual total savings | ||||||
17 | requirement. If the utility achieved more than | ||||||
18 | 100% of the applicable annual total savings | ||||||
19 | requirement but less than 125% of such goal, then | ||||||
20 | the return on equity component shall be increased | ||||||
21 | by 8 basis points for each percent by which the | ||||||
22 | utility achieved above the applicable annual total | ||||||
23 | savings requirement. If the applicable annual | ||||||
24 | incremental goal was reduced under paragraph (1) | ||||||
25 | or (2) of subsection (f) of this Section, then the | ||||||
26 | following adjustments shall be made to the |
| |||||||
| |||||||
1 | calculations described in this item (ii): | ||||||
2 | (aa) the calculation for determining | ||||||
3 | achievement that is at least 125% of the | ||||||
4 | applicable annual total savings requirement | ||||||
5 | shall use the unreduced applicable annual | ||||||
6 | incremental goal to set the value; and | ||||||
7 | (bb) the calculation for determining | ||||||
8 | achievement that is less than 125% but more | ||||||
9 | than 100% of the applicable annual total | ||||||
10 | savings requirement shall use the reduced | ||||||
11 | applicable annual incremental goal to set the | ||||||
12 | value for 100% achievement of the goal and | ||||||
13 | shall use the unreduced goal to set the value | ||||||
14 | for 125% achievement. The 8 basis point value | ||||||
15 | shall also be modified, as necessary, so that | ||||||
16 | the 200 basis points are evenly apportioned | ||||||
17 | among each percentage point value between 100% | ||||||
18 | and 125% achievement. | ||||||
19 | (7.5) For purposes of this Section, the term | ||||||
20 | "applicable
annual incremental goal" means the difference | ||||||
21 | between the
cumulative persisting annual savings goal for | ||||||
22 | the calendar
year that is the subject of the independent | ||||||
23 | evaluator's
determination and the cumulative persisting | ||||||
24 | annual savings
goal for the immediately preceding calendar | ||||||
25 | year, as such
goals are defined in subsections (b-5) and | ||||||
26 | (b-15) of this
Section and as these goals may have been |
| |||||||
| |||||||
1 | modified as
provided for under subsection (b-20) and | ||||||
2 | paragraphs (1)
through (3) of subsection (f) of this | ||||||
3 | Section. Under
subsections (b), (b-5), (b-10), and (b-15) | ||||||
4 | of this Section,
a utility must first replace energy | ||||||
5 | savings from measures
that have expired before any | ||||||
6 | progress towards achievement of its
applicable annual | ||||||
7 | incremental goal may be counted. Savings may expire | ||||||
8 | because measures installed in previous years have reached | ||||||
9 | the end of their lives, because measures installed in | ||||||
10 | previous years are producing lower savings in the current | ||||||
11 | year than in the previous year, or for other reasons | ||||||
12 | identified by independent evaluators.
Notwithstanding | ||||||
13 | anything else set forth in this Section,
the difference | ||||||
14 | between the actual annual incremental
savings achieved in | ||||||
15 | any given year, including the
replacement of energy | ||||||
16 | savings that have
expired, and the applicable annual | ||||||
17 | incremental goal shall
not affect adjustments to the | ||||||
18 | return on equity for
subsequent calendar years under this | ||||||
19 | subsection (g). | ||||||
20 | In this Section, "applicable annual total savings | ||||||
21 | requirement" means the total amount of new annual savings | ||||||
22 | that the utility must achieve in any given year to achieve | ||||||
23 | the applicable annual incremental goal. This is equal to | ||||||
24 | the applicable annual incremental goal plus the total new | ||||||
25 | annual savings that are required to replace savings that | ||||||
26 | expired in or at the end of the previous year. |
| |||||||
| |||||||
1 | (8) For electric utilities that serve less than | ||||||
2 | 3,000,000 retail customers but more than 500,000 retail | ||||||
3 | customers in the State: | ||||||
4 | (A) Through December 31, 2025, the applicable | ||||||
5 | annual incremental goal shall be compared to the | ||||||
6 | annual incremental savings as determined by the | ||||||
7 | independent evaluator. | ||||||
8 | (i) The return on equity component shall be | ||||||
9 | reduced by 8 basis points for each percent by | ||||||
10 | which the utility did not achieve 84.4% of the | ||||||
11 | applicable annual incremental goal. | ||||||
12 | (ii) The return on equity component shall be | ||||||
13 | increased by 8 basis points for each percent by | ||||||
14 | which the utility exceeded 100% of the applicable | ||||||
15 | annual incremental goal. | ||||||
16 | (iii) The return on equity component shall not | ||||||
17 | be increased or decreased if the annual | ||||||
18 | incremental savings as determined by the | ||||||
19 | independent evaluator is greater than 84.4% of the | ||||||
20 | applicable annual incremental goal and less than | ||||||
21 | 100% of the applicable annual incremental goal. | ||||||
22 | (iv) The return on equity component shall not | ||||||
23 | be increased or decreased by an amount greater | ||||||
24 | than 200 basis points pursuant to this | ||||||
25 | subparagraph (A). | ||||||
26 | (B) For the period of January 1, 2026 through |
| |||||||
| |||||||
1 | December 31, 2029 and in all subsequent 4-year | ||||||
2 | periods, the applicable annual incremental goal shall | ||||||
3 | be compared to the annual incremental savings as | ||||||
4 | determined by the independent evaluator. | ||||||
5 | (i) The return on equity component shall be | ||||||
6 | reduced by 6 basis points for each percent by | ||||||
7 | which the utility did not achieve 100% of the | ||||||
8 | applicable annual incremental goal. | ||||||
9 | (ii) The return on equity component shall be | ||||||
10 | increased by 6 basis points for each percent by | ||||||
11 | which the utility exceeded 100% of the applicable | ||||||
12 | annual incremental goal. | ||||||
13 | (iii) The return on equity component shall not | ||||||
14 | be increased or decreased by an amount greater | ||||||
15 | than 200 basis points pursuant to this | ||||||
16 | subparagraph (B). | ||||||
17 | (C) Notwithstanding provisions in subparagraphs | ||||||
18 | (A) and (B) of paragraph (7) of this subsection, if the | ||||||
19 | applicable annual incremental goal for an electric | ||||||
20 | utility is ever less than 0.6% of deemed average | ||||||
21 | weather normalized sales of electric power and energy | ||||||
22 | during calendar years 2014, 2015 and 2016, an | ||||||
23 | adjustment to the return on equity component of the | ||||||
24 | utility's weighted average cost of capital calculated | ||||||
25 | under subsection (d) of this Section shall be made as | ||||||
26 | follows: |
| |||||||
| |||||||
1 | (i) The return on equity component shall be | ||||||
2 | reduced by 8 basis points for each percent by | ||||||
3 | which the utility did not achieve 100% of the | ||||||
4 | applicable annual total savings requirement. | ||||||
5 | (ii) The return on equity component shall be | ||||||
6 | increased by 8 basis points for each percent by | ||||||
7 | which the utility exceeded 100% of the applicable | ||||||
8 | annual total savings requirement. | ||||||
9 | (iii) The return on equity component shall not | ||||||
10 | be increased or decreased by an amount greater | ||||||
11 | than 200 basis points pursuant to this | ||||||
12 | subparagraph (C). | ||||||
13 | (D) If the applicable annual incremental goal was | ||||||
14 | reduced under paragraph (1), (2), (3), or (4) of | ||||||
15 | subsection (f) of this Section, then the following | ||||||
16 | adjustments shall be made to the calculations | ||||||
17 | described in subparagraphs (A), (B), and (C) of this | ||||||
18 | paragraph (8): | ||||||
19 | (i) The calculation for determining | ||||||
20 | achievement that is at least 125% or 134%, as | ||||||
21 | applicable, of the applicable annual incremental | ||||||
22 | goal or the applicable annual total savings | ||||||
23 | requirement, as applicable, shall use the | ||||||
24 | unreduced applicable annual incremental goal to | ||||||
25 | set the value. | ||||||
26 | (ii) For the period through December 31, 2025, |
| |||||||
| |||||||
1 | the calculation for determining achievement that | ||||||
2 | is less than 125% but more than 100% of the | ||||||
3 | applicable annual incremental goal or the | ||||||
4 | applicable annual total savings requirement, as | ||||||
5 | applicable, shall use the reduced applicable | ||||||
6 | annual incremental goal to set the value for 100% | ||||||
7 | achievement of the goal and shall use the | ||||||
8 | unreduced goal to set the value for 125% | ||||||
9 | achievement. The 8 basis point value shall also be | ||||||
10 | modified, as necessary, so that the 200 basis | ||||||
11 | points are evenly apportioned among each | ||||||
12 | percentage point value between 100% and 125% | ||||||
13 | achievement. | ||||||
14 | (iii) For the period of January 1, 2026 | ||||||
15 | through December 31, 2029 and all subsequent | ||||||
16 | 4-year periods, the calculation for determining | ||||||
17 | achievement that is less than 125% or 134%, as | ||||||
18 | applicable, but more than 100% of the applicable | ||||||
19 | annual incremental goal or the applicable annual | ||||||
20 | total savings requirement, as applicable, shall | ||||||
21 | use the reduced applicable annual incremental goal | ||||||
22 | to set the value for 100% achievement of the goal | ||||||
23 | and shall use the unreduced goal to set the value | ||||||
24 | for 125% achievement. The 6 basis-point value or 8 | ||||||
25 | basis-point value, as applicable, shall also be | ||||||
26 | modified, as necessary, so that the 200 basis |
| |||||||
| |||||||
1 | points are evenly apportioned among each | ||||||
2 | percentage point value between 100% and 125% or | ||||||
3 | between 100% and 134% achievement, as applicable. | ||||||
4 | (9) The utility shall submit the energy savings data | ||||||
5 | to the independent evaluator no later than 30 days after | ||||||
6 | the close of the plan year. The independent evaluator | ||||||
7 | shall determine the cumulative persisting annual savings | ||||||
8 | for a given plan year, as well as an estimate of job | ||||||
9 | impacts and other macroeconomic impacts of the efficiency | ||||||
10 | programs for that year, no later than 120 days after the | ||||||
11 | close of the plan year. The utility shall submit an | ||||||
12 | informational filing to the Commission no later than 160 | ||||||
13 | days after the close of the plan year that attaches the | ||||||
14 | independent evaluator's final report identifying the | ||||||
15 | cumulative persisting annual savings for the year and | ||||||
16 | calculates, under paragraph (7) or (8) of this subsection | ||||||
17 | (g), as applicable, any resulting change to the utility's | ||||||
18 | return on equity component of the weighted average cost of | ||||||
19 | capital applicable to the next plan year beginning with | ||||||
20 | the January monthly billing period and extending through | ||||||
21 | the December monthly billing period. However, if the | ||||||
22 | utility recovers the costs incurred under this Section | ||||||
23 | under paragraphs (2) and (3) of subsection (d) of this | ||||||
24 | Section, then the utility shall not be required to submit | ||||||
25 | such informational filing, and shall instead submit the | ||||||
26 | information that would otherwise be included in the |
| |||||||
| |||||||
1 | informational filing as part of its filing under paragraph | ||||||
2 | (3) of such subsection (d) that is due on or before June 1 | ||||||
3 | of each year. | ||||||
4 | For those utilities that must submit the informational | ||||||
5 | filing, the Commission may, on its own motion or by | ||||||
6 | petition, initiate an investigation of such filing, | ||||||
7 | provided, however, that the utility's proposed return on | ||||||
8 | equity calculation shall be deemed the final, approved | ||||||
9 | calculation on December 15 of the year in which it is filed | ||||||
10 | unless the Commission enters an order on or before | ||||||
11 | December 15, after notice and hearing, that modifies such | ||||||
12 | calculation consistent with this Section. | ||||||
13 | The adjustments to the return on equity component | ||||||
14 | described in paragraphs (7) and (8) of this subsection (g) | ||||||
15 | shall be applied as described in such paragraphs through a | ||||||
16 | separate tariff mechanism, which shall be filed by the | ||||||
17 | utility under subsections (f) and (g) of this Section. | ||||||
18 | (9.5) The utility must demonstrate how it will ensure | ||||||
19 | that program implementation contractors and energy | ||||||
20 | efficiency installation vendors will promote workforce | ||||||
21 | equity and quality jobs. | ||||||
22 | (9.6) Utilities shall collect data necessary to ensure | ||||||
23 | compliance with paragraph (9.5) no less than quarterly and | ||||||
24 | shall communicate progress toward compliance with | ||||||
25 | paragraph (9.5) to program implementation contractors and | ||||||
26 | energy efficiency installation vendors no less than |
| |||||||
| |||||||
1 | quarterly. Utilities shall work with relevant vendors, | ||||||
2 | providing education, training, and other resources needed | ||||||
3 | to ensure compliance and, where necessary, adjusting or | ||||||
4 | terminating work with vendors that cannot assist with | ||||||
5 | compliance. | ||||||
6 | (10) Utilities required to implement efficiency | ||||||
7 | programs under subsections (b-5) and (b-10) shall report | ||||||
8 | annually to the Illinois Commerce Commission and the | ||||||
9 | General Assembly on how hiring, contracting, job training, | ||||||
10 | and other practices related to its energy efficiency | ||||||
11 | programs enhance the diversity of vendors working on such | ||||||
12 | programs. These reports must include data on vendor and | ||||||
13 | employee diversity, including data on the implementation | ||||||
14 | of paragraphs (9.5) and (9.6). If the utility is not | ||||||
15 | meeting the requirements of paragraphs (9.5) and (9.6), | ||||||
16 | the utility shall submit a plan to adjust their activities | ||||||
17 | so that they meet the requirements of paragraphs (9.5) and | ||||||
18 | (9.6) within the following year. | ||||||
19 | (h) No more than 4% of energy efficiency and | ||||||
20 | demand-response program revenue may be allocated for research, | ||||||
21 | development, or pilot deployment of new equipment or measures. | ||||||
22 | Electric utilities shall work with interested stakeholders to | ||||||
23 | formulate a plan for how these funds should be spent, | ||||||
24 | incorporate statewide approaches for these allocations, and | ||||||
25 | file a 4-year plan that demonstrates that collaboration. If a | ||||||
26 | utility files a request for modified annual energy savings |
| |||||||
| |||||||
1 | goals with the Commission, then a utility shall forgo spending | ||||||
2 | portfolio dollars on research and development proposals.
| ||||||
3 | (i) When practicable, electric utilities shall incorporate | ||||||
4 | advanced metering infrastructure data into the planning, | ||||||
5 | implementation, and evaluation of energy efficiency measures | ||||||
6 | and programs, subject to the data privacy and confidentiality | ||||||
7 | protections of applicable law. | ||||||
8 | (j) The independent evaluator shall follow the guidelines | ||||||
9 | and use the savings set forth in Commission-approved energy | ||||||
10 | efficiency policy manuals and technical reference manuals, as | ||||||
11 | each may be updated from time to time. Until such time as | ||||||
12 | measure life values for energy efficiency measures implemented | ||||||
13 | for low-income households under subsection (c) of this Section | ||||||
14 | are incorporated into such Commission-approved manuals, the | ||||||
15 | low-income measures shall have the same measure life values | ||||||
16 | that are established for same measures implemented in | ||||||
17 | households that are not low-income households. | ||||||
18 | (k) Notwithstanding any provision of law to the contrary, | ||||||
19 | an electric utility subject to the requirements of this | ||||||
20 | Section may file a tariff cancelling an automatic adjustment | ||||||
21 | clause tariff in effect under this Section or Section 8-103, | ||||||
22 | which shall take effect no later than one business day after | ||||||
23 | the date such tariff is filed. Thereafter, the utility shall | ||||||
24 | be authorized to defer and recover its expenditures incurred | ||||||
25 | under this Section through a new tariff authorized under | ||||||
26 | subsection (d) of this Section or in the utility's next rate |
| |||||||
| |||||||
1 | case under Article IX or Section 16-108.5 of this Act, with | ||||||
2 | interest at an annual rate equal to the utility's weighted | ||||||
3 | average cost of capital as approved by the Commission in such | ||||||
4 | case. If the utility elects to file a new tariff under | ||||||
5 | subsection (d) of this Section, the utility may file the | ||||||
6 | tariff within 10 days after June 1, 2017 (the effective date of | ||||||
7 | Public Act 99-906), and the cost inputs to such tariff shall be | ||||||
8 | based on the projected costs to be incurred by the utility | ||||||
9 | during the calendar year in which the new tariff is filed and | ||||||
10 | that were not recovered under the tariff that was cancelled as | ||||||
11 | provided for in this subsection. Such costs shall include | ||||||
12 | those incurred or to be incurred by the utility under its | ||||||
13 | multi-year plan approved under subsections (f) and (g) of this | ||||||
14 | Section, including, but not limited to, projected capital | ||||||
15 | investment costs and projected regulatory asset balances with | ||||||
16 | correspondingly updated depreciation and amortization reserves | ||||||
17 | and expense. The Commission shall, after notice and hearing, | ||||||
18 | approve, or approve with modification, such tariff and cost | ||||||
19 | inputs no later than 75 days after the utility filed the | ||||||
20 | tariff, provided that such approval, or approval with | ||||||
21 | modification, shall be consistent with the provisions of this | ||||||
22 | Section to the extent they do not conflict with this | ||||||
23 | subsection (k). The tariff approved by the Commission shall | ||||||
24 | take effect no later than 5 days after the Commission enters | ||||||
25 | its order approving the tariff. | ||||||
26 | No later than 60 days after the effective date of the |
| |||||||
| |||||||
1 | tariff cancelling the utility's automatic adjustment clause | ||||||
2 | tariff, the utility shall file a reconciliation that | ||||||
3 | reconciles the moneys collected under its automatic adjustment | ||||||
4 | clause tariff with the costs incurred during the period | ||||||
5 | beginning June 1, 2016 and ending on the date that the electric | ||||||
6 | utility's automatic adjustment clause tariff was cancelled. In | ||||||
7 | the event the reconciliation reflects an under-collection, the | ||||||
8 | utility shall recover the costs as specified in this | ||||||
9 | subsection (k). If the reconciliation reflects an | ||||||
10 | over-collection, the utility shall apply the amount of such | ||||||
11 | over-collection as a one-time credit to retail customers' | ||||||
12 | bills. | ||||||
13 | (l) For the calendar years covered by a multi-year plan
| ||||||
14 | commencing after December 31, 2017, subsections (a) through
| ||||||
15 | (j) of this Section do not apply to eligible large private
| ||||||
16 | energy customers that have chosen to opt out of multi-year
| ||||||
17 | plans consistent with this subsection
(1). | ||||||
18 | (1) For purposes of this subsection (l), "eligible
| ||||||
19 | large private energy customer" means any retail
customers, | ||||||
20 | except for federal, State, municipal, and other
public | ||||||
21 | customers, of an electric utility that serves more
than | ||||||
22 | 3,000,000 retail customers, except for federal,
State, | ||||||
23 | municipal and other public customers, in the State
and | ||||||
24 | whose total highest 30 minute demand was more than
10,000 | ||||||
25 | kilowatts, or any retail customers of an electric
utility | ||||||
26 | that serves less than 3,000,000 retail customers
but more |
| |||||||
| |||||||
1 | than 500,000 retail customers in the State and
whose total | ||||||
2 | highest 15 minute demand was more than 10,000
kilowatts. | ||||||
3 | For purposes of this subsection (l), "retail
customer" has | ||||||
4 | the meaning set forth in Section 16-102 of
this Act. | ||||||
5 | However, for a business entity with multiple sites located | ||||||
6 | in the State, where at least one of those sites qualifies | ||||||
7 | as an eligible large private energy customer, then any of | ||||||
8 | that business entity's sites, properly identified on a | ||||||
9 | form for notice, shall be considered eligible large | ||||||
10 | private energy customers for the purposes of this | ||||||
11 | subsection (l). A determination of whether this subsection | ||||||
12 | is
applicable to a customer shall be made for each | ||||||
13 | multi-year
plan beginning after December 31, 2017. The | ||||||
14 | criteria for
determining whether this subsection (l) is | ||||||
15 | applicable to a
retail customer shall be based on the 12 | ||||||
16 | consecutive
billing periods prior to the start of the | ||||||
17 | first year of
each such multi-year plan. | ||||||
18 | (2) Within 45 days after September 15, 2021 ( the | ||||||
19 | effective date of Public Act 102-662) this amendatory Act | ||||||
20 | of the 102nd General Assembly , the Commission shall | ||||||
21 | prescribe the form for notice
required for opting out of | ||||||
22 | energy efficiency programs. The
notice must be submitted | ||||||
23 | to the retail electric utility 12 months
before the next | ||||||
24 | energy efficiency planning cycle. However, within 120 days | ||||||
25 | after the Commission's initial issuance of the form for | ||||||
26 | notice, eligible large private energy customers may submit |
| |||||||
| |||||||
1 | a form for notice to an electric utility. The form for | ||||||
2 | notice for opting out of energy efficiency programs shall
| ||||||
3 | include all of the following: | ||||||
4 | (A) a statement indicating that the customer has
| ||||||
5 | elected to opt out; | ||||||
6 | (B) the account numbers for the customer accounts | ||||||
7 | to
which the opt out shall apply; | ||||||
8 | (C) the mailing address associated with the
| ||||||
9 | customer accounts identified under subparagraph (B); | ||||||
10 | (D) an American Society of Heating, Refrigerating,
| ||||||
11 | and Air-Conditioning Engineers (ASHRAE) level 2 or
| ||||||
12 | higher audit report conducted by an independent | ||||||
13 | third-party expert identifying cost-effective energy
| ||||||
14 | efficiency project opportunities that could be
| ||||||
15 | invested in over the next 10 years. A retail customer | ||||||
16 | with specialized processes may utilize a self-audit | ||||||
17 | process in lieu of the ASHRAE audit; | ||||||
18 | (E) a description of the customer's plans to
| ||||||
19 | reallocate the funds toward internal energy efficiency
| ||||||
20 | efforts identified in the subparagraph (D) report,
| ||||||
21 | including, but not limited to: (i) strategic energy
| ||||||
22 | management or other programs, including descriptions
| ||||||
23 | of targeted buildings, equipment and operations; (ii)
| ||||||
24 | eligible energy efficiency measures; and (iii)
| ||||||
25 | expected energy savings, itemized by technology. If | ||||||
26 | the subparagraph (D) audit report identifies that the |
| |||||||
| |||||||
1 | customer currently utilizes the best available energy | ||||||
2 | efficient technology, equipment, programs, and | ||||||
3 | operations, the customer may provide a statement that | ||||||
4 | more efficient technology, equipment, programs, and | ||||||
5 | operations are not reasonably available as a means of | ||||||
6 | satisfying this subparagraph (E); and | ||||||
7 | (F) the effective date of the opt out, which will
| ||||||
8 | be the next January 1 following notice of the opt out. | ||||||
9 | (3) Upon receipt of a properly and timely noticed
| ||||||
10 | request for opt out submitted by an eligible large private
| ||||||
11 | energy customer, the retail electric utility shall grant | ||||||
12 | the
request, file the request with the Commission and,
| ||||||
13 | beginning January 1 of the following year, the opted out
| ||||||
14 | customer shall no longer be assessed the costs of the plan
| ||||||
15 | and shall be prohibited from participating in that
4-year | ||||||
16 | plan cycle to give the retail utility the
certainty to | ||||||
17 | design program plan proposals. | ||||||
18 | (4) Upon a customer's election to opt out under
| ||||||
19 | paragraphs (1) and (2) of this subsection (l) and
| ||||||
20 | commencing on the effective date of said opt out, the
| ||||||
21 | account properly identified in the customer's notice under
| ||||||
22 | paragraph (2) shall not be subject to any cost recovery
| ||||||
23 | and shall not be eligible to participate in, or directly
| ||||||
24 | benefit from, compliance with energy efficiency cumulative
| ||||||
25 | persisting savings requirements under subsections (a)
| ||||||
26 | through (j). |
| |||||||
| |||||||
1 | (5) A utility's cumulative persisting annual savings
| ||||||
2 | targets will exclude any opted out load. | ||||||
3 | (6) The request to opt out is only valid for the
| ||||||
4 | requested plan cycle. An eligible large private energy
| ||||||
5 | customer must also request to opt out for future energy
| ||||||
6 | plan cycles, otherwise the customer will be included in
| ||||||
7 | the future energy plan cycle. | ||||||
8 | (m) Notwithstanding the requirements of this Section, as | ||||||
9 | part of a proceeding to approve a multi-year plan under | ||||||
10 | subsections (f) and (g) of this Section if the multi-year plan | ||||||
11 | has been designed to maximize savings, but does not meet the | ||||||
12 | cost cap limitations of this Section, the Commission shall | ||||||
13 | reduce the amount of energy efficiency measures implemented | ||||||
14 | for any single year, and whose costs are recovered under | ||||||
15 | subsection (d) of this Section, by an amount necessary to | ||||||
16 | limit the estimated average net increase due to the cost of the | ||||||
17 | measures to no more than | ||||||
18 | (1) 3.5% for each of the 4 years beginning January 1, | ||||||
19 | 2018, | ||||||
20 | (2) (blank), | ||||||
21 | (3) 4% for each of the 4 years beginning January 1, | ||||||
22 | 2022, | ||||||
23 | (4) 4.25% for the 4 years beginning January 1, 2026, | ||||||
24 | and | ||||||
25 | (5) 4.25% plus an increase sufficient to account for | ||||||
26 | the rate of inflation between January 1, 2026 and January |
| |||||||
| |||||||
1 | 1 of the first year of each subsequent 4-year plan cycle, | ||||||
2 | of the average amount paid per kilowatthour by residential | ||||||
3 | eligible retail customers during calendar year 2015. An | ||||||
4 | electric utility may plan to spend up to 10% more in any year | ||||||
5 | during an applicable multi-year plan period to | ||||||
6 | cost-effectively achieve additional savings so long as the | ||||||
7 | average over the applicable multi-year plan period does not | ||||||
8 | exceed the percentages defined in items (1) through (5). To | ||||||
9 | determine the total amount that may be spent by an electric | ||||||
10 | utility in any single year, the applicable percentage of the | ||||||
11 | average amount paid per kilowatthour shall be multiplied by | ||||||
12 | the total amount of energy delivered by such electric utility | ||||||
13 | in the calendar year 2015, adjusted to reflect the proportion | ||||||
14 | of the utility's load attributable to customers that have | ||||||
15 | opted out of subsections (a) through (j) of this Section under | ||||||
16 | subsection (l) of this Section. For purposes of this | ||||||
17 | subsection (m), the amount paid per kilowatthour includes,
| ||||||
18 | without limitation, estimated amounts paid for supply,
| ||||||
19 | transmission, distribution, surcharges, and add-on taxes. For | ||||||
20 | purposes of this Section, "eligible retail customers" shall | ||||||
21 | have the meaning set forth in Section 16-111.5 of this Act. | ||||||
22 | Once the Commission has approved a plan under subsections (f) | ||||||
23 | and (g) of this Section, no subsequent rate impact | ||||||
24 | determinations shall be made. | ||||||
25 | (n) A utility shall take advantage of the efficiencies | ||||||
26 | available through existing Illinois Home Weatherization |
| |||||||
| |||||||
1 | Assistance Program infrastructure and services, such as | ||||||
2 | enrollment, marketing, quality assurance and implementation, | ||||||
3 | which can reduce the need for similar services at a lower cost | ||||||
4 | than utility-only programs, subject to capacity constraints at | ||||||
5 | community action agencies, for both single-family and | ||||||
6 | multifamily weatherization services, to the extent Illinois | ||||||
7 | Home Weatherization Assistance Program community action | ||||||
8 | agencies provide multifamily services. A utility's plan shall | ||||||
9 | demonstrate that in formulating annual weatherization budgets, | ||||||
10 | it has sought input and coordination with community action | ||||||
11 | agencies regarding agencies' capacity to expand and maximize | ||||||
12 | Illinois Home Weatherization Assistance Program delivery using | ||||||
13 | the ratepayer dollars collected under this Section.
| ||||||
14 | (Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21; | ||||||
15 | revised 2-28-22.) | ||||||
16 | Section 180. The Child Care Act of 1969 is amended by | ||||||
17 | changing Sections 2.09, 2.11, 2.18, 2.20, 3, 4.5, 5, 5.1, 5.3, | ||||||
18 | 5.5, 5.6, 5.8, 5.9, 5.10, 5.11, 6, 7, 7.10, 9.1c, 9.2, and 12 | ||||||
19 | as follows:
| ||||||
20 | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
| ||||||
21 | Sec. 2.09.
" Child Day care center" means any child care | ||||||
22 | facility which regularly
provides child day care for less than | ||||||
23 | 24 hours per day for (1) more than 8 children
in a family home, | ||||||
24 | or (2) more than 3 children in a facility other than a
family |
| |||||||
| |||||||
1 | home, including senior citizen buildings. | ||||||
2 | The term does not include:
| ||||||
3 | (a)
programs operated by (i) public or private | ||||||
4 | elementary school systems or
secondary level school units | ||||||
5 | or institutions of higher learning that
serve children who | ||||||
6 | shall have attained the age of 3 years or (ii) private
| ||||||
7 | entities on the grounds of public or private elementary or
| ||||||
8 | secondary schools and that serve children who have | ||||||
9 | attained the age of 3
years, except that this exception | ||||||
10 | applies only to the facility and not to the
private | ||||||
11 | entities' personnel operating the program;
| ||||||
12 | (b)
programs
or that portion of the program which | ||||||
13 | serves children who shall have attained
the age of 3 years | ||||||
14 | and which are recognized by the State Board of Education;
| ||||||
15 | (c) educational program or programs serving children | ||||||
16 | who shall have attained
the age of 3 years and which are | ||||||
17 | operated by a school which is registered
with the State | ||||||
18 | Board of Education and which is recognized or accredited
| ||||||
19 | by a recognized national or multistate
educational | ||||||
20 | organization or association which regularly recognizes or | ||||||
21 | accredits
schools; | ||||||
22 | (d) programs which exclusively serve or that portion | ||||||
23 | of the
program which serves children with disabilities who | ||||||
24 | shall have attained the age
of 3 years but are less than 21 | ||||||
25 | years of age and which are registered and
approved as | ||||||
26 | meeting standards of the State Board of Education and
|
| |||||||
| |||||||
1 | applicable fire marshal standards; | ||||||
2 | (e) facilities operated in connection
with a shopping | ||||||
3 | center or service, religious services, or other similar
| ||||||
4 | facility, where transient children are cared for | ||||||
5 | temporarily while parents
or custodians of the children | ||||||
6 | are occupied on the premises and readily
available; | ||||||
7 | (f) any type of child day care center that is
| ||||||
8 | conducted on federal government premises; | ||||||
9 | (g) special activities
programs, including athletics, | ||||||
10 | crafts instruction, and similar activities
conducted on an | ||||||
11 | organized and periodic basis by civic, charitable and
| ||||||
12 | governmental organizations; | ||||||
13 | (h) part day child care facilities, as
defined in | ||||||
14 | Section 2.10 of this Act; | ||||||
15 | (i) programs or that portion of
the program which: | ||||||
16 | (1) serves children who shall have attained the | ||||||
17 | age of
3 years; | ||||||
18 | (2) is operated by churches or religious | ||||||
19 | institutions as described
in Section 501(c)(3) of the | ||||||
20 | federal Internal Revenue Code; | ||||||
21 | (3) receives
no governmental aid; | ||||||
22 | (4) is operated as a component of a religious, | ||||||
23 | nonprofit
elementary school; | ||||||
24 | (5) operates primarily to provide religious | ||||||
25 | education;
and | ||||||
26 | (6) meets appropriate State or local health and |
| |||||||
| |||||||
1 | fire safety standards; or | ||||||
2 | (j) programs or portions of programs that: | ||||||
3 | (1) serve only school-age children and youth | ||||||
4 | (defined as full-time kindergarten children, as | ||||||
5 | defined in 89 Ill. Adm. Code 407.45, or older); | ||||||
6 | (2) are organized to promote childhood learning, | ||||||
7 | child and youth development, educational or | ||||||
8 | recreational activities, or character-building; | ||||||
9 | (3) operate primarily during out-of-school time or | ||||||
10 | at times when school is not normally in session; | ||||||
11 | (4) comply with the standards of the Illinois | ||||||
12 | Department of Public Health (77 Ill. Adm. Code 750) or | ||||||
13 | the local health department, the Illinois State Fire | ||||||
14 | Marshal (41 Ill. Adm. Code 100), and the following | ||||||
15 | additional health and safety requirements: procedures | ||||||
16 | for employee and volunteer emergency preparedness and | ||||||
17 | practice drills; procedures to ensure that first aid | ||||||
18 | kits are maintained and ready to use; the placement of | ||||||
19 | a minimum level of liability insurance as determined | ||||||
20 | by the Department; procedures for the availability of | ||||||
21 | a working telephone that is onsite and accessible at | ||||||
22 | all times; procedures to ensure that emergency phone | ||||||
23 | numbers are posted onsite; and a restriction on | ||||||
24 | handgun or weapon possession onsite, except if | ||||||
25 | possessed by a peace officer; | ||||||
26 | (5) perform and maintain authorization and results |
| |||||||
| |||||||
1 | of criminal history checks through the Illinois State | ||||||
2 | Police and FBI and checks of the Illinois Sex Offender | ||||||
3 | Registry, the National Sex Offender Registry, and | ||||||
4 | Child Abuse and Neglect Tracking System for employees | ||||||
5 | and volunteers who work directly with children; | ||||||
6 | (6) make hiring decisions in accordance with the | ||||||
7 | prohibitions against barrier crimes as specified in | ||||||
8 | Section 4.2 of this Act or in Section 21B-80 of the | ||||||
9 | School Code; | ||||||
10 | (7) provide parents with written disclosure that | ||||||
11 | the operations of the program are not regulated by | ||||||
12 | licensing requirements; and | ||||||
13 | (8) obtain and maintain records showing the first | ||||||
14 | and last name and date of birth of the child, name, | ||||||
15 | address, and telephone number of each parent, | ||||||
16 | emergency contact information, and written | ||||||
17 | authorization for medical care. | ||||||
18 | Programs or portions of programs requesting Child Care | ||||||
19 | Assistance Program (CCAP) funding and otherwise meeting the | ||||||
20 | requirements under item (j) shall request exemption from the | ||||||
21 | Department and be determined exempt prior to receiving funding | ||||||
22 | and must annually meet the eligibility requirements and be | ||||||
23 | appropriate for payment under the CCAP. | ||||||
24 | Programs or portions of programs under item (j) that do | ||||||
25 | not receive State or federal funds must comply with staff | ||||||
26 | qualification and training standards established by rule by |
| |||||||
| |||||||
1 | the Department of Human Services. The Department of Human | ||||||
2 | Services shall set such standards after review of Afterschool | ||||||
3 | for Children and Teens Now (ACT Now) evidence-based quality | ||||||
4 | standards developed for school-age out-of-school time | ||||||
5 | programs, feedback from the school-age out-of-school time | ||||||
6 | program professionals, and review of out-of-school time | ||||||
7 | professional development frameworks and quality tools. | ||||||
8 | Out-of-school time programs for school-age youth that | ||||||
9 | receive State or federal funds must comply with only those | ||||||
10 | staff qualifications and training standards set for the | ||||||
11 | program by the State or federal entity issuing the funds.
| ||||||
12 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
13 | Section,
"children who shall have attained the age of 3 years" | ||||||
14 | shall mean children
who are 3 years of age, but less than 4 | ||||||
15 | years of age, at the time of
enrollment in the program.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; | ||||||
17 | 100-201, eff. 8-18-17.)
| ||||||
18 | (225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)
| ||||||
19 | Sec. 2.11.
" Child Day care agency" means any person, group | ||||||
20 | of persons, public
or private agency, association or | ||||||
21 | organization which undertakes to provide
one or more child day | ||||||
22 | care homes with
administrative
services including, but not | ||||||
23 | limited to, consultation, technical assistance,
training, | ||||||
24 | supervision, evaluation and provision of or referral to health
| ||||||
25 | and social services under contractual arrangement.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-126.)
| ||||||
2 | (225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)
| ||||||
3 | Sec. 2.18.
" Child Day care homes" means family homes which | ||||||
4 | receive
more than 3 up to a maximum of 12 children for less | ||||||
5 | than 24 hours per day.
The number counted includes the | ||||||
6 | family's natural or adopted children and
all other persons | ||||||
7 | under the age of 12. The term does not include facilities
which | ||||||
8 | receive only children from a single household.
| ||||||
9 | (Source: P.A. 87-674.)
| ||||||
10 | (225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)
| ||||||
11 | Sec. 2.20.
"Group child day care home" means a family home | ||||||
12 | which receives
more than 3 up to a maximum of 16 children for | ||||||
13 | less than 24 hours per day.
The number counted includes the | ||||||
14 | family's natural or adopted children and
all other persons | ||||||
15 | under the age of 12.
| ||||||
16 | (Source: P.A. 87-675)
| ||||||
17 | (225 ILCS 10/3) (from Ch. 23, par. 2213)
| ||||||
18 | Sec. 3.
(a) No person, group of persons or corporation may | ||||||
19 | operate or
conduct any facility for child care, as defined in | ||||||
20 | this Act, without a
license or permit issued by the Department | ||||||
21 | or without being approved by
the Department as meeting the | ||||||
22 | standards established for such licensing,
with the exception | ||||||
23 | of facilities for whom standards are established by the
|
| |||||||
| |||||||
1 | Department of Corrections under Section 3-15-2 of the Unified | ||||||
2 | Code of
Corrections and with the exception of facilities | ||||||
3 | defined in Section 2.10
of this Act, and with the exception of | ||||||
4 | programs or facilities licensed by
the Department of Human | ||||||
5 | Services under the Substance Use Disorder Act.
| ||||||
6 | (b) No part day child care facility as described in | ||||||
7 | Section 2.10 may operate
without written notification to the | ||||||
8 | Department or without complying with
Section 7.1. Notification | ||||||
9 | shall include a notarized statement by the facility
that the | ||||||
10 | facility complies with state or local health standards and | ||||||
11 | state
fire safety standards, and shall be filed with the | ||||||
12 | department every 2 years.
| ||||||
13 | (c) The Director of the Department shall establish | ||||||
14 | policies and coordinate
activities relating to child care | ||||||
15 | licensing, licensing of child day care homes
and child day | ||||||
16 | care centers.
| ||||||
17 | (d) Any facility or agency which is exempt from licensing | ||||||
18 | may apply for
licensing if licensing is required for some | ||||||
19 | government benefit. | ||||||
20 | (e) A provider of child day care described in items (a) | ||||||
21 | through (j) of Section 2.09 of this Act is exempt from | ||||||
22 | licensure. The Department shall provide written verification | ||||||
23 | of exemption and description of compliance with standards for | ||||||
24 | the health, safety, and development of the children who | ||||||
25 | receive the services upon submission by the provider of, in | ||||||
26 | addition to any other documentation required by the |
| |||||||
| |||||||
1 | Department, a notarized statement that the facility complies | ||||||
2 | with: (1) the standards of the Department of Public Health or | ||||||
3 | local health department, (2) the fire safety standards of the | ||||||
4 | State Fire Marshal, and (3) if operated in a public school | ||||||
5 | building, the health and safety standards of the State Board | ||||||
6 | of Education.
| ||||||
7 | (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .)
| ||||||
8 | (225 ILCS 10/4.5)
| ||||||
9 | Sec. 4.5. Children with disabilities; training.
| ||||||
10 | (a) An owner or operator of a licensed child day care home | ||||||
11 | or group child day care home
or the onsite executive director | ||||||
12 | of a licensed child day care center must
successfully complete | ||||||
13 | a basic training course in providing care to children
with | ||||||
14 | disabilities. The basic training course will also be made | ||||||
15 | available on a
voluntary basis to those providers who are | ||||||
16 | exempt from the licensure
requirements of this Act.
| ||||||
17 | (b) The Department of Children and Family Services shall | ||||||
18 | promulgate rules
establishing the requirements for basic | ||||||
19 | training in providing care to children
with disabilities.
| ||||||
20 | (Source: P.A. 92-164, eff. 1-1-02.)
| ||||||
21 | (225 ILCS 10/5) (from Ch. 23, par. 2215)
| ||||||
22 | Sec. 5.
(a) In respect to child care institutions, | ||||||
23 | maternity
centers, child welfare agencies, child day care | ||||||
24 | centers, child day care agencies
and group homes, the |
| |||||||
| |||||||
1 | Department, upon receiving application filed in
proper order, | ||||||
2 | shall examine the facilities and persons responsible for
care | ||||||
3 | of children therein.
| ||||||
4 | (b) In respect to foster family and child day care homes, | ||||||
5 | applications
may be filed on behalf of such homes by a licensed | ||||||
6 | child welfare agency,
by a State agency authorized to place | ||||||
7 | children in foster care or by
out-of-State agencies approved | ||||||
8 | by the Department to place children in
this State. In respect | ||||||
9 | to child day care homes, applications may be filed on
behalf of | ||||||
10 | such homes by a licensed child day care agency or licensed | ||||||
11 | child welfare
agency. In applying for license in behalf of a | ||||||
12 | home in which
children are placed by and remain under | ||||||
13 | supervision of the applicant
agency, such agency shall certify | ||||||
14 | that the home and persons responsible
for care of unrelated | ||||||
15 | children therein, or the home and relatives, as defined in | ||||||
16 | Section 2.17 of this Act, responsible
for the care of related | ||||||
17 | children therein, were found to be in reasonable
compliance | ||||||
18 | with standards prescribed by the Department for the type of
| ||||||
19 | care indicated.
| ||||||
20 | (c) The Department shall not allow any person to examine | ||||||
21 | facilities
under a provision of this Act who has not passed an | ||||||
22 | examination
demonstrating that such person is familiar with | ||||||
23 | this Act and with the
appropriate standards and regulations of | ||||||
24 | the Department.
| ||||||
25 | (d) With the exception of child day care centers, child | ||||||
26 | day care homes, and group child day
care homes, licenses shall |
| |||||||
| |||||||
1 | be issued in such form and manner as prescribed
by the | ||||||
2 | Department and are valid for 4 years from the date issued,
| ||||||
3 | unless
revoked by the Department or voluntarily surrendered by | ||||||
4 | the licensee.
Licenses issued for child day care centers, | ||||||
5 | child day care homes, and group child day care
homes
shall be | ||||||
6 | valid for 3 years from the date issued, unless revoked by the
| ||||||
7 | Department or voluntarily surrendered by the licensee. When
a | ||||||
8 | licensee has made timely and sufficient application for the | ||||||
9 | renewal of
a license or a new license with reference to any | ||||||
10 | activity of a continuing
nature, the existing license shall | ||||||
11 | continue in full force and effect for
up to 30 days until the | ||||||
12 | final agency decision on the application has been
made. The | ||||||
13 | Department may further extend the period in which such | ||||||
14 | decision
must be made in individual cases for up to 30 days, | ||||||
15 | but such extensions
shall be only upon good cause shown.
| ||||||
16 | (e) The Department may issue one 6-month permit to a newly
| ||||||
17 | established facility for child care to allow that facility | ||||||
18 | reasonable
time to become eligible for a full license. If the | ||||||
19 | facility for child care
is a foster family home, or child day | ||||||
20 | care home the Department may issue one
2-month permit only.
| ||||||
21 | (f) The Department may issue an emergency permit to a | ||||||
22 | child care
facility taking in children as a result of the | ||||||
23 | temporary closure for
more than 2 weeks of a licensed child | ||||||
24 | care facility due to a
natural disaster. An emergency permit | ||||||
25 | under this subsection shall be
issued to a facility only if the | ||||||
26 | persons providing child care services at
the facility were |
| |||||||
| |||||||
1 | employees of the temporarily closed child day care center at | ||||||
2 | the
time it was closed. No investigation of an employee of a | ||||||
3 | child care facility
receiving an emergency permit under this | ||||||
4 | subsection shall be required if that
employee has previously | ||||||
5 | been investigated at another child care facility. No
emergency | ||||||
6 | permit issued under this subsection shall be valid for more | ||||||
7 | than 90
days after the date of issuance.
| ||||||
8 | (g) During the hours of operation of any licensed child | ||||||
9 | care
facility, authorized representatives of the Department | ||||||
10 | may without
notice visit the facility for the purpose of | ||||||
11 | determining its continuing
compliance with this Act or | ||||||
12 | regulations adopted pursuant thereto.
| ||||||
13 | (h) Child Day care centers, child day care homes, and | ||||||
14 | group child day care homes shall be
monitored at least | ||||||
15 | annually by a licensing representative from the Department
or | ||||||
16 | the agency that recommended licensure.
| ||||||
17 | (Source: P.A. 98-804, eff. 1-1-15 .)
| ||||||
18 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
| ||||||
19 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
20 | Sec. 5.1. (a) The Department shall ensure that no child | ||||||
21 | day care center, group
home or child care institution as | ||||||
22 | defined in this Act shall on a regular
basis transport a child | ||||||
23 | or children with any motor vehicle unless such
vehicle is | ||||||
24 | operated by a person who complies with the following | ||||||
25 | requirements:
|
| |||||||
| |||||||
1 | 1. is 21 years of age or older;
| ||||||
2 | 2. currently holds a valid driver's license, which has | ||||||
3 | not been revoked
or suspended for one or more traffic | ||||||
4 | violations during the 3 years
immediately prior to the | ||||||
5 | date of application;
| ||||||
6 | 3. demonstrates physical fitness to operate vehicles | ||||||
7 | by submitting the
results of a medical examination | ||||||
8 | conducted by a licensed physician;
| ||||||
9 | 4. has not been convicted of more than 2 offenses | ||||||
10 | against traffic
regulations governing the movement of | ||||||
11 | vehicles within a twelve month period;
| ||||||
12 | 5. has not been convicted of reckless driving or | ||||||
13 | driving under the
influence or manslaughter or reckless | ||||||
14 | homicide resulting from the
operation of a motor vehicle | ||||||
15 | within the past 3 years;
| ||||||
16 | 6. has signed and submitted a written statement | ||||||
17 | certifying that he has
not, through the unlawful operation | ||||||
18 | of a motor vehicle, caused an accident
which resulted in | ||||||
19 | the death of any person within the 5 years immediately
| ||||||
20 | prior to the date of application.
| ||||||
21 | However, such child day care centers, group homes and | ||||||
22 | child care institutions
may provide for transportation of a | ||||||
23 | child or children for special outings,
functions or purposes | ||||||
24 | that are not scheduled on a regular basis without
verification | ||||||
25 | that drivers for such purposes meet the requirements of this
| ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (a-5) As a means of ensuring compliance with the | ||||||
2 | requirements set forth in subsection (a), the Department shall | ||||||
3 | implement appropriate measures to verify that every individual | ||||||
4 | who is employed at a group home or child care institution meets | ||||||
5 | those requirements. | ||||||
6 | For every individual employed at a group home or child | ||||||
7 | care institution who regularly transports children in the | ||||||
8 | course of performing his or her duties, the Department must | ||||||
9 | make the verification every 2 years. Upon the Department's | ||||||
10 | request, the Secretary of State shall provide the Department | ||||||
11 | with the information necessary to enable the Department to | ||||||
12 | make the verifications required under subsection (a). | ||||||
13 | In the case of an individual employed at a group home or | ||||||
14 | child care institution who becomes subject to subsection (a) | ||||||
15 | for the first time after the effective date of this amendatory | ||||||
16 | Act of the 94th General Assembly, the Department must make | ||||||
17 | that verification with the Secretary of State before the | ||||||
18 | individual operates a motor vehicle to transport a child or | ||||||
19 | children under the circumstances described in subsection (a). | ||||||
20 | In the case of an individual employed at a group home or | ||||||
21 | child care institution who is subject to subsection (a) on the | ||||||
22 | effective date of this amendatory Act of the 94th General | ||||||
23 | Assembly, the Department must make that verification with the | ||||||
24 | Secretary of State within 30 days after that effective date. | ||||||
25 | If the Department discovers that an individual fails to | ||||||
26 | meet the requirements set forth in subsection (a), the |
| |||||||
| |||||||
1 | Department shall promptly notify the appropriate group home or | ||||||
2 | child care institution.
| ||||||
3 | (b) Any individual who holds a valid Illinois school bus | ||||||
4 | driver permit
issued by the Secretary of State
pursuant to The | ||||||
5 | Illinois
Vehicle Code, and who is currently employed by a | ||||||
6 | school district or parochial
school, or by a contractor with a | ||||||
7 | school district or parochial school, to
drive a school bus | ||||||
8 | transporting children to and from school,
shall be deemed in | ||||||
9 | compliance with the requirements of subsection (a).
| ||||||
10 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
11 | revoke the
license of any child day care center, group home or | ||||||
12 | child care institution that
fails to meet the requirements of | ||||||
13 | this Section.
| ||||||
14 | (d) A group home or child care institution that
fails to | ||||||
15 | meet the requirements of this Section is guilty of a petty | ||||||
16 | offense and is subject to a fine of not more than $1,000. Each | ||||||
17 | day that a group home or child care institution fails to meet | ||||||
18 | the requirements of this Section is a separate offense.
| ||||||
19 | (Source: P.A. 94-943, eff. 1-1-07.)
| ||||||
20 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
21 | Sec. 5.1. (a) The Department shall ensure that no child | ||||||
22 | day care center, group
home or child care institution as | ||||||
23 | defined in this Act shall on a regular
basis transport a child | ||||||
24 | or children with any motor vehicle unless such
vehicle is | ||||||
25 | operated by a person who complies with the following |
| |||||||
| |||||||
1 | requirements:
| ||||||
2 | 1. is 21 years of age or older;
| ||||||
3 | 2. currently holds a valid driver's license, which has | ||||||
4 | not been revoked
or suspended for one or more traffic | ||||||
5 | violations during the 3 years
immediately prior to the | ||||||
6 | date of application;
| ||||||
7 | 3. demonstrates physical fitness to operate vehicles | ||||||
8 | by submitting the
results of a medical examination | ||||||
9 | conducted by a licensed physician;
| ||||||
10 | 4. has not been convicted of more than 2 offenses | ||||||
11 | against traffic
regulations governing the movement of | ||||||
12 | vehicles within a twelve month period;
| ||||||
13 | 5. has not been convicted of reckless driving or | ||||||
14 | driving under the
influence or manslaughter or reckless | ||||||
15 | homicide resulting from the
operation of a motor vehicle | ||||||
16 | within the past 3 years;
| ||||||
17 | 6. has signed and submitted a written statement | ||||||
18 | certifying that he has
not, through the unlawful operation | ||||||
19 | of a motor vehicle, caused a crash
which resulted in the | ||||||
20 | death of any person within the 5 years immediately
prior | ||||||
21 | to the date of application.
| ||||||
22 | However, such child day care centers, group homes and | ||||||
23 | child care institutions
may provide for transportation of a | ||||||
24 | child or children for special outings,
functions or purposes | ||||||
25 | that are not scheduled on a regular basis without
verification | ||||||
26 | that drivers for such purposes meet the requirements of this
|
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (a-5) As a means of ensuring compliance with the | ||||||
3 | requirements set forth in subsection (a), the Department shall | ||||||
4 | implement appropriate measures to verify that every individual | ||||||
5 | who is employed at a group home or child care institution meets | ||||||
6 | those requirements. | ||||||
7 | For every individual employed at a group home or child | ||||||
8 | care institution who regularly transports children in the | ||||||
9 | course of performing his or her duties, the Department must | ||||||
10 | make the verification every 2 years. Upon the Department's | ||||||
11 | request, the Secretary of State shall provide the Department | ||||||
12 | with the information necessary to enable the Department to | ||||||
13 | make the verifications required under subsection (a). | ||||||
14 | In the case of an individual employed at a group home or | ||||||
15 | child care institution who becomes subject to subsection (a) | ||||||
16 | for the first time after the effective date of this amendatory | ||||||
17 | Act of the 94th General Assembly, the Department must make | ||||||
18 | that verification with the Secretary of State before the | ||||||
19 | individual operates a motor vehicle to transport a child or | ||||||
20 | children under the circumstances described in subsection (a). | ||||||
21 | In the case of an individual employed at a group home or | ||||||
22 | child care institution who is subject to subsection (a) on the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly, the Department must make that verification with the | ||||||
25 | Secretary of State within 30 days after that effective date. | ||||||
26 | If the Department discovers that an individual fails to |
| |||||||
| |||||||
1 | meet the requirements set forth in subsection (a), the | ||||||
2 | Department shall promptly notify the appropriate group home or | ||||||
3 | child care institution.
| ||||||
4 | (b) Any individual who holds a valid Illinois school bus | ||||||
5 | driver permit
issued by the Secretary of State
pursuant to The | ||||||
6 | Illinois
Vehicle Code, and who is currently employed by a | ||||||
7 | school district or parochial
school, or by a contractor with a | ||||||
8 | school district or parochial school, to
drive a school bus | ||||||
9 | transporting children to and from school,
shall be deemed in | ||||||
10 | compliance with the requirements of subsection (a).
| ||||||
11 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
12 | revoke the
license of any child day care center, group home or | ||||||
13 | child care institution that
fails to meet the requirements of | ||||||
14 | this Section.
| ||||||
15 | (d) A group home or child care institution that
fails to | ||||||
16 | meet the requirements of this Section is guilty of a petty | ||||||
17 | offense and is subject to a fine of not more than $1,000. Each | ||||||
18 | day that a group home or child care institution fails to meet | ||||||
19 | the requirements of this Section is a separate offense.
| ||||||
20 | (Source: P.A. 102-982, eff. 7-1-23.)
| ||||||
21 | (225 ILCS 10/5.3)
| ||||||
22 | Sec. 5.3. Lunches in child day care homes. In order to | ||||||
23 | increase the
affordability and availability of child day care, | ||||||
24 | a child day care home licensed under this
Act may allow any
| ||||||
25 | child it receives to bring his or her lunch for consumption |
| |||||||
| |||||||
1 | instead of or in
addition to the lunch provided by the child | ||||||
2 | day care home.
| ||||||
3 | (Source: P.A. 90-242, eff. 1-1-98.)
| ||||||
4 | (225 ILCS 10/5.5)
| ||||||
5 | Sec. 5.5. Smoking in child day care facilities.
| ||||||
6 | (a) The General Assembly finds and declares that:
| ||||||
7 | (1) The U.S. government has determined that secondhand | ||||||
8 | tobacco smoke is a
major threat to public health for which | ||||||
9 | there is no safe level of exposure.
| ||||||
10 | (2) The U.S. Environmental Protection Agency recently | ||||||
11 | classified
secondhand tobacco smoke a Class A carcinogen, | ||||||
12 | ranking it with substances such
as asbestos and benzene.
| ||||||
13 | (3) According to U.S. government figures, secondhand | ||||||
14 | tobacco smoke is
linked to the lung-cancer deaths of an | ||||||
15 | estimated 3,000 nonsmokers per year.
| ||||||
16 | (4) Cigarette smoke is a special risk to children, | ||||||
17 | causing between 150,000
and 300,000 respiratory infections | ||||||
18 | each year in children under 18 months old,
and endangering | ||||||
19 | between 200,000 and one million children with asthma.
| ||||||
20 | (5) The health of the children of this State should | ||||||
21 | not be
compromised by needless exposure to secondhand | ||||||
22 | tobacco smoke.
| ||||||
23 | (b) It is a violation of this Act for any
person to smoke | ||||||
24 | tobacco in any
area of a child day care center.
| ||||||
25 | (c) It is a violation of this Act for any person
to smoke |
| |||||||
| |||||||
1 | tobacco in any area of a child day care home or group child day | ||||||
2 | care home.
| ||||||
3 | (d) It is a violation of this Act for any person | ||||||
4 | responsible for the
operation of a child day care center, | ||||||
5 | child day care home, or group child day care home to
knowingly | ||||||
6 | allow or encourage any violation of subsection (b) or (c) of | ||||||
7 | this
Section.
| ||||||
8 | (Source: P.A. 99-343, eff. 8-11-15.)
| ||||||
9 | (225 ILCS 10/5.6)
| ||||||
10 | Sec. 5.6. Pesticide and lawn care product application at | ||||||
11 | child day care centers.
| ||||||
12 | (a) Licensed child day care centers shall abide by the | ||||||
13 | requirements of Sections
10.2
and
10.3 of the Structural Pest | ||||||
14 | Control Act.
| ||||||
15 | (b) Notification required pursuant to Section 10.3 of the | ||||||
16 | Structural Pest
Control
Act may not be given more than 30 days | ||||||
17 | before the application of the pesticide.
| ||||||
18 | (c) Each licensed child day care center, subject to the | ||||||
19 | requirements of Section
10.3 of the Structural Pest Control | ||||||
20 | Act, must ensure that pesticides will
not
be
applied when | ||||||
21 | children are present at the center. Toys and other items | ||||||
22 | mouthed
or
handled by the children must be removed from the | ||||||
23 | area before pesticides are
applied.
Children must not return | ||||||
24 | to the treated area within 2 hours after a pesticide
| ||||||
25 | application or
as specified on the pesticide label, whichever |
| |||||||
| |||||||
1 | time is greater. | ||||||
2 | (d) The owners and operators of licensed child day care | ||||||
3 | centers must ensure that lawn care products will not be | ||||||
4 | applied to child day care center grounds when children are | ||||||
5 | present at the center or on its grounds. For the purpose of | ||||||
6 | this Section, "lawn care product" has the same meaning as that | ||||||
7 | term is defined in the Lawn Care Products Application and | ||||||
8 | Notice Act.
| ||||||
9 | (Source: P.A. 96-424, eff. 8-13-09.)
| ||||||
10 | (225 ILCS 10/5.8) | ||||||
11 | Sec. 5.8. Radon testing of licensed child day care | ||||||
12 | centers, licensed child day care homes, and licensed group | ||||||
13 | child day care homes. | ||||||
14 | (a) Effective January 1, 2013, licensed child day care | ||||||
15 | centers, licensed child day care homes, and licensed group | ||||||
16 | child day care homes shall have the facility tested for radon | ||||||
17 | at least once every 3 years pursuant to rules established by | ||||||
18 | the Illinois Emergency Management Agency. | ||||||
19 | (b) Effective January 1, 2014, as part of an initial | ||||||
20 | application or application for renewal of a license for child | ||||||
21 | day care centers, child day care homes, and group child day | ||||||
22 | care homes, the Department shall require proof the facility | ||||||
23 | has been tested within the last 3 years for radon pursuant to | ||||||
24 | rules established by the Illinois Emergency Management Agency. | ||||||
25 | (c) The report of the most current radon measurement shall |
| |||||||
| |||||||
1 | be posted in the facility next to the license issued by the | ||||||
2 | Department. Copies of the report shall be provided to parents | ||||||
3 | or guardians upon request. | ||||||
4 | (d) Included with the report referenced in subsection (c) | ||||||
5 | shall be the following statement: | ||||||
6 | "Every parent or guardian is notified that this | ||||||
7 | facility has performed radon measurements to ensure the | ||||||
8 | health and safety of the occupants. The Illinois Emergency | ||||||
9 | Management Agency (IEMA) recommends that all residential | ||||||
10 | homes be tested and that corrective actions be taken at | ||||||
11 | levels equal to or greater than 4.0 pCi/L. Radon is a Class | ||||||
12 | A human carcinogen, the leading cause of lung cancer in | ||||||
13 | non-smokers, and the second leading cause of lung cancer | ||||||
14 | overall. For additional information about this facility | ||||||
15 | contact the licensee and for additional information | ||||||
16 | regarding radon contact the IEMA Radon Program at | ||||||
17 | 800-325-1245 or on the Internet at | ||||||
18 | www.radon.illinois.gov.".
| ||||||
19 | (Source: P.A. 97-981, eff. 1-1-13.) | ||||||
20 | (225 ILCS 10/5.9) | ||||||
21 | Sec. 5.9. Lead testing of water in licensed child day care | ||||||
22 | centers, child day care homes and group child day care homes. | ||||||
23 | (a) On or before January 1, 2018, the Department, in | ||||||
24 | consultation with the Department of Public Health, shall adopt | ||||||
25 | rules that prescribe the procedures and standards to be used |
| |||||||
| |||||||
1 | by the Department in assessing levels of lead in water in | ||||||
2 | licensed child day care centers, child day care homes, and | ||||||
3 | group child day care homes constructed on or before January 1, | ||||||
4 | 2000 that serve children under the age of 6. Such rules shall, | ||||||
5 | at a minimum, include provisions regarding testing parameters, | ||||||
6 | the notification of sampling results, training requirements | ||||||
7 | for lead exposure and mitigation. | ||||||
8 | (b) After adoption of the rules required by subsection | ||||||
9 | (a), and as part of an initial application or application for | ||||||
10 | renewal of a license for child day care centers, child day care | ||||||
11 | homes, and group child day care homes, the Department shall | ||||||
12 | require proof that the applicant has complied with all such | ||||||
13 | rules.
| ||||||
14 | (Source: P.A. 99-922, eff. 1-17-17.) | ||||||
15 | (225 ILCS 10/5.10) | ||||||
16 | Sec. 5.10. Child care limitation on expulsions. Consistent | ||||||
17 | with the purposes of this amendatory Act of the 100th General | ||||||
18 | Assembly and the requirements therein under paragraph (7) of | ||||||
19 | subsection (a) of Section 2-3.71 of the School Code, the | ||||||
20 | Department, in consultation with the Governor's Office of | ||||||
21 | Early Childhood Development and the State Board of Education, | ||||||
22 | shall adopt rules prohibiting the use of expulsion due to a | ||||||
23 | child's persistent and serious challenging behaviors in | ||||||
24 | licensed child day care centers, child day care homes, and | ||||||
25 | group child day care homes. The rulemaking shall address, at a |
| |||||||
| |||||||
1 | minimum, requirements for licensees to establish intervention | ||||||
2 | and transition policies, notify parents of policies, document | ||||||
3 | intervention steps, and collect and report data on children | ||||||
4 | transitioning out of the program.
| ||||||
5 | (Source: P.A. 100-105, eff. 1-1-18 .) | ||||||
6 | (225 ILCS 10/5.11) | ||||||
7 | Sec. 5.11. Plan for anaphylactic shock. The Department | ||||||
8 | shall require each licensed child day care center, child day | ||||||
9 | care home, and group child day care home to have a plan for | ||||||
10 | anaphylactic shock to be followed for the prevention of | ||||||
11 | anaphylaxis and during a medical emergency resulting from | ||||||
12 | anaphylaxis. The plan should be based on the guidance and | ||||||
13 | recommendations provided by the American Academy of Pediatrics | ||||||
14 | relating to the management of food allergies or other | ||||||
15 | allergies. The plan should be shared with parents or guardians | ||||||
16 | upon enrollment at each licensed child day care center, child | ||||||
17 | day care home, and group child day care home. If a child | ||||||
18 | requires specific specialized treatment during an episode of | ||||||
19 | anaphylaxis, that child's treatment plan should be kept by the | ||||||
20 | staff of the child day care center, child day care home, or | ||||||
21 | group child day care home and followed in the event of an | ||||||
22 | emergency. Each licensed child day care center, child day care | ||||||
23 | home, and group child day care home shall have at least one | ||||||
24 | staff member present at all times who has taken a training | ||||||
25 | course in recognizing and responding to anaphylaxis.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-413, eff. 8-20-21.)
| ||||||
2 | (225 ILCS 10/6) (from Ch. 23, par. 2216)
| ||||||
3 | Sec. 6.
(a) A licensed facility operating as a "child care | ||||||
4 | institution",
"maternity center", "child welfare agency", | ||||||
5 | " child day care agency" or " child day care
center" must apply | ||||||
6 | for renewal of its license held, the application to be
made to | ||||||
7 | the Department on forms prescribed by it.
| ||||||
8 | (b) The Department, a duly licensed child welfare agency | ||||||
9 | or a suitable
agency or person designated by the Department as | ||||||
10 | its agent to do so, must
re-examine every child care facility | ||||||
11 | for renewal of license, including in
that process the | ||||||
12 | examination of the premises and records of the facility as
the | ||||||
13 | Department considers necessary to determine that minimum | ||||||
14 | standards for
licensing continue to be met, and random surveys | ||||||
15 | of parents or legal
guardians who are consumers of such | ||||||
16 | facilities' services to assess the
quality of care at such | ||||||
17 | facilities. In the case of foster family homes,
or child day | ||||||
18 | care homes under the supervision of or otherwise required to
| ||||||
19 | be licensed by the Department, or under supervision of a | ||||||
20 | licensed child
welfare agency or child day care agency, the | ||||||
21 | examination shall be made by the
Department, or agency | ||||||
22 | supervising such homes. If the Department is
satisfied that | ||||||
23 | the facility continues to maintain minimum standards which it
| ||||||
24 | prescribes and publishes, it shall renew the license to | ||||||
25 | operate the facility.
|
| |||||||
| |||||||
1 | (b-5) In the case of a quality of care concerns applicant | ||||||
2 | as defined in Section 2.22a of this Act, in addition to the | ||||||
3 | examination required in subsection (b) of this Section, the | ||||||
4 | Department shall not renew the license of a quality of care | ||||||
5 | concerns applicant unless the Department is satisfied that the | ||||||
6 | foster family home does not pose a risk to children and that | ||||||
7 | the foster family home will be able to meet the physical and | ||||||
8 | emotional needs of children. In making this determination, the | ||||||
9 | Department must obtain and carefully review all relevant | ||||||
10 | documents and shall obtain consultation from its Clinical | ||||||
11 | Division as appropriate and as prescribed by Department rule | ||||||
12 | and procedure. The Department has the authority to deny an | ||||||
13 | application for renewal based on a record of quality of care | ||||||
14 | concerns. In the alternative, the Department may (i) approve | ||||||
15 | the application for renewal subject to obtaining additional | ||||||
16 | information or assessments, (ii) approve the application for | ||||||
17 | renewal for purposes of placing or maintaining only a | ||||||
18 | particular child or children only in the foster home, or (iii) | ||||||
19 | approve the application for renewal. The Department shall | ||||||
20 | notify the quality of care concerns applicant of its decision | ||||||
21 | and the basis for its decision in writing. | ||||||
22 | (c) If a child care facility's license, other than a | ||||||
23 | license for a foster family home, is revoked, or if the
| ||||||
24 | Department refuses to renew a facility's license, the facility | ||||||
25 | may not
reapply for a license before the expiration of 12 | ||||||
26 | months following the
Department's action; provided, however, |
| |||||||
| |||||||
1 | that the denial of a reapplication
for a license pursuant to | ||||||
2 | this subsection must be supported by evidence
that the prior | ||||||
3 | revocation renders the applicant unqualified or incapable of
| ||||||
4 | satisfying the standards and rules promulgated by the | ||||||
5 | Department pursuant
to this Act or maintaining a facility | ||||||
6 | which adheres to such standards and
rules.
| ||||||
7 | (d) If a foster family home license (i) is revoked, (ii) is | ||||||
8 | surrendered for cause, or (iii) expires or is surrendered with | ||||||
9 | either certain types of involuntary placement holds in place | ||||||
10 | or while a licensing or child abuse or neglect investigation | ||||||
11 | is pending, or if the Department refuses to renew a foster home | ||||||
12 | license, the foster home may not reapply for a license before | ||||||
13 | the expiration of 5 years following the Department's action or | ||||||
14 | following the expiration or surrender of the license. | ||||||
15 | (Source: P.A. 99-779, eff. 1-1-17 .)
| ||||||
16 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| ||||||
17 | Sec. 7. (a) The Department must prescribe and publish | ||||||
18 | minimum standards
for licensing that apply to the various | ||||||
19 | types of facilities for child care
defined in this Act and that | ||||||
20 | are equally applicable to like institutions
under the control | ||||||
21 | of the Department and to foster family homes used by and
under | ||||||
22 | the direct supervision of the Department. The Department shall | ||||||
23 | seek
the advice and assistance of persons representative of | ||||||
24 | the various types of
child care facilities in establishing | ||||||
25 | such standards. The standards
prescribed and published under |
| |||||||
| |||||||
1 | this Act take effect as provided in the
Illinois | ||||||
2 | Administrative Procedure Act, and are restricted to
| ||||||
3 | regulations pertaining to the following matters and to any | ||||||
4 | rules and regulations required or permitted by any other | ||||||
5 | Section of this Act:
| ||||||
6 | (1) The operation and conduct of the facility and | ||||||
7 | responsibility it
assumes for child care;
| ||||||
8 | (2) The character, suitability and qualifications of | ||||||
9 | the applicant and
other persons directly responsible for | ||||||
10 | the care and welfare of children
served. All child day | ||||||
11 | care center licensees and employees who are required
to
| ||||||
12 | report child abuse or neglect under the Abused and | ||||||
13 | Neglected Child Reporting
Act shall be required to attend | ||||||
14 | training on recognizing child abuse and
neglect, as | ||||||
15 | prescribed by Department rules;
| ||||||
16 | (3) The general financial ability and competence of | ||||||
17 | the applicant to
provide necessary care for children and | ||||||
18 | to maintain prescribed standards;
| ||||||
19 | (4) The number of individuals or staff required to | ||||||
20 | insure adequate
supervision and care of the children | ||||||
21 | received. The standards shall provide
that each child care | ||||||
22 | institution, maternity center, child day care center,
| ||||||
23 | group home, child day care home, and group child day care | ||||||
24 | home shall have on its
premises during its hours of | ||||||
25 | operation at
least one staff member certified in first | ||||||
26 | aid, in the Heimlich maneuver and
in cardiopulmonary |
| |||||||
| |||||||
1 | resuscitation by the American Red Cross or other
| ||||||
2 | organization approved by rule of the Department. Child | ||||||
3 | welfare agencies
shall not be subject to such a staffing | ||||||
4 | requirement. The Department may
offer, or arrange for the | ||||||
5 | offering, on a periodic basis in each community
in this | ||||||
6 | State in cooperation with the American Red Cross, the | ||||||
7 | American
Heart Association or other appropriate | ||||||
8 | organization, voluntary programs to
train operators of | ||||||
9 | foster family homes and child day care homes in first aid | ||||||
10 | and
cardiopulmonary resuscitation;
| ||||||
11 | (5) The appropriateness, safety, cleanliness, and | ||||||
12 | general adequacy of the
premises, including maintenance of | ||||||
13 | adequate fire prevention and health
standards conforming | ||||||
14 | to State laws and municipal codes to provide for the
| ||||||
15 | physical comfort, care, and well-being of children | ||||||
16 | received;
| ||||||
17 | (6) Provisions for food, clothing, educational | ||||||
18 | opportunities, program,
equipment and individual supplies | ||||||
19 | to assure the healthy physical, mental,
and spiritual | ||||||
20 | development of children served;
| ||||||
21 | (7) Provisions to safeguard the legal rights of | ||||||
22 | children served;
| ||||||
23 | (8) Maintenance of records pertaining to the | ||||||
24 | admission, progress, health,
and discharge of children, | ||||||
25 | including, for child day care centers and child day care
| ||||||
26 | homes, records indicating each child has been immunized as |
| |||||||
| |||||||
1 | required by State
regulations. The Department shall | ||||||
2 | require proof that children enrolled in
a facility have | ||||||
3 | been immunized against Haemophilus Influenzae B (HIB);
| ||||||
4 | (9) Filing of reports with the Department;
| ||||||
5 | (10) Discipline of children;
| ||||||
6 | (11) Protection and fostering of the particular
| ||||||
7 | religious faith of the children served;
| ||||||
8 | (12) Provisions prohibiting firearms on child day care | ||||||
9 | center premises
except in the possession of peace | ||||||
10 | officers;
| ||||||
11 | (13) Provisions prohibiting handguns on child day care | ||||||
12 | home premises except in
the possession of peace officers | ||||||
13 | or other adults who must possess a handgun
as a condition | ||||||
14 | of employment and who reside on the premises of a child day | ||||||
15 | care home;
| ||||||
16 | (14) Provisions requiring that any firearm permitted | ||||||
17 | on child day care home
premises, except handguns in the | ||||||
18 | possession of peace officers, shall be
kept in a | ||||||
19 | disassembled state, without ammunition, in locked storage,
| ||||||
20 | inaccessible to children and that ammunition permitted on | ||||||
21 | child day care home
premises shall be kept in locked | ||||||
22 | storage separate from that of disassembled
firearms, | ||||||
23 | inaccessible to children;
| ||||||
24 | (15) Provisions requiring notification of parents or | ||||||
25 | guardians enrolling
children at a child day care home of | ||||||
26 | the presence in the child day care home of any
firearms and |
| |||||||
| |||||||
1 | ammunition and of the arrangements for the separate, | ||||||
2 | locked
storage of such firearms and ammunition;
| ||||||
3 | (16) Provisions requiring all licensed child care | ||||||
4 | facility employees who care for newborns and infants to | ||||||
5 | complete training every 3 years on the nature of sudden | ||||||
6 | unexpected infant death (SUID), sudden infant death | ||||||
7 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
8 | American Academy of Pediatrics; and | ||||||
9 | (17) With respect to foster family homes, provisions | ||||||
10 | requiring the Department to review quality of care | ||||||
11 | concerns and to consider those concerns in determining | ||||||
12 | whether a foster family home is qualified to care for | ||||||
13 | children. | ||||||
14 | By July 1, 2022, all licensed child day care home | ||||||
15 | providers, licensed group child day care home providers, and | ||||||
16 | licensed child day care center directors and classroom staff | ||||||
17 | shall participate in at least one training that includes the | ||||||
18 | topics of early childhood social emotional learning, infant | ||||||
19 | and early childhood mental health, early childhood trauma, or | ||||||
20 | adverse childhood experiences. Current licensed providers, | ||||||
21 | directors, and classroom staff shall complete training by July | ||||||
22 | 1, 2022 and shall participate in training that includes the | ||||||
23 | above topics at least once every 3 years. | ||||||
24 | (b) If, in a facility for general child care, there are | ||||||
25 | children
diagnosed as mentally ill or children diagnosed as | ||||||
26 | having an intellectual or physical disability, who
are |
| |||||||
| |||||||
1 | determined to be in need of special mental treatment or of | ||||||
2 | nursing
care, or both mental treatment and nursing care, the | ||||||
3 | Department shall seek
the advice and recommendation of the | ||||||
4 | Department of Human Services,
the Department of Public Health, | ||||||
5 | or both
Departments regarding the residential treatment and | ||||||
6 | nursing care provided
by the institution.
| ||||||
7 | (c) The Department shall investigate any person applying | ||||||
8 | to be
licensed as a foster parent to determine whether there is | ||||||
9 | any evidence of
current drug or alcohol abuse in the | ||||||
10 | prospective foster family. The
Department shall not license a | ||||||
11 | person as a foster parent if drug or alcohol
abuse has been | ||||||
12 | identified in the foster family or if a reasonable suspicion
| ||||||
13 | of such abuse exists, except that the Department may grant a | ||||||
14 | foster parent
license to an applicant identified with an | ||||||
15 | alcohol or drug problem if the
applicant has successfully | ||||||
16 | participated in an alcohol or drug treatment
program, | ||||||
17 | self-help group, or other suitable activities and if the | ||||||
18 | Department determines that the foster family home can provide | ||||||
19 | a safe, appropriate environment and meet the physical and | ||||||
20 | emotional needs of children.
| ||||||
21 | (d) The Department, in applying standards prescribed and | ||||||
22 | published, as
herein provided, shall offer consultation | ||||||
23 | through employed staff or other
qualified persons to assist | ||||||
24 | applicants and licensees in meeting and
maintaining minimum | ||||||
25 | requirements for a license and to help them otherwise
to | ||||||
26 | achieve programs of excellence related to the care of children |
| |||||||
| |||||||
1 | served.
Such consultation shall include providing information | ||||||
2 | concerning education
and training in early childhood | ||||||
3 | development to providers of child day care home
services. The | ||||||
4 | Department may provide or arrange for such education and
| ||||||
5 | training for those providers who request such assistance.
| ||||||
6 | (e) The Department shall distribute copies of licensing
| ||||||
7 | standards to all licensees and applicants for a license. Each | ||||||
8 | licensee or
holder of a permit shall distribute copies of the | ||||||
9 | appropriate licensing
standards and any other information | ||||||
10 | required by the Department to child
care facilities under its | ||||||
11 | supervision. Each licensee or holder of a permit
shall | ||||||
12 | maintain appropriate documentation of the distribution of the
| ||||||
13 | standards. Such documentation shall be part of the records of | ||||||
14 | the facility
and subject to inspection by authorized | ||||||
15 | representatives of the Department.
| ||||||
16 | (f) The Department shall prepare summaries of child day | ||||||
17 | care licensing
standards. Each licensee or holder of a permit | ||||||
18 | for a child day care facility
shall distribute a copy of the | ||||||
19 | appropriate summary and any other
information required by the | ||||||
20 | Department, to the legal guardian of each child
cared for in | ||||||
21 | that facility at the time when the child is enrolled or
| ||||||
22 | initially placed in the facility. The licensee or holder of a | ||||||
23 | permit for a child
day care facility shall secure appropriate | ||||||
24 | documentation of the
distribution of the summary and brochure. | ||||||
25 | Such documentation shall be a
part of the records of the | ||||||
26 | facility and subject to inspection by an
authorized |
| |||||||
| |||||||
1 | representative of the Department.
| ||||||
2 | (g) The Department shall distribute to each licensee and
| ||||||
3 | holder of a permit copies of the licensing or permit standards | ||||||
4 | applicable
to such person's facility. Each licensee or holder | ||||||
5 | of a permit shall make
available by posting at all times in a | ||||||
6 | common or otherwise accessible area
a complete and current set | ||||||
7 | of licensing standards in order that all
employees of the | ||||||
8 | facility may have unrestricted access to such standards.
All | ||||||
9 | employees of the facility shall have reviewed the standards | ||||||
10 | and any
subsequent changes. Each licensee or holder of a | ||||||
11 | permit shall maintain
appropriate documentation of the current | ||||||
12 | review of licensing standards by
all employees. Such records | ||||||
13 | shall be part of the records of the facility
and subject to | ||||||
14 | inspection by authorized representatives of the Department.
| ||||||
15 | (h) Any standards involving physical examinations, | ||||||
16 | immunization,
or medical treatment shall include appropriate | ||||||
17 | exemptions for children
whose parents object thereto on the | ||||||
18 | grounds that they conflict with the
tenets and practices of a | ||||||
19 | recognized church or religious organization, of
which the | ||||||
20 | parent is an adherent or member, and for children who should | ||||||
21 | not
be subjected to immunization for clinical reasons.
| ||||||
22 | (i) The Department, in cooperation with the Department of | ||||||
23 | Public Health, shall work to increase immunization awareness | ||||||
24 | and participation among parents of children enrolled in child | ||||||
25 | day care centers and child day care homes by publishing on the | ||||||
26 | Department's website information about the benefits of |
| |||||||
| |||||||
1 | immunization against vaccine preventable diseases, including | ||||||
2 | influenza and pertussis. The information for vaccine | ||||||
3 | preventable diseases shall include the incidence and severity | ||||||
4 | of the diseases, the availability of vaccines, and the | ||||||
5 | importance of immunizing children and persons who frequently | ||||||
6 | have close contact with children. The website content shall be | ||||||
7 | reviewed annually in collaboration with the Department of | ||||||
8 | Public Health to reflect the most current recommendations of | ||||||
9 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
10 | Department shall work with child day care centers and child | ||||||
11 | day care homes licensed under this Act to ensure that the | ||||||
12 | information is annually distributed to parents in August or | ||||||
13 | September. | ||||||
14 | (j) Any standard adopted by the Department that requires | ||||||
15 | an applicant for a license to operate a child day care home to | ||||||
16 | include a copy of a high school diploma or equivalent | ||||||
17 | certificate with his or her application shall be deemed to be | ||||||
18 | satisfied if the applicant includes a copy of a high school | ||||||
19 | diploma or equivalent certificate or a copy of a degree from an | ||||||
20 | accredited institution of higher education or vocational | ||||||
21 | institution or equivalent certificate. | ||||||
22 | (Source: P.A. 102-4, eff. 4-27-21.)
| ||||||
23 | (225 ILCS 10/7.10) | ||||||
24 | Sec. 7.10. Progress report. | ||||||
25 | (a) For the purposes of this Section, "child day care |
| |||||||
| |||||||
1 | licensing" or " child day care licensing" means licensing of | ||||||
2 | child day care centers, child day care homes, and group child | ||||||
3 | day care homes. | ||||||
4 | (b) No later than September 30th of each year, the | ||||||
5 | Department shall provide the General Assembly with a | ||||||
6 | comprehensive report on its progress in meeting performance | ||||||
7 | measures and goals related to child day care licensing. | ||||||
8 | (c) The report shall include: | ||||||
9 | (1) details on the funding for child day care | ||||||
10 | licensing, including: | ||||||
11 | (A) the total number of full-time employees | ||||||
12 | working on child day care licensing; | ||||||
13 | (B) the names of all sources of revenue used to | ||||||
14 | support child day care licensing; | ||||||
15 | (C) the amount of expenditures that is claimed | ||||||
16 | against federal funding sources; | ||||||
17 | (D) the identity of federal funding sources; and | ||||||
18 | (E) how funds are appropriated, including | ||||||
19 | appropriations for line staff, support staff, | ||||||
20 | supervisory staff, and training and other expenses and | ||||||
21 | the funding history of such licensing since fiscal | ||||||
22 | year 2010; | ||||||
23 | (2) current staffing qualifications of child day care | ||||||
24 | licensing representatives and child day care licensing | ||||||
25 | supervisors in comparison with staffing qualifications | ||||||
26 | specified in the job description; |
| |||||||
| |||||||
1 | (3) data history for fiscal year 2010 to the current | ||||||
2 | fiscal year on child day care licensing representative | ||||||
3 | caseloads and staffing levels in all areas of the State; | ||||||
4 | (4) per the DCFS Child Day Care Licensing Advisory | ||||||
5 | Council's work plan, quarterly data on the following | ||||||
6 | measures: | ||||||
7 | (A) the percentage of new applications disposed of | ||||||
8 | within 90 days; | ||||||
9 | (B) the percentage of licenses renewed on time; | ||||||
10 | (C) the percentage of child day care centers | ||||||
11 | receiving timely annual monitoring visits; | ||||||
12 | (D) the percentage of child day care homes | ||||||
13 | receiving timely annual monitoring visits; | ||||||
14 | (E) the percentage of group child day care homes | ||||||
15 | receiving timely annual monitoring visits; | ||||||
16 | (F) the percentage of provider requests for | ||||||
17 | supervisory review; | ||||||
18 | (G) the progress on adopting a key indicator | ||||||
19 | system; | ||||||
20 | (H) the percentage of complaints disposed of | ||||||
21 | within 30 days; | ||||||
22 | (I) the average number of days a child day care | ||||||
23 | center applicant must wait to attend a licensing | ||||||
24 | orientation; | ||||||
25 | (J) the number of licensing orientation sessions | ||||||
26 | available per region in the past year; and |
| |||||||
| |||||||
1 | (K) the number of Department trainings related to | ||||||
2 | licensing and child development available to providers | ||||||
3 | in the past year; and | ||||||
4 | (5) efforts to coordinate with the Department of Human | ||||||
5 | Services and the State Board of Education on professional | ||||||
6 | development, credentialing issues, and child developers, | ||||||
7 | including training registry, child developers, and Quality | ||||||
8 | Rating and Improvement Systems (QRIS). | ||||||
9 | (d) The Department shall work with the Governor's | ||||||
10 | appointed Early Learning Council on issues related to and | ||||||
11 | concerning child day care.
| ||||||
12 | (Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15 .) | ||||||
13 | (225 ILCS 10/9.1c) | ||||||
14 | Sec. 9.1c. Public database of child day care homes, group | ||||||
15 | child day care homes, and child day care centers; license | ||||||
16 | status. No later than July 1, 2018, the Department shall | ||||||
17 | establish and maintain on its official website a searchable | ||||||
18 | database, freely accessible to the public, that provides the | ||||||
19 | following information on each child day care home, group child | ||||||
20 | day care home, and child day care center licensed by the | ||||||
21 | Department: whether, within the past 5 years, the child day | ||||||
22 | care home, group child day care home, or child day care center | ||||||
23 | has had its license revoked by or surrendered to the | ||||||
24 | Department during a child abuse or neglect investigation or | ||||||
25 | its application for a renewal of its license was denied by the |
| |||||||
| |||||||
1 | Department, and, if so, the dates upon which the license was | ||||||
2 | revoked by or surrendered to the Department or the application | ||||||
3 | for a renewal of the license was denied by the Department. The | ||||||
4 | Department may adopt any rules necessary to implement this | ||||||
5 | Section. Nothing in this Section shall be construed to allow | ||||||
6 | or authorize the Department to release or disclose any | ||||||
7 | information that is prohibited from public disclosure under | ||||||
8 | this Act or under any other State or federal law.
| ||||||
9 | (Source: P.A. 100-52, eff. 1-1-18 .)
| ||||||
10 | (225 ILCS 10/9.2)
| ||||||
11 | Sec. 9.2. Toll free number; child day care information. | ||||||
12 | The Department of
Children and Family Services shall establish | ||||||
13 | and maintain a statewide toll-free
telephone number that all | ||||||
14 | persons may use to inquire about the past history and
record of | ||||||
15 | a child day care facility operating in this State. The past | ||||||
16 | history and
record shall include, but shall not be limited to, | ||||||
17 | Department substantiated
complaints against a child day care | ||||||
18 | facility and Department staff findings of
license violations | ||||||
19 | by a child day care facility. Information disclosed in
| ||||||
20 | accordance with this Section shall be subject to the | ||||||
21 | confidentiality
requirements provided in this Act.
| ||||||
22 | (Source: P.A. 90-671, eff. 1-1-99.)
| ||||||
23 | (225 ILCS 10/12) (from Ch. 23, par. 2222)
| ||||||
24 | Sec. 12. Advertisements.
|
| |||||||
| |||||||
1 | (a) In this Section, "advertise" means communication by | ||||||
2 | any public medium originating or distributed in this State, | ||||||
3 | including, but not limited to, newspapers, periodicals, | ||||||
4 | telephone book listings, outdoor advertising signs, radio, or | ||||||
5 | television. | ||||||
6 | (b) A child care facility or child welfare agency licensed | ||||||
7 | or operating under a permit issued by the Department may | ||||||
8 | publish advertisements for the services that the facility is | ||||||
9 | specifically licensed or issued a permit under this Act to | ||||||
10 | provide. A person, group of persons, agency, association, | ||||||
11 | organization, corporation, institution, center, or group who | ||||||
12 | advertises or causes to be published any advertisement | ||||||
13 | offering, soliciting, or promising to perform adoption | ||||||
14 | services as defined in Section 2.24 of this Act is guilty of a | ||||||
15 | Class A misdemeanor and shall be subject to a fine not to | ||||||
16 | exceed $10,000 or 9 months imprisonment for each | ||||||
17 | advertisement, unless that person, group of persons, agency, | ||||||
18 | association, organization, corporation, institution, center, | ||||||
19 | or group is (i) licensed or operating under a permit issued by | ||||||
20 | the Department as a child care facility or child welfare | ||||||
21 | agency, (ii) a biological parent or a prospective adoptive | ||||||
22 | parent acting on his or her own behalf, or (iii) a licensed | ||||||
23 | attorney advertising his or her availability to provide legal | ||||||
24 | services relating to adoption, as permitted by law. | ||||||
25 | (c) Every advertisement published after the effective date | ||||||
26 | of this amendatory Act of the 94th General Assembly shall |
| |||||||
| |||||||
1 | include the Department-issued license number of the facility | ||||||
2 | or agency. | ||||||
3 | (d) Any licensed child welfare agency providing adoption | ||||||
4 | services that, after the effective date of this amendatory Act | ||||||
5 | of the 94th General Assembly, causes to be published an | ||||||
6 | advertisement containing reckless or intentional | ||||||
7 | misrepresentations concerning adoption services or | ||||||
8 | circumstances material to the placement of a child for | ||||||
9 | adoption is guilty of a Class A misdemeanor and is subject to a | ||||||
10 | fine not to exceed $10,000 or 9 months imprisonment for each | ||||||
11 | advertisement.
| ||||||
12 | (e) An out-of-state agency that is not licensed in | ||||||
13 | Illinois and that has a written interagency agreement with one | ||||||
14 | or more Illinois licensed child welfare agencies may advertise | ||||||
15 | under this Section, provided that (i) the out-of-state agency | ||||||
16 | must be officially recognized by the United States Internal | ||||||
17 | Revenue Service as a tax-exempt organization under 501(c)(3) | ||||||
18 | of the Internal Revenue Code of 1986 (or any successor | ||||||
19 | provision of federal tax law), (ii) the out-of-state agency | ||||||
20 | provides only international adoption services and is covered | ||||||
21 | by the Intercountry Adoption Act of 2000, (iii) the | ||||||
22 | out-of-state agency displays, in the
advertisement, the | ||||||
23 | license number of at least one of the Illinois licensed child | ||||||
24 | welfare agencies with which it has a written agreement, and | ||||||
25 | (iv) the advertisements pertain only to international adoption | ||||||
26 | services. Subsection (d) of this Section shall apply to any |
| |||||||
| |||||||
1 | out-of-state agencies described in this subsection (e).
| ||||||
2 | (f) An advertiser, publisher, or broadcaster, including, | ||||||
3 | but not limited to, newspapers, periodicals, telephone book | ||||||
4 | publishers, outdoor advertising signs, radio stations, or | ||||||
5 | television stations, who knowingly or recklessly advertises or | ||||||
6 | publishes any advertisement offering, soliciting, or promising | ||||||
7 | to perform adoption services, as defined in Section 2.24 of | ||||||
8 | this Act, on behalf of a person, group of persons, agency, | ||||||
9 | association, organization, corporation, institution, center, | ||||||
10 | or group, not authorized to advertise under subsection (b) or | ||||||
11 | subsection (e) of this Section, is guilty of a Class A | ||||||
12 | misdemeanor and is subject to a fine not to exceed $10,000 or 9 | ||||||
13 | months imprisonment for each advertisement. | ||||||
14 | (g) The Department shall maintain a website listing child | ||||||
15 | welfare agencies licensed by the Department that provide | ||||||
16 | adoption services and other general information for biological | ||||||
17 | parents and adoptive parents. The website shall include, but | ||||||
18 | not be limited to, agency addresses, phone numbers, e-mail | ||||||
19 | addresses, website addresses, annual reports as referenced in | ||||||
20 | Section 7.6 of this Act, agency license numbers, the Birth | ||||||
21 | Parent Bill of Rights, the Adoptive Parents Bill of Rights, | ||||||
22 | and the Department's complaint registry established under | ||||||
23 | Section 9.1a of this Act. The Department shall adopt any rules | ||||||
24 | necessary to implement this Section.
| ||||||
25 | (h) Nothing in this Act shall prohibit a child day care | ||||||
26 | agency, child day care center, child day care home, or group |
| |||||||
| |||||||
1 | child day care home that does not provide or perform adoption | ||||||
2 | services, as defined in Section 2.24 of this Act, from | ||||||
3 | advertising or marketing the child day care agency, child day | ||||||
4 | care center, child day care home, or group child day care home. | ||||||
5 | (Source: P.A. 100-406, eff. 1-1-18 .)
| ||||||
6 | Section 185. The Structural Pest Control Act is amended by | ||||||
7 | changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as | ||||||
8 | follows:
| ||||||
9 | (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
11 | Sec. 2. Legislative intent. It is declared that there | ||||||
12 | exists and
may in the future exist within the State of Illinois
| ||||||
13 | locations where pesticides are received, stored,
formulated or | ||||||
14 | prepared and subsequently used for the control
of structural | ||||||
15 | pests, and improper selection, formulation and
application of | ||||||
16 | pesticides may
adversely affect the public health and general | ||||||
17 | welfare.
| ||||||
18 | It is further established that the use of certain | ||||||
19 | pesticides is
restricted or may in the future be restricted to | ||||||
20 | use only by or
under the supervision of persons certified in | ||||||
21 | accordance with this Act.
| ||||||
22 | It is recognized that pests can best be controlled through | ||||||
23 | an integrated
pest management program that combines preventive | ||||||
24 | techniques, nonchemical
pest control methods, and the |
| |||||||
| |||||||
1 | appropriate use of pesticides with preference
for products | ||||||
2 | that are the least harmful to human health and the
| ||||||
3 | environment. Integrated pest management is a good practice in | ||||||
4 | the
management of pest populations,
and it is prudent to | ||||||
5 | employ pest control strategies that are the least
hazardous to | ||||||
6 | human health and the environment.
| ||||||
7 | Therefore, the purpose of this Act is to protect, promote | ||||||
8 | and
preserve the public health and general welfare by | ||||||
9 | providing for the
establishment of minimum standards for | ||||||
10 | selection, formulation and
application of restricted | ||||||
11 | pesticides and to provide for the
licensure of commercial | ||||||
12 | structural pest control businesses,
the registration of | ||||||
13 | persons who own or operate non-commercial
structural pest | ||||||
14 | control locations where restricted pesticides
are used, and | ||||||
15 | the certification of pest control technicians.
| ||||||
16 | It is also the purpose of this Act to reduce economic, | ||||||
17 | health, and
environmental risks by promoting the use of | ||||||
18 | integrated
pest management for structural pest control in | ||||||
19 | schools and child day care centers,
by making
guidelines on | ||||||
20 | integrated pest management available to schools and child day | ||||||
21 | care
centers.
| ||||||
22 | (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, | ||||||
23 | eff. 8-7-08 .)
| ||||||
24 | (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2029)
|
| |||||||
| |||||||
1 | Sec. 3.03. "Person" means any individual, group of | ||||||
2 | individuals,
association, trust, partnership, corporation, | ||||||
3 | person doing business
under an assumed name, the State of | ||||||
4 | Illinois, or department thereof,
any other state-owned and | ||||||
5 | operated institution, public school, licensed child day care | ||||||
6 | center, or any other entity.
| ||||||
7 | (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; | ||||||
8 | 96-1362, eff. 7-28-10 .)
| ||||||
9 | (225 ILCS 235/3.27)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
11 | Sec. 3.27. " Child Day care center" means any structure | ||||||
12 | used as a licensed child day care
center in this State.
| ||||||
13 | (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, | ||||||
14 | eff. 8-7-08 .)
| ||||||
15 | (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
| ||||||
16 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
17 | Sec. 10.2. Integrated pest management guidelines; | ||||||
18 | notification; training of designated persons; request for | ||||||
19 | copies.
| ||||||
20 | (a) The Department shall prepare guidelines for an | ||||||
21 | integrated pest
management program for structural pest control | ||||||
22 | practices at school
buildings and other school facilities and | ||||||
23 | child day care centers. Such guidelines
shall be made
| ||||||
24 | available to schools, child day care centers and the public |
| |||||||
| |||||||
1 | upon request.
| ||||||
2 | (b) When economically feasible, each school and child day | ||||||
3 | care center is
required to develop and implement an
integrated | ||||||
4 | pest
management
program that incorporates the guidelines | ||||||
5 | developed by the Department.
Each school and child day care | ||||||
6 | center must notify the Department, within one year after the | ||||||
7 | effective date of this amendatory Act of the 95th General | ||||||
8 | Assembly and every 5 years thereafter, on forms provided by | ||||||
9 | the Department that the school or child day care center has | ||||||
10 | developed and is implementing an integrated pest management | ||||||
11 | program. In
implementing an integrated pest management | ||||||
12 | program, a school or child day care
center must assign a
| ||||||
13 | designated person to assume
responsibility for the oversight | ||||||
14 | of pest management practices in that
school or child day care | ||||||
15 | center and for recordkeeping requirements.
| ||||||
16 | (b-1) If adopting an
integrated pest management program is | ||||||
17 | not economically feasible because such adoption would result
| ||||||
18 | in an increase in the pest control costs of the school or child | ||||||
19 | day care center, the school or child day care center
must | ||||||
20 | provide, within one year after the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly and every 5 years | ||||||
22 | thereafter, written notification to the Department, on forms | ||||||
23 | provided by the
Department, that the development and | ||||||
24 | implementation of an integrated pest
management program is not | ||||||
25 | economically feasible. The notification must include projected | ||||||
26 | pest
control costs for the term of the pest control program and |
| |||||||
| |||||||
1 | projected costs for implementing
an integrated pest management | ||||||
2 | program for that same time period. | ||||||
3 | (b-2) Each school or child
day care center that provides | ||||||
4 | written notification to the Department that the adoption of an | ||||||
5 | integrated pest management program is not economically | ||||||
6 | feasible pursuant to subsection (b-1) of this Section must | ||||||
7 | have its designated person attend a training
course on | ||||||
8 | integrated pest management within one year after the effective | ||||||
9 | date of this amendatory Act of the 95th General Assembly, and
| ||||||
10 | every 5 years thereafter until an integrated pest management | ||||||
11 | program is developed and implemented in
the school or child | ||||||
12 | day care center. The training course shall be approved by the | ||||||
13 | Department in
accordance with the minimum standards | ||||||
14 | established by the Department under this Act.
| ||||||
15 | (b-3) Each school and child day care center shall ensure | ||||||
16 | that all parents, guardians, and employees are
notified at | ||||||
17 | least once each school year that the notification requirements | ||||||
18 | established by this Section
have been met. The school and | ||||||
19 | child day care center shall keep copies of all notifications | ||||||
20 | required by
this Section and any written integrated pest | ||||||
21 | management program plan developed in accordance with this
| ||||||
22 | Section and make these copies available for public inspection | ||||||
23 | at the school or child day care center.
| ||||||
24 | (c) The Structural Pest Control Advisory Council shall | ||||||
25 | assist the
Department in developing the guidelines for | ||||||
26 | integrated pest management
programs. In developing the |
| |||||||
| |||||||
1 | guidelines, the Council shall consult with
individuals | ||||||
2 | knowledgeable in the area of integrated pest management.
| ||||||
3 | (d) The Department, with the assistance of the Cooperative | ||||||
4 | Extension
Service and other relevant agencies, may prepare a | ||||||
5 | training program for
school or child day care center pest | ||||||
6 | control specialists.
| ||||||
7 | (e) The Department
may request copies of a school's or | ||||||
8 | child day care center's integrated pest
management program | ||||||
9 | plan and notification required by this Act and offer | ||||||
10 | assistance and training to
schools and child day care centers | ||||||
11 | on integrated pest management programs. | ||||||
12 | (f) The requirements of this Section are subject to | ||||||
13 | appropriation to the Department for the implementation of | ||||||
14 | integrated pest management programs.
| ||||||
15 | (Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786, | ||||||
16 | eff. 8-7-08 .)
| ||||||
17 | (225 ILCS 235/10.3)
| ||||||
18 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
19 | Sec. 10.3. Notification. School districts and child day | ||||||
20 | care centers must
maintain a registry of
parents and guardians | ||||||
21 | of students and employees who have registered to receive
| ||||||
22 | written or telephonic
notification prior to application of | ||||||
23 | pesticides to school property or child day
care centers or | ||||||
24 | provide
written or telephonic notification to all parents and | ||||||
25 | guardians of students before such
pesticide application. |
| |||||||
| |||||||
1 | Written notification may be included in newsletters,
| ||||||
2 | bulletins, calendars, or other correspondence currently | ||||||
3 | published by the school
district or child day care center. The | ||||||
4 | written or telephonic notification must be given at
least 2 | ||||||
5 | business days
before application of the pesticide application | ||||||
6 | and should identify the
intended date of the application of | ||||||
7 | the pesticide and the name and telephone
contact number for | ||||||
8 | the school or child day care center personnel
responsible for
| ||||||
9 | the pesticide
application program. Prior notice shall not be | ||||||
10 | required if there is an
imminent threat to health or property. | ||||||
11 | If such a situation arises, the
appropriate school or child | ||||||
12 | day care center personnel must sign a statement
describing the | ||||||
13 | circumstances
that gave rise to the health threat and ensure | ||||||
14 | that written or telephonic notice is provided
as soon as | ||||||
15 | practicable. For purposes of this Section, pesticides subject | ||||||
16 | to
notification requirements shall not include (i) an | ||||||
17 | antimicrobial agent, such as
disinfectant, sanitizer, or | ||||||
18 | deodorizer, or (ii) insecticide baits and
rodenticide
baits.
| ||||||
19 | (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, | ||||||
20 | eff. 8-7-08; 96-1362, eff. 7-28-10 .)
| ||||||
21 | (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
23 | Sec. 21.1. Administrative civil fines. The Department is | ||||||
24 | empowered to
assess administrative civil fines in accordance | ||||||
25 | with Section 15 of this Act against a licensee, registrant,
|
| |||||||
| |||||||
1 | certified technician, person, public school, licensed child | ||||||
2 | day care center, or other entity for violations of this Act or | ||||||
3 | its rules and
regulations. These fines shall be established by | ||||||
4 | the Department by rule and
may be assessed in addition to, or | ||||||
5 | in lieu of, license, registration, or
certification | ||||||
6 | suspensions and revocations.
| ||||||
7 | Any fine assessed and not paid within 60 days after | ||||||
8 | receiving notice from the
Department may be submitted to the | ||||||
9 | Attorney General's Office, or any other public or private | ||||||
10 | agency, for
collection of the amounts owed plus any fees and | ||||||
11 | costs incurred during the collection process. Failure to pay a | ||||||
12 | fine shall also be grounds for immediate
suspension or | ||||||
13 | revocation of a license, registration, or certification
issued | ||||||
14 | under this Act.
| ||||||
15 | (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08; | ||||||
16 | 96-1362, eff. 7-28-10 .)
| ||||||
17 | Section 190. The Liquor Control Act of 1934 is amended by | ||||||
18 | changing Section 6-15 as follows:
| ||||||
19 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
20 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
21 | in any
building belonging to or under the control of the State | ||||||
22 | or any political
subdivision thereof except as provided in | ||||||
23 | this Act. The corporate
authorities of any city, village, | ||||||
24 | incorporated town, township, or county may provide by
|
| |||||||
| |||||||
1 | ordinance, however, that alcoholic liquor may be sold or | ||||||
2 | delivered in any
specifically designated building belonging to | ||||||
3 | or under the control of the
municipality, township, or county, | ||||||
4 | or in any building located on land under the
control of the | ||||||
5 | municipality, township, or county; provided that such township | ||||||
6 | or county complies with all
applicable local ordinances in any | ||||||
7 | incorporated area of the township or county.
Alcoholic liquor | ||||||
8 | may be delivered to and sold under the authority of a special | ||||||
9 | use permit on any property owned by a conservation district | ||||||
10 | organized under the Conservation District Act, provided that | ||||||
11 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
12 | the governing board of the conservation district, (ii) the | ||||||
13 | issuance of the special use permit is authorized by the local | ||||||
14 | liquor control commissioner of the territory in which the | ||||||
15 | property is located, and (iii) the special use permit | ||||||
16 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
17 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
18 | belonging to
or under the control of a municipality of more | ||||||
19 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
20 | course owned by a park district organized under
the Park | ||||||
21 | District
Code, subject to the approval of the governing board | ||||||
22 | of the district, or
in any building or on any golf course owned | ||||||
23 | by a forest preserve district
organized under the Downstate | ||||||
24 | Forest Preserve District Act, subject to the
approval of the | ||||||
25 | governing board of the district, or on the grounds
within 500 | ||||||
26 | feet of any building owned by a forest preserve district
|
| |||||||
| |||||||
1 | organized under the Downstate Forest Preserve District Act | ||||||
2 | during
times when food is dispensed for consumption within
500 | ||||||
3 | feet of the building from which the food is dispensed,
subject | ||||||
4 | to the
approval of the
governing board of the district, or in a | ||||||
5 | building owned by a Local Mass
Transit District organized | ||||||
6 | under the Local Mass Transit District Act, subject
to the | ||||||
7 | approval of the governing Board of the District, or in | ||||||
8 | Bicentennial
Park, or
on the premises of the City of Mendota | ||||||
9 | Lake Park
located adjacent to Route 51 in Mendota, Illinois, | ||||||
10 | or on the premises of
Camden Park in Milan, Illinois, or in the | ||||||
11 | community center owned by the
City of Loves Park that is | ||||||
12 | located at 1000 River Park Drive in Loves Park,
Illinois, or, | ||||||
13 | in connection with the operation of an established food
| ||||||
14 | serving facility during times when food is dispensed for | ||||||
15 | consumption on the
premises, and at the following aquarium and | ||||||
16 | museums located in public
parks: Art Institute of Chicago, | ||||||
17 | Chicago Academy of Sciences, Chicago
Historical Society, Field | ||||||
18 | Museum of Natural History, Museum of Science and
Industry, | ||||||
19 | DuSable Museum of African American History, John G. Shedd
| ||||||
20 | Aquarium and Adler Planetarium, or at Lakeview Museum of Arts | ||||||
21 | and Sciences
in Peoria, or in connection with the operation of | ||||||
22 | the facilities of the
Chicago Zoological Society or the | ||||||
23 | Chicago Horticultural Society on land
owned by the Forest | ||||||
24 | Preserve District of Cook County,
or on any land used for a | ||||||
25 | golf course or for recreational purposes
owned by the Forest | ||||||
26 | Preserve District of Cook County, subject to the control
of |
| |||||||
| |||||||
1 | the Forest Preserve District Board of Commissioners and | ||||||
2 | applicable local
law, provided that dram shop liability | ||||||
3 | insurance is provided at
maximum coverage limits so as to hold | ||||||
4 | the
District harmless from all financial loss, damage, and | ||||||
5 | harm,
or in any building
located on land owned by the Chicago | ||||||
6 | Park District if approved by the Park
District Commissioners, | ||||||
7 | or on any land used for a golf course or for
recreational | ||||||
8 | purposes and owned by the Illinois International Port District | ||||||
9 | if
approved by the District's governing board, or at any | ||||||
10 | airport, golf course,
faculty center, or
facility in which | ||||||
11 | conference and convention type activities take place
belonging | ||||||
12 | to or under control of any State university or public | ||||||
13 | community
college district, provided that with respect to a | ||||||
14 | facility for conference
and convention type activities | ||||||
15 | alcoholic liquors shall be limited to the
use of the | ||||||
16 | convention or conference participants or participants
in | ||||||
17 | cultural, political or educational activities held in such | ||||||
18 | facilities,
and provided further that the faculty or staff of | ||||||
19 | the State university or
a public community college district, | ||||||
20 | or members of an organization of
students, alumni, faculty or | ||||||
21 | staff of the State university or a public
community college | ||||||
22 | district are active participants in the conference
or | ||||||
23 | convention, or in Memorial Stadium on the campus of the | ||||||
24 | University of
Illinois at Urbana-Champaign during games in | ||||||
25 | which the
Chicago Bears professional football team is playing | ||||||
26 | in that stadium during the
renovation of Soldier Field, not |
| |||||||
| |||||||
1 | more than one and a half hours before the
start of the game and | ||||||
2 | not after the end of the third quarter of the game,
or in the | ||||||
3 | Pavilion Facility on the campus of the University of Illinois | ||||||
4 | at Chicago during games in which the Chicago Storm | ||||||
5 | professional soccer team is playing in that facility, not more | ||||||
6 | than one and a half hours before the start of the game and not | ||||||
7 | after the end of the third quarter of the game, or in the | ||||||
8 | Pavilion Facility on the campus of the University of Illinois | ||||||
9 | at Chicago during games in which the WNBA professional women's | ||||||
10 | basketball team is playing in that facility, not more than one | ||||||
11 | and a half hours before the start of the game and not after the | ||||||
12 | 10-minute mark of the second half of the game, or by a catering | ||||||
13 | establishment which has rented facilities
from a board of | ||||||
14 | trustees of a public community college district, or in a | ||||||
15 | restaurant that is operated by a commercial tenant in the | ||||||
16 | North Campus Parking Deck building that (1) is located at 1201 | ||||||
17 | West University Avenue, Urbana, Illinois and (2) is owned by | ||||||
18 | the Board of Trustees of the University of Illinois, or, if
| ||||||
19 | approved by the District board, on land owned by the | ||||||
20 | Metropolitan Sanitary
District of Greater Chicago and leased | ||||||
21 | to others for a term of at least
20 years. Nothing in this | ||||||
22 | Section precludes the sale or delivery of
alcoholic liquor in | ||||||
23 | the form of original packaged goods in premises located
at 500 | ||||||
24 | S. Racine in Chicago belonging to the University of Illinois | ||||||
25 | and
used primarily as a grocery store by a commercial tenant | ||||||
26 | during the term of
a lease that predates the University's |
| |||||||
| |||||||
1 | acquisition of the premises; but the
University shall have no | ||||||
2 | power or authority to renew, transfer, or extend
the lease | ||||||
3 | with terms allowing the sale of alcoholic liquor; and the sale | ||||||
4 | of
alcoholic liquor shall be subject to all local laws and | ||||||
5 | regulations.
After the acquisition by Winnebago County of the | ||||||
6 | property located at 404
Elm Street in Rockford, a commercial | ||||||
7 | tenant who sold alcoholic liquor at
retail on a portion of the | ||||||
8 | property under a valid license at the time of
the acquisition | ||||||
9 | may continue to do so for so long as the tenant and the
County | ||||||
10 | may agree under existing or future leases, subject to all | ||||||
11 | local laws
and regulations regarding the sale of alcoholic | ||||||
12 | liquor. Alcoholic liquors may be delivered to and sold at | ||||||
13 | Memorial Hall, located at 211 North Main Street, Rockford, | ||||||
14 | under conditions approved by Winnebago County and subject to | ||||||
15 | all local laws and regulations regarding the sale of alcoholic | ||||||
16 | liquor. Each
facility shall provide dram shop liability in | ||||||
17 | maximum insurance coverage
limits so as to save harmless the | ||||||
18 | State, municipality, State university,
airport, golf course, | ||||||
19 | faculty center, facility in which conference and
convention | ||||||
20 | type activities take place, park district, Forest Preserve
| ||||||
21 | District, public community college district, aquarium, museum, | ||||||
22 | or sanitary
district from all financial loss, damage or harm. | ||||||
23 | Alcoholic liquors may be
sold at retail in buildings of golf | ||||||
24 | courses owned by municipalities or Illinois State University | ||||||
25 | in
connection with the operation of an established food | ||||||
26 | serving facility
during times when food is dispensed for |
| |||||||
| |||||||
1 | consumption upon the premises.
Alcoholic liquors may be | ||||||
2 | delivered to and sold at retail in any building
owned by a fire | ||||||
3 | protection district organized under the Fire Protection
| ||||||
4 | District Act, provided that such delivery and sale is approved | ||||||
5 | by the board
of trustees of the district, and provided further | ||||||
6 | that such delivery and
sale is limited to fundraising events | ||||||
7 | and to a maximum of 6 events per year. However, the limitation | ||||||
8 | to fundraising events and to a maximum of 6 events per year | ||||||
9 | does not apply to the delivery, sale, or manufacture of | ||||||
10 | alcoholic liquors at the building located at 59 Main Street in | ||||||
11 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
12 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
13 | Oswego Fire Protection District and the property is no longer | ||||||
14 | being utilized for fire protection purposes.
| ||||||
15 | Alcoholic liquors may be served or sold in buildings under | ||||||
16 | the control of the Board of Trustees of the University of | ||||||
17 | Illinois for events that the Board may determine are public | ||||||
18 | events and not related student activities. The Board of | ||||||
19 | Trustees shall issue a written policy within 6 months of | ||||||
20 | August 15, 2008 (the effective date of Public Act 95-847) | ||||||
21 | concerning the types of events that would be eligible for an | ||||||
22 | exemption. Thereafter, the Board of Trustees may issue | ||||||
23 | revised, updated, new, or amended policies as it deems | ||||||
24 | necessary and appropriate. In preparing its written policy, | ||||||
25 | the Board of Trustees shall, among other factors it considers | ||||||
26 | relevant and important, give consideration to the following: |
| |||||||
| |||||||
1 | (i) whether the event is a student activity or student related | ||||||
2 | activity; (ii) whether the physical setting of the event is | ||||||
3 | conducive to control of liquor sales and distribution; (iii) | ||||||
4 | the ability of the event operator to ensure that the sale or | ||||||
5 | serving of alcoholic liquors and the demeanor of the | ||||||
6 | participants are in accordance with State law and University | ||||||
7 | policies; (iv) regarding the anticipated attendees at the | ||||||
8 | event, the relative proportion of individuals under the age of | ||||||
9 | 21 to individuals age 21 or older; (v) the ability of the venue | ||||||
10 | operator to prevent the sale or distribution of alcoholic | ||||||
11 | liquors to individuals under the age of 21; (vi) whether the | ||||||
12 | event prohibits participants from removing alcoholic beverages | ||||||
13 | from the venue; and (vii) whether the event prohibits | ||||||
14 | participants from providing their own alcoholic liquors to the | ||||||
15 | venue. In addition, any policy submitted by the Board of | ||||||
16 | Trustees to the Illinois Liquor Control Commission must | ||||||
17 | require that any event at which alcoholic liquors are served | ||||||
18 | or sold in buildings under the control of the Board of Trustees | ||||||
19 | shall require the prior written approval of the Office of the | ||||||
20 | Chancellor for the University campus where the event is | ||||||
21 | located. The Board of Trustees shall submit its policy, and | ||||||
22 | any subsequently revised, updated, new, or amended policies, | ||||||
23 | to the Illinois Liquor Control Commission, and any University | ||||||
24 | event, or location for an event, exempted under such policies | ||||||
25 | shall apply for a license under the applicable Sections of | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | Alcoholic liquors may be served or sold in buildings under
| ||||||
2 | the control of the Board of Trustees of Northern Illinois | ||||||
3 | University
for events that the Board may determine are public
| ||||||
4 | events and not student-related activities. The Board of
| ||||||
5 | Trustees shall issue a written policy within 6 months after | ||||||
6 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
7 | concerning the types of events that would be eligible
for an | ||||||
8 | exemption. Thereafter, the Board of Trustees may issue
| ||||||
9 | revised, updated, new, or amended policies as it deems
| ||||||
10 | necessary and appropriate. In preparing its written policy, | ||||||
11 | the
Board of Trustees shall, in addition to other factors it | ||||||
12 | considers
relevant and important, give consideration to the | ||||||
13 | following:
(i) whether the event is a student activity or | ||||||
14 | student-related
activity; (ii) whether the physical setting of | ||||||
15 | the event is
conducive to control of liquor sales and | ||||||
16 | distribution; (iii)
the ability of the event operator to | ||||||
17 | ensure that the sale or
serving of alcoholic liquors and the | ||||||
18 | demeanor of the
participants are in accordance with State law | ||||||
19 | and University
policies; (iv) the anticipated attendees at the
| ||||||
20 | event and the relative proportion of individuals under the age | ||||||
21 | of
21 to individuals age 21 or older; (v) the ability of the | ||||||
22 | venue
operator to prevent the sale or distribution of | ||||||
23 | alcoholic
liquors to individuals under the age of 21; (vi) | ||||||
24 | whether the
event prohibits participants from removing | ||||||
25 | alcoholic beverages
from the venue; and (vii) whether the | ||||||
26 | event prohibits
participants from providing their own |
| |||||||
| |||||||
1 | alcoholic liquors to the
venue. | ||||||
2 | Alcoholic liquors may be served or sold in buildings under | ||||||
3 | the control of the Board of Trustees of Chicago State | ||||||
4 | University for events that the Board may determine are public | ||||||
5 | events and not student-related activities. The Board of | ||||||
6 | Trustees shall issue a written policy within 6 months after | ||||||
7 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
8 | concerning the types of events that would be eligible for an | ||||||
9 | exemption. Thereafter, the Board of Trustees may issue | ||||||
10 | revised, updated, new, or amended policies as it deems | ||||||
11 | necessary and appropriate. In preparing its written policy, | ||||||
12 | the Board of Trustees shall, in addition to other factors it | ||||||
13 | considers relevant and important, give consideration to the | ||||||
14 | following: (i) whether the event is a student activity or | ||||||
15 | student-related activity; (ii) whether the physical setting of | ||||||
16 | the event is conducive to control of liquor sales and | ||||||
17 | distribution; (iii) the ability of the event operator to | ||||||
18 | ensure that the sale or serving of alcoholic liquors and the | ||||||
19 | demeanor of the participants are in accordance with State law | ||||||
20 | and University policies; (iv) the anticipated attendees at the | ||||||
21 | event and the relative proportion of individuals under the age | ||||||
22 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
23 | venue operator to prevent the sale or distribution of | ||||||
24 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
25 | whether the event prohibits participants from removing | ||||||
26 | alcoholic beverages from the venue; and (vii) whether the |
| |||||||
| |||||||
1 | event prohibits participants from providing their own | ||||||
2 | alcoholic liquors to the venue. | ||||||
3 | Alcoholic liquors may be served or sold in buildings under
| ||||||
4 | the control of the Board of Trustees of Illinois State | ||||||
5 | University
for events that the Board may determine are public
| ||||||
6 | events and not student-related activities. The Board of
| ||||||
7 | Trustees shall issue a written policy within 6 months after | ||||||
8 | March 1, 2013 (the effective date of Public Act 97-1166) | ||||||
9 | concerning the types of events that would be eligible
for an | ||||||
10 | exemption. Thereafter, the Board of Trustees may issue
| ||||||
11 | revised, updated, new, or amended policies as it deems
| ||||||
12 | necessary and appropriate. In preparing its written policy, | ||||||
13 | the
Board of Trustees shall, in addition to other factors it | ||||||
14 | considers
relevant and important, give consideration to the | ||||||
15 | following:
(i) whether the event is a student activity or | ||||||
16 | student-related
activity; (ii) whether the physical setting of | ||||||
17 | the event is
conducive to control of liquor sales and | ||||||
18 | distribution; (iii)
the ability of the event operator to | ||||||
19 | ensure that the sale or
serving of alcoholic liquors and the | ||||||
20 | demeanor of the
participants are in accordance with State law | ||||||
21 | and University
policies; (iv) the anticipated attendees at the
| ||||||
22 | event and the relative proportion of individuals under the age | ||||||
23 | of
21 to individuals age 21 or older; (v) the ability of the | ||||||
24 | venue
operator to prevent the sale or distribution of | ||||||
25 | alcoholic
liquors to individuals under the age of 21; (vi) | ||||||
26 | whether the
event prohibits participants from removing |
| |||||||
| |||||||
1 | alcoholic beverages
from the venue; and (vii) whether the | ||||||
2 | event prohibits
participants from providing their own | ||||||
3 | alcoholic liquors to the
venue. | ||||||
4 | Alcoholic liquors may be served or sold in buildings under | ||||||
5 | the control of the Board of Trustees of Southern Illinois | ||||||
6 | University for events that the Board may determine are public | ||||||
7 | events and not student-related activities. The Board of | ||||||
8 | Trustees shall issue a written policy within 6 months after | ||||||
9 | August 12, 2016 (the effective date of Public Act 99-795) | ||||||
10 | concerning the types of events that would be eligible for an | ||||||
11 | exemption. Thereafter, the Board of Trustees may issue | ||||||
12 | revised, updated, new, or amended policies as it deems | ||||||
13 | necessary and appropriate. In preparing its written policy, | ||||||
14 | the Board of Trustees shall, in addition to other factors it | ||||||
15 | considers relevant and important, give consideration to the | ||||||
16 | following: (i) whether the event is a student activity or | ||||||
17 | student-related activity; (ii) whether the physical setting of | ||||||
18 | the event is conducive to control of liquor sales and | ||||||
19 | distribution; (iii) the ability of the event operator to | ||||||
20 | ensure that the sale or serving of alcoholic liquors and the | ||||||
21 | demeanor of the participants are in accordance with State law | ||||||
22 | and University policies; (iv) the anticipated attendees at the | ||||||
23 | event and the relative proportion of individuals under the age | ||||||
24 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
25 | venue operator to prevent the sale or distribution of | ||||||
26 | alcoholic liquors to individuals under the age of 21; (vi) |
| |||||||
| |||||||
1 | whether the event prohibits participants from removing | ||||||
2 | alcoholic beverages from the venue; and (vii) whether the | ||||||
3 | event prohibits participants from providing their own | ||||||
4 | alcoholic liquors to the venue. | ||||||
5 | Alcoholic liquors may be served or sold in buildings under | ||||||
6 | the control of the Board of Trustees of a public university for | ||||||
7 | events that the Board of Trustees of that public university | ||||||
8 | may determine are public events and not student-related | ||||||
9 | activities. If the Board of Trustees of a public university | ||||||
10 | has not issued a written policy pursuant to an exemption under | ||||||
11 | this Section on or before July 15, 2016 (the effective date of | ||||||
12 | Public Act 99-550), then that Board of Trustees shall issue a | ||||||
13 | written policy within 6 months after July 15, 2016 (the | ||||||
14 | effective date of Public Act 99-550) concerning the types of | ||||||
15 | events that would be eligible for an exemption. Thereafter, | ||||||
16 | the Board of Trustees may issue revised, updated, new, or | ||||||
17 | amended policies as it deems necessary and appropriate. In | ||||||
18 | preparing its written policy, the Board of Trustees shall, in | ||||||
19 | addition to other factors it considers relevant and important, | ||||||
20 | give consideration to the following: (i) whether the event is | ||||||
21 | a student activity or student-related activity; (ii) whether | ||||||
22 | the physical setting of the event is conducive to control of | ||||||
23 | liquor sales and distribution; (iii) the ability of the event | ||||||
24 | operator to ensure that the sale or serving of alcoholic | ||||||
25 | liquors and the demeanor of the participants are in accordance | ||||||
26 | with State law and University policies; (iv) the anticipated |
| |||||||
| |||||||
1 | attendees at the event and the relative proportion of | ||||||
2 | individuals under the age of 21 to individuals age 21 or older; | ||||||
3 | (v) the ability of the venue operator to prevent the sale or | ||||||
4 | distribution of alcoholic liquors to individuals under the age | ||||||
5 | of 21; (vi) whether the event prohibits participants from | ||||||
6 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
7 | the event prohibits participants from providing their own | ||||||
8 | alcoholic liquors to the venue. As used in this paragraph, | ||||||
9 | "public university" means the University of Illinois, Illinois | ||||||
10 | State University, Chicago State University, Governors State | ||||||
11 | University, Southern Illinois University, Northern Illinois | ||||||
12 | University, Eastern Illinois University, Western Illinois | ||||||
13 | University, and Northeastern Illinois University. | ||||||
14 | Alcoholic liquors may be served or sold in buildings under | ||||||
15 | the control of the Board of Trustees of a community college | ||||||
16 | district for events that the Board of Trustees of that | ||||||
17 | community college district may determine are public events and | ||||||
18 | not student-related activities. The Board of Trustees shall | ||||||
19 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
20 | effective date of Public Act 99-550) concerning the types of | ||||||
21 | events that would be eligible for an exemption. Thereafter, | ||||||
22 | the Board of Trustees may issue revised, updated, new, or | ||||||
23 | amended policies as it deems necessary and appropriate. In | ||||||
24 | preparing its written policy, the Board of Trustees shall, in | ||||||
25 | addition to other factors it considers relevant and important, | ||||||
26 | give consideration to the following: (i) whether the event is |
| |||||||
| |||||||
1 | a student activity or student-related activity; (ii) whether | ||||||
2 | the physical setting of the event is conducive to control of | ||||||
3 | liquor sales and distribution; (iii) the ability of the event | ||||||
4 | operator to ensure that the sale or serving of alcoholic | ||||||
5 | liquors and the demeanor of the participants are in accordance | ||||||
6 | with State law and community college district policies; (iv) | ||||||
7 | the anticipated attendees at the event and the relative | ||||||
8 | proportion of individuals under the age of 21 to individuals | ||||||
9 | age 21 or older; (v) the ability of the venue operator to | ||||||
10 | prevent the sale or distribution of alcoholic liquors to | ||||||
11 | individuals under the age of 21; (vi) whether the event | ||||||
12 | prohibits participants from removing alcoholic beverages from | ||||||
13 | the venue; and (vii) whether the event prohibits participants | ||||||
14 | from providing their own alcoholic liquors to the venue. This | ||||||
15 | paragraph does not apply to any community college district | ||||||
16 | authorized to sell or serve alcoholic liquor under any other | ||||||
17 | provision of this Section. | ||||||
18 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
19 | the
Dorchester Senior Business Center owned by the Village of | ||||||
20 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
21 | connection with organized
functions for which the planned | ||||||
22 | attendance is 20 or more persons, and if
the person or facility | ||||||
23 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
24 | shop liability insurance in maximum limits so as to hold
| ||||||
25 | harmless the Village of Dolton and the State from all | ||||||
26 | financial loss,
damage and harm.
|
| |||||||
| |||||||
1 | Alcoholic liquors may be delivered to and sold at retail | ||||||
2 | in any
building used as an Illinois State Armory provided:
| ||||||
3 | (i) the Adjutant General's written consent to the | ||||||
4 | issuance of a
license to sell alcoholic liquor in such | ||||||
5 | building is filed with the
Commission;
| ||||||
6 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
7 | connection
with organized functions held on special | ||||||
8 | occasions;
| ||||||
9 | (iii) the organized function is one for which the | ||||||
10 | planned attendance
is 25 or more persons; and
| ||||||
11 | (iv) the facility selling or dispensing the alcoholic | ||||||
12 | liquors has
provided dram shop liability insurance in | ||||||
13 | maximum limits so as to save
harmless the facility and the | ||||||
14 | State from all financial loss, damage or harm.
| ||||||
15 | Alcoholic liquors may be delivered to and sold at retail | ||||||
16 | in the Chicago
Civic Center, provided that:
| ||||||
17 | (i) the written consent of the Public Building | ||||||
18 | Commission which
administers the Chicago Civic Center is | ||||||
19 | filed with the Commission;
| ||||||
20 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
21 | connection with
organized functions held on special | ||||||
22 | occasions;
| ||||||
23 | (iii) the organized function is one for which the | ||||||
24 | planned attendance is
25 or more persons;
| ||||||
25 | (iv) the facility selling or dispensing the alcoholic | ||||||
26 | liquors has
provided dram shop liability insurance in |
| |||||||
| |||||||
1 | maximum limits so as to hold
harmless the Civic Center, | ||||||
2 | the City of Chicago and the State from all
financial loss, | ||||||
3 | damage or harm; and
| ||||||
4 | (v) all applicable local ordinances are complied with.
| ||||||
5 | Alcoholic liquors may be delivered or sold in any building | ||||||
6 | belonging to
or under the control of any city, village or | ||||||
7 | incorporated town where more
than 75% of the physical | ||||||
8 | properties of the building is used for commercial
or | ||||||
9 | recreational purposes, and the building is located upon a pier | ||||||
10 | extending
into or over the waters of a navigable lake or stream | ||||||
11 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
12 | with a license issued under this Act, alcoholic liquor may be | ||||||
13 | sold, served, or delivered in buildings and facilities under
| ||||||
14 | the control
of the Department of Natural Resources during | ||||||
15 | events or activities lasting no more than 7 continuous days | ||||||
16 | upon the written approval of the
Director of
Natural Resources | ||||||
17 | acting as the controlling government authority. The Director
| ||||||
18 | of
Natural Resources may specify conditions on that approval, | ||||||
19 | including but not
limited to
requirements for insurance and | ||||||
20 | hours of operation.
Notwithstanding any other provision of | ||||||
21 | this Act, alcoholic liquor sold by a
United States Army Corps | ||||||
22 | of Engineers or Department of Natural
Resources
concessionaire | ||||||
23 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
24 | only is not subject to the provisions of Articles IV and IX. | ||||||
25 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
26 | District Stadium owned by
the Joliet Park District when |
| |||||||
| |||||||
1 | written consent to the issuance of a license
to sell beer and | ||||||
2 | wine in such premises is filed with the local liquor
| ||||||
3 | commissioner by the Joliet Park District. Beer and wine may be | ||||||
4 | sold in
buildings on the grounds of State veterans' homes when | ||||||
5 | written consent to
the issuance of a license to sell beer and | ||||||
6 | wine in such buildings is filed
with the Commission by the | ||||||
7 | Department of Veterans' Affairs, and the
facility shall | ||||||
8 | provide dram shop liability in maximum insurance coverage
| ||||||
9 | limits so as to save the facility harmless from all financial | ||||||
10 | loss, damage
or harm. Such liquors may be delivered to and sold | ||||||
11 | at any property owned or
held under lease by a Metropolitan | ||||||
12 | Pier and Exposition Authority or
Metropolitan Exposition and | ||||||
13 | Auditorium Authority.
| ||||||
14 | Beer and wine may be sold and dispensed at professional | ||||||
15 | sporting events
and at professional concerts and other | ||||||
16 | entertainment events conducted on
premises owned by the Forest | ||||||
17 | Preserve District of Kane County, subject to
the control of | ||||||
18 | the District Commissioners and applicable local law,
provided | ||||||
19 | that dram shop liability insurance is provided at maximum | ||||||
20 | coverage
limits so as to hold the District harmless from all | ||||||
21 | financial loss, damage
and harm.
| ||||||
22 | Nothing in this Section shall preclude the sale or | ||||||
23 | delivery of beer and
wine at a State or county fair or the sale | ||||||
24 | or delivery of beer or wine at a
city fair in any otherwise | ||||||
25 | lawful manner.
| ||||||
26 | Alcoholic liquors may be sold at retail in buildings in |
| |||||||
| |||||||
1 | State parks
under the control of the Department of Natural | ||||||
2 | Resources,
provided:
| ||||||
3 | a. the State park has overnight lodging facilities | ||||||
4 | with some
restaurant facilities or, not having overnight | ||||||
5 | lodging facilities, has
restaurant facilities which serve | ||||||
6 | complete luncheon and dinner or
supper meals,
| ||||||
7 | b. (blank), and
| ||||||
8 | c. the alcoholic liquors are sold by the State park | ||||||
9 | lodge or
restaurant concessionaire only during the hours | ||||||
10 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
11 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
12 | liquor sold by the State park or restaurant concessionaire | ||||||
13 | is not
subject to the provisions of Articles IV and IX.
| ||||||
14 | Alcoholic liquors may be sold at retail in buildings on | ||||||
15 | properties
under the control of the Division of Historic | ||||||
16 | Preservation of the Department of Natural Resources
or the | ||||||
17 | Abraham Lincoln Presidential Library and Museum provided:
| ||||||
18 | a. the property has overnight lodging facilities with | ||||||
19 | some restaurant
facilities or, not having overnight | ||||||
20 | lodging facilities, has restaurant
facilities which serve | ||||||
21 | complete luncheon and dinner or supper meals,
| ||||||
22 | b. consent to the issuance of a license to sell | ||||||
23 | alcoholic liquors in
the buildings has been filed with the | ||||||
24 | commission by the Division of Historic
Preservation
of the | ||||||
25 | Department of Natural Resources or the Abraham Lincoln | ||||||
26 | Presidential Library and Museum,
and
|
| |||||||
| |||||||
1 | c. the alcoholic liquors are sold by the lodge or | ||||||
2 | restaurant
concessionaire only during the hours from 11 | ||||||
3 | o'clock a.m. until 12 o'clock
midnight.
| ||||||
4 | The sale of alcoholic liquors pursuant to this Section | ||||||
5 | does not
authorize the establishment and operation of | ||||||
6 | facilities commonly called
taverns, saloons, bars, cocktail | ||||||
7 | lounges, and the like except as a part
of lodge and restaurant | ||||||
8 | facilities in State parks or golf courses owned
by Forest | ||||||
9 | Preserve Districts with a population of less than 3,000,000 or
| ||||||
10 | municipalities or park districts.
| ||||||
11 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
12 | Administration Building of the Department of Transportation | ||||||
13 | and the
Illinois State Armory in Springfield; provided, that | ||||||
14 | the controlling
government authority may consent to such sales | ||||||
15 | only if
| ||||||
16 | a. the request is from a not-for-profit organization;
| ||||||
17 | b. such sales would not impede normal operations of | ||||||
18 | the departments
involved;
| ||||||
19 | c. the not-for-profit organization provides dram shop | ||||||
20 | liability in
maximum insurance coverage limits and agrees | ||||||
21 | to defend, save harmless
and indemnify the State of | ||||||
22 | Illinois from all financial loss, damage or harm;
| ||||||
23 | d. no such sale shall be made during normal working | ||||||
24 | hours of the
State of Illinois; and
| ||||||
25 | e. the consent is in writing.
| ||||||
26 | Alcoholic liquors may be sold at retail in buildings in |
| |||||||
| |||||||
1 | recreational
areas of river conservancy districts under the | ||||||
2 | control of, or leased
from, the river conservancy districts. | ||||||
3 | Such sales are subject to
reasonable local regulations as | ||||||
4 | provided in Article IV; however, no such
regulations may | ||||||
5 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
6 | on Sundays or Holidays.
| ||||||
7 | Alcoholic liquors may be provided in long term care | ||||||
8 | facilities owned or
operated by a county under Division 5-21 | ||||||
9 | or 5-22 of the Counties Code,
when approved by the facility | ||||||
10 | operator and not in conflict
with the regulations of the | ||||||
11 | Illinois Department of Public Health, to
residents of the | ||||||
12 | facility who have had their consumption of the alcoholic
| ||||||
13 | liquors provided approved in writing by a physician licensed | ||||||
14 | to practice
medicine in all its branches.
| ||||||
15 | Alcoholic liquors may be delivered to and dispensed in | ||||||
16 | State housing
assigned to employees of the Department of | ||||||
17 | Corrections.
No person shall furnish or allow to be furnished | ||||||
18 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
19 | reformatory, prison or house
of correction except upon a | ||||||
20 | physician's prescription for medicinal purposes.
| ||||||
21 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
22 | the Willard Ice
Building in Springfield, at the State Library | ||||||
23 | in Springfield, and at
Illinois State Museum facilities by (1) | ||||||
24 | an
agency of the State, whether legislative, judicial or | ||||||
25 | executive, provided
that such agency first obtains written | ||||||
26 | permission to sell or dispense
alcoholic liquors from the |
| |||||||
| |||||||
1 | controlling government authority, or by (2) a
not-for-profit | ||||||
2 | organization, provided that such organization:
| ||||||
3 | a. Obtains written consent from the controlling | ||||||
4 | government authority;
| ||||||
5 | b. Sells or dispenses the alcoholic liquors in a | ||||||
6 | manner that does not
impair normal operations of State | ||||||
7 | offices located in the building;
| ||||||
8 | c. Sells or dispenses alcoholic liquors only in | ||||||
9 | connection with an
official activity in the building;
| ||||||
10 | d. Provides, or its catering service provides, dram | ||||||
11 | shop liability
insurance in maximum coverage limits and in | ||||||
12 | which the carrier agrees to
defend, save harmless and | ||||||
13 | indemnify the State of Illinois from all
financial loss, | ||||||
14 | damage or harm arising out of the selling or dispensing of
| ||||||
15 | alcoholic liquors.
| ||||||
16 | Nothing in this Act shall prevent a not-for-profit | ||||||
17 | organization or agency
of the State from employing the | ||||||
18 | services of a catering establishment for
the selling or | ||||||
19 | dispensing of alcoholic liquors at authorized functions.
| ||||||
20 | The controlling government authority for the Willard Ice | ||||||
21 | Building in
Springfield shall be the Director of the | ||||||
22 | Department of Revenue. The
controlling government authority | ||||||
23 | for Illinois State Museum facilities shall
be the Director of | ||||||
24 | the Illinois State Museum. The controlling government
| ||||||
25 | authority for the State Library in Springfield shall be the | ||||||
26 | Secretary of State.
|
| |||||||
| |||||||
1 | Alcoholic liquors may be delivered to and sold at retail | ||||||
2 | or dispensed
at any facility, property or building under the | ||||||
3 | jurisdiction of the Division of
Historic Preservation of the | ||||||
4 | Department of Natural Resources
or the Abraham
Lincoln | ||||||
5 | Presidential Library and Museum
where the delivery, sale or
| ||||||
6 | dispensing is by (1)
an agency of the State, whether | ||||||
7 | legislative, judicial or executive,
provided that such agency | ||||||
8 | first obtains written permission to sell or
dispense alcoholic | ||||||
9 | liquors from a controlling government authority, or by (2) an | ||||||
10 | individual or organization provided that such individual or | ||||||
11 | organization:
| ||||||
12 | a. Obtains written consent from the controlling | ||||||
13 | government authority;
| ||||||
14 | b. Sells or dispenses the alcoholic liquors in a | ||||||
15 | manner that does not
impair normal workings of State | ||||||
16 | offices or operations located at the
facility, property or | ||||||
17 | building;
| ||||||
18 | c. Sells or dispenses alcoholic liquors only in | ||||||
19 | connection with an
official activity of the individual or | ||||||
20 | organization in the facility,
property or building;
| ||||||
21 | d. Provides, or its catering service provides, dram | ||||||
22 | shop liability
insurance in maximum coverage limits and in | ||||||
23 | which the carrier agrees to
defend, save harmless and | ||||||
24 | indemnify the State of Illinois from all
financial loss, | ||||||
25 | damage or harm arising out of the selling or dispensing of
| ||||||
26 | alcoholic liquors.
|
| |||||||
| |||||||
1 | The controlling government authority for the Division of
| ||||||
2 | Historic Preservation of the Department of Natural Resources
| ||||||
3 | shall be the Director of Natural Resources, and the
| ||||||
4 | controlling
government authority for the Abraham Lincoln | ||||||
5 | Presidential Library and Museum
shall be the Executive | ||||||
6 | Director of the Abraham Lincoln Presidential Library and | ||||||
7 | Museum.
| ||||||
8 | Alcoholic liquors may be delivered to and sold at retail | ||||||
9 | or dispensed for
consumption at the Michael Bilandic Building | ||||||
10 | at 160 North LaSalle Street,
Chicago IL 60601, after the | ||||||
11 | normal business hours of any child day care or child care
| ||||||
12 | facility located in the building, by (1) a commercial tenant | ||||||
13 | or subtenant
conducting business on the premises under a lease | ||||||
14 | made pursuant to Section
405-315 of the Department of Central | ||||||
15 | Management Services Law (20 ILCS
405/405-315), provided that | ||||||
16 | such tenant or subtenant who accepts delivery of,
sells, or | ||||||
17 | dispenses alcoholic liquors shall procure and maintain dram | ||||||
18 | shop
liability insurance in maximum coverage limits and in | ||||||
19 | which the carrier
agrees to defend, indemnify, and save | ||||||
20 | harmless the State of Illinois from
all financial loss, | ||||||
21 | damage, or harm arising out of the delivery, sale, or
| ||||||
22 | dispensing of alcoholic liquors, or by (2) an agency of the | ||||||
23 | State, whether
legislative, judicial, or executive, provided | ||||||
24 | that such agency first obtains
written permission to accept | ||||||
25 | delivery of and sell or dispense alcoholic liquors
from the | ||||||
26 | Director of Central Management Services, or by (3) a |
| |||||||
| |||||||
1 | not-for-profit
organization, provided that such organization:
| ||||||
2 | a. obtains written consent from the Department of | ||||||
3 | Central Management
Services;
| ||||||
4 | b. accepts delivery of and sells or dispenses the | ||||||
5 | alcoholic liquors in a
manner that does not impair normal | ||||||
6 | operations of State offices located in the
building;
| ||||||
7 | c. accepts delivery of and sells or dispenses | ||||||
8 | alcoholic liquors only in
connection with an official | ||||||
9 | activity in the building; and
| ||||||
10 | d. provides, or its catering service provides, dram | ||||||
11 | shop liability
insurance in maximum coverage limits and in | ||||||
12 | which the carrier agrees to
defend, save harmless, and | ||||||
13 | indemnify the State of Illinois from all
financial loss, | ||||||
14 | damage, or harm arising out of the selling or dispensing | ||||||
15 | of
alcoholic liquors.
| ||||||
16 | Nothing in this Act shall prevent a not-for-profit | ||||||
17 | organization or agency
of the State from employing the | ||||||
18 | services of a catering establishment for
the selling or | ||||||
19 | dispensing of alcoholic liquors at functions authorized by
the | ||||||
20 | Director of Central Management Services.
| ||||||
21 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
22 | the James R.
Thompson Center in Chicago, subject to the | ||||||
23 | provisions of Section 7.4 of the
State Property Control Act, | ||||||
24 | and 222 South College Street in Springfield,
Illinois by (1) a | ||||||
25 | commercial tenant or subtenant conducting business on the
| ||||||
26 | premises under a lease or sublease made pursuant to Section |
| |||||||
| |||||||
1 | 405-315 of the
Department of Central Management Services Law | ||||||
2 | (20 ILCS 405/405-315), provided
that such tenant or subtenant | ||||||
3 | who
sells or dispenses alcoholic liquors shall procure and | ||||||
4 | maintain dram shop
liability insurance in maximum coverage | ||||||
5 | limits and in which the carrier
agrees to defend, indemnify | ||||||
6 | and save harmless the State of Illinois from
all financial | ||||||
7 | loss, damage or harm arising out of the sale or dispensing of
| ||||||
8 | alcoholic liquors, or by (2) an agency of the State, whether | ||||||
9 | legislative,
judicial or executive, provided that such agency | ||||||
10 | first obtains written
permission to sell or dispense alcoholic | ||||||
11 | liquors from the Director of
Central Management Services, or | ||||||
12 | by (3) a not-for-profit organization,
provided that such | ||||||
13 | organization:
| ||||||
14 | a. Obtains written consent from the Department of | ||||||
15 | Central Management
Services;
| ||||||
16 | b. Sells or dispenses the alcoholic liquors in a | ||||||
17 | manner that does not
impair normal operations of State | ||||||
18 | offices located in the building;
| ||||||
19 | c. Sells or dispenses alcoholic liquors only in | ||||||
20 | connection with an
official activity in the building;
| ||||||
21 | d. Provides, or its catering service provides, dram | ||||||
22 | shop liability
insurance in maximum coverage limits and in | ||||||
23 | which the carrier agrees to
defend, save harmless and | ||||||
24 | indemnify the State of Illinois from all
financial loss, | ||||||
25 | damage or harm arising out of the selling or dispensing of
| ||||||
26 | alcoholic liquors.
|
| |||||||
| |||||||
1 | Nothing in this Act shall prevent a not-for-profit | ||||||
2 | organization or agency
of the State from employing the | ||||||
3 | services of a catering establishment for
the selling or | ||||||
4 | dispensing of alcoholic liquors at functions authorized by
the | ||||||
5 | Director of Central Management Services.
| ||||||
6 | Alcoholic liquors may be sold or delivered at any facility | ||||||
7 | owned by the
Illinois Sports Facilities Authority provided | ||||||
8 | that dram shop liability
insurance has been made available in | ||||||
9 | a form, with such coverage and in such
amounts as the Authority | ||||||
10 | reasonably determines is necessary.
| ||||||
11 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
12 | the Rockford
State Office Building by (1) an agency of the | ||||||
13 | State, whether legislative,
judicial or executive, provided | ||||||
14 | that such agency first obtains written
permission to sell or | ||||||
15 | dispense alcoholic liquors from the Department of
Central | ||||||
16 | Management Services, or by (2) a not-for-profit organization,
| ||||||
17 | provided that such organization:
| ||||||
18 | a. Obtains written consent from the Department of | ||||||
19 | Central Management
Services;
| ||||||
20 | b. Sells or dispenses the alcoholic liquors in a | ||||||
21 | manner that does not
impair normal operations of State | ||||||
22 | offices located in the building;
| ||||||
23 | c. Sells or dispenses alcoholic liquors only in | ||||||
24 | connection with an
official activity in the building;
| ||||||
25 | d. Provides, or its catering service provides, dram | ||||||
26 | shop liability
insurance in maximum coverage limits and in |
| |||||||
| |||||||
1 | which the carrier agrees to defend,
save harmless and | ||||||
2 | indemnify the State of Illinois from all financial loss,
| ||||||
3 | damage or harm arising out of the selling or dispensing of | ||||||
4 | alcoholic liquors.
| ||||||
5 | Nothing in this Act shall prevent a not-for-profit | ||||||
6 | organization or agency
of the State from employing the | ||||||
7 | services of a catering establishment for
the selling or | ||||||
8 | dispensing of alcoholic liquors at functions authorized by
the | ||||||
9 | Department of Central Management Services.
| ||||||
10 | Alcoholic liquors may be sold or delivered in a building | ||||||
11 | that is owned
by McLean County, situated on land owned by the | ||||||
12 | county in the City of
Bloomington, and used by the McLean | ||||||
13 | County Historical Society if the sale
or delivery is approved | ||||||
14 | by an ordinance adopted by the county board, and
the | ||||||
15 | municipality in which the building is located may not prohibit | ||||||
16 | that
sale or delivery, notwithstanding any other provision of | ||||||
17 | this Section. The
regulation of the sale and delivery of | ||||||
18 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
19 | situated on land owned by the county, and used
by the McLean | ||||||
20 | County Historical Society as provided in this paragraph is an
| ||||||
21 | exclusive power and function of the State and is a denial and | ||||||
22 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
23 | Illinois Constitution
of the power of a home rule municipality | ||||||
24 | to regulate that sale and delivery.
| ||||||
25 | Alcoholic liquors may be sold or delivered in any building | ||||||
26 | situated on
land held in trust for any school district |
| |||||||
| |||||||
1 | organized under Article 34 of
the School Code, if the building | ||||||
2 | is not used for school purposes and if the
sale or delivery is | ||||||
3 | approved by the board of education.
| ||||||
4 | Alcoholic liquors may be delivered to and sold at retail | ||||||
5 | in any building owned by a public library district, provided | ||||||
6 | that the delivery and sale is approved by the board of trustees | ||||||
7 | of that public library district and is limited to library | ||||||
8 | fundraising events or programs of a cultural or educational | ||||||
9 | nature. Before the board of trustees of a public library | ||||||
10 | district may approve the delivery and sale of alcoholic | ||||||
11 | liquors, the board of trustees of the public library district | ||||||
12 | must have a written policy that has been approved by the board | ||||||
13 | of trustees of the public library district governing when and | ||||||
14 | under what circumstances alcoholic liquors may be delivered to | ||||||
15 | and sold at retail on property owned by that public library | ||||||
16 | district. The written policy must (i) provide that no | ||||||
17 | alcoholic liquor may be sold, distributed, or consumed in any | ||||||
18 | area of the library accessible to the general public during | ||||||
19 | the event or program, (ii) prohibit the removal of alcoholic | ||||||
20 | liquor from the venue during the event, and (iii) require that | ||||||
21 | steps be taken to prevent the sale or distribution of | ||||||
22 | alcoholic liquor to persons under the age of 21. Any public | ||||||
23 | library district that has alcoholic liquor delivered to or | ||||||
24 | sold at retail on property owned by the public library | ||||||
25 | district shall provide dram shop liability insurance in | ||||||
26 | maximum insurance coverage limits so as to save harmless the |
| |||||||
| |||||||
1 | public library districts from all financial loss, damage, or | ||||||
2 | harm. | ||||||
3 | Alcoholic liquors may be sold or delivered in buildings | ||||||
4 | owned
by the Community Building Complex Committee of Boone | ||||||
5 | County,
Illinois if the person or facility selling or | ||||||
6 | dispensing the
alcoholic liquor has provided dram shop | ||||||
7 | liability insurance with coverage and
in amounts that the | ||||||
8 | Committee reasonably determines are necessary.
| ||||||
9 | Alcoholic liquors may be sold or delivered in the building | ||||||
10 | located at
1200 Centerville Avenue in Belleville, Illinois and | ||||||
11 | occupied by either the
Belleville Area Special Education | ||||||
12 | District or the Belleville Area Special
Services
Cooperative. | ||||||
13 | Alcoholic liquors may be delivered to and sold at the | ||||||
14 | Louis Joliet
Renaissance Center, City Center Campus, located | ||||||
15 | at 214 N. Ottawa Street,
Joliet, and
the Food | ||||||
16 | Services/Culinary Arts Department facilities, Main Campus, | ||||||
17 | located at
1215 Houbolt Road, Joliet, owned by or under the | ||||||
18 | control of Joliet Junior
College,
Illinois Community College | ||||||
19 | District No. 525.
| ||||||
20 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
21 | College, Illinois Community College District No. 504. | ||||||
22 | Alcoholic liquors may be delivered to and sold at the | ||||||
23 | College of DuPage, Illinois Community College District No. | ||||||
24 | 502. | ||||||
25 | Alcoholic liquors may be delivered to and sold on any | ||||||
26 | property owned, operated, or controlled by Lewis and Clark |
| |||||||
| |||||||
1 | Community College, Illinois Community College District No. | ||||||
2 | 536. | ||||||
3 | Alcoholic liquors may be delivered to and sold at the | ||||||
4 | building located at 446 East Hickory Avenue in Apple River, | ||||||
5 | Illinois, owned by the Apple River Fire Protection District, | ||||||
6 | and occupied by the Apple River Community Association if the | ||||||
7 | alcoholic liquor is sold or dispensed only in connection with | ||||||
8 | organized functions approved by the Apple River Community | ||||||
9 | Association for which the planned attendance is 20 or more | ||||||
10 | persons and if the person or facility selling or dispensing | ||||||
11 | the alcoholic liquor has provided dram shop liability | ||||||
12 | insurance in maximum limits so as to hold harmless the Apple | ||||||
13 | River Fire Protection District, the Village of Apple River, | ||||||
14 | and the Apple River Community Association from all financial | ||||||
15 | loss, damage, and harm. | ||||||
16 | Alcoholic liquors may be delivered to and sold at the | ||||||
17 | Sikia Restaurant, Kennedy King College Campus, located at 740 | ||||||
18 | West 63rd Street, Chicago, and at the Food Services in the | ||||||
19 | Great Hall/Washburne Culinary Institute Department facility, | ||||||
20 | Kennedy King College Campus, located at 740 West 63rd Street, | ||||||
21 | Chicago, owned by or under the control of City Colleges of | ||||||
22 | Chicago, Illinois Community College District No. 508.
| ||||||
23 | (Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; | ||||||
24 | 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. | ||||||
25 | 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17; | ||||||
26 | 100-695, eff. 8-3-18.) |
| |||||||
| |||||||
1 | Section 195. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows:
| ||||||
3 | (305 ILCS 5/5-19) (from Ch. 23, par. 5-19)
| ||||||
4 | Sec. 5-19. Healthy Kids Program.
| ||||||
5 | (a) Any child under the age of 21 eligible to receive | ||||||
6 | Medical Assistance
from the Illinois Department under Article | ||||||
7 | V of this Code shall be eligible
for Early and Periodic | ||||||
8 | Screening, Diagnosis and Treatment services provided
by the | ||||||
9 | Healthy Kids Program of the Illinois Department under the | ||||||
10 | Social
Security Act, 42 U.S.C. 1396d(r).
| ||||||
11 | (b) Enrollment of Children in Medicaid. The Illinois | ||||||
12 | Department shall
provide for receipt and initial processing of | ||||||
13 | applications for Medical
Assistance for all pregnant women and | ||||||
14 | children under the age of 21 at
locations in addition to those | ||||||
15 | used for processing applications for cash
assistance, | ||||||
16 | including disproportionate share hospitals, federally | ||||||
17 | qualified
health centers and other sites as selected by the | ||||||
18 | Illinois Department.
| ||||||
19 | (c) Healthy Kids Examinations. The Illinois Department | ||||||
20 | shall consider
any examination of a child eligible for the | ||||||
21 | Healthy Kids services provided
by a medical provider meeting | ||||||
22 | the requirements and complying with the rules
and regulations | ||||||
23 | of the Illinois Department to be reimbursed as a Healthy
Kids | ||||||
24 | examination.
|
| |||||||
| |||||||
1 | (d) Medical Screening Examinations.
| ||||||
2 | (1) The Illinois Department shall insure Medicaid | ||||||
3 | coverage for
periodic health, vision, hearing, and dental | ||||||
4 | screenings for children
eligible for Healthy Kids services | ||||||
5 | scheduled from a child's birth up until
the child turns 21 | ||||||
6 | years. The Illinois Department shall pay for vision,
| ||||||
7 | hearing, dental and health screening examinations for any | ||||||
8 | child eligible
for Healthy Kids services by qualified | ||||||
9 | providers at intervals established
by Department rules.
| ||||||
10 | (2) The Illinois Department shall pay for an | ||||||
11 | interperiodic health,
vision, hearing, or dental screening | ||||||
12 | examination for any child eligible
for Healthy Kids | ||||||
13 | services whenever an examination is:
| ||||||
14 | (A) requested by a child's parent, guardian, or
| ||||||
15 | custodian, or is determined to be necessary or | ||||||
16 | appropriate by social
services, developmental, health, | ||||||
17 | or educational personnel; or
| ||||||
18 | (B) necessary for enrollment in school; or
| ||||||
19 | (C) necessary for enrollment in a licensed child | ||||||
20 | day care program,
including Head Start; or
| ||||||
21 | (D) necessary for placement in a licensed child | ||||||
22 | welfare facility,
including a foster home, group home | ||||||
23 | or child care institution; or
| ||||||
24 | (E) necessary for attendance at a camping program; | ||||||
25 | or
| ||||||
26 | (F) necessary for participation in an organized |
| |||||||
| |||||||
1 | athletic program; or
| ||||||
2 | (G) necessary for enrollment in an early childhood | ||||||
3 | education program
recognized by the Illinois State | ||||||
4 | Board of Education; or
| ||||||
5 | (H) necessary for participation in a Women, | ||||||
6 | Infant, and Children
(WIC) program; or
| ||||||
7 | (I) deemed appropriate by the Illinois Department.
| ||||||
8 | (e) Minimum Screening Protocols For Periodic Health | ||||||
9 | Screening
Examinations. Health Screening Examinations must | ||||||
10 | include the following
services:
| ||||||
11 | (1) Comprehensive Health and Development Assessment | ||||||
12 | including:
| ||||||
13 | (A) Development/Mental Health/Psychosocial | ||||||
14 | Assessment; and
| ||||||
15 | (B) Assessment of nutritional status including | ||||||
16 | tests for iron
deficiency and anemia for children at | ||||||
17 | the following ages: 9 months, 2
years, 8 years, and 18 | ||||||
18 | years;
| ||||||
19 | (2) Comprehensive unclothed physical exam;
| ||||||
20 | (3) Appropriate immunizations at a minimum, as | ||||||
21 | required by the
Secretary of the U.S. Department of Health | ||||||
22 | and Human Services under
42 U.S.C. 1396d(r).
| ||||||
23 | (4) Appropriate laboratory tests including blood lead | ||||||
24 | levels
appropriate for age and risk factors.
| ||||||
25 | (A) Anemia test.
| ||||||
26 | (B) Sickle cell test.
|
| |||||||
| |||||||
1 | (C) Tuberculin test at 12 months of age and every | ||||||
2 | 1-2 years
thereafter unless the treating health care | ||||||
3 | professional determines that
testing is medically | ||||||
4 | contraindicated.
| ||||||
5 | (D) Other -- The Illinois Department shall insure | ||||||
6 | that testing for
HIV, drug exposure, and sexually | ||||||
7 | transmitted diseases is provided for as
clinically | ||||||
8 | indicated.
| ||||||
9 | (5) Health Education. The Illinois Department shall | ||||||
10 | require providers
to provide anticipatory guidance as | ||||||
11 | recommended by the American Academy of
Pediatrics.
| ||||||
12 | (6) Vision Screening. The Illinois Department shall | ||||||
13 | require providers
to provide vision screenings consistent | ||||||
14 | with those set forth in the
Department of Public Health's | ||||||
15 | Administrative Rules.
| ||||||
16 | (7) Hearing Screening. The Illinois Department shall | ||||||
17 | require providers
to provide hearing screenings consistent | ||||||
18 | with those set forth in the
Department of Public Health's | ||||||
19 | Administrative Rules.
| ||||||
20 | (8) Dental Screening. The Illinois Department shall | ||||||
21 | require
providers to provide dental screenings consistent | ||||||
22 | with those set forth in the
Department of Public Health's | ||||||
23 | Administrative Rules.
| ||||||
24 | (f) Covered Medical Services. The Illinois Department | ||||||
25 | shall provide
coverage for all necessary health care, | ||||||
26 | diagnostic services, treatment and
other measures to correct |
| |||||||
| |||||||
1 | or ameliorate defects, physical and mental
illnesses, and | ||||||
2 | conditions whether discovered by the screening services or
not | ||||||
3 | for all children eligible for Medical Assistance under Article | ||||||
4 | V of
this Code.
| ||||||
5 | (g) Notice of Healthy Kids Services.
| ||||||
6 | (1) The Illinois Department shall inform any child | ||||||
7 | eligible for Healthy
Kids services and the child's family | ||||||
8 | about the benefits provided under the
Healthy Kids | ||||||
9 | Program, including, but not limited to, the following: | ||||||
10 | what
services are available under Healthy Kids, including | ||||||
11 | discussion of the
periodicity schedules and immunization | ||||||
12 | schedules, that services are
provided at no cost to | ||||||
13 | eligible children, the benefits of preventive health
care, | ||||||
14 | where the services are available, how to obtain them, and | ||||||
15 | that
necessary transportation and scheduling assistance is | ||||||
16 | available.
| ||||||
17 | (2) The Illinois Department shall widely disseminate | ||||||
18 | information
regarding the availability of the Healthy Kids | ||||||
19 | Program throughout the State
by outreach activities which | ||||||
20 | shall include, but not be limited to, (i) the
development | ||||||
21 | of cooperation agreements with local school districts, | ||||||
22 | public
health agencies, clinics, hospitals and other | ||||||
23 | health care providers,
including developmental disability | ||||||
24 | and mental health providers, and with
charities, to notify | ||||||
25 | the constituents of each of the Program and assist
| ||||||
26 | individuals, as feasible, with applying for the Program, |
| |||||||
| |||||||
1 | (ii) using the
media for public service announcements and | ||||||
2 | advertisements of the Program,
and (iii) developing | ||||||
3 | posters advertising the Program for display in
hospital | ||||||
4 | and clinic waiting rooms.
| ||||||
5 | (3) The Illinois Department shall utilize accepted | ||||||
6 | methods for
informing persons who are illiterate, blind, | ||||||
7 | deaf, or cannot understand the
English language, including | ||||||
8 | but not limited to public services announcements
and | ||||||
9 | advertisements in the foreign language media of radio, | ||||||
10 | television and
newspapers.
| ||||||
11 | (4) The Illinois Department shall provide notice of | ||||||
12 | the Healthy Kids
Program to every child eligible for | ||||||
13 | Healthy Kids services and his or her
family at the | ||||||
14 | following times:
| ||||||
15 | (A) orally by the intake worker and in writing at | ||||||
16 | the time of
application for Medical Assistance;
| ||||||
17 | (B) at the time the applicant is informed that he | ||||||
18 | or she is eligible
for Medical Assistance benefits; | ||||||
19 | and
| ||||||
20 | (C) at least 20 days before the date of any | ||||||
21 | periodic health, vision,
hearing, and dental | ||||||
22 | examination for any child eligible for Healthy Kids
| ||||||
23 | services. Notice given under this subparagraph (C) | ||||||
24 | must state that a
screening examination is due under | ||||||
25 | the periodicity schedules and must
advise the eligible | ||||||
26 | child and his or her family that the Illinois
|
| |||||||
| |||||||
1 | Department will provide assistance in scheduling an | ||||||
2 | appointment and
arranging medical transportation.
| ||||||
3 | (h) Data Collection. The Illinois Department shall collect | ||||||
4 | data in a
usable form to track utilization of Healthy Kids | ||||||
5 | screening examinations by
children eligible for Healthy Kids | ||||||
6 | services, including but not limited to
data showing screening | ||||||
7 | examinations and immunizations received, a summary
of | ||||||
8 | follow-up treatment received by children eligible for Healthy | ||||||
9 | Kids
services and the number of children receiving dental, | ||||||
10 | hearing and vision
services.
| ||||||
11 | (i) On and after July 1, 2012, the Department shall reduce | ||||||
12 | any rate of reimbursement for services or other payments or | ||||||
13 | alter any methodologies authorized by this Code to reduce any | ||||||
14 | rate of reimbursement for services or other payments in | ||||||
15 | accordance with Section 5-5e. | ||||||
16 | (j) To ensure full access to the benefits set forth in this
| ||||||
17 | Section, on and after January 1, 2022, the Illinois Department
| ||||||
18 | shall ensure that provider and hospital reimbursements for
| ||||||
19 | immunization as required under this Section are no lower than
| ||||||
20 | 70% of the median regional maximum administration fee for the | ||||||
21 | State of Illinois as established
by the U.S. Department of | ||||||
22 | Health and Human Services' Centers
for Medicare and Medicaid | ||||||
23 | Services. | ||||||
24 | (Source: P.A. 102-43, eff. 7-6-21.)
| ||||||
25 | (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
|
| |||||||
| |||||||
1 | Sec. 9-6. Job Search, Training and Work Programs. The | ||||||
2 | Illinois Department
and local governmental units shall | ||||||
3 | initiate, promote and develop job search,
training and work | ||||||
4 | programs which will provide employment for and contribute
to | ||||||
5 | the training and experience of persons receiving aid under | ||||||
6 | Articles III,
V, and VI.
| ||||||
7 | The job search, training and work programs shall be | ||||||
8 | designed to preserve and
improve the work habits and skills of | ||||||
9 | recipients for whom jobs are not
otherwise immediately | ||||||
10 | available and to provide training and experience for
| ||||||
11 | recipients who lack the skills required for such employment | ||||||
12 | opportunities as
are or may become available. The Illinois | ||||||
13 | Department and local governmental
unit shall determine by rule | ||||||
14 | those classes of recipients who shall be subject
to | ||||||
15 | participation in such programs. If made subject to | ||||||
16 | participation, every
applicant for or recipient of public aid | ||||||
17 | who is determined to be "able to
engage in employment", as | ||||||
18 | defined by the Department or local governmental unit
pursuant | ||||||
19 | to rules and regulations, for whom unsubsidized jobs are not | ||||||
20 | otherwise
immediately available shall be required to | ||||||
21 | participate in any program
established under this Section.
| ||||||
22 | The Illinois Department shall establish with the Director | ||||||
23 | of Central
Management Services an outreach and training
| ||||||
24 | program designed to encourage and assist recipients | ||||||
25 | participating in job
search, training and work programs to | ||||||
26 | participate in open competitive
examinations for trainee and |
| |||||||
| |||||||
1 | other entry level positions to maximize
opportunities for | ||||||
2 | placement on open competitive eligible listings and
referral | ||||||
3 | to State agencies for employment consideration.
| ||||||
4 | The Department shall provide payment for transportation, | ||||||
5 | child care day-care and
Workers' Compensation costs which | ||||||
6 | occur for recipients as a result of
participating in job | ||||||
7 | search, training and work programs as described in
this | ||||||
8 | Section. The Department may decline to initiate such programs | ||||||
9 | in
areas where eligible recipients would be so few in number as | ||||||
10 | to not
economically justify such programs; and in this event | ||||||
11 | the Department shall
not require persons in such areas to | ||||||
12 | participate in any job search,
training, or work programs | ||||||
13 | whatsoever as a condition of their continued
receipt of, or | ||||||
14 | application for, aid.
| ||||||
15 | The programs may include, but shall not be limited to, | ||||||
16 | service in child
care centers, in preschool programs as | ||||||
17 | teacher aides and in public health
programs as home visitors | ||||||
18 | and health aides; the
maintenance of or services required in | ||||||
19 | connection with public offices,
buildings and grounds; state, | ||||||
20 | county and municipal hospitals, forest
preserves, parks, | ||||||
21 | playgrounds, streets and highways, and other
governmental | ||||||
22 | maintenance or construction directed toward environmental
| ||||||
23 | improvement; and similar facilities.
| ||||||
24 | The Illinois Department or local governmental units may | ||||||
25 | enter into agreements
with local taxing bodies and private | ||||||
26 | not-for-profit organizations, agencies
and institutions to |
| |||||||
| |||||||
1 | provide for the supervision and administration of job
search, | ||||||
2 | work and training projects authorized by this Section. Such | ||||||
3 | agreements
shall stipulate the requirements for utilization of | ||||||
4 | recipients in such
projects. In addition to any other | ||||||
5 | requirements dealing with the
administration of these | ||||||
6 | programs, the Department shall assure, pursuant to
rules and | ||||||
7 | regulations, that:
| ||||||
8 | (a) Recipients may not displace regular employees.
| ||||||
9 | (b) The maximum number of hours of mandatory work is 8 | ||||||
10 | hours per day and
40 hours per week, not to exceed 120 | ||||||
11 | hours per month.
| ||||||
12 | (c) The maximum number of hours per month shall be | ||||||
13 | determined by
dividing the recipient's benefits by the | ||||||
14 | federal minimum wage, rounded to
the lowest full hour. | ||||||
15 | "Recipient's benefits" in this subsection
includes: (i) | ||||||
16 | both cash assistance and food stamps provided to the
| ||||||
17 | entire assistance unit or household by the Illinois | ||||||
18 | Department where the
job search, work and training program | ||||||
19 | is administered by the Illinois
Department and, where | ||||||
20 | federal programs are involved, includes all such cash
| ||||||
21 | assistance and food stamps provided to the greatest extent | ||||||
22 | allowed by
federal law; or (ii) includes only cash | ||||||
23 | assistance provided to the entire
assistance unit by the | ||||||
24 | local governmental unit where the job search, work
and | ||||||
25 | training program is administered by the local governmental | ||||||
26 | unit.
|
| |||||||
| |||||||
1 | (d) The recipient shall be provided or compensated for | ||||||
2 | transportation
to and from the work location.
| ||||||
3 | (e) Appropriate terms regarding recipient compensation | ||||||
4 | are met.
| ||||||
5 | Local taxing bodies and private not-for-profit | ||||||
6 | organizations, agencies
and institutions which utilize | ||||||
7 | recipients in job search, work and training
projects | ||||||
8 | authorized by this Section are urged to include such | ||||||
9 | recipients in the
formulation of their employment policies.
| ||||||
10 | Unless directly paid by an employing local taxing body or | ||||||
11 | not-for-profit
agency, a recipient participating in a work | ||||||
12 | project who meets all requirements
set forth by the Illinois | ||||||
13 | Department shall receive credit towards his or
her monthly | ||||||
14 | assistance benefits for work performed based upon the | ||||||
15 | applicable
minimum wage rate. Where a recipient is paid | ||||||
16 | directly by an employing agency,
the Illinois Department or | ||||||
17 | local governmental unit shall provide for payment
to such | ||||||
18 | employing entity the appropriate amount of assistance benefits | ||||||
19 | to
which the recipient would otherwise be entitled under this | ||||||
20 | Code.
| ||||||
21 | The Illinois Department or its designee, including local | ||||||
22 | governmental units,
may enter into agreements with the | ||||||
23 | agencies or institutions providing work
under programs | ||||||
24 | established hereunder for payment to each such employer
| ||||||
25 | (hereinafter called "public service employer") of all or a | ||||||
26 | portion of the
wages to be paid to persons for the work |
| |||||||
| |||||||
1 | performed and other appropriate costs.
| ||||||
2 | If the number of persons receiving aid under Article VI is | ||||||
3 | insufficient
to justify the establishment of job search, | ||||||
4 | training and work programs
on a local basis by a local | ||||||
5 | governmental unit, or if for other good cause the
| ||||||
6 | establishment of a local program is impractical or | ||||||
7 | unwarranted, the local
governmental unit shall cooperate with | ||||||
8 | other local governmental units, with
civic and non-profit | ||||||
9 | community agencies, and with the Illinois Department in
| ||||||
10 | developing a program or programs which will jointly serve the | ||||||
11 | participating
governmental units and agencies.
| ||||||
12 | A local governmental unit receiving State funds shall | ||||||
13 | refer all
recipients able to engage in employment to such job | ||||||
14 | search, training and work
programs as are established, whether | ||||||
15 | within or without the governmental
unit, and as are accessible | ||||||
16 | to persons receiving aid from the governmental
unit. The | ||||||
17 | Illinois Department shall withhold allocation of state funds | ||||||
18 | to
any governmental unit which fails or refuses to make such | ||||||
19 | referrals.
| ||||||
20 | Participants in job search, training and work programs | ||||||
21 | shall be required
to maintain current registration for regular | ||||||
22 | employment under Section 11-10
and to accept any bona fide | ||||||
23 | offer of regular employment. They shall
likewise be required | ||||||
24 | to accept education, work and training opportunities
available | ||||||
25 | to them under other provisions of this Code or Federal law. The
| ||||||
26 | Illinois Department or local governmental unit shall provide |
| |||||||
| |||||||
1 | by rule for
periodic review of the circumstances of each | ||||||
2 | participant to determine the
feasibility of his placement in | ||||||
3 | regular employment or other work, education
and training | ||||||
4 | opportunities.
| ||||||
5 | Moneys made available for public aid purposes under | ||||||
6 | Articles IV
and VI may be expended to pay public service | ||||||
7 | employers all or a
portion of the wages of public service | ||||||
8 | employees and other appropriate
costs, to provide necessary | ||||||
9 | supervisory personnel and equipment, to
purchase Workers' | ||||||
10 | Compensation Insurance or to pay Workers' Compensation
claims, | ||||||
11 | and to provide transportation to and from work sites.
| ||||||
12 | The Department shall provide through rules and regulations | ||||||
13 | for sanctions
against applicants and recipients of aid under | ||||||
14 | this Code who fail to cooperate
with the regulations and | ||||||
15 | requirements established pursuant to this Section.
Such | ||||||
16 | sanctions may include the loss of eligibility to receive aid | ||||||
17 | under
Article VI of this Code for up to 3 months.
| ||||||
18 | The Department, in cooperation with a local governmental | ||||||
19 | unit, may maintain
a roster of persons who are required to | ||||||
20 | participate in a local job search,
training and work program. | ||||||
21 | In such cases, the roster shall be available
for inspection by | ||||||
22 | employers for the selection of possible workers.
| ||||||
23 | In addition to the programs authorized by this Section, | ||||||
24 | the Illinois
Department is authorized to administer any job | ||||||
25 | search, training or work
projects in conjunction with the | ||||||
26 | Federal Food Stamp Program, either under
this Section or under |
| |||||||
| |||||||
1 | other regulations required by the Federal government.
| ||||||
2 | The Illinois Department may also administer pilot programs | ||||||
3 | to provide job
search, training and work programs to | ||||||
4 | unemployed parents of children
receiving child support | ||||||
5 | enforcement services under Article X of this
Code.
| ||||||
6 | (Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
| ||||||
7 | (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
| ||||||
8 | Sec. 9A-7. Good cause and pre-sanction process.
| ||||||
9 | (a) The Department shall establish by rule what | ||||||
10 | constitutes good cause
for failure to participate in | ||||||
11 | education, training and employment programs,
failure to accept | ||||||
12 | suitable employment or terminating employment or reducing
| ||||||
13 | earnings.
| ||||||
14 | The Department shall establish, by rule, a pre-sanction | ||||||
15 | process to assist
in resolving disputes over proposed | ||||||
16 | sanctions and in determining if good cause
exists.
Good cause | ||||||
17 | shall include, but not be limited to:
| ||||||
18 | (1) temporary illness for its duration;
| ||||||
19 | (2) court required appearance or temporary | ||||||
20 | incarceration;
| ||||||
21 | (3) (blank);
| ||||||
22 | (4) death in the family;
| ||||||
23 | (5) (blank);
| ||||||
24 | (6) (blank);
| ||||||
25 | (7) (blank);
|
| |||||||
| |||||||
1 | (8) (blank);
| ||||||
2 | (9) extreme inclement weather;
| ||||||
3 | (10) (blank);
| ||||||
4 | (11) lack of any support service even though the | ||||||
5 | necessary service
is not specifically provided under the | ||||||
6 | Department program, to the extent
the lack of the needed | ||||||
7 | service presents a significant barrier to participation;
| ||||||
8 | (12) if an individual is engaged in employment or | ||||||
9 | training or both
that is consistent with the employment | ||||||
10 | related goals of the program, if
such employment and | ||||||
11 | training is later approved by Department staff;
| ||||||
12 | (13) (blank);
| ||||||
13 | (14) failure of Department staff to correctly forward | ||||||
14 | the information
to other Department staff;
| ||||||
15 | (15) failure of the participant to cooperate because | ||||||
16 | of attendance at
a test or a mandatory class or function at | ||||||
17 | an educational program
(including college), when an | ||||||
18 | education or training program is officially
approved by | ||||||
19 | the Department;
| ||||||
20 | (16) failure of the participant due to his or her | ||||||
21 | illiteracy;
| ||||||
22 | (17) failure of the participant because it is | ||||||
23 | determined that he or she
should be in a different | ||||||
24 | activity;
| ||||||
25 | (18) non-receipt by the participant of a notice | ||||||
26 | advising him or her of a
participation requirement. If
the |
| |||||||
| |||||||
1 | non-receipt of mail occurs frequently, the Department | ||||||
2 | shall
explore an alternative means of providing notices of | ||||||
3 | participation requests
to participants;
| ||||||
4 | (19) (blank);
| ||||||
5 | (20) non-comprehension of English, either written or | ||||||
6 | oral or both;
| ||||||
7 | (21) (blank);
| ||||||
8 | (22) (blank);
| ||||||
9 | (23) child care (or adult day care for an | ||||||
10 | incapacitated individual living in
the same home as a | ||||||
11 | dependent child) is necessary for the participation or
| ||||||
12 | employment and such care is not available for a child | ||||||
13 | under age 13;
| ||||||
14 | (24) failure to participate in an activity due to a | ||||||
15 | scheduled job
interview, medical appointment for the | ||||||
16 | participant or a household member, or
school appointment;
| ||||||
17 | (25) if an individual or family is experiencing | ||||||
18 | homelessness; an individual or family is experiencing | ||||||
19 | homelessness if the individual or family: (i) lacks a | ||||||
20 | fixed, regular, and adequate nighttime residence, or | ||||||
21 | shares the housing of other persons due to the loss of | ||||||
22 | housing, economic hardship, or a similar reason; (ii) is | ||||||
23 | living in a motel, hotel, trailer park, or camping ground | ||||||
24 | due to the lack of alternative accommodations; (iii) is | ||||||
25 | living in an emergency or transitional shelter; (iv) | ||||||
26 | resides in a primary nighttime residence that is a public |
| |||||||
| |||||||
1 | or private place not designed for or ordinarily used as a | ||||||
2 | regular sleeping accommodation for human beings; or (v) is | ||||||
3 | living in a car, park, public space, abandoned building, | ||||||
4 | substandard housing, bus, train station, or similar | ||||||
5 | settings;
| ||||||
6 | (26) circumstances beyond the control of the | ||||||
7 | participant which prevent
the participant from completing | ||||||
8 | program requirements;
| ||||||
9 | (27) (blank);
| ||||||
10 | (28) if an individual or family receives an eviction | ||||||
11 | notice; | ||||||
12 | (29) if an individual's or family's utilities are | ||||||
13 | disconnected; | ||||||
14 | (30) if an individual or family receives an utility | ||||||
15 | disconnection notice; or | ||||||
16 | (31) if an individual is exiting a publicly funded | ||||||
17 | institution or system of care (such as a health-care | ||||||
18 | facility, a mental health facility, foster care or other | ||||||
19 | youth facility, or correction program or institution) | ||||||
20 | without an option to move to a fixed, adequate night time | ||||||
21 | residence. | ||||||
22 | (b) (Blank).
| ||||||
23 | (c)(1) The Department shall establish a reconciliation | ||||||
24 | procedure to
assist in resolving disputes related to any | ||||||
25 | aspect of participation,
including exemptions, good cause, | ||||||
26 | sanctions or proposed sanctions,
supportive services, |
| |||||||
| |||||||
1 | assessments, responsibility and service
plans,
assignment to | ||||||
2 | activities, suitability of employment, or
refusals of offers
| ||||||
3 | of employment.
Through the reconciliation process the | ||||||
4 | Department shall have a mechanism to
identify good cause, | ||||||
5 | ensure that the client is aware of the issue, and enable
the | ||||||
6 | client to perform required activities without facing sanction.
| ||||||
7 | (2) A participant may request reconciliation and
receive | ||||||
8 | notice in
writing of a meeting. At least one face-to-face
| ||||||
9 | meeting may be scheduled to
resolve misunderstandings or | ||||||
10 | disagreements related to program participation
and situations | ||||||
11 | which may lead to a potential sanction. The meeting will
| ||||||
12 | address the underlying reason for the dispute and plan a | ||||||
13 | resolution to
enable the individual to participate in TANF | ||||||
14 | employment and work activity
requirements.
| ||||||
15 | (2.5) If the individual fails to appear at the | ||||||
16 | reconciliation meeting
without good cause, the reconciliation | ||||||
17 | is unsuccessful and a sanction shall be
imposed.
| ||||||
18 | (3) The reconciliation process shall continue after
it is | ||||||
19 | determined that
the individual did not have good cause for | ||||||
20 | non-cooperation. Any necessary
demonstration of cooperation on | ||||||
21 | the part of the participant will be part of
the reconciliation | ||||||
22 | process. Failure to demonstrate cooperation will result in | ||||||
23 | immediate
sanction.
| ||||||
24 | (4) For the first instance of non-cooperation, if the | ||||||
25 | client reaches
agreement to cooperate, the client shall be | ||||||
26 | allowed 30 days to demonstrate
cooperation before any sanction |
| |||||||
| |||||||
1 | activity may be imposed. In any subsequent
instances of | ||||||
2 | non-cooperation, the client shall be provided the opportunity | ||||||
3 | to
show good cause or remedy the situation by immediately | ||||||
4 | complying with the
requirement.
| ||||||
5 | (5) The Department shall document in the case record the | ||||||
6 | proceedings
of the reconciliation and provide the client in | ||||||
7 | writing
with a reconciliation
agreement.
| ||||||
8 | (6) If reconciliation resolves the dispute, no
sanction | ||||||
9 | shall be imposed.
If the client fails to comply with the | ||||||
10 | reconciliation agreement, the
Department shall then | ||||||
11 | immediately impose the original sanction.
If the dispute | ||||||
12 | cannot be resolved
during reconciliation, a sanction shall not | ||||||
13 | be imposed
until the reconciliation process is complete.
| ||||||
14 | (Source: P.A. 101-103, eff. 7-19-19.)
| ||||||
15 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| ||||||
16 | Sec. 9A-11. Child care.
| ||||||
17 | (a) The General Assembly recognizes that families with | ||||||
18 | children need child
care in order to work. Child care is | ||||||
19 | expensive and families with low incomes,
including those who | ||||||
20 | are transitioning from welfare to work, often struggle to
pay | ||||||
21 | the costs of child day care. The
General Assembly understands | ||||||
22 | the importance of helping low-income working
families become | ||||||
23 | and remain self-sufficient. The General Assembly also believes
| ||||||
24 | that it is the responsibility of families to share in the costs | ||||||
25 | of child care.
It is also the preference of the General |
| |||||||
| |||||||
1 | Assembly that all working poor
families should be treated | ||||||
2 | equally, regardless of their welfare status.
| ||||||
3 | (b) To the extent resources permit, the Illinois | ||||||
4 | Department shall provide
child care services to parents or | ||||||
5 | other relatives as defined by rule who are
working or | ||||||
6 | participating in employment or Department approved
education | ||||||
7 | or training programs. At a minimum, the Illinois Department | ||||||
8 | shall
cover the following categories of families:
| ||||||
9 | (1) recipients of TANF under Article IV participating | ||||||
10 | in work and training
activities as specified in the | ||||||
11 | personal plan for employment and
self-sufficiency;
| ||||||
12 | (2) families transitioning from TANF to work;
| ||||||
13 | (3) families at risk of becoming recipients of TANF;
| ||||||
14 | (4) families with special needs as defined by rule;
| ||||||
15 | (5) working families with very low incomes as defined | ||||||
16 | by rule;
| ||||||
17 | (6) families that are not recipients of TANF and that | ||||||
18 | need child care assistance to participate in education and | ||||||
19 | training activities; | ||||||
20 | (7) youth in care, as defined in Section 4d of the | ||||||
21 | Children and Family Services Act, who are parents, | ||||||
22 | regardless of income or whether they are working or | ||||||
23 | participating in Department-approved employment or | ||||||
24 | education or training programs. Any family that receives | ||||||
25 | child care assistance in accordance with this paragraph | ||||||
26 | shall receive one additional 12-month child care |
| |||||||
| |||||||
1 | eligibility period after the parenting youth in care's | ||||||
2 | case with the Department of Children and Family Services | ||||||
3 | is closed, regardless of income or whether the parenting | ||||||
4 | youth in care is working or participating in | ||||||
5 | Department-approved employment or education or training | ||||||
6 | programs; | ||||||
7 | (8) families receiving Extended Family Support Program | ||||||
8 | services from the Department of Children and Family | ||||||
9 | Services, regardless of income or whether they are working | ||||||
10 | or participating in Department-approved employment or | ||||||
11 | education or training programs; and | ||||||
12 | (9) families with children under the age of 5 who have | ||||||
13 | an open intact family services case with the Department of | ||||||
14 | Children and Family Services. Any family that receives | ||||||
15 | child care assistance in accordance with this paragraph | ||||||
16 | shall remain eligible for child care assistance 6 months | ||||||
17 | after the child's intact family services case is closed, | ||||||
18 | regardless of whether the child's parents or other | ||||||
19 | relatives as defined by rule are working or participating | ||||||
20 | in Department approved employment or education or training | ||||||
21 | programs. The Department of Human Services, in | ||||||
22 | consultation with the Department of Children and Family | ||||||
23 | Services, shall adopt rules to protect the privacy of | ||||||
24 | families who are the subject of an open intact family | ||||||
25 | services case when such families enroll in child care | ||||||
26 | services. Additional rules shall be adopted to offer |
| |||||||
| |||||||
1 | children who have an open intact family services case the | ||||||
2 | opportunity to receive an Early Intervention screening and | ||||||
3 | other services that their families may be eligible for as | ||||||
4 | provided by the Department of Human Services. | ||||||
5 | Beginning October 1, 2023, and every October 1 thereafter, | ||||||
6 | the Department of Children and Family Services shall report to | ||||||
7 | the General Assembly on the number of children who received | ||||||
8 | child care via vouchers paid for by the Department of Children | ||||||
9 | and Family Services during the preceding fiscal year. The | ||||||
10 | report shall include the ages of children who received child | ||||||
11 | care, the type of child care they received, and the number of | ||||||
12 | months they received child care. | ||||||
13 | The Department shall specify by rule the conditions of | ||||||
14 | eligibility, the
application process, and the types, amounts, | ||||||
15 | and duration of services.
Eligibility for
child care benefits | ||||||
16 | and the amount of child care provided may vary based on
family | ||||||
17 | size, income,
and other factors as specified by rule.
| ||||||
18 | The Department shall update the Child Care Assistance | ||||||
19 | Program Eligibility Calculator posted on its website to | ||||||
20 | include a question on whether a family is applying for child | ||||||
21 | care assistance for the first time or is applying for a | ||||||
22 | redetermination of eligibility. | ||||||
23 | A family's eligibility for child care services shall be | ||||||
24 | redetermined no sooner than 12 months following the initial | ||||||
25 | determination or most recent redetermination. During the | ||||||
26 | 12-month periods, the family shall remain eligible for child |
| |||||||
| |||||||
1 | care services regardless of (i) a change in family income, | ||||||
2 | unless family income exceeds 85% of State median income, or | ||||||
3 | (ii) a temporary change in the ongoing status of the parents or | ||||||
4 | other relatives, as defined by rule, as working or attending a | ||||||
5 | job training or educational program. | ||||||
6 | In determining income eligibility for child care benefits, | ||||||
7 | the Department
annually, at the beginning of each fiscal year, | ||||||
8 | shall
establish, by rule, one income threshold for each family | ||||||
9 | size, in relation to
percentage of State median income for a | ||||||
10 | family of that size, that makes
families with incomes below | ||||||
11 | the specified threshold eligible for assistance
and families | ||||||
12 | with incomes above the specified threshold ineligible for
| ||||||
13 | assistance. Through and including fiscal year 2007, the | ||||||
14 | specified threshold must be no less than 50% of the
| ||||||
15 | then-current State median income for each family size. | ||||||
16 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
17 | no less than 185% of the then-current federal poverty level | ||||||
18 | for each family size. Notwithstanding any other provision of | ||||||
19 | law or administrative rule to the contrary, beginning in | ||||||
20 | fiscal year 2019, the specified threshold for working families | ||||||
21 | with very low incomes as defined by rule must be no less than | ||||||
22 | 185% of the then-current federal poverty level for each family | ||||||
23 | size. Notwithstanding any other provision of law or | ||||||
24 | administrative rule to the contrary, beginning in State fiscal | ||||||
25 | year 2022, the specified
income threshold shall be no less | ||||||
26 | than 200% of the
then-current federal poverty level for each |
| |||||||
| |||||||
1 | family size.
| ||||||
2 | In determining eligibility for
assistance, the Department | ||||||
3 | shall not give preference to any category of
recipients
or | ||||||
4 | give preference to individuals based on their receipt of | ||||||
5 | benefits under this
Code.
| ||||||
6 | Nothing in this Section shall be
construed as conferring | ||||||
7 | entitlement status to eligible families.
| ||||||
8 | The Illinois
Department is authorized to lower income | ||||||
9 | eligibility ceilings, raise parent
co-payments, create waiting | ||||||
10 | lists, or take such other actions during a fiscal
year as are | ||||||
11 | necessary to ensure that child care benefits paid under this
| ||||||
12 | Article do not exceed the amounts appropriated for those child | ||||||
13 | care benefits.
These changes may be accomplished by emergency | ||||||
14 | rule under Section 5-45 of the
Illinois Administrative | ||||||
15 | Procedure Act, except that the limitation on the number
of | ||||||
16 | emergency rules that may be adopted in a 24-month period shall | ||||||
17 | not apply.
| ||||||
18 | The Illinois Department may contract with other State | ||||||
19 | agencies or child care
organizations for the administration of | ||||||
20 | child care services.
| ||||||
21 | (c) Payment shall be made for child care that otherwise | ||||||
22 | meets the
requirements of this Section and applicable | ||||||
23 | standards of State and local
law and regulation, including any | ||||||
24 | requirements the Illinois Department
promulgates by rule in | ||||||
25 | addition to the licensure
requirements
promulgated by the | ||||||
26 | Department of Children and Family Services and Fire
Prevention |
| |||||||
| |||||||
1 | and Safety requirements promulgated by the Office of the State
| ||||||
2 | Fire Marshal, and is provided in any of the following:
| ||||||
3 | (1) a child care center which is licensed or exempt | ||||||
4 | from licensure
pursuant to Section 2.09 of the Child Care | ||||||
5 | Act of 1969;
| ||||||
6 | (2) a licensed child care home or home exempt from | ||||||
7 | licensing;
| ||||||
8 | (3) a licensed group child care home;
| ||||||
9 | (4) other types of child care, including child care | ||||||
10 | provided
by relatives or persons living in the same home | ||||||
11 | as the child, as determined by
the Illinois Department by | ||||||
12 | rule.
| ||||||
13 | (c-5)
Solely for the purposes of coverage under the | ||||||
14 | Illinois Public Labor Relations Act, child and day care home | ||||||
15 | providers, including licensed and license exempt, | ||||||
16 | participating in the Department's child care assistance | ||||||
17 | program shall be considered to be public employees and the | ||||||
18 | State of Illinois shall be considered to be their employer as | ||||||
19 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
20 | but not before. The State shall engage in collective | ||||||
21 | bargaining with an exclusive representative of child and day | ||||||
22 | care home providers participating in the child care assistance | ||||||
23 | program concerning their terms and conditions of employment | ||||||
24 | that are within the State's control. Nothing in this | ||||||
25 | subsection shall be understood to limit the right of families | ||||||
26 | receiving services defined in this Section to select child and |
| |||||||
| |||||||
1 | day care home providers or supervise them within the limits of | ||||||
2 | this Section. The State shall not be considered to be the | ||||||
3 | employer of child and day care home providers for any purposes | ||||||
4 | not specifically provided in Public Act 94-320, including, but | ||||||
5 | not limited to, purposes of vicarious liability in tort and | ||||||
6 | purposes of statutory retirement or health insurance benefits. | ||||||
7 | Child and day care home providers shall not be covered by the | ||||||
8 | State Employees Group Insurance Act of 1971. | ||||||
9 | In according child and day care home providers and their | ||||||
10 | selected representative rights under the Illinois Public Labor | ||||||
11 | Relations Act, the State intends that the State action | ||||||
12 | exemption to application of federal and State antitrust laws | ||||||
13 | be fully available to the extent that their activities are | ||||||
14 | authorized by Public Act 94-320.
| ||||||
15 | (d) The Illinois Department shall establish, by rule, a | ||||||
16 | co-payment scale that provides for cost sharing by families | ||||||
17 | that receive
child care services, including parents whose only | ||||||
18 | income is from
assistance under this Code. The co-payment | ||||||
19 | shall be based on family income and family size and may be | ||||||
20 | based on other factors as appropriate. Co-payments may be | ||||||
21 | waived for families whose incomes are at or below the federal | ||||||
22 | poverty level.
| ||||||
23 | (d-5) The Illinois Department, in consultation with its | ||||||
24 | Child Care and Development Advisory Council, shall develop a | ||||||
25 | plan to revise the child care assistance program's co-payment | ||||||
26 | scale. The plan shall be completed no later than February 1, |
| |||||||
| |||||||
1 | 2008, and shall include: | ||||||
2 | (1) findings as to the percentage of income that the | ||||||
3 | average American family spends on child care and the | ||||||
4 | relative amounts that low-income families and the average | ||||||
5 | American family spend on other necessities of life;
| ||||||
6 | (2) recommendations for revising the child care | ||||||
7 | co-payment scale to assure that families receiving child | ||||||
8 | care services from the Department are paying no more than | ||||||
9 | they can reasonably afford; | ||||||
10 | (3) recommendations for revising the child care | ||||||
11 | co-payment scale to provide at-risk children with complete | ||||||
12 | access to Preschool for All and Head Start; and | ||||||
13 | (4) recommendations for changes in child care program | ||||||
14 | policies that affect the affordability of child care.
| ||||||
15 | (e) (Blank).
| ||||||
16 | (f) The Illinois Department shall, by rule, set rates to | ||||||
17 | be paid for the
various types of child care. Child care may be | ||||||
18 | provided through one of the
following methods:
| ||||||
19 | (1) arranging the child care through eligible | ||||||
20 | providers by use of
purchase of service contracts or | ||||||
21 | vouchers;
| ||||||
22 | (2) arranging with other agencies and community | ||||||
23 | volunteer groups for
non-reimbursed child care;
| ||||||
24 | (3) (blank); or
| ||||||
25 | (4) adopting such other arrangements as the Department | ||||||
26 | determines
appropriate.
|
| |||||||
| |||||||
1 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
2 | date of Public Act 100-587), the Department of Human Services | ||||||
3 | shall establish rates for child care providers that are no | ||||||
4 | less than the rates in effect on January 1, 2018 increased by | ||||||
5 | 4.26%. | ||||||
6 | (f-5) (Blank). | ||||||
7 | (g) Families eligible for assistance under this Section | ||||||
8 | shall be given the
following options:
| ||||||
9 | (1) receiving a child care certificate issued by the | ||||||
10 | Department or a
subcontractor of the Department that may | ||||||
11 | be used by the parents as payment for
child care and | ||||||
12 | development services only; or
| ||||||
13 | (2) if space is available, enrolling the child with a | ||||||
14 | child care provider
that has a purchase of service | ||||||
15 | contract with the Department or a subcontractor
of the | ||||||
16 | Department for the provision of child care and development | ||||||
17 | services.
The Department may identify particular priority | ||||||
18 | populations for whom they may
request special | ||||||
19 | consideration by a provider with purchase of service
| ||||||
20 | contracts, provided that the providers shall be permitted | ||||||
21 | to maintain a balance
of clients in terms of household | ||||||
22 | incomes and families and children with special
needs, as | ||||||
23 | defined by rule.
| ||||||
24 | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||||||
25 | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | ||||||
26 | 5-27-22.)
|
| |||||||
| |||||||
1 | Section 200. The Abused and Neglected Child Reporting Act | ||||||
2 | is amended by changing Sections 2, 4, and 8.2 as follows:
| ||||||
3 | (325 ILCS 5/2) (from Ch. 23, par. 2052)
| ||||||
4 | Sec. 2.
(a) The Illinois Department of Children and Family | ||||||
5 | Services
shall, upon receiving reports made under this Act, | ||||||
6 | protect the health,
safety, and best
interests of the child in | ||||||
7 | all situations in which the child is vulnerable to
child abuse | ||||||
8 | or neglect, offer protective services in order to prevent
any | ||||||
9 | further harm to the child and to other children in the same
| ||||||
10 | environment or family, stabilize the home environment,
and | ||||||
11 | preserve family life whenever possible. Recognizing that | ||||||
12 | children also can
be abused and neglected
while living in | ||||||
13 | public or private residential agencies or institutions
meant | ||||||
14 | to serve them, while attending child day care centers, | ||||||
15 | schools, or
religious activities, or
when in contact with | ||||||
16 | adults who are responsible for the welfare of the
child at that | ||||||
17 | time,
this Act also provides for the reporting and | ||||||
18 | investigation
of child abuse and neglect in such instances. In | ||||||
19 | performing any of these
duties, the Department may utilize | ||||||
20 | such protective services of voluntary
agencies as are | ||||||
21 | available.
| ||||||
22 | (b) The Department shall be responsible for receiving and | ||||||
23 | investigating reports of adult resident abuse or neglect under | ||||||
24 | the provisions of this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1446, eff. 8-20-10.)
| ||||||
2 | (325 ILCS 5/4)
| ||||||
3 | Sec. 4. Persons required to report; privileged | ||||||
4 | communications;
transmitting false report. | ||||||
5 | (a) The following persons are required to immediately | ||||||
6 | report to the Department when they have reasonable cause to | ||||||
7 | believe that a child known to them in their professional or | ||||||
8 | official capacities may be an abused child or a neglected | ||||||
9 | child: | ||||||
10 | (1) Medical personnel, including any: physician | ||||||
11 | licensed to practice medicine in any of its branches | ||||||
12 | (medical doctor or doctor of osteopathy); resident; | ||||||
13 | intern; medical administrator or personnel engaged in the | ||||||
14 | examination, care, and treatment of persons; psychiatrist; | ||||||
15 | surgeon; dentist; dental hygienist; chiropractic | ||||||
16 | physician; podiatric physician; physician assistant; | ||||||
17 | emergency medical technician; physical therapist; physical | ||||||
18 | therapy assistant; occupational therapist; occupational | ||||||
19 | therapy assistant; acupuncturist; registered nurse; | ||||||
20 | licensed practical nurse; advanced practice registered | ||||||
21 | nurse; genetic counselor; respiratory care practitioner; | ||||||
22 | home health aide; or certified nursing assistant. | ||||||
23 | (2) Social services and mental health personnel, | ||||||
24 | including any: licensed professional counselor; licensed | ||||||
25 | clinical professional counselor; licensed social worker; |
| |||||||
| |||||||
1 | licensed clinical social worker; licensed psychologist or | ||||||
2 | assistant working under the direct supervision of a | ||||||
3 | psychologist; associate licensed marriage and family | ||||||
4 | therapist; licensed marriage and family therapist; field | ||||||
5 | personnel of the Departments of Healthcare and Family | ||||||
6 | Services, Public Health, Human Services, Human Rights, or | ||||||
7 | Children and Family Services; supervisor or administrator | ||||||
8 | of the General Assistance program established under | ||||||
9 | Article VI of the Illinois Public Aid Code; social | ||||||
10 | services administrator; or substance abuse treatment | ||||||
11 | personnel. | ||||||
12 | (3) Crisis intervention personnel, including any: | ||||||
13 | crisis line or hotline personnel; or domestic violence | ||||||
14 | program personnel. | ||||||
15 | (4)
Education personnel, including any: school | ||||||
16 | personnel (including administrators and certified and | ||||||
17 | non-certified school employees); personnel of institutions | ||||||
18 | of higher education; educational advocate assigned to a | ||||||
19 | child in accordance with the School Code; member of a | ||||||
20 | school board or the Chicago Board of Education or the | ||||||
21 | governing body of a private school (but only to the extent | ||||||
22 | required under subsection (d)); or truant officer. | ||||||
23 | (5)
Recreation or athletic program or facility | ||||||
24 | personnel; or an athletic trainer. | ||||||
25 | (6)
Child care personnel, including any: early | ||||||
26 | intervention provider as defined in the Early Intervention |
| |||||||
| |||||||
1 | Services System Act; director or staff assistant of a | ||||||
2 | nursery school or a child day care center; or foster | ||||||
3 | parent, homemaker, or child care worker. | ||||||
4 | (7)
Law enforcement personnel, including any: law | ||||||
5 | enforcement officer; field personnel of the Department of | ||||||
6 | Juvenile Justice; field personnel of the Department of | ||||||
7 | Corrections; probation officer; or animal control officer | ||||||
8 | or field investigator of the Department of Agriculture's | ||||||
9 | Bureau of Animal Health and Welfare. | ||||||
10 | (8)
Any funeral home director; funeral home director | ||||||
11 | and embalmer; funeral home employee; coroner; or medical | ||||||
12 | examiner. | ||||||
13 | (9)
Any member of the clergy. | ||||||
14 | (10) Any physician, physician assistant, registered | ||||||
15 | nurse, licensed practical nurse, medical technician, | ||||||
16 | certified nursing assistant, licensed social worker, | ||||||
17 | licensed clinical social worker, or licensed professional | ||||||
18 | counselor of any office, clinic, licensed behavior | ||||||
19 | analyst, licensed assistant behavior analyst, or any other | ||||||
20 | physical location that provides abortions, abortion | ||||||
21 | referrals, or contraceptives. | ||||||
22 | (b) When 2 or more persons who work within the same | ||||||
23 | workplace and are required to report under this Act share a | ||||||
24 | reasonable cause to believe that a child may be an abused or | ||||||
25 | neglected child, one of those reporters may be designated to | ||||||
26 | make a single report. The report shall include the names and |
| |||||||
| |||||||
1 | contact information for the other mandated reporters sharing | ||||||
2 | the reasonable cause to believe that a child may be an abused | ||||||
3 | or neglected child. The designated reporter must provide | ||||||
4 | written confirmation of the report to those mandated reporters | ||||||
5 | within 48 hours. If confirmation is not provided, those | ||||||
6 | mandated reporters are individually responsible for | ||||||
7 | immediately ensuring a report is made. Nothing in this Section | ||||||
8 | precludes or may be used to preclude any person from reporting | ||||||
9 | child abuse or child neglect. | ||||||
10 | (c)(1) As used in this Section, "a child known to them in | ||||||
11 | their professional or official capacities" means: | ||||||
12 | (A) the mandated reporter comes into contact with the | ||||||
13 | child in the course of the reporter's employment or | ||||||
14 | practice of a profession, or through a regularly scheduled | ||||||
15 | program, activity, or service; | ||||||
16 | (B) the mandated reporter is affiliated with an | ||||||
17 | agency, institution, organization, school, school | ||||||
18 | district, regularly established church or religious | ||||||
19 | organization, or other entity that is directly responsible | ||||||
20 | for the care, supervision, guidance, or training of the | ||||||
21 | child; or | ||||||
22 | (C) a person makes a specific disclosure to the | ||||||
23 | mandated reporter that an identifiable child is the victim | ||||||
24 | of child abuse or child neglect, and the disclosure | ||||||
25 | happens while the mandated reporter is engaged in his or | ||||||
26 | her employment or practice of a profession, or in a |
| |||||||
| |||||||
1 | regularly scheduled program, activity, or service. | ||||||
2 | (2) Nothing in this Section requires a child to come | ||||||
3 | before the mandated reporter in order for the reporter to make | ||||||
4 | a report of suspected child abuse or child neglect.
| ||||||
5 | (d) If an allegation is raised to a school board member | ||||||
6 | during the course of an open or closed school board meeting | ||||||
7 | that a child who is enrolled in the school district of which he | ||||||
8 | or she is a board member is an abused child as defined in | ||||||
9 | Section 3 of this Act, the member shall direct or cause the | ||||||
10 | school board to direct the superintendent of the school | ||||||
11 | district or other equivalent school administrator to comply | ||||||
12 | with the requirements of this Act concerning the reporting of | ||||||
13 | child abuse. For purposes of this paragraph, a school board | ||||||
14 | member is granted the authority in his or her individual | ||||||
15 | capacity to direct the superintendent of the school district | ||||||
16 | or other equivalent school administrator to comply with the | ||||||
17 | requirements of this Act concerning the reporting of child | ||||||
18 | abuse.
| ||||||
19 | Notwithstanding any other provision of this Act, if an | ||||||
20 | employee of a school district has made a report or caused a | ||||||
21 | report to be made to the Department under this Act involving | ||||||
22 | the conduct of a current or former employee of the school | ||||||
23 | district and a request is made by another school district for | ||||||
24 | the provision of information concerning the job performance or | ||||||
25 | qualifications of the current or former employee because he or | ||||||
26 | she is an applicant for employment with the requesting school |
| |||||||
| |||||||
1 | district, the general superintendent of the school district to | ||||||
2 | which the request is being made must disclose to the | ||||||
3 | requesting school district the fact that an employee of the | ||||||
4 | school district has made a report involving the conduct of the | ||||||
5 | applicant or caused a report to be made to the Department, as | ||||||
6 | required under this Act. Only the fact that an employee of the | ||||||
7 | school district has made a report involving the conduct of the | ||||||
8 | applicant or caused a report to be made to the Department may | ||||||
9 | be disclosed by the general superintendent of the school | ||||||
10 | district to which the request for information concerning the | ||||||
11 | applicant is made, and this fact may be disclosed only in cases | ||||||
12 | where the employee and the general superintendent have not | ||||||
13 | been informed by the Department that the allegations were | ||||||
14 | unfounded. An employee of a school district who is or has been | ||||||
15 | the subject of a report made pursuant to this Act during his or | ||||||
16 | her employment with the school district must be informed by | ||||||
17 | that school district that if he or she applies for employment | ||||||
18 | with another school district, the general superintendent of | ||||||
19 | the former school district, upon the request of the school | ||||||
20 | district to which the employee applies, shall notify that | ||||||
21 | requesting school district that the employee is or was the | ||||||
22 | subject of such a report.
| ||||||
23 | (e) Whenever
such person is required to report under this | ||||||
24 | Act in his capacity as a member of
the staff of a medical or | ||||||
25 | other public or private institution, school, facility
or | ||||||
26 | agency, or as a member of the clergy, he shall
make report |
| |||||||
| |||||||
1 | immediately to the Department in accordance
with the | ||||||
2 | provisions of this Act and may also notify the person in charge | ||||||
3 | of
such institution, school, facility or agency, or church, | ||||||
4 | synagogue, temple,
mosque, or other religious institution, or | ||||||
5 | his
designated agent that such
report has been made. Under no | ||||||
6 | circumstances shall any person in charge of
such institution, | ||||||
7 | school, facility or agency, or church, synagogue, temple,
| ||||||
8 | mosque, or other religious institution, or his
designated | ||||||
9 | agent to whom
such notification has been made, exercise any | ||||||
10 | control, restraint, modification
or other change in the report | ||||||
11 | or the forwarding of such report to the
Department.
| ||||||
12 | (f) In addition to the persons required to report | ||||||
13 | suspected cases of child abuse or child neglect under this | ||||||
14 | Section, any other person may make a report if such person has | ||||||
15 | reasonable cause to believe a child may be an abused child or a | ||||||
16 | neglected child. | ||||||
17 | (g) The privileged quality of communication between any | ||||||
18 | professional
person required to report
and his patient or | ||||||
19 | client shall not apply to situations involving abused or
| ||||||
20 | neglected children and shall not constitute grounds for | ||||||
21 | failure to report
as required by this Act or constitute | ||||||
22 | grounds for failure to share information or documents with the | ||||||
23 | Department during the course of a child abuse or neglect | ||||||
24 | investigation. If requested by the professional, the | ||||||
25 | Department shall confirm in writing that the information or | ||||||
26 | documents disclosed by the professional were gathered in the |
| |||||||
| |||||||
1 | course of a child abuse or neglect investigation.
| ||||||
2 | The reporting requirements of this Act shall not apply to | ||||||
3 | the contents of a privileged communication between an attorney | ||||||
4 | and his or her client or to confidential information within | ||||||
5 | the meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
6 | Conduct relating to the legal representation of an individual | ||||||
7 | client. | ||||||
8 | A member of the clergy may claim the privilege under | ||||||
9 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
10 | (h) Any office, clinic, or any other physical location | ||||||
11 | that provides abortions, abortion referrals, or contraceptives | ||||||
12 | shall provide to all office personnel copies of written | ||||||
13 | information and training materials about abuse and neglect and | ||||||
14 | the requirements of this Act that are provided to employees of | ||||||
15 | the office, clinic, or physical location who are required to | ||||||
16 | make reports to the Department under this Act, and instruct | ||||||
17 | such office personnel to bring to the attention of an employee | ||||||
18 | of the office, clinic, or physical location who is required to | ||||||
19 | make reports to the Department under this Act any reasonable | ||||||
20 | suspicion that a child known to him or her in his or her | ||||||
21 | professional or official capacity may be an abused child or a | ||||||
22 | neglected child.
| ||||||
23 | (i) Any person who enters into
employment on and after | ||||||
24 | July 1, 1986 and is mandated by virtue of that
employment to | ||||||
25 | report under this Act, shall sign a statement on a form
| ||||||
26 | prescribed by the Department, to the effect that the employee |
| |||||||
| |||||||
1 | has knowledge
and understanding of the reporting requirements | ||||||
2 | of this Act. On and after January 1, 2019, the statement
shall | ||||||
3 | also include information about available mandated reporter | ||||||
4 | training provided by the Department. The statement
shall be | ||||||
5 | signed prior to commencement of the employment. The signed
| ||||||
6 | statement shall be retained by the employer. The cost of | ||||||
7 | printing,
distribution, and filing of the statement shall be | ||||||
8 | borne by the employer.
| ||||||
9 | (j) Persons required to report child abuse or child | ||||||
10 | neglect as provided under this Section must complete an | ||||||
11 | initial mandated reporter training, including a section on | ||||||
12 | implicit bias, within 3 months of their date of engagement in a | ||||||
13 | professional or official capacity as a mandated reporter, or | ||||||
14 | within the time frame of any other applicable State law that | ||||||
15 | governs training requirements for a specific profession, and | ||||||
16 | at least every 3 years thereafter. The initial requirement | ||||||
17 | only applies to the first time they engage in their | ||||||
18 | professional or official capacity. In lieu of training every 3 | ||||||
19 | years, medical personnel, as listed in paragraph (1) of | ||||||
20 | subsection (a), must meet the requirements described in | ||||||
21 | subsection (k). | ||||||
22 | The mandated reporter trainings shall be in-person or | ||||||
23 | web-based, and shall include, at a minimum, information on the | ||||||
24 | following topics: (i) indicators for recognizing child abuse | ||||||
25 | and child neglect, as defined under this Act; (ii) the process | ||||||
26 | for reporting suspected child abuse and child neglect in |
| |||||||
| |||||||
1 | Illinois as required by this Act and the required | ||||||
2 | documentation; (iii) responding to a child in a | ||||||
3 | trauma-informed manner; and (iv) understanding the response of | ||||||
4 | child protective services and the role of the reporter after a | ||||||
5 | call has been made. Child-serving organizations are encouraged | ||||||
6 | to provide in-person annual trainings. | ||||||
7 | The implicit bias section shall be in-person or web-based, | ||||||
8 | and shall include, at a minimum, information on the following | ||||||
9 | topics: (i) implicit bias and (ii) racial and ethnic | ||||||
10 | sensitivity. As used in this subsection, "implicit bias" means | ||||||
11 | the attitudes or internalized stereotypes that affect people's | ||||||
12 | perceptions, actions, and decisions in an unconscious manner | ||||||
13 | and that exist and often contribute to unequal treatment of | ||||||
14 | people based on race, ethnicity, gender identity, sexual | ||||||
15 | orientation, age, disability, and other characteristics. The | ||||||
16 | implicit bias section shall provide tools to adjust automatic | ||||||
17 | patterns of thinking and ultimately eliminate discriminatory | ||||||
18 | behaviors. During these trainings mandated reporters shall | ||||||
19 | complete the following: (1) a pretest to assess baseline | ||||||
20 | implicit bias levels; (2) an implicit bias training task; and | ||||||
21 | (3) a posttest to reevaluate bias levels after training. The | ||||||
22 | implicit bias curriculum for mandated reporters shall be | ||||||
23 | developed within one year after January 1, 2022 ( the effective | ||||||
24 | date of Public Act 102-604) this amendatory Act of the 102nd | ||||||
25 | General Assembly and shall be created in consultation with | ||||||
26 | organizations demonstrating expertise and or experience in the |
| |||||||
| |||||||
1 | areas of implicit bias, youth and adolescent developmental | ||||||
2 | issues, prevention of child abuse, exploitation, and neglect, | ||||||
3 | culturally diverse family systems, and the child welfare | ||||||
4 | system. | ||||||
5 | The mandated reporter training, including a section on | ||||||
6 | implicit bias, shall be provided through the Department, | ||||||
7 | through an entity authorized to provide continuing education | ||||||
8 | for professionals licensed through the Department of Financial | ||||||
9 | and Professional Regulation, the State Board of Education, the | ||||||
10 | Illinois Law Enforcement Training Standards Board, or the | ||||||
11 | Illinois Department of State Police, or through an | ||||||
12 | organization approved by the Department to provide mandated | ||||||
13 | reporter training, including a section on implicit bias. The | ||||||
14 | Department must make available a free web-based training for | ||||||
15 | reporters. | ||||||
16 | Each mandated reporter shall report to his or her employer | ||||||
17 | and, when applicable, to his or her licensing or certification | ||||||
18 | board that he or she received the mandated reporter training. | ||||||
19 | The mandated reporter shall maintain records of completion. | ||||||
20 | Beginning January 1, 2021, if a mandated reporter receives | ||||||
21 | licensure from the Department of Financial and Professional | ||||||
22 | Regulation or the State Board of Education, and his or her | ||||||
23 | profession has continuing education requirements, the training | ||||||
24 | mandated under this Section shall count toward meeting the | ||||||
25 | licensee's required continuing education hours. | ||||||
26 | (k)(1) Medical personnel, as listed in paragraph (1) of |
| |||||||
| |||||||
1 | subsection (a), who work with children in their professional | ||||||
2 | or official capacity, must complete mandated reporter training | ||||||
3 | at least every 6 years. Such medical personnel, if licensed, | ||||||
4 | must attest at each time of licensure renewal on their renewal | ||||||
5 | form that they understand they are a mandated reporter of | ||||||
6 | child abuse and neglect, that they are aware of the process for | ||||||
7 | making a report, that they know how to respond to a child in a | ||||||
8 | trauma-informed manner, and that they are aware of the role of | ||||||
9 | child protective services and the role of a reporter after a | ||||||
10 | call has been made. | ||||||
11 | (2) In lieu of repeated training, medical personnel, as | ||||||
12 | listed in paragraph (1) of subsection (a), who do not work with | ||||||
13 | children in their professional or official capacity, may | ||||||
14 | instead attest each time at licensure renewal on their renewal | ||||||
15 | form that they understand they are a mandated reporter of | ||||||
16 | child abuse and neglect, that they are aware of the process for | ||||||
17 | making a report, that they know how to respond to a child in a | ||||||
18 | trauma-informed manner, and that they are aware of the role of | ||||||
19 | child protective services and the role of a reporter after a | ||||||
20 | call has been made. Nothing in this paragraph precludes | ||||||
21 | medical personnel from completing mandated reporter training | ||||||
22 | and receiving continuing education credits for that training. | ||||||
23 | (l) The Department shall provide copies of this Act, upon | ||||||
24 | request, to all
employers employing persons who shall be | ||||||
25 | required under the provisions of
this Section to report under | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (m) Any person who knowingly transmits a false report to | ||||||
2 | the Department
commits the offense of disorderly conduct under | ||||||
3 | subsection (a)(7) of
Section 26-1 of the Criminal Code of | ||||||
4 | 2012. A violation of this provision is a Class 4 felony.
| ||||||
5 | Any person who knowingly and willfully violates any | ||||||
6 | provision of this
Section other than a second or subsequent | ||||||
7 | violation of transmitting a
false report as described in the
| ||||||
8 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
9 | first violation and a Class
4 felony for a
second or subsequent | ||||||
10 | violation; except that if the person acted as part
of a plan or | ||||||
11 | scheme having as its object the
prevention of discovery of an | ||||||
12 | abused or neglected child by lawful authorities
for the
| ||||||
13 | purpose of protecting or insulating any person or entity from | ||||||
14 | arrest or
prosecution, the
person is guilty of a Class 4 felony | ||||||
15 | for a first offense and a Class 3 felony
for a second or
| ||||||
16 | subsequent offense (regardless of whether the second or | ||||||
17 | subsequent offense
involves any
of the same facts or persons | ||||||
18 | as the first or other prior offense).
| ||||||
19 | (n) A child whose parent, guardian or custodian in good | ||||||
20 | faith selects and depends
upon spiritual means through prayer | ||||||
21 | alone for the treatment or cure of
disease or remedial care may | ||||||
22 | be considered neglected or abused, but not for
the sole reason | ||||||
23 | that his parent, guardian or custodian accepts and
practices | ||||||
24 | such beliefs.
| ||||||
25 | (o) A child shall not be considered neglected or abused | ||||||
26 | solely because the
child is not attending school in accordance |
| |||||||
| |||||||
1 | with the requirements of
Article 26 of the School Code, as | ||||||
2 | amended.
| ||||||
3 | (p) Nothing in this Act prohibits a mandated reporter who | ||||||
4 | reasonably believes that an animal is being abused or | ||||||
5 | neglected in violation of the Humane Care for Animals Act from | ||||||
6 | reporting animal abuse or neglect to the Department of | ||||||
7 | Agriculture's Bureau of Animal Health and Welfare. | ||||||
8 | (q) A home rule unit may not regulate the reporting of | ||||||
9 | child abuse or neglect in a manner inconsistent with the | ||||||
10 | provisions of this Section. This Section is a limitation under | ||||||
11 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
12 | Constitution on the concurrent exercise by home rule units of | ||||||
13 | powers and functions exercised by the State. | ||||||
14 | (r) For purposes of this Section "child abuse or neglect" | ||||||
15 | includes abuse or neglect of an adult resident as defined in | ||||||
16 | this Act. | ||||||
17 | (Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22; | ||||||
18 | 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised | ||||||
19 | 12-14-22.)
| ||||||
20 | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
| ||||||
21 | Sec. 8.2. If the Child Protective Service Unit determines, | ||||||
22 | following
an investigation made pursuant to Section 7.4 of | ||||||
23 | this Act, that there is
credible evidence that the child is | ||||||
24 | abused or neglected, the Department
shall assess the family's | ||||||
25 | need for services, and, as necessary, develop,
with the |
| |||||||
| |||||||
1 | family, an appropriate service plan for the family's voluntary
| ||||||
2 | acceptance or refusal. In any case where there is evidence | ||||||
3 | that the
perpetrator of the abuse or neglect has a substance | ||||||
4 | use disorder as defined in the Substance Use Disorder Act, the | ||||||
5 | Department, when
making referrals for drug or alcohol abuse | ||||||
6 | services, shall make such referrals
to facilities licensed by | ||||||
7 | the Department of Human Services or the Department
of Public | ||||||
8 | Health. The Department shall comply with Section 8.1 by | ||||||
9 | explaining
its lack of legal authority to compel the | ||||||
10 | acceptance of services and may
explain its concomitant | ||||||
11 | authority to petition the Circuit court
under the Juvenile | ||||||
12 | Court Act of 1987 or refer the case to the local law
| ||||||
13 | enforcement authority or State's attorney for criminal | ||||||
14 | prosecution.
| ||||||
15 | For purposes of this Act, the term "family preservation | ||||||
16 | services"
refers to all services
to help families, including | ||||||
17 | adoptive and extended families. Family
preservation services | ||||||
18 | shall be
offered, where safe and appropriate,
to prevent the | ||||||
19 | placement of children in substitute
care when the children can | ||||||
20 | be cared for at home or in the custody of the
person | ||||||
21 | responsible for the children's welfare without endangering the
| ||||||
22 | children's health or safety, to reunite them with their
| ||||||
23 | families if so placed when reunification
is an appropriate | ||||||
24 | goal, or to maintain an adoptive placement. The term
| ||||||
25 | "homemaker" includes emergency caretakers, homemakers, | ||||||
26 | caretakers,
housekeepers and chore services. The term |
| |||||||
| |||||||
1 | "counseling" includes individual
therapy, infant stimulation | ||||||
2 | therapy, family therapy, group therapy,
self-help groups, drug | ||||||
3 | and alcohol abuse counseling, vocational counseling
and | ||||||
4 | post-adoptive services. The term " child day care" includes | ||||||
5 | protective child day
care and child day care to meet | ||||||
6 | educational, prevocational or vocational needs.
The term | ||||||
7 | "emergency assistance and advocacy" includes coordinated | ||||||
8 | services
to secure emergency cash, food, housing and medical | ||||||
9 | assistance or advocacy
for other subsistence and family | ||||||
10 | protective needs.
| ||||||
11 | Before July 1, 2000, appropriate family preservation | ||||||
12 | services shall, subject
to appropriation, be included in the | ||||||
13 | service plan if the Department has
determined that those | ||||||
14 | services will ensure the child's health and safety, are
in the | ||||||
15 | child's best interests, and will not place the child in | ||||||
16 | imminent risk of
harm. Beginning July 1, 2000, appropriate | ||||||
17 | family preservation services shall
be uniformly available | ||||||
18 | throughout the State. The Department shall promptly
notify | ||||||
19 | children and families of the Department's responsibility to | ||||||
20 | offer and
provide family preservation services as identified | ||||||
21 | in the service plan. Such
plans may include but are not limited | ||||||
22 | to: case management services; homemakers;
counseling; parent | ||||||
23 | education; child day care; emergency assistance and advocacy
| ||||||
24 | assessments; respite care; in-home health care; transportation | ||||||
25 | to obtain any of
the above services; and medical assistance. | ||||||
26 | Nothing in this paragraph shall be
construed to create a |
| |||||||
| |||||||
1 | private right of action or claim on the part of any
individual | ||||||
2 | or child welfare agency, except that when a child is the | ||||||
3 | subject of an action under Article II of the Juvenile Court Act | ||||||
4 | of 1987 and the child's service plan calls for services to | ||||||
5 | facilitate achievement of the permanency goal, the court | ||||||
6 | hearing the action under Article II of the Juvenile Court Act | ||||||
7 | of 1987 may order the Department to provide the services set | ||||||
8 | out in the plan, if those services are not provided with | ||||||
9 | reasonable promptness and if those services are available.
| ||||||
10 | Each Department field office shall maintain on a local | ||||||
11 | basis
directories of services available to children and | ||||||
12 | families in the local
area where the Department office is | ||||||
13 | located.
| ||||||
14 | The Department shall refer children and families served
| ||||||
15 | pursuant to this Section to private agencies and governmental | ||||||
16 | agencies,
where available.
| ||||||
17 | Incentives that discourage or reward a decision to provide | ||||||
18 | family preservation services after a report is indicated or a | ||||||
19 | decision to refer a child for the filing of a petition under | ||||||
20 | Article II of the Juvenile Court Act of 1987 are strictly | ||||||
21 | prohibited and shall not be included in any contract, quality | ||||||
22 | assurance, or performance review process. Incentives include, | ||||||
23 | but are not limited to, monetary benefits, contingencies, and | ||||||
24 | enhanced or diminished performance reviews for individuals or | ||||||
25 | agencies. | ||||||
26 | Any decision regarding whether to provide family |
| |||||||
| |||||||
1 | preservation services after an indicated report or to refer a | ||||||
2 | child for the filing of a petition under Article II of the | ||||||
3 | Juvenile Court Act of 1987 shall be based solely on the child's | ||||||
4 | health, safety, and best interests and on any applicable law. | ||||||
5 | If a difference of opinion exists between a private agency and | ||||||
6 | the Department regarding whether to refer for the filing of a | ||||||
7 | petition under Article II of the Juvenile Court Act of 1987, | ||||||
8 | the case shall be referred to the Deputy Director of Child | ||||||
9 | Protection for review and determination. | ||||||
10 | Any Department employee responsible for reviewing | ||||||
11 | contracts or program plans who is aware of a violation of this | ||||||
12 | Section shall immediately refer the matter to the Inspector | ||||||
13 | General of the Department. | ||||||
14 | Where there are 2 equal proposals from both a | ||||||
15 | not-for-profit and a
for-profit agency to provide services, | ||||||
16 | the Department shall give preference
to the proposal from the | ||||||
17 | not-for-profit agency.
| ||||||
18 | No service plan shall compel any child or parent to engage | ||||||
19 | in any
activity or refrain from any activity which is not | ||||||
20 | reasonably related to
remedying a condition or conditions that | ||||||
21 | gave rise or which could give rise
to any finding of child | ||||||
22 | abuse or neglect.
| ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)
| ||||||
24 | Section 205. The Missing Children Records Act is amended | ||||||
25 | by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (325 ILCS 50/5) (from Ch. 23, par. 2285)
| ||||||
2 | Sec. 5. Duties of school or other entity. | ||||||
3 | (a) Upon notification by the Illinois State Police of a
| ||||||
4 | person's disappearance, a school, preschool educational | ||||||
5 | program, child care facility, or child day care home or group | ||||||
6 | child day care home in which the person is currently or was
| ||||||
7 | previously enrolled shall flag the record of that person in | ||||||
8 | such a manner
that whenever a copy of or information regarding | ||||||
9 | the record is requested,
the school or other entity shall be | ||||||
10 | alerted to the fact that the record is that of a
missing | ||||||
11 | person. The school or other entity shall immediately report to | ||||||
12 | the Illinois State Police
any request concerning flagged | ||||||
13 | records or knowledge
as to the whereabouts of any missing | ||||||
14 | person. Upon notification by the Illinois State Police
that | ||||||
15 | the missing person has been recovered, the school or other | ||||||
16 | entity
shall
remove the flag from the person's record.
| ||||||
17 | (b) (1) For every child enrolled in a particular
| ||||||
18 | elementary or secondary school, public or private preschool | ||||||
19 | educational program, public or private child care facility | ||||||
20 | licensed under the Child Care Act of 1969, or child day care | ||||||
21 | home or group child day care home licensed under the Child Care | ||||||
22 | Act of 1969, that school or other entity shall notify in | ||||||
23 | writing the
person enrolling the child that within 30 days he | ||||||
24 | must provide either (i)
a certified copy of the child's birth | ||||||
25 | certificate or (ii) other reliable
proof, as determined by the |
| |||||||
| |||||||
1 | Illinois State Police, of the child's identity and age
and an | ||||||
2 | affidavit explaining the inability to produce a copy of the | ||||||
3 | birth
certificate. Other reliable proof of the child's | ||||||
4 | identity and age shall
include a passport, visa or other | ||||||
5 | governmental documentation of the child's
identity. When the | ||||||
6 | person enrolling the child provides the school or other entity | ||||||
7 | with a certified copy of the child's birth certificate, the | ||||||
8 | school or other entity shall promptly make a copy of the | ||||||
9 | certified copy for its records and return the original | ||||||
10 | certified copy to the person enrolling the child. Once a | ||||||
11 | school or other entity has been provided with a certified copy | ||||||
12 | of a child's birth certificate as required under item (i) of | ||||||
13 | this subdivision (b)(1), the school or other entity need not | ||||||
14 | request another such certified copy with respect to that child | ||||||
15 | for any other year in which the child is enrolled in that | ||||||
16 | school or other entity.
| ||||||
17 | (2) Upon the failure of a person enrolling a child
to
| ||||||
18 | comply with subsection (b) (1), the school or other entity
| ||||||
19 | shall immediately notify the Illinois State Police
or local | ||||||
20 | law enforcement agency of such failure, and shall
notify the | ||||||
21 | person enrolling the child in writing that he has 10
| ||||||
22 | additional days to comply.
| ||||||
23 | (3) The school or other entity shall immediately report to | ||||||
24 | the Illinois State Police any affidavit
received pursuant to | ||||||
25 | this subsection which appears inaccurate or suspicious
in form | ||||||
26 | or content.
|
| |||||||
| |||||||
1 | (c) Within 14 days after enrolling a transfer student, the | ||||||
2 | elementary or
secondary school shall request directly from the | ||||||
3 | student's previous school
a certified copy of his record. The | ||||||
4 | requesting school shall exercise due
diligence in obtaining | ||||||
5 | the copy of the record requested. Any elementary
or secondary | ||||||
6 | school requested to forward a copy of a transferring student's
| ||||||
7 | record to the new school shall comply within 10 days of receipt | ||||||
8 | of the
request unless the record has been flagged pursuant to | ||||||
9 | subsection (a), in
which case the copy shall not be forwarded | ||||||
10 | and the requested school shall
notify the Illinois State | ||||||
11 | Police or local law enforcement authority of the request.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | Section 210. The Mental Health and Developmental | ||||||
14 | Disabilities Code is amended by changing Section 1-111 as | ||||||
15 | follows:
| ||||||
16 | (405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)
| ||||||
17 | Sec. 1-111.
"Habilitation" means an effort directed toward | ||||||
18 | the alleviation
of a developmental disability or toward | ||||||
19 | increasing a person with a
developmental disability's level of | ||||||
20 | physical, mental, social or economic
functioning. Habilitation | ||||||
21 | may include, but is not limited to, diagnosis,
evaluation, | ||||||
22 | medical services, residential care, child care and adult day | ||||||
23 | care, special living
arrangements, training, education, | ||||||
24 | sheltered employment, protective services,
counseling and |
| |||||||
| |||||||
1 | other services provided to persons with a developmental
| ||||||
2 | disability by developmental disabilities facilities.
| ||||||
3 | (Source: P.A. 88-380.)
| ||||||
4 | Section 215. The Epinephrine Injector Act is amended by | ||||||
5 | changing Section 5 as follows: | ||||||
6 | (410 ILCS 27/5) | ||||||
7 | Sec. 5. Definitions. As used in this Act: | ||||||
8 | "Administer" means to directly apply an epinephrine | ||||||
9 | injector to the body of an individual. | ||||||
10 | "Authorized entity" means any entity or organization, | ||||||
11 | other than a school covered under Section 22-30 of the School | ||||||
12 | Code, in connection with or at which allergens capable of | ||||||
13 | causing anaphylaxis may be present, including, but not limited | ||||||
14 | to, independent contractors who provide student transportation | ||||||
15 | to schools, recreation camps, colleges and universities, child | ||||||
16 | day care facilities, youth sports leagues, amusement parks, | ||||||
17 | restaurants, sports arenas, and places of employment. The | ||||||
18 | Department shall, by rule, determine what constitutes a child | ||||||
19 | day care facility under this definition. | ||||||
20 | "Department" means the Department of Public Health. | ||||||
21 | "Epinephrine injector" includes an auto-injector approved | ||||||
22 | by the United States Food and Drug Administration for the | ||||||
23 | administration of epinephrine and a pre-filled syringe | ||||||
24 | approved by the United States Food and Drug Administration and |
| |||||||
| |||||||
1 | used for the administration of epinephrine that contains a | ||||||
2 | pre-measured dose of epinephrine that is equivalent to the | ||||||
3 | dosages used in an auto-injector. | ||||||
4 | "Health care practitioner" means a physician licensed to | ||||||
5 | practice medicine in all its branches under the Medical | ||||||
6 | Practice Act of 1987, a physician assistant under the | ||||||
7 | Physician Assistant Practice Act of 1987 with prescriptive | ||||||
8 | authority, or an advanced practice registered nurse with | ||||||
9 | prescribing authority under Article 65 of the Nurse Practice | ||||||
10 | Act. | ||||||
11 | "Pharmacist" has the meaning given to that term under | ||||||
12 | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | ||||||
13 | "Undesignated epinephrine injector" means an epinephrine | ||||||
14 | injector prescribed in the name of an authorized entity.
| ||||||
15 | (Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18; | ||||||
16 | 100-799, eff. 1-1-19 .) | ||||||
17 | Section 220. The Lead Poisoning Prevention Act is amended | ||||||
18 | by changing Section 7.1 as follows:
| ||||||
19 | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
| ||||||
20 | Sec. 7.1. Requirements for child care facilities. Each | ||||||
21 | child day care center, child day
care home, preschool, nursery | ||||||
22 | school, kindergarten, or other child care
facility, licensed | ||||||
23 | or approved by the State, including such programs
operated by | ||||||
24 | a public school district, shall include a requirement that |
| |||||||
| |||||||
1 | each
parent or legal guardian of a child between one and 7
| ||||||
2 | years of age provide a statement from a physician or health | ||||||
3 | care provider that the
child has been assessed for risk of lead | ||||||
4 | poisoning or tested or both, as provided in Section 6.2. This | ||||||
5 | statement shall be
provided prior to admission and | ||||||
6 | subsequently in conjunction with required
physical | ||||||
7 | examinations.
| ||||||
8 | Child care facilities that participate in the Illinois | ||||||
9 | Child Care Assistance Program (CCAP) shall annually send or | ||||||
10 | deliver to the parents or guardians of children enrolled in | ||||||
11 | the facility's care an informational pamphlet regarding | ||||||
12 | awareness of lead poisoning. Pamphlets shall be produced and | ||||||
13 | made available by the Department and shall be downloadable | ||||||
14 | from the Department's Internet website. The Department of | ||||||
15 | Human Services and the Department of Public Health shall | ||||||
16 | assist in the distribution of the pamphlet.
| ||||||
17 | (Source: P.A. 98-690, eff. 1-1-15 .)
| ||||||
18 | Section 225. The Medical Patient Rights Act is amended by | ||||||
19 | changing Section 3.4 as follows: | ||||||
20 | (410 ILCS 50/3.4) | ||||||
21 | Sec. 3.4. Rights of women; pregnancy and childbirth. | ||||||
22 | (a) In addition to any other right provided under this | ||||||
23 | Act, every woman has the following rights with regard to | ||||||
24 | pregnancy and childbirth: |
| |||||||
| |||||||
1 | (1) The right to receive health care before, during, | ||||||
2 | and after pregnancy and childbirth. | ||||||
3 | (2) The right to receive care for her and her infant | ||||||
4 | that is consistent with generally accepted medical | ||||||
5 | standards. | ||||||
6 | (3) The right to choose a certified nurse midwife or | ||||||
7 | physician as her maternity care professional. | ||||||
8 | (4) The right to choose her birth setting from the | ||||||
9 | full range of birthing options available in her community. | ||||||
10 | (5) The right to leave her maternity care professional | ||||||
11 | and select another if she becomes dissatisfied with her | ||||||
12 | care, except as otherwise provided by law. | ||||||
13 | (6) The right to receive information about the names | ||||||
14 | of those health care professionals involved in her care. | ||||||
15 | (7) The right to privacy and confidentiality of | ||||||
16 | records, except as provided by law. | ||||||
17 | (8) The right to receive information concerning her | ||||||
18 | condition and proposed treatment, including methods of | ||||||
19 | relieving pain. | ||||||
20 | (9) The right to accept or refuse any treatment, to | ||||||
21 | the extent medically possible. | ||||||
22 | (10) The right to be informed if her caregivers wish | ||||||
23 | to enroll her or her infant in a research study in | ||||||
24 | accordance with Section 3.1 of this Act. | ||||||
25 | (11) The right to access her medical records in | ||||||
26 | accordance with Section 8-2001 of the Code of Civil |
| |||||||
| |||||||
1 | Procedure. | ||||||
2 | (12) The right to receive information in a language in | ||||||
3 | which she can communicate in accordance with federal law. | ||||||
4 | (13) The right to receive emotional and physical | ||||||
5 | support during labor and birth. | ||||||
6 | (14) The right to freedom of movement during labor and | ||||||
7 | to give birth in the position of her choice, within | ||||||
8 | generally accepted medical standards. | ||||||
9 | (15) The right to contact with her newborn, except | ||||||
10 | where necessary care must be provided to the mother or | ||||||
11 | infant. | ||||||
12 | (16) The right to receive information about | ||||||
13 | breastfeeding. | ||||||
14 | (17) The right to decide collaboratively with | ||||||
15 | caregivers when she and her baby will leave the birth site | ||||||
16 | for home, based on their conditions and circumstances. | ||||||
17 | (18) The right to be treated with respect at all times | ||||||
18 | before, during, and after pregnancy by her health care | ||||||
19 | professionals. | ||||||
20 | (19) The right of each patient, regardless of source | ||||||
21 | of payment, to examine and receive a reasonable | ||||||
22 | explanation of her total bill for services rendered by her | ||||||
23 | maternity care professional or health care provider, | ||||||
24 | including itemized charges for specific services received. | ||||||
25 | Each maternity care professional or health care provider | ||||||
26 | shall be responsible only for a reasonable explanation of |
| |||||||
| |||||||
1 | those specific services provided by the maternity care | ||||||
2 | professional or health care provider. | ||||||
3 | (b) The Department of Public Health, Department of | ||||||
4 | Healthcare and Family Services, Department of Children and | ||||||
5 | Family Services, and Department of Human Services shall post, | ||||||
6 | either by physical or electronic means, information about | ||||||
7 | these rights on their publicly available websites. Every | ||||||
8 | health care provider, child day care center licensed under the | ||||||
9 | Child Care Act of 1969, Head Start, and community center shall | ||||||
10 | post information about these rights in a prominent place and | ||||||
11 | on their websites, if applicable. | ||||||
12 | (c) The Department of Public Health shall adopt rules to | ||||||
13 | implement this Section. | ||||||
14 | (d) Nothing in this Section or any rules adopted under | ||||||
15 | subsection (c) shall be construed to require a physician, | ||||||
16 | health care professional, hospital, hospital affiliate, or | ||||||
17 | health care provider to provide care inconsistent with | ||||||
18 | generally accepted medical standards or available capabilities | ||||||
19 | or resources.
| ||||||
20 | (Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.) | ||||||
21 | Section 230. The Compassionate Use of Medical Cannabis | ||||||
22 | Program Act is amended by changing Sections 105 and 130 as | ||||||
23 | follows: | ||||||
24 | (410 ILCS 130/105)
|
| |||||||
| |||||||
1 | Sec. 105. Requirements; prohibitions; penalties for | ||||||
2 | cultivation centers. | ||||||
3 | (a) The operating documents of a registered cultivation | ||||||
4 | center shall include procedures for the oversight of the | ||||||
5 | cultivation center, a cannabis plant monitoring system | ||||||
6 | including a physical inventory recorded weekly, a cannabis | ||||||
7 | container system including a physical inventory recorded | ||||||
8 | weekly, accurate record keeping, and a staffing plan.
| ||||||
9 | (b) A registered cultivation center shall implement a | ||||||
10 | security plan reviewed by the Illinois State Police and | ||||||
11 | including but not limited to: facility access controls, | ||||||
12 | perimeter intrusion detection systems, personnel | ||||||
13 | identification systems, 24-hour surveillance system to monitor | ||||||
14 | the interior and exterior of the registered cultivation center | ||||||
15 | facility and accessible to authorized law enforcement and the | ||||||
16 | Department of Agriculture in real-time.
| ||||||
17 | (c) A registered cultivation center may not be located | ||||||
18 | within 2,500 feet of the property line of a pre-existing | ||||||
19 | public or private preschool or elementary or secondary school | ||||||
20 | or child day care center, child day care home, group child day | ||||||
21 | care home, part day child care facility, or an area zoned for | ||||||
22 | residential use. | ||||||
23 | (d) All cultivation of cannabis for distribution to a | ||||||
24 | registered dispensing organization must take place in an | ||||||
25 | enclosed, locked facility as it applies to cultivation centers | ||||||
26 | at the physical address provided to the Department of |
| |||||||
| |||||||
1 | Agriculture during the registration process. The cultivation | ||||||
2 | center location shall only be accessed by the cultivation | ||||||
3 | center agents working for the registered cultivation center, | ||||||
4 | Department of Agriculture staff performing inspections, | ||||||
5 | Department of Public Health staff performing inspections, law | ||||||
6 | enforcement or other emergency personnel, and contractors | ||||||
7 | working on jobs unrelated to medical cannabis, such as | ||||||
8 | installing or maintaining security devices or performing | ||||||
9 | electrical wiring.
| ||||||
10 | (e) A cultivation center may not sell or distribute any | ||||||
11 | cannabis to any individual or entity other than another | ||||||
12 | cultivation center, a dispensing organization registered under | ||||||
13 | this Act, or a laboratory licensed by the Department of | ||||||
14 | Agriculture.
| ||||||
15 | (f) All harvested cannabis intended for distribution to a | ||||||
16 | dispensing organization must be packaged in a labeled medical | ||||||
17 | cannabis container and entered into a data collection system.
| ||||||
18 | (g) No person who has been convicted of an excluded | ||||||
19 | offense may be a cultivation center agent.
| ||||||
20 | (h) Registered cultivation centers are subject to random | ||||||
21 | inspection by the Illinois State Police.
| ||||||
22 | (i) Registered cultivation centers are subject to random | ||||||
23 | inspections by the Department of Agriculture and the | ||||||
24 | Department of Public Health.
| ||||||
25 | (j) A cultivation center agent shall notify local law | ||||||
26 | enforcement, the Illinois State Police, and the Department of |
| |||||||
| |||||||
1 | Agriculture within 24 hours of the discovery of any loss or | ||||||
2 | theft. Notification shall be made by phone or in-person, or by | ||||||
3 | written or electronic communication.
| ||||||
4 | (k) A cultivation center shall comply with all State and | ||||||
5 | federal rules and regulations regarding the use of pesticides.
| ||||||
6 | (Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.) | ||||||
7 | (410 ILCS 130/130)
| ||||||
8 | Sec. 130. Requirements; prohibitions; penalties; | ||||||
9 | dispensing organizations. | ||||||
10 | (a) The Department of Financial and Professional | ||||||
11 | Regulation shall implement the provisions of this Section by | ||||||
12 | rule.
| ||||||
13 | (b) A dispensing organization shall maintain operating | ||||||
14 | documents which shall include procedures for the oversight of | ||||||
15 | the registered dispensing organization and procedures to | ||||||
16 | ensure accurate recordkeeping.
| ||||||
17 | (c) A dispensing organization shall implement appropriate | ||||||
18 | security measures, as provided by rule, to deter and prevent | ||||||
19 | the theft of cannabis and unauthorized entrance into areas | ||||||
20 | containing cannabis.
| ||||||
21 | (d) A dispensing organization may not be located within | ||||||
22 | 1,000 feet of the property line of a pre-existing public or | ||||||
23 | private preschool or elementary or secondary school or child | ||||||
24 | day care center, child day care home, group child day care | ||||||
25 | home, or part day child care facility. A registered dispensing |
| |||||||
| |||||||
1 | organization may not be located in a house, apartment, | ||||||
2 | condominium, or an area zoned for residential use.
This | ||||||
3 | subsection shall not apply to any dispensing organizations | ||||||
4 | registered on or after July 1, 2019. | ||||||
5 | (e) A dispensing organization is prohibited from acquiring | ||||||
6 | cannabis from anyone other than a cultivation center, craft | ||||||
7 | grower, processing organization, another dispensing | ||||||
8 | organization, or transporting organization licensed or | ||||||
9 | registered under this Act or the Cannabis Regulation and Tax | ||||||
10 | Act. A dispensing organization is prohibited from obtaining | ||||||
11 | cannabis from outside the State of Illinois.
| ||||||
12 | (f) A registered dispensing organization is prohibited | ||||||
13 | from dispensing cannabis for any purpose except to assist | ||||||
14 | registered qualifying patients with the medical use of | ||||||
15 | cannabis directly or through the qualifying patients' | ||||||
16 | designated caregivers.
| ||||||
17 | (g) The area in a dispensing organization where medical | ||||||
18 | cannabis is stored can only be accessed by dispensing | ||||||
19 | organization agents working for the dispensing organization, | ||||||
20 | Department of Financial and Professional Regulation staff | ||||||
21 | performing inspections, law enforcement or other emergency | ||||||
22 | personnel, and contractors working on jobs unrelated to | ||||||
23 | medical cannabis, such as installing or maintaining security | ||||||
24 | devices or performing electrical wiring.
| ||||||
25 | (h) A dispensing organization may not dispense more than | ||||||
26 | 2.5 ounces of cannabis to a registered qualifying patient, |
| |||||||
| |||||||
1 | directly or via a designated caregiver, in any 14-day period | ||||||
2 | unless the qualifying patient has a Department of Public | ||||||
3 | Health-approved quantity waiver.
Any Department of Public | ||||||
4 | Health-approved quantity waiver process must be made available | ||||||
5 | to qualified veterans. | ||||||
6 | (i) Except as provided in subsection (i-5), before medical | ||||||
7 | cannabis may be dispensed to a designated caregiver or a | ||||||
8 | registered qualifying patient, a dispensing organization agent | ||||||
9 | must determine that the individual is a current cardholder in | ||||||
10 | the verification system and must verify each of the following:
| ||||||
11 | (1) that the registry identification card presented to | ||||||
12 | the registered dispensing organization is valid;
| ||||||
13 | (2) that the person presenting the card is the person | ||||||
14 | identified on the registry identification card presented | ||||||
15 | to the dispensing organization agent;
| ||||||
16 | (3) (blank); and
| ||||||
17 | (4) that the registered qualifying patient has not | ||||||
18 | exceeded his or her adequate supply.
| ||||||
19 | (i-5) A dispensing organization may dispense medical
| ||||||
20 | cannabis to an Opioid Alternative Pilot Program participant | ||||||
21 | under Section 62 and to a person presenting proof of | ||||||
22 | provisional registration under Section 55. Before dispensing | ||||||
23 | medical cannabis, the dispensing organization shall comply | ||||||
24 | with the requirements of Section 62 or Section 55, whichever | ||||||
25 | is applicable, and verify the following: | ||||||
26 | (1) that the written certification presented to the |
| |||||||
| |||||||
1 | registered dispensing organization is valid and an | ||||||
2 | original document; | ||||||
3 | (2) that the person presenting the written | ||||||
4 | certification is the person identified on the written | ||||||
5 | certification; and | ||||||
6 | (3) that the participant has not exceeded his or her | ||||||
7 | adequate supply. | ||||||
8 | (j) Dispensing organizations shall ensure compliance with | ||||||
9 | this limitation by maintaining internal, confidential records | ||||||
10 | that include records specifying how much medical cannabis is | ||||||
11 | dispensed to the registered qualifying patient and whether it | ||||||
12 | was dispensed directly to the registered qualifying patient or | ||||||
13 | to the designated caregiver. Each entry must include the date | ||||||
14 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
15 | requirements may be set by rule.
| ||||||
16 | (k) The health care professional-patient privilege as set | ||||||
17 | forth by Section 8-802 of the Code of Civil Procedure shall | ||||||
18 | apply between a qualifying patient and a registered dispensing | ||||||
19 | organization and its agents with respect to communications and | ||||||
20 | records concerning qualifying patients' debilitating | ||||||
21 | conditions.
| ||||||
22 | (l) A dispensing organization may not permit any person to | ||||||
23 | consume cannabis on the property of a medical cannabis | ||||||
24 | organization.
| ||||||
25 | (m) A dispensing organization may not share office space | ||||||
26 | with or refer patients to a certifying health care |
| |||||||
| |||||||
1 | professional.
| ||||||
2 | (n) Notwithstanding any other criminal penalties related | ||||||
3 | to the unlawful possession of cannabis, the Department of | ||||||
4 | Financial and Professional Regulation may revoke, suspend, | ||||||
5 | place on probation, reprimand, refuse to issue or renew, or | ||||||
6 | take any other disciplinary or non-disciplinary action as the | ||||||
7 | Department of Financial and Professional Regulation may deem | ||||||
8 | proper with regard to the registration of any person issued | ||||||
9 | under this Act to operate a dispensing organization or act as a | ||||||
10 | dispensing organization agent, including imposing fines not to | ||||||
11 | exceed $10,000 for each violation, for any violations of this | ||||||
12 | Act and rules adopted in accordance with this Act. The | ||||||
13 | procedures for disciplining a registered dispensing | ||||||
14 | organization shall be determined by rule. All final | ||||||
15 | administrative decisions of the Department of Financial and | ||||||
16 | Professional Regulation are subject to judicial review under | ||||||
17 | the Administrative Review Law and its rules. The term | ||||||
18 | "administrative decision" is defined as in Section 3-101 of | ||||||
19 | the Code of Civil Procedure.
| ||||||
20 | (o) Dispensing organizations are subject to random | ||||||
21 | inspection and cannabis testing by the Department of Financial | ||||||
22 | and Professional Regulation, the Illinois State Police, the | ||||||
23 | Department of Revenue, the Department of Public Health, the | ||||||
24 | Department of Agriculture, or as provided by rule.
| ||||||
25 | (p) The Department of Financial and Professional | ||||||
26 | Regulation shall adopt rules permitting returns, and potential |
| |||||||
| |||||||
1 | refunds, for damaged or inadequate products.
| ||||||
2 | (q) The Department of Financial and Professional | ||||||
3 | Regulation may issue nondisciplinary citations for minor | ||||||
4 | violations which may be accompanied by a civil penalty not to | ||||||
5 | exceed $10,000 per violation. The penalty shall be a civil | ||||||
6 | penalty or other condition as established by rule. The | ||||||
7 | citation shall be issued to the licensee and shall contain the | ||||||
8 | licensee's name, address, and license number, a brief factual | ||||||
9 | statement, the Sections of the law or rule allegedly violated, | ||||||
10 | and the civil penalty, if any, imposed. The citation must | ||||||
11 | clearly state that the licensee may choose, in lieu of | ||||||
12 | accepting the citation, to request a hearing. If the licensee | ||||||
13 | does not dispute the matter in the citation with the | ||||||
14 | Department of Financial and Professional Regulation within 30 | ||||||
15 | days after the citation is served, then the citation shall | ||||||
16 | become final and shall not be subject to appeal. | ||||||
17 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) | ||||||
18 | Section 235. The Coal Tar Sealant Disclosure Act is | ||||||
19 | amended by changing Section 10 as follows: | ||||||
20 | (410 ILCS 170/10) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date )
| ||||||
23 | Sec. 10. Coal tar sealant disclosure; public schools. | ||||||
24 | (a) A public school, public school district, or child day |
| |||||||
| |||||||
1 | care shall provide written or telephonic notification to | ||||||
2 | parents and guardians of students and employees prior to any | ||||||
3 | application of a coal-tar based sealant product or a high | ||||||
4 | polycyclic aromatic hydrocarbon sealant product. The written | ||||||
5 | notification: | ||||||
6 | (1) may be included in newsletters, bulletins, | ||||||
7 | calendars, or other correspondence currently published by | ||||||
8 | the school district or child day care center; | ||||||
9 | (2) must be given at least 10 business days before the | ||||||
10 | application and should identify the intended date and | ||||||
11 | location of the application of the coal-tar based sealant | ||||||
12 | product or high polycyclic aromatic hydrocarbon sealant; | ||||||
13 | (3) must include the name and telephone contact number | ||||||
14 | for the school or child day care center personnel | ||||||
15 | responsible for the application; and | ||||||
16 | (4) must include any health hazards associated with | ||||||
17 | coal tar-based sealant product or high polycyclic aromatic | ||||||
18 | hydrocarbon sealant product, as provided by a | ||||||
19 | corresponding safety data sheet. | ||||||
20 | (b) Notwithstanding any provision of this Act or any other | ||||||
21 | law to the contrary, a public school or public school district | ||||||
22 | that bids a pavement engineering project using a coal | ||||||
23 | tar-based sealant product or high polycyclic aromatic | ||||||
24 | hydrocarbon sealant product for pavement engineering-related | ||||||
25 | use shall request a bid with an alternative for asphalt-based | ||||||
26 | or latex-based sealant product as a part of the engineering |
| |||||||
| |||||||
1 | project. The public school or public school district shall | ||||||
2 | consider whether asphalt-based or latex-based sealant product | ||||||
3 | should be used for the project based upon costs and life cycle | ||||||
4 | costs that regard preserving pavements, product warranties, | ||||||
5 | and the benefits to public health and safety. | ||||||
6 | (c) The Department, in consultation with the State Board | ||||||
7 | of Education, shall conduct outreach to public schools and | ||||||
8 | public school districts to provide guidance for compliance | ||||||
9 | with the provisions of this Act. | ||||||
10 | (d) On or before May 1, 2023, the Department and the State | ||||||
11 | Board of Education shall post on their websites guidance on | ||||||
12 | screening for coal tar-based sealant product or high | ||||||
13 | polycyclic aromatic hydrocarbon sealant product, requirements | ||||||
14 | for a request for proposals, and requirements for disclosure.
| ||||||
15 | (Source: P.A. 102-242, eff. 1-1-23.) | ||||||
16 | Section 240. The Child Vision and Hearing Test Act is | ||||||
17 | amended by changing Section 3 as follows:
| ||||||
18 | (410 ILCS 205/3) (from Ch. 23, par. 2333)
| ||||||
19 | Sec. 3.
Vision and hearing screening services shall be | ||||||
20 | administered to all
children as early as possible, but no | ||||||
21 | later than their first year in any
public or private education | ||||||
22 | program, licensed child day care center or
residential | ||||||
23 | facility for children with disabilities; and periodically
| ||||||
24 | thereafter, to identify those children with vision or hearing |
| |||||||
| |||||||
1 | impairments
or both so that
such conditions can be managed or | ||||||
2 | treated.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
4 | Section 245. The Food Handling Regulation Enforcement Act | ||||||
5 | is amended by changing Section 3.06 as follows: | ||||||
6 | (410 ILCS 625/3.06) | ||||||
7 | Sec. 3.06. Food handler training; restaurants. | ||||||
8 | (a) For the purpose of this Section, "restaurant" means | ||||||
9 | any business that is primarily engaged in the sale of | ||||||
10 | ready-to-eat food for immediate consumption. "Primarily | ||||||
11 | engaged" means having sales of ready-to-eat food for immediate | ||||||
12 | consumption comprising at least 51% of the total sales, | ||||||
13 | excluding the sale of liquor. | ||||||
14 | (b) Unless otherwise provided, all food handlers employed | ||||||
15 | by a restaurant, other than someone holding a food service | ||||||
16 | sanitation manager certificate, must receive or obtain | ||||||
17 | American National Standards Institute-accredited training in | ||||||
18 | basic safe food handling principles within 30 days after | ||||||
19 | employment and every 3 years thereafter. Notwithstanding the | ||||||
20 | provisions of Section 3.05 of this Act, food handlers employed | ||||||
21 | in nursing homes, licensed child day care homes and | ||||||
22 | facilities, hospitals, schools, and long-term care facilities | ||||||
23 | must renew their training every 3 years. There is no limit to | ||||||
24 | how many times an employee may take the training. The training |
| |||||||
| |||||||
1 | indicated in subsections (e) and (f) of this Section is | ||||||
2 | transferable between employers, but not individuals. The | ||||||
3 | training indicated in subsections (c) and (d) of this Section | ||||||
4 | is not transferable between individuals or employers. Proof | ||||||
5 | that a food handler has been trained must be available upon | ||||||
6 | reasonable request by a State or local health department | ||||||
7 | inspector and may be provided electronically. | ||||||
8 | (c) If a business with an internal training program is | ||||||
9 | approved in another state prior to the effective date of this | ||||||
10 | amendatory Act of the 98th General Assembly, then the | ||||||
11 | business's training program and assessment shall be | ||||||
12 | automatically approved by the Department upon the business | ||||||
13 | providing proof that the program is approved in said state. | ||||||
14 | (d) The Department shall approve the training program of | ||||||
15 | any multi-state business or a franchisee, as defined in the | ||||||
16 | Franchise Disclosure Act of 1987, of any multi-state business | ||||||
17 | with a plan that follows the guidelines in subsection (b) of | ||||||
18 | Section 3.05 of this Act and is on file with the Department by | ||||||
19 | August 1, 2017. | ||||||
20 | (e) If an entity uses an American National Standards | ||||||
21 | Institute food handler training accredited program, that | ||||||
22 | training program shall be automatically approved by the | ||||||
23 | Department. | ||||||
24 | (f) Certified local health departments in counties serving | ||||||
25 | jurisdictions with a population of 100,000 or less, as | ||||||
26 | reported by the U.S. Census Bureau in the 2010 Census of |
| |||||||
| |||||||
1 | Population, may have a training program. The training program | ||||||
2 | must meet the requirements of Section 3.05(b) and be approved | ||||||
3 | by the Department. This Section notwithstanding, certified | ||||||
4 | local health departments in the following counties may have a | ||||||
5 | training program: | ||||||
6 | (1) a county with a population of 677,560 as reported | ||||||
7 | by the U.S. Census Bureau in the 2010 Census of | ||||||
8 | Population; | ||||||
9 | (2) a county with a population of 308,760 as reported | ||||||
10 | by the U.S. Census Bureau in the 2010 Census of | ||||||
11 | Population; | ||||||
12 | (3) a county with a population of 515,269 as reported | ||||||
13 | by the U.S. Census Bureau in the 2010 Census of | ||||||
14 | Population; | ||||||
15 | (4) a county with a population of 114,736 as reported | ||||||
16 | by the U.S. Census Bureau in the 2010 Census of | ||||||
17 | Population; | ||||||
18 | (5) a county with a population of 110,768 as reported | ||||||
19 | by the U.S. Census Bureau in the 2010 Census of | ||||||
20 | Population; | ||||||
21 | (6) a county with a population of 135,394 as reported | ||||||
22 | by the U.S. Census Bureau in the 2010 Census of | ||||||
23 | Population. | ||||||
24 | The certified local health departments in paragraphs (1) | ||||||
25 | through (6) of this subsection (f) must have their training | ||||||
26 | programs on file with the Department no later than 90 days |
| |||||||
| |||||||
1 | after the effective date of this Act. Any modules that meet the | ||||||
2 | requirements of subsection (b) of Section 3.05 of this Act and | ||||||
3 | are not approved within 180 days after the Department's | ||||||
4 | receipt of the application of the entity seeking to conduct | ||||||
5 | the training shall automatically be considered approved by the | ||||||
6 | Department. | ||||||
7 | (g) Any and all documents, materials, or information | ||||||
8 | related to a restaurant or business food handler training | ||||||
9 | module submitted to the Department is confidential and shall | ||||||
10 | not be open to public inspection or dissemination and is | ||||||
11 | exempt from disclosure under Section 7 of the Freedom of | ||||||
12 | Information Act. Training may be conducted by any means | ||||||
13 | available, including, but not limited to, on-line, computer, | ||||||
14 | classroom, live trainers, remote trainers, and certified food | ||||||
15 | service sanitation managers. There must be at least one | ||||||
16 | commercially available, approved food handler training module | ||||||
17 | at a cost of no more than $15 per employee; if an approved food | ||||||
18 | handler training module is not available at that cost, then | ||||||
19 | the provisions of this Section 3.06 shall not apply. | ||||||
20 | (h) The regulation of food handler training is considered | ||||||
21 | to be an exclusive function of the State, and local regulation | ||||||
22 | is prohibited. This subsection (h) is a denial and limitation | ||||||
23 | of home rule powers and functions under subsection (h) of | ||||||
24 | Section 6 of Article VII of the Illinois Constitution. | ||||||
25 | (i) The provisions of this Section apply beginning July 1, | ||||||
26 | 2014. From July 1, 2014 through December 31, 2014, enforcement |
| |||||||
| |||||||
1 | of the provisions of this Section shall be limited to | ||||||
2 | education and notification of requirements to encourage | ||||||
3 | compliance.
| ||||||
4 | (Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15; | ||||||
5 | 100-367, eff. 8-25-17.) | ||||||
6 | Section 250. The Environmental Protection Act is amended | ||||||
7 | by changing Section 17.12 as follows: | ||||||
8 | (415 ILCS 5/17.12) | ||||||
9 | Sec. 17.12. Lead service line replacement and | ||||||
10 | notification. | ||||||
11 | (a) The purpose of this Act is to: (1) require the owners | ||||||
12 | and operators of community water supplies to develop, | ||||||
13 | implement, and maintain a comprehensive water service line | ||||||
14 | material inventory and a comprehensive lead service line | ||||||
15 | replacement plan, provide notice to occupants of potentially | ||||||
16 | affected buildings before any construction or repair work on | ||||||
17 | water mains or lead service lines, and request access to | ||||||
18 | potentially affected buildings before replacing lead service | ||||||
19 | lines; and (2) prohibit partial lead service line | ||||||
20 | replacements, except as authorized within this Section. | ||||||
21 | (b) The General Assembly finds and declares that: | ||||||
22 | (1) There is no safe level of exposure to heavy metal | ||||||
23 | lead, as found by the United States Environmental | ||||||
24 | Protection Agency and the Centers for Disease Control and |
| |||||||
| |||||||
1 | Prevention. | ||||||
2 | (2) Lead service lines can convey this harmful | ||||||
3 | substance to the drinking water supply. | ||||||
4 | (3) According to the Illinois Environmental Protection | ||||||
5 | Agency's 2018 Service Line Material Inventory, the State | ||||||
6 | of Illinois is estimated to have over 680,000 lead-based | ||||||
7 | service lines still in operation. | ||||||
8 | (4) The true number of lead service lines is not fully | ||||||
9 | known because Illinois lacks an adequate inventory of lead | ||||||
10 | service lines. | ||||||
11 | (5) For the general health, safety and welfare of its | ||||||
12 | residents, all lead service lines in Illinois should be | ||||||
13 | disconnected from the drinking water supply, and the | ||||||
14 | State's drinking water supply. | ||||||
15 | (c) In this Section: | ||||||
16 | "Advisory Board" means the Lead Service Line Replacement | ||||||
17 | Advisory Board created under subsection (x). | ||||||
18 | "Community water supply" has the meaning ascribed to it in | ||||||
19 | Section 3.145 of this Act. | ||||||
20 | "Department" means the Department of Public Health. | ||||||
21 | "Emergency repair" means any unscheduled water main, water | ||||||
22 | service, or water valve repair or replacement that results | ||||||
23 | from failure or accident. | ||||||
24 | "Fund" means the Lead Service Line Replacement Fund | ||||||
25 | created under subsection (bb). | ||||||
26 | "Lead service line" means a service line made of lead or |
| |||||||
| |||||||
1 | service line connected to a lead pigtail, lead gooseneck, or | ||||||
2 | other lead fitting. | ||||||
3 | "Material inventory" means a water service line material | ||||||
4 | inventory developed by a community water supply under this | ||||||
5 | Act. | ||||||
6 | "Non-community water supply" has the meaning ascribed to | ||||||
7 | it in Section 3.145 of the Environmental Protection Act. | ||||||
8 | "NSF/ANSI Standard" means a water treatment standard | ||||||
9 | developed by NSF International. | ||||||
10 | "Partial lead service line replacement" means replacement | ||||||
11 | of only a portion of a lead service line. | ||||||
12 | "Potentially affected building" means any building that is | ||||||
13 | provided water service through a service line that is either a | ||||||
14 | lead service line or a suspected lead service line. | ||||||
15 | "Public water supply" has the meaning ascribed to it in | ||||||
16 | Section 3.365 of this Act. | ||||||
17 | "Service line" means the piping, tubing, and necessary | ||||||
18 | appurtenances acting as a conduit from the water main or | ||||||
19 | source of potable water supply to the building plumbing at the | ||||||
20 | first shut-off valve or 18 inches inside the building, | ||||||
21 | whichever is shorter. | ||||||
22 | "Suspected lead service line" means a service line that a | ||||||
23 | community water supply finds more likely than not to be made of | ||||||
24 | lead after completing the requirements under paragraphs (2) | ||||||
25 | through (5) of subsection (h). | ||||||
26 | "Small system" means a community water supply that |
| |||||||
| |||||||
1 | regularly serves water to 3,300 or fewer persons. | ||||||
2 | (d) An owner or operator of a community water supply | ||||||
3 | shall: | ||||||
4 | (1) develop an initial material inventory by April 15, | ||||||
5 | 2022 and electronically submit by April 15, 2023 an | ||||||
6 | updated material inventory electronically to the Agency; | ||||||
7 | and | ||||||
8 | (2) deliver a complete material inventory to the | ||||||
9 | Agency no later than April 15, 2024, or such time as | ||||||
10 | required by federal law, whichever is sooner. The complete | ||||||
11 | inventory shall report the composition of all service | ||||||
12 | lines in the community water supply's distribution system. | ||||||
13 | (e) The Agency shall review and approve the final material | ||||||
14 | inventory submitted to it under subsection (d). | ||||||
15 | (f) If a community water supply does not submit a complete | ||||||
16 | inventory to the Agency by April 15, 2024 under paragraph (2) | ||||||
17 | of subsection (d), the community water supply may apply for an | ||||||
18 | extension to the Agency no less than 3 months prior to the due | ||||||
19 | date. The Agency shall develop criteria for granting material | ||||||
20 | inventory extensions. When considering requests for extension, | ||||||
21 | the Agency shall, at a minimum, consider: | ||||||
22 | (1) the number of service connections in a water | ||||||
23 | supply; and | ||||||
24 | (2) the number of service lines of an unknown material | ||||||
25 | composition. | ||||||
26 | (g) A material inventory prepared for a community water |
| |||||||
| |||||||
1 | supply under subsection (d) shall identify: | ||||||
2 | (1) the total number of service lines connected to the | ||||||
3 | community water supply's distribution system; | ||||||
4 | (2) the materials of construction of each service line | ||||||
5 | connected to the community water supply's distribution | ||||||
6 | system; | ||||||
7 | (3) the number of suspected lead service lines that | ||||||
8 | were newly identified in the material inventory for the | ||||||
9 | community water supply after the community water supply | ||||||
10 | last submitted a service line inventory to the Agency; and | ||||||
11 | (4) the number of suspected or known lead service | ||||||
12 | lines that were replaced after the community water supply | ||||||
13 | last submitted a service line inventory to the Agency, and | ||||||
14 | the material of the service line that replaced each lead | ||||||
15 | service line. | ||||||
16 | When identifying the materials of construction under | ||||||
17 | paragraph (2) of this subsection, the owner or operator of the | ||||||
18 | community water supply shall to the best of the owner's or | ||||||
19 | operator's ability identify the type of construction material | ||||||
20 | used on the customer's side of the curb box, meter, or other | ||||||
21 | line of demarcation and the community water supply's side of | ||||||
22 | the curb box, meter, or other line of demarcation. | ||||||
23 | (h) In completing a material inventory under subsection | ||||||
24 | (d), the owner or operator of a community water supply shall: | ||||||
25 | (1) prioritize inspections of high-risk areas | ||||||
26 | identified by the community water supply and inspections |
| |||||||
| |||||||
1 | of high-risk facilities, such as preschools, child day | ||||||
2 | care centers, child day care homes, group child day care | ||||||
3 | homes, parks, playgrounds, hospitals, and clinics, and | ||||||
4 | confirm service line materials in those areas and at those | ||||||
5 | facilities; | ||||||
6 | (2) review historical documentation, such as | ||||||
7 | construction logs or cards, as-built drawings, purchase | ||||||
8 | orders, and subdivision plans, to determine service line | ||||||
9 | material construction; | ||||||
10 | (3) when conducting distribution system maintenance, | ||||||
11 | visually inspect service lines and document materials of | ||||||
12 | construction; | ||||||
13 | (4) identify any time period when the service lines | ||||||
14 | being connected to its distribution system were primarily | ||||||
15 | lead service lines, if such a time period is known or | ||||||
16 | suspected; and | ||||||
17 | (5) discuss service line repair and installation with | ||||||
18 | its employees, contractors, plumbers, other workers who | ||||||
19 | worked on service lines connected to its distribution | ||||||
20 | system, or all of the above. | ||||||
21 | (i) The owner or operator of each community water supply | ||||||
22 | shall maintain records of persons who refuse to grant access | ||||||
23 | to the interior of a building for purposes of identifying the | ||||||
24 | materials of construction of a service line. If a community | ||||||
25 | water supply has been denied access on the property or to the | ||||||
26 | interior of a building for that reason, then the community |
| |||||||
| |||||||
1 | water supply shall attempt to identify the service line as a | ||||||
2 | suspected lead service line, unless documentation is provided | ||||||
3 | showing otherwise. | ||||||
4 | (j) If a community water supply identifies a lead service | ||||||
5 | line connected to a building, the owner or operator of the | ||||||
6 | community water supply shall attempt to notify the owner of | ||||||
7 | the building and all occupants of the building of the | ||||||
8 | existence of the lead service line within 15 days after | ||||||
9 | identifying the lead service line, or as soon as is reasonably | ||||||
10 | possible thereafter. Individual written notice shall be given | ||||||
11 | according to the provisions of subsection (jj). | ||||||
12 | (k) An owner or operator of a community water supply has no | ||||||
13 | duty to include in the material inventory required under | ||||||
14 | subsection (d) information about service lines that are | ||||||
15 | physically disconnected from a water main in its distribution | ||||||
16 | system. | ||||||
17 | (l) The owner or operator of each community water supply | ||||||
18 | shall post on its website a copy of the most recently submitted | ||||||
19 | material inventory or alternatively may request that the | ||||||
20 | Agency post a copy of that material inventory on the Agency's | ||||||
21 | website. | ||||||
22 | (m) Nothing in this Section shall be construed to require | ||||||
23 | service lines to be unearthed for the sole purpose of | ||||||
24 | inventorying. | ||||||
25 | (n) When an owner or operator of a community water supply | ||||||
26 | awards a contract under this Section, the owner or operator |
| |||||||
| |||||||
1 | shall make a good faith effort to use contractors and vendors | ||||||
2 | owned by minority persons, women, and persons with a | ||||||
3 | disability, as those terms are defined in Section 2 of the | ||||||
4 | Business Enterprise for Minorities, Women, and Persons with | ||||||
5 | Disabilities Act, for not less than 20% of the total | ||||||
6 | contracts, provided that: | ||||||
7 | (1) contracts representing at least 11% of the total | ||||||
8 | projects shall be awarded to minority-owned businesses, as | ||||||
9 | defined in Section 2 of the Business Enterprise for | ||||||
10 | Minorities, Women, and Persons with Disabilities Act; | ||||||
11 | (2) contracts representing at least 7% of the total | ||||||
12 | projects shall be awarded to women-owned businesses, as | ||||||
13 | defined in Section 2 of the Business Enterprise for | ||||||
14 | Minorities, Women, and Persons with Disabilities Act; and | ||||||
15 | (3) contracts representing at least 2% of the total | ||||||
16 | projects shall be awarded to businesses owned by persons | ||||||
17 | with a disability. | ||||||
18 | Owners or operators of a community water supply are | ||||||
19 | encouraged to divide projects, whenever economically feasible, | ||||||
20 | into contracts of smaller size that ensure small business | ||||||
21 | contractors or vendors shall have the ability to qualify in | ||||||
22 | the applicable bidding process, when determining the ability | ||||||
23 | to deliver on a given contract based on scope and size, as a | ||||||
24 | responsible and responsive bidder. | ||||||
25 | When a contractor or vendor submits a bid or letter of | ||||||
26 | intent in response to a request for proposal or other bid |
| |||||||
| |||||||
1 | submission, the contractor or vendor shall include with its | ||||||
2 | responsive documents a utilization plan that shall address how | ||||||
3 | compliance with applicable good faith requirements set forth | ||||||
4 | in this subsection shall be addressed. | ||||||
5 | Under this subsection, "good faith effort" means
a | ||||||
6 | community water supply has taken all necessary steps to comply | ||||||
7 | with the goals of this subsection by complying with the | ||||||
8 | following: | ||||||
9 | (1) Soliciting through reasonable and available means | ||||||
10 | the interest of a business, as defined in Section 2 of the | ||||||
11 | Business Enterprise for Minorities, Women, and Persons | ||||||
12 | with Disabilities Act, that have the capability to perform | ||||||
13 | the work of the contract. The community water supply must | ||||||
14 | solicit this interest within sufficient time to allow | ||||||
15 | certified businesses to respond. | ||||||
16 | (2) Providing interested certified businesses with | ||||||
17 | adequate information about the plans, specifications, and | ||||||
18 | requirements of the contract, including addenda, in a | ||||||
19 | timely manner to assist them in responding to the | ||||||
20 | solicitation. | ||||||
21 | (3) Meeting in good faith with interested certified | ||||||
22 | businesses that have submitted bids. | ||||||
23 | (4) Effectively using the services of the State, | ||||||
24 | minority or women community organizations, minority or | ||||||
25 | women contractor groups, local, State, and federal | ||||||
26 | minority or women business assistance offices, and other |
| |||||||
| |||||||
1 | organizations to provide assistance in the recruitment and | ||||||
2 | placement of certified businesses. | ||||||
3 | (5) Making efforts to use appropriate forums for | ||||||
4 | purposes of advertising subcontracting opportunities | ||||||
5 | suitable for certified businesses. | ||||||
6 | The diversity goals defined in this subsection can be met | ||||||
7 | through direct award to diverse contractors and through the | ||||||
8 | use of diverse subcontractors and diverse vendors to | ||||||
9 | contracts. | ||||||
10 | (o) An owner or operator of a community water supply shall | ||||||
11 | collect data necessary to ensure compliance with subsection | ||||||
12 | (n) no less than semi-annually and shall include progress | ||||||
13 | toward compliance of subsection (n) in the owner or operator's | ||||||
14 | report required under subsection (t-5). The report must | ||||||
15 | include data on vendor and employee diversity, including data | ||||||
16 | on the owner's or operator's implementation of subsection (n). | ||||||
17 | (p) Every owner or operator of a community water supply | ||||||
18 | that has known or suspected lead service lines shall: | ||||||
19 | (1) create a plan to: | ||||||
20 | (A) replace each lead service line connected to | ||||||
21 | its distribution system; and | ||||||
22 | (B) replace each galvanized service line connected | ||||||
23 | to its distribution system, if the galvanized service | ||||||
24 | line is or was connected downstream to lead piping; | ||||||
25 | and | ||||||
26 | (2) electronically submit, by April 15, 2024 its |
| |||||||
| |||||||
1 | initial lead service line replacement plan to the Agency; | ||||||
2 | (3) electronically submit by April 15 of each year | ||||||
3 | after 2024 until April 15, 2027 an updated lead service | ||||||
4 | line replacement plan to the Agency for review; the | ||||||
5 | updated replacement plan shall account for changes in the | ||||||
6 | number of lead service lines or unknown service lines in | ||||||
7 | the material inventory described in subsection (d); | ||||||
8 | (4) electronically submit by April 15, 2027 a complete | ||||||
9 | and final replacement plan to the Agency for approval; the | ||||||
10 | complete and final replacement plan shall account for all | ||||||
11 | known and suspected lead service lines documented in the | ||||||
12 | final material inventory described under paragraph (3) of | ||||||
13 | subsection (d); and | ||||||
14 | (5) post on its website a copy of the plan most | ||||||
15 | recently submitted to the Agency or may request that the | ||||||
16 | Agency post a copy of that plan on the Agency's website. | ||||||
17 | (q) Each plan required under paragraph (1) of subsection | ||||||
18 | (p) shall include the following: | ||||||
19 | (1) the name and identification number of the | ||||||
20 | community water supply; | ||||||
21 | (2) the total number of service lines connected to the | ||||||
22 | distribution system of the community water supply; | ||||||
23 | (3) the total number of suspected lead service lines | ||||||
24 | connected to the distribution system of the community | ||||||
25 | water supply; | ||||||
26 | (4) the total number of known lead service lines |
| |||||||
| |||||||
1 | connected to the distribution system of the community | ||||||
2 | water supply; | ||||||
3 | (5) the total number of lead service lines connected | ||||||
4 | to the distribution system of the community water supply | ||||||
5 | that have been replaced each year beginning in 2020; | ||||||
6 | (6) a proposed lead service line replacement schedule | ||||||
7 | that includes one-year, 5-year, 10-year, 15-year, 20-year, | ||||||
8 | 25-year, and 30-year goals; | ||||||
9 | (7) an analysis of costs and financing options for | ||||||
10 | replacing the lead service lines connected to the | ||||||
11 | community water supply's distribution system, which shall | ||||||
12 | include, but shall not be limited to: | ||||||
13 | (A) a detailed accounting of costs associated with | ||||||
14 | replacing lead service lines and galvanized lines that | ||||||
15 | are or were connected downstream to lead piping; | ||||||
16 | (B) measures to address affordability and prevent | ||||||
17 | service shut-offs for customers or ratepayers; and | ||||||
18 | (C) consideration of different scenarios for | ||||||
19 | structuring payments between the utility and its | ||||||
20 | customers over time; and | ||||||
21 | (8) a plan for prioritizing high-risk facilities, such | ||||||
22 | as preschools, child day care centers, child day care | ||||||
23 | homes, group child day care homes, parks, playgrounds, | ||||||
24 | hospitals, and clinics, as well as high-risk areas | ||||||
25 | identified by the community water supply; | ||||||
26 | (9) a map of the areas where lead service lines are |
| |||||||
| |||||||
1 | expected to be found and the sequence with which those | ||||||
2 | areas will be inventoried and lead service lines replaced; | ||||||
3 | (10) measures for how the community water supply will | ||||||
4 | inform the public of the plan and provide opportunity for | ||||||
5 | public comment; and | ||||||
6 | (11) measures to encourage diversity in hiring in the | ||||||
7 | workforce required to implement the plan as identified | ||||||
8 | under subsection (n). | ||||||
9 | (r) The Agency shall review final plans submitted to it | ||||||
10 | under subsection (p). The Agency shall approve a final plan if | ||||||
11 | the final plan includes all of the elements set forth under | ||||||
12 | subsection (q) and the Agency determines that: | ||||||
13 | (1) the proposed lead service line replacement | ||||||
14 | schedule set forth in the plan aligns with the timeline | ||||||
15 | requirements set forth under subsection (v); | ||||||
16 | (2) the plan prioritizes the replacement of lead | ||||||
17 | service lines that provide water service to high-risk | ||||||
18 | facilities, such as preschools, child day care centers, | ||||||
19 | child day care homes, group child day care homes, parks, | ||||||
20 | playgrounds, hospitals, and clinics, and high-risk areas | ||||||
21 | identified by the community water supply; | ||||||
22 | (3) the plan includes analysis of cost and financing | ||||||
23 | options; and | ||||||
24 | (4) the plan provides documentation of public review. | ||||||
25 | (s) An owner or operator of a community water supply has no | ||||||
26 | duty to include in the plans required under subsection (p) |
| |||||||
| |||||||
1 | information about service lines that are physically | ||||||
2 | disconnected from a water main in its distribution system. | ||||||
3 | (t) If a community water supply does not deliver a | ||||||
4 | complete plan to the Agency by April 15, 2027, the community | ||||||
5 | water supply may apply to the Agency for an extension no less | ||||||
6 | than 3 months prior to the due date. The Agency shall develop | ||||||
7 | criteria for granting plan extensions. When considering | ||||||
8 | requests for extension, the Agency shall, at a minimum, | ||||||
9 | consider: | ||||||
10 | (1) the number of service connections in a water | ||||||
11 | supply; and | ||||||
12 | (2) the number of service lines of an unknown material | ||||||
13 | composition. | ||||||
14 | (t-5) After the Agency has approved the final replacement | ||||||
15 | plan described in subsection (p), the owner or operator of a | ||||||
16 | community water supply shall submit a report detailing | ||||||
17 | progress toward plan goals to the Agency for its review. The | ||||||
18 | report shall be submitted annually for the first 10 years, and | ||||||
19 | every 3 years thereafter until all lead service lines have | ||||||
20 | been replaced. Reports under this subsection shall be | ||||||
21 | published in the same manner described in subsection (l). The | ||||||
22 | report shall include at least the following information as it | ||||||
23 | pertains to the preceding reporting period: | ||||||
24 | (1) The number of lead service lines replaced and the | ||||||
25 | average cost of lead service line replacement. | ||||||
26 | (2) Progress toward meeting hiring requirements as |
| |||||||
| |||||||
1 | described in subsection (n) and subsection (o). | ||||||
2 | (3) The percent of customers electing a waiver | ||||||
3 | offered, as described in subsections (ii) and (jj), among | ||||||
4 | those customers receiving a request or notification to | ||||||
5 | perform a lead service line replacement. | ||||||
6 | (4) The method or methods used by the community water | ||||||
7 | supply to finance lead service line replacement. | ||||||
8 | (u) Notwithstanding any other provision of law, in order | ||||||
9 | to provide for costs associated with lead service line | ||||||
10 | remediation and replacement, the corporate authorities of a | ||||||
11 | municipality may, by ordinance or resolution by the corporate | ||||||
12 | authorities, exercise authority provided in Section 27-5 et | ||||||
13 | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | ||||||
14 | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | ||||||
15 | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | ||||||
16 | levied for this purpose shall be in addition to taxes for | ||||||
17 | general purposes authorized under Section 8-3-1 of the | ||||||
18 | Illinois Municipal Code and shall be included in the taxing | ||||||
19 | district's aggregate extension for the purposes of Division 5 | ||||||
20 | of Article 18 of the Property Tax Code. | ||||||
21 | (v) Every owner or operator of a community water supply | ||||||
22 | shall replace all known lead service lines, subject to the | ||||||
23 | requirements of subsection (ff), according to the following | ||||||
24 | replacement rates and timelines to be calculated from the date | ||||||
25 | of submission of the final replacement plan to the Agency: | ||||||
26 | (1) A community water supply reporting 1,200 or fewer |
| |||||||
| |||||||
1 | lead service lines in its final inventory and replacement | ||||||
2 | plan shall replace all lead service lines, at an annual | ||||||
3 | rate of no less than 7% of the amount described in the | ||||||
4 | final inventory, with a timeline of up to 15 years for | ||||||
5 | completion. | ||||||
6 | (2) A community water supply reporting more than 1,200 | ||||||
7 | but fewer than 5,000 lead service lines in its final | ||||||
8 | inventory and replacement plan shall replace all lead | ||||||
9 | service lines, at an annual rate of no less than 6% of the | ||||||
10 | amount described in the final inventory, with a timeline | ||||||
11 | of up to 17 years for completion. | ||||||
12 | (3) A community water supply reporting more than 4,999 | ||||||
13 | but fewer than 10,000 lead service lines in its final | ||||||
14 | inventory and replacement plan shall replace all lead | ||||||
15 | service lines, at an annual rate of no less than 5% of the | ||||||
16 | amount described in the final inventory, with a timeline | ||||||
17 | of up to 20 years for completion. | ||||||
18 | (4) A community water supply reporting more than 9,999 | ||||||
19 | but fewer than 99,999 lead service lines in its final | ||||||
20 | inventory and replacement plan shall replace all lead | ||||||
21 | service lines, at an annual rate of no less than 3% of the | ||||||
22 | amount described in the final inventory, with a timeline | ||||||
23 | of up to 34 years for completion. | ||||||
24 | (5) A community water supply reporting more than | ||||||
25 | 99,999 lead service lines in its final inventory and | ||||||
26 | replacement plan shall replace all lead service lines, at |
| |||||||
| |||||||
1 | an annual rate of no less than 2% of the amount described | ||||||
2 | in the final inventory, with a timeline of up to 50 years | ||||||
3 | for completion. | ||||||
4 | (w) A community water supply may apply to the Agency for an | ||||||
5 | extension to the replacement timelines described in paragraphs | ||||||
6 | (1) through (5) of subsection (v). The Agency shall develop | ||||||
7 | criteria for granting replacement timeline extensions. When | ||||||
8 | considering requests for timeline extensions, the Agency | ||||||
9 | shall, at a minimum, consider: | ||||||
10 | (1) the number of service connections in a water | ||||||
11 | supply; and | ||||||
12 | (2) unusual circumstances creating hardship for a | ||||||
13 | community. | ||||||
14 | The Agency may grant one extension of additional time | ||||||
15 | equal to not more than 20% of the original replacement | ||||||
16 | timeline, except in situations of extreme hardship in which | ||||||
17 | the Agency may consider a second additional extension equal to | ||||||
18 | not more than 10% of the original replacement timeline. | ||||||
19 | Replacement rates and timelines shall be calculated from | ||||||
20 | the date of submission of the final plan to the Agency. | ||||||
21 | (x) The Lead Service Line Replacement Advisory Board is | ||||||
22 | created within the Agency. The Advisory Board shall convene | ||||||
23 | within 120 days after January 1, 2022 (the effective date of | ||||||
24 | Public Act 102-613). | ||||||
25 | The Advisory Board shall consist of at least 28 voting | ||||||
26 | members, as follows: |
| |||||||
| |||||||
1 | (1) the Director of the Agency, or his or her | ||||||
2 | designee, who shall serve as chairperson; | ||||||
3 | (2) the Director of Revenue, or his or her designee; | ||||||
4 | (3) the Director of Public Health, or his or her | ||||||
5 | designee; | ||||||
6 | (4) fifteen members appointed by the Agency as | ||||||
7 | follows: | ||||||
8 | (A) one member representing a statewide | ||||||
9 | organization of municipalities as authorized by | ||||||
10 | Section 1-8-1 of the Illinois Municipal Code; | ||||||
11 | (B) two members who are mayors representing | ||||||
12 | municipalities located in any county south of the | ||||||
13 | southernmost county represented by one of the 10 | ||||||
14 | largest municipalities in Illinois by population, or | ||||||
15 | their respective designees; | ||||||
16 | (C) two members who are representatives from | ||||||
17 | public health advocacy groups; | ||||||
18 | (D) two members who are representatives from | ||||||
19 | publicly-owned water utilities; | ||||||
20 | (E) one member who is a representative from a | ||||||
21 | public utility as defined under Section 3-105 of the | ||||||
22 | Public Utilities Act that provides water service in | ||||||
23 | the State of Illinois; | ||||||
24 | (F) one member who is a research professional | ||||||
25 | employed at an Illinois academic institution and | ||||||
26 | specializing in water infrastructure research; |
| |||||||
| |||||||
1 | (G) two members who are representatives from | ||||||
2 | nonprofit civic organizations; | ||||||
3 | (H) one member who is a representative from a | ||||||
4 | statewide organization representing environmental | ||||||
5 | organizations; | ||||||
6 | (I) two members who are representatives from | ||||||
7 | organized labor; and | ||||||
8 | (J) one member representing an environmental | ||||||
9 | justice organization; and | ||||||
10 | (5) ten members who are the mayors of the 10 largest | ||||||
11 | municipalities in Illinois by population, or their | ||||||
12 | respective designees. | ||||||
13 | No less than 10 of the 28 voting members shall be persons | ||||||
14 | of color, and no less than 3 shall represent communities | ||||||
15 | defined or self-identified as environmental justice | ||||||
16 | communities. | ||||||
17 | Advisory Board members shall serve without compensation, | ||||||
18 | but may be reimbursed for necessary expenses incurred in the | ||||||
19 | performance of their duties from funds appropriated for that | ||||||
20 | purpose. The Agency shall provide administrative support to | ||||||
21 | the Advisory Board. | ||||||
22 | The Advisory Board shall meet no less than once every 6 | ||||||
23 | months. | ||||||
24 | (y) The Advisory Board shall have, at a minimum, the | ||||||
25 | following duties: | ||||||
26 | (1) advising the Agency on best practices in lead |
| |||||||
| |||||||
1 | service line replacement; | ||||||
2 | (2) reviewing the progress of community water supplies | ||||||
3 | toward lead service line replacement goals; | ||||||
4 | (3) advising the Agency on other matters related to | ||||||
5 | the administration of the provisions of this Section; | ||||||
6 | (4) advising the Agency on the integration of existing | ||||||
7 | lead service line replacement plans with any statewide | ||||||
8 | plan; and | ||||||
9 | (5) providing technical support and practical | ||||||
10 | expertise in general. | ||||||
11 | (z) Within 18 months after January 1, 2022 (the effective | ||||||
12 | date of Public Act 102-613), the Advisory Board shall deliver | ||||||
13 | a report of its recommendations to the Governor and the | ||||||
14 | General Assembly concerning opportunities for dedicated, | ||||||
15 | long-term revenue options for funding lead service line | ||||||
16 | replacement. In submitting recommendations, the Advisory Board | ||||||
17 | shall consider, at a minimum, the following: | ||||||
18 | (1) the sufficiency of various revenue sources to | ||||||
19 | adequately fund replacement of all lead service lines in | ||||||
20 | Illinois; | ||||||
21 | (2) the financial burden, if any, on households | ||||||
22 | falling below 150% of the federal poverty limit; | ||||||
23 | (3) revenue options that guarantee low-income | ||||||
24 | households are protected from rate increases; | ||||||
25 | (4) an assessment of the ability of community water | ||||||
26 | supplies to assess and collect revenue; |
| |||||||
| |||||||
1 | (5) variations in financial resources among individual | ||||||
2 | households within a service area; and | ||||||
3 | (6) the protection of low-income households from rate | ||||||
4 | increases. | ||||||
5 | (aa) Within 10 years after January 1, 2022 (the effective | ||||||
6 | date of Public Act 102-613), the Advisory Board shall prepare | ||||||
7 | and deliver a report to the Governor and General Assembly | ||||||
8 | concerning the status of all lead service line replacement | ||||||
9 | within the State. | ||||||
10 | (bb) The Lead Service Line Replacement Fund is created as | ||||||
11 | a special fund in the State treasury to be used by the Agency | ||||||
12 | for the purposes provided under this Section. The Fund shall | ||||||
13 | be used exclusively to finance and administer programs and | ||||||
14 | activities specified under this Section and listed under this | ||||||
15 | subsection. | ||||||
16 | The objective of the Fund is to finance activities | ||||||
17 | associated with identifying and replacing lead service lines, | ||||||
18 | build Agency capacity to oversee the provisions of this | ||||||
19 | Section, and provide related assistance for the activities | ||||||
20 | listed under this subsection. | ||||||
21 | The Agency shall be responsible for the administration of | ||||||
22 | the Fund and shall allocate moneys on the basis of priorities | ||||||
23 | established by the Agency through administrative rule. On July | ||||||
24 | 1, 2022 and on July 1 of each year thereafter, the Agency shall | ||||||
25 | determine the available amount of resources in the Fund that | ||||||
26 | can be allocated to the activities identified under this |
| |||||||
| |||||||
1 | Section and shall allocate the moneys accordingly. | ||||||
2 | Notwithstanding any other law to the contrary, the Lead | ||||||
3 | Service Line Replacement Fund is not subject to sweeps, | ||||||
4 | administrative charge-backs, or any other fiscal maneuver that | ||||||
5 | would in any way transfer any amounts from the Lead Service | ||||||
6 | Line Replacement Fund into any other fund of the State. | ||||||
7 | (cc) Within one year after January 1, 2022 (the effective | ||||||
8 | date of Public Act 102-613), the Agency shall design rules for | ||||||
9 | a program for the purpose of administering lead service line | ||||||
10 | replacement funds. The rules must, at minimum, contain: | ||||||
11 | (1) the process by which community water supplies may | ||||||
12 | apply for funding; and | ||||||
13 | (2) the criteria for determining unit of local | ||||||
14 | government eligibility and prioritization for funding, | ||||||
15 | including the prevalence of low-income households, as | ||||||
16 | measured by median household income, the prevalence of | ||||||
17 | lead service lines, and the prevalence of water samples | ||||||
18 | that demonstrate elevated levels of lead. | ||||||
19 | (dd) Funding under subsection (cc) shall be available for | ||||||
20 | costs directly attributable to the planning, design, or | ||||||
21 | construction directly related to the replacement of lead | ||||||
22 | service lines and restoration of property. | ||||||
23 | Funding shall not be used for the general operating | ||||||
24 | expenses of a municipality or community water supply. | ||||||
25 | (ee) An owner or operator of any community water supply | ||||||
26 | receiving grant funding under subsection (cc) shall bear the |
| |||||||
| |||||||
1 | entire expense of full lead service line replacement for all | ||||||
2 | lead service lines in the scope of the grant. | ||||||
3 | (ff) When replacing a lead service line, the owner or | ||||||
4 | operator of the community water supply shall replace the | ||||||
5 | service line in its entirety, including, but not limited to, | ||||||
6 | any portion of the service line (i) running on private | ||||||
7 | property and (ii) within the building's plumbing at the first | ||||||
8 | shut-off valve. Partial lead service line replacements are | ||||||
9 | expressly prohibited. Exceptions shall be made under the | ||||||
10 | following circumstances: | ||||||
11 | (1) In the event of an emergency repair that affects a | ||||||
12 | lead service line or a suspected lead service line, a | ||||||
13 | community water supply must contact the building owner to | ||||||
14 | begin the process of replacing the entire service line. If | ||||||
15 | the building owner is not able to be contacted or the | ||||||
16 | building owner or occupant refuses to grant access and | ||||||
17 | permission to replace the entire service line at the time | ||||||
18 | of the emergency repair, then the community water supply | ||||||
19 | may perform a partial lead service line replacement. Where | ||||||
20 | an emergency repair on a service line constructed of lead | ||||||
21 | or galvanized steel pipe results in a partial service line | ||||||
22 | replacement, the water supply responsible for commencing | ||||||
23 | the repair shall perform the following: | ||||||
24 | (A) Notify the building's owner or operator and | ||||||
25 | the resident or residents served by the lead service | ||||||
26 | line in writing that a repair has been completed. The |
| |||||||
| |||||||
1 | notification shall include, at a minimum: | ||||||
2 | (i) a warning that the work may result in | ||||||
3 | sediment, possibly containing lead, in the | ||||||
4 | buildings water supply system; | ||||||
5 | (ii) information concerning practices for | ||||||
6 | preventing the consumption of any lead in drinking | ||||||
7 | water, including a recommendation to flush water | ||||||
8 | distribution pipe during and after the completion | ||||||
9 | of the repair or replacement work and to clean | ||||||
10 | faucet aerator screens; and | ||||||
11 | (iii) information regarding the dangers of | ||||||
12 | lead to young children and pregnant women. | ||||||
13 | (B) Provide filters for at least one fixture | ||||||
14 | supplying potable water for consumption. The filter | ||||||
15 | must be certified by an accredited third-party | ||||||
16 | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | ||||||
17 | the reduction of lead and particulate. The filter must | ||||||
18 | be provided until such time that the remaining | ||||||
19 | portions of the service line have been replaced with a | ||||||
20 | material approved by the Department or a waiver has | ||||||
21 | been issued under subsection (ii). | ||||||
22 | (C) Replace the remaining portion of the lead | ||||||
23 | service line within 30 days of the repair, or 120 days | ||||||
24 | in the event of weather or other circumstances beyond | ||||||
25 | reasonable control that prohibits construction. If a | ||||||
26 | complete lead service line replacement cannot be made |
| |||||||
| |||||||
1 | within the required period, the community water supply | ||||||
2 | responsible for commencing the repair shall notify the | ||||||
3 | Department in writing, at a minimum, of the following | ||||||
4 | within 24 hours of the repair: | ||||||
5 | (i) an explanation of why it is not feasible | ||||||
6 | to replace the remaining portion of the lead | ||||||
7 | service line within the allotted time; and | ||||||
8 | (ii) a timeline for when the remaining portion | ||||||
9 | of the lead service line will be replaced. | ||||||
10 | (D) If complete repair of a lead service line | ||||||
11 | cannot be completed due to denial by the property | ||||||
12 | owner, the community water supply commencing the | ||||||
13 | repair shall request the affected property owner to | ||||||
14 | sign a waiver developed by the Department. If a | ||||||
15 | property owner of a nonresidential building or | ||||||
16 | residence operating as rental properties denies a | ||||||
17 | complete lead service line replacement, the property | ||||||
18 | owner shall be responsible for installing and | ||||||
19 | maintaining point-of-use filters certified by an | ||||||
20 | accredited third-party certification body to NSF/ANSI | ||||||
21 | 53 and NSF/ANSI 42 for the reduction of lead and | ||||||
22 | particulate at all fixtures intended to supply water | ||||||
23 | for the purposes of drinking, food preparation, or | ||||||
24 | making baby formula. The filters shall continue to be | ||||||
25 | supplied by the property owner until such time that | ||||||
26 | the property owner has affected the remaining portions |
| |||||||
| |||||||
1 | of the lead service line to be replaced. | ||||||
2 | (E) Document any remaining lead service line, | ||||||
3 | including a portion on the private side of the | ||||||
4 | property, in the community water supply's distribution | ||||||
5 | system materials inventory required under subsection | ||||||
6 | (d). | ||||||
7 | For the purposes of this paragraph (1), written notice | ||||||
8 | shall be provided in the method and according to the | ||||||
9 | provisions of subsection (jj). | ||||||
10 | (2) Lead service lines that are physically | ||||||
11 | disconnected from the distribution system are exempt from | ||||||
12 | this subsection. | ||||||
13 | (gg) Except as provided in subsection (hh), on and after | ||||||
14 | January 1, 2022, when the owner or operator of a community | ||||||
15 | water supply replaces a water main, the community water supply | ||||||
16 | shall identify all lead service lines connected to the water | ||||||
17 | main and shall replace the lead service lines by: | ||||||
18 | (1) identifying the material or materials of each lead | ||||||
19 | service line connected to the water main, including, but | ||||||
20 | not limited to, any portion of the service line (i) | ||||||
21 | running on private property and (ii) within the building | ||||||
22 | plumbing at the first shut-off valve or 18 inches inside | ||||||
23 | the building, whichever is shorter; | ||||||
24 | (2) in conjunction with replacement of the water main, | ||||||
25 | replacing any and all portions of each lead service line | ||||||
26 | connected to the water main that are composed of lead; and |
| |||||||
| |||||||
1 | (3) if a property owner or customer refuses to grant | ||||||
2 | access to the property, following prescribed notice | ||||||
3 | provisions as outlined in subsection (ff). | ||||||
4 | If an owner of a potentially affected building intends to | ||||||
5 | replace a portion of a lead service line or a galvanized | ||||||
6 | service line and the galvanized service line is or was | ||||||
7 | connected downstream to lead piping, then the owner of the | ||||||
8 | potentially affected building shall provide the owner or | ||||||
9 | operator of the community water supply with notice at least 45 | ||||||
10 | days before commencing the work. In the case of an emergency | ||||||
11 | repair, the owner of the potentially affected building must | ||||||
12 | provide filters for each kitchen area that are certified by an | ||||||
13 | accredited third-party certification body to NSF/ANSI 53 and | ||||||
14 | NSF/ANSI 42 for the reduction of lead and particulate. If the | ||||||
15 | owner of the potentially affected building notifies the owner | ||||||
16 | or operator of the community water supply that replacement of | ||||||
17 | a portion of the lead service line after the emergency repair | ||||||
18 | is completed, then the owner or operator of the community | ||||||
19 | water supply shall replace the remainder of the lead service | ||||||
20 | line within 30 days after completion of the emergency repair. | ||||||
21 | A community water supply may take up to 120 days if necessary | ||||||
22 | due to weather conditions. If a replacement takes longer than | ||||||
23 | 30 days, filters provided by the owner of the potentially | ||||||
24 | affected building must be replaced in accordance with the | ||||||
25 | manufacturer's recommendations. Partial lead service line | ||||||
26 | replacements by the owners of potentially affected buildings |
| |||||||
| |||||||
1 | are otherwise prohibited. | ||||||
2 | (hh) For municipalities with a population in excess of | ||||||
3 | 1,000,000 inhabitants, the requirements of subsection (gg) | ||||||
4 | shall commence on January 1, 2023. | ||||||
5 | (ii) At least 45 days before conducting planned lead | ||||||
6 | service line replacement, the owner or operator of a community | ||||||
7 | water supply shall, by mail, attempt to contact the owner of | ||||||
8 | the potentially affected building serviced by the lead service | ||||||
9 | line to request access to the building and permission to | ||||||
10 | replace the lead service line in accordance with the lead | ||||||
11 | service line replacement plan. If the owner of the potentially | ||||||
12 | affected building does not respond to the request within 15 | ||||||
13 | days after the request is sent, the owner or operator of the | ||||||
14 | community water supply shall attempt to post the request on | ||||||
15 | the entrance of the potentially affected building. | ||||||
16 | If the owner or operator of a community water supply is | ||||||
17 | unable to obtain approval to access and replace a lead service | ||||||
18 | line, the owner or operator of the community water supply | ||||||
19 | shall request that the owner of the potentially affected | ||||||
20 | building sign a waiver. The waiver shall be developed by the | ||||||
21 | Department and should be made available in the owner's | ||||||
22 | language. If the owner of the potentially affected building | ||||||
23 | refuses to sign the waiver or fails to respond to the community | ||||||
24 | water supply after the community water supply has complied | ||||||
25 | with this subsection, then the community water supply shall | ||||||
26 | notify the Department in writing within 15 working days. |
| |||||||
| |||||||
1 | (jj) When replacing a lead service line or repairing or | ||||||
2 | replacing water mains with lead service lines or partial lead | ||||||
3 | service lines attached to them, the owner or operator of a | ||||||
4 | community water supply shall provide the owner of each | ||||||
5 | potentially affected building that is serviced by the affected | ||||||
6 | lead service lines or partial lead service lines, as well as | ||||||
7 | the occupants of those buildings, with an individual written | ||||||
8 | notice. The notice shall be delivered by mail or posted at the | ||||||
9 | primary entranceway of the building. The notice may, in | ||||||
10 | addition, be electronically mailed. Written notice shall | ||||||
11 | include, at a minimum, the following: | ||||||
12 | (1) a warning that the work may result in sediment, | ||||||
13 | possibly containing lead from the service line, in the | ||||||
14 | building's water; | ||||||
15 | (2) information concerning the best practices for | ||||||
16 | preventing exposure to or risk of consumption of lead in | ||||||
17 | drinking water, including a recommendation to flush water | ||||||
18 | lines during and after the completion of the repair or | ||||||
19 | replacement work and to clean faucet aerator screens; and | ||||||
20 | (3) information regarding the dangers of lead exposure | ||||||
21 | to young children and pregnant women. | ||||||
22 | When the individual written notice described in the first | ||||||
23 | paragraph of this subsection is required as a result of | ||||||
24 | planned work other than the repair or replacement of a water | ||||||
25 | meter, the owner or operator of the community water supply | ||||||
26 | shall provide the notice not less than 14 days before work |
| |||||||
| |||||||
1 | begins. When the individual written notice described in the | ||||||
2 | first paragraph of this subsection is required as a result of | ||||||
3 | emergency repairs other than the repair or replacement of a | ||||||
4 | water meter, the owner or operator of the community water | ||||||
5 | supply shall provide the notice at the time the work is | ||||||
6 | initiated. When the individual written notice described in the | ||||||
7 | first paragraph of this subsection is required as a result of | ||||||
8 | the repair or replacement of a water meter, the owner or | ||||||
9 | operator of the community water supply shall provide the | ||||||
10 | notice at the time the work is initiated. | ||||||
11 | The notifications required under this subsection must | ||||||
12 | contain the following
statement in Spanish, Polish, Chinese, | ||||||
13 | Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
"This | ||||||
14 | notice contains important information about your water service | ||||||
15 | and may affect your
rights. We encourage you to have this | ||||||
16 | notice translated in full into a language you
understand and | ||||||
17 | before you make any decisions that may be required under this | ||||||
18 | notice." | ||||||
19 | An owner or operator of a community water supply that is | ||||||
20 | required under this subsection to provide an individual | ||||||
21 | written notice to the owner and occupant of a potentially | ||||||
22 | affected building that is a multi-dwelling building may | ||||||
23 | satisfy that requirement and the requirements of this | ||||||
24 | subsection regarding notification to non-English speaking | ||||||
25 | customers by posting the required notice on the primary | ||||||
26 | entranceway of the building and at the location where the |
| |||||||
| |||||||
1 | occupant's mail is delivered as reasonably as possible. | ||||||
2 | When this subsection would require the owner or operator | ||||||
3 | of a community water supply to provide an individual written | ||||||
4 | notice to the entire community served by the community water | ||||||
5 | supply or would require the owner or operator of a community | ||||||
6 | water supply to provide individual written notices as a result | ||||||
7 | of emergency repairs or when the community water supply that | ||||||
8 | is required to comply with this subsection is a small system, | ||||||
9 | the owner or operator of the community water supply may | ||||||
10 | provide the required notice through local media outlets, | ||||||
11 | social media, or other similar means in lieu of providing the | ||||||
12 | individual written notices otherwise required under this | ||||||
13 | subsection. | ||||||
14 | No notifications are required under this subsection for | ||||||
15 | work performed on water mains that are used to transmit | ||||||
16 | treated water between community water supplies and properties | ||||||
17 | that have no service connections. | ||||||
18 | (kk) No community water supply that sells water to any | ||||||
19 | wholesale or retail consecutive community water supply may | ||||||
20 | pass on any costs associated with compliance with this Section | ||||||
21 | to consecutive systems. | ||||||
22 | (ll) To the extent allowed by law, when a community water | ||||||
23 | supply replaces or installs a lead service line in a public | ||||||
24 | right-of-way or enters into an agreement with a private | ||||||
25 | contractor for replacement or installation of a lead service | ||||||
26 | line, the community water supply shall be held harmless for |
| |||||||
| |||||||
1 | all damage to property when replacing or installing the lead | ||||||
2 | service line. If dangers are encountered that prevent the | ||||||
3 | replacement of the lead service line, the community water | ||||||
4 | supply shall notify the Department within 15 working days of | ||||||
5 | why the replacement of the lead service line could not be | ||||||
6 | accomplished. | ||||||
7 | (mm) The Agency may propose to the Board, and the Board may | ||||||
8 | adopt, any rules necessary to implement and administer this | ||||||
9 | Section. The Department may adopt rules necessary to address | ||||||
10 | lead service lines attached to non-community water supplies. | ||||||
11 | (nn) Notwithstanding any other provision in this Section, | ||||||
12 | no requirement in this Section shall be construed as being | ||||||
13 | less stringent than existing applicable federal requirements. | ||||||
14 | (oo) All lead service line replacements financed in whole | ||||||
15 | or in part with funds obtained under this Section shall be | ||||||
16 | considered public works for purposes of the Prevailing Wage | ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||||||
19 | Section 255. The Lawn Care Products Application and Notice | ||||||
20 | Act is amended by changing Sections 2, 3, and 6 as follows:
| ||||||
21 | (415 ILCS 65/2) (from Ch. 5, par. 852)
| ||||||
22 | Sec. 2. Definitions.
| ||||||
23 | For purposes of this Act:
| ||||||
24 | "Application" means the spreading of lawn care products
on |
| |||||||
| |||||||
1 | a lawn.
| ||||||
2 | "Applicator for hire" means any person who makes an | ||||||
3 | application of lawn
care products to a lawn or lawns for | ||||||
4 | compensation, including applications made
by an employee to | ||||||
5 | lawns owned, occupied or managed by his employer and
includes | ||||||
6 | those licensed by the Department as licensed commercial
| ||||||
7 | applicators, commercial not-for-hire applicators, licensed | ||||||
8 | public
applicators, certified applicators and licensed | ||||||
9 | operators and those
otherwise subject to the licensure | ||||||
10 | provisions of the Illinois Pesticide
Act, as now or hereafter | ||||||
11 | amended.
| ||||||
12 | "Buffer" means an area adjacent to a body of water that is | ||||||
13 | left untreated with any fertilizer. | ||||||
14 | " Child Day care center" means any facility that qualifies | ||||||
15 | as a " child day care center" under the Child Care Act of 1969. | ||||||
16 | "Department" means the Illinois Department of Agriculture.
| ||||||
17 | "Department of Public Health" means the Illinois | ||||||
18 | Department of Public Health. | ||||||
19 | "Facility" means a building or structure and appurtenances | ||||||
20 | thereto used
by an applicator for hire for storage and | ||||||
21 | handling of pesticides or the
storage or maintenance of | ||||||
22 | pesticide application equipment or vehicles.
| ||||||
23 | "Fertilizer" means any substance containing nitrogen, | ||||||
24 | phosphorus or
potassium or other recognized plant nutrient or | ||||||
25 | compound, which is used for
its plant nutrient content.
| ||||||
26 | "Golf course" means an area designated for the play or |
| |||||||
| |||||||
1 | practice of the
game of golf, including surrounding grounds, | ||||||
2 | trees, ornamental beds and the like.
| ||||||
3 | "Golf course superintendent" means any person entrusted | ||||||
4 | with and employed
for the care and maintenance of a golf | ||||||
5 | course.
| ||||||
6 | "Impervious surface" means any structure, surface, or | ||||||
7 | improvement that reduces or prevents absorption of stormwater | ||||||
8 | into land, and includes pavement, porous paving, paver blocks, | ||||||
9 | gravel, crushed stone, decks, patios, elevated structures, and | ||||||
10 | other similar structures, surfaces, or improvements. | ||||||
11 | "Lawn" means land area covered with turf kept closely mown | ||||||
12 | or land area
covered with turf and trees or shrubs. The term | ||||||
13 | does not include (1) land
area used for research for | ||||||
14 | agricultural production or for the commercial
production of | ||||||
15 | turf, (2) land area situated within a public or private
| ||||||
16 | right-of-way, or (3) land area which is devoted to the | ||||||
17 | production of any
agricultural commodity, including, but not | ||||||
18 | limited to plants and plant
parts, livestock and poultry and | ||||||
19 | livestock or poultry products,
seeds, sod, shrubs and other | ||||||
20 | products of agricultural origin raised for
sale or for human | ||||||
21 | or livestock consumption.
| ||||||
22 | "Lawn care products" means fertilizers or pesticides | ||||||
23 | applied or
intended for application to lawns.
| ||||||
24 | "Lawn repair products" means seeds, including seeding | ||||||
25 | soils, that contain or are coated with or encased in | ||||||
26 | fertilizer material. |
| |||||||
| |||||||
1 | "Person" means any individual, partnership, association, | ||||||
2 | corporation or
State governmental agency, school district, | ||||||
3 | unit of local government and
any agency thereof.
| ||||||
4 | "Pesticide" means any substance or mixture of substances | ||||||
5 | defined as a
pesticide under the Illinois Pesticide Act, as | ||||||
6 | now or hereafter amended.
| ||||||
7 | "Plant protectants" means any substance or material used | ||||||
8 | to protect
plants from infestation of insects, fungi, weeds | ||||||
9 | and rodents, or any other
substance that would benefit the | ||||||
10 | overall health of plants.
| ||||||
11 | "Soil test" means a chemical and mechanical analysis of | ||||||
12 | soil nutrient values and pH level as it relates to the soil and | ||||||
13 | development of a lawn. | ||||||
14 | "Spreader" means any commercially available fertilizing | ||||||
15 | device used to evenly distribute fertilizer material. | ||||||
16 | "Turf" means the upper stratum of soils bound by grass and | ||||||
17 | plant roots into a thick mat.
| ||||||
18 | "0% phosphate fertilizer" means a fertilizer that contains | ||||||
19 | no more than 0.67% available phosphoric acid (P 2 O 5 ). | ||||||
20 | (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
| ||||||
21 | (415 ILCS 65/3) (from Ch. 5, par. 853)
| ||||||
22 | Sec. 3. Notification requirements for application of lawn | ||||||
23 | care products.
| ||||||
24 | (a) Lawn Markers.
| ||||||
25 | (1) Immediately following application of lawn care |
| |||||||
| |||||||
1 | products to a lawn,
other than a golf course, an | ||||||
2 | applicator for hire shall place a lawn marker
at the usual | ||||||
3 | point or points of entry.
| ||||||
4 | (2) The lawn marker shall consist of a 4 inch by 5 inch | ||||||
5 | sign,
vertical or horizontal, attached to the upper | ||||||
6 | portion of a dowel or other
supporting device with the | ||||||
7 | bottom of the marker extending no less than 12
inches | ||||||
8 | above the turf.
| ||||||
9 | (3) The lawn marker shall be white and lettering on | ||||||
10 | the lawn marker
shall be in a contrasting color. The | ||||||
11 | marker shall state on one side, in
letters of not less than | ||||||
12 | 3/8 inch, the following:
"LAWN CARE APPLICATION - STAY OFF | ||||||
13 | GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here | ||||||
14 | shall be inserted the name and business telephone number | ||||||
15 | of
the applicator for hire)."
| ||||||
16 | (4) The lawn marker shall be removed and discarded by | ||||||
17 | the property
owner or resident, or such other person | ||||||
18 | authorized by the property owner or
resident, on the day | ||||||
19 | following the application. The lawn marker shall not be
| ||||||
20 | removed by any person other than the property owner or | ||||||
21 | resident or person
designated by such property owner or | ||||||
22 | resident.
| ||||||
23 | (5) For applications to residential properties of 2 | ||||||
24 | families or
less, the applicator for hire shall be | ||||||
25 | required to place
lawn markers at the usual point or | ||||||
26 | points of entry.
|
| |||||||
| |||||||
1 | (6) For applications to residential properties
of 2 | ||||||
2 | families or more, or for application to other commercial | ||||||
3 | properties,
the applicator for hire shall place lawn | ||||||
4 | markers at the usual point or points
of entry to the | ||||||
5 | property to provide notice that lawn care products have | ||||||
6 | been
applied to the lawn.
| ||||||
7 | (b) Notification requirement for application of plant | ||||||
8 | protectants on golf
courses.
| ||||||
9 | (1) Blanket posting procedure. Each golf course shall | ||||||
10 | post in a
conspicuous place or places an all-weather | ||||||
11 | poster or placard stating to
users of or visitors to the | ||||||
12 | golf course that from time to time plant
protectants are | ||||||
13 | in use and additionally stating that if any questions or
| ||||||
14 | concerns arise in relation thereto, the golf course | ||||||
15 | superintendent or his
designee should be contacted to | ||||||
16 | supply the information contained in
subsection (c) of this | ||||||
17 | Section.
| ||||||
18 | (2) The poster or placard shall be prominently | ||||||
19 | displayed in the pro
shop, locker rooms and first tee at | ||||||
20 | each golf course.
| ||||||
21 | (3) The poster or placard shall be a minimum size of 8 | ||||||
22 | 1/2 by 11 inches
and the lettering shall not be less than | ||||||
23 | 1/2 inch.
| ||||||
24 | (4) The poster or placard shall read: "PLANT | ||||||
25 | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. | ||||||
26 | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE |
| |||||||
| |||||||
1 | SUPERINTENDENT FOR FURTHER INFORMATION."
| ||||||
2 | (c) Information to Customers of Applicators for Hire. At | ||||||
3 | the time of
application of lawn care products to a lawn, an | ||||||
4 | applicator for hire shall
provide the following information to | ||||||
5 | the customer:
| ||||||
6 | (1) The brand name, common name, and scientific name | ||||||
7 | of each lawn care product applied;
| ||||||
8 | (2) The type of fertilizer or pesticide contained in | ||||||
9 | the lawn care
product applied;
| ||||||
10 | (3) The reason for use of each lawn care product | ||||||
11 | applied;
| ||||||
12 | (4) The range of concentration of end use product | ||||||
13 | applied to the
lawn and amount of material applied;
| ||||||
14 | (5) Any special instruction appearing on the label of | ||||||
15 | the lawn care
product applicable to the customer's use of | ||||||
16 | the lawn following application;
| ||||||
17 | (6) The business name and telephone number of the | ||||||
18 | applicator for hire
as well as the name of the person | ||||||
19 | actually applying lawn care products to the
lawn; and | ||||||
20 | (7) Upon the request of a customer or any person whose | ||||||
21 | property abuts or is adjacent to the property of a | ||||||
22 | customer of an applicator for hire, a copy of the material | ||||||
23 | safety data sheet and approved pesticide registration | ||||||
24 | label for each applied lawn care product.
| ||||||
25 | (d) Prior notification of application to lawn. In the case | ||||||
26 | of all lawns
other than golf courses:
|
| |||||||
| |||||||
1 | (1) Any neighbor whose property abuts or is adjacent | ||||||
2 | to the property
of a customer of an applicator for hire may | ||||||
3 | receive prior notification of
an application by contacting | ||||||
4 | the applicator for hire and providing his
name, address | ||||||
5 | and telephone number.
| ||||||
6 | (2) At least the day before a scheduled application, | ||||||
7 | an applicator
for hire shall provide notification to a | ||||||
8 | person who has requested
notification pursuant to | ||||||
9 | paragraph (1) of this subsection (d), such
notification to | ||||||
10 | be made in writing, in person or by telephone, disclosing
| ||||||
11 | the date and approximate time of day of application.
| ||||||
12 | (3) In the event that an applicator for hire is unable | ||||||
13 | to provide
prior notification to a neighbor whose property | ||||||
14 | abuts or is adjacent to the
property because of the | ||||||
15 | absence or inaccessibility of the individual, at
the time | ||||||
16 | of application to a customer's lawn, the applicator for | ||||||
17 | hire shall
leave a written notice at the residence of the | ||||||
18 | person requesting
notification, which shall provide the | ||||||
19 | information specified in paragraph
(2) of this subsection | ||||||
20 | (d).
| ||||||
21 | (e) Prior notification of application to golf courses.
| ||||||
22 | (1) Any landlord or resident with property that abuts | ||||||
23 | or is adjacent
to a golf course may receive prior | ||||||
24 | notification of an application of lawn
care products or | ||||||
25 | plant protectants, or both, by contacting the golf course
| ||||||
26 | superintendent and providing his name, address and |
| |||||||
| |||||||
1 | telephone number.
| ||||||
2 | (2) At least the day before a scheduled application of | ||||||
3 | lawn care
products or plant protectants, or both, the golf | ||||||
4 | course superintendent
shall provide notification to any | ||||||
5 | person who has requested notification
pursuant to | ||||||
6 | paragraph (1) of this subsection (e), such notification to | ||||||
7 | be
made in writing, in person or by telephone, disclosing | ||||||
8 | the date and
approximate time of day of application.
| ||||||
9 | (3) In the event that the golf course superintendent | ||||||
10 | is unable to
provide prior notification to a landlord or | ||||||
11 | resident because of the absence
or inaccessibility, at the | ||||||
12 | time of application, of the landlord or
resident, the golf | ||||||
13 | course superintendent shall leave a written notice with
| ||||||
14 | the landlord or at the residence which shall provide the | ||||||
15 | information
specified in paragraph (2) of this subsection | ||||||
16 | (e).
| ||||||
17 | (f) Notification for applications of pesticides to child | ||||||
18 | day care center grounds other than child day care center | ||||||
19 | structures and school grounds other
than school structures. | ||||||
20 | (1) The owner or operator of a child day care center | ||||||
21 | must either (i) maintain a registry of parents and | ||||||
22 | guardians of children in his or her care who have | ||||||
23 | registered to receive written notification before the | ||||||
24 | application of pesticide to child day care center grounds | ||||||
25 | and notify persons on that registry before applying | ||||||
26 | pesticides or having pesticide applied to child day care |
| |||||||
| |||||||
1 | center grounds or (ii) provide written or telephonic | ||||||
2 | notice to all parents and guardians of children in his or | ||||||
3 | her care before applying pesticide or having pesticide | ||||||
4 | applied to child day care center grounds. | ||||||
5 | (2) School districts must either (i) maintain a | ||||||
6 | registry of parents
and guardians of students who have | ||||||
7 | registered to receive written or telephonic notification
| ||||||
8 | before the application of pesticide to school grounds and | ||||||
9 | notify persons on that list before applying pesticide or | ||||||
10 | having pesticide applied to school grounds or (ii) provide | ||||||
11 | written or telephonic
notification to all parents and | ||||||
12 | guardians of students before applying pesticide or having | ||||||
13 | pesticide applied to school grounds. | ||||||
14 | (3) Written notification required under item (1) or | ||||||
15 | (2) of subsection (f) of this Section may be included in | ||||||
16 | newsletters,
calendars, or other correspondence currently | ||||||
17 | published by the school district, but posting on a | ||||||
18 | bulletin board is not sufficient.
The written or | ||||||
19 | telephonic notification must be given at least 4 business | ||||||
20 | days before
application of the pesticide and should | ||||||
21 | identify the intended date of the
application of the | ||||||
22 | pesticide and the name and telephone contact number for | ||||||
23 | the
school personnel responsible for the pesticide | ||||||
24 | application program or, in the case of a child day care | ||||||
25 | center, the owner or operator of the child day care | ||||||
26 | center. Prior
notice shall not be required if there is |
| |||||||
| |||||||
1 | imminent threat to health or
property. If such a situation | ||||||
2 | arises, the appropriate school personnel or, in the case | ||||||
3 | of a child day care center, the owner or operator of the | ||||||
4 | child day care center must
sign a statement describing the | ||||||
5 | circumstances that gave rise to the health
threat and | ||||||
6 | ensure that written or telephonic notice is provided as | ||||||
7 | soon as practicable.
| ||||||
8 | (Source: P.A. 96-424, eff. 8-13-09.)
| ||||||
9 | (415 ILCS 65/6) (from Ch. 5, par. 856)
| ||||||
10 | Sec. 6. This Act shall be administered and enforced by the | ||||||
11 | Department. The Department may promulgate rules and | ||||||
12 | regulations as necessary for the
enforcement of this Act. The | ||||||
13 | Department of Public Health must inform school boards and the | ||||||
14 | owners and operators of child day care centers about the | ||||||
15 | provisions of this Act that are applicable to school districts | ||||||
16 | and child day care centers, and it must inform school boards | ||||||
17 | about the requirements contained in Sections 10-20.49 and | ||||||
18 | 34-18.40 of the School Code. The Department of Public Health | ||||||
19 | must recommend that child day care centers and schools use a | ||||||
20 | pesticide-free turf care program to maintain their turf. The | ||||||
21 | Department of Public Health must also report violations of | ||||||
22 | this Act of which it becomes aware to the Department for | ||||||
23 | enforcement.
| ||||||
24 | (Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
|
| |||||||
| |||||||
1 | Section 260. The Furniture Fire Safety Act is amended by | ||||||
2 | changing Section 1002 as follows:
| ||||||
3 | (425 ILCS 45/1002) (from Ch. 127 1/2, par. 951-2)
| ||||||
4 | Sec. 1002. As used in this Act:
| ||||||
5 | (a) "Sell" or any of its variants means and includes any of | ||||||
6 | or any
combination of the following: to sell, offer or expose | ||||||
7 | for sale, barter,
trade, deliver, give away, rent, consign, | ||||||
8 | lease, or possess with an intent to
sell or dispose of in any | ||||||
9 | other commercial manner.
| ||||||
10 | (b) "Seating furniture" means any furniture, including | ||||||
11 | children's
furniture, movable or stationery, which (1) is made | ||||||
12 | of or with cushions
or pillows, loose or attached, (2) is | ||||||
13 | itself stuffed or filled in whole or in
part with any filling | ||||||
14 | material, (3) is or can be
stuffed or filled in whole or in | ||||||
15 | part with any substance or material,
hidden or concealed by | ||||||
16 | fabric or any other covering, including cushions or
pillows | ||||||
17 | belonging to or forming a part thereof, together with the
| ||||||
18 | structural units, the filling material and its container and | ||||||
19 | covering
which can be used as a support for the body of a human | ||||||
20 | being, or the limbs
and feet when sitting or resting in an | ||||||
21 | upright or reclining position.
| ||||||
22 | (c) "Filling material" means cotton, wool, kapok, | ||||||
23 | feathers, down,
hair, liquid, or any other material or | ||||||
24 | substance, natural or man-made, or any
other prefabricated | ||||||
25 | form, concealed or not concealed, to be used or that
could be |
| |||||||
| |||||||
1 | used in articles of seating furniture.
| ||||||
2 | (d) "Manufacturer" means a person who, either by himself | ||||||
3 | or
through employees or agents, makes any article of seating | ||||||
4 | furniture
in whole or in part.
| ||||||
5 | (e) "Public occupancies" means:
| ||||||
6 | (1) Jails, prisons, and penal institutions;
| ||||||
7 | (2) Hospitals, mental health facilities, and similar | ||||||
8 | health care facilities;
| ||||||
9 | (3) Nursing care and convalescent homes;
| ||||||
10 | (4) Child day care centers;
| ||||||
11 | (5) Public auditoriums and stadiums; and
| ||||||
12 | (6) Public assembly areas of hotels and motels containing | ||||||
13 | more than 10
articles of seating furniture.
| ||||||
14 | (Source: P.A. 86-631.)
| ||||||
15 | Section 265. The Space Heating Safety Act is amended by | ||||||
16 | changing Section 9 as follows:
| ||||||
17 | (425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
| ||||||
18 | Sec. 9. Prohibited use of kerosene heaters. The use of | ||||||
19 | kerosene
fueled heaters will be prohibited under any | ||||||
20 | circumstances in the following
types of structures:
| ||||||
21 | (i) nursing homes or convalescent centers;
| ||||||
22 | (ii) child care day-care centers having children | ||||||
23 | present;
| ||||||
24 | (iii) any type of center for persons with |
| |||||||
| |||||||
1 | disabilities;
| ||||||
2 | (iv) common areas of multifamily dwellings;
| ||||||
3 | (v) hospitals;
| ||||||
4 | (vi) structures more than 3 stories in height; and
| ||||||
5 | (vii) structures open to the public which have a | ||||||
6 | capacity for 50 or more persons.
| ||||||
7 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
8 | Section 270. The Firearm Dealer License Certification Act | ||||||
9 | is amended by changing Section 5-20 as follows: | ||||||
10 | (430 ILCS 68/5-20)
| ||||||
11 | Sec. 5-20. Additional licensee requirements. | ||||||
12 | (a) A certified licensee shall make a photo copy of a | ||||||
13 | buyer's or transferee's valid photo identification card | ||||||
14 | whenever a firearm sale transaction takes place. The photo | ||||||
15 | copy shall be attached to the documentation detailing the | ||||||
16 | record of sale. | ||||||
17 | (b) A certified licensee shall post in a conspicuous | ||||||
18 | position on the premises where the licensee conducts business | ||||||
19 | a sign that contains the following warning in block letters | ||||||
20 | not less than one inch in height: | ||||||
21 | "With few exceptions enumerated in the Firearm Owners | ||||||
22 | Identification Card Act, it is unlawful for you to: | ||||||
23 | (A) store or leave an unsecured firearm in a place | ||||||
24 | where a child can obtain access to it;
|
| |||||||
| |||||||
1 | (B) sell or transfer your firearm to someone else | ||||||
2 | without receiving approval for the transfer from the | ||||||
3 | Illinois State Police, or | ||||||
4 | (C) fail to report the loss or theft of your | ||||||
5 | firearm to local law enforcement within 72 hours.". | ||||||
6 | This sign shall be created by the Illinois State Police and | ||||||
7 | made available for printing or downloading from the Illinois | ||||||
8 | State Police's website. | ||||||
9 | (c) No retail location established after the effective | ||||||
10 | date of this Act shall be located within 500 feet of any | ||||||
11 | school, pre-school, or child day care facility in existence at | ||||||
12 | its location before the retail location is established as | ||||||
13 | measured from the nearest corner of the building holding the | ||||||
14 | retail location to the corner of the school, pre-school, or | ||||||
15 | child day care facility building nearest the retail location | ||||||
16 | at the time the retail location seeks licensure.
| ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
18 | Section 275. The Illinois Vehicle Code is amended by | ||||||
19 | changing Sections 6-205, 6-206, and 12-707.01 as follows:
| ||||||
20 | (625 ILCS 5/6-205)
| ||||||
21 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
22 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
23 | hardship cases.
| ||||||
24 | (a) Except as provided in this Section, the Secretary of |
| |||||||
| |||||||
1 | State shall
immediately revoke the license, permit, or driving | ||||||
2 | privileges of
any driver upon receiving a
report of the | ||||||
3 | driver's conviction of any of the following offenses:
| ||||||
4 | 1. Reckless homicide resulting from the operation of a | ||||||
5 | motor vehicle;
| ||||||
6 | 2. Violation of Section 11-501 of this Code or a | ||||||
7 | similar provision of
a local ordinance relating to the | ||||||
8 | offense of operating or being in physical
control of a | ||||||
9 | vehicle while under the influence of alcohol, other drug | ||||||
10 | or
drugs, intoxicating compound or compounds, or any | ||||||
11 | combination thereof;
| ||||||
12 | 3. Any felony under the laws of any State or the | ||||||
13 | federal government
in the commission of which a motor | ||||||
14 | vehicle was used;
| ||||||
15 | 4. Violation of Section 11-401 of this Code relating | ||||||
16 | to the offense of
leaving the scene of a traffic accident | ||||||
17 | involving death or personal injury;
| ||||||
18 | 5. Perjury or the making of a false affidavit or | ||||||
19 | statement under
oath to the Secretary of State under this | ||||||
20 | Code or under any
other law relating to the ownership or | ||||||
21 | operation of motor vehicles;
| ||||||
22 | 6. Conviction upon 3 charges of violation of Section | ||||||
23 | 11-503 of this
Code relating to the offense of reckless | ||||||
24 | driving committed within a
period of 12 months;
| ||||||
25 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
26 | of this Code if the person exercised actual physical |
| |||||||
| |||||||
1 | control over the vehicle during the commission of the | ||||||
2 | offense;
| ||||||
3 | 8. Violation of Section 11-504 of this Code relating | ||||||
4 | to the offense
of drag racing;
| ||||||
5 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
6 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
8 | motor vehicle;
| ||||||
9 | 11. Violation of Section 11-204.1 of this Code | ||||||
10 | relating to aggravated
fleeing or attempting to elude a | ||||||
11 | peace officer;
| ||||||
12 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
13 | Section 6-507,
or a similar law of any other state, | ||||||
14 | relating to the
unlawful operation of a commercial motor | ||||||
15 | vehicle;
| ||||||
16 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
17 | this Code or a
similar provision of a local ordinance if | ||||||
18 | the driver has been previously
convicted of a violation of | ||||||
19 | that Section or a similar provision of a local
ordinance | ||||||
20 | and the driver was less than 21 years of age at the time of | ||||||
21 | the
offense;
| ||||||
22 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
23 | this Code or a similar provision of a local ordinance | ||||||
24 | relating to the offense of street racing;
| ||||||
25 | 15. A second or subsequent conviction of driving while | ||||||
26 | the person's driver's license, permit or privileges was |
| |||||||
| |||||||
1 | revoked for reckless homicide or a similar out-of-state | ||||||
2 | offense; | ||||||
3 | 16. Any offense against any provision in this Code, or | ||||||
4 | any local ordinance, regulating the
movement of traffic | ||||||
5 | when that offense was the proximate cause of the death of | ||||||
6 | any person. Any person whose driving privileges have been | ||||||
7 | revoked pursuant to this paragraph may seek to have the | ||||||
8 | revocation terminated or to have the length of revocation | ||||||
9 | reduced by requesting an administrative hearing with the | ||||||
10 | Secretary of State prior to the projected driver's license | ||||||
11 | application eligibility date; | ||||||
12 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
13 | of this Code or a similar provision of a local ordinance; | ||||||
14 | 18. A second or subsequent conviction of illegal | ||||||
15 | possession, while operating or in actual physical control, | ||||||
16 | as a driver, of a motor vehicle, of any controlled | ||||||
17 | substance prohibited under the Illinois Controlled | ||||||
18 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
19 | Control Act, or any methamphetamine prohibited under the | ||||||
20 | Methamphetamine Control and Community Protection Act. A | ||||||
21 | defendant found guilty of this offense while operating a | ||||||
22 | motor vehicle
shall have an entry made in the court record | ||||||
23 | by the presiding judge that
this offense did occur while | ||||||
24 | the defendant was operating a motor vehicle
and order the | ||||||
25 | clerk of the court to report the violation to the | ||||||
26 | Secretary
of State; |
| |||||||
| |||||||
1 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
2 | this Code, or a similar provision of a local ordinance, | ||||||
3 | relating to the offense of overtaking or passing of a | ||||||
4 | school bus when the driver, in committing the violation, | ||||||
5 | is involved in a motor vehicle accident that results in | ||||||
6 | death to another and the violation is a proximate cause of | ||||||
7 | the death. | ||||||
8 | (b) The Secretary of State shall also immediately revoke | ||||||
9 | the license
or permit of any driver in the following | ||||||
10 | situations:
| ||||||
11 | 1. Of any minor upon receiving the notice provided for | ||||||
12 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
13 | minor has been
adjudicated under that Act as having | ||||||
14 | committed an offense relating to
motor vehicles prescribed | ||||||
15 | in Section 4-103 of this Code;
| ||||||
16 | 2. Of any person when any other law of this State | ||||||
17 | requires either the
revocation or suspension of a license | ||||||
18 | or permit;
| ||||||
19 | 3. Of any person adjudicated under the Juvenile Court | ||||||
20 | Act of 1987 based on an offense determined to have been | ||||||
21 | committed in furtherance of the criminal activities of an | ||||||
22 | organized gang as provided in Section 5-710 of that Act, | ||||||
23 | and that involved the operation or use of a motor vehicle | ||||||
24 | or the use of a driver's license or permit. The revocation | ||||||
25 | shall remain in effect for the period determined by the | ||||||
26 | court. |
| |||||||
| |||||||
1 | (c)(1) Whenever a person is convicted of any of the | ||||||
2 | offenses enumerated in
this Section, the court may recommend | ||||||
3 | and the Secretary of State in his
discretion, without regard | ||||||
4 | to whether the recommendation is made by the
court may, upon | ||||||
5 | application,
issue to the person a
restricted driving permit | ||||||
6 | granting the privilege of driving a motor
vehicle between the | ||||||
7 | petitioner's residence and petitioner's place
of employment or | ||||||
8 | within the scope of the petitioner's employment related
| ||||||
9 | duties, or to allow the petitioner to transport himself or | ||||||
10 | herself or a family member
of the petitioner's household to a | ||||||
11 | medical facility for the receipt of necessary medical care or | ||||||
12 | to allow the
petitioner to transport himself or herself to and | ||||||
13 | from alcohol or drug remedial or rehabilitative activity | ||||||
14 | recommended by a licensed service provider, or to allow the
| ||||||
15 | petitioner to transport himself or herself or a family member | ||||||
16 | of the petitioner's household to classes, as a student, at an | ||||||
17 | accredited educational
institution, or to allow the petitioner | ||||||
18 | to transport children, elderly persons, or persons with | ||||||
19 | disabilities who do not hold driving privileges and are living | ||||||
20 | in the petitioner's household to and from child care daycare ; | ||||||
21 | if the petitioner is able to demonstrate that no alternative | ||||||
22 | means
of transportation is reasonably available and that the | ||||||
23 | petitioner will not endanger
the public safety or welfare; | ||||||
24 | provided that the Secretary's discretion shall be
limited to | ||||||
25 | cases where undue hardship, as defined by the rules of the | ||||||
26 | Secretary of State, would result from a failure to issue the
|
| |||||||
| |||||||
1 | restricted driving permit.
| ||||||
2 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
3 | subsection (b) of Section 6-208 of this Code may make | ||||||
4 | application for a restricted driving permit at a hearing | ||||||
5 | conducted under Section 2-118 of this Code after the | ||||||
6 | expiration of 5 years from the effective date of the most | ||||||
7 | recent revocation, or after 5 years from the date of release | ||||||
8 | from a period of imprisonment resulting from a conviction of | ||||||
9 | the most recent offense, whichever is later, provided the | ||||||
10 | person, in addition to all other requirements of the | ||||||
11 | Secretary, shows by clear and convincing evidence: | ||||||
12 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
13 | from alcohol and the unlawful use or consumption of | ||||||
14 | cannabis under the Cannabis Control Act, a controlled | ||||||
15 | substance under the Illinois Controlled Substances Act, an | ||||||
16 | intoxicating compound under the Use of Intoxicating | ||||||
17 | Compounds Act, or methamphetamine under the | ||||||
18 | Methamphetamine Control and Community Protection Act; and | ||||||
19 | (B) the successful completion of any rehabilitative | ||||||
20 | treatment and involvement in any ongoing rehabilitative | ||||||
21 | activity that may be recommended by a properly licensed | ||||||
22 | service provider according to an assessment of the | ||||||
23 | person's alcohol or drug use under Section 11-501.01 of | ||||||
24 | this Code. | ||||||
25 | In determining whether an applicant is eligible for a | ||||||
26 | restricted driving permit under this paragraph (1.5), the |
| |||||||
| |||||||
1 | Secretary may consider any relevant evidence, including, but | ||||||
2 | not limited to, testimony, affidavits, records, and the | ||||||
3 | results of regular alcohol or drug tests. Persons subject to | ||||||
4 | the provisions of paragraph 4 of subsection (b) of Section | ||||||
5 | 6-208 of this Code and who have been convicted of more than one | ||||||
6 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
7 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
8 | eligible to apply for a restricted driving permit. | ||||||
9 | A restricted driving permit issued under this paragraph | ||||||
10 | (1.5) shall provide that the holder may only operate motor | ||||||
11 | vehicles equipped with an ignition interlock device as | ||||||
12 | required under paragraph (2) of subsection (c) of this Section | ||||||
13 | and subparagraph (A) of paragraph 3 of subsection (c) of | ||||||
14 | Section 6-206 of this Code. The Secretary may revoke a | ||||||
15 | restricted driving permit or amend the conditions of a | ||||||
16 | restricted driving permit issued under this paragraph (1.5) if | ||||||
17 | the holder operates a vehicle that is not equipped with an | ||||||
18 | ignition interlock device, or for any other reason authorized | ||||||
19 | under this Code. | ||||||
20 | A restricted driving permit issued under this paragraph | ||||||
21 | (1.5) shall be revoked, and the holder barred from applying | ||||||
22 | for or being issued a restricted driving permit in the future, | ||||||
23 | if the holder is subsequently convicted of a violation of | ||||||
24 | Section 11-501 of this Code, a similar provision of a local | ||||||
25 | ordinance, or a similar offense in another state. | ||||||
26 | (2) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended due to 2 or
more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
3 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
5 | use of alcohol or other drugs is recited as an element of the | ||||||
6 | offense, or a similar out-of-state offense, or a combination | ||||||
7 | of these offenses, arising out
of separate occurrences, that | ||||||
8 | person, if issued a restricted driving permit,
may not operate | ||||||
9 | a vehicle unless it has been equipped with an ignition
| ||||||
10 | interlock device as defined in Section 1-129.1.
| ||||||
11 | (3) If:
| ||||||
12 | (A) a person's license or permit is revoked or | ||||||
13 | suspended 2 or more
times due to any combination of: | ||||||
14 | (i)
a single conviction of violating Section
| ||||||
15 | 11-501 of this Code or a similar provision of a local | ||||||
16 | ordinance or a similar
out-of-state offense, or | ||||||
17 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, where the use of alcohol or | ||||||
19 | other drugs is recited as an element of the offense, or | ||||||
20 | a similar out-of-state offense; or | ||||||
21 | (ii)
a statutory summary suspension or revocation | ||||||
22 | under Section
11-501.1; or | ||||||
23 | (iii)
a suspension pursuant to Section 6-203.1;
| ||||||
24 | arising out of
separate occurrences; or | ||||||
25 | (B)
a person has been convicted of one violation of | ||||||
26 | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| |||||||
| |||||||
1 | of Section 11-501 of this Code, Section 9-3 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | relating to the offense of reckless homicide where the use | ||||||
4 | of alcohol or other drugs was recited as an element of the | ||||||
5 | offense, or a similar provision of a law of another state;
| ||||||
6 | that person, if issued a restricted
driving permit, may not | ||||||
7 | operate a vehicle unless it has been equipped with an
ignition | ||||||
8 | interlock device as defined in Section 1-129.1. | ||||||
9 | (4)
The person issued a permit conditioned on the use of an | ||||||
10 | ignition interlock device must pay to the Secretary of State | ||||||
11 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
12 | The Secretary shall establish by rule the amount
and the | ||||||
13 | procedures, terms, and conditions relating to these fees. | ||||||
14 | (5)
If the restricted driving permit is issued for | ||||||
15 | employment purposes, then
the prohibition against operating a | ||||||
16 | motor vehicle that is not equipped with an ignition interlock | ||||||
17 | device does not apply to the operation of an occupational | ||||||
18 | vehicle
owned or leased by that person's employer when used | ||||||
19 | solely for employment purposes. For any person who, within a | ||||||
20 | 5-year period, is convicted of a second or subsequent offense | ||||||
21 | under Section 11-501 of this Code, or a similar provision of a | ||||||
22 | local ordinance or similar out-of-state offense, this | ||||||
23 | employment exemption does not apply until either a one-year | ||||||
24 | period has elapsed during which that person had his or her | ||||||
25 | driving privileges revoked or a one-year period has elapsed | ||||||
26 | during which that person had a restricted driving permit which |
| |||||||
| |||||||
1 | required the use of an ignition interlock device on every | ||||||
2 | motor vehicle owned or operated by that person. | ||||||
3 | (6)
In each case the Secretary of State may issue a
| ||||||
4 | restricted driving permit for a period he deems appropriate, | ||||||
5 | except that the
permit shall expire no later than 2 years from | ||||||
6 | the date of issuance. A restricted
driving permit issued under | ||||||
7 | this Section shall be
subject to cancellation, revocation, and | ||||||
8 | suspension by the Secretary of
State in like manner and for | ||||||
9 | like cause as a driver's license issued
under this Code may be | ||||||
10 | cancelled, revoked, or
suspended; except that a conviction | ||||||
11 | upon one or more offenses against laws or
ordinances | ||||||
12 | regulating the movement of traffic shall be deemed sufficient | ||||||
13 | cause
for the revocation, suspension, or cancellation of a | ||||||
14 | restricted driving permit.
The Secretary of State may, as a | ||||||
15 | condition to the issuance of a restricted
driving permit, | ||||||
16 | require the petitioner to participate in a designated driver
| ||||||
17 | remedial or rehabilitative program. The Secretary of State is | ||||||
18 | authorized to
cancel a restricted driving permit if the permit | ||||||
19 | holder does not successfully
complete the program. However, if | ||||||
20 | an individual's driving privileges have been
revoked in | ||||||
21 | accordance with paragraph 13 of subsection (a) of this | ||||||
22 | Section, no
restricted driving permit shall be issued until | ||||||
23 | the individual has served 6
months of the revocation period.
| ||||||
24 | (c-5) (Blank).
| ||||||
25 | (c-6) If a person is convicted of a second violation of | ||||||
26 | operating a motor vehicle while the person's driver's license, |
| |||||||
| |||||||
1 | permit or privilege was revoked, where the revocation was for | ||||||
2 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 relating to the offense of reckless | ||||||
4 | homicide or a similar out-of-state offense, the person's | ||||||
5 | driving privileges shall be revoked pursuant to subdivision | ||||||
6 | (a)(15) of this Section. The person may not make application | ||||||
7 | for a license or permit until the expiration of five years from | ||||||
8 | the effective date of the revocation or the expiration of five | ||||||
9 | years from the date of release from a term of imprisonment, | ||||||
10 | whichever is later. | ||||||
11 | (c-7) If a person is convicted of a third or subsequent | ||||||
12 | violation of operating a motor vehicle while the person's | ||||||
13 | driver's license, permit or privilege was revoked, where the | ||||||
14 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
16 | offense of reckless homicide or a similar out-of-state | ||||||
17 | offense, the person may never apply for a license or permit. | ||||||
18 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
19 | under Section
11-501 of this Code or a similar provision of a | ||||||
20 | local ordinance or a similar out-of-state offense, the
| ||||||
21 | Secretary of State shall revoke the driving privileges of that | ||||||
22 | person. One
year after the date of revocation, and upon | ||||||
23 | application, the Secretary of
State may, if satisfied that the | ||||||
24 | person applying will not endanger the
public safety or | ||||||
25 | welfare, issue a restricted driving permit granting the
| ||||||
26 | privilege of driving a motor vehicle only between the hours of |
| |||||||
| |||||||
1 | 5 a.m. and 9
p.m. or as otherwise provided by this Section for | ||||||
2 | a period of one year.
After this one-year period, and upon | ||||||
3 | reapplication for a license as
provided in Section 6-106, upon | ||||||
4 | payment of the appropriate reinstatement
fee provided under | ||||||
5 | paragraph (b) of Section 6-118, the Secretary of State,
in his | ||||||
6 | discretion, may
reinstate the petitioner's driver's license | ||||||
7 | and driving privileges, or extend the restricted driving | ||||||
8 | permit as many times as the
Secretary of State deems | ||||||
9 | appropriate, by additional periods of not more than
24 months | ||||||
10 | each.
| ||||||
11 | (2) If a person's license or permit is revoked or | ||||||
12 | suspended due to 2 or
more convictions of violating Section | ||||||
13 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
14 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
16 | use of alcohol or other drugs is recited as an element of the | ||||||
17 | offense, or a similar out-of-state offense, or a combination | ||||||
18 | of these offenses, arising out
of separate occurrences, that | ||||||
19 | person, if issued a restricted driving permit,
may not operate | ||||||
20 | a vehicle unless it has been equipped with an ignition
| ||||||
21 | interlock device as defined in Section 1-129.1.
| ||||||
22 | (3) If a person's license or permit is revoked or | ||||||
23 | suspended 2 or more times
due to any combination of: | ||||||
24 | (A) a single conviction of violating Section 11-501
of | ||||||
25 | this
Code or a similar provision of a local ordinance or a | ||||||
26 | similar out-of-state
offense, or Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012, where | ||||||
2 | the use of alcohol or other drugs is recited as an element | ||||||
3 | of the offense, or a similar out-of-state offense; or | ||||||
4 | (B)
a statutory summary suspension or revocation under | ||||||
5 | Section 11-501.1; or | ||||||
6 | (C) a suspension pursuant to Section 6-203.1; | ||||||
7 | arising out of separate occurrences, that person, if issued a
| ||||||
8 | restricted
driving permit, may not operate a vehicle unless it | ||||||
9 | has been equipped with an
ignition interlock device as defined | ||||||
10 | in Section 1-129.1. | ||||||
11 | (3.5) If a person's license or permit is revoked or | ||||||
12 | suspended due to a conviction for a violation of subparagraph | ||||||
13 | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 | ||||||
14 | of this Code, or a similar provision of a local ordinance or | ||||||
15 | similar out-of-state offense, that person, if issued a | ||||||
16 | restricted driving permit, may not operate a vehicle unless it | ||||||
17 | has been equipped with an ignition interlock device as defined | ||||||
18 | in Section 1-129.1. | ||||||
19 | (4)
The person issued a permit conditioned upon the use of | ||||||
20 | an interlock device must pay to the Secretary of State DUI | ||||||
21 | Administration Fund an amount
not to exceed $30 per month. The | ||||||
22 | Secretary shall establish by rule the amount
and the | ||||||
23 | procedures, terms, and conditions relating to these fees. | ||||||
24 | (5)
If the restricted driving permit is issued for | ||||||
25 | employment purposes, then
the prohibition against driving a | ||||||
26 | vehicle that is not equipped with an ignition interlock device |
| |||||||
| |||||||
1 | does not apply to the operation of an occupational vehicle
| ||||||
2 | owned or leased by that person's employer when used solely for | ||||||
3 | employment purposes. For any person who, within a 5-year | ||||||
4 | period, is convicted of a second or subsequent offense under | ||||||
5 | Section 11-501 of this Code, or a similar provision of a local | ||||||
6 | ordinance or similar out-of-state offense, this employment | ||||||
7 | exemption does not apply until either a one-year period has | ||||||
8 | elapsed during which that person had his or her driving | ||||||
9 | privileges revoked or a one-year period has elapsed during | ||||||
10 | which that person had a restricted driving permit which | ||||||
11 | required the use of an ignition interlock device on every | ||||||
12 | motor vehicle owned or operated by that person. | ||||||
13 | (6) A
restricted driving permit issued under this Section | ||||||
14 | shall be subject to
cancellation, revocation, and suspension | ||||||
15 | by the Secretary of State in like
manner and for like cause as | ||||||
16 | a driver's license issued under this Code may be
cancelled, | ||||||
17 | revoked, or suspended; except that a conviction upon one or | ||||||
18 | more
offenses against laws or ordinances regulating the | ||||||
19 | movement of traffic
shall be deemed sufficient cause for the | ||||||
20 | revocation, suspension, or
cancellation of a restricted | ||||||
21 | driving permit.
| ||||||
22 | (d-5) The revocation of the license, permit, or driving | ||||||
23 | privileges of a person convicted of a third or subsequent | ||||||
24 | violation of Section 6-303 of this Code committed while his or | ||||||
25 | her driver's license, permit, or privilege was revoked because | ||||||
26 | of a violation of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
2 | homicide, or a similar provision of a law of another state, is | ||||||
3 | permanent. The Secretary may not, at any time, issue a license | ||||||
4 | or permit to that person.
| ||||||
5 | (e) This Section is subject to the provisions of the | ||||||
6 | Driver License
Compact.
| ||||||
7 | (f) Any revocation imposed upon any person under | ||||||
8 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
9 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
10 | period of time.
| ||||||
11 | (g) The Secretary of State shall not issue a restricted | ||||||
12 | driving permit to
a person under the age of 16 years whose | ||||||
13 | driving privileges have been revoked
under any provisions of | ||||||
14 | this Code.
| ||||||
15 | (h) The Secretary of State shall require the use of | ||||||
16 | ignition interlock
devices for a period not less than 5 years | ||||||
17 | on all vehicles owned by a person who has been convicted of a
| ||||||
18 | second or subsequent offense under Section 11-501 of this Code | ||||||
19 | or a similar
provision of a local ordinance. The person must | ||||||
20 | pay to the Secretary of State DUI Administration Fund an | ||||||
21 | amount not to exceed $30 for each month that he or she uses the | ||||||
22 | device. The Secretary shall establish by rule and
regulation | ||||||
23 | the procedures for certification and use of the interlock
| ||||||
24 | system, the amount of the fee, and the procedures, terms, and | ||||||
25 | conditions relating to these fees. During the time period in | ||||||
26 | which a person is required to install an ignition interlock |
| |||||||
| |||||||
1 | device under this subsection (h), that person shall only | ||||||
2 | operate vehicles in which ignition interlock devices have been | ||||||
3 | installed, except as allowed by subdivision (c)(5) or (d)(5) | ||||||
4 | of this Section. Regardless of whether an exemption under | ||||||
5 | subdivision (c) (5) or (d) (5) applies, every person subject | ||||||
6 | to this subsection shall not be eligible for reinstatement | ||||||
7 | until the person installs an ignition interlock device and | ||||||
8 | maintains the ignition interlock device for 5 years.
| ||||||
9 | (i) (Blank).
| ||||||
10 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
11 | State may not issue a restricted driving permit for the | ||||||
12 | operation of a commercial motor vehicle to a person holding a | ||||||
13 | CDL whose driving privileges have been revoked, suspended, | ||||||
14 | cancelled, or disqualified under any provisions of this Code.
| ||||||
15 | (k) The Secretary of State shall notify by mail any person | ||||||
16 | whose driving privileges have been revoked under paragraph 16 | ||||||
17 | of subsection (a) of this Section that his or her driving | ||||||
18 | privileges and driver's license will be revoked 90 days from | ||||||
19 | the date of the mailing of the notice. | ||||||
20 | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.) | ||||||
21 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
22 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
23 | hardship cases.
| ||||||
24 | (a) Except as provided in this Section, the Secretary of | ||||||
25 | State shall
immediately revoke the license, permit, or driving |
| |||||||
| |||||||
1 | privileges of
any driver upon receiving a
report of the | ||||||
2 | driver's conviction of any of the following offenses:
| ||||||
3 | 1. Reckless homicide resulting from the operation of a | ||||||
4 | motor vehicle;
| ||||||
5 | 2. Violation of Section 11-501 of this Code or a | ||||||
6 | similar provision of
a local ordinance relating to the | ||||||
7 | offense of operating or being in physical
control of a | ||||||
8 | vehicle while under the influence of alcohol, other drug | ||||||
9 | or
drugs, intoxicating compound or compounds, or any | ||||||
10 | combination thereof;
| ||||||
11 | 3. Any felony under the laws of any State or the | ||||||
12 | federal government
in the commission of which a motor | ||||||
13 | vehicle was used;
| ||||||
14 | 4. Violation of Section 11-401 of this Code relating | ||||||
15 | to the offense of
leaving the scene of a traffic crash | ||||||
16 | involving death or personal injury;
| ||||||
17 | 5. Perjury or the making of a false affidavit or | ||||||
18 | statement under
oath to the Secretary of State under this | ||||||
19 | Code or under any
other law relating to the ownership or | ||||||
20 | operation of motor vehicles;
| ||||||
21 | 6. Conviction upon 3 charges of violation of Section | ||||||
22 | 11-503 of this
Code relating to the offense of reckless | ||||||
23 | driving committed within a
period of 12 months;
| ||||||
24 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
25 | of this Code if the person exercised actual physical | ||||||
26 | control over the vehicle during the commission of the |
| |||||||
| |||||||
1 | offense;
| ||||||
2 | 8. Violation of Section 11-504 of this Code relating | ||||||
3 | to the offense
of drag racing;
| ||||||
4 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
5 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
6 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
7 | motor vehicle;
| ||||||
8 | 11. Violation of Section 11-204.1 of this Code | ||||||
9 | relating to aggravated
fleeing or attempting to elude a | ||||||
10 | peace officer;
| ||||||
11 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
12 | Section 6-507,
or a similar law of any other state, | ||||||
13 | relating to the
unlawful operation of a commercial motor | ||||||
14 | vehicle;
| ||||||
15 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
16 | this Code or a
similar provision of a local ordinance if | ||||||
17 | the driver has been previously
convicted of a violation of | ||||||
18 | that Section or a similar provision of a local
ordinance | ||||||
19 | and the driver was less than 21 years of age at the time of | ||||||
20 | the
offense;
| ||||||
21 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
22 | this Code or a similar provision of a local ordinance | ||||||
23 | relating to the offense of street racing;
| ||||||
24 | 15. A second or subsequent conviction of driving while | ||||||
25 | the person's driver's license, permit or privileges was | ||||||
26 | revoked for reckless homicide or a similar out-of-state |
| |||||||
| |||||||
1 | offense; | ||||||
2 | 16. Any offense against any provision in this Code, or | ||||||
3 | any local ordinance, regulating the
movement of traffic | ||||||
4 | when that offense was the proximate cause of the death of | ||||||
5 | any person. Any person whose driving privileges have been | ||||||
6 | revoked pursuant to this paragraph may seek to have the | ||||||
7 | revocation terminated or to have the length of revocation | ||||||
8 | reduced by requesting an administrative hearing with the | ||||||
9 | Secretary of State prior to the projected driver's license | ||||||
10 | application eligibility date; | ||||||
11 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
12 | of this Code or a similar provision of a local ordinance; | ||||||
13 | 18. A second or subsequent conviction of illegal | ||||||
14 | possession, while operating or in actual physical control, | ||||||
15 | as a driver, of a motor vehicle, of any controlled | ||||||
16 | substance prohibited under the Illinois Controlled | ||||||
17 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
18 | Control Act, or any methamphetamine prohibited under the | ||||||
19 | Methamphetamine Control and Community Protection Act. A | ||||||
20 | defendant found guilty of this offense while operating a | ||||||
21 | motor vehicle
shall have an entry made in the court record | ||||||
22 | by the presiding judge that
this offense did occur while | ||||||
23 | the defendant was operating a motor vehicle
and order the | ||||||
24 | clerk of the court to report the violation to the | ||||||
25 | Secretary
of State; | ||||||
26 | 19. Violation of subsection (a) of Section 11-1414 of |
| |||||||
| |||||||
1 | this Code, or a similar provision of a local ordinance, | ||||||
2 | relating to the offense of overtaking or passing of a | ||||||
3 | school bus when the driver, in committing the violation, | ||||||
4 | is involved in a motor vehicle crash that results in death | ||||||
5 | to another and the violation is a proximate cause of the | ||||||
6 | death. | ||||||
7 | (b) The Secretary of State shall also immediately revoke | ||||||
8 | the license
or permit of any driver in the following | ||||||
9 | situations:
| ||||||
10 | 1. Of any minor upon receiving the notice provided for | ||||||
11 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
12 | minor has been
adjudicated under that Act as having | ||||||
13 | committed an offense relating to
motor vehicles prescribed | ||||||
14 | in Section 4-103 of this Code;
| ||||||
15 | 2. Of any person when any other law of this State | ||||||
16 | requires either the
revocation or suspension of a license | ||||||
17 | or permit;
| ||||||
18 | 3. Of any person adjudicated under the Juvenile Court | ||||||
19 | Act of 1987 based on an offense determined to have been | ||||||
20 | committed in furtherance of the criminal activities of an | ||||||
21 | organized gang as provided in Section 5-710 of that Act, | ||||||
22 | and that involved the operation or use of a motor vehicle | ||||||
23 | or the use of a driver's license or permit. The revocation | ||||||
24 | shall remain in effect for the period determined by the | ||||||
25 | court. | ||||||
26 | (c)(1) Whenever a person is convicted of any of the |
| |||||||
| |||||||
1 | offenses enumerated in
this Section, the court may recommend | ||||||
2 | and the Secretary of State in his
discretion, without regard | ||||||
3 | to whether the recommendation is made by the
court may, upon | ||||||
4 | application,
issue to the person a
restricted driving permit | ||||||
5 | granting the privilege of driving a motor
vehicle between the | ||||||
6 | petitioner's residence and petitioner's place
of employment or | ||||||
7 | within the scope of the petitioner's employment related
| ||||||
8 | duties, or to allow the petitioner to transport himself or | ||||||
9 | herself or a family member
of the petitioner's household to a | ||||||
10 | medical facility for the receipt of necessary medical care or | ||||||
11 | to allow the
petitioner to transport himself or herself to and | ||||||
12 | from alcohol or drug remedial or rehabilitative activity | ||||||
13 | recommended by a licensed service provider, or to allow the
| ||||||
14 | petitioner to transport himself or herself or a family member | ||||||
15 | of the petitioner's household to classes, as a student, at an | ||||||
16 | accredited educational
institution, or to allow the petitioner | ||||||
17 | to transport children, elderly persons, or persons with | ||||||
18 | disabilities who do not hold driving privileges and are living | ||||||
19 | in the petitioner's household to and from child care daycare ; | ||||||
20 | if the petitioner is able to demonstrate that no alternative | ||||||
21 | means
of transportation is reasonably available and that the | ||||||
22 | petitioner will not endanger
the public safety or welfare; | ||||||
23 | provided that the Secretary's discretion shall be
limited to | ||||||
24 | cases where undue hardship, as defined by the rules of the | ||||||
25 | Secretary of State, would result from a failure to issue the
| ||||||
26 | restricted driving permit.
|
| |||||||
| |||||||
1 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
2 | subsection (b) of Section 6-208 of this Code may make | ||||||
3 | application for a restricted driving permit at a hearing | ||||||
4 | conducted under Section 2-118 of this Code after the | ||||||
5 | expiration of 5 years from the effective date of the most | ||||||
6 | recent revocation, or after 5 years from the date of release | ||||||
7 | from a period of imprisonment resulting from a conviction of | ||||||
8 | the most recent offense, whichever is later, provided the | ||||||
9 | person, in addition to all other requirements of the | ||||||
10 | Secretary, shows by clear and convincing evidence: | ||||||
11 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
12 | from alcohol and the unlawful use or consumption of | ||||||
13 | cannabis under the Cannabis Control Act, a controlled | ||||||
14 | substance under the Illinois Controlled Substances Act, an | ||||||
15 | intoxicating compound under the Use of Intoxicating | ||||||
16 | Compounds Act, or methamphetamine under the | ||||||
17 | Methamphetamine Control and Community Protection Act; and | ||||||
18 | (B) the successful completion of any rehabilitative | ||||||
19 | treatment and involvement in any ongoing rehabilitative | ||||||
20 | activity that may be recommended by a properly licensed | ||||||
21 | service provider according to an assessment of the | ||||||
22 | person's alcohol or drug use under Section 11-501.01 of | ||||||
23 | this Code. | ||||||
24 | In determining whether an applicant is eligible for a | ||||||
25 | restricted driving permit under this paragraph (1.5), the | ||||||
26 | Secretary may consider any relevant evidence, including, but |
| |||||||
| |||||||
1 | not limited to, testimony, affidavits, records, and the | ||||||
2 | results of regular alcohol or drug tests. Persons subject to | ||||||
3 | the provisions of paragraph 4 of subsection (b) of Section | ||||||
4 | 6-208 of this Code and who have been convicted of more than one | ||||||
5 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
6 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
7 | eligible to apply for a restricted driving permit. | ||||||
8 | A restricted driving permit issued under this paragraph | ||||||
9 | (1.5) shall provide that the holder may only operate motor | ||||||
10 | vehicles equipped with an ignition interlock device as | ||||||
11 | required under paragraph (2) of subsection (c) of this Section | ||||||
12 | and subparagraph (A) of paragraph 3 of subsection (c) of | ||||||
13 | Section 6-206 of this Code. The Secretary may revoke a | ||||||
14 | restricted driving permit or amend the conditions of a | ||||||
15 | restricted driving permit issued under this paragraph (1.5) if | ||||||
16 | the holder operates a vehicle that is not equipped with an | ||||||
17 | ignition interlock device, or for any other reason authorized | ||||||
18 | under this Code. | ||||||
19 | A restricted driving permit issued under this paragraph | ||||||
20 | (1.5) shall be revoked, and the holder barred from applying | ||||||
21 | for or being issued a restricted driving permit in the future, | ||||||
22 | if the holder is subsequently convicted of a violation of | ||||||
23 | Section 11-501 of this Code, a similar provision of a local | ||||||
24 | ordinance, or a similar offense in another state. | ||||||
25 | (2) If a person's license or permit is revoked or | ||||||
26 | suspended due to 2 or
more convictions of violating Section |
| |||||||
| |||||||
1 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
2 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
4 | use of alcohol or other drugs is recited as an element of the | ||||||
5 | offense, or a similar out-of-state offense, or a combination | ||||||
6 | of these offenses, arising out
of separate occurrences, that | ||||||
7 | person, if issued a restricted driving permit,
may not operate | ||||||
8 | a vehicle unless it has been equipped with an ignition
| ||||||
9 | interlock device as defined in Section 1-129.1.
| ||||||
10 | (3) If:
| ||||||
11 | (A) a person's license or permit is revoked or | ||||||
12 | suspended 2 or more
times due to any combination of: | ||||||
13 | (i)
a single conviction of violating Section
| ||||||
14 | 11-501 of this Code or a similar provision of a local | ||||||
15 | ordinance or a similar
out-of-state offense, or | ||||||
16 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, where the use of alcohol or | ||||||
18 | other drugs is recited as an element of the offense, or | ||||||
19 | a similar out-of-state offense; or | ||||||
20 | (ii)
a statutory summary suspension or revocation | ||||||
21 | under Section
11-501.1; or | ||||||
22 | (iii)
a suspension pursuant to Section 6-203.1;
| ||||||
23 | arising out of
separate occurrences; or | ||||||
24 | (B)
a person has been convicted of one violation of | ||||||
25 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
26 | of Section 11-501 of this Code, Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
2 | relating to the offense of reckless homicide where the use | ||||||
3 | of alcohol or other drugs was recited as an element of the | ||||||
4 | offense, or a similar provision of a law of another state;
| ||||||
5 | that person, if issued a restricted
driving permit, may not | ||||||
6 | operate a vehicle unless it has been equipped with an
ignition | ||||||
7 | interlock device as defined in Section 1-129.1. | ||||||
8 | (4)
The person issued a permit conditioned on the use of an | ||||||
9 | ignition interlock device must pay to the Secretary of State | ||||||
10 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
11 | The Secretary shall establish by rule the amount
and the | ||||||
12 | procedures, terms, and conditions relating to these fees. | ||||||
13 | (5)
If the restricted driving permit is issued for | ||||||
14 | employment purposes, then
the prohibition against operating a | ||||||
15 | motor vehicle that is not equipped with an ignition interlock | ||||||
16 | device does not apply to the operation of an occupational | ||||||
17 | vehicle
owned or leased by that person's employer when used | ||||||
18 | solely for employment purposes. For any person who, within a | ||||||
19 | 5-year period, is convicted of a second or subsequent offense | ||||||
20 | under Section 11-501 of this Code, or a similar provision of a | ||||||
21 | local ordinance or similar out-of-state offense, this | ||||||
22 | employment exemption does not apply until either a one-year | ||||||
23 | period has elapsed during which that person had his or her | ||||||
24 | driving privileges revoked or a one-year period has elapsed | ||||||
25 | during which that person had a restricted driving permit which | ||||||
26 | required the use of an ignition interlock device on every |
| |||||||
| |||||||
1 | motor vehicle owned or operated by that person. | ||||||
2 | (6)
In each case the Secretary of State may issue a
| ||||||
3 | restricted driving permit for a period he deems appropriate, | ||||||
4 | except that the
permit shall expire no later than 2 years from | ||||||
5 | the date of issuance. A restricted
driving permit issued under | ||||||
6 | this Section shall be
subject to cancellation, revocation, and | ||||||
7 | suspension by the Secretary of
State in like manner and for | ||||||
8 | like cause as a driver's license issued
under this Code may be | ||||||
9 | cancelled, revoked, or
suspended; except that a conviction | ||||||
10 | upon one or more offenses against laws or
ordinances | ||||||
11 | regulating the movement of traffic shall be deemed sufficient | ||||||
12 | cause
for the revocation, suspension, or cancellation of a | ||||||
13 | restricted driving permit.
The Secretary of State may, as a | ||||||
14 | condition to the issuance of a restricted
driving permit, | ||||||
15 | require the petitioner to participate in a designated driver
| ||||||
16 | remedial or rehabilitative program. The Secretary of State is | ||||||
17 | authorized to
cancel a restricted driving permit if the permit | ||||||
18 | holder does not successfully
complete the program. However, if | ||||||
19 | an individual's driving privileges have been
revoked in | ||||||
20 | accordance with paragraph 13 of subsection (a) of this | ||||||
21 | Section, no
restricted driving permit shall be issued until | ||||||
22 | the individual has served 6
months of the revocation period.
| ||||||
23 | (c-5) (Blank).
| ||||||
24 | (c-6) If a person is convicted of a second violation of | ||||||
25 | operating a motor vehicle while the person's driver's license, | ||||||
26 | permit or privilege was revoked, where the revocation was for |
| |||||||
| |||||||
1 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 relating to the offense of reckless | ||||||
3 | homicide or a similar out-of-state offense, the person's | ||||||
4 | driving privileges shall be revoked pursuant to subdivision | ||||||
5 | (a)(15) of this Section. The person may not make application | ||||||
6 | for a license or permit until the expiration of five years from | ||||||
7 | the effective date of the revocation or the expiration of five | ||||||
8 | years from the date of release from a term of imprisonment, | ||||||
9 | whichever is later. | ||||||
10 | (c-7) If a person is convicted of a third or subsequent | ||||||
11 | violation of operating a motor vehicle while the person's | ||||||
12 | driver's license, permit or privilege was revoked, where the | ||||||
13 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
15 | offense of reckless homicide or a similar out-of-state | ||||||
16 | offense, the person may never apply for a license or permit. | ||||||
17 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
18 | under Section
11-501 of this Code or a similar provision of a | ||||||
19 | local ordinance or a similar out-of-state offense, the
| ||||||
20 | Secretary of State shall revoke the driving privileges of that | ||||||
21 | person. One
year after the date of revocation, and upon | ||||||
22 | application, the Secretary of
State may, if satisfied that the | ||||||
23 | person applying will not endanger the
public safety or | ||||||
24 | welfare, issue a restricted driving permit granting the
| ||||||
25 | privilege of driving a motor vehicle only between the hours of | ||||||
26 | 5 a.m. and 9
p.m. or as otherwise provided by this Section for |
| |||||||
| |||||||
1 | a period of one year.
After this one-year period, and upon | ||||||
2 | reapplication for a license as
provided in Section 6-106, upon | ||||||
3 | payment of the appropriate reinstatement
fee provided under | ||||||
4 | paragraph (b) of Section 6-118, the Secretary of State,
in his | ||||||
5 | discretion, may
reinstate the petitioner's driver's license | ||||||
6 | and driving privileges, or extend the restricted driving | ||||||
7 | permit as many times as the
Secretary of State deems | ||||||
8 | appropriate, by additional periods of not more than
24 months | ||||||
9 | each.
| ||||||
10 | (2) If a person's license or permit is revoked or | ||||||
11 | suspended due to 2 or
more convictions of violating Section | ||||||
12 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
13 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
15 | use of alcohol or other drugs is recited as an element of the | ||||||
16 | offense, or a similar out-of-state offense, or a combination | ||||||
17 | of these offenses, arising out
of separate occurrences, that | ||||||
18 | person, if issued a restricted driving permit,
may not operate | ||||||
19 | a vehicle unless it has been equipped with an ignition
| ||||||
20 | interlock device as defined in Section 1-129.1.
| ||||||
21 | (3) If a person's license or permit is revoked or | ||||||
22 | suspended 2 or more times
due to any combination of: | ||||||
23 | (A) a single conviction of violating Section 11-501
of | ||||||
24 | this
Code or a similar provision of a local ordinance or a | ||||||
25 | similar out-of-state
offense, or Section 9-3 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012, where |
| |||||||
| |||||||
1 | the use of alcohol or other drugs is recited as an element | ||||||
2 | of the offense, or a similar out-of-state offense; or | ||||||
3 | (B)
a statutory summary suspension or revocation under | ||||||
4 | Section 11-501.1; or | ||||||
5 | (C) a suspension pursuant to Section 6-203.1; | ||||||
6 | arising out of separate occurrences, that person, if issued a
| ||||||
7 | restricted
driving permit, may not operate a vehicle unless it | ||||||
8 | has been equipped with an
ignition interlock device as defined | ||||||
9 | in Section 1-129.1. | ||||||
10 | (3.5) If a person's license or permit is revoked or | ||||||
11 | suspended due to a conviction for a violation of subparagraph | ||||||
12 | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 | ||||||
13 | of this Code, or a similar provision of a local ordinance or | ||||||
14 | similar out-of-state offense, that person, if issued a | ||||||
15 | restricted driving permit, may not operate a vehicle unless it | ||||||
16 | has been equipped with an ignition interlock device as defined | ||||||
17 | in Section 1-129.1. | ||||||
18 | (4)
The person issued a permit conditioned upon the use of | ||||||
19 | an interlock device must pay to the Secretary of State DUI | ||||||
20 | Administration Fund an amount
not to exceed $30 per month. The | ||||||
21 | Secretary shall establish by rule the amount
and the | ||||||
22 | procedures, terms, and conditions relating to these fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against driving a | ||||||
25 | vehicle that is not equipped with an ignition interlock device | ||||||
26 | does not apply to the operation of an occupational vehicle
|
| |||||||
| |||||||
1 | owned or leased by that person's employer when used solely for | ||||||
2 | employment purposes. For any person who, within a 5-year | ||||||
3 | period, is convicted of a second or subsequent offense under | ||||||
4 | Section 11-501 of this Code, or a similar provision of a local | ||||||
5 | ordinance or similar out-of-state offense, this employment | ||||||
6 | exemption does not apply until either a one-year period has | ||||||
7 | elapsed during which that person had his or her driving | ||||||
8 | privileges revoked or a one-year period has elapsed during | ||||||
9 | which that person had a restricted driving permit which | ||||||
10 | required the use of an ignition interlock device on every | ||||||
11 | motor vehicle owned or operated by that person. | ||||||
12 | (6) A
restricted driving permit issued under this Section | ||||||
13 | shall be subject to
cancellation, revocation, and suspension | ||||||
14 | by the Secretary of State in like
manner and for like cause as | ||||||
15 | a driver's license issued under this Code may be
cancelled, | ||||||
16 | revoked, or suspended; except that a conviction upon one or | ||||||
17 | more
offenses against laws or ordinances regulating the | ||||||
18 | movement of traffic
shall be deemed sufficient cause for the | ||||||
19 | revocation, suspension, or
cancellation of a restricted | ||||||
20 | driving permit.
| ||||||
21 | (d-5) The revocation of the license, permit, or driving | ||||||
22 | privileges of a person convicted of a third or subsequent | ||||||
23 | violation of Section 6-303 of this Code committed while his or | ||||||
24 | her driver's license, permit, or privilege was revoked because | ||||||
25 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012, relating to the offense of reckless |
| |||||||
| |||||||
1 | homicide, or a similar provision of a law of another state, is | ||||||
2 | permanent. The Secretary may not, at any time, issue a license | ||||||
3 | or permit to that person.
| ||||||
4 | (e) This Section is subject to the provisions of the | ||||||
5 | Driver License
Compact.
| ||||||
6 | (f) Any revocation imposed upon any person under | ||||||
7 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
8 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
9 | period of time.
| ||||||
10 | (g) The Secretary of State shall not issue a restricted | ||||||
11 | driving permit to
a person under the age of 16 years whose | ||||||
12 | driving privileges have been revoked
under any provisions of | ||||||
13 | this Code.
| ||||||
14 | (h) The Secretary of State shall require the use of | ||||||
15 | ignition interlock
devices for a period not less than 5 years | ||||||
16 | on all vehicles owned by a person who has been convicted of a
| ||||||
17 | second or subsequent offense under Section 11-501 of this Code | ||||||
18 | or a similar
provision of a local ordinance. The person must | ||||||
19 | pay to the Secretary of State DUI Administration Fund an | ||||||
20 | amount not to exceed $30 for each month that he or she uses the | ||||||
21 | device. The Secretary shall establish by rule and
regulation | ||||||
22 | the procedures for certification and use of the interlock
| ||||||
23 | system, the amount of the fee, and the procedures, terms, and | ||||||
24 | conditions relating to these fees. During the time period in | ||||||
25 | which a person is required to install an ignition interlock | ||||||
26 | device under this subsection (h), that person shall only |
| |||||||
| |||||||
1 | operate vehicles in which ignition interlock devices have been | ||||||
2 | installed, except as allowed by subdivision (c)(5) or (d)(5) | ||||||
3 | of this Section. Regardless of whether an exemption under | ||||||
4 | subdivision (c) (5) or (d) (5) applies, every person subject | ||||||
5 | to this subsection shall not be eligible for reinstatement | ||||||
6 | until the person installs an ignition interlock device and | ||||||
7 | maintains the ignition interlock device for 5 years.
| ||||||
8 | (i) (Blank).
| ||||||
9 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
10 | State may not issue a restricted driving permit for the | ||||||
11 | operation of a commercial motor vehicle to a person holding a | ||||||
12 | CDL whose driving privileges have been revoked, suspended, | ||||||
13 | cancelled, or disqualified under any provisions of this Code.
| ||||||
14 | (k) The Secretary of State shall notify by mail any person | ||||||
15 | whose driving privileges have been revoked under paragraph 16 | ||||||
16 | of subsection (a) of this Section that his or her driving | ||||||
17 | privileges and driver's license will be revoked 90 days from | ||||||
18 | the date of the mailing of the notice. | ||||||
19 | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; | ||||||
20 | 102-982, eff. 7-1-23.)
| ||||||
21 | (625 ILCS 5/6-206)
| ||||||
22 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
23 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
24 | license or
permit; right to a hearing.
| ||||||
25 | (a) The Secretary of State is authorized to suspend or |
| |||||||
| |||||||
1 | revoke the
driving privileges of any person without | ||||||
2 | preliminary hearing upon a showing
of the person's records or | ||||||
3 | other sufficient evidence that
the person:
| ||||||
4 | 1. Has committed an offense for which mandatory | ||||||
5 | revocation of
a driver's license or permit is required | ||||||
6 | upon conviction;
| ||||||
7 | 2. Has been convicted of not less than 3 offenses | ||||||
8 | against traffic
regulations governing the movement of | ||||||
9 | vehicles committed within any 12-month period. No | ||||||
10 | revocation or suspension shall be entered more than
6 | ||||||
11 | months after the date of last conviction;
| ||||||
12 | 3. Has been repeatedly involved as a driver in motor | ||||||
13 | vehicle
collisions or has been repeatedly convicted of | ||||||
14 | offenses against laws and
ordinances regulating the | ||||||
15 | movement of traffic, to a degree that
indicates lack of | ||||||
16 | ability to exercise ordinary and reasonable care in
the | ||||||
17 | safe operation of a motor vehicle or disrespect for the | ||||||
18 | traffic laws
and the safety of other persons upon the | ||||||
19 | highway;
| ||||||
20 | 4. Has by the unlawful operation of a motor vehicle | ||||||
21 | caused or
contributed to an accident resulting in injury | ||||||
22 | requiring
immediate professional treatment in a medical | ||||||
23 | facility or doctor's office
to any person, except that any | ||||||
24 | suspension or revocation imposed by the
Secretary of State | ||||||
25 | under the provisions of this subsection shall start no
| ||||||
26 | later than 6 months after being convicted of violating a |
| |||||||
| |||||||
1 | law or
ordinance regulating the movement of traffic, which | ||||||
2 | violation is related
to the accident, or shall start not | ||||||
3 | more than one year
after
the date of the accident, | ||||||
4 | whichever date occurs later;
| ||||||
5 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
6 | driver's
license, identification card, or permit;
| ||||||
7 | 6. Has been lawfully convicted of an offense or | ||||||
8 | offenses in another
state, including the authorization | ||||||
9 | contained in Section 6-203.1, which
if committed within | ||||||
10 | this State would be grounds for suspension or revocation;
| ||||||
11 | 7. Has refused or failed to submit to an examination | ||||||
12 | provided for by
Section 6-207 or has failed to pass the | ||||||
13 | examination;
| ||||||
14 | 8. Is ineligible for a driver's license or permit | ||||||
15 | under the provisions
of Section 6-103;
| ||||||
16 | 9. Has made a false statement or knowingly concealed a | ||||||
17 | material fact
or has used false information or | ||||||
18 | identification in any application for a
license, | ||||||
19 | identification card, or permit;
| ||||||
20 | 10. Has possessed, displayed, or attempted to | ||||||
21 | fraudulently use any
license, identification card, or | ||||||
22 | permit not issued to the person;
| ||||||
23 | 11. Has operated a motor vehicle upon a highway of | ||||||
24 | this State when
the person's driving privilege or | ||||||
25 | privilege to obtain a driver's license
or permit was | ||||||
26 | revoked or suspended unless the operation was authorized |
| |||||||
| |||||||
1 | by
a monitoring device driving permit, judicial driving | ||||||
2 | permit issued prior to January 1, 2009, probationary | ||||||
3 | license to drive, or restricted
driving permit issued | ||||||
4 | under this Code;
| ||||||
5 | 12. Has submitted to any portion of the application | ||||||
6 | process for
another person or has obtained the services of | ||||||
7 | another person to submit to
any portion of the application | ||||||
8 | process for the purpose of obtaining a
license, | ||||||
9 | identification card, or permit for some other person;
| ||||||
10 | 13. Has operated a motor vehicle upon a highway of | ||||||
11 | this State when
the person's driver's license or permit | ||||||
12 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
13 | 6-110;
| ||||||
14 | 14. Has committed a violation of Section 6-301, | ||||||
15 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
16 | 14B of the Illinois Identification Card
Act or a similar | ||||||
17 | offense in another state if, at the time of the offense, | ||||||
18 | the person held an Illinois driver's license or | ||||||
19 | identification card;
| ||||||
20 | 15. Has been convicted of violating Section 21-2 of | ||||||
21 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
22 | relating to criminal trespass to vehicles if the person | ||||||
23 | exercised actual physical control over the vehicle during | ||||||
24 | the commission of the offense, in which case the | ||||||
25 | suspension
shall be for one year;
| ||||||
26 | 16. Has been convicted of violating Section 11-204 of |
| |||||||
| |||||||
1 | this Code relating
to fleeing from a peace officer;
| ||||||
2 | 17. Has refused to submit to a test, or tests, as | ||||||
3 | required under Section
11-501.1 of this Code and the | ||||||
4 | person has not sought a hearing as
provided for in Section | ||||||
5 | 11-501.1;
| ||||||
6 | 18. (Blank);
| ||||||
7 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
8 | of Section 6-101
relating to driving without a driver's | ||||||
9 | license;
| ||||||
10 | 20. Has been convicted of violating Section 6-104 | ||||||
11 | relating to
classification of driver's license;
| ||||||
12 | 21. Has been convicted of violating Section 11-402 of
| ||||||
13 | this Code relating to leaving the scene of an accident | ||||||
14 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
15 | which case the suspension shall be
for one year;
| ||||||
16 | 22. Has used a motor vehicle in violating paragraph | ||||||
17 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
19 | relating
to unlawful use of weapons, in which case the | ||||||
20 | suspension shall be for one
year;
| ||||||
21 | 23. Has, as a driver, been convicted of committing a | ||||||
22 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
23 | for a second or subsequent
time within one year of a | ||||||
24 | similar violation;
| ||||||
25 | 24. Has been convicted by a court-martial or punished | ||||||
26 | by non-judicial
punishment by military authorities of the |
| |||||||
| |||||||
1 | United States at a military
installation in Illinois or in | ||||||
2 | another state of or for a traffic-related offense that is | ||||||
3 | the
same as or similar to an offense specified under | ||||||
4 | Section 6-205 or 6-206 of
this Code;
| ||||||
5 | 25. Has permitted any form of identification to be | ||||||
6 | used by another in
the application process in order to | ||||||
7 | obtain or attempt to obtain a license,
identification | ||||||
8 | card, or permit;
| ||||||
9 | 26. Has altered or attempted to alter a license or has | ||||||
10 | possessed an
altered license, identification card, or | ||||||
11 | permit;
| ||||||
12 | 27. (Blank);
| ||||||
13 | 28. Has been convicted for a first time of the illegal | ||||||
14 | possession, while operating or
in actual physical control, | ||||||
15 | as a driver, of a motor vehicle, of any
controlled | ||||||
16 | substance prohibited under the Illinois Controlled | ||||||
17 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
18 | Control
Act, or any methamphetamine prohibited under the | ||||||
19 | Methamphetamine Control and Community Protection Act, in | ||||||
20 | which case the person's driving privileges shall be | ||||||
21 | suspended for
one year.
Any defendant found guilty of this | ||||||
22 | offense while operating a motor vehicle
shall have an | ||||||
23 | entry made in the court record by the presiding judge that
| ||||||
24 | this offense did occur while the defendant was operating a | ||||||
25 | motor vehicle
and order the clerk of the court to report | ||||||
26 | the violation to the Secretary
of State;
|
| |||||||
| |||||||
1 | 29. Has been convicted of the following offenses that | ||||||
2 | were committed
while the person was operating or in actual | ||||||
3 | physical control, as a driver,
of a motor vehicle: | ||||||
4 | criminal sexual assault,
predatory criminal sexual assault | ||||||
5 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
6 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
7 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
8 | juvenile prostitution as described in subdivision (a)(1), | ||||||
9 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
11 | sale or
delivery of controlled substances or instruments | ||||||
12 | used for illegal drug use
or abuse in which case the | ||||||
13 | driver's driving privileges shall be suspended
for one | ||||||
14 | year;
| ||||||
15 | 30. Has been convicted a second or subsequent time for | ||||||
16 | any
combination of the offenses named in paragraph 29 of | ||||||
17 | this subsection,
in which case the person's driving | ||||||
18 | privileges shall be suspended for 5
years;
| ||||||
19 | 31. Has refused to submit to a test as
required by | ||||||
20 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
21 | Registration and Safety Act or has submitted to a test | ||||||
22 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
23 | any amount of a drug, substance, or
compound resulting | ||||||
24 | from the unlawful use or consumption of cannabis as listed
| ||||||
25 | in the Cannabis Control Act, a controlled substance as | ||||||
26 | listed in the Illinois
Controlled Substances Act, an |
| |||||||
| |||||||
1 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
2 | Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, in | ||||||
4 | which case the penalty shall be
as prescribed in Section | ||||||
5 | 6-208.1;
| ||||||
6 | 32. Has been convicted of Section 24-1.2 of the | ||||||
7 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
8 | relating to the aggravated discharge of a firearm if the | ||||||
9 | offender was
located in a motor vehicle at the time the | ||||||
10 | firearm was discharged, in which
case the suspension shall | ||||||
11 | be for 3 years;
| ||||||
12 | 33. Has as a driver, who was less than 21 years of age | ||||||
13 | on the date of
the offense, been convicted a first time of | ||||||
14 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
15 | Code or a similar provision of a local ordinance;
| ||||||
16 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
17 | this Code or a similar provision of a local ordinance;
| ||||||
18 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
19 | this Code or a similar provision of a local ordinance;
| ||||||
20 | 36. Is under the age of 21 years at the time of arrest | ||||||
21 | and has been
convicted of not less than 2 offenses against | ||||||
22 | traffic regulations governing
the movement of vehicles | ||||||
23 | committed within any 24-month period. No revocation
or | ||||||
24 | suspension shall be entered more than 6 months after the | ||||||
25 | date of last
conviction;
| ||||||
26 | 37. Has committed a violation of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-907 of this
Code that resulted in damage to the | ||||||
2 | property of another or the death or injury of another;
| ||||||
3 | 38. Has been convicted of a violation of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance and the person was an occupant of a motor | ||||||
6 | vehicle at the time of the violation;
| ||||||
7 | 39. Has committed a second or subsequent violation of | ||||||
8 | Section
11-1201 of this Code;
| ||||||
9 | 40. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-908 of
this Code; | ||||||
11 | 41. Has committed a second or subsequent violation of | ||||||
12 | Section 11-605.1 of this Code, a similar provision of a | ||||||
13 | local ordinance, or a similar violation in any other state | ||||||
14 | within 2 years of the date of the previous violation, in | ||||||
15 | which case the suspension shall be for 90 days; | ||||||
16 | 42. Has committed a violation of subsection (a-1) of | ||||||
17 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
18 | local ordinance;
| ||||||
19 | 43. Has received a disposition of court supervision | ||||||
20 | for a violation of subsection (a), (d), or (e) of Section | ||||||
21 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
22 | provision of a local ordinance and the person was an | ||||||
23 | occupant of a motor vehicle at the time of the violation, | ||||||
24 | in which case the suspension shall be for a period of 3 | ||||||
25 | months;
| ||||||
26 | 44.
Is under the age of 21 years at the time of arrest |
| |||||||
| |||||||
1 | and has been convicted of an offense against traffic | ||||||
2 | regulations governing the movement of vehicles after | ||||||
3 | having previously had his or her driving privileges
| ||||||
4 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
5 | Section; | ||||||
6 | 45.
Has, in connection with or during the course of a | ||||||
7 | formal hearing conducted under Section 2-118 of this Code: | ||||||
8 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
9 | falsified documents; (iii) submitted documents that have | ||||||
10 | been materially altered; or (iv) submitted, as his or her | ||||||
11 | own, documents that were in fact prepared or composed for | ||||||
12 | another person; | ||||||
13 | 46. Has committed a violation of subsection (j) of | ||||||
14 | Section 3-413 of this Code;
| ||||||
15 | 47. Has committed a violation of subsection (a) of | ||||||
16 | Section 11-502.1 of this Code; | ||||||
17 | 48. Has submitted a falsified or altered medical | ||||||
18 | examiner's certificate to the Secretary of State or | ||||||
19 | provided false information to obtain a medical examiner's | ||||||
20 | certificate; | ||||||
21 | 49. Has been convicted of a violation of Section | ||||||
22 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
23 | another, in which case the driving privileges of the | ||||||
24 | person shall be suspended for 12 months; | ||||||
25 | 50. Has committed a violation of subsection (b-5) of | ||||||
26 | Section 12-610.2 that resulted in great bodily harm, |
| |||||||
| |||||||
1 | permanent disability, or disfigurement, in which case the | ||||||
2 | driving privileges of the person shall be suspended for 12 | ||||||
3 | months; | ||||||
4 | 51. Has committed a violation of Section 10-15 Of the | ||||||
5 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
6 | a local ordinance while in a motor vehicle; or | ||||||
7 | 52. Has committed a violation of subsection (b) of | ||||||
8 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
9 | similar provision of a local ordinance. | ||||||
10 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
11 | and 27 of this
subsection, license means any driver's license, | ||||||
12 | any traffic ticket issued when
the person's driver's license | ||||||
13 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
14 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
15 | a probationary driver's license, or a temporary driver's | ||||||
16 | license. | ||||||
17 | (b) If any conviction forming the basis of a suspension or
| ||||||
18 | revocation authorized under this Section is appealed, the
| ||||||
19 | Secretary of State may rescind or withhold the entry of the | ||||||
20 | order of suspension
or revocation, as the case may be, | ||||||
21 | provided that a certified copy of a stay
order of a court is | ||||||
22 | filed with the Secretary of State. If the conviction is
| ||||||
23 | affirmed on appeal, the date of the conviction shall relate | ||||||
24 | back to the time
the original judgment of conviction was | ||||||
25 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
26 | (c) 1. Upon suspending or revoking the driver's license or |
| |||||||
| |||||||
1 | permit of
any person as authorized in this Section, the | ||||||
2 | Secretary of State shall
immediately notify the person in | ||||||
3 | writing of the revocation or suspension.
The notice to be | ||||||
4 | deposited in the United States mail, postage prepaid,
to the | ||||||
5 | last known address of the person.
| ||||||
6 | 2. If the Secretary of State suspends the driver's license
| ||||||
7 | of a person under subsection 2 of paragraph (a) of this | ||||||
8 | Section, a
person's privilege to operate a vehicle as an | ||||||
9 | occupation shall not be
suspended, provided an affidavit is | ||||||
10 | properly completed, the appropriate fee
received, and a permit | ||||||
11 | issued prior to the effective date of the
suspension, unless 5 | ||||||
12 | offenses were committed, at least 2 of which occurred
while | ||||||
13 | operating a commercial vehicle in connection with the driver's
| ||||||
14 | regular occupation. All other driving privileges shall be | ||||||
15 | suspended by the
Secretary of State. Any driver prior to | ||||||
16 | operating a vehicle for
occupational purposes only must submit | ||||||
17 | the affidavit on forms to be
provided by the Secretary of State | ||||||
18 | setting forth the facts of the person's
occupation. The | ||||||
19 | affidavit shall also state the number of offenses
committed | ||||||
20 | while operating a vehicle in connection with the driver's | ||||||
21 | regular
occupation. The affidavit shall be accompanied by the | ||||||
22 | driver's license.
Upon receipt of a properly completed | ||||||
23 | affidavit, the Secretary of State
shall issue the driver a | ||||||
24 | permit to operate a vehicle in connection with the
driver's | ||||||
25 | regular occupation only. Unless the permit is issued by the
| ||||||
26 | Secretary of State prior to the date of suspension, the |
| |||||||
| |||||||
1 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
2 | forth in the notice that was
mailed under this Section. If an | ||||||
3 | affidavit is received subsequent to the
effective date of this | ||||||
4 | suspension, a permit may be issued for the remainder
of the | ||||||
5 | suspension period.
| ||||||
6 | The provisions of this subparagraph shall not apply to any | ||||||
7 | driver
required to possess a CDL for the purpose of operating a | ||||||
8 | commercial motor vehicle.
| ||||||
9 | Any person who falsely states any fact in the affidavit | ||||||
10 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
11 | and upon conviction
thereof shall have all driving privileges | ||||||
12 | revoked without further rights.
| ||||||
13 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
14 | this Code,
the Secretary of State shall either rescind or | ||||||
15 | continue an order of
revocation or shall substitute an order | ||||||
16 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
17 | continue, change, or extend the
order of suspension. If the | ||||||
18 | Secretary of State does not rescind the order,
the Secretary | ||||||
19 | may upon application,
to relieve undue hardship (as defined by | ||||||
20 | the rules of the Secretary of State), issue
a restricted | ||||||
21 | driving permit granting the privilege of driving a motor
| ||||||
22 | vehicle between the petitioner's residence and petitioner's | ||||||
23 | place of
employment or within the scope of the petitioner's | ||||||
24 | employment-related duties, or to
allow the petitioner to | ||||||
25 | transport himself or herself, or a family member of the
| ||||||
26 | petitioner's household to a medical facility, to receive |
| |||||||
| |||||||
1 | necessary medical care, to allow the petitioner to transport | ||||||
2 | himself or herself to and from alcohol or drug
remedial or | ||||||
3 | rehabilitative activity recommended by a licensed service | ||||||
4 | provider, or to allow the petitioner to transport himself or | ||||||
5 | herself or a family member of the petitioner's household to | ||||||
6 | classes, as a student, at an accredited educational | ||||||
7 | institution, or to allow the petitioner to transport children, | ||||||
8 | elderly persons, or persons with disabilities who do not hold | ||||||
9 | driving privileges and are living in the petitioner's | ||||||
10 | household to and from child care or adult day care daycare . The
| ||||||
11 | petitioner must demonstrate that no alternative means of
| ||||||
12 | transportation is reasonably available and that the petitioner | ||||||
13 | will not endanger
the public safety or welfare.
| ||||||
14 | (A) If a person's license or permit is revoked or | ||||||
15 | suspended due to 2
or more convictions of violating | ||||||
16 | Section 11-501 of this Code or a similar
provision of a | ||||||
17 | local ordinance or a similar out-of-state offense, or | ||||||
18 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, where the use of alcohol or other drugs is | ||||||
20 | recited as an element of the offense, or a similar | ||||||
21 | out-of-state offense, or a combination of these offenses, | ||||||
22 | arising out
of separate occurrences, that person, if | ||||||
23 | issued a restricted driving permit,
may not operate a | ||||||
24 | vehicle unless it has been equipped with an ignition
| ||||||
25 | interlock device as defined in Section 1-129.1.
| ||||||
26 | (B) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended 2 or more
times due to any combination of: | ||||||
2 | (i) a single conviction of violating Section
| ||||||
3 | 11-501 of this Code or a similar provision of a local | ||||||
4 | ordinance or a similar
out-of-state offense or Section | ||||||
5 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
6 | of 2012, where the use of alcohol or other drugs is | ||||||
7 | recited as an element of the offense, or a similar | ||||||
8 | out-of-state offense; or | ||||||
9 | (ii) a statutory summary suspension or revocation | ||||||
10 | under Section
11-501.1; or | ||||||
11 | (iii) a suspension under Section 6-203.1; | ||||||
12 | arising out of
separate occurrences; that person, if | ||||||
13 | issued a restricted driving permit, may
not operate a | ||||||
14 | vehicle unless it has been
equipped with an ignition | ||||||
15 | interlock device as defined in Section 1-129.1. | ||||||
16 | (B-5) If a person's license or permit is revoked or | ||||||
17 | suspended due to a conviction for a violation of | ||||||
18 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
19 | of Section 11-501 of this Code, or a similar provision of a | ||||||
20 | local ordinance or similar out-of-state offense, that | ||||||
21 | person, if issued a restricted driving permit, may not | ||||||
22 | operate a vehicle unless it has been equipped with an | ||||||
23 | ignition interlock device as defined in Section 1-129.1. | ||||||
24 | (C)
The person issued a permit conditioned upon the | ||||||
25 | use of an ignition interlock device must pay to the | ||||||
26 | Secretary of State DUI Administration Fund an amount
not |
| |||||||
| |||||||
1 | to exceed $30 per month. The Secretary shall establish by | ||||||
2 | rule the amount
and the procedures, terms, and conditions | ||||||
3 | relating to these fees. | ||||||
4 | (D) If the
restricted driving permit is issued for | ||||||
5 | employment purposes, then the prohibition against | ||||||
6 | operating a motor vehicle that is not equipped with an | ||||||
7 | ignition interlock device does not apply to the operation | ||||||
8 | of an occupational vehicle owned or
leased by that | ||||||
9 | person's employer when used solely for employment | ||||||
10 | purposes. For any person who, within a 5-year period, is | ||||||
11 | convicted of a second or subsequent offense under Section | ||||||
12 | 11-501 of this Code, or a similar provision of a local | ||||||
13 | ordinance or similar out-of-state offense, this employment | ||||||
14 | exemption does not apply until either a one-year period | ||||||
15 | has elapsed during which that person had his or her | ||||||
16 | driving privileges revoked or a one-year period has | ||||||
17 | elapsed during which that person had a restricted driving | ||||||
18 | permit which required the use of an ignition interlock | ||||||
19 | device on every motor vehicle owned or operated by that | ||||||
20 | person. | ||||||
21 | (E) In each case the Secretary may issue a
restricted | ||||||
22 | driving permit for a period deemed appropriate, except | ||||||
23 | that all
permits shall expire no later than 2 years from | ||||||
24 | the date of issuance. A
restricted driving permit issued | ||||||
25 | under this Section shall be subject to
cancellation, | ||||||
26 | revocation, and suspension by the Secretary of State in |
| |||||||
| |||||||
1 | like
manner and for like cause as a driver's license | ||||||
2 | issued under this Code may be
cancelled, revoked, or | ||||||
3 | suspended; except that a conviction upon one or more
| ||||||
4 | offenses against laws or ordinances regulating the | ||||||
5 | movement of traffic
shall be deemed sufficient cause for | ||||||
6 | the revocation, suspension, or
cancellation of a | ||||||
7 | restricted driving permit. The Secretary of State may, as
| ||||||
8 | a condition to the issuance of a restricted driving | ||||||
9 | permit, require the
applicant to participate in a | ||||||
10 | designated driver remedial or rehabilitative
program. The | ||||||
11 | Secretary of State is authorized to cancel a restricted
| ||||||
12 | driving permit if the permit holder does not successfully | ||||||
13 | complete the program.
| ||||||
14 | (F) A person subject to the provisions of paragraph 4 | ||||||
15 | of subsection (b) of Section 6-208 of this Code may make | ||||||
16 | application for a restricted driving permit at a hearing | ||||||
17 | conducted under Section 2-118 of this Code after the | ||||||
18 | expiration of 5 years from the effective date of the most | ||||||
19 | recent revocation or after 5 years from the date of | ||||||
20 | release from a period of imprisonment resulting from a | ||||||
21 | conviction of the most recent offense, whichever is later, | ||||||
22 | provided the person, in addition to all other requirements | ||||||
23 | of the Secretary, shows by clear and convincing evidence: | ||||||
24 | (i) a minimum of 3 years of uninterrupted | ||||||
25 | abstinence from alcohol and the unlawful use or | ||||||
26 | consumption of cannabis under the Cannabis Control |
| |||||||
| |||||||
1 | Act, a controlled substance under the Illinois | ||||||
2 | Controlled Substances Act, an intoxicating compound | ||||||
3 | under the Use of Intoxicating Compounds Act, or | ||||||
4 | methamphetamine under the Methamphetamine Control and | ||||||
5 | Community Protection Act; and | ||||||
6 | (ii) the successful completion of any | ||||||
7 | rehabilitative treatment and involvement in any | ||||||
8 | ongoing rehabilitative activity that may be | ||||||
9 | recommended by a properly licensed service provider | ||||||
10 | according to an assessment of the person's alcohol or | ||||||
11 | drug use under Section 11-501.01 of this Code. | ||||||
12 | In determining whether an applicant is eligible for a | ||||||
13 | restricted driving permit under this subparagraph (F), the | ||||||
14 | Secretary may consider any relevant evidence, including, | ||||||
15 | but not limited to, testimony, affidavits, records, and | ||||||
16 | the results of regular alcohol or drug tests. Persons | ||||||
17 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
18 | of Section 6-208 of this Code and who have been convicted | ||||||
19 | of more than one violation of paragraph (3), paragraph | ||||||
20 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
21 | of this Code shall not be eligible to apply for a | ||||||
22 | restricted driving permit under this subparagraph (F). | ||||||
23 | A restricted driving permit issued under this | ||||||
24 | subparagraph (F) shall provide that the holder may only | ||||||
25 | operate motor vehicles equipped with an ignition interlock | ||||||
26 | device as required under paragraph (2) of subsection (c) |
| |||||||
| |||||||
1 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
2 | paragraph 3 of subsection (c) of this Section. The | ||||||
3 | Secretary may revoke a restricted driving permit or amend | ||||||
4 | the conditions of a restricted driving permit issued under | ||||||
5 | this subparagraph (F) if the holder operates a vehicle | ||||||
6 | that is not equipped with an ignition interlock device, or | ||||||
7 | for any other reason authorized under this Code. | ||||||
8 | A restricted driving permit issued under this | ||||||
9 | subparagraph (F) shall be revoked, and the holder barred | ||||||
10 | from applying for or being issued a restricted driving | ||||||
11 | permit in the future, if the holder is convicted of a | ||||||
12 | violation of Section 11-501 of this Code, a similar | ||||||
13 | provision of a local ordinance, or a similar offense in | ||||||
14 | another state. | ||||||
15 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
16 | subsection (a), reports received by the Secretary of State | ||||||
17 | under this Section shall, except during the actual time the | ||||||
18 | suspension is in effect, be privileged information and for use | ||||||
19 | only by the courts, police officers, prosecuting authorities, | ||||||
20 | the driver licensing administrator of any other state, the | ||||||
21 | Secretary of State, or the parent or legal guardian of a driver | ||||||
22 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
23 | person is a CDL holder, the suspension shall also be made | ||||||
24 | available to the driver licensing administrator of any other | ||||||
25 | state, the U.S. Department of Transportation, and the affected | ||||||
26 | driver or motor
carrier or prospective motor carrier upon |
| |||||||
| |||||||
1 | request.
| ||||||
2 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
3 | subsection (a), the Secretary of State shall notify the person | ||||||
4 | by mail that his or her driving privileges and driver's | ||||||
5 | license will be suspended one month after the date of the | ||||||
6 | mailing of the notice.
| ||||||
7 | (c-5) The Secretary of State may, as a condition of the | ||||||
8 | reissuance of a
driver's license or permit to an applicant | ||||||
9 | whose driver's license or permit has
been suspended before he | ||||||
10 | or she reached the age of 21 years pursuant to any of
the | ||||||
11 | provisions of this Section, require the applicant to | ||||||
12 | participate in a
driver remedial education course and be | ||||||
13 | retested under Section 6-109 of this
Code.
| ||||||
14 | (d) This Section is subject to the provisions of the | ||||||
15 | Driver License
Compact.
| ||||||
16 | (e) The Secretary of State shall not issue a restricted | ||||||
17 | driving permit to
a person under the age of 16 years whose | ||||||
18 | driving privileges have been suspended
or revoked under any | ||||||
19 | provisions of this Code.
| ||||||
20 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
21 | may not issue a restricted driving permit for the operation of | ||||||
22 | a commercial motor vehicle to a person holding a CDL whose | ||||||
23 | driving privileges have been suspended, revoked, cancelled, or | ||||||
24 | disqualified under any provisions of this Code. | ||||||
25 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
26 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
| |||||||
| |||||||
1 | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, | ||||||
2 | eff. 5-13-22; revised 12-14-22.) | ||||||
3 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
4 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
5 | license or
permit; right to a hearing.
| ||||||
6 | (a) The Secretary of State is authorized to suspend or | ||||||
7 | revoke the
driving privileges of any person without | ||||||
8 | preliminary hearing upon a showing
of the person's records or | ||||||
9 | other sufficient evidence that
the person:
| ||||||
10 | 1. Has committed an offense for which mandatory | ||||||
11 | revocation of
a driver's license or permit is required | ||||||
12 | upon conviction;
| ||||||
13 | 2. Has been convicted of not less than 3 offenses | ||||||
14 | against traffic
regulations governing the movement of | ||||||
15 | vehicles committed within any 12-month period. No | ||||||
16 | revocation or suspension shall be entered more than
6 | ||||||
17 | months after the date of last conviction;
| ||||||
18 | 3. Has been repeatedly involved as a driver in motor | ||||||
19 | vehicle
collisions or has been repeatedly convicted of | ||||||
20 | offenses against laws and
ordinances regulating the | ||||||
21 | movement of traffic, to a degree that
indicates lack of | ||||||
22 | ability to exercise ordinary and reasonable care in
the | ||||||
23 | safe operation of a motor vehicle or disrespect for the | ||||||
24 | traffic laws
and the safety of other persons upon the | ||||||
25 | highway;
|
| |||||||
| |||||||
1 | 4. Has by the unlawful operation of a motor vehicle | ||||||
2 | caused or
contributed to a crash resulting in injury | ||||||
3 | requiring
immediate professional treatment in a medical | ||||||
4 | facility or doctor's office
to any person, except that any | ||||||
5 | suspension or revocation imposed by the
Secretary of State | ||||||
6 | under the provisions of this subsection shall start no
| ||||||
7 | later than 6 months after being convicted of violating a | ||||||
8 | law or
ordinance regulating the movement of traffic, which | ||||||
9 | violation is related
to the crash, or shall start not more | ||||||
10 | than one year
after
the date of the crash, whichever date | ||||||
11 | occurs later;
| ||||||
12 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
13 | driver's
license, identification card, or permit;
| ||||||
14 | 6. Has been lawfully convicted of an offense or | ||||||
15 | offenses in another
state, including the authorization | ||||||
16 | contained in Section 6-203.1, which
if committed within | ||||||
17 | this State would be grounds for suspension or revocation;
| ||||||
18 | 7. Has refused or failed to submit to an examination | ||||||
19 | provided for by
Section 6-207 or has failed to pass the | ||||||
20 | examination;
| ||||||
21 | 8. Is ineligible for a driver's license or permit | ||||||
22 | under the provisions
of Section 6-103;
| ||||||
23 | 9. Has made a false statement or knowingly concealed a | ||||||
24 | material fact
or has used false information or | ||||||
25 | identification in any application for a
license, | ||||||
26 | identification card, or permit;
|
| |||||||
| |||||||
1 | 10. Has possessed, displayed, or attempted to | ||||||
2 | fraudulently use any
license, identification card, or | ||||||
3 | permit not issued to the person;
| ||||||
4 | 11. Has operated a motor vehicle upon a highway of | ||||||
5 | this State when
the person's driving privilege or | ||||||
6 | privilege to obtain a driver's license
or permit was | ||||||
7 | revoked or suspended unless the operation was authorized | ||||||
8 | by
a monitoring device driving permit, judicial driving | ||||||
9 | permit issued prior to January 1, 2009, probationary | ||||||
10 | license to drive, or restricted
driving permit issued | ||||||
11 | under this Code;
| ||||||
12 | 12. Has submitted to any portion of the application | ||||||
13 | process for
another person or has obtained the services of | ||||||
14 | another person to submit to
any portion of the application | ||||||
15 | process for the purpose of obtaining a
license, | ||||||
16 | identification card, or permit for some other person;
| ||||||
17 | 13. Has operated a motor vehicle upon a highway of | ||||||
18 | this State when
the person's driver's license or permit | ||||||
19 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
20 | 6-110;
| ||||||
21 | 14. Has committed a violation of Section 6-301, | ||||||
22 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
23 | 14B of the Illinois Identification Card
Act or a similar | ||||||
24 | offense in another state if, at the time of the offense, | ||||||
25 | the person held an Illinois driver's license or | ||||||
26 | identification card;
|
| |||||||
| |||||||
1 | 15. Has been convicted of violating Section 21-2 of | ||||||
2 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
3 | relating to criminal trespass to vehicles if the person | ||||||
4 | exercised actual physical control over the vehicle during | ||||||
5 | the commission of the offense, in which case the | ||||||
6 | suspension
shall be for one year;
| ||||||
7 | 16. Has been convicted of violating Section 11-204 of | ||||||
8 | this Code relating
to fleeing from a peace officer;
| ||||||
9 | 17. Has refused to submit to a test, or tests, as | ||||||
10 | required under Section
11-501.1 of this Code and the | ||||||
11 | person has not sought a hearing as
provided for in Section | ||||||
12 | 11-501.1;
| ||||||
13 | 18. (Blank);
| ||||||
14 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
15 | of Section 6-101
relating to driving without a driver's | ||||||
16 | license;
| ||||||
17 | 20. Has been convicted of violating Section 6-104 | ||||||
18 | relating to
classification of driver's license;
| ||||||
19 | 21. Has been convicted of violating Section 11-402 of
| ||||||
20 | this Code relating to leaving the scene of a crash | ||||||
21 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
22 | which case the suspension shall be
for one year;
| ||||||
23 | 22. Has used a motor vehicle in violating paragraph | ||||||
24 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
26 | relating
to unlawful use of weapons, in which case the |
| |||||||
| |||||||
1 | suspension shall be for one
year;
| ||||||
2 | 23. Has, as a driver, been convicted of committing a | ||||||
3 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
4 | for a second or subsequent
time within one year of a | ||||||
5 | similar violation;
| ||||||
6 | 24. Has been convicted by a court-martial or punished | ||||||
7 | by non-judicial
punishment by military authorities of the | ||||||
8 | United States at a military
installation in Illinois or in | ||||||
9 | another state of or for a traffic-related offense that is | ||||||
10 | the
same as or similar to an offense specified under | ||||||
11 | Section 6-205 or 6-206 of
this Code;
| ||||||
12 | 25. Has permitted any form of identification to be | ||||||
13 | used by another in
the application process in order to | ||||||
14 | obtain or attempt to obtain a license,
identification | ||||||
15 | card, or permit;
| ||||||
16 | 26. Has altered or attempted to alter a license or has | ||||||
17 | possessed an
altered license, identification card, or | ||||||
18 | permit;
| ||||||
19 | 27. (Blank);
| ||||||
20 | 28. Has been convicted for a first time of the illegal | ||||||
21 | possession, while operating or
in actual physical control, | ||||||
22 | as a driver, of a motor vehicle, of any
controlled | ||||||
23 | substance prohibited under the Illinois Controlled | ||||||
24 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
25 | Control
Act, or any methamphetamine prohibited under the | ||||||
26 | Methamphetamine Control and Community Protection Act, in |
| |||||||
| |||||||
1 | which case the person's driving privileges shall be | ||||||
2 | suspended for
one year.
Any defendant found guilty of this | ||||||
3 | offense while operating a motor vehicle
shall have an | ||||||
4 | entry made in the court record by the presiding judge that
| ||||||
5 | this offense did occur while the defendant was operating a | ||||||
6 | motor vehicle
and order the clerk of the court to report | ||||||
7 | the violation to the Secretary
of State;
| ||||||
8 | 29. Has been convicted of the following offenses that | ||||||
9 | were committed
while the person was operating or in actual | ||||||
10 | physical control, as a driver,
of a motor vehicle: | ||||||
11 | criminal sexual assault,
predatory criminal sexual assault | ||||||
12 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
13 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
14 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
15 | juvenile prostitution as described in subdivision (a)(1), | ||||||
16 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
18 | sale or
delivery of controlled substances or instruments | ||||||
19 | used for illegal drug use
or abuse in which case the | ||||||
20 | driver's driving privileges shall be suspended
for one | ||||||
21 | year;
| ||||||
22 | 30. Has been convicted a second or subsequent time for | ||||||
23 | any
combination of the offenses named in paragraph 29 of | ||||||
24 | this subsection,
in which case the person's driving | ||||||
25 | privileges shall be suspended for 5
years;
| ||||||
26 | 31. Has refused to submit to a test as
required by |
| |||||||
| |||||||
1 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
2 | Registration and Safety Act or has submitted to a test | ||||||
3 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
4 | any amount of a drug, substance, or
compound resulting | ||||||
5 | from the unlawful use or consumption of cannabis as listed
| ||||||
6 | in the Cannabis Control Act, a controlled substance as | ||||||
7 | listed in the Illinois
Controlled Substances Act, an | ||||||
8 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act, in | ||||||
11 | which case the penalty shall be
as prescribed in Section | ||||||
12 | 6-208.1;
| ||||||
13 | 32. Has been convicted of Section 24-1.2 of the | ||||||
14 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
15 | relating to the aggravated discharge of a firearm if the | ||||||
16 | offender was
located in a motor vehicle at the time the | ||||||
17 | firearm was discharged, in which
case the suspension shall | ||||||
18 | be for 3 years;
| ||||||
19 | 33. Has as a driver, who was less than 21 years of age | ||||||
20 | on the date of
the offense, been convicted a first time of | ||||||
21 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
22 | Code or a similar provision of a local ordinance;
| ||||||
23 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
24 | this Code or a similar provision of a local ordinance;
| ||||||
25 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
26 | this Code or a similar provision of a local ordinance;
|
| |||||||
| |||||||
1 | 36. Is under the age of 21 years at the time of arrest | ||||||
2 | and has been
convicted of not less than 2 offenses against | ||||||
3 | traffic regulations governing
the movement of vehicles | ||||||
4 | committed within any 24-month period. No revocation
or | ||||||
5 | suspension shall be entered more than 6 months after the | ||||||
6 | date of last
conviction;
| ||||||
7 | 37. Has committed a violation of subsection (c) of | ||||||
8 | Section 11-907 of this
Code that resulted in damage to the | ||||||
9 | property of another or the death or injury of another;
| ||||||
10 | 38. Has been convicted of a violation of Section 6-20 | ||||||
11 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
12 | a local ordinance and the person was an occupant of a motor | ||||||
13 | vehicle at the time of the violation;
| ||||||
14 | 39. Has committed a second or subsequent violation of | ||||||
15 | Section
11-1201 of this Code;
| ||||||
16 | 40. Has committed a violation of subsection (a-1) of | ||||||
17 | Section 11-908 of
this Code; | ||||||
18 | 41. Has committed a second or subsequent violation of | ||||||
19 | Section 11-605.1 of this Code, a similar provision of a | ||||||
20 | local ordinance, or a similar violation in any other state | ||||||
21 | within 2 years of the date of the previous violation, in | ||||||
22 | which case the suspension shall be for 90 days; | ||||||
23 | 42. Has committed a violation of subsection (a-1) of | ||||||
24 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
25 | local ordinance;
| ||||||
26 | 43. Has received a disposition of court supervision |
| |||||||
| |||||||
1 | for a violation of subsection (a), (d), or (e) of Section | ||||||
2 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
3 | provision of a local ordinance and the person was an | ||||||
4 | occupant of a motor vehicle at the time of the violation, | ||||||
5 | in which case the suspension shall be for a period of 3 | ||||||
6 | months;
| ||||||
7 | 44.
Is under the age of 21 years at the time of arrest | ||||||
8 | and has been convicted of an offense against traffic | ||||||
9 | regulations governing the movement of vehicles after | ||||||
10 | having previously had his or her driving privileges
| ||||||
11 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
12 | Section; | ||||||
13 | 45.
Has, in connection with or during the course of a | ||||||
14 | formal hearing conducted under Section 2-118 of this Code: | ||||||
15 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
16 | falsified documents; (iii) submitted documents that have | ||||||
17 | been materially altered; or (iv) submitted, as his or her | ||||||
18 | own, documents that were in fact prepared or composed for | ||||||
19 | another person; | ||||||
20 | 46. Has committed a violation of subsection (j) of | ||||||
21 | Section 3-413 of this Code;
| ||||||
22 | 47. Has committed a violation of subsection (a) of | ||||||
23 | Section 11-502.1 of this Code; | ||||||
24 | 48. Has submitted a falsified or altered medical | ||||||
25 | examiner's certificate to the Secretary of State or | ||||||
26 | provided false information to obtain a medical examiner's |
| |||||||
| |||||||
1 | certificate; | ||||||
2 | 49. Has been convicted of a violation of Section | ||||||
3 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
4 | another, in which case the driving privileges of the | ||||||
5 | person shall be suspended for 12 months; | ||||||
6 | 50. Has committed a violation of subsection (b-5) of | ||||||
7 | Section 12-610.2 that resulted in great bodily harm, | ||||||
8 | permanent disability, or disfigurement, in which case the | ||||||
9 | driving privileges of the person shall be suspended for 12 | ||||||
10 | months; | ||||||
11 | 51. Has committed a violation of Section 10-15 Of the | ||||||
12 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
13 | a local ordinance while in a motor vehicle; or | ||||||
14 | 52. Has committed a violation of subsection (b) of | ||||||
15 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
16 | similar provision of a local ordinance. | ||||||
17 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
18 | and 27 of this
subsection, license means any driver's license, | ||||||
19 | any traffic ticket issued when
the person's driver's license | ||||||
20 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
21 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
22 | a probationary driver's license, or a temporary driver's | ||||||
23 | license. | ||||||
24 | (b) If any conviction forming the basis of a suspension or
| ||||||
25 | revocation authorized under this Section is appealed, the
| ||||||
26 | Secretary of State may rescind or withhold the entry of the |
| |||||||
| |||||||
1 | order of suspension
or revocation, as the case may be, | ||||||
2 | provided that a certified copy of a stay
order of a court is | ||||||
3 | filed with the Secretary of State. If the conviction is
| ||||||
4 | affirmed on appeal, the date of the conviction shall relate | ||||||
5 | back to the time
the original judgment of conviction was | ||||||
6 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
7 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
8 | permit of
any person as authorized in this Section, the | ||||||
9 | Secretary of State shall
immediately notify the person in | ||||||
10 | writing of the revocation or suspension.
The notice to be | ||||||
11 | deposited in the United States mail, postage prepaid,
to the | ||||||
12 | last known address of the person.
| ||||||
13 | 2. If the Secretary of State suspends the driver's license
| ||||||
14 | of a person under subsection 2 of paragraph (a) of this | ||||||
15 | Section, a
person's privilege to operate a vehicle as an | ||||||
16 | occupation shall not be
suspended, provided an affidavit is | ||||||
17 | properly completed, the appropriate fee
received, and a permit | ||||||
18 | issued prior to the effective date of the
suspension, unless 5 | ||||||
19 | offenses were committed, at least 2 of which occurred
while | ||||||
20 | operating a commercial vehicle in connection with the driver's
| ||||||
21 | regular occupation. All other driving privileges shall be | ||||||
22 | suspended by the
Secretary of State. Any driver prior to | ||||||
23 | operating a vehicle for
occupational purposes only must submit | ||||||
24 | the affidavit on forms to be
provided by the Secretary of State | ||||||
25 | setting forth the facts of the person's
occupation. The | ||||||
26 | affidavit shall also state the number of offenses
committed |
| |||||||
| |||||||
1 | while operating a vehicle in connection with the driver's | ||||||
2 | regular
occupation. The affidavit shall be accompanied by the | ||||||
3 | driver's license.
Upon receipt of a properly completed | ||||||
4 | affidavit, the Secretary of State
shall issue the driver a | ||||||
5 | permit to operate a vehicle in connection with the
driver's | ||||||
6 | regular occupation only. Unless the permit is issued by the
| ||||||
7 | Secretary of State prior to the date of suspension, the | ||||||
8 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
9 | forth in the notice that was
mailed under this Section. If an | ||||||
10 | affidavit is received subsequent to the
effective date of this | ||||||
11 | suspension, a permit may be issued for the remainder
of the | ||||||
12 | suspension period.
| ||||||
13 | The provisions of this subparagraph shall not apply to any | ||||||
14 | driver
required to possess a CDL for the purpose of operating a | ||||||
15 | commercial motor vehicle.
| ||||||
16 | Any person who falsely states any fact in the affidavit | ||||||
17 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
18 | and upon conviction
thereof shall have all driving privileges | ||||||
19 | revoked without further rights.
| ||||||
20 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
21 | this Code,
the Secretary of State shall either rescind or | ||||||
22 | continue an order of
revocation or shall substitute an order | ||||||
23 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
24 | continue, change, or extend the
order of suspension. If the | ||||||
25 | Secretary of State does not rescind the order,
the Secretary | ||||||
26 | may upon application,
to relieve undue hardship (as defined by |
| |||||||
| |||||||
1 | the rules of the Secretary of State), issue
a restricted | ||||||
2 | driving permit granting the privilege of driving a motor
| ||||||
3 | vehicle between the petitioner's residence and petitioner's | ||||||
4 | place of
employment or within the scope of the petitioner's | ||||||
5 | employment-related duties, or to
allow the petitioner to | ||||||
6 | transport himself or herself, or a family member of the
| ||||||
7 | petitioner's household to a medical facility, to receive | ||||||
8 | necessary medical care, to allow the petitioner to transport | ||||||
9 | himself or herself to and from alcohol or drug
remedial or | ||||||
10 | rehabilitative activity recommended by a licensed service | ||||||
11 | provider, or to allow the petitioner to transport himself or | ||||||
12 | herself or a family member of the petitioner's household to | ||||||
13 | classes, as a student, at an accredited educational | ||||||
14 | institution, or to allow the petitioner to transport children, | ||||||
15 | elderly persons, or persons with disabilities who do not hold | ||||||
16 | driving privileges and are living in the petitioner's | ||||||
17 | household to and from child care or adult day care daycare . The
| ||||||
18 | petitioner must demonstrate that no alternative means of
| ||||||
19 | transportation is reasonably available and that the petitioner | ||||||
20 | will not endanger
the public safety or welfare.
| ||||||
21 | (A) If a person's license or permit is revoked or | ||||||
22 | suspended due to 2
or more convictions of violating | ||||||
23 | Section 11-501 of this Code or a similar
provision of a | ||||||
24 | local ordinance or a similar out-of-state offense, or | ||||||
25 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012, where the use of alcohol or other drugs is |
| |||||||
| |||||||
1 | recited as an element of the offense, or a similar | ||||||
2 | out-of-state offense, or a combination of these offenses, | ||||||
3 | arising out
of separate occurrences, that person, if | ||||||
4 | issued a restricted driving permit,
may not operate a | ||||||
5 | vehicle unless it has been equipped with an ignition
| ||||||
6 | interlock device as defined in Section 1-129.1.
| ||||||
7 | (B) If a person's license or permit is revoked or | ||||||
8 | suspended 2 or more
times due to any combination of: | ||||||
9 | (i) a single conviction of violating Section
| ||||||
10 | 11-501 of this Code or a similar provision of a local | ||||||
11 | ordinance or a similar
out-of-state offense or Section | ||||||
12 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012, where the use of alcohol or other drugs is | ||||||
14 | recited as an element of the offense, or a similar | ||||||
15 | out-of-state offense; or | ||||||
16 | (ii) a statutory summary suspension or revocation | ||||||
17 | under Section
11-501.1; or | ||||||
18 | (iii) a suspension under Section 6-203.1; | ||||||
19 | arising out of
separate occurrences; that person, if | ||||||
20 | issued a restricted driving permit, may
not operate a | ||||||
21 | vehicle unless it has been
equipped with an ignition | ||||||
22 | interlock device as defined in Section 1-129.1. | ||||||
23 | (B-5) If a person's license or permit is revoked or | ||||||
24 | suspended due to a conviction for a violation of | ||||||
25 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
26 | of Section 11-501 of this Code, or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance or similar out-of-state offense, that | ||||||
2 | person, if issued a restricted driving permit, may not | ||||||
3 | operate a vehicle unless it has been equipped with an | ||||||
4 | ignition interlock device as defined in Section 1-129.1. | ||||||
5 | (C)
The person issued a permit conditioned upon the | ||||||
6 | use of an ignition interlock device must pay to the | ||||||
7 | Secretary of State DUI Administration Fund an amount
not | ||||||
8 | to exceed $30 per month. The Secretary shall establish by | ||||||
9 | rule the amount
and the procedures, terms, and conditions | ||||||
10 | relating to these fees. | ||||||
11 | (D) If the
restricted driving permit is issued for | ||||||
12 | employment purposes, then the prohibition against | ||||||
13 | operating a motor vehicle that is not equipped with an | ||||||
14 | ignition interlock device does not apply to the operation | ||||||
15 | of an occupational vehicle owned or
leased by that | ||||||
16 | person's employer when used solely for employment | ||||||
17 | purposes. For any person who, within a 5-year period, is | ||||||
18 | convicted of a second or subsequent offense under Section | ||||||
19 | 11-501 of this Code, or a similar provision of a local | ||||||
20 | ordinance or similar out-of-state offense, this employment | ||||||
21 | exemption does not apply until either a one-year period | ||||||
22 | has elapsed during which that person had his or her | ||||||
23 | driving privileges revoked or a one-year period has | ||||||
24 | elapsed during which that person had a restricted driving | ||||||
25 | permit which required the use of an ignition interlock | ||||||
26 | device on every motor vehicle owned or operated by that |
| |||||||
| |||||||
1 | person. | ||||||
2 | (E) In each case the Secretary may issue a
restricted | ||||||
3 | driving permit for a period deemed appropriate, except | ||||||
4 | that all
permits shall expire no later than 2 years from | ||||||
5 | the date of issuance. A
restricted driving permit issued | ||||||
6 | under this Section shall be subject to
cancellation, | ||||||
7 | revocation, and suspension by the Secretary of State in | ||||||
8 | like
manner and for like cause as a driver's license | ||||||
9 | issued under this Code may be
cancelled, revoked, or | ||||||
10 | suspended; except that a conviction upon one or more
| ||||||
11 | offenses against laws or ordinances regulating the | ||||||
12 | movement of traffic
shall be deemed sufficient cause for | ||||||
13 | the revocation, suspension, or
cancellation of a | ||||||
14 | restricted driving permit. The Secretary of State may, as
| ||||||
15 | a condition to the issuance of a restricted driving | ||||||
16 | permit, require the
applicant to participate in a | ||||||
17 | designated driver remedial or rehabilitative
program. The | ||||||
18 | Secretary of State is authorized to cancel a restricted
| ||||||
19 | driving permit if the permit holder does not successfully | ||||||
20 | complete the program.
| ||||||
21 | (F) A person subject to the provisions of paragraph 4 | ||||||
22 | of subsection (b) of Section 6-208 of this Code may make | ||||||
23 | application for a restricted driving permit at a hearing | ||||||
24 | conducted under Section 2-118 of this Code after the | ||||||
25 | expiration of 5 years from the effective date of the most | ||||||
26 | recent revocation or after 5 years from the date of |
| |||||||
| |||||||
1 | release from a period of imprisonment resulting from a | ||||||
2 | conviction of the most recent offense, whichever is later, | ||||||
3 | provided the person, in addition to all other requirements | ||||||
4 | of the Secretary, shows by clear and convincing evidence: | ||||||
5 | (i) a minimum of 3 years of uninterrupted | ||||||
6 | abstinence from alcohol and the unlawful use or | ||||||
7 | consumption of cannabis under the Cannabis Control | ||||||
8 | Act, a controlled substance under the Illinois | ||||||
9 | Controlled Substances Act, an intoxicating compound | ||||||
10 | under the Use of Intoxicating Compounds Act, or | ||||||
11 | methamphetamine under the Methamphetamine Control and | ||||||
12 | Community Protection Act; and | ||||||
13 | (ii) the successful completion of any | ||||||
14 | rehabilitative treatment and involvement in any | ||||||
15 | ongoing rehabilitative activity that may be | ||||||
16 | recommended by a properly licensed service provider | ||||||
17 | according to an assessment of the person's alcohol or | ||||||
18 | drug use under Section 11-501.01 of this Code. | ||||||
19 | In determining whether an applicant is eligible for a | ||||||
20 | restricted driving permit under this subparagraph (F), the | ||||||
21 | Secretary may consider any relevant evidence, including, | ||||||
22 | but not limited to, testimony, affidavits, records, and | ||||||
23 | the results of regular alcohol or drug tests. Persons | ||||||
24 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
25 | of Section 6-208 of this Code and who have been convicted | ||||||
26 | of more than one violation of paragraph (3), paragraph |
| |||||||
| |||||||
1 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
2 | of this Code shall not be eligible to apply for a | ||||||
3 | restricted driving permit under this subparagraph (F). | ||||||
4 | A restricted driving permit issued under this | ||||||
5 | subparagraph (F) shall provide that the holder may only | ||||||
6 | operate motor vehicles equipped with an ignition interlock | ||||||
7 | device as required under paragraph (2) of subsection (c) | ||||||
8 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
9 | paragraph 3 of subsection (c) of this Section. The | ||||||
10 | Secretary may revoke a restricted driving permit or amend | ||||||
11 | the conditions of a restricted driving permit issued under | ||||||
12 | this subparagraph (F) if the holder operates a vehicle | ||||||
13 | that is not equipped with an ignition interlock device, or | ||||||
14 | for any other reason authorized under this Code. | ||||||
15 | A restricted driving permit issued under this | ||||||
16 | subparagraph (F) shall be revoked, and the holder barred | ||||||
17 | from applying for or being issued a restricted driving | ||||||
18 | permit in the future, if the holder is convicted of a | ||||||
19 | violation of Section 11-501 of this Code, a similar | ||||||
20 | provision of a local ordinance, or a similar offense in | ||||||
21 | another state. | ||||||
22 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
23 | subsection (a), reports received by the Secretary of State | ||||||
24 | under this Section shall, except during the actual time the | ||||||
25 | suspension is in effect, be privileged information and for use | ||||||
26 | only by the courts, police officers, prosecuting authorities, |
| |||||||
| |||||||
1 | the driver licensing administrator of any other state, the | ||||||
2 | Secretary of State, or the parent or legal guardian of a driver | ||||||
3 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
4 | person is a CDL holder, the suspension shall also be made | ||||||
5 | available to the driver licensing administrator of any other | ||||||
6 | state, the U.S. Department of Transportation, and the affected | ||||||
7 | driver or motor
carrier or prospective motor carrier upon | ||||||
8 | request.
| ||||||
9 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
10 | subsection (a), the Secretary of State shall notify the person | ||||||
11 | by mail that his or her driving privileges and driver's | ||||||
12 | license will be suspended one month after the date of the | ||||||
13 | mailing of the notice.
| ||||||
14 | (c-5) The Secretary of State may, as a condition of the | ||||||
15 | reissuance of a
driver's license or permit to an applicant | ||||||
16 | whose driver's license or permit has
been suspended before he | ||||||
17 | or she reached the age of 21 years pursuant to any of
the | ||||||
18 | provisions of this Section, require the applicant to | ||||||
19 | participate in a
driver remedial education course and be | ||||||
20 | retested under Section 6-109 of this
Code.
| ||||||
21 | (d) This Section is subject to the provisions of the | ||||||
22 | Driver License
Compact.
| ||||||
23 | (e) The Secretary of State shall not issue a restricted | ||||||
24 | driving permit to
a person under the age of 16 years whose | ||||||
25 | driving privileges have been suspended
or revoked under any | ||||||
26 | provisions of this Code.
|
| |||||||
| |||||||
1 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
2 | may not issue a restricted driving permit for the operation of | ||||||
3 | a commercial motor vehicle to a person holding a CDL whose | ||||||
4 | driving privileges have been suspended, revoked, cancelled, or | ||||||
5 | disqualified under any provisions of this Code. | ||||||
6 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
7 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
8 | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, | ||||||
9 | eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
| ||||||
10 | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
| ||||||
11 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
12 | Sec. 12-707.01. Liability insurance. | ||||||
13 | (a) No school bus, first division vehicle including a taxi | ||||||
14 | which is used for a purpose that requires a school bus driver | ||||||
15 | permit, commuter van or
motor vehicle owned by or used for hire | ||||||
16 | by and in connection with the
operation of private or public | ||||||
17 | schools, day camps, summer camps or
nursery schools, and no | ||||||
18 | commuter van or passenger car used for a for-profit
| ||||||
19 | ridesharing arrangement, shall be operated for such purposes | ||||||
20 | unless the owner
thereof shall carry a minimum of personal | ||||||
21 | injury liability insurance in
the amount of $25,000 for any | ||||||
22 | one person in any one accident, and
subject to the limit for | ||||||
23 | one person, $100,000 for two or more persons
injured by reason | ||||||
24 | of the operation of the vehicle in any one accident. This | ||||||
25 | subsection (a) applies only to personal injury liability |
| |||||||
| |||||||
1 | policies issued or renewed before January 1, 2013.
| ||||||
2 | (b) Liability insurance policies issued or renewed on and | ||||||
3 | after January 1, 2013 shall comply with the following: | ||||||
4 | (1) except as provided in subparagraph (2) of this | ||||||
5 | subsection (b), any vehicle that is used for a purpose | ||||||
6 | that requires a school bus driver permit under Section | ||||||
7 | 6-104 of this Code shall carry a minimum of liability | ||||||
8 | insurance in
the amount of $2,000,000. This minimum | ||||||
9 | insurance requirement may be satisfied by either (i) a | ||||||
10 | $2,000,000 combined single limit primary commercial | ||||||
11 | automobile policy; or (ii) a $1 million primary commercial | ||||||
12 | automobile policy and a minimum $5,000,000 excess or | ||||||
13 | umbrella liability policy; | ||||||
14 | (2) any vehicle that is used for a purpose that | ||||||
15 | requires a school bus driver permit under Section 6-104 of | ||||||
16 | this Code and is used in connection with the operation of | ||||||
17 | private child day care facilities, day camps, summer | ||||||
18 | camps, or nursery schools shall carry a minimum of | ||||||
19 | liability insurance in
the amount of $1,000,000 combined | ||||||
20 | single limit per accident; | ||||||
21 | (3) any commuter van or passenger car used for a | ||||||
22 | for-profit
ridesharing arrangement shall carry a minimum | ||||||
23 | of liability insurance in
the amount of $500,000 combined | ||||||
24 | single limit per accident. | ||||||
25 | (c) Primary insurance coverage under the provisions of | ||||||
26 | this Section must be provided by a licensed and admitted |
| |||||||
| |||||||
1 | insurance carrier or an intergovernmental cooperative formed | ||||||
2 | under Section 10 of Article VII of the Illinois Constitution, | ||||||
3 | or Section 6 or 9 of the Intergovernmental Cooperation Act, or | ||||||
4 | provided by a certified self-insurer under Section 7-502 of | ||||||
5 | this Code. The excess or umbrella liability coverage | ||||||
6 | requirement may be met by securing surplus line insurance as | ||||||
7 | defined under Section 445 of the Illinois Insurance Code. If | ||||||
8 | the excess or umbrella liability coverage requirement is met | ||||||
9 | by securing surplus line insurance, that coverage must be | ||||||
10 | effected through a licensed surplus line producer acting under | ||||||
11 | the surplus line insurance laws and regulations of this State. | ||||||
12 | Nothing in this subsection (c) shall be construed as | ||||||
13 | prohibiting a licensed and admitted insurance carrier or an | ||||||
14 | intergovernmental cooperative formed under Section 10 of | ||||||
15 | Article VII of the Illinois Constitution, or Section 6 or 9 of | ||||||
16 | the Intergovernmental Cooperation Act, or a certified | ||||||
17 | self-insurer under Section 7-502 of this Code, from retaining | ||||||
18 | the risk required under paragraphs (1) and (2) of subsection | ||||||
19 | (b) of this Section or issuing a single primary policy meeting | ||||||
20 | the requirements of paragraphs (1) and (2) of subsection (b). | ||||||
21 | (d) Each owner of a vehicle required to obtain the minimum | ||||||
22 | liability requirements under subsection (b) of this Section | ||||||
23 | shall attest that the vehicle meets the minimum insurance | ||||||
24 | requirements under this Section. The Secretary of State shall | ||||||
25 | create a form for each owner of a vehicle to attest that the | ||||||
26 | owner meets the minimum insurance requirements and the owner |
| |||||||
| |||||||
1 | of the vehicle shall submit the form with each registration | ||||||
2 | application. The form shall be valid for the full registration | ||||||
3 | period; however, if at any time the Secretary has reason to | ||||||
4 | believe that the owner does not have the minimum required | ||||||
5 | amount of insurance for a vehicle, then the Secretary may | ||||||
6 | require a certificate of insurance, or its equivalent, to | ||||||
7 | ensure the vehicle is insured. If the owner fails to produce a | ||||||
8 | certificate of insurance, or its equivalent, within 2 calendar | ||||||
9 | days after the request was made, then the Secretary may revoke | ||||||
10 | the vehicle owner's registration until the Secretary is | ||||||
11 | assured the vehicle meets the minimum insurance requirements. | ||||||
12 | If the owner of a vehicle participates in an intergovernmental | ||||||
13 | cooperative or is self-insured, then the owner shall attest | ||||||
14 | that the insurance required under this Section is equivalent | ||||||
15 | to or greater than the insurance required under paragraph (1) | ||||||
16 | of subsection (b) of this Section. The Secretary may adopt any | ||||||
17 | rules necessary to enforce the provisions of this subsection | ||||||
18 | (d). | ||||||
19 | (Source: P.A. 99-595, eff. 1-1-17 .)
| ||||||
20 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
21 | Sec. 12-707.01. Liability insurance. | ||||||
22 | (a) No school bus, first division vehicle including a taxi | ||||||
23 | which is used for a purpose that requires a school bus driver | ||||||
24 | permit, commuter van or
motor vehicle owned by or used for hire | ||||||
25 | by and in connection with the
operation of private or public |
| |||||||
| |||||||
1 | schools, day camps, summer camps or
nursery schools, and no | ||||||
2 | commuter van or passenger car used for a for-profit
| ||||||
3 | ridesharing arrangement, shall be operated for such purposes | ||||||
4 | unless the owner
thereof shall carry a minimum of personal | ||||||
5 | injury liability insurance in
the amount of $25,000 for any | ||||||
6 | one person in any one crash, and
subject to the limit for one | ||||||
7 | person, $100,000 for two or more persons
injured by reason of | ||||||
8 | the operation of the vehicle in any one crash. This subsection | ||||||
9 | (a) applies only to personal injury liability policies issued | ||||||
10 | or renewed before January 1, 2013.
| ||||||
11 | (b) Liability insurance policies issued or renewed on and | ||||||
12 | after January 1, 2013 shall comply with the following: | ||||||
13 | (1) except as provided in subparagraph (2) of this | ||||||
14 | subsection (b), any vehicle that is used for a purpose | ||||||
15 | that requires a school bus driver permit under Section | ||||||
16 | 6-104 of this Code shall carry a minimum of liability | ||||||
17 | insurance in
the amount of $2,000,000. This minimum | ||||||
18 | insurance requirement may be satisfied by either (i) a | ||||||
19 | $2,000,000 combined single limit primary commercial | ||||||
20 | automobile policy; or (ii) a $1 million primary commercial | ||||||
21 | automobile policy and a minimum $5,000,000 excess or | ||||||
22 | umbrella liability policy; | ||||||
23 | (2) any vehicle that is used for a purpose that | ||||||
24 | requires a school bus driver permit under Section 6-104 of | ||||||
25 | this Code and is used in connection with the operation of | ||||||
26 | private child day care facilities, day camps, summer |
| |||||||
| |||||||
1 | camps, or nursery schools shall carry a minimum of | ||||||
2 | liability insurance in
the amount of $1,000,000 combined | ||||||
3 | single limit per crash; | ||||||
4 | (3) any commuter van or passenger car used for a | ||||||
5 | for-profit
ridesharing arrangement shall carry a minimum | ||||||
6 | of liability insurance in
the amount of $500,000 combined | ||||||
7 | single limit per crash. | ||||||
8 | (c) Primary insurance coverage under the provisions of | ||||||
9 | this Section must be provided by a licensed and admitted | ||||||
10 | insurance carrier or an intergovernmental cooperative formed | ||||||
11 | under Section 10 of Article VII of the Illinois Constitution, | ||||||
12 | or Section 6 or 9 of the Intergovernmental Cooperation Act, or | ||||||
13 | provided by a certified self-insurer under Section 7-502 of | ||||||
14 | this Code. The excess or umbrella liability coverage | ||||||
15 | requirement may be met by securing surplus line insurance as | ||||||
16 | defined under Section 445 of the Illinois Insurance Code. If | ||||||
17 | the excess or umbrella liability coverage requirement is met | ||||||
18 | by securing surplus line insurance, that coverage must be | ||||||
19 | effected through a licensed surplus line producer acting under | ||||||
20 | the surplus line insurance laws and regulations of this State. | ||||||
21 | Nothing in this subsection (c) shall be construed as | ||||||
22 | prohibiting a licensed and admitted insurance carrier or an | ||||||
23 | intergovernmental cooperative formed under Section 10 of | ||||||
24 | Article VII of the Illinois Constitution, or Section 6 or 9 of | ||||||
25 | the Intergovernmental Cooperation Act, or a certified | ||||||
26 | self-insurer under Section 7-502 of this Code, from retaining |
| |||||||
| |||||||
1 | the risk required under paragraphs (1) and (2) of subsection | ||||||
2 | (b) of this Section or issuing a single primary policy meeting | ||||||
3 | the requirements of paragraphs (1) and (2) of subsection (b). | ||||||
4 | (d) Each owner of a vehicle required to obtain the minimum | ||||||
5 | liability requirements under subsection (b) of this Section | ||||||
6 | shall attest that the vehicle meets the minimum insurance | ||||||
7 | requirements under this Section. The Secretary of State shall | ||||||
8 | create a form for each owner of a vehicle to attest that the | ||||||
9 | owner meets the minimum insurance requirements and the owner | ||||||
10 | of the vehicle shall submit the form with each registration | ||||||
11 | application. The form shall be valid for the full registration | ||||||
12 | period; however, if at any time the Secretary has reason to | ||||||
13 | believe that the owner does not have the minimum required | ||||||
14 | amount of insurance for a vehicle, then the Secretary may | ||||||
15 | require a certificate of insurance, or its equivalent, to | ||||||
16 | ensure the vehicle is insured. If the owner fails to produce a | ||||||
17 | certificate of insurance, or its equivalent, within 2 calendar | ||||||
18 | days after the request was made, then the Secretary may revoke | ||||||
19 | the vehicle owner's registration until the Secretary is | ||||||
20 | assured the vehicle meets the minimum insurance requirements. | ||||||
21 | If the owner of a vehicle participates in an intergovernmental | ||||||
22 | cooperative or is self-insured, then the owner shall attest | ||||||
23 | that the insurance required under this Section is equivalent | ||||||
24 | to or greater than the insurance required under paragraph (1) | ||||||
25 | of subsection (b) of this Section. The Secretary may adopt any | ||||||
26 | rules necessary to enforce the provisions of this subsection |
| |||||||
| |||||||
1 | (d). | ||||||
2 | (Source: P.A. 102-982, eff. 7-1-23.)
| ||||||
3 | Section 280. The Criminal Code of 2012 is amended by | ||||||
4 | changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24, | ||||||
5 | 18-1, 19-1, and 48-1 as follows: | ||||||
6 | (720 ILCS 5/2-5.1)
| ||||||
7 | Sec. 2-5.1. Child Day care center. " Child Day care center" | ||||||
8 | has the meaning ascribed to it in Section 2.09 of the Child | ||||||
9 | Care Act of 1969.
| ||||||
10 | (Source: P.A. 96-556, eff. 1-1-10.) | ||||||
11 | (720 ILCS 5/2-5.2)
| ||||||
12 | Sec. 2-5.2. Child Day care home. " Child Day care home" has | ||||||
13 | the meaning ascribed to it in Section 2.18 of the Child Care | ||||||
14 | Act of 1969.
| ||||||
15 | (Source: P.A. 96-556, eff. 1-1-10.) | ||||||
16 | (720 ILCS 5/2-8.1)
| ||||||
17 | Sec. 2-8.1. Group child day care home. "Group child day | ||||||
18 | care home" has the meaning ascribed to it in Section 2.20 of | ||||||
19 | the Child Care Act of 1969.
| ||||||
20 | (Source: P.A. 96-556, eff. 1-1-10.) | ||||||
21 | (720 ILCS 5/11-0.1) |
| |||||||
| |||||||
1 | Sec. 11-0.1. Definitions. In this Article, unless the | ||||||
2 | context clearly requires otherwise, the following terms are | ||||||
3 | defined as indicated: | ||||||
4 | "Accused" means a person accused of an offense prohibited | ||||||
5 | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | ||||||
6 | this Code or a person for whose conduct the accused is legally | ||||||
7 | responsible under Article 5 of this Code. | ||||||
8 | "Adult obscenity or child pornography Internet site". See | ||||||
9 | Section 11-23. | ||||||
10 | "Advance prostitution" means: | ||||||
11 | (1) Soliciting for a prostitute by performing any of | ||||||
12 | the following acts when acting other than as a prostitute | ||||||
13 | or a patron of a prostitute: | ||||||
14 | (A) Soliciting another for the purpose of | ||||||
15 | prostitution. | ||||||
16 | (B) Arranging or offering to arrange a meeting of | ||||||
17 | persons for the purpose of prostitution. | ||||||
18 | (C) Directing another to a place knowing the | ||||||
19 | direction is for the purpose of prostitution. | ||||||
20 | (2) Keeping a place of prostitution by controlling or | ||||||
21 | exercising control over the use of any place that could | ||||||
22 | offer seclusion or shelter for the practice of | ||||||
23 | prostitution and performing any of the following acts when | ||||||
24 | acting other than as a prostitute or a patron of a | ||||||
25 | prostitute: | ||||||
26 | (A) Knowingly granting or permitting the use of |
| |||||||
| |||||||
1 | the place for the purpose of prostitution. | ||||||
2 | (B) Granting or permitting the use of the place | ||||||
3 | under circumstances from which he or she could | ||||||
4 | reasonably know that the place is used or is to be used | ||||||
5 | for purposes of prostitution. | ||||||
6 | (C) Permitting the continued use of the place | ||||||
7 | after becoming aware of facts or circumstances from | ||||||
8 | which he or she should reasonably know that the place | ||||||
9 | is being used for purposes of prostitution. | ||||||
10 | "Agency". See Section 11-9.5. | ||||||
11 | "Arranges". See Section 11-6.5. | ||||||
12 | "Bodily harm" means physical harm, and includes, but is | ||||||
13 | not limited to, sexually transmitted disease, pregnancy, and | ||||||
14 | impotence. | ||||||
15 | "Care and custody". See Section 11-9.5. | ||||||
16 | "Child care institution". See Section 11-9.3. | ||||||
17 | "Child pornography". See Section 11-20.1. | ||||||
18 | "Child sex offender". See Section 11-9.3. | ||||||
19 | "Community agency". See Section 11-9.5. | ||||||
20 | "Conditional release". See Section 11-9.2. | ||||||
21 | "Consent" means a freely given agreement to the act of | ||||||
22 | sexual penetration or sexual conduct in question. Lack of | ||||||
23 | verbal or physical resistance or submission by the victim | ||||||
24 | resulting from the use of force or threat of force by the | ||||||
25 | accused shall not constitute consent. The manner of dress of | ||||||
26 | the victim at the time of the offense shall not constitute |
| |||||||
| |||||||
1 | consent. | ||||||
2 | "Custody". See Section 11-9.2. | ||||||
3 | " Child Day care center". See Section 11-9.3. | ||||||
4 | "Depict by computer". See Section 11-20.1. | ||||||
5 | "Depiction by computer". See Section 11-20.1. | ||||||
6 | "Disseminate". See Section 11-20.1. | ||||||
7 | "Distribute". See Section 11-21. | ||||||
8 | "Family member" means a parent, grandparent, child, aunt, | ||||||
9 | uncle, great-aunt, or great-uncle, whether by whole blood, | ||||||
10 | half-blood, or adoption, and includes a step-grandparent, | ||||||
11 | step-parent, or step-child. "Family member" also means, if the | ||||||
12 | victim is a child under 18 years of age, an accused who has | ||||||
13 | resided in the household with the child continuously for at | ||||||
14 | least 6 months. | ||||||
15 | "Force or threat of force" means the use of force or | ||||||
16 | violence or the threat of force or violence, including, but | ||||||
17 | not limited to, the following situations: | ||||||
18 | (1) when the accused threatens to use force or | ||||||
19 | violence on the victim or on any other person, and the | ||||||
20 | victim under the circumstances reasonably believes that | ||||||
21 | the accused has the ability to execute that threat; or | ||||||
22 | (2) when the accused overcomes the victim by use of | ||||||
23 | superior strength or size, physical restraint, or physical | ||||||
24 | confinement. | ||||||
25 | "Harmful to minors". See Section 11-21. | ||||||
26 | "Loiter". See Section 9.3. |
| |||||||
| |||||||
1 | "Material". See Section 11-21. | ||||||
2 | "Minor". See Section 11-21. | ||||||
3 | "Nudity". See Section 11-21. | ||||||
4 | "Obscene". See Section 11-20. | ||||||
5 | "Part day child care facility". See Section 11-9.3. | ||||||
6 | "Penal system". See Section 11-9.2. | ||||||
7 | "Person responsible for the child's welfare". See Section | ||||||
8 | 11-9.1A. | ||||||
9 | "Person with a disability". See Section 11-9.5. | ||||||
10 | "Playground". See Section 11-9.3. | ||||||
11 | "Probation officer". See Section 11-9.2. | ||||||
12 | "Produce". See Section 11-20.1. | ||||||
13 | "Profit from prostitution" means, when acting other than | ||||||
14 | as a prostitute, to receive anything of value for personally | ||||||
15 | rendered prostitution services or to receive anything of value | ||||||
16 | from a prostitute, if the thing received is not for lawful | ||||||
17 | consideration and the person knows it was earned in whole or in | ||||||
18 | part from the practice of prostitution. | ||||||
19 | "Public park". See Section 11-9.3. | ||||||
20 | "Public place". See Section 11-30. | ||||||
21 | "Reproduce". See Section 11-20.1. | ||||||
22 | "Sado-masochistic abuse". See Section 11-21. | ||||||
23 | "School". See Section 11-9.3. | ||||||
24 | "School official". See Section 11-9.3. | ||||||
25 | "Sexual abuse". See Section 11-9.1A. | ||||||
26 | "Sexual act". See Section 11-9.1. |
| |||||||
| |||||||
1 | "Sexual conduct" means any knowing touching or fondling by | ||||||
2 | the victim or the accused, either directly or through | ||||||
3 | clothing, of the sex organs, anus, or breast of the victim or | ||||||
4 | the accused, or any part of the body of a child under 13 years | ||||||
5 | of age, or any transfer or transmission of semen by the accused | ||||||
6 | upon any part of the clothed or unclothed body of the victim, | ||||||
7 | for the purpose of sexual gratification or arousal of the | ||||||
8 | victim or the accused. | ||||||
9 | "Sexual excitement". See Section 11-21. | ||||||
10 | "Sexual penetration" means any contact, however slight, | ||||||
11 | between the sex organ or anus of one person and an object or | ||||||
12 | the sex organ, mouth, or anus of another person, or any | ||||||
13 | intrusion, however slight, of any part of the body of one | ||||||
14 | person or of any animal or object into the sex organ or anus of | ||||||
15 | another person, including, but not limited to, cunnilingus, | ||||||
16 | fellatio, or anal penetration. Evidence of emission of semen | ||||||
17 | is not required to prove sexual penetration. | ||||||
18 | "Solicit". See Section 11-6. | ||||||
19 | "State-operated facility". See Section 11-9.5. | ||||||
20 | "Supervising officer". See Section 11-9.2. | ||||||
21 | "Surveillance agent". See Section 11-9.2. | ||||||
22 | "Treatment and detention facility". See Section 11-9.2. | ||||||
23 | "Unable to give knowing consent" includes when the accused | ||||||
24 | administers any intoxicating or anesthetic substance, or any | ||||||
25 | controlled substance causing the victim to become unconscious | ||||||
26 | of the nature of the act and this condition was known, or |
| |||||||
| |||||||
1 | reasonably should have been known by the accused. "Unable to | ||||||
2 | give knowing consent" also includes when the victim has taken | ||||||
3 | an intoxicating substance or any controlled substance causing | ||||||
4 | the victim to become unconscious of the nature of the act, and | ||||||
5 | this condition was known or reasonably should have been known | ||||||
6 | by the accused, but the accused did not provide or administer | ||||||
7 | the intoxicating substance. As used in this paragraph, | ||||||
8 | "unconscious of the nature of the act" means incapable of | ||||||
9 | resisting because the victim meets any one of the following | ||||||
10 | conditions: | ||||||
11 | (1) was unconscious or asleep; | ||||||
12 | (2) was not aware, knowing, perceiving, or cognizant | ||||||
13 | that the act occurred; | ||||||
14 | (3) was not aware, knowing, perceiving, or cognizant | ||||||
15 | of the essential characteristics of the act due to the | ||||||
16 | perpetrator's fraud in fact; or | ||||||
17 | (4) was not aware, knowing, perceiving, or cognizant | ||||||
18 | of the essential characteristics of the act due to the | ||||||
19 | perpetrator's fraudulent representation that the sexual | ||||||
20 | penetration served a professional purpose when it served | ||||||
21 | no professional purpose. | ||||||
22 | A victim is presumed "unable to give knowing consent" when | ||||||
23 | the victim: | ||||||
24 | (1) is committed to the care and custody or | ||||||
25 | supervision of the Illinois Department of Corrections | ||||||
26 | (IDOC) and the accused is an employee or volunteer who is |
| |||||||
| |||||||
1 | not married to the victim who knows or reasonably should | ||||||
2 | know that the victim is committed to the care and custody | ||||||
3 | or supervision of such department; | ||||||
4 | (2) is committed to or placed with the Department of | ||||||
5 | Children and Family Services (DCFS) and in residential | ||||||
6 | care, and the accused employee is not married to the | ||||||
7 | victim, and knows or reasonably should know that the | ||||||
8 | victim is committed to or placed with DCFS and in | ||||||
9 | residential care; | ||||||
10 | (3) is a client or patient and the accused is a health | ||||||
11 | care provider or mental health care provider and the | ||||||
12 | sexual conduct or sexual penetration occurs during a | ||||||
13 | treatment session, consultation, interview, or | ||||||
14 | examination; | ||||||
15 | (4) is a resident or inpatient of a residential | ||||||
16 | facility and the accused is an employee of the facility | ||||||
17 | who is not married to such resident or inpatient who | ||||||
18 | provides direct care services, case management services, | ||||||
19 | medical or other clinical services, habilitative services | ||||||
20 | or direct supervision of the residents in the facility in | ||||||
21 | which the resident resides; or an officer or other | ||||||
22 | employee, consultant, contractor or volunteer of the | ||||||
23 | residential facility, who knows or reasonably should know | ||||||
24 | that the person is a resident of such facility; or | ||||||
25 | (5) is detained or otherwise in the custody of a | ||||||
26 | police officer, peace officer, or other law enforcement |
| |||||||
| |||||||
1 | official who: (i) is detaining or maintaining custody of | ||||||
2 | such person; or (ii) knows, or reasonably should know, | ||||||
3 | that at the time of the offense, such person was detained | ||||||
4 | or in custody and the police officer, peace officer, or | ||||||
5 | other law enforcement official is not married to such | ||||||
6 | detainee. | ||||||
7 | "Victim" means a person alleging to have been subjected to | ||||||
8 | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | ||||||
9 | 11-1.50, or 11-1.60 of this Code.
| ||||||
10 | (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .)
| ||||||
11 | (720 ILCS 5/11-9.3)
| ||||||
12 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
13 | offenders prohibited; approaching, contacting, residing with, | ||||||
14 | or communicating with a child within certain places by child | ||||||
15 | sex offenders prohibited.
| ||||||
16 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
17 | present in any
school building, on real property comprising | ||||||
18 | any school, or in any conveyance
owned, leased, or contracted | ||||||
19 | by a school to transport students to or from
school or a school | ||||||
20 | related activity when persons under the age of 18 are
present | ||||||
21 | in the building, on the grounds or in
the conveyance, unless | ||||||
22 | the offender is a parent or guardian of a student attending the | ||||||
23 | school and the parent or guardian is: (i) attending a | ||||||
24 | conference at the school with school personnel to discuss the | ||||||
25 | progress of his or her child academically or socially, (ii) |
| |||||||
| |||||||
1 | participating in child review conferences in which evaluation | ||||||
2 | and placement decisions may be made with respect to his or her | ||||||
3 | child regarding special education services, or (iii) attending | ||||||
4 | conferences to discuss other student issues concerning his or | ||||||
5 | her child such as retention and promotion and notifies the | ||||||
6 | principal of the school of his or her presence at the school or | ||||||
7 | unless the
offender has permission to be present from the
| ||||||
8 | superintendent or the school board or in the case of a private | ||||||
9 | school from the
principal. In the case of a public school, if | ||||||
10 | permission is granted, the
superintendent or school board | ||||||
11 | president must inform the principal of the
school where the | ||||||
12 | sex offender will be present. Notification includes the
nature | ||||||
13 | of the sex offender's visit and the hours in which the sex | ||||||
14 | offender will
be present in the school. The sex offender is | ||||||
15 | responsible for notifying the
principal's office when he or | ||||||
16 | she arrives on school property and when he or she
departs from | ||||||
17 | school property. If the sex offender is to be present in the
| ||||||
18 | vicinity of children, the sex offender has the duty to remain | ||||||
19 | under the direct
supervision of a school official.
| ||||||
20 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
21 | be present within 100 feet of a site posted as a pick-up or | ||||||
22 | discharge stop for a conveyance owned, leased, or contracted | ||||||
23 | by a school to transport students to or from school or a school | ||||||
24 | related activity when one or more persons under the age of 18 | ||||||
25 | are present at the site.
| ||||||
26 | (a-10) It is unlawful for a child sex offender to |
| |||||||
| |||||||
1 | knowingly be present in any
public park building, a playground | ||||||
2 | or recreation area within any publicly accessible privately | ||||||
3 | owned building, or on real property comprising any public park
| ||||||
4 | when persons under the age of
18 are
present in the building or | ||||||
5 | on the grounds
and to approach, contact, or communicate with a | ||||||
6 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
7 | guardian of a person under 18 years of age present in the
| ||||||
8 | building or on the
grounds. | ||||||
9 | (b) It is unlawful for a child sex offender to knowingly | ||||||
10 | loiter within 500 feet of a school building or real property | ||||||
11 | comprising any school
while persons under the age of 18 are | ||||||
12 | present in the building or on the
grounds,
unless the offender | ||||||
13 | is a parent or guardian of a student attending the school and | ||||||
14 | the parent or guardian is: (i) attending a conference at the | ||||||
15 | school with school personnel to discuss the progress of his or | ||||||
16 | her child academically or socially, (ii) participating in | ||||||
17 | child review conferences in which evaluation and placement | ||||||
18 | decisions may be made with respect to his or her child | ||||||
19 | regarding special education services, or (iii) attending | ||||||
20 | conferences to discuss other student issues concerning his or | ||||||
21 | her child such as retention and promotion and notifies the | ||||||
22 | principal of the school of his or her presence at the school or | ||||||
23 | has permission to be present from the
superintendent or the | ||||||
24 | school board or in the case of a private school from the
| ||||||
25 | principal. In the case of a public school, if permission is | ||||||
26 | granted, the
superintendent or school board president must |
| |||||||
| |||||||
1 | inform the principal of the
school where the sex offender will | ||||||
2 | be present. Notification includes the
nature of the sex | ||||||
3 | offender's visit and the hours in which the sex offender will
| ||||||
4 | be present in the school. The sex offender is responsible for | ||||||
5 | notifying the
principal's office when he or she arrives on | ||||||
6 | school property and when he or she
departs from school | ||||||
7 | property. If the sex offender is to be present in the
vicinity | ||||||
8 | of children, the sex offender has the duty to remain under the | ||||||
9 | direct
supervision of a school official.
| ||||||
10 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
11 | loiter on a public
way within 500 feet of a public park | ||||||
12 | building or real property comprising any
public park while | ||||||
13 | persons under the age of 18 are present in the building or on | ||||||
14 | the
grounds
and to approach, contact, or communicate with a | ||||||
15 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
16 | guardian of a person under 18 years of age present in the
| ||||||
17 | building or on the grounds. | ||||||
18 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
19 | reside within
500 feet of a school building or the real | ||||||
20 | property comprising any school that
persons under the age of | ||||||
21 | 18 attend. Nothing in this subsection (b-5) prohibits
a child | ||||||
22 | sex offender from residing within 500 feet of a school | ||||||
23 | building or the
real property comprising any school that | ||||||
24 | persons under 18 attend if the
property is owned by the child | ||||||
25 | sex offender and was purchased before July 7, 2000 (the
| ||||||
26 | effective date of Public Act 91-911).
|
| |||||||
| |||||||
1 | (b-10) It is unlawful for a child sex offender to | ||||||
2 | knowingly reside within
500 feet of a playground, child care | ||||||
3 | institution, child day care center, part day child care | ||||||
4 | facility, child day care home, group child day care home, or a | ||||||
5 | facility providing programs or services
exclusively directed | ||||||
6 | toward persons under 18 years of age. Nothing in this
| ||||||
7 | subsection (b-10) prohibits a child sex offender from residing | ||||||
8 | within 500 feet
of a playground or a facility providing | ||||||
9 | programs or services exclusively
directed toward persons under | ||||||
10 | 18 years of age if the property is owned by the
child sex | ||||||
11 | offender and was purchased before July 7, 2000. Nothing in | ||||||
12 | this
subsection (b-10) prohibits a child sex offender from | ||||||
13 | residing within 500 feet
of a child care institution, child | ||||||
14 | day care center, or part day child care facility if the | ||||||
15 | property is owned by the
child sex offender and was purchased | ||||||
16 | before June 26, 2006. Nothing in this subsection (b-10) | ||||||
17 | prohibits a child sex offender from residing within 500 feet | ||||||
18 | of a child day care home or group child day care home if the | ||||||
19 | property is owned by the child sex offender and was purchased | ||||||
20 | before August 14, 2008 (the effective date of Public Act | ||||||
21 | 95-821). | ||||||
22 | (b-15) It is unlawful for a child sex offender to | ||||||
23 | knowingly reside within
500 feet of the victim of the sex | ||||||
24 | offense. Nothing in this
subsection (b-15) prohibits a child | ||||||
25 | sex offender from residing within 500 feet
of the victim if the | ||||||
26 | property in which the child sex offender resides is owned by |
| |||||||
| |||||||
1 | the
child sex offender and was purchased before August 22, | ||||||
2 | 2002. | ||||||
3 | This subsection (b-15) does not apply if the victim of the | ||||||
4 | sex offense
is 21 years of age or older. | ||||||
5 | (b-20) It is unlawful for a child sex offender to | ||||||
6 | knowingly communicate, other than for a lawful purpose under | ||||||
7 | Illinois law, using the Internet or any other digital media, | ||||||
8 | with a person under 18 years of age or with a person whom he or | ||||||
9 | she believes to be a person under 18 years of age,
unless the | ||||||
10 | offender
is a parent or guardian of the person under 18 years | ||||||
11 | of age. | ||||||
12 | (c) It is unlawful for a child sex offender to knowingly | ||||||
13 | operate, manage,
be employed by, volunteer at, be associated | ||||||
14 | with, or knowingly be present at
any: (i) facility providing
| ||||||
15 | programs or services exclusively directed toward persons under | ||||||
16 | the age of 18; (ii) child day care center; (iii) part day child | ||||||
17 | care facility; (iv) child care institution; (v) school | ||||||
18 | providing before and after school programs for children under | ||||||
19 | 18 years of age; (vi) child day care home; or (vii) group child | ||||||
20 | day care home.
This does not prohibit a child sex offender from | ||||||
21 | owning the real property upon
which the programs or services | ||||||
22 | are offered or upon which the child day care center, part day | ||||||
23 | child care facility, child care institution, or school | ||||||
24 | providing before and after school programs for children under | ||||||
25 | 18 years of age is located, provided the child sex offender
| ||||||
26 | refrains from being present on the premises for the hours |
| |||||||
| |||||||
1 | during which: (1) the
programs or services are being offered | ||||||
2 | or (2) the child day care center, part day child care facility, | ||||||
3 | child care institution, or school providing before and after | ||||||
4 | school programs for children under 18 years of age, child day | ||||||
5 | care home, or group child day care home is operated. | ||||||
6 | (c-2) It is unlawful for a child sex offender to | ||||||
7 | participate in a holiday event involving children under 18 | ||||||
8 | years of age, including but not limited to distributing candy | ||||||
9 | or other items to children on Halloween, wearing a Santa Claus | ||||||
10 | costume on or preceding Christmas, being employed as a | ||||||
11 | department store Santa Claus, or wearing an Easter Bunny | ||||||
12 | costume on or preceding Easter. For the purposes of this | ||||||
13 | subsection, child sex offender has the meaning as defined in | ||||||
14 | this Section, but does not include as a sex offense under | ||||||
15 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
16 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
17 | subsection does not apply to a child sex offender who is a | ||||||
18 | parent or guardian of children under 18 years of age that are | ||||||
19 | present in the home and other non-familial minors are not | ||||||
20 | present. | ||||||
21 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
22 | operate, manage, be employed by, or be associated with any | ||||||
23 | carnival, amusement enterprise, or county or State fair when | ||||||
24 | persons under the age of 18 are present. | ||||||
25 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
26 | resides at residential real estate to knowingly rent any |
| |||||||
| |||||||
1 | residential unit within the same building in which he or she | ||||||
2 | resides to a person who is the parent or guardian of a child or | ||||||
3 | children under 18 years of age. This subsection shall apply | ||||||
4 | only to leases or other rental arrangements entered into after | ||||||
5 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
6 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
7 | offer or provide any programs or services to persons under 18 | ||||||
8 | years of age in his or her residence or the residence of | ||||||
9 | another or in any facility for the purpose of offering or | ||||||
10 | providing such programs or services, whether such programs or | ||||||
11 | services are offered or provided by contract, agreement, | ||||||
12 | arrangement, or on a volunteer basis. | ||||||
13 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
14 | operate, whether authorized to do so or not, any of the | ||||||
15 | following vehicles: (1) a vehicle which is specifically | ||||||
16 | designed, constructed or modified and equipped to be used for | ||||||
17 | the retail sale of food or beverages, including but not | ||||||
18 | limited to an ice cream truck; (2) an authorized emergency | ||||||
19 | vehicle; or (3) a rescue vehicle. | ||||||
20 | (d) Definitions. In this Section:
| ||||||
21 | (1) "Child sex offender" means any person who:
| ||||||
22 | (i) has been charged under Illinois law, or any | ||||||
23 | substantially similar
federal law
or law of another | ||||||
24 | state, with a sex offense set forth in
paragraph (2) of | ||||||
25 | this subsection (d) or the attempt to commit an | ||||||
26 | included sex
offense, and the victim is a person under |
| |||||||
| |||||||
1 | 18 years of age at the time of the offense; and:
| ||||||
2 | (A) is convicted of such offense or an attempt | ||||||
3 | to commit such offense;
or
| ||||||
4 | (B) is found not guilty by reason of insanity | ||||||
5 | of such offense or an
attempt to commit such | ||||||
6 | offense; or
| ||||||
7 | (C) is found not guilty by reason of insanity | ||||||
8 | pursuant to subsection
(c) of Section 104-25 of | ||||||
9 | the Code of Criminal Procedure of 1963 of such | ||||||
10 | offense
or an attempt to commit such offense; or
| ||||||
11 | (D) is the subject of a finding not resulting | ||||||
12 | in an acquittal at a
hearing conducted pursuant to | ||||||
13 | subsection (a) of Section 104-25 of the Code of
| ||||||
14 | Criminal Procedure of 1963 for the alleged | ||||||
15 | commission or attempted commission
of such | ||||||
16 | offense; or
| ||||||
17 | (E) is found not guilty by reason of insanity | ||||||
18 | following a hearing
conducted pursuant to a | ||||||
19 | federal law or the law of another state | ||||||
20 | substantially
similar to subsection (c) of Section | ||||||
21 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
22 | of such offense or of the attempted commission of | ||||||
23 | such offense; or
| ||||||
24 | (F) is the subject of a finding not resulting | ||||||
25 | in an acquittal at a
hearing
conducted pursuant to | ||||||
26 | a federal law or the law of another state |
| |||||||
| |||||||
1 | substantially
similar to subsection (a) of Section | ||||||
2 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
3 | for the alleged violation or attempted commission | ||||||
4 | of such offense; or
| ||||||
5 | (ii) is certified as a sexually dangerous person | ||||||
6 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
7 | Act, or any substantially similar federal
law or the | ||||||
8 | law of another state, when any conduct giving rise to | ||||||
9 | such
certification is committed or attempted against a | ||||||
10 | person less than 18 years of
age; or
| ||||||
11 | (iii) is subject to the provisions of Section 2 of | ||||||
12 | the Interstate
Agreements on Sexually Dangerous | ||||||
13 | Persons Act.
| ||||||
14 | Convictions that result from or are connected with the | ||||||
15 | same act, or result
from offenses committed at the same | ||||||
16 | time, shall be counted for the purpose of
this Section as | ||||||
17 | one conviction. Any conviction set aside pursuant to law | ||||||
18 | is
not a conviction for purposes of this Section.
| ||||||
19 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
20 | "sex offense"
means:
| ||||||
21 | (i) A violation of any of the following Sections | ||||||
22 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
23 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
24 | abetting child abduction under Section 10-5(b)(10)),
| ||||||
25 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
26 | criminal sexual assault of a child), 11-6 (indecent |
| |||||||
| |||||||
1 | solicitation of a child), 11-6.5
(indecent | ||||||
2 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
3 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
4 | 11-9.5 (sexual misconduct with a person with a | ||||||
5 | disability), 11-11 (sexual relations within families), | ||||||
6 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
7 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
8 | prostitution by profiting from prostitution by | ||||||
9 | compelling a person to be a prostitute), | ||||||
10 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
11 | from prostitution by means other than as described in | ||||||
12 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
13 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
14 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
15 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
16 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
17 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
18 | to meet a minor or traveling to meet a child), 12-33 | ||||||
19 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
20 | that offense was committed in any school, on
real | ||||||
21 | property comprising any school, in any conveyance | ||||||
22 | owned,
leased, or contracted by a school to transport | ||||||
23 | students to or from school or a
school related | ||||||
24 | activity, or in a public park), 11-30 (public | ||||||
25 | indecency) (when committed in a school, on real | ||||||
26 | property
comprising a school, in any conveyance owned, |
| |||||||
| |||||||
1 | leased, or contracted by a
school to transport | ||||||
2 | students to or from school or a school related | ||||||
3 | activity, or in a public park). An attempt to commit | ||||||
4 | any of these offenses.
| ||||||
5 | (ii) A violation of any of the following Sections | ||||||
6 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
7 | 2012, when the victim is a person under 18 years of | ||||||
8 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
9 | (aggravated criminal sexual assault), 11-1.50 | ||||||
10 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
11 | sexual abuse). An attempt to commit
any of these | ||||||
12 | offenses.
| ||||||
13 | (iii) A violation of any of the following Sections | ||||||
14 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
15 | 2012, when the victim is a person under 18 years of age | ||||||
16 | and the defendant is
not a parent of the victim:
| ||||||
17 | 10-1 (kidnapping),
| ||||||
18 | 10-2 (aggravated kidnapping),
| ||||||
19 | 10-3 (unlawful restraint),
| ||||||
20 | 10-3.1 (aggravated unlawful restraint),
| ||||||
21 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
22 | An attempt to commit any of these offenses.
| ||||||
23 | (iv) A violation of any former law of this State | ||||||
24 | substantially
equivalent to any offense listed in | ||||||
25 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
2 | only, a sex offense means:
| ||||||
3 | (i) A violation of any of the following Sections | ||||||
4 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
5 | 2012:
| ||||||
6 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
7 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
8 | 11-1.40 (predatory criminal sexual assault of a | ||||||
9 | child), 11-6 (indecent solicitation of
a
child), | ||||||
10 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
11 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
12 | misconduct with a person with a disability), 11-11 | ||||||
13 | (sexual relations within families), 11-14.3(a)(1) | ||||||
14 | (promoting prostitution by advancing prostitution), | ||||||
15 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
16 | from prostitution by compelling a person to be a | ||||||
17 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
18 | by profiting from prostitution by means other than as | ||||||
19 | described in subparagraphs (A) and (B) of paragraph | ||||||
20 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
21 | (promoting juvenile prostitution), 11-18.1
| ||||||
22 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
23 | pornography), 11-20.1B (aggravated child pornography), | ||||||
24 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
25 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
26 | of a
child). An attempt
to commit any of
these |
| |||||||
| |||||||
1 | offenses.
| ||||||
2 | (ii) A violation of any of the following Sections | ||||||
3 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
4 | 2012, when the victim is a person under 18 years of | ||||||
5 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
6 | (aggravated criminal sexual assault), 11-1.60
| ||||||
7 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
8 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
9 | to commit
any of these offenses.
| ||||||
10 | (iii) A violation of any of the following Sections | ||||||
11 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
12 | 2012, when the victim is a person under 18 years of age | ||||||
13 | and the defendant is
not a parent of the victim:
| ||||||
14 | 10-1 (kidnapping),
| ||||||
15 | 10-2 (aggravated kidnapping),
| ||||||
16 | 10-3 (unlawful restraint),
| ||||||
17 | 10-3.1 (aggravated unlawful restraint),
| ||||||
18 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
19 | An attempt to commit any of these offenses.
| ||||||
20 | (iv) A violation of any former law of this State | ||||||
21 | substantially
equivalent to any offense listed in this | ||||||
22 | paragraph (2.5) of
this subsection.
| ||||||
23 | (3) A conviction for an offense of federal law or the | ||||||
24 | law of another state
that is substantially equivalent to | ||||||
25 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
26 | this Section shall constitute a conviction for the purpose |
| |||||||
| |||||||
1 | of
this Section. A finding or adjudication as a sexually | ||||||
2 | dangerous person under
any federal law or law of another | ||||||
3 | state that is substantially equivalent to the
Sexually | ||||||
4 | Dangerous Persons Act shall constitute an adjudication for | ||||||
5 | the
purposes of this Section.
| ||||||
6 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
7 | and "vehicle" have the meanings ascribed to them in | ||||||
8 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
9 | Illinois Vehicle Code. | ||||||
10 | (5) "Child care institution" has the meaning ascribed | ||||||
11 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
12 | (6) " Child Day care center" has the meaning ascribed | ||||||
13 | to it in Section 2.09 of the Child Care Act of 1969. | ||||||
14 | (7) " Child Day care home" has the meaning ascribed to | ||||||
15 | it in Section 2.18 of the Child Care Act of 1969. | ||||||
16 | (8) "Facility providing programs or services directed | ||||||
17 | towards persons under the age of 18" means any facility | ||||||
18 | providing programs or services exclusively directed | ||||||
19 | towards persons under the age of 18. | ||||||
20 | (9) "Group child day care home" has the meaning | ||||||
21 | ascribed to it in Section 2.20 of the Child Care Act of | ||||||
22 | 1969. | ||||||
23 | (10) "Internet" has the meaning set forth in Section | ||||||
24 | 16-0.1 of this Code.
| ||||||
25 | (11) "Loiter" means:
| ||||||
26 | (i) Standing, sitting idly, whether or not the |
| |||||||
| |||||||
1 | person is in a vehicle, or
remaining in or around | ||||||
2 | school or public park property.
| ||||||
3 | (ii) Standing, sitting idly, whether or not the | ||||||
4 | person is in a vehicle,
or remaining in or around | ||||||
5 | school or public park property, for the purpose of | ||||||
6 | committing or
attempting to commit a sex offense.
| ||||||
7 | (iii) Entering or remaining in a building in or | ||||||
8 | around school property, other than the offender's | ||||||
9 | residence. | ||||||
10 | (12) "Part day child care facility" has the meaning | ||||||
11 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
12 | 1969. | ||||||
13 | (13) "Playground" means a piece of land owned or | ||||||
14 | controlled by a unit
of
local government that is | ||||||
15 | designated by the unit of local government for use
solely | ||||||
16 | or primarily for children's recreation. | ||||||
17 | (14) "Public park" includes a park, forest preserve, | ||||||
18 | bikeway, trail, or
conservation
area
under the | ||||||
19 | jurisdiction of the State or a unit of local government. | ||||||
20 | (15) "School" means a public or private preschool or | ||||||
21 | elementary or secondary school. | ||||||
22 | (16) "School official"
means the principal, a teacher, | ||||||
23 | or any other certified employee of the
school, the | ||||||
24 | superintendent of schools or a member of the school board.
| ||||||
25 | (e) For the purposes of this Section, the 500 feet | ||||||
26 | distance shall be measured from: (1) the edge of the property |
| |||||||
| |||||||
1 | of the school building or the real property comprising the | ||||||
2 | school that is closest to the edge of the property of the child | ||||||
3 | sex offender's residence or where he or she is loitering, and | ||||||
4 | (2) the edge of the property comprising the public park | ||||||
5 | building or the real property comprising the public park, | ||||||
6 | playground, child care institution, child day care center, | ||||||
7 | part day child care facility, or facility providing programs | ||||||
8 | or services exclusively directed toward persons under 18 years | ||||||
9 | of age, or a victim of the sex offense who is under 21 years of | ||||||
10 | age, to the edge of the child sex offender's place of residence | ||||||
11 | or place where he or she is loitering.
| ||||||
12 | (f) Sentence. A person who violates this Section is guilty | ||||||
13 | of a Class 4
felony.
| ||||||
14 | (Source: P.A. 102-997, eff. 1-1-23 .) | ||||||
15 | (720 ILCS 5/11-24) | ||||||
16 | Sec. 11-24. Child photography by sex offender. | ||||||
17 | (a) In this Section: | ||||||
18 | "Child" means a person under 18 years of age. | ||||||
19 | "Child sex offender" has the meaning ascribed to it in
| ||||||
20 | Section 11-0.1 of this Code. | ||||||
21 | (b) It is unlawful for a child sex offender to
knowingly: | ||||||
22 | (1) conduct or operate any type of business in
which | ||||||
23 | he or she photographs, videotapes, or takes a
digital | ||||||
24 | image of a child; or | ||||||
25 | (2) conduct or operate any type of business in
which |
| |||||||
| |||||||
1 | he or she instructs or directs another person to
| ||||||
2 | photograph, videotape, or take a digital image of a
child; | ||||||
3 | or | ||||||
4 | (3) photograph, videotape, or take a digital image of | ||||||
5 | a child, or instruct or direct another person to | ||||||
6 | photograph, videotape, or take a digital image of a child | ||||||
7 | without the consent of the parent or guardian. | ||||||
8 | (c) Sentence. A violation of this Section is a Class 2
| ||||||
9 | felony. A person who violates this Section at a playground, | ||||||
10 | park facility, school, forest preserve, child day care | ||||||
11 | facility, or at a facility providing programs or services | ||||||
12 | directed to persons under 17 years of age is guilty of a Class | ||||||
13 | 1 felony.
| ||||||
14 | (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11 .)
| ||||||
15 | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| ||||||
16 | Sec. 18-1. Robbery; aggravated robbery.
| ||||||
17 | (a) Robbery. A person commits robbery when he or she | ||||||
18 | knowingly takes property, except a
motor vehicle covered by | ||||||
19 | Section 18-3 or 18-4,
from the person or presence of another by | ||||||
20 | the use of force or by
threatening the imminent use of force.
| ||||||
21 | (b) Aggravated robbery. | ||||||
22 | (1) A person commits aggravated robbery when he or she | ||||||
23 | violates subsection (a) while indicating verbally or by | ||||||
24 | his or her actions to the
victim that he or she is | ||||||
25 | presently armed with a firearm or other dangerous
weapon, |
| |||||||
| |||||||
1 | including a knife, club, ax, or bludgeon. This offense | ||||||
2 | shall be
applicable even though it is later determined | ||||||
3 | that he or she had no firearm or
other dangerous weapon, | ||||||
4 | including a knife, club, ax, or bludgeon, in
his or her | ||||||
5 | possession when he or she committed the robbery. | ||||||
6 | (2) A person commits aggravated robbery when he or she | ||||||
7 | knowingly takes property
from the person or presence of | ||||||
8 | another by delivering (by injection, inhalation,
| ||||||
9 | ingestion, transfer of possession, or any other means) to | ||||||
10 | the victim without
his or her consent, or by threat or | ||||||
11 | deception,
and for other than medical
purposes, any
| ||||||
12 | controlled substance. | ||||||
13 | (c) Sentence.
| ||||||
14 | Robbery is a Class 2 felony, unless the victim is 60 years | ||||||
15 | of age
or over or is a person with a physical disability, or | ||||||
16 | the robbery is
committed
in a school, child day care center, | ||||||
17 | child day care home, group child day care home, or part day | ||||||
18 | child care facility, or place of worship, in which case | ||||||
19 | robbery is a Class 1 felony. Aggravated robbery is a Class 1 | ||||||
20 | felony.
| ||||||
21 | (d) Regarding penalties prescribed in subsection
(c) for | ||||||
22 | violations committed in a child day care center, child day | ||||||
23 | care home, group child day care home, or part day child care | ||||||
24 | facility, the time of day, time of year, and whether
children | ||||||
25 | under 18 years of age were present in the child day care | ||||||
26 | center, child day care home, group child day care home, or part |
| |||||||
| |||||||
1 | day child care facility are irrelevant. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
| ||||||
4 | Sec. 19-1. Burglary.
| ||||||
5 | (a) A person commits burglary when without authority he or | ||||||
6 | she knowingly enters
or without authority remains within a | ||||||
7 | building, housetrailer, watercraft,
aircraft, motor vehicle, | ||||||
8 | railroad
car, freight container, or any part thereof, with | ||||||
9 | intent to commit therein a felony or theft.
This offense shall | ||||||
10 | not include the offenses set out in Section 4-102 of the
| ||||||
11 | Illinois Vehicle Code.
| ||||||
12 | (b) Sentence.
| ||||||
13 | Burglary committed in, and without causing damage to, a | ||||||
14 | watercraft, aircraft, motor vehicle, railroad car, freight | ||||||
15 | container, or any part thereof is a Class 3 felony. Burglary | ||||||
16 | committed in a building, housetrailer, or any part thereof or | ||||||
17 | while causing damage to a watercraft, aircraft, motor vehicle, | ||||||
18 | railroad car, freight container, or any part thereof is a | ||||||
19 | Class 2 felony. A burglary committed in a school, child day | ||||||
20 | care center, child day care home, group child day care home, or | ||||||
21 | part day child care facility, or place of
worship is a
Class 1 | ||||||
22 | felony, except that this provision does not apply to a child | ||||||
23 | day care center, child day care home, group child day care | ||||||
24 | home, or part day child care facility operated in a private | ||||||
25 | residence used as a dwelling.
|
| |||||||
| |||||||
1 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
2 | violations committed in a child day care center, child day | ||||||
3 | care home, group child day care home, or part day child care | ||||||
4 | facility, the time of day, time of year, and whether children | ||||||
5 | under 18 years of age were present in the child day care | ||||||
6 | center, child day care home, group child day care home, or part | ||||||
7 | day child care facility are irrelevant. | ||||||
8 | (Source: P.A. 102-546, eff. 1-1-22 .)
| ||||||
9 | (720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
| ||||||
10 | Sec. 48-1. Dog fighting. (For other provisions that may | ||||||
11 | apply to dog
fighting, see the Humane Care for Animals Act. For | ||||||
12 | provisions similar to this
Section that apply to animals other | ||||||
13 | than dogs, see in particular Section 4.01
of the Humane Care | ||||||
14 | for Animals Act.)
| ||||||
15 | (a) No person may own, capture, breed, train, or lease any
| ||||||
16 | dog which he or she knows is intended for use in any
show, | ||||||
17 | exhibition, program, or other activity featuring or otherwise
| ||||||
18 | involving a fight between the dog and any other animal or | ||||||
19 | human, or the
intentional killing of any dog for the purpose of | ||||||
20 | sport, wagering, or
entertainment.
| ||||||
21 | (b) No person may promote, conduct, carry on, advertise,
| ||||||
22 | collect money for or in any other manner assist or aid in the
| ||||||
23 | presentation for purposes of sport, wagering, or entertainment | ||||||
24 | of
any show, exhibition, program, or other activity involving
| ||||||
25 | a fight between 2 or more dogs or any dog and human,
or the |
| |||||||
| |||||||
1 | intentional killing of any dog.
| ||||||
2 | (c) No person may sell or offer for sale, ship, transport,
| ||||||
3 | or otherwise move, or deliver or receive any dog which he or | ||||||
4 | she
knows has been captured, bred, or trained, or will be used,
| ||||||
5 | to fight another dog or human or be intentionally killed for
| ||||||
6 | purposes of sport, wagering, or entertainment.
| ||||||
7 | (c-5) No person may solicit a minor to violate this | ||||||
8 | Section.
| ||||||
9 | (d) No person may manufacture for sale, shipment, | ||||||
10 | transportation,
or delivery any device or equipment which he | ||||||
11 | or she knows or should know
is intended for use in any show, | ||||||
12 | exhibition, program, or other activity
featuring or otherwise | ||||||
13 | involving a fight between 2 or more dogs, or any
human and dog, | ||||||
14 | or the intentional killing of any dog for purposes of
sport, | ||||||
15 | wagering, or entertainment.
| ||||||
16 | (e) No person may own, possess, sell or offer for sale, | ||||||
17 | ship,
transport, or otherwise move any equipment or device | ||||||
18 | which he or she
knows or should know is intended for use in | ||||||
19 | connection with any show,
exhibition, program, or activity | ||||||
20 | featuring or otherwise involving a fight
between 2 or more | ||||||
21 | dogs, or any dog and human, or the intentional
killing of any | ||||||
22 | dog for purposes of sport, wagering or entertainment.
| ||||||
23 | (f) No person may knowingly make available any site, | ||||||
24 | structure, or
facility, whether enclosed or not, that he or | ||||||
25 | she knows is intended to be
used for the purpose of conducting | ||||||
26 | any show, exhibition, program, or other
activity involving a |
| |||||||
| |||||||
1 | fight between 2 or more dogs, or any dog and human, or the
| ||||||
2 | intentional killing of any dog or knowingly manufacture, | ||||||
3 | distribute, or
deliver fittings to be used in a fight between 2 | ||||||
4 | or more dogs or a dog and
human.
| ||||||
5 | (g) No person may knowingly attend or otherwise patronize | ||||||
6 | any show, exhibition,
program, or other activity featuring or | ||||||
7 | otherwise involving a fight between
2 or more dogs, or any dog | ||||||
8 | and human, or the intentional killing of
any dog for purposes | ||||||
9 | of sport, wagering, or entertainment.
| ||||||
10 | (h) No person may tie or attach or fasten any live animal | ||||||
11 | to any
machine or device propelled by any power for the purpose | ||||||
12 | of causing the
animal to be pursued by a dog or dogs. This | ||||||
13 | subsection (h) applies only
when the dog is intended to be used | ||||||
14 | in a dog fight.
| ||||||
15 | (i) Sentence.
| ||||||
16 | (1) Any person convicted of violating subsection (a), | ||||||
17 | (b), (c), or (h)
of this Section is guilty of a Class
4 | ||||||
18 | felony for a first violation and a
Class
3 felony for a | ||||||
19 | second or subsequent violation, and may be fined an
amount | ||||||
20 | not to exceed $50,000.
| ||||||
21 | (1.5) A person who knowingly owns a dog for fighting | ||||||
22 | purposes or for
producing a fight between 2 or more dogs or | ||||||
23 | a dog and human or who knowingly
offers for sale or sells a | ||||||
24 | dog bred for fighting is guilty of a Class
3 felony
and may | ||||||
25 | be fined an amount not to exceed $50,000, if the dog | ||||||
26 | participates
in a dogfight and any of the following |
| |||||||
| |||||||
1 | factors is present:
| ||||||
2 | (i) the dogfight is performed in the presence of a | ||||||
3 | person under 18
years of age;
| ||||||
4 | (ii) the dogfight is performed for the purpose of | ||||||
5 | or in the presence
of illegal wagering activity; or
| ||||||
6 | (iii) the dogfight is performed in furtherance of | ||||||
7 | streetgang related
activity as defined in Section 10 | ||||||
8 | of the Illinois Streetgang Terrorism Omnibus
| ||||||
9 | Prevention Act.
| ||||||
10 | (1.7) A person convicted of violating subsection (c-5) | ||||||
11 | of this Section
is guilty of a Class 4 felony.
| ||||||
12 | (2) Any person convicted of violating subsection (d) | ||||||
13 | or (e) of this
Section is guilty of a
Class 4 felony for a | ||||||
14 | first violation.
A second or subsequent violation of | ||||||
15 | subsection (d) or (e) of this Section
is a Class
3 felony.
| ||||||
16 | (2.5) Any person convicted of violating subsection (f) | ||||||
17 | of this Section
is guilty of a Class
4 felony. Any person | ||||||
18 | convicted of violating subsection (f) of this Section in | ||||||
19 | which the site, structure, or facility made available to | ||||||
20 | violate subsection (f) is located within 1,000 feet of a | ||||||
21 | school, public park, playground, child care institution, | ||||||
22 | child day care center, part day child care facility, child | ||||||
23 | day care home, group child day care home, or a facility | ||||||
24 | providing programs or services
exclusively directed toward | ||||||
25 | persons under 18 years of age is guilty of a Class 3 felony | ||||||
26 | for a first violation and a Class 2 felony for a second or |
| |||||||
| |||||||
1 | subsequent violation.
| ||||||
2 | (3) Any person convicted of violating subsection (g) | ||||||
3 | of this Section
is guilty of a Class 4 felony for a first | ||||||
4 | violation. A second or
subsequent violation of subsection | ||||||
5 | (g) of this Section is a Class 3 felony. If a person under | ||||||
6 | 13 years of age is present at any show, exhibition,
| ||||||
7 | program, or other activity prohibited in subsection (g), | ||||||
8 | the parent, legal guardian, or other person who is 18 | ||||||
9 | years of age or older who brings that person under 13 years | ||||||
10 | of age to that show, exhibition, program, or other | ||||||
11 | activity is guilty of a Class 3 felony for a first | ||||||
12 | violation and a Class 2 felony for a second or subsequent | ||||||
13 | violation.
| ||||||
14 | (i-5) A person who commits a felony violation of this | ||||||
15 | Section is subject to the property forfeiture provisions set | ||||||
16 | forth in Article 124B of the Code of Criminal Procedure of | ||||||
17 | 1963. | ||||||
18 | (j) Any dog or equipment involved in a violation of this | ||||||
19 | Section shall
be immediately seized and impounded under | ||||||
20 | Section 12 of the Humane Care for
Animals Act when located at | ||||||
21 | any show, exhibition, program, or other activity
featuring or | ||||||
22 | otherwise involving a dog fight for the purposes of sport,
| ||||||
23 | wagering, or entertainment.
| ||||||
24 | (k) Any vehicle or conveyance other than a common carrier | ||||||
25 | that is used
in violation of this Section shall be seized, | ||||||
26 | held, and offered for sale at
public auction by the sheriff's |
| |||||||
| |||||||
1 | department of the proper jurisdiction, and
the proceeds from | ||||||
2 | the sale shall be remitted to the general fund of the
county | ||||||
3 | where the violation took place.
| ||||||
4 | (l) Any veterinarian in this State who is presented with a | ||||||
5 | dog for treatment
of injuries or wounds resulting from | ||||||
6 | fighting where there is a reasonable
possibility that the dog | ||||||
7 | was engaged in or utilized for a fighting event for
the | ||||||
8 | purposes of sport, wagering, or entertainment shall file a | ||||||
9 | report with the
Department of Agriculture and cooperate by | ||||||
10 | furnishing the owners' names, dates,
and descriptions of the | ||||||
11 | dog or dogs involved. Any veterinarian who in good
faith | ||||||
12 | complies with the requirements of this subsection has immunity | ||||||
13 | from any
liability, civil, criminal, or otherwise, that may | ||||||
14 | result from his or her
actions. For the purposes of any | ||||||
15 | proceedings, civil or criminal, the good
faith of the | ||||||
16 | veterinarian shall be rebuttably presumed.
| ||||||
17 | (m) In addition to any other penalty provided by law, upon | ||||||
18 | conviction for
violating this Section, the court may order | ||||||
19 | that the convicted person and
persons dwelling in the same | ||||||
20 | household as the convicted person who conspired,
aided, or | ||||||
21 | abetted in the unlawful act that was the basis of the | ||||||
22 | conviction,
or who knew or should have known of the unlawful | ||||||
23 | act, may not own, harbor, or
have custody or control of any dog | ||||||
24 | or other animal for a period of time that
the court deems | ||||||
25 | reasonable.
| ||||||
26 | (n) A violation of subsection (a) of this Section may be |
| |||||||
| |||||||
1 | inferred from evidence that the accused possessed any device | ||||||
2 | or equipment described in subsection (d), (e), or (h) of this | ||||||
3 | Section, and also possessed any dog.
| ||||||
4 | (o) When no longer required for investigations or court | ||||||
5 | proceedings relating to the events described or depicted | ||||||
6 | therein, evidence relating to convictions for violations of | ||||||
7 | this Section shall be retained and made available for use in | ||||||
8 | training peace officers in detecting and identifying | ||||||
9 | violations of this Section. Such evidence shall be made | ||||||
10 | available upon request to other law enforcement agencies and | ||||||
11 | to schools certified under the Illinois Police Training Act.
| ||||||
12 | (p) For the purposes of this Section, "school" has the | ||||||
13 | meaning ascribed to it in Section 11-9.3 of this Code; and | ||||||
14 | "public park", "playground", "child care institution", " child | ||||||
15 | day care center", "part day child care facility", " child day | ||||||
16 | care home", "group child day care home", and "facility | ||||||
17 | providing programs or services
exclusively directed toward | ||||||
18 | persons under 18 years of age" have the meanings ascribed to | ||||||
19 | them in Section 11-9.4 of this Code. | ||||||
20 | (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; | ||||||
21 | 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. | ||||||
22 | 1-1-13.)
| ||||||
23 | Section 285. The Code of Criminal Procedure of 1963 is | ||||||
24 | amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22 | ||||||
25 | as follows: |
| |||||||
| |||||||
1 | (725 ILCS 5/112A-14.5) | ||||||
2 | Sec. 112A-14.5. Civil no contact order; remedies. | ||||||
3 | (a) The court may order any of the remedies listed in this | ||||||
4 | Section. The remedies listed in this Section shall be in | ||||||
5 | addition to other civil or criminal remedies available to | ||||||
6 | petitioner: | ||||||
7 | (1) prohibit the respondent from knowingly coming
| ||||||
8 | within, or knowingly remaining within, a specified | ||||||
9 | distance from the petitioner; | ||||||
10 | (2) restrain the respondent from having any contact,
| ||||||
11 | including nonphysical contact, with the petitioner | ||||||
12 | directly, indirectly, or through third parties, regardless | ||||||
13 | of whether those third parties know of the order; | ||||||
14 | (3) prohibit the respondent from knowingly coming
| ||||||
15 | within, or knowingly remaining within, a specified | ||||||
16 | distance from the petitioner's residence, school, child | ||||||
17 | day care or other specified location; | ||||||
18 | (4) order the respondent to stay away from any
| ||||||
19 | property or animal owned, possessed, leased, kept, or held | ||||||
20 | by the petitioner and forbid the respondent from taking, | ||||||
21 | transferring, encumbering, concealing, harming, or | ||||||
22 | otherwise disposing of the property or animal; and | ||||||
23 | (5) order any other injunctive relief as necessary or
| ||||||
24 | appropriate for the protection of the petitioner. | ||||||
25 | (b) When the petitioner and the respondent attend the same |
| |||||||
| |||||||
1 | public or private elementary, middle, or high school, the | ||||||
2 | court when issuing a civil no contact order and providing | ||||||
3 | relief shall consider the severity of the act, any continuing | ||||||
4 | physical danger or emotional distress to the petitioner, the | ||||||
5 | educational rights guaranteed to the petitioner and respondent | ||||||
6 | under federal and State law, the availability of a transfer of | ||||||
7 | the respondent to another school, a change of placement or a | ||||||
8 | change of program of the respondent, the expense, difficulty, | ||||||
9 | and educational disruption that would be caused by a transfer | ||||||
10 | of the respondent to another school, and any other relevant | ||||||
11 | facts of the case. The court may order that the respondent not | ||||||
12 | attend the public, private, or non-public elementary, middle, | ||||||
13 | or high school attended by the petitioner, order that the | ||||||
14 | respondent accept a change of placement or program, as | ||||||
15 | determined by the school district or private or non-public | ||||||
16 | school, or place restrictions on the respondent's movements | ||||||
17 | within the school attended by the petitioner. The respondent | ||||||
18 | bears the burden of proving by a preponderance of the evidence | ||||||
19 | that a transfer, change of placement, or change of program of | ||||||
20 | the respondent is not available. The respondent also bears the | ||||||
21 | burden of production with respect to the expense, difficulty, | ||||||
22 | and educational disruption that would be caused by a transfer | ||||||
23 | of the respondent to another school. A transfer, change of | ||||||
24 | placement, or change of program is not unavailable to the | ||||||
25 | respondent solely on the ground that the respondent does not | ||||||
26 | agree with the school district's or private or non-public |
| |||||||
| |||||||
1 | school's transfer, change of placement, or change of program | ||||||
2 | or solely on the ground that the respondent fails or refuses to | ||||||
3 | consent to or otherwise does not take an action required to | ||||||
4 | effectuate a transfer, change of placement, or change of | ||||||
5 | program. When a court orders a respondent to stay away from the | ||||||
6 | public, private, or non-public school attended by the | ||||||
7 | petitioner and the respondent requests a transfer to another | ||||||
8 | attendance center within the respondent's school district or | ||||||
9 | private or non-public school, the school district or private | ||||||
10 | or non-public school shall have sole discretion to determine | ||||||
11 | the attendance center to which the respondent is transferred. | ||||||
12 | If the court order results in a transfer of the minor | ||||||
13 | respondent to another attendance center, a change in the | ||||||
14 | respondent's placement, or a change of the respondent's | ||||||
15 | program, the parents, guardian, or legal custodian of the | ||||||
16 | respondent is responsible for transportation and other costs | ||||||
17 | associated with the transfer or change. | ||||||
18 | (c) The court may order the parents, guardian, or legal | ||||||
19 | custodian of a minor respondent to take certain actions or to | ||||||
20 | refrain from taking certain actions to ensure that the | ||||||
21 | respondent complies with the order. If the court orders a | ||||||
22 | transfer of the respondent to another school, the parents or | ||||||
23 | legal guardians of the respondent are responsible for | ||||||
24 | transportation and other costs associated with the change of | ||||||
25 | school by the respondent. | ||||||
26 | (d) Denial of a remedy may not be based, in whole or in |
| |||||||
| |||||||
1 | part, on evidence that: | ||||||
2 | (1) the respondent has cause for any use of force,
| ||||||
3 | unless that cause satisfies the standards for justifiable | ||||||
4 | use of force provided by Article 7 of the Criminal Code of | ||||||
5 | 2012; | ||||||
6 | (2) the respondent was voluntarily intoxicated; | ||||||
7 | (3) the petitioner acted in self-defense or defense
of | ||||||
8 | another, provided that, if the petitioner utilized force, | ||||||
9 | such force was justifiable under Article 7 of the Criminal | ||||||
10 | Code of 2012; | ||||||
11 | (4) the petitioner did not act in self-defense or
| ||||||
12 | defense of another; | ||||||
13 | (5) the petitioner left the residence or household to
| ||||||
14 | avoid further non-consensual sexual conduct or | ||||||
15 | non-consensual sexual penetration by the respondent; or | ||||||
16 | (6) the petitioner did not leave the residence or
| ||||||
17 | household to avoid further non-consensual sexual conduct | ||||||
18 | or non-consensual sexual penetration by the respondent. | ||||||
19 | (e) Monetary damages are not recoverable as a remedy.
| ||||||
20 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
21 | (725 ILCS 5/112A-14.7) | ||||||
22 | Sec. 112A-14.7. Stalking no contact order; remedies. | ||||||
23 | (a) The court may order any of the remedies listed in this | ||||||
24 | Section. The remedies listed in this Section shall be in | ||||||
25 | addition to other civil or criminal remedies available to |
| |||||||
| |||||||
1 | petitioner.
A stalking no contact order shall order one or | ||||||
2 | more of the following: | ||||||
3 | (1) prohibit the respondent from threatening to
commit | ||||||
4 | or committing stalking; | ||||||
5 | (2) order the respondent not to have any contact with
| ||||||
6 | the petitioner or a third person specifically named by the | ||||||
7 | court; | ||||||
8 | (3) prohibit the respondent from knowingly coming
| ||||||
9 | within, or knowingly remaining within a specified distance | ||||||
10 | of the petitioner or the petitioner's residence, school, | ||||||
11 | child care daycare , or place of employment, or any | ||||||
12 | specified place frequented by the petitioner; however, the | ||||||
13 | court may order the respondent to stay away from the | ||||||
14 | respondent's own residence, school, or place of employment | ||||||
15 | only if the respondent has been provided actual notice of | ||||||
16 | the opportunity to appear and be heard on the petition; | ||||||
17 | (4) prohibit the respondent from possessing a
Firearm | ||||||
18 | Owners Identification Card, or possessing or buying | ||||||
19 | firearms; and | ||||||
20 | (5) order other injunctive relief the court
determines | ||||||
21 | to be necessary to protect the petitioner or third party | ||||||
22 | specifically named by the court. | ||||||
23 | (b) When the petitioner and the respondent attend the same | ||||||
24 | public, private, or non-public elementary, middle, or high | ||||||
25 | school, the court when issuing a stalking no contact order and | ||||||
26 | providing relief shall consider the severity of the act, any |
| |||||||
| |||||||
1 | continuing physical danger or emotional distress to the | ||||||
2 | petitioner, the educational rights guaranteed to the | ||||||
3 | petitioner and respondent under federal and State law, the | ||||||
4 | availability of a transfer of the respondent to another | ||||||
5 | school, a change of placement or a change of program of the | ||||||
6 | respondent, the expense, difficulty, and educational | ||||||
7 | disruption that would be caused by a transfer of the | ||||||
8 | respondent to another school, and any other relevant facts of | ||||||
9 | the case. The court may order that the respondent not attend | ||||||
10 | the public, private, or non-public elementary, middle, or high | ||||||
11 | school attended by the petitioner, order that the respondent | ||||||
12 | accept a change of placement or program, as determined by the | ||||||
13 | school district or private or non-public school, or place | ||||||
14 | restrictions on the respondent's movements within the school | ||||||
15 | attended by the petitioner. The respondent bears the burden of | ||||||
16 | proving by a preponderance of the evidence that a transfer, | ||||||
17 | change of placement, or change of program of the respondent is | ||||||
18 | not available. The respondent also bears the burden of | ||||||
19 | production with respect to the expense, difficulty, and | ||||||
20 | educational disruption that would be caused by a transfer of | ||||||
21 | the respondent to another school. A transfer, change of | ||||||
22 | placement, or change of program is not unavailable to the | ||||||
23 | respondent solely on the ground that the respondent does not | ||||||
24 | agree with the school district's or private or non-public | ||||||
25 | school's transfer, change of placement, or change of program | ||||||
26 | or solely on the ground that the respondent fails or refuses to |
| |||||||
| |||||||
1 | consent to or otherwise does not take an action required to | ||||||
2 | effectuate a transfer, change of placement, or change of | ||||||
3 | program. When a court orders a respondent to stay away from the | ||||||
4 | public, private, or non-public school attended by the | ||||||
5 | petitioner and the respondent requests a transfer to another | ||||||
6 | attendance center within the respondent's school district or | ||||||
7 | private or non-public school, the school district or private | ||||||
8 | or non-public school shall have sole discretion to determine | ||||||
9 | the attendance center to which the respondent is transferred. | ||||||
10 | If the court order results in a transfer of the minor | ||||||
11 | respondent to another attendance center, a change in the | ||||||
12 | respondent's placement, or a change of the respondent's | ||||||
13 | program, the parents, guardian, or legal custodian of the | ||||||
14 | respondent is responsible for transportation and other costs | ||||||
15 | associated with the transfer or change. | ||||||
16 | (c) The court may order the parents, guardian, or legal | ||||||
17 | custodian of a minor respondent to take certain actions or to | ||||||
18 | refrain from taking certain actions to ensure that the | ||||||
19 | respondent complies with the order. If the court orders a | ||||||
20 | transfer of the respondent to another school, the parents, | ||||||
21 | guardian, or legal custodian of the respondent are responsible | ||||||
22 | for transportation and other costs associated with the change | ||||||
23 | of school by the respondent. | ||||||
24 | (d) The court shall not hold a school district or private | ||||||
25 | or non-public school or any of its employees in civil or | ||||||
26 | criminal contempt unless the school district or private or |
| |||||||
| |||||||
1 | non-public school has been allowed to intervene. | ||||||
2 | (e) The court may hold the parents, guardian, or legal | ||||||
3 | custodian of a minor respondent in civil or criminal contempt | ||||||
4 | for a violation of any provision of any order entered under | ||||||
5 | this Article for conduct of the minor respondent in violation | ||||||
6 | of this Article if the parents, guardian, or legal custodian | ||||||
7 | directed, encouraged, or assisted the respondent minor in the | ||||||
8 | conduct. | ||||||
9 | (f) Monetary damages are not recoverable as a remedy. | ||||||
10 | (g) If the stalking no contact order prohibits the | ||||||
11 | respondent from possessing a Firearm Owner's Identification | ||||||
12 | Card, or possessing or buying firearms; the court shall | ||||||
13 | confiscate the respondent's Firearm Owner's Identification | ||||||
14 | Card and immediately return the card to the Illinois State | ||||||
15 | Police Firearm Owner's Identification Card Office.
| ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
17 | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||||||
18 | Sec. 112A-22. Notice of orders.
| ||||||
19 | (a) Entry and issuance. Upon issuance
of any protective | ||||||
20 | order, the clerk shall
immediately, or on the next court day if | ||||||
21 | an ex parte order is issued under subsection (e) of Section | ||||||
22 | 112A-17.5 of this Code,
(i) enter the order on the record and | ||||||
23 | file it
in accordance with the circuit court
procedures and | ||||||
24 | (ii) provide a file stamped copy of the order to
respondent and | ||||||
25 | to petitioner, if present, and to the State's Attorney. If the |
| |||||||
| |||||||
1 | victim is not present the State's Attorney shall (i) as soon as | ||||||
2 | practicable notify the petitioner the order has been entered | ||||||
3 | and (ii) provide a file stamped copy of the order to the | ||||||
4 | petitioner within 3 days.
| ||||||
5 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
6 | shall, on the same day that a protective order is
issued, file | ||||||
7 | a copy of that order with the sheriff or other law enforcement
| ||||||
8 | officials charged with maintaining Illinois State Police | ||||||
9 | records or charged with serving the order upon respondent. If | ||||||
10 | the order was issued under subsection (e) of Section 112A-17.5 | ||||||
11 | of this Code, the clerk on the next court day shall file a | ||||||
12 | certified copy of the order with the sheriff or other law | ||||||
13 | enforcement officials charged with maintaining Illinois State | ||||||
14 | Police records.
| ||||||
15 | (c) (Blank).
| ||||||
16 | (c-2) Service by sheriff. Unless respondent was present in | ||||||
17 | court when the order was issued, the sheriff, other law | ||||||
18 | enforcement official, or special process server shall promptly | ||||||
19 | serve that order upon respondent and file proof of the | ||||||
20 | service, in the manner provided for service of process in | ||||||
21 | civil proceedings. Instead of serving the order upon the | ||||||
22 | respondent; however, the sheriff, other law enforcement | ||||||
23 | official, special process server, or other persons defined in | ||||||
24 | Section 112A-22.1 of this Code may serve the respondent with a | ||||||
25 | short form notification as provided in Section 112A-22.1 of | ||||||
26 | this Code. If process has not yet been served upon the |
| |||||||
| |||||||
1 | respondent, process shall be served with the order or short | ||||||
2 | form notification if the service is made by the sheriff, other | ||||||
3 | law enforcement official, or special process server. | ||||||
4 | (c-3) If the person against whom the protective order is | ||||||
5 | issued is arrested and the written order is issued under | ||||||
6 | subsection (e) of Section 112A-17.5 of this Code and received | ||||||
7 | by the custodial law enforcement agency before the respondent | ||||||
8 | or arrestee is released from custody, the custodial law | ||||||
9 | enforcement agency shall promptly serve the order upon the | ||||||
10 | respondent or arrestee before the respondent or arrestee is | ||||||
11 | released from custody. In no event shall detention of the | ||||||
12 | respondent or arrestee be extended for a hearing on the | ||||||
13 | petition for protective order or receipt of the order issued | ||||||
14 | under Section 112A-17 of this Code. | ||||||
15 | (c-4) Extensions, modifications, and revocations. Any | ||||||
16 | order extending, modifying, or revoking any protective order | ||||||
17 | shall be promptly recorded, issued, and served as provided in | ||||||
18 | this Section. | ||||||
19 | (c-5) (Blank).
| ||||||
20 | (d) (Blank).
| ||||||
21 | (e) Notice to health care facilities and health care | ||||||
22 | practitioners. Upon the request of the petitioner, the clerk | ||||||
23 | of the circuit court shall send a certified copy of the | ||||||
24 | protective order to any specified health care facility or | ||||||
25 | health care practitioner requested by the petitioner at the | ||||||
26 | mailing address provided by the petitioner. |
| |||||||
| |||||||
1 | (f) Disclosure by health care facilities and health care | ||||||
2 | practitioners. After receiving a certified copy of a | ||||||
3 | protective order that prohibits a respondent's access to | ||||||
4 | records, no health care facility or health care practitioner | ||||||
5 | shall allow a respondent access to the records of any child who | ||||||
6 | is a protected person under the protective order, or release | ||||||
7 | information in those records to the respondent, unless the | ||||||
8 | order has expired or the respondent shows a certified copy of | ||||||
9 | the court order vacating the corresponding protective order | ||||||
10 | that was sent to the health care facility or practitioner. | ||||||
11 | Nothing in this Section shall be construed to require health
| ||||||
12 | care facilities or health care practitioners to alter | ||||||
13 | procedures related to billing and payment. The health care | ||||||
14 | facility or health care practitioner may file the copy of the | ||||||
15 | protective order in the records of a child who is a protected | ||||||
16 | person under the protective order, or may employ any other | ||||||
17 | method to identify the records to which a respondent is | ||||||
18 | prohibited access. No health care facility or health care | ||||||
19 | practitioner shall be civilly or professionally liable for
| ||||||
20 | reliance on a copy of a protective order, except for willful | ||||||
21 | and wanton misconduct. | ||||||
22 | (g) Notice to schools. Upon the request of the petitioner, | ||||||
23 | within 24
hours of the issuance of a protective order, the | ||||||
24 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
25 | protective order to the child care day-care facility,
| ||||||
26 | pre-school or pre-kindergarten, or private school or the |
| |||||||
| |||||||
1 | principal
office of the public school district or any college | ||||||
2 | or university in which any child who
is a protected person | ||||||
3 | under the protective order or any child
of
the
petitioner is | ||||||
4 | enrolled as requested by the petitioner at the mailing address | ||||||
5 | provided by the petitioner.
If the child transfers enrollment | ||||||
6 | to another child care day-care facility, pre-school,
| ||||||
7 | pre-kindergarten,
private school, public school, college, or | ||||||
8 | university, the petitioner may,
within 24 hours
of the | ||||||
9 | transfer, send to the clerk written notice of the transfer, | ||||||
10 | including
the name and
address of the institution to which the | ||||||
11 | child is transferring.
Within 24 hours of receipt of notice
| ||||||
12 | from the petitioner that a child is transferring to another | ||||||
13 | child care day-care facility,
pre-school, pre-kindergarten, | ||||||
14 | private school, public school, college, or
university, the | ||||||
15 | clerk shall send a certified copy of the order to the | ||||||
16 | institution to which the child
is
transferring. | ||||||
17 | (h) Disclosure by schools. After receiving a certified | ||||||
18 | copy of a protective order that prohibits a respondent's | ||||||
19 | access to records, neither a child care
day-care facility, | ||||||
20 | pre-school, pre-kindergarten, public
or private school, | ||||||
21 | college, or university nor its employees shall allow a
| ||||||
22 | respondent access to a
protected child's records or release | ||||||
23 | information in those records to the
respondent. The school | ||||||
24 | shall file
the copy of the protective order in the records of a | ||||||
25 | child who
is a protected person under the order. When a child | ||||||
26 | who is a
protected person under the protective order transfers |
| |||||||
| |||||||
1 | to another child care day-care
facility, pre-school, | ||||||
2 | pre-kindergarten, public or private school, college, or
| ||||||
3 | university, the institution from which the child is | ||||||
4 | transferring may, at the
request of the petitioner, provide,
| ||||||
5 | within 24 hours of the transfer, written notice of the | ||||||
6 | protective order,
along with a certified copy of the order, to | ||||||
7 | the institution to which the child
is
transferring. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
9 | Section 290. The Sexually Violent Persons Commitment Act | ||||||
10 | is amended by changing Section 40 as follows: | ||||||
11 | (725 ILCS 207/40)
| ||||||
12 | Sec. 40. Commitment.
| ||||||
13 | (a) If a court or jury determines that the person who is | ||||||
14 | the
subject of a petition under Section 15 of this Act is a | ||||||
15 | sexually
violent person, the court shall order the person to | ||||||
16 | be committed
to the custody of the Department for control, | ||||||
17 | care and treatment
until such time as the person is no longer a | ||||||
18 | sexually violent
person.
| ||||||
19 | (b)(1) The court shall enter an initial commitment order | ||||||
20 | under
this Section pursuant to a hearing held as soon as | ||||||
21 | practicable
after the judgment is entered that the person who | ||||||
22 | is the subject of a
petition under Section 15 is a sexually | ||||||
23 | violent person.
If the court lacks sufficient information to | ||||||
24 | make the
determination required by paragraph (b)(2) of this |
| |||||||
| |||||||
1 | Section
immediately after trial, it may adjourn the hearing | ||||||
2 | and order the
Department to conduct a predisposition | ||||||
3 | investigation or a
supplementary mental examination, or both, | ||||||
4 | to assist the court in
framing the commitment order. If the | ||||||
5 | Department's examining evaluator previously rendered an | ||||||
6 | opinion that the person who is the subject of a petition under | ||||||
7 | Section 15 does not meet the criteria to be found a sexually | ||||||
8 | violent person, then another evaluator shall conduct the | ||||||
9 | predisposition investigation and/or supplementary mental | ||||||
10 | examination. A supplementary mental examination
under this | ||||||
11 | Section shall be conducted in accordance with Section
3-804 of | ||||||
12 | the Mental Health and Developmental Disabilities Code.
The | ||||||
13 | State has the right to have the person evaluated by experts | ||||||
14 | chosen by the State.
| ||||||
15 | (2) An order for commitment under this Section shall | ||||||
16 | specify
either institutional care in a secure facility, as | ||||||
17 | provided under
Section 50 of this Act, or conditional release. | ||||||
18 | In determining
whether commitment shall be for institutional | ||||||
19 | care in a secure
facility or for conditional release, the | ||||||
20 | court shall consider the
nature and circumstances of the | ||||||
21 | behavior that was the basis of the
allegation in the petition | ||||||
22 | under paragraph (b)(1) of Section 15, the person's
mental | ||||||
23 | history and present mental condition, and what
arrangements | ||||||
24 | are available to ensure that the person has access to
and will | ||||||
25 | participate in necessary treatment.
All treatment, whether in | ||||||
26 | institutional care, in a secure facility, or while
on
|
| |||||||
| |||||||
1 | conditional release, shall be conducted in conformance
with | ||||||
2 | the standards developed under the Sex Offender Management | ||||||
3 | Board
Act and conducted by a treatment provider licensed under | ||||||
4 | the Sex Offender Evaluation and Treatment Provider Act.
The | ||||||
5 | Department shall
arrange for control, care and treatment of | ||||||
6 | the person in the least
restrictive manner consistent with the | ||||||
7 | requirements of the person
and in accordance with the court's | ||||||
8 | commitment order.
| ||||||
9 | (3) If the court finds that the person is appropriate for
| ||||||
10 | conditional release, the court shall notify the Department. | ||||||
11 | The
Department shall prepare a plan that identifies the | ||||||
12 | treatment and
services, if any, that the person will receive | ||||||
13 | in the community.
The plan shall address the person's need, if | ||||||
14 | any, for
supervision, counseling, medication, community | ||||||
15 | support services,
residential services, vocational services, | ||||||
16 | and alcohol or other
drug abuse treatment. The Department may | ||||||
17 | contract with a county
health department, with another public | ||||||
18 | agency or with a private
agency to provide the treatment and | ||||||
19 | services identified in the
plan. The plan shall specify who | ||||||
20 | will be responsible for
providing the treatment and services | ||||||
21 | identified in the plan. The
plan shall be presented to the | ||||||
22 | court for its approval within 60
days after the court finding | ||||||
23 | that the person is appropriate for
conditional release, unless | ||||||
24 | the Department and the person to be
released request | ||||||
25 | additional time to develop the plan.
The conditional release | ||||||
26 | program operated under this Section is not
subject to the |
| |||||||
| |||||||
1 | provisions of the Mental Health and Developmental Disabilities
| ||||||
2 | Confidentiality Act.
| ||||||
3 | (4) An order for conditional release places the person in
| ||||||
4 | the custody and control of the Department. A person on
| ||||||
5 | conditional release is subject to the conditions set by the | ||||||
6 | court
and to the rules of the Department. Before a person is | ||||||
7 | placed on
conditional release by the court under this Section, | ||||||
8 | the court
shall so notify the municipal police department and | ||||||
9 | county sheriff
for the municipality and county in which the | ||||||
10 | person will be
residing. The notification requirement under | ||||||
11 | this Section does
not apply if a municipal police department | ||||||
12 | or county sheriff
submits to the court a written statement | ||||||
13 | waiving the right to be
notified. Notwithstanding any other | ||||||
14 | provision in the Act, the person being supervised on | ||||||
15 | conditional release shall not reside at the same street | ||||||
16 | address as another sex offender being supervised on | ||||||
17 | conditional release under this Act, mandatory supervised | ||||||
18 | release, parole, aftercare release, probation, or any other | ||||||
19 | manner of supervision. If the Department alleges that a | ||||||
20 | released person has
violated any condition or rule, or that | ||||||
21 | the safety of others
requires that conditional release be | ||||||
22 | revoked, he or she may be
taken into custody under the rules of | ||||||
23 | the Department.
| ||||||
24 | At any time during which the person is on conditional | ||||||
25 | release, if the
Department determines that the person has | ||||||
26 | violated any condition or rule, or
that the safety of others |
| |||||||
| |||||||
1 | requires that conditional release be revoked, the
Department | ||||||
2 | may request the Attorney General or State's Attorney to | ||||||
3 | request the
court to issue an emergency ex parte order | ||||||
4 | directing any law enforcement
officer
to take the person into | ||||||
5 | custody and transport the person to the county jail.
The | ||||||
6 | Department may request, or the Attorney General or State's | ||||||
7 | Attorney may
request independently of the Department, that a | ||||||
8 | petition to revoke conditional
release be filed. When a | ||||||
9 | petition is filed, the court may order the Department
to issue | ||||||
10 | a notice to the person to be present at the Department or other
| ||||||
11 | agency designated by the court, order a summons to the person | ||||||
12 | to be present, or
order a body attachment for all law | ||||||
13 | enforcement officers to take the person
into custody and | ||||||
14 | transport him or her to the county jail, hospital, or
| ||||||
15 | treatment
facility.
The
Department shall submit a statement | ||||||
16 | showing probable cause of the
detention and a petition to | ||||||
17 | revoke the order for conditional
release to the committing | ||||||
18 | court within 48 hours after the
detention. The court shall | ||||||
19 | hear the petition within 30 days,
unless the hearing or time | ||||||
20 | deadline is waived by the detained
person. Pending the | ||||||
21 | revocation hearing, the Department may detain
the person in a | ||||||
22 | jail, in a hospital or treatment facility. The
State has the | ||||||
23 | burden of proving by clear and convincing evidence
that any | ||||||
24 | rule or condition of release has been violated, or that
the | ||||||
25 | safety of others requires that the conditional release be
| ||||||
26 | revoked. If the court determines after hearing that any rule |
| |||||||
| |||||||
1 | or
condition of release has been violated, or that the safety | ||||||
2 | of
others requires that conditional release be revoked, it may | ||||||
3 | revoke
the order for conditional release and order that the | ||||||
4 | released
person be placed in an appropriate institution until | ||||||
5 | the person is
discharged from the commitment under Section 65 | ||||||
6 | of this Act or
until again placed on conditional release under | ||||||
7 | Section 60 of this
Act.
| ||||||
8 | (5) An order for conditional release places the person in | ||||||
9 | the custody,
care, and control of the Department. The court | ||||||
10 | shall order the person be
subject to the following rules of | ||||||
11 | conditional release, in addition to any other
conditions | ||||||
12 | ordered, and the person shall be given a certificate setting | ||||||
13 | forth
the
conditions of conditional release. These conditions | ||||||
14 | shall be that the person:
| ||||||
15 | (A) not violate any criminal statute of any | ||||||
16 | jurisdiction;
| ||||||
17 | (B) report to or appear in person before such person | ||||||
18 | or agency as
directed by the court and the Department;
| ||||||
19 | (C) refrain from possession of a firearm or other | ||||||
20 | dangerous weapon;
| ||||||
21 | (D) not leave the State without the consent of the | ||||||
22 | court or, in
circumstances in which the reason for the | ||||||
23 | absence is of such an emergency
nature, that prior consent | ||||||
24 | by the court is not possible without the prior
| ||||||
25 | notification and approval of the Department;
| ||||||
26 | (E) at the direction of the Department, notify third |
| |||||||
| |||||||
1 | parties of the
risks that may be occasioned by his or her | ||||||
2 | criminal record or sexual offending
history or | ||||||
3 | characteristics, and permit the supervising officer or | ||||||
4 | agent to make
the
notification requirement;
| ||||||
5 | (F) attend and fully participate in assessment, | ||||||
6 | treatment, and behavior
monitoring including, but not | ||||||
7 | limited to, medical, psychological or psychiatric
| ||||||
8 | treatment specific to sexual offending, drug addiction, or | ||||||
9 | alcoholism, to the
extent appropriate to the person based | ||||||
10 | upon the recommendation and findings
made in the | ||||||
11 | Department evaluation or based upon any subsequent | ||||||
12 | recommendations
by the Department;
| ||||||
13 | (G) waive confidentiality allowing the court and | ||||||
14 | Department access to
assessment or treatment results or | ||||||
15 | both;
| ||||||
16 | (H) work regularly at a Department approved occupation | ||||||
17 | or pursue a
course of study or vocational training and | ||||||
18 | notify the Department within
72 hours of any change in | ||||||
19 | employment, study, or training;
| ||||||
20 | (I) not be employed or participate in any volunteer | ||||||
21 | activity that
involves contact with children, except under | ||||||
22 | circumstances approved in advance
and in writing by the | ||||||
23 | Department officer;
| ||||||
24 | (J) submit to the search of his or her person, | ||||||
25 | residence, vehicle, or
any personal or
real property under | ||||||
26 | his or her control at any time by the Department;
|
| |||||||
| |||||||
1 | (K) financially support his or her dependents and | ||||||
2 | provide the Department
access
to any requested financial | ||||||
3 | information;
| ||||||
4 | (L) serve a term of home confinement, the conditions | ||||||
5 | of which shall be
that the person:
| ||||||
6 | (i) remain within the interior premises of the | ||||||
7 | place designated for
his or her confinement during the | ||||||
8 | hours designated by the Department;
| ||||||
9 | (ii) admit any person or agent designated by the | ||||||
10 | Department into the
offender's place of confinement at | ||||||
11 | any time for purposes of verifying the
person's | ||||||
12 | compliance with the condition of his or her | ||||||
13 | confinement;
| ||||||
14 | (iii) if deemed necessary by the Department, be | ||||||
15 | placed on an
electronic monitoring device;
| ||||||
16 | (M) comply with the terms and conditions of an order | ||||||
17 | of protection
issued by the court pursuant to the Illinois | ||||||
18 | Domestic Violence Act of 1986. A
copy of the order of | ||||||
19 | protection shall be
transmitted to the Department by the | ||||||
20 | clerk of the court;
| ||||||
21 | (N) refrain from entering into a designated geographic | ||||||
22 | area except upon
terms the Department finds appropriate. | ||||||
23 | The terms may include
consideration of the purpose of the | ||||||
24 | entry, the time of day, others accompanying
the person, | ||||||
25 | and advance approval by the Department;
| ||||||
26 | (O) refrain from having any contact, including written |
| |||||||
| |||||||
1 | or oral
communications, directly or indirectly, with | ||||||
2 | certain specified persons
including, but not limited to, | ||||||
3 | the victim or the victim's family, and
report any | ||||||
4 | incidental contact with the victim or the victim's family | ||||||
5 | to
the Department within 72 hours; refrain from entering | ||||||
6 | onto the premises of,
traveling
past,
or loitering near | ||||||
7 | the victim's residence, place of employment, or other | ||||||
8 | places
frequented by the victim;
| ||||||
9 | (P) refrain from having any contact, including written | ||||||
10 | or oral
communications, directly or indirectly, with | ||||||
11 | particular types of persons,
including but not limited to | ||||||
12 | members of street gangs, drug users, drug dealers,
or | ||||||
13 | prostitutes;
| ||||||
14 | (Q) refrain from all contact, direct or indirect, | ||||||
15 | personally, by
telephone, letter, or through another | ||||||
16 | person, with minor children without prior
identification | ||||||
17 | and approval of the Department;
| ||||||
18 | (R) refrain from having in his or her body the | ||||||
19 | presence of alcohol
or any illicit drug prohibited by the | ||||||
20 | Cannabis Control Act, the
Illinois
Controlled Substances | ||||||
21 | Act, or the Methamphetamine Control and Community | ||||||
22 | Protection Act, unless prescribed by a physician, and | ||||||
23 | submit samples
of his or her breath, saliva, blood, or | ||||||
24 | urine
for tests to determine the
presence of alcohol or | ||||||
25 | any illicit drug;
| ||||||
26 | (S) not establish a dating, intimate, or sexual |
| |||||||
| |||||||
1 | relationship with a
person without prior written | ||||||
2 | notification to the Department;
| ||||||
3 | (T) neither possess or have under his or her control | ||||||
4 | any material that
is
pornographic, sexually oriented, or | ||||||
5 | sexually stimulating, or that depicts or
alludes to sexual | ||||||
6 | activity or depicts minors under the age of 18, including | ||||||
7 | but
not limited to visual, auditory, telephonic, | ||||||
8 | electronic media, or any matter
obtained through access to | ||||||
9 | any computer or material linked to computer access
use;
| ||||||
10 | (U) not patronize any business providing sexually | ||||||
11 | stimulating or
sexually oriented entertainment nor utilize | ||||||
12 | "900" or
adult telephone numbers or any other sex-related | ||||||
13 | telephone numbers;
| ||||||
14 | (V) not reside near, visit, or be in or about parks, | ||||||
15 | schools, child day care
centers, swimming pools, beaches, | ||||||
16 | theaters, or any other places where minor
children | ||||||
17 | congregate without advance approval of the Department and | ||||||
18 | report any
incidental contact with minor children to the | ||||||
19 | Department within 72 hours;
| ||||||
20 | (W) not establish any living arrangement or residence | ||||||
21 | without prior
approval of the Department;
| ||||||
22 | (X) not publish any materials or print any | ||||||
23 | advertisements without
providing a copy of the proposed | ||||||
24 | publications to the Department officer and
obtaining
| ||||||
25 | permission prior to publication;
| ||||||
26 | (Y) not leave the county except with prior permission |
| |||||||
| |||||||
1 | of the Department
and provide the Department officer or | ||||||
2 | agent with written travel routes to and
from work and any | ||||||
3 | other designated destinations;
| ||||||
4 | (Z) not possess or have under his or her control | ||||||
5 | certain specified items
of
contraband related to the | ||||||
6 | incidence of sexually offending items including video
or
| ||||||
7 | still camera items or children's toys;
| ||||||
8 | (AA) provide a written daily log of activities as | ||||||
9 | directed by the
Department;
| ||||||
10 | (BB) comply with all other special conditions that the | ||||||
11 | Department may
impose that restrict the person from | ||||||
12 | high-risk situations and limit access or
potential | ||||||
13 | victims.
| ||||||
14 | (6) A person placed on conditional release and who during | ||||||
15 | the term
undergoes mandatory drug or alcohol testing or is | ||||||
16 | assigned to be
placed on an approved electronic monitoring | ||||||
17 | device may be ordered to pay all
costs incidental to the | ||||||
18 | mandatory drug or alcohol testing and all
costs incidental to | ||||||
19 | the approved electronic monitoring in accordance with the
| ||||||
20 | person's ability to pay those costs. The Department may | ||||||
21 | establish reasonable
fees for the cost of maintenance, | ||||||
22 | testing, and incidental expenses related to
the mandatory drug | ||||||
23 | or alcohol testing and all costs incidental to
approved | ||||||
24 | electronic monitoring.
| ||||||
25 | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. | ||||||
26 | 98-612 for the effective date of P.A. 97-1098); 98-558, eff. |
| |||||||
| |||||||
1 | 1-1-14 .)
| ||||||
2 | Section 295. The Unified Code of Corrections is amended by | ||||||
3 | changing Sections 3-2.5-95, 3-3-7, and 5-5-3.2 as follows: | ||||||
4 | (730 ILCS 5/3-2.5-95) | ||||||
5 | Sec. 3-2.5-95. Conditions of aftercare release. | ||||||
6 | (a) The conditions of aftercare release for all youth | ||||||
7 | committed to the Department under the Juvenile Court Act of | ||||||
8 | 1987 shall be such as the Department of Juvenile Justice deems | ||||||
9 | necessary to assist the youth in leading a law-abiding life. | ||||||
10 | The conditions of every aftercare release are that the youth: | ||||||
11 | (1) not violate any criminal statute of any | ||||||
12 | jurisdiction during the aftercare release term; | ||||||
13 | (2) refrain from possessing a firearm or other | ||||||
14 | dangerous weapon; | ||||||
15 | (3) report to an agent of the Department; | ||||||
16 | (4) permit the agent or aftercare specialist to visit | ||||||
17 | the youth at his or her home, employment, or elsewhere to | ||||||
18 | the extent necessary for the agent or aftercare specialist | ||||||
19 | to discharge his or her duties; | ||||||
20 | (5) reside at a Department-approved host site; | ||||||
21 | (6) secure permission before visiting or writing a | ||||||
22 | committed person in an Illinois Department of Corrections | ||||||
23 | or Illinois Department of Juvenile Justice facility; | ||||||
24 | (7) report all arrests to an agent of the Department |
| |||||||
| |||||||
1 | as soon as permitted by the arresting authority but in no | ||||||
2 | event later than 24 hours after release from custody and | ||||||
3 | immediately report service or notification of an order of | ||||||
4 | protection, a civil no contact order, or a stalking no | ||||||
5 | contact order to an agent of the Department; | ||||||
6 | (8) obtain permission of an agent of the Department | ||||||
7 | before leaving the State of Illinois; | ||||||
8 | (9) obtain permission of an agent of the Department | ||||||
9 | before changing his or her residence or employment; | ||||||
10 | (10) consent to a search of his or her person, | ||||||
11 | property, or residence under his or her control; | ||||||
12 | (11) refrain from the use or possession of narcotics | ||||||
13 | or other controlled substances in any form, or both, or | ||||||
14 | any paraphernalia related to those substances and submit | ||||||
15 | to a urinalysis test as instructed by an agent of the | ||||||
16 | Department; | ||||||
17 | (12) not frequent places where controlled substances | ||||||
18 | are illegally sold, used, distributed, or administered; | ||||||
19 | (13) not knowingly associate with other persons on | ||||||
20 | parole, aftercare release, or mandatory supervised release | ||||||
21 | without prior written permission of his or her aftercare | ||||||
22 | specialist and not associate with persons who are members | ||||||
23 | of an organized gang as that term is defined in the | ||||||
24 | Illinois Streetgang Terrorism Omnibus Prevention Act; | ||||||
25 | (14) provide true and accurate information, as it | ||||||
26 | relates to his or her adjustment in the community while on |
| |||||||
| |||||||
1 | aftercare release or to his or her conduct while | ||||||
2 | incarcerated, in response to inquiries by an agent of the | ||||||
3 | Department; | ||||||
4 | (15) follow any specific instructions provided by the | ||||||
5 | agent that are consistent with furthering conditions set | ||||||
6 | and approved by the Department or by law to achieve the | ||||||
7 | goals and objectives of his or her aftercare release or to | ||||||
8 | protect the public; these instructions by the agent may be | ||||||
9 | modified at any time, as the agent deems appropriate; | ||||||
10 | (16) comply with the terms and conditions of an order | ||||||
11 | of protection issued under the Illinois Domestic Violence | ||||||
12 | Act of 1986; an order of protection issued by the court of | ||||||
13 | another state, tribe, or United States territory; a no | ||||||
14 | contact order issued under the Civil No Contact Order Act; | ||||||
15 | or a no contact order issued under the Stalking No Contact | ||||||
16 | Order Act; | ||||||
17 | (17) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender Management Board Act, and a sex offender | ||||||
19 | treatment provider has evaluated and recommended further | ||||||
20 | sex offender treatment while on aftercare release, the | ||||||
21 | youth shall undergo treatment by a sex offender treatment | ||||||
22 | provider or associate sex offender provider as defined in | ||||||
23 | the Sex Offender Management Board Act at his or her | ||||||
24 | expense based on his or her ability to pay for the | ||||||
25 | treatment; | ||||||
26 | (18) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender Management Board Act, refrain from residing | ||||||
2 | at the same address or in the same condominium unit or | ||||||
3 | apartment unit or in the same condominium complex or | ||||||
4 | apartment complex with another person he or she knows or | ||||||
5 | reasonably should know is a convicted sex offender or has | ||||||
6 | been placed on supervision for a sex offense; the | ||||||
7 | provisions of this paragraph do not apply to a person | ||||||
8 | convicted of a sex offense who is placed in a Department of | ||||||
9 | Corrections licensed transitional housing facility for sex | ||||||
10 | offenders, or is in any facility operated or licensed by | ||||||
11 | the Department of Children and Family Services or by the | ||||||
12 | Department of Human Services, or is in any licensed | ||||||
13 | medical facility; | ||||||
14 | (19) if convicted for an offense that would qualify | ||||||
15 | the offender as a sexual predator under the Sex Offender | ||||||
16 | Registration Act wear an approved electronic monitoring | ||||||
17 | device as defined in Section 5-8A-2 for the duration of | ||||||
18 | the youth's aftercare release term and if convicted for an | ||||||
19 | offense of criminal sexual assault, aggravated criminal | ||||||
20 | sexual assault, predatory criminal sexual assault of a | ||||||
21 | child, criminal sexual abuse, aggravated criminal sexual | ||||||
22 | abuse, or ritualized abuse of a child when the victim was | ||||||
23 | under 18 years of age at the time of the commission of the | ||||||
24 | offense and the offender used force or the threat of force | ||||||
25 | in the commission of the offense wear an approved | ||||||
26 | electronic monitoring device as defined in Section 5-8A-2 |
| |||||||
| |||||||
1 | that has Global Positioning System (GPS) capability for | ||||||
2 | the duration of the youth's aftercare release term; | ||||||
3 | (20) if convicted for an offense that would qualify | ||||||
4 | the offender as a child sex offender as defined in Section | ||||||
5 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, refrain from communicating with or | ||||||
7 | contacting, by means of the Internet, a person who is not | ||||||
8 | related to the offender and whom the offender reasonably | ||||||
9 | believes to be under 18 years of age; for purposes of this | ||||||
10 | paragraph (20), "Internet" has the meaning ascribed to it | ||||||
11 | in Section 16-0.1 of the Criminal Code of 2012; and a | ||||||
12 | person is not related to the offender if the person is not: | ||||||
13 | (A) the spouse, brother, or sister of the offender; (B) a | ||||||
14 | descendant of the offender; (C) a first or second cousin | ||||||
15 | of the offender; or (D) a step-child or adopted child of | ||||||
16 | the offender; | ||||||
17 | (21) if convicted under Section 11-6, 11-20.1, | ||||||
18 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
19 | or the Criminal Code of 2012, consent to search of | ||||||
20 | computers, PDAs, cellular phones, and other devices under | ||||||
21 | his or her control that are capable of accessing the | ||||||
22 | Internet or storing electronic files, in order to confirm | ||||||
23 | Internet protocol addresses reported in accordance with | ||||||
24 | the Sex Offender Registration Act and compliance with | ||||||
25 | conditions in this Act; | ||||||
26 | (22) if convicted for an offense that would qualify |
| |||||||
| |||||||
1 | the offender as a sex offender or sexual predator under | ||||||
2 | the Sex Offender Registration Act, not possess | ||||||
3 | prescription drugs for erectile dysfunction; | ||||||
4 | (23) if convicted for an offense under Section 11-6, | ||||||
5 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
6 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
8 | or any attempt to commit any of these offenses: | ||||||
9 | (A) not access or use a computer or any other | ||||||
10 | device with Internet capability without the prior | ||||||
11 | written approval of the Department; | ||||||
12 | (B) submit to periodic unannounced examinations of | ||||||
13 | the youth's computer or any other device with Internet | ||||||
14 | capability by the youth's aftercare specialist, a law | ||||||
15 | enforcement officer, or assigned computer or | ||||||
16 | information technology specialist, including the | ||||||
17 | retrieval and copying of all data from the computer or | ||||||
18 | device and any internal or external peripherals and | ||||||
19 | removal of the information, equipment, or device to | ||||||
20 | conduct a more thorough inspection; | ||||||
21 | (C) submit to the installation on the youth's | ||||||
22 | computer or device with Internet capability, at the | ||||||
23 | youth's expense, of one or more hardware or software | ||||||
24 | systems to monitor the Internet use; and | ||||||
25 | (D) submit to any other appropriate restrictions | ||||||
26 | concerning the youth's use of or access to a computer |
| |||||||
| |||||||
1 | or any other device with Internet capability imposed | ||||||
2 | by the Department or the youth's aftercare specialist; | ||||||
3 | (24) if convicted of a sex offense as defined in the | ||||||
4 | Sex Offender Registration Act, refrain from accessing or | ||||||
5 | using a social networking website as defined in Section | ||||||
6 | 17-0.5 of the Criminal Code of 2012; | ||||||
7 | (25) if convicted of a sex offense as defined in | ||||||
8 | Section 2 of the Sex Offender Registration Act that | ||||||
9 | requires the youth to register as a sex offender under | ||||||
10 | that Act, not knowingly use any computer scrub software on | ||||||
11 | any computer that the youth uses; | ||||||
12 | (26) if convicted of a sex offense as defined in | ||||||
13 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
14 | youth is a parent or guardian of a person under 18 years of | ||||||
15 | age present in the home and no non-familial minors are | ||||||
16 | present, not participate in a holiday event involving | ||||||
17 | children under 18 years of age, such as distributing candy | ||||||
18 | or other items to children on Halloween, wearing a Santa | ||||||
19 | Claus costume on or preceding Christmas, being employed as | ||||||
20 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
21 | costume on or preceding Easter; | ||||||
22 | (27) if convicted of a violation of an order of | ||||||
23 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
25 | placed under electronic surveillance as provided in | ||||||
26 | Section 5-8A-7 of this Code; and |
| |||||||
| |||||||
1 | (28) if convicted of a violation of the | ||||||
2 | Methamphetamine Control and Community Protection Act, the | ||||||
3 | Methamphetamine Precursor Control Act, or a | ||||||
4 | methamphetamine related offense, be: | ||||||
5 | (A) prohibited from purchasing, possessing, or | ||||||
6 | having under his or her control any product containing | ||||||
7 | pseudoephedrine unless prescribed by a physician; and | ||||||
8 | (B) prohibited from purchasing, possessing, or | ||||||
9 | having under his or her control any product containing | ||||||
10 | ammonium nitrate. | ||||||
11 | (b) The Department may in addition to other conditions | ||||||
12 | require that the youth: | ||||||
13 | (1) work or pursue a course of study or vocational | ||||||
14 | training; | ||||||
15 | (2) undergo medical or psychiatric treatment, or | ||||||
16 | treatment for drug addiction or alcoholism; | ||||||
17 | (3) attend or reside in a facility established for the | ||||||
18 | instruction or residence of persons on probation or | ||||||
19 | aftercare release; | ||||||
20 | (4) support his or her dependents; | ||||||
21 | (5) if convicted for an offense that would qualify the | ||||||
22 | youth as a child sex offender as defined in Section 11-9.3 | ||||||
23 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, refrain from communicating with or contacting, by | ||||||
25 | means of the Internet, a person who is related to the youth | ||||||
26 | and whom the youth reasonably believes to be under 18 |
| |||||||
| |||||||
1 | years of age; for purposes of this paragraph (5), | ||||||
2 | "Internet" has the meaning ascribed to it in Section | ||||||
3 | 16-0.1 of the Criminal Code of 2012; and a person is | ||||||
4 | related to the youth if the person is: (A) the spouse, | ||||||
5 | brother, or sister of the youth; (B) a descendant of the | ||||||
6 | youth; (C) a first or second cousin of the youth; or (D) a | ||||||
7 | step-child or adopted child of the youth; | ||||||
8 | (6) if convicted for an offense that would qualify as | ||||||
9 | a sex offense as defined in the Sex Offender Registration | ||||||
10 | Act: | ||||||
11 | (A) not access or use a computer or any other | ||||||
12 | device with Internet capability without the prior | ||||||
13 | written approval of the Department; | ||||||
14 | (B) submit to periodic unannounced examinations of | ||||||
15 | the youth's computer or any other device with Internet | ||||||
16 | capability by the youth's aftercare specialist, a law | ||||||
17 | enforcement officer, or assigned computer or | ||||||
18 | information technology specialist, including the | ||||||
19 | retrieval and copying of all data from the computer or | ||||||
20 | device and any internal or external peripherals and | ||||||
21 | removal of the information, equipment, or device to | ||||||
22 | conduct a more thorough inspection; | ||||||
23 | (C) submit to the installation on the youth's | ||||||
24 | computer or device with Internet capability, at the | ||||||
25 | youth's offender's expense, of one or more hardware or | ||||||
26 | software systems to monitor the Internet use; and |
| |||||||
| |||||||
1 | (D) submit to any other appropriate restrictions | ||||||
2 | concerning the youth's use of or access to a computer | ||||||
3 | or any other device with Internet capability imposed | ||||||
4 | by the Department or the youth's aftercare specialist; | ||||||
5 | and | ||||||
6 | (7) in addition to other conditions: | ||||||
7 | (A) reside with his or her parents or in a foster | ||||||
8 | home; | ||||||
9 | (B) attend school; | ||||||
10 | (C) attend a non-residential program for youth; or | ||||||
11 | (D) contribute to his or her own support at home or | ||||||
12 | in a foster home. | ||||||
13 | (c) In addition to the conditions under subsections (a) | ||||||
14 | and (b) of this Section, youths required to register as sex | ||||||
15 | offenders under the Sex Offender Registration Act, upon | ||||||
16 | release from the custody of the Department of Juvenile | ||||||
17 | Justice, may be required by the Department to comply with the | ||||||
18 | following specific conditions of release: | ||||||
19 | (1) reside only at a Department approved location; | ||||||
20 | (2) comply with all requirements of the Sex Offender | ||||||
21 | Registration Act; | ||||||
22 | (3) notify third parties of the risks that may be | ||||||
23 | occasioned by his or her criminal record; | ||||||
24 | (4) obtain the approval of an agent of the Department | ||||||
25 | prior to accepting employment or pursuing a course of | ||||||
26 | study or vocational training and notify the Department |
| |||||||
| |||||||
1 | prior to any change in employment, study, or training; | ||||||
2 | (5) not be employed or participate in any volunteer | ||||||
3 | activity that involves contact with children, except under | ||||||
4 | circumstances approved in advance and in writing by an | ||||||
5 | agent of the Department; | ||||||
6 | (6) be electronically monitored for a specified period | ||||||
7 | of time from the date of release as determined by the | ||||||
8 | Department; | ||||||
9 | (7) refrain from entering into a designated geographic | ||||||
10 | area except upon terms approved in advance by an agent of | ||||||
11 | the Department; these terms may include consideration of | ||||||
12 | the purpose of the entry, the time of day, and others | ||||||
13 | accompanying the youth; | ||||||
14 | (8) refrain from having any contact, including written | ||||||
15 | or oral communications, directly or indirectly, personally | ||||||
16 | or by telephone, letter, or through a third party with | ||||||
17 | certain specified persons including, but not limited to, | ||||||
18 | the victim or the victim's family without the prior | ||||||
19 | written approval of an agent of the Department; | ||||||
20 | (9) refrain from all contact, directly or indirectly, | ||||||
21 | personally, by telephone, letter, or through a third | ||||||
22 | party, with minor children without prior identification | ||||||
23 | and approval of an agent of the Department; | ||||||
24 | (10) neither possess or have under his or her control | ||||||
25 | any material that is sexually oriented, sexually | ||||||
26 | stimulating, or that shows male or female sex organs or |
| |||||||
| |||||||
1 | any pictures depicting children under 18 years of age nude | ||||||
2 | or any written or audio material describing sexual | ||||||
3 | intercourse or that depicts or alludes to sexual activity, | ||||||
4 | including, but not limited to, visual, auditory, | ||||||
5 | telephonic, or electronic media, or any matter obtained | ||||||
6 | through access to any computer or material linked to | ||||||
7 | computer access use; | ||||||
8 | (11) not patronize any business providing sexually | ||||||
9 | stimulating or sexually oriented entertainment nor utilize | ||||||
10 | "900" or adult telephone numbers; | ||||||
11 | (12) not reside near, visit, or be in or about parks, | ||||||
12 | schools, child day care centers, swimming pools, beaches, | ||||||
13 | theaters, or any other places where minor children | ||||||
14 | congregate without advance approval of an agent of the | ||||||
15 | Department and immediately report any incidental contact | ||||||
16 | with minor children to the Department; | ||||||
17 | (13) not possess or have under his or her control | ||||||
18 | certain specified items of contraband related to the | ||||||
19 | incidence of sexually offending as determined by an agent | ||||||
20 | of the Department; | ||||||
21 | (14) may be required to provide a written daily log of | ||||||
22 | activities if directed by an agent of the Department; | ||||||
23 | (15) comply with all other special conditions that the | ||||||
24 | Department may impose that restrict the youth from | ||||||
25 | high-risk situations and limit access to potential | ||||||
26 | victims; |
| |||||||
| |||||||
1 | (16) take an annual polygraph exam; | ||||||
2 | (17) maintain a log of his or her travel; or | ||||||
3 | (18) obtain prior approval of an agent of the | ||||||
4 | Department before driving alone in a motor vehicle. | ||||||
5 | (d) The conditions under which the aftercare release is to | ||||||
6 | be served shall be communicated to the youth in writing prior | ||||||
7 | to his or her release, and he or she shall sign the same before | ||||||
8 | release. A signed copy of these conditions, including a copy | ||||||
9 | of an order of protection if one had been issued by the | ||||||
10 | criminal court, shall be retained by the youth and another | ||||||
11 | copy forwarded to the officer or aftercare specialist in | ||||||
12 | charge of his or her supervision. | ||||||
13 | (e) After a revocation hearing under Section 3-3-9.5, the | ||||||
14 | Department of Juvenile Justice may modify or enlarge the | ||||||
15 | conditions of aftercare release. | ||||||
16 | (f) The Department shall inform all youth of the optional | ||||||
17 | services available to them upon release and shall assist youth | ||||||
18 | in availing themselves of the optional services upon their | ||||||
19 | release on a voluntary basis.
| ||||||
20 | (Source: P.A. 99-628, eff. 1-1-17 .) | ||||||
21 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
22 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
23 | release.
| ||||||
24 | (a) The conditions of parole or mandatory
supervised | ||||||
25 | release shall be such as the Prisoner Review
Board deems |
| |||||||
| |||||||
1 | necessary to assist the subject in leading a
law-abiding life. | ||||||
2 | The conditions of every parole and mandatory
supervised | ||||||
3 | release are that the subject:
| ||||||
4 | (1) not violate any criminal statute of any | ||||||
5 | jurisdiction
during the parole or release term;
| ||||||
6 | (2) refrain from possessing a firearm or other | ||||||
7 | dangerous
weapon;
| ||||||
8 | (3) report to an agent of the Department of | ||||||
9 | Corrections;
| ||||||
10 | (4) permit the agent to visit him or her at his or her | ||||||
11 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
12 | the agent to discharge his or her duties;
| ||||||
13 | (5) attend or reside in a facility established for the | ||||||
14 | instruction or
residence
of persons on
parole or mandatory | ||||||
15 | supervised release;
| ||||||
16 | (6) secure permission before visiting or writing a | ||||||
17 | committed person in an
Illinois Department
of Corrections | ||||||
18 | facility;
| ||||||
19 | (7) report all arrests to an agent of the Department | ||||||
20 | of Corrections as
soon as
permitted by the
arresting | ||||||
21 | authority but in no event later than 24 hours after | ||||||
22 | release from
custody and immediately report service or | ||||||
23 | notification of an order of protection, a civil no contact | ||||||
24 | order, or a stalking no contact order to an agent of the | ||||||
25 | Department of Corrections;
| ||||||
26 | (7.5) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender
Management Board Act, the individual shall | ||||||
2 | undergo and successfully complete
sex offender treatment | ||||||
3 | conducted in conformance with the standards developed by
| ||||||
4 | the Sex
Offender Management Board Act by a treatment | ||||||
5 | provider approved by the Board;
| ||||||
6 | (7.6) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender
Management Board Act, refrain from residing | ||||||
8 | at the same address or in the same condominium unit or | ||||||
9 | apartment unit or in the same condominium complex or | ||||||
10 | apartment complex with another person he or she knows or | ||||||
11 | reasonably should know is a convicted sex offender or has | ||||||
12 | been placed on supervision for a sex offense; the | ||||||
13 | provisions of this paragraph do not apply to a person | ||||||
14 | convicted of a sex offense who is placed in a Department of | ||||||
15 | Corrections licensed transitional housing facility for sex | ||||||
16 | offenders, or is in any facility operated or licensed by | ||||||
17 | the Department of Children and Family Services or by the | ||||||
18 | Department of Human Services, or is in any licensed | ||||||
19 | medical facility;
| ||||||
20 | (7.7) if convicted for an offense that would qualify | ||||||
21 | the accused as a sexual predator under the Sex Offender | ||||||
22 | Registration Act on or after January 1, 2007 (the | ||||||
23 | effective date of Public Act 94-988), wear an approved | ||||||
24 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
25 | for the duration of the person's parole, mandatory | ||||||
26 | supervised release term, or extended mandatory supervised |
| |||||||
| |||||||
1 | release term and if convicted for an offense of criminal | ||||||
2 | sexual assault, aggravated criminal sexual assault, | ||||||
3 | predatory criminal sexual assault of a child, criminal | ||||||
4 | sexual abuse, aggravated criminal sexual abuse, or | ||||||
5 | ritualized abuse of a child committed on or after August | ||||||
6 | 11, 2009 (the effective date of Public Act 96-236) when | ||||||
7 | the victim was under 18 years of age at the time of the | ||||||
8 | commission of the offense and the defendant used force or | ||||||
9 | the threat of force in the commission of the offense wear | ||||||
10 | an approved electronic monitoring device as defined in | ||||||
11 | Section 5-8A-2 that has Global Positioning System (GPS) | ||||||
12 | capability for the duration of the person's parole, | ||||||
13 | mandatory supervised release term, or extended mandatory | ||||||
14 | supervised release term;
| ||||||
15 | (7.8) if convicted for an offense committed on or | ||||||
16 | after June 1, 2008 (the effective date of Public Act | ||||||
17 | 95-464) that would qualify the accused as a child sex | ||||||
18 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | refrain from communicating with or contacting, by means of | ||||||
21 | the Internet, a person who is not related to the accused | ||||||
22 | and whom the accused reasonably believes to be under 18 | ||||||
23 | years of age; for purposes of this paragraph (7.8), | ||||||
24 | "Internet" has the meaning ascribed to it in Section | ||||||
25 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
26 | related to the accused if the person is not: (i) the |
| |||||||
| |||||||
1 | spouse, brother, or sister of the accused; (ii) a | ||||||
2 | descendant of the accused; (iii) a first or second cousin | ||||||
3 | of the accused; or (iv) a step-child or adopted child of | ||||||
4 | the accused;
| ||||||
5 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
6 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012, consent to search of | ||||||
8 | computers, PDAs, cellular phones, and other devices under | ||||||
9 | his or her control that are capable of accessing the | ||||||
10 | Internet or storing electronic files, in order to confirm | ||||||
11 | Internet protocol addresses reported in accordance with | ||||||
12 | the Sex Offender Registration Act and compliance with | ||||||
13 | conditions in this Act;
| ||||||
14 | (7.10)
if convicted for an offense that would qualify | ||||||
15 | the accused as a sex offender or sexual predator under the | ||||||
16 | Sex Offender Registration Act on or after June 1, 2008 | ||||||
17 | (the effective date of Public Act 95-640), not possess | ||||||
18 | prescription drugs for erectile dysfunction;
| ||||||
19 | (7.11) if convicted for an offense under Section 11-6, | ||||||
20 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
21 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
23 | or any attempt to commit any of these offenses, committed | ||||||
24 | on or after June 1, 2009 (the effective date of Public Act | ||||||
25 | 95-983): | ||||||
26 | (i) not access or use a computer or any other |
| |||||||
| |||||||
1 | device with Internet capability without the prior | ||||||
2 | written approval of the Department; | ||||||
3 | (ii) submit to periodic unannounced examinations | ||||||
4 | of the offender's computer or any other device with | ||||||
5 | Internet capability by the offender's supervising | ||||||
6 | agent, a law enforcement officer, or assigned computer | ||||||
7 | or information technology specialist, including the | ||||||
8 | retrieval and copying of all data from the computer or | ||||||
9 | device and any internal or external peripherals and | ||||||
10 | removal of such information, equipment, or device to | ||||||
11 | conduct a more thorough inspection; | ||||||
12 | (iii) submit to the installation on the offender's | ||||||
13 | computer or device with Internet capability, at the | ||||||
14 | offender's expense, of one or more hardware or | ||||||
15 | software systems to monitor the Internet use; and | ||||||
16 | (iv) submit to any other appropriate restrictions | ||||||
17 | concerning the offender's use of or access to a | ||||||
18 | computer or any other device with Internet capability | ||||||
19 | imposed by the Board, the Department or the offender's | ||||||
20 | supervising agent; | ||||||
21 | (7.12) if convicted of a sex offense as defined in the | ||||||
22 | Sex Offender
Registration Act committed on or after | ||||||
23 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
24 | refrain from accessing or using a social networking | ||||||
25 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
26 | of 2012;
|
| |||||||
| |||||||
1 | (7.13) if convicted of a sex offense as defined in | ||||||
2 | Section 2 of the Sex Offender Registration Act committed | ||||||
3 | on or after January 1, 2010 (the effective date of Public | ||||||
4 | Act 96-362) that requires the person to register as a sex | ||||||
5 | offender under that Act, may not knowingly use any | ||||||
6 | computer scrub software on any computer that the sex | ||||||
7 | offender uses; | ||||||
8 | (8) obtain permission of an agent of the Department of | ||||||
9 | Corrections before
leaving the
State of Illinois;
| ||||||
10 | (9) obtain permission of an agent of the Department of | ||||||
11 | Corrections before
changing
his or her residence or | ||||||
12 | employment;
| ||||||
13 | (10) consent to a search of his or her person, | ||||||
14 | property, or residence
under his or her
control;
| ||||||
15 | (11) refrain from the use or possession of narcotics | ||||||
16 | or other controlled
substances in
any form, or both, or | ||||||
17 | any paraphernalia related to those substances and submit
| ||||||
18 | to a
urinalysis test as instructed by a parole agent of the | ||||||
19 | Department of
Corrections;
| ||||||
20 | (12) not knowingly frequent places where controlled | ||||||
21 | substances are illegally sold,
used,
distributed, or | ||||||
22 | administered;
| ||||||
23 | (13) except when the association described in either | ||||||
24 | subparagraph (A) or (B) of this paragraph (13) involves | ||||||
25 | activities related to community programs, worship | ||||||
26 | services, volunteering, engaging families, or some other |
| |||||||
| |||||||
1 | pro-social activity in which there is no evidence of | ||||||
2 | criminal intent: | ||||||
3 | (A) not knowingly associate with other persons on | ||||||
4 | parole or mandatory
supervised
release without prior | ||||||
5 | written permission of his or her parole agent; or | ||||||
6 | (B) not knowingly
associate with
persons who are | ||||||
7 | members of an organized gang as that term is defined in | ||||||
8 | the
Illinois
Streetgang Terrorism Omnibus Prevention | ||||||
9 | Act;
| ||||||
10 | (14) provide true and accurate information, as it | ||||||
11 | relates to his or her
adjustment in the
community while on | ||||||
12 | parole or mandatory supervised release or to his or her
| ||||||
13 | conduct
while incarcerated, in response to inquiries by | ||||||
14 | his or her parole agent or of
the
Department of | ||||||
15 | Corrections;
| ||||||
16 | (15) follow any specific instructions provided by the | ||||||
17 | parole agent that
are consistent
with furthering | ||||||
18 | conditions set and approved by the Prisoner Review Board | ||||||
19 | or by
law,
exclusive of placement on electronic detention, | ||||||
20 | to achieve the goals and
objectives of his
or her parole or | ||||||
21 | mandatory supervised release or to protect the public. | ||||||
22 | These
instructions by the parole agent may be modified at | ||||||
23 | any time, as the agent
deems
appropriate;
| ||||||
24 | (16) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
| |||||||
| |||||||
1 | years of age present in the home and no non-familial | ||||||
2 | minors are present, not participate in a holiday event | ||||||
3 | involving children under 18 years of age, such as | ||||||
4 | distributing candy or other items to children on | ||||||
5 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
6 | Christmas, being employed as a department store Santa | ||||||
7 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
8 | Easter; | ||||||
9 | (17) if convicted of a violation of an order of | ||||||
10 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
12 | placed under electronic surveillance as provided in | ||||||
13 | Section 5-8A-7 of this Code; | ||||||
14 | (18) comply with the terms and conditions of an order | ||||||
15 | of protection issued pursuant to the Illinois Domestic | ||||||
16 | Violence Act of 1986; an order of protection issued by the | ||||||
17 | court of another state, tribe, or United States territory; | ||||||
18 | a no contact order issued pursuant to the Civil No Contact | ||||||
19 | Order Act; or a no contact order issued pursuant to the | ||||||
20 | Stalking No Contact Order Act; | ||||||
21 | (19) if convicted of a violation of the | ||||||
22 | Methamphetamine Control and Community Protection Act, the | ||||||
23 | Methamphetamine
Precursor Control Act, or a | ||||||
24 | methamphetamine related offense, be: | ||||||
25 | (A) prohibited from purchasing, possessing, or | ||||||
26 | having under his or her control any product containing |
| |||||||
| |||||||
1 | pseudoephedrine unless prescribed by a physician; and | ||||||
2 | (B) prohibited from purchasing, possessing, or | ||||||
3 | having under his or her control any product containing | ||||||
4 | ammonium nitrate; | ||||||
5 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
6 | of the Criminal Code of 2012, perform public or community | ||||||
7 | service of no less than 200 hours and enroll in an
| ||||||
8 | educational program discouraging hate crimes involving the | ||||||
9 | protected class
identified in subsection (a) of Section | ||||||
10 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
11 | offense the offender committed ordered by the court; and | ||||||
12 | (21) be evaluated by the Department of Corrections | ||||||
13 | prior to release using a validated risk assessment and be | ||||||
14 | subject to a corresponding level of supervision. In | ||||||
15 | accordance with the findings of that evaluation: | ||||||
16 | (A) All subjects found to be at a moderate or high | ||||||
17 | risk to recidivate, or on parole or mandatory | ||||||
18 | supervised release for first degree murder, a forcible | ||||||
19 | felony as defined in Section 2-8 of the Criminal Code | ||||||
20 | of 2012, any felony that requires registration as a | ||||||
21 | sex offender under the Sex Offender Registration Act, | ||||||
22 | or a Class X felony or Class 1 felony that is not a | ||||||
23 | violation of the Cannabis Control Act, the Illinois | ||||||
24 | Controlled Substances Act, or the Methamphetamine | ||||||
25 | Control and Community Protection Act, shall be subject | ||||||
26 | to high level supervision. The Department shall define |
| |||||||
| |||||||
1 | high level supervision based upon evidence-based and | ||||||
2 | research-based practices. Notwithstanding this | ||||||
3 | placement on high level supervision, placement of the | ||||||
4 | subject on electronic monitoring or detention shall | ||||||
5 | not occur unless it is required by law or expressly | ||||||
6 | ordered or approved by the Prisoner Review Board. | ||||||
7 | (B) All subjects found to be at a low risk to | ||||||
8 | recidivate shall be subject to low-level supervision, | ||||||
9 | except for those subjects on parole or mandatory | ||||||
10 | supervised release for first degree murder, a forcible | ||||||
11 | felony as defined in Section 2-8 of the Criminal Code | ||||||
12 | of 2012, any felony that requires registration as a | ||||||
13 | sex offender under the Sex Offender Registration Act, | ||||||
14 | or a Class X felony or Class 1 felony that is not a | ||||||
15 | violation of the Cannabis Control Act, the Illinois | ||||||
16 | Controlled Substances Act, or the Methamphetamine | ||||||
17 | Control and Community Protection Act. Low level | ||||||
18 | supervision shall require the subject to check in with | ||||||
19 | the supervising officer via phone or other electronic | ||||||
20 | means. Notwithstanding this placement on low level | ||||||
21 | supervision, placement of the subject on electronic | ||||||
22 | monitoring or detention shall not occur unless it is | ||||||
23 | required by law or expressly ordered or approved by | ||||||
24 | the Prisoner Review Board. | ||||||
25 | (b) The Board may in addition to other conditions
require | ||||||
26 | that the subject:
|
| |||||||
| |||||||
1 | (1) work or pursue a course of study or vocational | ||||||
2 | training;
| ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment
for drug addiction or alcoholism;
| ||||||
5 | (3) attend or reside in a facility established for the
| ||||||
6 | instruction or residence of persons on probation or | ||||||
7 | parole;
| ||||||
8 | (4) support his or her dependents;
| ||||||
9 | (5) (blank);
| ||||||
10 | (6) (blank);
| ||||||
11 | (7) (blank);
| ||||||
12 | (7.5) if convicted for an offense committed on or | ||||||
13 | after the effective date of this amendatory Act of the | ||||||
14 | 95th General Assembly that would qualify the accused as a | ||||||
15 | child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | refrain from communicating with or contacting, by means of | ||||||
18 | the Internet, a person who is related to the accused and | ||||||
19 | whom the accused reasonably believes to be under 18 years | ||||||
20 | of age; for purposes of this paragraph (7.5), "Internet" | ||||||
21 | has the meaning ascribed to it in Section 16-0.1 of the | ||||||
22 | Criminal Code of 2012; and a person is related to the | ||||||
23 | accused if the person is: (i) the spouse, brother, or | ||||||
24 | sister of the accused; (ii) a descendant of the accused; | ||||||
25 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
26 | step-child or adopted child of the accused; |
| |||||||
| |||||||
1 | (7.6) if convicted for an offense committed on or | ||||||
2 | after June 1, 2009 (the effective date of Public Act | ||||||
3 | 95-983) that would qualify as a sex offense as defined in | ||||||
4 | the Sex Offender Registration Act: | ||||||
5 | (i) not access or use a computer or any other | ||||||
6 | device with Internet capability without the prior | ||||||
7 | written approval of the Department; | ||||||
8 | (ii) submit to periodic unannounced examinations | ||||||
9 | of the offender's computer or any other device with | ||||||
10 | Internet capability by the offender's supervising | ||||||
11 | agent, a law enforcement officer, or assigned computer | ||||||
12 | or information technology specialist, including the | ||||||
13 | retrieval and copying of all data from the computer or | ||||||
14 | device and any internal or external peripherals and | ||||||
15 | removal of such information, equipment, or device to | ||||||
16 | conduct a more thorough inspection; | ||||||
17 | (iii) submit to the installation on the offender's | ||||||
18 | computer or device with Internet capability, at the | ||||||
19 | offender's expense, of one or more hardware or | ||||||
20 | software systems to monitor the Internet use; and | ||||||
21 | (iv) submit to any other appropriate restrictions | ||||||
22 | concerning the offender's use of or access to a | ||||||
23 | computer or any other device with Internet capability | ||||||
24 | imposed by the Board, the Department or the offender's | ||||||
25 | supervising agent; and
| ||||||
26 | (8) in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his or her parents or in a foster | ||||||
2 | home;
| ||||||
3 | (ii) attend school;
| ||||||
4 | (iii) attend a non-residential program for youth; | ||||||
5 | or
| ||||||
6 | (iv) contribute to his or her own support at home | ||||||
7 | or in a foster
home.
| ||||||
8 | (b-1) In addition to the conditions set forth in | ||||||
9 | subsections (a) and (b), persons required to register as sex | ||||||
10 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
11 | release from the custody of the Illinois Department of | ||||||
12 | Corrections, may be required by the Board to comply with the | ||||||
13 | following specific conditions of release: | ||||||
14 | (1) reside only at a Department approved location; | ||||||
15 | (2) comply with all requirements of the Sex Offender | ||||||
16 | Registration Act;
| ||||||
17 | (3) notify
third parties of the risks that may be | ||||||
18 | occasioned by his or her criminal record; | ||||||
19 | (4) obtain the approval of an agent of the Department | ||||||
20 | of Corrections prior to accepting employment or pursuing a | ||||||
21 | course of study or vocational training and notify the | ||||||
22 | Department prior to any change in employment, study, or | ||||||
23 | training; | ||||||
24 | (5) not be employed or participate in any
volunteer | ||||||
25 | activity that involves contact with children, except under | ||||||
26 | circumstances approved in advance and in writing by an |
| |||||||
| |||||||
1 | agent of the Department of Corrections; | ||||||
2 | (6) be electronically monitored for a minimum of 12 | ||||||
3 | months from the date of release as determined by the | ||||||
4 | Board;
| ||||||
5 | (7) refrain from entering into a designated
geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department of Corrections. The terms may include | ||||||
8 | consideration of the purpose of the entry, the time of | ||||||
9 | day, and others accompanying the person; | ||||||
10 | (8) refrain from having any contact, including
written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior | ||||||
15 | written approval of an agent of the Department of | ||||||
16 | Corrections; | ||||||
17 | (9) refrain from all contact, directly or
indirectly, | ||||||
18 | personally, by telephone, letter, or through a third | ||||||
19 | party, with minor children without prior identification | ||||||
20 | and approval of an agent of the Department of Corrections; | ||||||
21 | (10) neither possess or have under his or her
control | ||||||
22 | any material that is sexually oriented, sexually | ||||||
23 | stimulating, or that shows male or female sex organs or | ||||||
24 | any pictures depicting children under 18 years of age nude | ||||||
25 | or any written or audio material describing sexual | ||||||
26 | intercourse or that depicts or alludes to sexual activity, |
| |||||||
| |||||||
1 | including but not limited to visual, auditory, telephonic, | ||||||
2 | or electronic media, or any matter obtained through access | ||||||
3 | to any computer or material linked to computer access use; | ||||||
4 | (11) not patronize any business providing
sexually | ||||||
5 | stimulating or sexually oriented entertainment nor utilize | ||||||
6 | "900" or adult telephone numbers; | ||||||
7 | (12) not reside near, visit, or be in or about
parks, | ||||||
8 | schools, child day care centers, swimming pools, beaches, | ||||||
9 | theaters, or any other places where minor children | ||||||
10 | congregate without advance approval of an agent of the | ||||||
11 | Department of Corrections and immediately report any | ||||||
12 | incidental contact with minor children to the Department; | ||||||
13 | (13) not possess or have under his or her control
| ||||||
14 | certain specified items of contraband related to the | ||||||
15 | incidence of sexually offending as determined by an agent | ||||||
16 | of the Department of Corrections; | ||||||
17 | (14) may be required to provide a written daily log of | ||||||
18 | activities
if directed by an agent of the Department of | ||||||
19 | Corrections; | ||||||
20 | (15) comply with all other special conditions
that the | ||||||
21 | Department may impose that restrict the person from | ||||||
22 | high-risk situations and limit access to potential | ||||||
23 | victims; | ||||||
24 | (16) take an annual polygraph exam; | ||||||
25 | (17) maintain a log of his or her travel; or | ||||||
26 | (18) obtain prior approval of his or her parole |
| |||||||
| |||||||
1 | officer before driving alone in a motor vehicle.
| ||||||
2 | (c) The conditions under which the parole or mandatory
| ||||||
3 | supervised release is to be served shall be communicated to
| ||||||
4 | the person in writing prior to his or her release, and he or | ||||||
5 | she shall
sign the same before release. A signed copy of these | ||||||
6 | conditions,
including a copy of an order of protection where | ||||||
7 | one had been issued by the
criminal court, shall be retained by | ||||||
8 | the person and another copy forwarded to
the officer in charge | ||||||
9 | of his or her supervision.
| ||||||
10 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
11 | Review Board may modify or enlarge the conditions of parole
or | ||||||
12 | mandatory supervised release.
| ||||||
13 | (e) The Department shall inform all offenders committed to
| ||||||
14 | the Department of the optional services available to them
upon | ||||||
15 | release and shall assist inmates in availing themselves
of | ||||||
16 | such optional services upon their release on a voluntary
| ||||||
17 | basis. | ||||||
18 | (f) (Blank).
| ||||||
19 | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; | ||||||
20 | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
| ||||||
21 | (730 ILCS 5/5-5-3.2)
| ||||||
22 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
23 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
24 | sentencing.
| ||||||
25 | (a) The following factors shall be accorded weight in |
| |||||||
| |||||||
1 | favor of
imposing a term of imprisonment or may be considered | ||||||
2 | by the court as reasons
to impose a more severe sentence under | ||||||
3 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
4 | (1) the defendant's conduct caused or threatened | ||||||
5 | serious harm;
| ||||||
6 | (2) the defendant received compensation for committing | ||||||
7 | the offense;
| ||||||
8 | (3) the defendant has a history of prior delinquency | ||||||
9 | or criminal activity;
| ||||||
10 | (4) the defendant, by the duties of his office or by | ||||||
11 | his position,
was obliged to prevent the particular | ||||||
12 | offense committed or to bring
the offenders committing it | ||||||
13 | to justice;
| ||||||
14 | (5) the defendant held public office at the time of | ||||||
15 | the offense,
and the offense related to the conduct of | ||||||
16 | that office;
| ||||||
17 | (6) the defendant utilized his professional reputation | ||||||
18 | or
position in the community to commit the offense, or to | ||||||
19 | afford
him an easier means of committing it;
| ||||||
20 | (7) the sentence is necessary to deter others from | ||||||
21 | committing
the same crime;
| ||||||
22 | (8) the defendant committed the offense against a | ||||||
23 | person 60 years of age
or older or such person's property;
| ||||||
24 | (9) the defendant committed the offense against a | ||||||
25 | person who has a physical disability or such person's | ||||||
26 | property;
|
| |||||||
| |||||||
1 | (10) by reason of another individual's actual or | ||||||
2 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
3 | sexual orientation, physical or mental
disability, or | ||||||
4 | national origin, the defendant committed the offense | ||||||
5 | against (i)
the person or property
of that individual; | ||||||
6 | (ii) the person or property of a person who has an
| ||||||
7 | association with, is married to, or has a friendship with | ||||||
8 | the other individual;
or (iii) the person or property of a | ||||||
9 | relative (by blood or marriage) of a
person described in | ||||||
10 | clause (i) or (ii). For the purposes of this Section,
| ||||||
11 | "sexual orientation" has the meaning ascribed to it in | ||||||
12 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
13 | Rights Act;
| ||||||
14 | (11) the offense took place in a place of worship or on | ||||||
15 | the
grounds of a place of worship, immediately prior to, | ||||||
16 | during or immediately
following worship services. For | ||||||
17 | purposes of this subparagraph, "place of
worship" shall | ||||||
18 | mean any church, synagogue or other building, structure or
| ||||||
19 | place used primarily for religious worship;
| ||||||
20 | (12) the defendant was convicted of a felony committed | ||||||
21 | while he was
on pretrial release or his own recognizance | ||||||
22 | pending trial for a prior felony
and was convicted of such | ||||||
23 | prior felony, or the defendant was convicted of a
felony | ||||||
24 | committed while he was serving a period of probation,
| ||||||
25 | conditional discharge, or mandatory supervised release | ||||||
26 | under subsection (d)
of Section 5-8-1
for a prior felony;
|
| |||||||
| |||||||
1 | (13) the defendant committed or attempted to commit a | ||||||
2 | felony while he
was wearing a bulletproof vest. For the | ||||||
3 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
4 | device which is designed for the purpose of
protecting the | ||||||
5 | wearer from bullets, shot or other lethal projectiles;
| ||||||
6 | (14) the defendant held a position of trust or | ||||||
7 | supervision such as, but
not limited to, family member as | ||||||
8 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
9 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
10 | relation to a victim under 18 years of age, and the | ||||||
11 | defendant committed an
offense in violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
13 | 11-14.4 except for an offense that involves keeping a | ||||||
14 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
15 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
16 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012
against
that victim;
| ||||||
18 | (15) the defendant committed an offense related to the | ||||||
19 | activities of an
organized gang. For the purposes of this | ||||||
20 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
21 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
22 | Act;
| ||||||
23 | (16) the defendant committed an offense in violation | ||||||
24 | of one of the
following Sections while in a school, | ||||||
25 | regardless of the time of day or time of
year; on any | ||||||
26 | conveyance owned, leased, or contracted by a school to |
| |||||||
| |||||||
1 | transport
students to or from school or a school related | ||||||
2 | activity; on the real property
of a school; or on a public | ||||||
3 | way within 1,000 feet of the real property
comprising any | ||||||
4 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
5 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
6 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
7 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
8 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
9 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
10 | 1961 or the Criminal Code of 2012;
| ||||||
11 | (16.5) the defendant committed an offense in violation | ||||||
12 | of one of the
following Sections while in a day care | ||||||
13 | center, regardless of the time of day or
time of year; on | ||||||
14 | the real property of a day care center, regardless of the | ||||||
15 | time
of day or time of year; or on a public
way within | ||||||
16 | 1,000 feet of the real property comprising any day care | ||||||
17 | center,
regardless of the time of day or time of year:
| ||||||
18 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
19 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
20 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
21 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
22 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
23 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
24 | Criminal Code of 2012;
| ||||||
25 | (17) the defendant committed the offense by reason of | ||||||
26 | any person's
activity as a community policing volunteer or |
| |||||||
| |||||||
1 | to prevent any person from
engaging in activity as a | ||||||
2 | community policing volunteer. For the purpose of
this | ||||||
3 | Section, "community policing volunteer" has the meaning | ||||||
4 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
5 | 2012;
| ||||||
6 | (18) the defendant committed the offense in a nursing | ||||||
7 | home or on the
real
property comprising a nursing home. | ||||||
8 | For the purposes of this paragraph (18),
"nursing home" | ||||||
9 | means a skilled nursing
or intermediate long term care | ||||||
10 | facility that is subject to license by the
Illinois | ||||||
11 | Department of Public Health under the Nursing Home Care
| ||||||
12 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
13 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
14 | (19) the defendant was a federally licensed firearm | ||||||
15 | dealer
and
was
previously convicted of a violation of | ||||||
16 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
17 | Identification Card Act and has now committed either a | ||||||
18 | felony
violation
of the Firearm Owners Identification Card | ||||||
19 | Act or an act of armed violence while
armed
with a firearm; | ||||||
20 | (20) the defendant (i) committed the offense of | ||||||
21 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
22 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
23 | driving under the influence of alcohol, other drug or
| ||||||
24 | drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof under Section 11-501 of the Illinois | ||||||
26 | Vehicle Code or a similar provision of a local ordinance |
| |||||||
| |||||||
1 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
2 | miles per hour over the posted speed limit as provided in | ||||||
3 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
4 | (21) the defendant (i) committed the offense of | ||||||
5 | reckless driving or aggravated reckless driving under | ||||||
6 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
7 | operating a motor vehicle in excess of 20 miles per hour | ||||||
8 | over the posted speed limit as provided in Article VI of | ||||||
9 | Chapter 11 of the Illinois Vehicle Code; | ||||||
10 | (22) the defendant committed the offense against a | ||||||
11 | person that the defendant knew, or reasonably should have | ||||||
12 | known, was a member of the Armed Forces of the United | ||||||
13 | States serving on active duty. For purposes of this clause | ||||||
14 | (22), the term "Armed Forces" means any of the Armed | ||||||
15 | Forces of the United States, including a member of any | ||||||
16 | reserve component thereof or National Guard unit called to | ||||||
17 | active duty;
| ||||||
18 | (23)
the defendant committed the offense against a | ||||||
19 | person who was elderly or infirm or who was a person with a | ||||||
20 | disability by taking advantage of a family or fiduciary | ||||||
21 | relationship with the elderly or infirm person or person | ||||||
22 | with a disability;
| ||||||
23 | (24)
the defendant committed any offense under Section | ||||||
24 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012 and possessed 100 or more images;
| ||||||
26 | (25) the defendant committed the offense while the |
| |||||||
| |||||||
1 | defendant or the victim was in a train, bus, or other | ||||||
2 | vehicle used for public transportation; | ||||||
3 | (26) the defendant committed the offense of child | ||||||
4 | pornography or aggravated child pornography, specifically | ||||||
5 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
6 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
8 | solicited for, depicted in, or posed in any act of sexual | ||||||
9 | penetration or bound, fettered, or subject to sadistic, | ||||||
10 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
11 | and specifically including paragraph (1), (2), (3), (4), | ||||||
12 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
13 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
14 | engaged in, solicited for, depicted in, or posed in any | ||||||
15 | act of sexual penetration or bound, fettered, or subject | ||||||
16 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
17 | sexual context; | ||||||
18 | (27) the defendant committed the offense of first | ||||||
19 | degree murder, assault, aggravated assault, battery, | ||||||
20 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
21 | robbery against a person who was a veteran and the | ||||||
22 | defendant knew, or reasonably should have known, that the | ||||||
23 | person was a veteran performing duties as a representative | ||||||
24 | of a veterans' organization. For the purposes of this | ||||||
25 | paragraph (27), "veteran" means an Illinois resident who | ||||||
26 | has served as a member of the United States Armed Forces, a |
| |||||||
| |||||||
1 | member of the Illinois National Guard, or a member of the | ||||||
2 | United States Reserve Forces; and "veterans' organization" | ||||||
3 | means an organization comprised of members of
which | ||||||
4 | substantially all are individuals who are veterans or | ||||||
5 | spouses,
widows, or widowers of veterans, the primary | ||||||
6 | purpose of which is to
promote the welfare of its members | ||||||
7 | and to provide assistance to the general
public in such a | ||||||
8 | way as to confer a public benefit; | ||||||
9 | (28) the defendant committed the offense of assault, | ||||||
10 | aggravated assault, battery, aggravated battery, robbery, | ||||||
11 | armed robbery, or aggravated robbery against a person that | ||||||
12 | the defendant knew or reasonably should have known was a | ||||||
13 | letter carrier or postal worker while that person was | ||||||
14 | performing his or her duties delivering mail for the | ||||||
15 | United States Postal Service; | ||||||
16 | (29) the defendant committed the offense of criminal | ||||||
17 | sexual assault, aggravated criminal sexual assault, | ||||||
18 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
19 | against a victim with an intellectual disability, and the | ||||||
20 | defendant holds a position of trust, authority, or | ||||||
21 | supervision in relation to the victim; | ||||||
22 | (30) the defendant committed the offense of promoting | ||||||
23 | juvenile prostitution, patronizing a prostitute, or | ||||||
24 | patronizing a minor engaged in prostitution and at the | ||||||
25 | time of the commission of the offense knew that the | ||||||
26 | prostitute or minor engaged in prostitution was in the |
| |||||||
| |||||||
1 | custody or guardianship of the Department of Children and | ||||||
2 | Family Services; | ||||||
3 | (31) the defendant (i) committed the offense of | ||||||
4 | driving while under the influence of alcohol, other drug | ||||||
5 | or drugs, intoxicating compound or compounds or any | ||||||
6 | combination thereof in violation of Section 11-501 of the | ||||||
7 | Illinois Vehicle Code or a similar provision of a local | ||||||
8 | ordinance and (ii) the defendant during the commission of | ||||||
9 | the offense was driving his or her vehicle upon a roadway | ||||||
10 | designated for one-way traffic in the opposite direction | ||||||
11 | of the direction indicated by official traffic control | ||||||
12 | devices; | ||||||
13 | (32) the defendant committed the offense of reckless | ||||||
14 | homicide while committing a violation of Section 11-907 of | ||||||
15 | the Illinois Vehicle Code; | ||||||
16 | (33) the defendant was found guilty of an | ||||||
17 | administrative infraction related to an act or acts of | ||||||
18 | public indecency or sexual misconduct in the penal | ||||||
19 | institution. In this paragraph (33), "penal institution" | ||||||
20 | has the same meaning as in Section 2-14 of the Criminal | ||||||
21 | Code of 2012; or | ||||||
22 | (34) the defendant committed the offense of leaving | ||||||
23 | the scene of an accident in violation of subsection (b) of | ||||||
24 | Section 11-401 of the Illinois Vehicle Code and the | ||||||
25 | accident resulted in the death of a person and at the time | ||||||
26 | of the offense, the defendant was: (i) driving under the |
| |||||||
| |||||||
1 | influence of alcohol, other drug or drugs, intoxicating | ||||||
2 | compound or compounds or any combination thereof as | ||||||
3 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
4 | (ii) operating the motor vehicle while using an electronic | ||||||
5 | communication device as defined in Section 12-610.2 of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | For the purposes of this Section:
| ||||||
8 | "School" is defined as a public or private
elementary or | ||||||
9 | secondary school, community college, college, or university.
| ||||||
10 | "Day care center" means a public or private State | ||||||
11 | certified and
licensed day care center as defined in Section | ||||||
12 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
13 | plain view stating that the
property is a day care center.
| ||||||
14 | "Intellectual disability" means significantly subaverage | ||||||
15 | intellectual functioning which exists concurrently
with | ||||||
16 | impairment in adaptive behavior. | ||||||
17 | "Public transportation" means the transportation
or | ||||||
18 | conveyance of persons by means available to the general | ||||||
19 | public, and includes paratransit services. | ||||||
20 | "Traffic control devices" means all signs, signals, | ||||||
21 | markings, and devices that conform to the Illinois Manual on | ||||||
22 | Uniform Traffic Control Devices, placed or erected by | ||||||
23 | authority of a public body or official having jurisdiction, | ||||||
24 | for the purpose of regulating, warning, or guiding traffic. | ||||||
25 | (b) The following factors, related to all felonies, may be | ||||||
26 | considered by the court as
reasons to impose an extended term |
| |||||||
| |||||||
1 | sentence under Section 5-8-2
upon any offender:
| ||||||
2 | (1) When a defendant is convicted of any felony, after | ||||||
3 | having
been previously convicted in Illinois or any other | ||||||
4 | jurisdiction of the
same or similar class felony or | ||||||
5 | greater class felony, when such conviction
has occurred | ||||||
6 | within 10 years after the
previous conviction, excluding | ||||||
7 | time spent in custody, and such charges are
separately | ||||||
8 | brought and tried and arise out of different series of | ||||||
9 | acts; or
| ||||||
10 | (2) When a defendant is convicted of any felony and | ||||||
11 | the court
finds that the offense was accompanied by | ||||||
12 | exceptionally brutal
or heinous behavior indicative of | ||||||
13 | wanton cruelty; or
| ||||||
14 | (3) When a defendant is convicted of any felony | ||||||
15 | committed against:
| ||||||
16 | (i) a person under 12 years of age at the time of | ||||||
17 | the offense or such
person's property;
| ||||||
18 | (ii) a person 60 years of age or older at the time | ||||||
19 | of the offense or
such person's property; or
| ||||||
20 | (iii) a person who had a physical disability at | ||||||
21 | the time of the offense or
such person's property; or
| ||||||
22 | (4) When a defendant is convicted of any felony and | ||||||
23 | the offense
involved any of the following types of | ||||||
24 | specific misconduct committed as
part of a ceremony, rite, | ||||||
25 | initiation, observance, performance, practice or
activity | ||||||
26 | of any actual or ostensible religious, fraternal, or |
| |||||||
| |||||||
1 | social group:
| ||||||
2 | (i) the brutalizing or torturing of humans or | ||||||
3 | animals;
| ||||||
4 | (ii) the theft of human corpses;
| ||||||
5 | (iii) the kidnapping of humans;
| ||||||
6 | (iv) the desecration of any cemetery, religious, | ||||||
7 | fraternal, business,
governmental, educational, or | ||||||
8 | other building or property; or
| ||||||
9 | (v) ritualized abuse of a child; or
| ||||||
10 | (5) When a defendant is convicted of a felony other | ||||||
11 | than conspiracy and
the court finds that
the felony was | ||||||
12 | committed under an agreement with 2 or more other persons
| ||||||
13 | to commit that offense and the defendant, with respect to | ||||||
14 | the other
individuals, occupied a position of organizer, | ||||||
15 | supervisor, financier, or any
other position of management | ||||||
16 | or leadership, and the court further finds that
the felony | ||||||
17 | committed was related to or in furtherance of the criminal
| ||||||
18 | activities of an organized gang or was motivated by the | ||||||
19 | defendant's leadership
in an organized gang; or
| ||||||
20 | (6) When a defendant is convicted of an offense | ||||||
21 | committed while using a firearm with a
laser sight | ||||||
22 | attached to it. For purposes of this paragraph, "laser | ||||||
23 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
24 | the Criminal Code of
2012; or
| ||||||
25 | (7) When a defendant who was at least 17 years of age | ||||||
26 | at the
time of
the commission of the offense is convicted |
| |||||||
| |||||||
1 | of a felony and has been previously
adjudicated a | ||||||
2 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
3 | an act
that if committed by an adult would be a Class X or | ||||||
4 | Class 1 felony when the
conviction has occurred within 10 | ||||||
5 | years after the previous adjudication,
excluding time | ||||||
6 | spent in custody; or
| ||||||
7 | (8) When a defendant commits any felony and the | ||||||
8 | defendant used, possessed, exercised control over, or | ||||||
9 | otherwise directed an animal to assault a law enforcement | ||||||
10 | officer engaged in the execution of his or her official | ||||||
11 | duties or in furtherance of the criminal activities of an | ||||||
12 | organized gang in which the defendant is engaged; or
| ||||||
13 | (9) When a defendant commits any felony and the | ||||||
14 | defendant knowingly video or audio records the offense | ||||||
15 | with the intent to disseminate the recording. | ||||||
16 | (c) The following factors may be considered by the court | ||||||
17 | as reasons to impose an extended term sentence under Section | ||||||
18 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
19 | offenses: | ||||||
20 | (1) When a defendant is convicted of first degree | ||||||
21 | murder, after having been previously convicted in Illinois | ||||||
22 | of any offense listed under paragraph (c)(2) of Section | ||||||
23 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
24 | occurred within 10 years after the previous conviction, | ||||||
25 | excluding time spent in custody, and the charges are | ||||||
26 | separately brought and tried and arise out of different |
| |||||||
| |||||||
1 | series of acts. | ||||||
2 | (1.5) When a defendant is convicted of first degree | ||||||
3 | murder, after having been previously convicted of domestic | ||||||
4 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
5 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
6 | having been previously convicted of violation of an order | ||||||
7 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
8 | was the protected person. | ||||||
9 | (2) When a defendant is convicted of voluntary | ||||||
10 | manslaughter, second degree murder, involuntary | ||||||
11 | manslaughter, or reckless homicide in which the defendant | ||||||
12 | has been convicted of causing the death of more than one | ||||||
13 | individual. | ||||||
14 | (3) When a defendant is convicted of aggravated | ||||||
15 | criminal sexual assault or criminal sexual assault, when | ||||||
16 | there is a finding that aggravated criminal sexual assault | ||||||
17 | or criminal sexual assault was also committed on the same | ||||||
18 | victim by one or more other individuals, and the defendant | ||||||
19 | voluntarily participated in the crime with the knowledge | ||||||
20 | of the participation of the others in the crime, and the | ||||||
21 | commission of the crime was part of a single course of | ||||||
22 | conduct during which there was no substantial change in | ||||||
23 | the nature of the criminal objective. | ||||||
24 | (4) If the victim was under 18 years of age at the time | ||||||
25 | of the commission of the offense, when a defendant is | ||||||
26 | convicted of aggravated criminal sexual assault or |
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child under | ||||||
2 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
3 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
5 | (5) When a defendant is convicted of a felony | ||||||
6 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
8 | finding that the defendant is a member of an organized | ||||||
9 | gang. | ||||||
10 | (6) When a defendant was convicted of unlawful use of | ||||||
11 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
13 | a weapon that is not readily distinguishable as one of the | ||||||
14 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
16 | (7) When a defendant is convicted of an offense | ||||||
17 | involving the illegal manufacture of a controlled | ||||||
18 | substance under Section 401 of the Illinois Controlled | ||||||
19 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
20 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
21 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
22 | the illegal possession of explosives and an emergency | ||||||
23 | response officer in the performance of his or her duties | ||||||
24 | is killed or injured at the scene of the offense while | ||||||
25 | responding to the emergency caused by the commission of | ||||||
26 | the offense. In this paragraph, "emergency" means a |
| |||||||
| |||||||
1 | situation in which a person's life, health, or safety is | ||||||
2 | in jeopardy; and "emergency response officer" means a | ||||||
3 | peace officer, community policing volunteer, fireman, | ||||||
4 | emergency medical technician-ambulance, emergency medical | ||||||
5 | technician-intermediate, emergency medical | ||||||
6 | technician-paramedic, ambulance driver, other medical | ||||||
7 | assistance or first aid personnel, or hospital emergency | ||||||
8 | room personnel.
| ||||||
9 | (8) When the defendant is convicted of attempted mob | ||||||
10 | action, solicitation to commit mob action, or conspiracy | ||||||
11 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
12 | Criminal Code of 2012, where the criminal object is a | ||||||
13 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
14 | and an electronic communication is used in the commission | ||||||
15 | of the offense. For the purposes of this paragraph (8), | ||||||
16 | "electronic communication" shall have the meaning provided | ||||||
17 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
18 | (d) For the purposes of this Section, "organized gang" has | ||||||
19 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
20 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
21 | (e) The court may impose an extended term sentence under | ||||||
22 | Article 4.5 of Chapter V upon an offender who has been | ||||||
23 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
24 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
25 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
26 | when the victim of the offense is under 18 years of age at the |
| |||||||
| |||||||
1 | time of the commission of the offense and, during the | ||||||
2 | commission of the offense, the victim was under the influence | ||||||
3 | of alcohol, regardless of whether or not the alcohol was | ||||||
4 | supplied by the offender; and the offender, at the time of the | ||||||
5 | commission of the offense, knew or should have known that the | ||||||
6 | victim had consumed alcohol. | ||||||
7 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
8 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
9 | 8-20-21 .) | ||||||
10 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
11 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
12 | sentencing.
| ||||||
13 | (a) The following factors shall be accorded weight in | ||||||
14 | favor of
imposing a term of imprisonment or may be considered | ||||||
15 | by the court as reasons
to impose a more severe sentence under | ||||||
16 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
17 | (1) the defendant's conduct caused or threatened | ||||||
18 | serious harm;
| ||||||
19 | (2) the defendant received compensation for committing | ||||||
20 | the offense;
| ||||||
21 | (3) the defendant has a history of prior delinquency | ||||||
22 | or criminal activity;
| ||||||
23 | (4) the defendant, by the duties of his office or by | ||||||
24 | his position,
was obliged to prevent the particular | ||||||
25 | offense committed or to bring
the offenders committing it |
| |||||||
| |||||||
1 | to justice;
| ||||||
2 | (5) the defendant held public office at the time of | ||||||
3 | the offense,
and the offense related to the conduct of | ||||||
4 | that office;
| ||||||
5 | (6) the defendant utilized his professional reputation | ||||||
6 | or
position in the community to commit the offense, or to | ||||||
7 | afford
him an easier means of committing it;
| ||||||
8 | (7) the sentence is necessary to deter others from | ||||||
9 | committing
the same crime;
| ||||||
10 | (8) the defendant committed the offense against a | ||||||
11 | person 60 years of age
or older or such person's property;
| ||||||
12 | (9) the defendant committed the offense against a | ||||||
13 | person who has a physical disability or such person's | ||||||
14 | property;
| ||||||
15 | (10) by reason of another individual's actual or | ||||||
16 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
17 | sexual orientation, physical or mental
disability, or | ||||||
18 | national origin, the defendant committed the offense | ||||||
19 | against (i)
the person or property
of that individual; | ||||||
20 | (ii) the person or property of a person who has an
| ||||||
21 | association with, is married to, or has a friendship with | ||||||
22 | the other individual;
or (iii) the person or property of a | ||||||
23 | relative (by blood or marriage) of a
person described in | ||||||
24 | clause (i) or (ii). For the purposes of this Section,
| ||||||
25 | "sexual orientation" has the meaning ascribed to it in | ||||||
26 | paragraph (O-1) of Section 1-103 of the Illinois Human |
| |||||||
| |||||||
1 | Rights Act;
| ||||||
2 | (11) the offense took place in a place of worship or on | ||||||
3 | the
grounds of a place of worship, immediately prior to, | ||||||
4 | during or immediately
following worship services. For | ||||||
5 | purposes of this subparagraph, "place of
worship" shall | ||||||
6 | mean any church, synagogue or other building, structure or
| ||||||
7 | place used primarily for religious worship;
| ||||||
8 | (12) the defendant was convicted of a felony committed | ||||||
9 | while he was
on pretrial release or his own recognizance | ||||||
10 | pending trial for a prior felony
and was convicted of such | ||||||
11 | prior felony, or the defendant was convicted of a
felony | ||||||
12 | committed while he was serving a period of probation,
| ||||||
13 | conditional discharge, or mandatory supervised release | ||||||
14 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
15 | (13) the defendant committed or attempted to commit a | ||||||
16 | felony while he
was wearing a bulletproof vest. For the | ||||||
17 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
18 | device which is designed for the purpose of
protecting the | ||||||
19 | wearer from bullets, shot or other lethal projectiles;
| ||||||
20 | (14) the defendant held a position of trust or | ||||||
21 | supervision such as, but
not limited to, family member as | ||||||
22 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
23 | teacher, scout leader, baby sitter, or child day care | ||||||
24 | worker, in
relation to a victim under 18 years of age, and | ||||||
25 | the defendant committed an
offense in violation of Section | ||||||
26 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
| |||||||
| |||||||
1 | 11-14.4 except for an offense that involves keeping a | ||||||
2 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
3 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
4 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012
against
that victim;
| ||||||
6 | (15) the defendant committed an offense related to the | ||||||
7 | activities of an
organized gang. For the purposes of this | ||||||
8 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
9 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
10 | Act;
| ||||||
11 | (16) the defendant committed an offense in violation | ||||||
12 | of one of the
following Sections while in a school, | ||||||
13 | regardless of the time of day or time of
year; on any | ||||||
14 | conveyance owned, leased, or contracted by a school to | ||||||
15 | transport
students to or from school or a school related | ||||||
16 | activity; on the real property
of a school; or on a public | ||||||
17 | way within 1,000 feet of the real property
comprising any | ||||||
18 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
19 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
20 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
21 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
22 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
23 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
24 | 1961 or the Criminal Code of 2012;
| ||||||
25 | (16.5) the defendant committed an offense in violation | ||||||
26 | of one of the
following Sections while in a child day care |
| |||||||
| |||||||
1 | center, regardless of the time of day or
time of year; on | ||||||
2 | the real property of a child day care center, regardless | ||||||
3 | of the time
of day or time of year; or on a public
way | ||||||
4 | within 1,000 feet of the real property comprising any | ||||||
5 | child day care center,
regardless of the time of day or | ||||||
6 | time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
7 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
8 | 11-18.1, 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, | ||||||
9 | 12-4.3, 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
10 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
11 | for subdivision (a)(4) or (g)(1), of the Criminal
Code of | ||||||
12 | 1961 or the Criminal Code of 2012;
| ||||||
13 | (17) the defendant committed the offense by reason of | ||||||
14 | any person's
activity as a community policing volunteer or | ||||||
15 | to prevent any person from
engaging in activity as a | ||||||
16 | community policing volunteer. For the purpose of
this | ||||||
17 | Section, "community policing volunteer" has the meaning | ||||||
18 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
19 | 2012;
| ||||||
20 | (18) the defendant committed the offense in a nursing | ||||||
21 | home or on the
real
property comprising a nursing home. | ||||||
22 | For the purposes of this paragraph (18),
"nursing home" | ||||||
23 | means a skilled nursing
or intermediate long term care | ||||||
24 | facility that is subject to license by the
Illinois | ||||||
25 | Department of Public Health under the Nursing Home Care
| ||||||
26 | Act, the Specialized Mental Health Rehabilitation Act of |
| |||||||
| |||||||
1 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
2 | (19) the defendant was a federally licensed firearm | ||||||
3 | dealer
and
was
previously convicted of a violation of | ||||||
4 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
5 | Identification Card Act and has now committed either a | ||||||
6 | felony
violation
of the Firearm Owners Identification Card | ||||||
7 | Act or an act of armed violence while
armed
with a firearm; | ||||||
8 | (20) the defendant (i) committed the offense of | ||||||
9 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
11 | driving under the influence of alcohol, other drug or
| ||||||
12 | drugs, intoxicating compound or compounds or any | ||||||
13 | combination thereof under Section 11-501 of the Illinois | ||||||
14 | Vehicle Code or a similar provision of a local ordinance | ||||||
15 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
16 | miles per hour over the posted speed limit as provided in | ||||||
17 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
18 | (21) the defendant (i) committed the offense of | ||||||
19 | reckless driving or aggravated reckless driving under | ||||||
20 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
21 | operating a motor vehicle in excess of 20 miles per hour | ||||||
22 | over the posted speed limit as provided in Article VI of | ||||||
23 | Chapter 11 of the Illinois Vehicle Code; | ||||||
24 | (22) the defendant committed the offense against a | ||||||
25 | person that the defendant knew, or reasonably should have | ||||||
26 | known, was a member of the Armed Forces of the United |
| |||||||
| |||||||
1 | States serving on active duty. For purposes of this clause | ||||||
2 | (22), the term "Armed Forces" means any of the Armed | ||||||
3 | Forces of the United States, including a member of any | ||||||
4 | reserve component thereof or National Guard unit called to | ||||||
5 | active duty;
| ||||||
6 | (23)
the defendant committed the offense against a | ||||||
7 | person who was elderly or infirm or who was a person with a | ||||||
8 | disability by taking advantage of a family or fiduciary | ||||||
9 | relationship with the elderly or infirm person or person | ||||||
10 | with a disability;
| ||||||
11 | (24)
the defendant committed any offense under Section | ||||||
12 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 and possessed 100 or more images;
| ||||||
14 | (25) the defendant committed the offense while the | ||||||
15 | defendant or the victim was in a train, bus, or other | ||||||
16 | vehicle used for public transportation; | ||||||
17 | (26) the defendant committed the offense of child | ||||||
18 | pornography or aggravated child pornography, specifically | ||||||
19 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
20 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
22 | solicited for, depicted in, or posed in any act of sexual | ||||||
23 | penetration or bound, fettered, or subject to sadistic, | ||||||
24 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
25 | and specifically including paragraph (1), (2), (3), (4), | ||||||
26 | (5), or (7) of subsection (a) of Section 11-20.1B or |
| |||||||
| |||||||
1 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
2 | engaged in, solicited for, depicted in, or posed in any | ||||||
3 | act of sexual penetration or bound, fettered, or subject | ||||||
4 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
5 | sexual context; | ||||||
6 | (27) the defendant committed the offense of first | ||||||
7 | degree murder, assault, aggravated assault, battery, | ||||||
8 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
9 | robbery against a person who was a veteran and the | ||||||
10 | defendant knew, or reasonably should have known, that the | ||||||
11 | person was a veteran performing duties as a representative | ||||||
12 | of a veterans' organization. For the purposes of this | ||||||
13 | paragraph (27), "veteran" means an Illinois resident who | ||||||
14 | has served as a member of the United States Armed Forces, a | ||||||
15 | member of the Illinois National Guard, or a member of the | ||||||
16 | United States Reserve Forces; and "veterans' organization" | ||||||
17 | means an organization comprised of members of
which | ||||||
18 | substantially all are individuals who are veterans or | ||||||
19 | spouses,
widows, or widowers of veterans, the primary | ||||||
20 | purpose of which is to
promote the welfare of its members | ||||||
21 | and to provide assistance to the general
public in such a | ||||||
22 | way as to confer a public benefit; | ||||||
23 | (28) the defendant committed the offense of assault, | ||||||
24 | aggravated assault, battery, aggravated battery, robbery, | ||||||
25 | armed robbery, or aggravated robbery against a person that | ||||||
26 | the defendant knew or reasonably should have known was a |
| |||||||
| |||||||
1 | letter carrier or postal worker while that person was | ||||||
2 | performing his or her duties delivering mail for the | ||||||
3 | United States Postal Service; | ||||||
4 | (29) the defendant committed the offense of criminal | ||||||
5 | sexual assault, aggravated criminal sexual assault, | ||||||
6 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
7 | against a victim with an intellectual disability, and the | ||||||
8 | defendant holds a position of trust, authority, or | ||||||
9 | supervision in relation to the victim; | ||||||
10 | (30) the defendant committed the offense of promoting | ||||||
11 | juvenile prostitution, patronizing a prostitute, or | ||||||
12 | patronizing a minor engaged in prostitution and at the | ||||||
13 | time of the commission of the offense knew that the | ||||||
14 | prostitute or minor engaged in prostitution was in the | ||||||
15 | custody or guardianship of the Department of Children and | ||||||
16 | Family Services; | ||||||
17 | (31) the defendant (i) committed the offense of | ||||||
18 | driving while under the influence of alcohol, other drug | ||||||
19 | or drugs, intoxicating compound or compounds or any | ||||||
20 | combination thereof in violation of Section 11-501 of the | ||||||
21 | Illinois Vehicle Code or a similar provision of a local | ||||||
22 | ordinance and (ii) the defendant during the commission of | ||||||
23 | the offense was driving his or her vehicle upon a roadway | ||||||
24 | designated for one-way traffic in the opposite direction | ||||||
25 | of the direction indicated by official traffic control | ||||||
26 | devices; |
| |||||||
| |||||||
1 | (32) the defendant committed the offense of reckless | ||||||
2 | homicide while committing a violation of Section 11-907 of | ||||||
3 | the Illinois Vehicle Code; | ||||||
4 | (33) the defendant was found guilty of an | ||||||
5 | administrative infraction related to an act or acts of | ||||||
6 | public indecency or sexual misconduct in the penal | ||||||
7 | institution. In this paragraph (33), "penal institution" | ||||||
8 | has the same meaning as in Section 2-14 of the Criminal | ||||||
9 | Code of 2012; or | ||||||
10 | (34) the defendant committed the offense of leaving | ||||||
11 | the scene of a crash in violation of subsection (b) of | ||||||
12 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
13 | resulted in the death of a person and at the time of the | ||||||
14 | offense, the defendant was: (i) driving under the | ||||||
15 | influence of alcohol, other drug or drugs, intoxicating | ||||||
16 | compound or compounds or any combination thereof as | ||||||
17 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
18 | (ii) operating the motor vehicle while using an electronic | ||||||
19 | communication device as defined in Section 12-610.2 of the | ||||||
20 | Illinois Vehicle Code. | ||||||
21 | For the purposes of this Section:
| ||||||
22 | "School" is defined as a public or private
elementary or | ||||||
23 | secondary school, community college, college, or university.
| ||||||
24 | " Child Day care center" means a public or private State | ||||||
25 | certified and
licensed child day care center as defined in | ||||||
26 | Section 2.09 of the Child Care Act of
1969 that displays a sign |
| |||||||
| |||||||
1 | in plain view stating that the
property is a child day care | ||||||
2 | center.
| ||||||
3 | "Intellectual disability" means significantly subaverage | ||||||
4 | intellectual functioning which exists concurrently
with | ||||||
5 | impairment in adaptive behavior. | ||||||
6 | "Public transportation" means the transportation
or | ||||||
7 | conveyance of persons by means available to the general | ||||||
8 | public, and includes paratransit services. | ||||||
9 | "Traffic control devices" means all signs, signals, | ||||||
10 | markings, and devices that conform to the Illinois Manual on | ||||||
11 | Uniform Traffic Control Devices, placed or erected by | ||||||
12 | authority of a public body or official having jurisdiction, | ||||||
13 | for the purpose of regulating, warning, or guiding traffic. | ||||||
14 | (b) The following factors, related to all felonies, may be | ||||||
15 | considered by the court as
reasons to impose an extended term | ||||||
16 | sentence under Section 5-8-2
upon any offender:
| ||||||
17 | (1) When a defendant is convicted of any felony, after | ||||||
18 | having
been previously convicted in Illinois or any other | ||||||
19 | jurisdiction of the
same or similar class felony or | ||||||
20 | greater class felony, when such conviction
has occurred | ||||||
21 | within 10 years after the
previous conviction, excluding | ||||||
22 | time spent in custody, and such charges are
separately | ||||||
23 | brought and tried and arise out of different series of | ||||||
24 | acts; or
| ||||||
25 | (2) When a defendant is convicted of any felony and | ||||||
26 | the court
finds that the offense was accompanied by |
| |||||||
| |||||||
1 | exceptionally brutal
or heinous behavior indicative of | ||||||
2 | wanton cruelty; or
| ||||||
3 | (3) When a defendant is convicted of any felony | ||||||
4 | committed against:
| ||||||
5 | (i) a person under 12 years of age at the time of | ||||||
6 | the offense or such
person's property;
| ||||||
7 | (ii) a person 60 years of age or older at the time | ||||||
8 | of the offense or
such person's property; or
| ||||||
9 | (iii) a person who had a physical disability at | ||||||
10 | the time of the offense or
such person's property; or
| ||||||
11 | (4) When a defendant is convicted of any felony and | ||||||
12 | the offense
involved any of the following types of | ||||||
13 | specific misconduct committed as
part of a ceremony, rite, | ||||||
14 | initiation, observance, performance, practice or
activity | ||||||
15 | of any actual or ostensible religious, fraternal, or | ||||||
16 | social group:
| ||||||
17 | (i) the brutalizing or torturing of humans or | ||||||
18 | animals;
| ||||||
19 | (ii) the theft of human corpses;
| ||||||
20 | (iii) the kidnapping of humans;
| ||||||
21 | (iv) the desecration of any cemetery, religious, | ||||||
22 | fraternal, business,
governmental, educational, or | ||||||
23 | other building or property; or
| ||||||
24 | (v) ritualized abuse of a child; or
| ||||||
25 | (5) When a defendant is convicted of a felony other | ||||||
26 | than conspiracy and
the court finds that
the felony was |
| |||||||
| |||||||
1 | committed under an agreement with 2 or more other persons
| ||||||
2 | to commit that offense and the defendant, with respect to | ||||||
3 | the other
individuals, occupied a position of organizer, | ||||||
4 | supervisor, financier, or any
other position of management | ||||||
5 | or leadership, and the court further finds that
the felony | ||||||
6 | committed was related to or in furtherance of the criminal
| ||||||
7 | activities of an organized gang or was motivated by the | ||||||
8 | defendant's leadership
in an organized gang; or
| ||||||
9 | (6) When a defendant is convicted of an offense | ||||||
10 | committed while using a firearm with a
laser sight | ||||||
11 | attached to it. For purposes of this paragraph, "laser | ||||||
12 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
13 | the Criminal Code of
2012; or
| ||||||
14 | (7) When a defendant who was at least 17 years of age | ||||||
15 | at the
time of
the commission of the offense is convicted | ||||||
16 | of a felony and has been previously
adjudicated a | ||||||
17 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
18 | an act
that if committed by an adult would be a Class X or | ||||||
19 | Class 1 felony when the
conviction has occurred within 10 | ||||||
20 | years after the previous adjudication,
excluding time | ||||||
21 | spent in custody; or
| ||||||
22 | (8) When a defendant commits any felony and the | ||||||
23 | defendant used, possessed, exercised control over, or | ||||||
24 | otherwise directed an animal to assault a law enforcement | ||||||
25 | officer engaged in the execution of his or her official | ||||||
26 | duties or in furtherance of the criminal activities of an |
| |||||||
| |||||||
1 | organized gang in which the defendant is engaged; or
| ||||||
2 | (9) When a defendant commits any felony and the | ||||||
3 | defendant knowingly video or audio records the offense | ||||||
4 | with the intent to disseminate the recording. | ||||||
5 | (c) The following factors may be considered by the court | ||||||
6 | as reasons to impose an extended term sentence under Section | ||||||
7 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
8 | offenses: | ||||||
9 | (1) When a defendant is convicted of first degree | ||||||
10 | murder, after having been previously convicted in Illinois | ||||||
11 | of any offense listed under paragraph (c)(2) of Section | ||||||
12 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
13 | occurred within 10 years after the previous conviction, | ||||||
14 | excluding time spent in custody, and the charges are | ||||||
15 | separately brought and tried and arise out of different | ||||||
16 | series of acts. | ||||||
17 | (1.5) When a defendant is convicted of first degree | ||||||
18 | murder, after having been previously convicted of domestic | ||||||
19 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
20 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
21 | having been previously convicted of violation of an order | ||||||
22 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
23 | was the protected person. | ||||||
24 | (2) When a defendant is convicted of voluntary | ||||||
25 | manslaughter, second degree murder, involuntary | ||||||
26 | manslaughter, or reckless homicide in which the defendant |
| |||||||
| |||||||
1 | has been convicted of causing the death of more than one | ||||||
2 | individual. | ||||||
3 | (3) When a defendant is convicted of aggravated | ||||||
4 | criminal sexual assault or criminal sexual assault, when | ||||||
5 | there is a finding that aggravated criminal sexual assault | ||||||
6 | or criminal sexual assault was also committed on the same | ||||||
7 | victim by one or more other individuals, and the defendant | ||||||
8 | voluntarily participated in the crime with the knowledge | ||||||
9 | of the participation of the others in the crime, and the | ||||||
10 | commission of the crime was part of a single course of | ||||||
11 | conduct during which there was no substantial change in | ||||||
12 | the nature of the criminal objective. | ||||||
13 | (4) If the victim was under 18 years of age at the time | ||||||
14 | of the commission of the offense, when a defendant is | ||||||
15 | convicted of aggravated criminal sexual assault or | ||||||
16 | predatory criminal sexual assault of a child under | ||||||
17 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
18 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
20 | (5) When a defendant is convicted of a felony | ||||||
21 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
23 | finding that the defendant is a member of an organized | ||||||
24 | gang. | ||||||
25 | (6) When a defendant was convicted of unlawful use of | ||||||
26 | weapons under Section 24-1 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
2 | a weapon that is not readily distinguishable as one of the | ||||||
3 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
5 | (7) When a defendant is convicted of an offense | ||||||
6 | involving the illegal manufacture of a controlled | ||||||
7 | substance under Section 401 of the Illinois Controlled | ||||||
8 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
9 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
10 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
11 | the illegal possession of explosives and an emergency | ||||||
12 | response officer in the performance of his or her duties | ||||||
13 | is killed or injured at the scene of the offense while | ||||||
14 | responding to the emergency caused by the commission of | ||||||
15 | the offense. In this paragraph, "emergency" means a | ||||||
16 | situation in which a person's life, health, or safety is | ||||||
17 | in jeopardy; and "emergency response officer" means a | ||||||
18 | peace officer, community policing volunteer, fireman, | ||||||
19 | emergency medical technician-ambulance, emergency medical | ||||||
20 | technician-intermediate, emergency medical | ||||||
21 | technician-paramedic, ambulance driver, other medical | ||||||
22 | assistance or first aid personnel, or hospital emergency | ||||||
23 | room personnel.
| ||||||
24 | (8) When the defendant is convicted of attempted mob | ||||||
25 | action, solicitation to commit mob action, or conspiracy | ||||||
26 | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012, where the criminal object is a | ||||||
2 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
3 | and an electronic communication is used in the commission | ||||||
4 | of the offense. For the purposes of this paragraph (8), | ||||||
5 | "electronic communication" shall have the meaning provided | ||||||
6 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
7 | (d) For the purposes of this Section, "organized gang" has | ||||||
8 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
9 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
10 | (e) The court may impose an extended term sentence under | ||||||
11 | Article 4.5 of Chapter V upon an offender who has been | ||||||
12 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
13 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
14 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
15 | when the victim of the offense is under 18 years of age at the | ||||||
16 | time of the commission of the offense and, during the | ||||||
17 | commission of the offense, the victim was under the influence | ||||||
18 | of alcohol, regardless of whether or not the alcohol was | ||||||
19 | supplied by the offender; and the offender, at the time of the | ||||||
20 | commission of the offense, knew or should have known that the | ||||||
21 | victim had consumed alcohol. | ||||||
22 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
23 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
24 | 8-20-21; 102-982, eff. 7-1-23 .) | ||||||
25 | Section 300. The Stalking No Contact Order Act is amended |
| |||||||
| |||||||
1 | by changing Sections 80 and 115 as follows: | ||||||
2 | (740 ILCS 21/80)
| ||||||
3 | Sec. 80. Stalking no contact orders; remedies. | ||||||
4 | (a) If the court finds that the petitioner has been a | ||||||
5 | victim of stalking, a stalking no contact order shall issue; | ||||||
6 | provided that the petitioner must also satisfy the | ||||||
7 | requirements of Section 95 on emergency orders or Section 100 | ||||||
8 | on plenary orders. The petitioner shall not be denied a | ||||||
9 | stalking no contact order because the petitioner or the | ||||||
10 | respondent is a minor. The court, when determining whether or | ||||||
11 | not to issue a stalking no contact order, may not require | ||||||
12 | physical injury on the person of the petitioner. Modification | ||||||
13 | and extension of prior stalking no contact orders shall be in | ||||||
14 | accordance with this Act. | ||||||
15 | (b) A stalking no contact order shall order one or more of | ||||||
16 | the following: | ||||||
17 | (1) prohibit the respondent from threatening to commit | ||||||
18 | or committing stalking; | ||||||
19 | (2) order the respondent not to have any contact with | ||||||
20 | the petitioner or a third person specifically named by the | ||||||
21 | court; | ||||||
22 | (3) prohibit the respondent from knowingly coming | ||||||
23 | within, or knowingly remaining within a specified distance | ||||||
24 | of the petitioner or the petitioner's residence, school, | ||||||
25 | child care daycare , or place of employment, or any |
| |||||||
| |||||||
1 | specified place frequented by the petitioner; however, the | ||||||
2 | court may order the respondent to stay away from the | ||||||
3 | respondent's own residence, school, or place of employment | ||||||
4 | only if the respondent has been provided actual notice of | ||||||
5 | the opportunity to appear and be heard on the petition; | ||||||
6 | (4) prohibit the respondent from possessing a Firearm | ||||||
7 | Owners Identification Card, or possessing or buying | ||||||
8 | firearms; and | ||||||
9 | (5) order other injunctive relief the court determines | ||||||
10 | to be necessary to protect the petitioner or third party | ||||||
11 | specifically named by the court. | ||||||
12 | (b-5) When the petitioner and the respondent attend the | ||||||
13 | same public, private, or non-public elementary, middle, or | ||||||
14 | high school, the court when issuing a stalking no contact | ||||||
15 | order and providing relief shall consider the severity of the | ||||||
16 | act, any continuing physical danger or emotional distress to | ||||||
17 | the petitioner, the educational rights guaranteed to the | ||||||
18 | petitioner and respondent under federal and State law, the | ||||||
19 | availability of a transfer of the respondent to another | ||||||
20 | school, a change of placement or a change of program of the | ||||||
21 | respondent, the expense, difficulty, and educational | ||||||
22 | disruption that would be caused by a transfer of the | ||||||
23 | respondent to another school, and any other relevant facts of | ||||||
24 | the case. The court may order that the respondent not attend | ||||||
25 | the public, private, or non-public elementary, middle, or high | ||||||
26 | school attended by the petitioner, order that the respondent |
| |||||||
| |||||||
1 | accept a change of placement or program, as determined by the | ||||||
2 | school district or private or non-public school, or place | ||||||
3 | restrictions on the respondent's movements within the school | ||||||
4 | attended by the petitioner.
The respondent bears the burden of | ||||||
5 | proving by a preponderance of the evidence that a transfer, | ||||||
6 | change of placement, or change of program of the respondent is | ||||||
7 | not available. The respondent also bears the burden of | ||||||
8 | production with respect to the expense, difficulty, and | ||||||
9 | educational disruption that would be caused by a transfer of | ||||||
10 | the respondent to another school. A transfer, change of | ||||||
11 | placement, or change of program is not unavailable to the | ||||||
12 | respondent solely on the ground that the respondent does not | ||||||
13 | agree with the school district's or private or non-public | ||||||
14 | school's transfer, change of placement, or change of program | ||||||
15 | or solely on the ground that the respondent fails or refuses to | ||||||
16 | consent to or otherwise does not take an action required to | ||||||
17 | effectuate a transfer, change of placement, or change of | ||||||
18 | program.
When a court orders a respondent to stay away from the | ||||||
19 | public, private, or non-public school attended by the | ||||||
20 | petitioner and the respondent requests a transfer to another | ||||||
21 | attendance center within the respondent's school district or | ||||||
22 | private or non-public school, the school district or private | ||||||
23 | or non-public school shall have sole discretion to determine | ||||||
24 | the attendance center to which the respondent is transferred.
| ||||||
25 | In the event the court order results in a transfer of the minor | ||||||
26 | respondent to another attendance center, a change in the |
| |||||||
| |||||||
1 | respondent's placement, or a change of the respondent's | ||||||
2 | program, the parents, guardian, or legal custodian of the | ||||||
3 | respondent is responsible for transportation and other costs | ||||||
4 | associated with the transfer or change. | ||||||
5 | (b-6) The court may order the parents, guardian, or legal | ||||||
6 | custodian of a minor respondent to take certain actions or to | ||||||
7 | refrain from taking certain actions to ensure that the | ||||||
8 | respondent complies with the order. In the event the court | ||||||
9 | orders a transfer of the respondent to another school, the | ||||||
10 | parents, guardian, or legal custodian of the respondent are | ||||||
11 | responsible for transportation and other costs associated with | ||||||
12 | the change of school by the respondent. | ||||||
13 | (b-7) The court shall not hold a school district or | ||||||
14 | private or non-public school or any of its employees in civil | ||||||
15 | or criminal contempt unless the school district or private or | ||||||
16 | non-public school has been allowed to intervene. | ||||||
17 | (b-8) The court may hold the parents, guardian, or legal | ||||||
18 | custodian of a minor respondent in civil or criminal contempt | ||||||
19 | for a violation of any provision of any order entered under | ||||||
20 | this Act for conduct of the minor respondent in violation of | ||||||
21 | this Act if the
parents, guardian, or legal custodian | ||||||
22 | directed, encouraged, or assisted the respondent minor in such | ||||||
23 | conduct. | ||||||
24 | (c) The court may award the petitioner costs and attorneys | ||||||
25 | fees if a stalking no contact order is granted. | ||||||
26 | (d) Monetary damages are not recoverable as a remedy. |
| |||||||
| |||||||
1 | (e) If the stalking no contact order prohibits the | ||||||
2 | respondent from possessing a Firearm Owner's Identification | ||||||
3 | Card, or possessing or buying firearms; the court shall | ||||||
4 | confiscate the respondent's Firearm Owner's Identification | ||||||
5 | Card and immediately return the card to the Illinois State | ||||||
6 | Police Firearm Owner's Identification Card Office.
| ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
8 | (740 ILCS 21/115)
| ||||||
9 | Sec. 115. Notice of orders. | ||||||
10 | (a) Upon issuance of any stalking no contact order, the | ||||||
11 | clerk shall immediately: | ||||||
12 | (1) enter the order on the record and file it in | ||||||
13 | accordance with the circuit court procedures; and | ||||||
14 | (2) provide a file stamped copy of the order to the | ||||||
15 | respondent, if present, and to the petitioner. | ||||||
16 | (b) The clerk of the issuing judge shall, or the | ||||||
17 | petitioner may, on the same day that a stalking no contact | ||||||
18 | order is issued, file a certified copy of that order with the | ||||||
19 | sheriff or other law enforcement officials charged with | ||||||
20 | maintaining Illinois State Police records or charged with | ||||||
21 | serving the order upon the respondent. If the respondent, at | ||||||
22 | the time of the issuance of the order, is committed to the | ||||||
23 | custody of the Illinois Department of Corrections or Illinois | ||||||
24 | Department of Juvenile Justice or is on parole, aftercare | ||||||
25 | release, or mandatory supervised release, the sheriff or other |
| |||||||
| |||||||
1 | law enforcement officials charged with maintaining Illinois | ||||||
2 | State Police records shall notify the Department of | ||||||
3 | Corrections or Department of Juvenile Justice within 48 hours | ||||||
4 | of receipt of a copy of the stalking no contact order from the | ||||||
5 | clerk of the issuing judge or the petitioner. Such notice | ||||||
6 | shall include the name of the respondent, the respondent's | ||||||
7 | IDOC inmate number or IDJJ youth identification number, the | ||||||
8 | respondent's date of birth, and the LEADS Record Index Number. | ||||||
9 | (c) Unless the respondent was present in court when the | ||||||
10 | order was issued, the sheriff, other law enforcement official, | ||||||
11 | or special process server shall promptly serve that order upon | ||||||
12 | the respondent and file proof of such service in the manner | ||||||
13 | provided for service of process in civil proceedings. Instead | ||||||
14 | of serving the order upon the respondent, however, the | ||||||
15 | sheriff, other law enforcement official, special process | ||||||
16 | server, or other persons defined in Section 117 may serve the | ||||||
17 | respondent with a short form notification as provided in | ||||||
18 | Section 117. If process has not yet been served upon the | ||||||
19 | respondent, it shall be served with the order or short form | ||||||
20 | notification if such service is made by the sheriff, other law | ||||||
21 | enforcement official, or special process server. | ||||||
22 | (d) If the person against whom the stalking no contact | ||||||
23 | order is issued is arrested and the written order is issued in | ||||||
24 | accordance with subsection (c) of Section 95 and received by | ||||||
25 | the custodial law enforcement agency before the respondent or | ||||||
26 | arrestee is released from custody, the custodial law |
| |||||||
| |||||||
1 | enforcement agent shall promptly serve the order upon the | ||||||
2 | respondent or arrestee before the respondent or arrestee is | ||||||
3 | released from custody. In no event shall detention of the | ||||||
4 | respondent or arrestee be extended for hearing on the petition | ||||||
5 | for stalking no contact order or receipt of the order issued | ||||||
6 | under Section 95 of this Act. | ||||||
7 | (e) Any order extending, modifying, or revoking any | ||||||
8 | stalking no contact order shall be promptly recorded, issued, | ||||||
9 | and served as provided in this Section. | ||||||
10 | (f) Upon the request of the petitioner, within 24 hours of | ||||||
11 | the issuance of a stalking no contact order, the clerk of the | ||||||
12 | issuing judge shall send written notice of the order along | ||||||
13 | with a certified copy of the order to any school, child care | ||||||
14 | daycare , college, or university at which the petitioner is | ||||||
15 | enrolled.
| ||||||
16 | (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.) | ||||||
17 | Section 305. The Civil No Contact Order Act is amended by | ||||||
18 | changing Section 213 as follows:
| ||||||
19 | (740 ILCS 22/213)
| ||||||
20 | Sec. 213. Civil no contact order; remedies.
| ||||||
21 | (a) If the court finds that the petitioner has been a | ||||||
22 | victim of
non-consensual sexual conduct or non-consensual | ||||||
23 | sexual penetration, a civil no
contact order shall issue; | ||||||
24 | provided that the petitioner must also satisfy the
|
| |||||||
| |||||||
1 | requirements of Section
214 on emergency orders or Section 215 | ||||||
2 | on plenary orders. The petitioner
shall not be denied a civil | ||||||
3 | no contact order because the petitioner or the
respondent is a | ||||||
4 | minor. The court, when
determining whether or not to issue a | ||||||
5 | civil no contact order, may not
require physical injury on the | ||||||
6 | person of the victim.
Modification and extension of prior | ||||||
7 | civil no contact orders shall be in
accordance with this Act.
| ||||||
8 | (a-5) (Blank). | ||||||
9 | (b) (Blank).
| ||||||
10 | (b-5) The court may provide relief as follows: | ||||||
11 | (1) prohibit the respondent from knowingly coming | ||||||
12 | within, or knowingly remaining within, a specified | ||||||
13 | distance from the petitioner; | ||||||
14 | (2) restrain the respondent from having any contact, | ||||||
15 | including nonphysical contact and electronic communication | ||||||
16 | as defined in Section 26.5-0.1 of the Criminal Code of | ||||||
17 | 2012, with the petitioner directly, indirectly, or through | ||||||
18 | third parties, regardless of whether those third parties | ||||||
19 | know of the order; | ||||||
20 | (3) prohibit the respondent from knowingly coming | ||||||
21 | within, or knowingly remaining within, a specified | ||||||
22 | distance from the petitioner's residence, school, child | ||||||
23 | day care or other specified location; | ||||||
24 | (4) order the respondent to stay away from any | ||||||
25 | property or animal owned, possessed, leased, kept, or held | ||||||
26 | by the petitioner and forbid the respondent from taking, |
| |||||||
| |||||||
1 | transferring, encumbering, concealing, harming, or | ||||||
2 | otherwise disposing of the property or animal; and | ||||||
3 | (5) order any other injunctive relief as necessary or | ||||||
4 | appropriate for the protection of the petitioner. | ||||||
5 | (b-6) When the petitioner and the respondent attend the | ||||||
6 | same public or private elementary, middle, or high school, the | ||||||
7 | court when issuing a civil no contact order and providing | ||||||
8 | relief shall consider the severity of the act, any continuing | ||||||
9 | physical danger or emotional distress to the petitioner, the | ||||||
10 | educational rights guaranteed to the petitioner and respondent | ||||||
11 | under federal and State law, the availability of a transfer of | ||||||
12 | the respondent to another school, a change of placement or a | ||||||
13 | change of program of the respondent, the expense, difficulty, | ||||||
14 | and educational disruption that would be caused by a transfer | ||||||
15 | of the respondent to another school, and any other relevant | ||||||
16 | facts of the case. The court may order that the respondent not | ||||||
17 | attend the public, private, or non-public elementary, middle, | ||||||
18 | or high school attended by the petitioner, order that the | ||||||
19 | respondent accept a change of placement or program, as | ||||||
20 | determined by the school district or private or non-public | ||||||
21 | school, or place restrictions on the respondent's movements | ||||||
22 | within the school attended by the petitioner.
The respondent | ||||||
23 | bears the burden of proving by a preponderance of the evidence | ||||||
24 | that a transfer, change of placement, or change of program of | ||||||
25 | the respondent is not available. The respondent also bears the | ||||||
26 | burden of production with respect to the expense, difficulty, |
| |||||||
| |||||||
1 | and educational disruption that would be caused by a transfer | ||||||
2 | of the respondent to another school. A transfer, change of | ||||||
3 | placement, or change of program is not unavailable to the | ||||||
4 | respondent solely on the ground that the respondent does not | ||||||
5 | agree with the school district's or private or non-public | ||||||
6 | school's transfer, change of placement, or change of program | ||||||
7 | or solely on the ground that the respondent fails or refuses to | ||||||
8 | consent to or otherwise does not take an action required to | ||||||
9 | effectuate a transfer, change of placement, or change of | ||||||
10 | program.
When a court orders a respondent to stay away from the | ||||||
11 | public, private, or non-public school attended by the | ||||||
12 | petitioner and the respondent requests a transfer to another | ||||||
13 | attendance center within the respondent's school district or | ||||||
14 | private or non-public school, the school district or private | ||||||
15 | or non-public school shall have sole discretion to determine | ||||||
16 | the attendance center to which the respondent is transferred.
| ||||||
17 | In the event the court order results in a transfer of the minor | ||||||
18 | respondent to another attendance center, a change in the | ||||||
19 | respondent's placement, or a change of the respondent's | ||||||
20 | program, the parents, guardian, or legal custodian of the | ||||||
21 | respondent is responsible for transportation and other costs | ||||||
22 | associated with the transfer or change. | ||||||
23 | (b-7) The court may order the parents, guardian, or legal | ||||||
24 | custodian of a minor respondent to take certain actions or to | ||||||
25 | refrain from taking certain actions to ensure that the | ||||||
26 | respondent complies with the order. In the event the court |
| |||||||
| |||||||
1 | orders a transfer of the respondent to another school, the | ||||||
2 | parents or legal guardians of the respondent are responsible | ||||||
3 | for transportation and other costs associated with the change | ||||||
4 | of school by the respondent. | ||||||
5 | (c) Denial of a remedy may not be based, in whole or in | ||||||
6 | part, on
evidence that:
| ||||||
7 | (1) the respondent has cause for any use of force, | ||||||
8 | unless that
cause satisfies the standards for justifiable | ||||||
9 | use of force provided
by Article 7 of the Criminal Code of | ||||||
10 | 2012;
| ||||||
11 | (2) the respondent was voluntarily intoxicated;
| ||||||
12 | (3) the petitioner acted in self-defense or defense of | ||||||
13 | another,
provided that, if the petitioner utilized force, | ||||||
14 | such force was
justifiable under Article 7 of the Criminal | ||||||
15 | Code of 2012;
| ||||||
16 | (4) the petitioner did not act in self-defense or | ||||||
17 | defense of
another;
| ||||||
18 | (5) the petitioner left the residence or household to | ||||||
19 | avoid
further non-consensual sexual conduct or | ||||||
20 | non-consensual sexual penetration
by the respondent; or
| ||||||
21 | (6) the petitioner did not leave the residence or | ||||||
22 | household to
avoid further non-consensual sexual conduct | ||||||
23 | or non-consensual sexual
penetration by the respondent.
| ||||||
24 | (d) Monetary damages are not recoverable as a remedy.
| ||||||
25 | (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22; | ||||||
26 | 102-831, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | Section 310. The Illinois Parentage Act of 2015 is amended | ||||||
2 | by changing Section 106 as follows: | ||||||
3 | (750 ILCS 46/106)
| ||||||
4 | Sec. 106. Protection of participants. Proceedings under | ||||||
5 | this Act are subject to other law of this State governing the | ||||||
6 | health, safety, privacy, and liberty of a child or other | ||||||
7 | individual who could be jeopardized by disclosure of | ||||||
8 | identifying information, including address, telephone number, | ||||||
9 | place of employment, social security number, and the child's | ||||||
10 | child care day-care facility and school.
| ||||||
11 | (Source: P.A. 99-85, eff. 1-1-16 .) | ||||||
12 | Section 315. The Illinois Domestic Violence Act of 1986 is | ||||||
13 | amended by changing Sections 203 and 222 as follows:
| ||||||
14 | (750 ILCS 60/203) (from Ch. 40, par. 2312-3)
| ||||||
15 | Sec. 203.
Pleading; non-disclosure of address; | ||||||
16 | non-disclosure of
schools.
| ||||||
17 | (a) A petition for an
order of protection shall be in | ||||||
18 | writing and verified or accompanied by
affidavit
and shall | ||||||
19 | allege that petitioner has been abused by respondent, who is a
| ||||||
20 | family or household member.
The petition shall further set | ||||||
21 | forth whether there is any other pending
action between the | ||||||
22 | parties. During the pendency of this proceeding, each
party |
| |||||||
| |||||||
1 | has a continuing duty to inform the court of any subsequent
| ||||||
2 | proceeding for an order of protection in this or any other | ||||||
3 | state.
| ||||||
4 | (b) If the petition states that disclosure of petitioner's
| ||||||
5 | address would risk abuse of petitioner or any member of | ||||||
6 | petitioner's
family or household
or reveal the confidential | ||||||
7 | address of a shelter for domestic violence victims,
that | ||||||
8 | address may be omitted from all documents filed with the | ||||||
9 | court. If
disclosure is necessary to determine jurisdiction or | ||||||
10 | consider any venue issue,
it shall be made orally and in | ||||||
11 | camera.
If petitioner has not disclosed an address under this | ||||||
12 | subsection,
petitioner shall designate an alternative address | ||||||
13 | at which respondent may
serve notice of any motions.
| ||||||
14 | (c) If the petitioner is seeking to have a child protected | ||||||
15 | by the order of
protection,
and if that child is enrolled in | ||||||
16 | any child care day-care facility, pre-school,
| ||||||
17 | pre-kindergarten, private
school, public school district, | ||||||
18 | college, or university, the petitioner may
provide the name
| ||||||
19 | and address of the child care day-care facility, pre-school, | ||||||
20 | pre-kindergarten, private
school, public
school district, | ||||||
21 | college, or university to the court. However, if the petition
| ||||||
22 | states that
disclosure of this information would risk abuse to | ||||||
23 | petitioner or to the child
protected
under the order, this | ||||||
24 | information may be omitted from all documents filed with
the | ||||||
25 | court.
| ||||||
26 | (Source: P.A. 92-90, eff. 7-18-01.)
|
| |||||||
| |||||||
1 | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| ||||||
2 | Sec. 222. Notice of orders.
| ||||||
3 | (a) Entry and issuance. Upon issuance of any order of | ||||||
4 | protection, the
clerk shall immediately
(i) enter the order on | ||||||
5 | the record and file it
in accordance with the circuit court | ||||||
6 | procedures and (ii) provide a file stamped
copy of the order to | ||||||
7 | respondent, if
present, and to petitioner.
| ||||||
8 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
9 | shall, or
the petitioner may, on the same day that an order of | ||||||
10 | protection is
issued, file a certified copy of that order with | ||||||
11 | the sheriff or other law
enforcement officials charged with | ||||||
12 | maintaining Illinois State Police
records or charged with | ||||||
13 | serving the order upon respondent.
If the respondent, at the | ||||||
14 | time of the issuance of the order, is committed to the custody | ||||||
15 | of the Illinois Department of Corrections or Illinois | ||||||
16 | Department of Juvenile Justice or is on parole, aftercare | ||||||
17 | release, or mandatory supervised release, the sheriff or other | ||||||
18 | law enforcement officials charged with maintaining Illinois | ||||||
19 | State Police records shall notify the Department of | ||||||
20 | Corrections or Department of Juvenile Justice within 48 hours | ||||||
21 | of receipt of a copy of the order of protection from the clerk | ||||||
22 | of the issuing judge or the petitioner. Such notice shall | ||||||
23 | include the name of the respondent, the respondent's IDOC | ||||||
24 | inmate number or IDJJ youth identification number, the | ||||||
25 | respondent's date of birth, and the LEADS Record Index Number.
|
| |||||||
| |||||||
1 | (c) Service by sheriff. Unless respondent was present in | ||||||
2 | court when the
order was issued, the sheriff, other law | ||||||
3 | enforcement official or special
process server shall
promptly | ||||||
4 | serve that order upon respondent and file proof of such | ||||||
5 | service,
in the manner provided for service of process in | ||||||
6 | civil proceedings.
Instead of serving the order upon the | ||||||
7 | respondent, however, the sheriff, other
law enforcement | ||||||
8 | official, special process server, or other persons defined in | ||||||
9 | Section 222.10 may serve the respondent
with a short form | ||||||
10 | notification as provided in Section 222.10.
If
process has not | ||||||
11 | yet been served upon the respondent, it shall be served
with | ||||||
12 | the order or short form notification if such service is made by | ||||||
13 | the sheriff, other law enforcement official, or special | ||||||
14 | process server. A single fee may be charged for
service of an | ||||||
15 | order
obtained in civil court, or for service of such an order | ||||||
16 | together with
process, unless waived or deferred under Section | ||||||
17 | 210.
| ||||||
18 | (c-5) If the person against whom the order of protection | ||||||
19 | is issued is
arrested and the written order is issued in | ||||||
20 | accordance with subsection (c) of
Section 217
and received by | ||||||
21 | the custodial law enforcement agency before the respondent or
| ||||||
22 | arrestee is released from custody, the custodial law | ||||||
23 | enforcement agent shall
promptly serve the order upon the | ||||||
24 | respondent or arrestee before the
respondent or arrestee is | ||||||
25 | released from custody. In no event shall detention
of the | ||||||
26 | respondent or arrestee be extended for hearing on the petition |
| |||||||
| |||||||
1 | for order
of protection or receipt of the order issued under | ||||||
2 | Section 217 of this Act.
| ||||||
3 | (d) Extensions, modifications and revocations. Any order | ||||||
4 | extending,
modifying or revoking any order of protection shall | ||||||
5 | be promptly recorded,
issued and served as provided in this | ||||||
6 | Section.
| ||||||
7 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
8 | within 24
hours of the issuance of an order of
protection, the | ||||||
9 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
10 | order of protection to the child care day-care facility,
| ||||||
11 | pre-school or pre-kindergarten, or private school or the | ||||||
12 | principal
office of the public school district or any college | ||||||
13 | or university in which any child who
is a protected person | ||||||
14 | under the order of protection or any child
of
the
petitioner is | ||||||
15 | enrolled as requested by the petitioner at the mailing address | ||||||
16 | provided by the petitioner.
If the child transfers enrollment | ||||||
17 | to another child care day-care facility, pre-school,
| ||||||
18 | pre-kindergarten,
private school, public school, college, or | ||||||
19 | university, the petitioner may,
within 24 hours
of the | ||||||
20 | transfer, send to the clerk written notice of the transfer, | ||||||
21 | including
the name and
address of the institution to which the | ||||||
22 | child is transferring.
Within 24 hours of receipt of notice
| ||||||
23 | from the petitioner that a child is transferring to another | ||||||
24 | child care day-care facility,
pre-school, pre-kindergarten, | ||||||
25 | private school, public school, college, or
university, the | ||||||
26 | clerk shall send a certified copy of the order to the |
| |||||||
| |||||||
1 | institution to which the child
is
transferring.
| ||||||
2 | (f) Disclosure by schools. After receiving a certified | ||||||
3 | copy of an order
of protection that prohibits a respondent's | ||||||
4 | access to records, neither a
child care day-care facility, | ||||||
5 | pre-school, pre-kindergarten, public
or private school, | ||||||
6 | college, or university nor its employees shall allow a
| ||||||
7 | respondent access to a
protected child's records or release | ||||||
8 | information in those records to the
respondent. The school | ||||||
9 | shall file
the copy of the order of protection in the records | ||||||
10 | of a child who
is a protected person under the order of | ||||||
11 | protection. When a child who is a
protected person under the | ||||||
12 | order of protection transfers to another child care day-care
| ||||||
13 | facility, pre-school, pre-kindergarten, public or private | ||||||
14 | school, college, or
university, the institution from which the | ||||||
15 | child is transferring may, at the
request of the petitioner, | ||||||
16 | provide,
within 24 hours of the transfer, written notice of | ||||||
17 | the order of protection,
along with a certified copy of the | ||||||
18 | order, to the institution to which the child
is
transferring.
| ||||||
19 | (g) Notice to health care facilities and health care | ||||||
20 | practitioners. Upon the request of the petitioner, the clerk | ||||||
21 | of the circuit court shall send a certified copy of the order | ||||||
22 | of protection to any specified health care facility or health | ||||||
23 | care practitioner requested by the petitioner at the mailing | ||||||
24 | address provided by the petitioner. | ||||||
25 | (h) Disclosure by health care facilities and health care | ||||||
26 | practitioners. After receiving a certified copy of an order of |
| |||||||
| |||||||
1 | protection that prohibits a respondent's access to records, no | ||||||
2 | health care facility or health care practitioner shall allow a | ||||||
3 | respondent access to the records of any child who is a | ||||||
4 | protected person under the order of protection, or release | ||||||
5 | information in those records to the respondent, unless the | ||||||
6 | order has expired or the respondent shows a certified copy of | ||||||
7 | the court order vacating the corresponding order of protection | ||||||
8 | that was sent to the health care facility or practitioner. | ||||||
9 | Nothing in this Section shall be construed to require health | ||||||
10 | care facilities or health care practitioners to alter | ||||||
11 | procedures related to billing and payment. The health care | ||||||
12 | facility or health care practitioner may file the copy of the | ||||||
13 | order of protection in the records of a child who is a | ||||||
14 | protected person under the order of protection, or may employ | ||||||
15 | any other method to identify the records to which a respondent | ||||||
16 | is prohibited access. No health care facility or health care | ||||||
17 | practitioner shall be civilly or professionally liable for | ||||||
18 | reliance on a copy of an order of protection, except for | ||||||
19 | willful and wanton misconduct. | ||||||
20 | (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
21 | Section 320. The Illinois Human Rights Act is amended by | ||||||
22 | changing Section 5-101 as follows:
| ||||||
23 | (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
| ||||||
24 | Sec. 5-101. Definitions. The following definitions are |
| |||||||
| |||||||
1 | applicable
strictly in the context of this Article:
| ||||||
2 | (A) Place of Public Accommodation. "Place of public
| ||||||
3 | accommodation" includes, but is not limited to:
| ||||||
4 | (1) an inn, hotel, motel, or other place of lodging, | ||||||
5 | except
for an establishment located within a building that | ||||||
6 | contains
not more than 5 units for rent or hire and that is | ||||||
7 | actually
occupied by the proprietor of such establishment | ||||||
8 | as the
residence of such proprietor; | ||||||
9 | (2) a restaurant, bar, or other establishment serving | ||||||
10 | food or
drink; | ||||||
11 | (3) a motion picture house, theater, concert hall, | ||||||
12 | stadium,
or other place of exhibition or entertainment; | ||||||
13 | (4) an auditorium, convention center, lecture hall, or | ||||||
14 | other
place of public gathering; | ||||||
15 | (5) a bakery, grocery store, clothing store, hardware | ||||||
16 | store,
shopping center, or other sales or rental | ||||||
17 | establishment; | ||||||
18 | (6) a laundromat, dry-cleaner, bank, barber shop, | ||||||
19 | beauty
shop, travel service, shoe repair service, funeral | ||||||
20 | parlor, gas
station, office of an accountant or lawyer, | ||||||
21 | pharmacy, insurance
office, professional office of a | ||||||
22 | health care provider,
hospital, or other service | ||||||
23 | establishment; | ||||||
24 | (7) public conveyances on air, water, or land;
| ||||||
25 | (8) a terminal, depot, or other station used for | ||||||
26 | specified
public transportation; |
| |||||||
| |||||||
1 | (9) a museum, library, gallery, or other place of | ||||||
2 | public
display or collection; | ||||||
3 | (10) a park, zoo, amusement park, or other place of
| ||||||
4 | recreation; | ||||||
5 | (11) a non-sectarian nursery, child day care center, | ||||||
6 | elementary, secondary, undergraduate, or postgraduate | ||||||
7 | school, or other place of education; | ||||||
8 | (12) a senior citizen center, homeless
shelter, food | ||||||
9 | bank, non-sectarian adoption agency, or other social | ||||||
10 | service
center establishment; and | ||||||
11 | (13) a gymnasium, health spa, bowling alley, golf | ||||||
12 | course, or
other place of exercise or recreation.
| ||||||
13 | (B) Operator. "Operator" means any owner, lessee, | ||||||
14 | proprietor,
manager, superintendent, agent, or occupant of a | ||||||
15 | place of public
accommodation or an employee of any such | ||||||
16 | person or persons.
| ||||||
17 | (C) Public Official. "Public official" means any officer | ||||||
18 | or employee
of the state or any agency thereof, including | ||||||
19 | state political subdivisions,
municipal corporations, park | ||||||
20 | districts, forest preserve districts, educational
| ||||||
21 | institutions, and schools.
| ||||||
22 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
23 | Section 325. The Minimum Wage Law is amended by changing | ||||||
24 | Section 3 as follows:
|
| |||||||
| |||||||
1 | (820 ILCS 105/3) (from Ch. 48, par. 1003)
| ||||||
2 | Sec. 3. As used in this Act:
| ||||||
3 | (a) "Director" means the Director of the Department of | ||||||
4 | Labor, and
"Department" means the Department of Labor.
| ||||||
5 | (b) "Wages" means compensation due to an employee by | ||||||
6 | reason of his
employment, including allowances determined by | ||||||
7 | the Director in
accordance with the provisions of this Act for | ||||||
8 | gratuities and, when
furnished by the employer, for meals and | ||||||
9 | lodging actually used by the
employee.
| ||||||
10 | (c) "Employer" includes any individual, partnership, | ||||||
11 | association,
corporation, limited liability company, business | ||||||
12 | trust, governmental or quasi-governmental body, or
any person | ||||||
13 | or group of persons acting directly or indirectly in the
| ||||||
14 | interest of an employer in relation to an employee, for which | ||||||
15 | one or
more persons are gainfully employed on some day within a | ||||||
16 | calendar year.
An employer is subject to this Act in a calendar | ||||||
17 | year on and after the
first day in such calendar year in which | ||||||
18 | he employs one or more persons,
and for the following calendar | ||||||
19 | year.
| ||||||
20 | (d) "Employee" includes any individual permitted to work | ||||||
21 | by an
employer in an occupation, and includes, notwithstanding | ||||||
22 | subdivision (1) of this subsection (d), one or more domestic | ||||||
23 | workers as defined in Section 10 of the Domestic Workers' Bill | ||||||
24 | of Rights Act, but does not include any individual permitted
| ||||||
25 | to work:
| ||||||
26 | (1) For an employer employing fewer than 4 employees |
| |||||||
| |||||||
1 | exclusive of
the employer's parent, spouse or child or | ||||||
2 | other members of his immediate
family.
| ||||||
3 | (2) As an employee employed in agriculture or | ||||||
4 | aquaculture (A) if such
employee is
employed by an | ||||||
5 | employer who did not, during any calendar quarter during
| ||||||
6 | the preceding calendar year, use more than 500 man-days of | ||||||
7 | agricultural
or aquacultural
labor, (B) if such employee | ||||||
8 | is the parent, spouse or child, or other
member of the | ||||||
9 | employer's immediate family, (C) if such employee (i) is
| ||||||
10 | employed as a hand harvest laborer and is paid on a piece | ||||||
11 | rate basis in
an operation which has been, and is | ||||||
12 | customarily and generally recognized
as having been, paid | ||||||
13 | on a piece rate basis in the region of employment,
(ii) | ||||||
14 | commutes daily from his permanent residence to the farm on | ||||||
15 | which he
is so employed, and (iii) has been employed in | ||||||
16 | agriculture less than 13
weeks during the preceding | ||||||
17 | calendar year, (D) if such employee (other
than an | ||||||
18 | employee described in clause (C) of this subparagraph): | ||||||
19 | (i) is
16 years of age or under and is employed as a hand | ||||||
20 | harvest laborer, is paid
on a piece rate basis in an | ||||||
21 | operation which has been, and is customarily
and generally | ||||||
22 | recognized as having been, paid on a piece rate basis in
| ||||||
23 | the region of employment, (ii) is employed on the same | ||||||
24 | farm as his
parent or person standing in the place of his | ||||||
25 | parent, and (iii) is paid
at the same piece rate as | ||||||
26 | employees over 16 are paid on the same farm.
|
| |||||||
| |||||||
1 | (3) (Blank).
| ||||||
2 | (4) As an outside salesman.
| ||||||
3 | (5) As a member of a religious corporation or | ||||||
4 | organization.
| ||||||
5 | (6) At an accredited Illinois college or university | ||||||
6 | employed by the
college
or university at which he is a | ||||||
7 | student who is covered under the provisions
of the Fair | ||||||
8 | Labor Standards Act of 1938, as heretofore or hereafter
| ||||||
9 | amended.
| ||||||
10 | (7) For a motor carrier and with respect to whom the | ||||||
11 | U.S. Secretary of
Transportation has the power to | ||||||
12 | establish qualifications and maximum hours of
service | ||||||
13 | under the provisions of Title 49 U.S.C. or the State of | ||||||
14 | Illinois under
Section 18b-105 (Title 92 of the Illinois | ||||||
15 | Administrative Code, Part 395 -
Hours of Service of | ||||||
16 | Drivers) of the Illinois Vehicle
Code.
| ||||||
17 | (8) As an employee employed as a player who is 28 years | ||||||
18 | old or younger, a manager, a coach, or an athletic trainer | ||||||
19 | by a minor league professional baseball team not | ||||||
20 | affiliated with a major league baseball club, if (A) the | ||||||
21 | minor league professional baseball team does not operate | ||||||
22 | for more than 7 months in any calendar year or (B) during | ||||||
23 | the preceding calendar year, the minor league professional | ||||||
24 | baseball team's average receipts for any 6-month period of | ||||||
25 | the year were not more than 33 1/3% of its average receipts | ||||||
26 | for the other 6 months of the year. |
| |||||||
| |||||||
1 | The above exclusions from the term "employee" may be | ||||||
2 | further defined
by regulations of the Director.
| ||||||
3 | (e) "Occupation" means an industry, trade, business or | ||||||
4 | class of work
in which employees are gainfully employed.
| ||||||
5 | (f) "Gratuities" means voluntary monetary contributions to | ||||||
6 | an
employee from a guest, patron or customer in connection | ||||||
7 | with services
rendered.
| ||||||
8 | (g) "Outside salesman" means an employee regularly engaged | ||||||
9 | in making
sales or obtaining orders or contracts for services | ||||||
10 | where a major
portion of such duties are performed away from | ||||||
11 | his employer's place of
business.
| ||||||
12 | (h) "Day camp" means a seasonal recreation program in | ||||||
13 | operation for no more than 16 weeks intermittently throughout | ||||||
14 | the calendar year, accommodating for profit or under | ||||||
15 | philanthropic or charitable auspices, 5 or more children under | ||||||
16 | 18 years of age, not including overnight programs. The term | ||||||
17 | "day camp" does not include a " child day care agency", "child | ||||||
18 | care facility" or "foster family home" as licensed by the | ||||||
19 | Illinois Department of Children and Family Services. | ||||||
20 | (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
| ||||||
21 | Section 330. The Domestic Workers' Bill of Rights Act is | ||||||
22 | amended by changing Section 10 as follows: | ||||||
23 | (820 ILCS 182/10)
| ||||||
24 | Sec. 10. Definitions. As used in this Act: |
| |||||||
| |||||||
1 | "Domestic work" means: | ||||||
2 | (1) housekeeping; | ||||||
3 | (2) house cleaning; | ||||||
4 | (3) home management; | ||||||
5 | (4) nanny services including child care childcare and | ||||||
6 | child monitoring; | ||||||
7 | (5) caregiving, personal care or home health services | ||||||
8 | for elderly persons or persons with an illness, injury, or | ||||||
9 | disability who require assistance in caring for | ||||||
10 | themselves; | ||||||
11 | (6) laundering; | ||||||
12 | (7) cooking; | ||||||
13 | (8) companion services; | ||||||
14 | (9) chauffeuring; or | ||||||
15 | (10) other household services for members of | ||||||
16 | households or their guests in or about a private home or | ||||||
17 | residence or any other location where the domestic work is | ||||||
18 | performed. | ||||||
19 | "Domestic worker" means a person employed to perform | ||||||
20 | domestic work. "Domestic worker" does not include: (i) a | ||||||
21 | person performing domestic work who is the employer's parent, | ||||||
22 | spouse, child, or other member of his or her immediate family, | ||||||
23 | exclusive of individuals whose primary work duties are | ||||||
24 | caregiving, companion services, personal care or home health | ||||||
25 | services for elderly persons or persons with an illness, | ||||||
26 | injury, or disability who require assistance in caring for |
| |||||||
| |||||||
1 | themselves; (ii) child and day care home providers | ||||||
2 | participating in the child care assistance program under | ||||||
3 | Section 9A-11 of the Illinois Public Aid Code; (iii) a person | ||||||
4 | who is employed by one or more employers in or about a private | ||||||
5 | home or residence or any other location where the domestic | ||||||
6 | work is performed for 8 hours or less in the aggregate in any | ||||||
7 | workweek on a regular basis, exclusive of individuals whose | ||||||
8 | primary work duties are caregiving, companion services, | ||||||
9 | personal care or home health services for elderly persons or | ||||||
10 | persons with an illness, injury, or disability who require | ||||||
11 | assistance in caring for themselves; or (iv) a person who the | ||||||
12 | employer establishes: (A) has been and will continue to be | ||||||
13 | free from control and direction over the performance of his or | ||||||
14 | her work, both under a contract of service and in fact; (B) is | ||||||
15 | engaged in an independently established trade, occupation, | ||||||
16 | profession or business; or (C) is deemed a legitimate sole | ||||||
17 | proprietor or partnership. A sole proprietor or partnership | ||||||
18 | shall be deemed to be legitimate if the employer establishes | ||||||
19 | that: | ||||||
20 | (1) the sole proprietor or partnership is performing | ||||||
21 | the service free from the direction or control over the | ||||||
22 | means and manner of providing the service, subject only to | ||||||
23 | the right of the employer for whom the service is provided | ||||||
24 | to specify the desired result; | ||||||
25 | (2) the sole proprietor or partnership is not subject | ||||||
26 | to cancellation or destruction upon severance of the |
| |||||||
| |||||||
1 | relationship with the employer; | ||||||
2 | (3) the sole proprietor or partnership has a | ||||||
3 | substantial investment of capital in the sole | ||||||
4 | proprietorship or partnership beyond ordinary tools and | ||||||
5 | equipment and a personal vehicle; | ||||||
6 | (4) the sole proprietor or partnership owns the | ||||||
7 | capital goods and gains the profits and bears the losses | ||||||
8 | of the sole proprietorship or partnership; | ||||||
9 | (5) the sole proprietor or partnership makes its | ||||||
10 | services available to the general public on a continuing | ||||||
11 | basis; | ||||||
12 | (6) the sole proprietor or partnership includes | ||||||
13 | services rendered on a Federal Income Tax Schedule as an | ||||||
14 | independent business or profession; | ||||||
15 | (7) the sole proprietor or partnership performs | ||||||
16 | services for the contractor under the sole | ||||||
17 | proprietorship's or partnership's name; | ||||||
18 | (8) when the services being provided require a license | ||||||
19 | or permit, the sole proprietor or partnership obtains and | ||||||
20 | pays for the license or permit in the sole | ||||||
21 | proprietorship's or partnership's name; | ||||||
22 | (9) the sole proprietor or partnership furnishes the | ||||||
23 | tools and equipment necessary to provide the service; | ||||||
24 | (10) if necessary, the sole proprietor or partnership | ||||||
25 | hires its own employees without approval of the employer, | ||||||
26 | pays the employees without reimbursement from the employer |
| |||||||
| |||||||
1 | and reports the employees' income to the Internal Revenue | ||||||
2 | Service; | ||||||
3 | (11) the employer does not represent the sole | ||||||
4 | proprietorship or partnership as an employee of the | ||||||
5 | employer to the public; and | ||||||
6 | (12) the sole proprietor or partnership has the right | ||||||
7 | to perform similar services for others on whatever basis | ||||||
8 | and whenever it chooses. | ||||||
9 | "Employ" includes to suffer or permit to work. | ||||||
10 | "Employee" means a domestic worker. | ||||||
11 | "Employer" means: any individual; partnership; | ||||||
12 | association; corporation; limited liability company; business | ||||||
13 | trust; employment and labor placement agency where wages are | ||||||
14 | made directly or indirectly by the agency or business for work | ||||||
15 | undertaken by employees under hire to a third party pursuant | ||||||
16 | to a contract between the business or agency with the third | ||||||
17 | party; the State of Illinois and local governments, or any | ||||||
18 | political subdivision of the State or local government, or | ||||||
19 | State or local government agency; for which one or more | ||||||
20 | persons is gainfully employed, express or implied, whether | ||||||
21 | lawfully or unlawfully employed, who employs a domestic worker | ||||||
22 | or who exercises control over the domestic worker's wage, | ||||||
23 | remuneration, or other compensation, hours of employment, | ||||||
24 | place of employment, or working conditions, or whose agent or | ||||||
25 | any other person or group of persons acting directly or | ||||||
26 | indirectly in the interest of an employer in relation to the |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | employee exercises control over the domestic worker's wage, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | remuneration or other compensation, hours of employment, place | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | of employment, or working conditions.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (Source: P.A. 99-758, eff. 1-1-17 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | other Public Act.
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