103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1797

 

Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts by replacing the terms "day care", "daycare", and "day-care", in relation to the care of a child, with the term "child care".


LRB103 03433 AMQ 48439 b

 

 

A BILL FOR

 

SB1797LRB103 03433 AMQ 48439 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3 and 7 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1Determinations of confidential employee status shall be based
2on actual employee job duties and not solely on written job
3descriptions.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Illinois State Police,
15means the labor organization that has been (i) designated by
16the Board as the representative of a majority of public
17employees in an appropriate bargaining unit in accordance with
18the procedures contained in this Act; (ii) historically
19recognized by the State of Illinois or any political
20subdivision of the State before July 1, 1984 (the effective
21date of this Act) as the exclusive representative of the
22employees in an appropriate bargaining unit; (iii) after July
231, 1984 (the effective date of this Act) recognized by an
24employer upon evidence, acceptable to the Board, that the
25labor organization has been designated as the exclusive
26representative by a majority of the employees in an

 

 

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1appropriate bargaining unit; (iv) recognized as the exclusive
2representative of personal assistants under Executive Order
32003-8 prior to July 16, 2003 (the effective date of Public Act
493-204), and the organization shall be considered to be the
5exclusive representative of the personal assistants as defined
6in this Section; or (v) recognized as the exclusive
7representative of child and day care home providers, including
8licensed and license exempt providers, pursuant to an election
9held under Executive Order 2005-1 prior to January 1, 2006
10(the effective date of Public Act 94-320), and the
11organization shall be considered to be the exclusive
12representative of the child and day care home providers as
13defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Illinois
17State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire
20fighters in an appropriate bargaining unit in accordance with
21the procedures contained in this Act, (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before January 1, 1986 (the effective
24date of this amendatory Act of 1985) as the exclusive
25representative by a majority of the peace officers or fire
26fighters in an appropriate bargaining unit, or (iii) after

 

 

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1January 1, 1986 (the effective date of this amendatory Act of
21985) recognized by an employer upon evidence, acceptable to
3the Board, that the labor organization has been designated as
4the exclusive representative by a majority of the peace
5officers or fire fighters in an appropriate bargaining unit.
6    Where a historical pattern of representation exists for
7the workers of a water system that was owned by a public
8utility, as defined in Section 3-105 of the Public Utilities
9Act, prior to becoming certified employees of a municipality
10or municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17    (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any
19of the employees in a collective bargaining unit are required
20to pay their proportionate share of the costs of the
21collective bargaining process, contract administration, and
22pursuing matters affecting wages, hours, and other conditions
23of employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

 

 

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1political office. Nothing in this subsection (g) shall
2preclude an employee from making voluntary political
3contributions in conjunction with his or her fair share
4payment.
5    (g-1) "Fire fighter" means, for the purposes of this Act
6only, any person who has been or is hereafter appointed to a
7fire department or fire protection district or employed by a
8state university and sworn or commissioned to perform fire
9fighter duties or paramedic duties, including paramedics
10employed by a unit of local government, except that the
11following persons are not included: part-time fire fighters,
12auxiliary, reserve or voluntary fire fighters, including paid
13on-call fire fighters, clerks and dispatchers or other
14civilian employees of a fire department or fire protection
15district who are not routinely expected to perform fire
16fighter duties, or elected officials.
17    (g-2) "General Assembly of the State of Illinois" means
18the legislative branch of the government of the State of
19Illinois, as provided for under Article IV of the Constitution
20of the State of Illinois, and includes, but is not limited to,
21the House of Representatives, the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, the President of the Senate, the Minority
24Leader of the Senate, the Joint Committee on Legislative
25Support Services, and any legislative support services agency
26listed in the Legislative Commission Reorganization Act of

 

 

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11984.
2    (h) "Governing body" means, in the case of the State, the
3State Panel of the Illinois Labor Relations Board, the
4Director of the Department of Central Management Services, and
5the Director of the Department of Labor; the county board in
6the case of a county; the corporate authorities in the case of
7a municipality; and the appropriate body authorized to provide
8for expenditures of its funds in the case of any other unit of
9government.
10    (i) "Labor organization" means any organization in which
11public employees participate and that exists for the purpose,
12in whole or in part, of dealing with a public employer
13concerning wages, hours, and other terms and conditions of
14employment, including the settlement of grievances.
15    (i-5) "Legislative liaison" means a person who is an
16employee of a State agency, the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, as the
18case may be, and whose job duties require the person to
19regularly communicate in the course of his or her employment
20with any official or staff of the General Assembly of the State
21of Illinois for the purpose of influencing any legislative
22action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices.

 

 

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1Determination of managerial employee status shall be based on
2actual employee job duties and not solely on written job
3descriptions. With respect only to State employees in
4positions under the jurisdiction of the Attorney General,
5Secretary of State, Comptroller, or Treasurer (i) that were
6certified in a bargaining unit on or after December 2, 2008,
7(ii) for which a petition is filed with the Illinois Public
8Labor Relations Board on or after April 5, 2013 (the effective
9date of Public Act 97-1172), or (iii) for which a petition is
10pending before the Illinois Public Labor Relations Board on
11that date, "managerial employee" means an individual who is
12engaged in executive and management functions or who is
13charged with the effectuation of management policies and
14practices or who represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement policy. Nothing in this definition prohibits an
17individual from also meeting the definition of "supervisor"
18under subsection (r) of this Section.
19    (k) "Peace officer" means, for the purposes of this Act
20only, any persons who have been or are hereafter appointed to a
21police force, department, or agency and sworn or commissioned
22to perform police duties, except that the following persons
23are not included: part-time police officers, special police
24officers, auxiliary police as defined by Section 3.1-30-20 of
25the Illinois Municipal Code, night watchmen, "merchant
26police", court security officers as defined by Section

 

 

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13-6012.1 of the Counties Code, temporary employees, traffic
2guards or wardens, civilian parking meter and parking
3facilities personnel or other individuals specially appointed
4to aid or direct traffic at or near schools or public functions
5or to aid in civil defense or disaster, parking enforcement
6employees who are not commissioned as peace officers and who
7are not armed and who are not routinely expected to effect
8arrests, parking lot attendants, clerks and dispatchers or
9other civilian employees of a police department who are not
10routinely expected to effect arrests, or elected officials.
11    (l) "Person" includes one or more individuals, labor
12organizations, public employees, associations, corporations,
13legal representatives, trustees, trustees in bankruptcy,
14receivers, or the State of Illinois or any political
15subdivision of the State or governing body, but does not
16include the General Assembly of the State of Illinois or any
17individual employed by the General Assembly of the State of
18Illinois.
19    (m) "Professional employee" means any employee engaged in
20work predominantly intellectual and varied in character rather
21than routine mental, manual, mechanical or physical work;
22involving the consistent exercise of discretion and adjustment
23in its performance; of such a character that the output
24produced or the result accomplished cannot be standardized in
25relation to a given period of time; and requiring advanced
26knowledge in a field of science or learning customarily

 

 

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1acquired by a prolonged course of specialized intellectual
2instruction and study in an institution of higher learning or
3a hospital, as distinguished from a general academic education
4or from apprenticeship or from training in the performance of
5routine mental, manual, or physical processes; or any employee
6who has completed the courses of specialized intellectual
7instruction and study prescribed in this subsection (m) and is
8performing related work under the supervision of a
9professional person to qualify to become a professional
10employee as defined in this subsection (m).
11    (n) "Public employee" or "employee", for the purposes of
12this Act, means any individual employed by a public employer,
13including (i) interns and residents at public hospitals, (ii)
14as of July 16, 2003 (the effective date of Public Act 93-204),
15but not before, personal assistants working under the Home
16Services Program under Section 3 of the Rehabilitation of
17Persons with Disabilities Act, subject to the limitations set
18forth in this Act and in the Rehabilitation of Persons with
19Disabilities Act, (iii) as of January 1, 2006 (the effective
20date of Public Act 94-320), but not before, child and day care
21home providers participating in the child care assistance
22program under Section 9A-11 of the Illinois Public Aid Code,
23subject to the limitations set forth in this Act and in Section
249A-11 of the Illinois Public Aid Code, (iv) as of January 29,
252013 (the effective date of Public Act 97-1158), but not
26before except as otherwise provided in this subsection (n),

 

 

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1home care and home health workers who function as personal
2assistants and individual maintenance home health workers and
3who also work under the Home Services Program under Section 3
4of the Rehabilitation of Persons with Disabilities Act, no
5matter whether the State provides those services through
6direct fee-for-service arrangements, with the assistance of a
7managed care organization or other intermediary, or otherwise,
8(v) beginning on July 19, 2013 (the effective date of Public
9Act 98-100) and notwithstanding any other provision of this
10Act, any person employed by a public employer and who is
11classified as or who holds the employment title of Chief
12Stationary Engineer, Assistant Chief Stationary Engineer,
13Sewage Plant Operator, Water Plant Operator, Stationary
14Engineer, Plant Operating Engineer, and any other employee who
15holds the position of: Civil Engineer V, Civil Engineer VI,
16Civil Engineer VII, Technical Manager I, Technical Manager II,
17Technical Manager III, Technical Manager IV, Technical Manager
18V, Technical Manager VI, Realty Specialist III, Realty
19Specialist IV, Realty Specialist V, Technical Advisor I,
20Technical Advisor II, Technical Advisor III, Technical Advisor
21IV, or Technical Advisor V employed by the Department of
22Transportation who is in a position which is certified in a
23bargaining unit on or before July 19, 2013 (the effective date
24of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
25effective date of Public Act 98-100) and notwithstanding any
26other provision of this Act, any mental health administrator

 

 

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1in the Department of Corrections who is classified as or who
2holds the position of Public Service Administrator (Option
38K), any employee of the Office of the Inspector General in the
4Department of Human Services who is classified as or who holds
5the position of Public Service Administrator (Option 7), any
6Deputy of Intelligence in the Department of Corrections who is
7classified as or who holds the position of Public Service
8Administrator (Option 7), and any employee of the Illinois
9State Police who handles issues concerning the Illinois State
10Police Sex Offender Registry and who is classified as or holds
11the position of Public Service Administrator (Option 7), but
12excluding all of the following: employees of the General
13Assembly of the State of Illinois; elected officials;
14executive heads of a department; members of boards or
15commissions; the Executive Inspectors General; any special
16Executive Inspectors General; employees of each Office of an
17Executive Inspector General; commissioners and employees of
18the Executive Ethics Commission; the Auditor General's
19Inspector General; employees of the Office of the Auditor
20General's Inspector General; the Legislative Inspector
21General; any special Legislative Inspectors General; employees
22of the Office of the Legislative Inspector General;
23commissioners and employees of the Legislative Ethics
24Commission; employees of any agency, board or commission
25created by this Act; employees appointed to State positions of
26a temporary or emergency nature; all employees of school

 

 

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1districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on July 23, 2010 (the
5effective date of Public Act 96-1257); managerial employees;
6short-term employees; legislative liaisons; a person who is a
7State employee under the jurisdiction of the Office of the
8Attorney General who is licensed to practice law or whose
9position authorizes, either directly or indirectly, meaningful
10input into government decision-making on issues where there is
11room for principled disagreement on goals or their
12implementation; a person who is a State employee under the
13jurisdiction of the Office of the Comptroller who holds the
14position of Public Service Administrator or whose position is
15otherwise exempt under the Comptroller Merit Employment Code;
16a person who is a State employee under the jurisdiction of the
17Secretary of State who holds the position classification of
18Executive I or higher, whose position authorizes, either
19directly or indirectly, meaningful input into government
20decision-making on issues where there is room for principled
21disagreement on goals or their implementation, or who is
22otherwise exempt under the Secretary of State Merit Employment
23Code; employees in the Office of the Secretary of State who are
24completely exempt from jurisdiction B of the Secretary of
25State Merit Employment Code and who are in Rutan-exempt
26positions on or after April 5, 2013 (the effective date of

 

 

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1Public Act 97-1172); a person who is a State employee under the
2jurisdiction of the Treasurer who holds a position that is
3exempt from the State Treasurer Employment Code; any employee
4of a State agency who (i) holds the title or position of, or
5exercises substantially similar duties as a legislative
6liaison, Agency General Counsel, Agency Chief of Staff, Agency
7Executive Director, Agency Deputy Director, Agency Chief
8Fiscal Officer, Agency Human Resources Director, Public
9Information Officer, or Chief Information Officer and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any employee
12of a State agency who (i) is in a position that is
13Rutan-exempt, as designated by the employer, and completely
14exempt from jurisdiction B of the Personnel Code and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any term
17appointed employee of a State agency pursuant to Section 8b.18
18or 8b.19 of the Personnel Code who was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employment position
21properly designated pursuant to Section 6.1 of this Act;
22confidential employees; independent contractors; and
23supervisors except as provided in this Act.
24    Home care and home health workers who function as personal
25assistants and individual maintenance home health workers and
26who also work under the Home Services Program under Section 3

 

 

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1of the Rehabilitation of Persons with Disabilities Act shall
2not be considered public employees for any purposes not
3specifically provided for in Public Act 93-204 or Public Act
497-1158, including, but not limited to, purposes of vicarious
5liability in tort and purposes of statutory retirement or
6health insurance benefits. Home care and home health workers
7who function as personal assistants and individual maintenance
8home health workers and who also work under the Home Services
9Program under Section 3 of the Rehabilitation of Persons with
10Disabilities Act shall not be covered by the State Employees
11Group Insurance Act of 1971.
12    Child and day care home providers shall not be considered
13public employees for any purposes not specifically provided
14for in Public Act 94-320, including, but not limited to,
15purposes of vicarious liability in tort and purposes of
16statutory retirement or health insurance benefits. Child and
17day care home providers shall not be covered by the State
18Employees Group Insurance Act of 1971.
19    Notwithstanding Section 9, subsection (c), or any other
20provisions of this Act, all peace officers above the rank of
21captain in municipalities with more than 1,000,000 inhabitants
22shall be excluded from this Act.
23    (o) Except as otherwise in subsection (o-5), "public
24employer" or "employer" means the State of Illinois; any
25political subdivision of the State, unit of local government
26or school district; authorities including departments,

 

 

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1divisions, bureaus, boards, commissions, or other agencies of
2the foregoing entities; and any person acting within the scope
3of his or her authority, express or implied, on behalf of those
4entities in dealing with its employees. As of July 16, 2003
5(the effective date of Public Act 93-204), but not before, the
6State of Illinois shall be considered the employer of the
7personal assistants working under the Home Services Program
8under Section 3 of the Rehabilitation of Persons with
9Disabilities Act, subject to the limitations set forth in this
10Act and in the Rehabilitation of Persons with Disabilities
11Act. As of January 29, 2013 (the effective date of Public Act
1297-1158), but not before except as otherwise provided in this
13subsection (o), the State shall be considered the employer of
14home care and home health workers who function as personal
15assistants and individual maintenance home health workers and
16who also work under the Home Services Program under Section 3
17of the Rehabilitation of Persons with Disabilities Act, no
18matter whether the State provides those services through
19direct fee-for-service arrangements, with the assistance of a
20managed care organization or other intermediary, or otherwise,
21but subject to the limitations set forth in this Act and the
22Rehabilitation of Persons with Disabilities Act. The State
23shall not be considered to be the employer of home care and
24home health workers who function as personal assistants and
25individual maintenance home health workers and who also work
26under the Home Services Program under Section 3 of the

 

 

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1Rehabilitation of Persons with Disabilities Act, for any
2purposes not specifically provided for in Public Act 93-204 or
3Public Act 97-1158, including but not limited to, purposes of
4vicarious liability in tort and purposes of statutory
5retirement or health insurance benefits. Home care and home
6health workers who function as personal assistants and
7individual maintenance home health workers and who also work
8under the Home Services Program under Section 3 of the
9Rehabilitation of Persons with Disabilities Act shall not be
10covered by the State Employees Group Insurance Act of 1971. As
11of January 1, 2006 (the effective date of Public Act 94-320),
12but not before, the State of Illinois shall be considered the
13employer of the day and child care home providers
14participating in the child care assistance program under
15Section 9A-11 of the Illinois Public Aid Code, subject to the
16limitations set forth in this Act and in Section 9A-11 of the
17Illinois Public Aid Code. The State shall not be considered to
18be the employer of child and day care home providers for any
19purposes not specifically provided for in Public Act 94-320,
20including, but not limited to, purposes of vicarious liability
21in tort and purposes of statutory retirement or health
22insurance benefits. Child and day care home providers shall
23not be covered by the State Employees Group Insurance Act of
241971.
25    "Public employer" or "employer" as used in this Act,
26however, does not mean and shall not include the General

 

 

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1Assembly of the State of Illinois, the Executive Ethics
2Commission, the Offices of the Executive Inspectors General,
3the Legislative Ethics Commission, the Office of the
4Legislative Inspector General, the Office of the Auditor
5General's Inspector General, the Office of the Governor, the
6Governor's Office of Management and Budget, the Illinois
7Finance Authority, the Office of the Lieutenant Governor, the
8State Board of Elections, and educational employers or
9employers as defined in the Illinois Educational Labor
10Relations Act, except with respect to a state university in
11its employment of firefighters and peace officers and except
12with respect to a school district in the employment of peace
13officers in its own police department in existence on July 23,
142010 (the effective date of Public Act 96-1257). County boards
15and county sheriffs shall be designated as joint or
16co-employers of county peace officers appointed under the
17authority of a county sheriff. Nothing in this subsection (o)
18shall be construed to prevent the State Panel or the Local
19Panel from determining that employers are joint or
20co-employers.
21    (o-5) With respect to wages, fringe benefits, hours,
22holidays, vacations, proficiency examinations, sick leave, and
23other conditions of employment, the public employer of public
24employees who are court reporters, as defined in the Court
25Reporters Act, shall be determined as follows:
26        (1) For court reporters employed by the Cook County

 

 

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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
14responsible for the supervision and control of inmates at
15correctional facilities. The term also includes other
16non-security employees in bargaining units having the majority
17of employees being responsible for the supervision and control
18of inmates at correctional facilities.
19    (q) "Short-term employee" means an employee who is
20employed for less than 2 consecutive calendar quarters during
21a calendar year and who does not have a reasonable assurance
22that he or she will be rehired by the same employer for the
23same service in a subsequent calendar year.
24    (q-5) "State agency" means an agency directly responsible
25to the Governor, as defined in Section 3.1 of the Executive
26Reorganization Implementation Act, and the Illinois Commerce

 

 

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1Commission, the Illinois Workers' Compensation Commission, the
2Civil Service Commission, the Pollution Control Board, the
3Illinois Racing Board, and the Illinois State Police Merit
4Board.
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

 

 

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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

 

 

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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
15held by employees whose collective interests may suitably be
16represented by a labor organization for collective bargaining.
17Except with respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Illinois
20State Police, a bargaining unit determined by the Board shall
21not include both employees and supervisors, or supervisors
22only, except as provided in paragraph (2) of this subsection
23(s) and except for bargaining units in existence on July 1,
241984 (the effective date of this Act). With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace

 

 

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1officers, and peace officers in the Illinois State Police, a
2bargaining unit determined by the Board shall not include both
3supervisors and nonsupervisors, or supervisors only, except as
4provided in paragraph (2) of this subsection (s) and except
5for bargaining units in existence on January 1, 1986 (the
6effective date of this amendatory Act of 1985). A bargaining
7unit determined by the Board to contain peace officers shall
8contain no employees other than peace officers unless
9otherwise agreed to by the employer and the labor organization
10or labor organizations involved. Notwithstanding any other
11provision of this Act, a bargaining unit, including a
12historical bargaining unit, containing sworn peace officers of
13the Department of Natural Resources (formerly designated the
14Department of Conservation) shall contain no employees other
15than such sworn peace officers upon the effective date of this
16amendatory Act of 1990 or upon the expiration date of any
17collective bargaining agreement in effect upon the effective
18date of this amendatory Act of 1990 covering both such sworn
19peace officers and other employees.
20    (2) Notwithstanding the exclusion of supervisors from
21bargaining units as provided in paragraph (1) of this
22subsection (s), a public employer may agree to permit its
23supervisory employees to form bargaining units and may bargain
24with those units. This Act shall apply if the public employer
25chooses to bargain under this subsection.
26    (3) Public employees who are court reporters, as defined

 

 

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1in the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th,
519th, and, on and after December 4, 2006, the 22nd judicial
6circuits; and one unit shall be court reporters employed by
7all other judicial circuits.
8    (t) "Active petition for certification in a bargaining
9unit" means a petition for certification filed with the Board
10under one of the following case numbers: S-RC-11-110;
11S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
12S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
13S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
14S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
15S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
16S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
17S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
18S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
19S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
20S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
21S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
22S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
23S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
24S-RC-07-100.
25(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
26102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
 

 

 

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1    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
2    Sec. 7. Duty to bargain. A public employer and the
3exclusive representative have the authority and the duty to
4bargain collectively set forth in this Section.
5    For the purposes of this Act, "to bargain collectively"
6means the performance of the mutual obligation of the public
7employer or his designated representative and the
8representative of the public employees to meet at reasonable
9times, including meetings in advance of the budget-making
10process, and to negotiate in good faith with respect to wages,
11hours, and other conditions of employment, not excluded by
12Section 4 of this Act, or the negotiation of an agreement, or
13any question arising thereunder and the execution of a written
14contract incorporating any agreement reached if requested by
15either party, but such obligation does not compel either party
16to agree to a proposal or require the making of a concession.
17    The duty "to bargain collectively" shall also include an
18obligation to negotiate over any matter with respect to wages,
19hours and other conditions of employment, not specifically
20provided for in any other law or not specifically in violation
21of the provisions of any law. If any other law pertains, in
22part, to a matter affecting the wages, hours and other
23conditions of employment, such other law shall not be
24construed as limiting the duty "to bargain collectively" and
25to enter into collective bargaining agreements containing

 

 

SB1797- 25 -LRB103 03433 AMQ 48439 b

1clauses which either supplement, implement, or relate to the
2effect of such provisions in other laws.
3    The duty "to bargain collectively" shall also include
4negotiations as to the terms of a collective bargaining
5agreement. The parties may, by mutual agreement, provide for
6arbitration of impasses resulting from their inability to
7agree upon wages, hours and terms and conditions of employment
8to be included in a collective bargaining agreement. Such
9arbitration 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
12party to a collective bargaining contract shall terminate or
13modify such contract, unless the party desiring such
14termination 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

 

 

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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
8organizations by paragraphs (2), (3) and (4) shall become
9inapplicable upon an intervening certification of the Board,
10under which the labor organization, which is a party to the
11contract, has been superseded as or ceased to be the exclusive
12representative of the employees pursuant to the provisions of
13subsection (a) of Section 9, and the duties so imposed shall
14not be construed as requiring either party to discuss or agree
15to any modification of the terms and conditions contained in a
16contract for a fixed period, if such modification is to become
17effective before such terms and conditions can be reopened
18under the provisions of the contract.
19    Collective bargaining for home care and home health
20workers who function as personal assistants and individual
21maintenance home health workers under the Home Services
22Program shall be limited to the terms and conditions of
23employment under the State's control, as defined in Public Act
2493-204 or this amendatory Act of the 97th General Assembly, as
25applicable.
26    Collective bargaining for child and day care home

 

 

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1providers under the child care assistance program shall be
2limited to the terms and conditions of employment under the
3State's control, as defined in this amendatory Act of the 94th
4General Assembly.
5    Notwithstanding any other provision of this Section,
6whenever collective bargaining is for the purpose of
7establishing an initial agreement following original
8certification of units with fewer than 35 employees, with
9respect to public employees other than peace officers, fire
10fighters, 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

 

 

SB1797- 28 -LRB103 03433 AMQ 48439 b

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
15Section 9 as follows:
 
16    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
17    Sec. 9. Director, powers and duties. The Director, as
18executive head of the Department, shall direct and supervise
19all its administrative and technical activities. In addition
20to the duties imposed upon him elsewhere in this law, it shall
21be 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.

 

 

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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

 

 

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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

 

 

SB1797- 31 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 32 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 33 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 34 -LRB103 03433 AMQ 48439 b

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
11shall be satisfied by filing copies of the report as required
12by Section 3.1 of the General Assembly Organization Act, and
13filing such additional copies with the State Government Report
14Distribution Center for the General Assembly as is required
15under 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
18amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as
19follows:
 
20    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
21    Sec. 5. Direct child welfare services; Department of
22Children and Family Services. To provide direct child welfare
23services when not available through other public or private
24child care or program facilities.

 

 

SB1797- 35 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 36 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 37 -LRB103 03433 AMQ 48439 b

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
26tax-supported child welfare services and extend and seek to

 

 

SB1797- 38 -LRB103 03433 AMQ 48439 b

1improve voluntary services throughout the State, to the end
2that services and care shall be available on an equal basis
3throughout the State to children requiring such services.
4    (d) The Director may authorize advance disbursements for
5any new program initiative to any agency contracting with the
6Department. As a prerequisite for an advance disbursement, the
7contractor must post a surety bond in the amount of the advance
8disbursement and have a purchase of service contract approved
9by the Department. The Department may pay up to 2 months
10operational expenses in advance. The amount of the advance
11disbursement shall be prorated over the life of the contract
12or the remaining months of the fiscal year, whichever is less,
13and the installment amount shall then be deducted from future
14bills. Advance disbursement authorizations for new initiatives
15shall not be made to any agency after that agency has operated
16during 2 consecutive fiscal years. The requirements of this
17Section concerning advance disbursements shall not apply with
18respect to the following: payments to local public agencies
19for child day care services as authorized by Section 5a of this
20Act; and youth service programs receiving grant funds under
21Section 17a-4.
22    (e) (Blank).
23    (f) (Blank).
24    (g) The Department shall establish rules and regulations
25concerning its operation of programs designed to meet the
26goals of child safety and protection, family preservation,

 

 

SB1797- 39 -LRB103 03433 AMQ 48439 b

1family reunification, and adoption, including, but not limited
2to:
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
17include provisions for training Department staff and the staff
18of Department grantees, through contracts with other agencies
19or resources, in screening techniques to identify substance
20use disorders, as defined in the Substance Use Disorder Act,
21approved by the Department of Human Services, as a successor
22to the Department of Alcoholism and Substance Abuse, for the
23purpose of identifying children and adults who should be
24referred for an assessment at an organization appropriately
25licensed by the Department of Human Services for substance use
26disorder treatment.

 

 

SB1797- 40 -LRB103 03433 AMQ 48439 b

1    (h) If the Department finds that there is no appropriate
2program or facility within or available to the Department for
3a youth in care and that no licensed private facility has an
4adequate and appropriate program or none agrees to accept the
5youth in care, the Department shall create an appropriate
6individualized, program-oriented plan for such youth in care.
7The plan may be developed within the Department or through
8purchase of services by the Department to the extent that it is
9within its statutory authority to do.
10    (i) Service programs shall be available throughout the
11State and shall include but not be limited to the following
12services:
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
20to 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
26services it makes available to children or families or for

 

 

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1which it refers children or families.
2    (j) The Department may provide categories of financial
3assistance and education assistance grants, and shall
4establish rules and regulations concerning the assistance and
5grants, to persons who adopt children with physical or mental
6disabilities, children who are older, or other hard-to-place
7children who (i) immediately prior to their adoption were
8youth in care or (ii) were determined eligible for financial
9assistance with respect to a prior adoption and who become
10available for adoption because the prior adoption has been
11dissolved and the parental rights of the adoptive parents have
12been terminated or because the child's adoptive parents have
13died. The Department may continue to provide financial
14assistance and education assistance grants for a child who was
15determined eligible for financial assistance under this
16subsection (j) in the interim period beginning when the
17child's adoptive parents died and ending with the finalization
18of the new adoption of the child by another adoptive parent or
19parents. The Department may also provide categories of
20financial assistance and education assistance grants, and
21shall establish rules and regulations for the assistance and
22grants, to persons appointed guardian of the person under
23Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
244-25, or 5-740 of the Juvenile Court Act of 1987 for children
25who were youth in care for 12 months immediately prior to the
26appointment of the guardian.

 

 

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1    The amount of assistance may vary, depending upon the
2needs of the child and the adoptive parents, as set forth in
3the annual assistance agreement. Special purpose grants are
4allowed where the child requires special service but such
5costs may not exceed the amounts which similar services would
6cost the Department if it were to provide or secure them as
7guardian of the child.
8    Any financial assistance provided under this subsection is
9inalienable by assignment, sale, execution, attachment,
10garnishment, or any other remedy for recovery or collection of
11a judgment or debt.
12    (j-5) The Department shall not deny or delay the placement
13of a child for adoption if an approved family is available
14either outside of the Department region handling the case, or
15outside of the State of Illinois.
16    (k) The Department shall accept for care and training any
17child who has been adjudicated neglected or abused, or
18dependent committed to it pursuant to the Juvenile Court Act
19or the Juvenile Court Act of 1987.
20    (l) The Department shall offer family preservation
21services, as defined in Section 8.2 of the Abused and
22Neglected Child Reporting Act, to help families, including
23adoptive and extended families. Family preservation services
24shall be offered (i) to prevent the placement of children in
25substitute care when the children can be cared for at home or
26in the custody of the person responsible for the children's

 

 

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1welfare, (ii) to reunite children with their families, or
2(iii) to maintain an adoptive placement. Family preservation
3services shall only be offered when doing so will not endanger
4the children's health or safety. With respect to children who
5are in substitute care pursuant to the Juvenile Court Act of
61987, family preservation services shall not be offered if a
7goal other than those of subdivisions (A), (B), or (B-1) of
8subsection (2) of Section 2-28 of that Act has been set, except
9that reunification services may be offered as provided in
10paragraph (F) of subsection (2) of Section 2-28 of that Act.
11Nothing in this paragraph shall be construed to create a
12private right of action or claim on the part of any individual
13or child welfare agency, except that when a child is the
14subject of an action under Article II of the Juvenile Court Act
15of 1987 and the child's service plan calls for services to
16facilitate achievement of the permanency goal, the court
17hearing the action under Article II of the Juvenile Court Act
18of 1987 may order the Department to provide the services set
19out in the plan, if those services are not provided with
20reasonable promptness and if those services are available.
21    The Department shall notify the child and his family of
22the Department's responsibility to offer and provide family
23preservation services as identified in the service plan. The
24child and his family shall be eligible for services as soon as
25the report is determined to be "indicated". The Department may
26offer services to any child or family with respect to whom a

 

 

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1report of suspected child abuse or neglect has been filed,
2prior to concluding its investigation under Section 7.12 of
3the Abused and Neglected Child Reporting Act. However, the
4child's or family's willingness to accept services shall not
5be considered in the investigation. The Department may also
6provide services to any child or family who is the subject of
7any report of suspected child abuse or neglect or may refer
8such child or family to services available from other agencies
9in the community, even if the report is determined to be
10unfounded, if the conditions in the child's or family's home
11are reasonably likely to subject the child or family to future
12reports of suspected child abuse or neglect. Acceptance of
13such services shall be voluntary. The Department may also
14provide services to any child or family after completion of a
15family assessment, as an alternative to an investigation, as
16provided under the "differential response program" provided
17for in subsection (a-5) of Section 7.4 of the Abused and
18Neglected Child Reporting Act.
19    The Department may, at its discretion except for those
20children also adjudicated neglected or dependent, accept for
21care and training any child who has been adjudicated addicted,
22as a truant minor in need of supervision or as a minor
23requiring authoritative intervention, under the Juvenile Court
24Act or the Juvenile Court Act of 1987, but no such child shall
25be committed to the Department by any court without the
26approval of the Department. On and after January 1, 2015 (the

 

 

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1effective date of Public Act 98-803) and before January 1,
22017, a minor charged with a criminal offense under the
3Criminal Code of 1961 or the Criminal Code of 2012 or
4adjudicated delinquent shall not be placed in the custody of
5or committed to the Department by any court, except (i) a minor
6less than 16 years of age committed to the Department under
7Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
8for whom an independent basis of abuse, neglect, or dependency
9exists, which must be defined by departmental rule, or (iii) a
10minor for whom the court has granted a supplemental petition
11to reinstate wardship pursuant to subsection (2) of Section
122-33 of the Juvenile Court Act of 1987. On and after January 1,
132017, a minor charged with a criminal offense under the
14Criminal Code of 1961 or the Criminal Code of 2012 or
15adjudicated delinquent shall not be placed in the custody of
16or committed to the Department by any court, except (i) a minor
17less than 15 years of age committed to the Department under
18Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
19for whom an independent basis of abuse, neglect, or dependency
20exists, which must be defined by departmental rule, or (iii) a
21minor for whom the court has granted a supplemental petition
22to reinstate wardship pursuant to subsection (2) of Section
232-33 of the Juvenile Court Act of 1987. An independent basis
24exists when the allegations or adjudication of abuse, neglect,
25or dependency do not arise from the same facts, incident, or
26circumstances which give rise to a charge or adjudication of

 

 

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1delinquency. The Department shall assign a caseworker to
2attend any hearing involving a youth in the care and custody of
3the Department who is placed on aftercare release, including
4hearings involving sanctions for violation of aftercare
5release conditions and aftercare release revocation hearings.
6    As soon as is possible after August 7, 2009 (the effective
7date of Public Act 96-134), the Department shall develop and
8implement a special program of family preservation services to
9support intact, foster, and adoptive families who are
10experiencing extreme hardships due to the difficulty and
11stress of caring for a child who has been diagnosed with a
12pervasive developmental disorder if the Department determines
13that those services are necessary to ensure the health and
14safety of the child. The Department may offer services to any
15family whether or not a report has been filed under the Abused
16and Neglected Child Reporting Act. The Department may refer
17the child or family to services available from other agencies
18in the community if the conditions in the child's or family's
19home are reasonably likely to subject the child or family to
20future reports of suspected child abuse or neglect. Acceptance
21of these services shall be voluntary. The Department shall
22develop and implement a public information campaign to alert
23health and social service providers and the general public
24about these special family preservation services. The nature
25and scope of the services offered and the number of families
26served under the special program implemented under this

 

 

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1paragraph shall be determined by the level of funding that the
2Department annually allocates for this purpose. The term
3"pervasive developmental disorder" under this paragraph means
4a neurological condition, including, but not limited to,
5Asperger's Syndrome and autism, as defined in the most recent
6edition of the Diagnostic and Statistical Manual of Mental
7Disorders of the American Psychiatric Association.
8    (l-1) The legislature recognizes that the best interests
9of the child require that the child be placed in the most
10permanent living arrangement as soon as is practically
11possible. To achieve this goal, the legislature directs the
12Department of Children and Family Services to conduct
13concurrent planning so that permanency may occur at the
14earliest opportunity. Permanent living arrangements may
15include prevention of placement of a child outside the home of
16the family when the child can be cared for at home without
17endangering the child's health or safety; reunification with
18the family, when safe and appropriate, if temporary placement
19is necessary; or movement of the child toward the most
20permanent living arrangement and permanent legal status.
21    When determining reasonable efforts to be made with
22respect to a child, as described in this subsection, and in
23making such reasonable efforts, the child's health and safety
24shall be the paramount concern.
25    When a child is placed in foster care, the Department
26shall ensure and document that reasonable efforts were made to

 

 

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1prevent or eliminate the need to remove the child from the
2child's home. The Department must make reasonable efforts to
3reunify the family when temporary placement of the child
4occurs unless otherwise required, pursuant to the Juvenile
5Court Act of 1987. At any time after the dispositional hearing
6where the Department believes that further reunification
7services would be ineffective, it may request a finding from
8the court that reasonable efforts are no longer appropriate.
9The Department is not required to provide further
10reunification services after such a finding.
11    A decision to place a child in substitute care shall be
12made with considerations of the child's health, safety, and
13best interests. At the time of placement, consideration should
14also be given so that if reunification fails or is delayed, the
15placement made is the best available placement to provide
16permanency for the child.
17    The Department shall adopt rules addressing concurrent
18planning for reunification and permanency. The Department
19shall consider the following factors when determining
20appropriateness 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

 

 

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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
7child 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.
17If the child is found in his or her residence without a parent,
18guardian, custodian, or responsible caretaker, the Department
19may, instead of removing the child and assuming temporary
20custody, place an authorized representative of the Department
21in that residence until such time as a parent, guardian, or
22custodian enters the home and expresses a willingness and
23apparent ability to ensure the child's health and safety and
24resume permanent charge of the child, or until a relative
25enters the home and is willing and able to ensure the child's
26health and safety and assume charge of the child until a

 

 

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1parent, guardian, or custodian enters the home and expresses
2such willingness and ability to ensure the child's safety and
3resume permanent charge. After a caretaker has remained in the
4home for a period not to exceed 12 hours, the Department must
5follow those procedures outlined in Section 2-9, 3-11, 4-8, or
65-415 of the Juvenile Court Act of 1987.
7    The Department shall have the authority, responsibilities
8and duties that a legal custodian of the child would have
9pursuant to subsection (9) of Section 1-3 of the Juvenile
10Court Act of 1987. Whenever a child is taken into temporary
11custody pursuant to an investigation under the Abused and
12Neglected Child Reporting Act, or pursuant to a referral and
13acceptance under the Juvenile Court Act of 1987 of a minor in
14limited custody, the Department, during the period of
15temporary custody and before the child is brought before a
16judicial officer as required by Section 2-9, 3-11, 4-8, or
175-415 of the Juvenile Court Act of 1987, shall have the
18authority, responsibilities and duties that a legal custodian
19of the child would have under subsection (9) of Section 1-3 of
20the Juvenile Court Act of 1987.
21    The Department shall ensure that any child taken into
22custody is scheduled for an appointment for a medical
23examination.
24    A parent, guardian, or custodian of a child in the
25temporary custody of the Department who would have custody of
26the child if he were not in the temporary custody of the

 

 

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1Department may deliver to the Department a signed request that
2the Department surrender the temporary custody of the child.
3The Department may retain temporary custody of the child for
410 days after the receipt of the request, during which period
5the Department may cause to be filed a petition pursuant to the
6Juvenile Court Act of 1987. If a petition is so filed, the
7Department shall retain temporary custody of the child until
8the court orders otherwise. If a petition is not filed within
9the 10-day period, the child shall be surrendered to the
10custody of the requesting parent, guardian, or custodian not
11later than the expiration of the 10-day period, at which time
12the authority and duties of the Department with respect to the
13temporary custody of the child shall terminate.
14    (m-1) The Department may place children under 18 years of
15age in a secure child care facility licensed by the Department
16that cares for children who are in need of secure living
17arrangements for their health, safety, and well-being after a
18determination is made by the facility director and the
19Director or the Director's designate prior to admission to the
20facility subject to Section 2-27.1 of the Juvenile Court Act
21of 1987. This subsection (m-1) does not apply to a child who is
22subject to placement in a correctional facility operated
23pursuant to Section 3-15-2 of the Unified Code of Corrections,
24unless the child is a youth in care who was placed in the care
25of the Department before being subject to placement in a
26correctional facility and a court of competent jurisdiction

 

 

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1has ordered placement of the child in a secure care facility.
2    (n) The Department may place children under 18 years of
3age in licensed child care facilities when in the opinion of
4the Department, appropriate services aimed at family
5preservation have been unsuccessful and cannot ensure the
6child's health and safety or are unavailable and such
7placement would be for their best interest. Payment for board,
8clothing, care, training and supervision of any child placed
9in a licensed child care facility may be made by the
10Department, by the parents or guardians of the estates of
11those children, or by both the Department and the parents or
12guardians, except that no payments shall be made by the
13Department for any child placed in a licensed child care
14facility for board, clothing, care, training and supervision
15of such a child that exceed the average per capita cost of
16maintaining and of caring for a child in institutions for
17dependent or neglected children operated by the Department.
18However, such restriction on payments does not apply in cases
19where children require specialized care and treatment for
20problems of severe emotional disturbance, physical disability,
21social adjustment, or any combination thereof and suitable
22facilities for the placement of such children are not
23available at payment rates within the limitations set forth in
24this Section. All reimbursements for services delivered shall
25be absolutely inalienable by assignment, sale, attachment, or
26garnishment or otherwise.

 

 

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1    (n-1) The Department shall provide or authorize child
2welfare services, aimed at assisting minors to achieve
3sustainable self-sufficiency as independent adults, for any
4minor eligible for the reinstatement of wardship pursuant to
5subsection (2) of Section 2-33 of the Juvenile Court Act of
61987, whether or not such reinstatement is sought or allowed,
7provided that the minor consents to such services and has not
8yet attained the age of 21. The Department shall have
9responsibility for the development and delivery of services
10under this Section. An eligible youth may access services
11under this Section through the Department of Children and
12Family Services or by referral from the Department of Human
13Services. Youth participating in services under this Section
14shall cooperate with the assigned case manager in developing
15an agreement identifying the services to be provided and how
16the youth will increase skills to achieve self-sufficiency. A
17homeless shelter is not considered appropriate housing for any
18youth receiving child welfare services under this Section. The
19Department shall continue child welfare services under this
20Section to any eligible minor until the minor becomes 21 years
21of age, no longer consents to participate, or achieves
22self-sufficiency as identified in the minor's service plan.
23The Department of Children and Family Services shall create
24clear, readable notice of the rights of former foster youth to
25child welfare services under this Section and how such
26services may be obtained. The Department of Children and

 

 

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1Family Services and the Department of Human Services shall
2disseminate this information statewide. The Department shall
3adopt regulations describing services intended to assist
4minors in achieving sustainable self-sufficiency as
5independent adults.
6    (o) The Department shall establish an administrative
7review and appeal process for children and families who
8request or receive child welfare services from the Department.
9Youth in care who are placed by private child welfare
10agencies, and foster families with whom those youth are
11placed, shall be afforded the same procedural and appeal
12rights as children and families in the case of placement by the
13Department, including the right to an initial review of a
14private agency decision by that agency. The Department shall
15ensure that any private child welfare agency, which accepts
16youth in care for placement, affords those rights to children
17and foster families. The Department shall accept for
18administrative review and an appeal hearing a complaint made
19by (i) a child or foster family concerning a decision
20following an initial review by a private child welfare agency
21or (ii) a prospective adoptive parent who alleges a violation
22of subsection (j-5) of this Section. An appeal of a decision
23concerning a change in the placement of a child shall be
24conducted in an expedited manner. A court determination that a
25current foster home placement is necessary and appropriate
26under Section 2-28 of the Juvenile Court Act of 1987 does not

 

 

SB1797- 55 -LRB103 03433 AMQ 48439 b

1constitute a judicial determination on the merits of an
2administrative appeal, filed by a former foster parent,
3involving a change of placement decision.
4    (p) (Blank).
5    (q) The Department may receive and use, in their entirety,
6for the benefit of children any gift, donation, or bequest of
7money or other property which is received on behalf of such
8children, or any financial benefits to which such children are
9or may become entitled while under the jurisdiction or care of
10the Department, except that the benefits described in Section
115.46 must be used and conserved consistent with the provisions
12under Section 5.46.
13    The Department shall set up and administer no-cost,
14interest-bearing accounts in appropriate financial
15institutions for children for whom the Department is legally
16responsible and who have been determined eligible for
17Veterans' Benefits, Social Security benefits, assistance
18allotments from the armed forces, court ordered payments,
19parental voluntary payments, Supplemental Security Income,
20Railroad Retirement payments, Black Lung benefits, or other
21miscellaneous payments. Interest earned by each account shall
22be credited to the account, unless disbursed in accordance
23with this subsection.
24    In disbursing funds from children's accounts, the
25Department shall:
26        (1) Establish standards in accordance with State and

 

 

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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
23encouraging all adoption agencies to voluntarily forward to
24the Department or its agent names and addresses of all persons
25who have applied for and have been approved for adoption of a
26hard-to-place child or child with a disability and the names

 

 

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1of such children who have not been placed for adoption. A list
2of such names and addresses shall be maintained by the
3Department or its agent, and coded lists which maintain the
4confidentiality of the person seeking to adopt the child and
5of the child shall be made available, without charge, to every
6adoption agency in the State to assist the agencies in placing
7such children for adoption. The Department may delegate to an
8agent its duty to maintain and make available such lists. The
9Department shall ensure that such agent maintains the
10confidentiality of the person seeking to adopt the child and
11of the child.
12    (s) The Department of Children and Family Services may
13establish and implement a program to reimburse Department and
14private child welfare agency foster parents licensed by the
15Department of Children and Family Services for damages
16sustained by the foster parents as a result of the malicious or
17negligent acts of foster children, as well as providing third
18party coverage for such foster parents with regard to actions
19of foster children to other individuals. Such coverage will be
20secondary to the foster parent liability insurance policy, if
21applicable. The program shall be funded through appropriations
22from the General Revenue Fund, specifically designated for
23such purposes.
24    (t) The Department shall perform home studies and
25investigations and shall exercise supervision over visitation
26as ordered by a court pursuant to the Illinois Marriage and

 

 

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1Dissolution 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
10court of the specific arrangements for supervised visitation
11and projected monthly costs within 60 days of the court order.
12The Department shall send to the court information related to
13the costs incurred except in cases where the court has
14determined the parties are financially unable to pay. The
15court may order additional periodic reports as appropriate.
16    (u) In addition to other information that must be
17provided, whenever the Department places a child with a
18prospective adoptive parent or parents, in a licensed foster
19home, group home, or child care institution, or in a relative
20home, the Department shall provide to the prospective adoptive
21parent 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

 

 

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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
11behavioral information (including, but not limited to,
12criminal background, fire setting, perpetuation of sexual
13abuse, destructive behavior, and substance abuse) necessary to
14care for and safeguard the children to be placed or currently
15in the home. The Department may prepare a written summary of
16the information required by this paragraph, which may be
17provided to the foster or prospective adoptive parent in
18advance of a placement. The foster or prospective adoptive
19parent may review the supporting documents in the child's file
20in the presence of casework staff. In the case of an emergency
21placement, casework staff shall at least provide known
22information verbally, if necessary, and must subsequently
23provide the information in writing as required by this
24subsection.
25    The information described in this subsection shall be
26provided in writing. In the case of emergency placements when

 

 

SB1797- 60 -LRB103 03433 AMQ 48439 b

1time does not allow prior review, preparation, and collection
2of written information, the Department shall provide such
3information as it becomes available. Within 10 business days
4after placement, the Department shall obtain from the
5prospective adoptive parent or parents or other caretaker a
6signed verification of receipt of the information provided.
7Within 10 business days after placement, the Department shall
8provide to the child's guardian ad litem a copy of the
9information provided to the prospective adoptive parent or
10parents or other caretaker. The information provided to the
11prospective adoptive parent or parents or other caretaker
12shall be reviewed and approved regarding accuracy at the
13supervisory level.
14    (u-5) Effective July 1, 1995, only foster care placements
15licensed as foster family homes pursuant to the Child Care Act
16of 1969 shall be eligible to receive foster care payments from
17the Department. Relative caregivers who, as of July 1, 1995,
18were approved pursuant to approved relative placement rules
19previously promulgated by the Department at 89 Ill. Adm. Code
20335 and had submitted an application for licensure as a foster
21family home may continue to receive foster care payments only
22until the Department determines that they may be licensed as a
23foster family home or that their application for licensure is
24denied or until September 30, 1995, whichever occurs first.
25    (v) The Department shall access criminal history record
26information as defined in the Illinois Uniform Conviction

 

 

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1Information Act and information maintained in the adjudicatory
2and dispositional record system as defined in Section 2605-355
3of the Illinois State Police Law if the Department determines
4the information is necessary to perform its duties under the
5Abused and Neglected Child Reporting Act, the Child Care Act
6of 1969, and the Children and Family Services Act. The
7Department shall provide for interactive computerized
8communication and processing equipment that permits direct
9on-line communication with the Illinois State Police's central
10criminal history data repository. The Department shall comply
11with all certification requirements and provide certified
12operators who have been trained by personnel from the Illinois
13State Police. In addition, one Office of the Inspector General
14investigator shall have training in the use of the criminal
15history information access system and have access to the
16terminal. The Department of Children and Family Services and
17its employees shall abide by rules and regulations established
18by the Illinois State Police relating to the access and
19dissemination of this information.
20    (v-1) Prior to final approval for placement of a child,
21the Department shall conduct a criminal records background
22check of the prospective foster or adoptive parent, including
23fingerprint-based checks of national crime information
24databases. Final approval for placement shall not be granted
25if the record check reveals a felony conviction for child
26abuse or neglect, for spousal abuse, for a crime against

 

 

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1children, or for a crime involving violence, including rape,
2sexual assault, or homicide, but not including other physical
3assault or battery, or if there is a felony conviction for
4physical assault, battery, or a drug-related offense committed
5within the past 5 years.
6    (v-2) Prior to final approval for placement of a child,
7the Department shall check its child abuse and neglect
8registry for information concerning prospective foster and
9adoptive parents, and any adult living in the home. If any
10prospective foster or adoptive parent or other adult living in
11the home has resided in another state in the preceding 5 years,
12the Department shall request a check of that other state's
13child abuse and neglect registry.
14    (w) Within 120 days of August 20, 1995 (the effective date
15of Public Act 89-392), the Department shall prepare and submit
16to the Governor and the General Assembly, a written plan for
17the development of in-state licensed secure child care
18facilities that care for children who are in need of secure
19living arrangements for their health, safety, and well-being.
20For purposes of this subsection, secure care facility shall
21mean a facility that is designed and operated to ensure that
22all entrances and exits from the facility, a building or a
23distinct part of the building, are under the exclusive control
24of the staff of the facility, whether or not the child has the
25freedom of movement within the perimeter of the facility,
26building, or distinct part of the building. The plan shall

 

 

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1include descriptions of the types of facilities that are
2needed in Illinois; the cost of developing these secure care
3facilities; the estimated number of placements; the potential
4cost savings resulting from the movement of children currently
5out-of-state who are projected to be returned to Illinois; the
6necessary geographic distribution of these facilities in
7Illinois; and a proposed timetable for development of such
8facilities.
9    (x) The Department shall conduct annual credit history
10checks to determine the financial history of children placed
11under its guardianship pursuant to the Juvenile Court Act of
121987. The Department shall conduct such credit checks starting
13when a youth in care turns 12 years old and each year
14thereafter for the duration of the guardianship as terminated
15pursuant to the Juvenile Court Act of 1987. The Department
16shall determine if financial exploitation of the child's
17personal information has occurred. If financial exploitation
18appears to have taken place or is presently ongoing, the
19Department shall notify the proper law enforcement agency, the
20proper State's Attorney, or the Attorney General.
21    (y) Beginning on July 22, 2010 (the effective date of
22Public Act 96-1189), a child with a disability who receives
23residential and educational services from the Department shall
24be eligible to receive transition services in accordance with
25Article 14 of the School Code from the age of 14.5 through age
2621, inclusive, notwithstanding the child's residential

 

 

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1services arrangement. For purposes of this subsection, "child
2with a disability" means a child with a disability as defined
3by the federal Individuals with Disabilities Education
4Improvement Act of 2004.
5    (z) The Department shall access criminal history record
6information as defined as "background information" in this
7subsection and criminal history record information as defined
8in the Illinois Uniform Conviction Information Act for each
9Department employee or Department applicant. Each Department
10employee or Department applicant shall submit his or her
11fingerprints to the Illinois State Police in the form and
12manner prescribed by the Illinois State Police. These
13fingerprints shall be checked against the fingerprint records
14now and hereafter filed in the Illinois State Police and the
15Federal Bureau of Investigation criminal history records
16databases. The Illinois State Police shall charge a fee for
17conducting the criminal history record check, which shall be
18deposited into the State Police Services Fund and shall not
19exceed the actual cost of the record check. The Illinois State
20Police shall furnish, pursuant to positive identification, all
21Illinois conviction information to the Department of Children
22and 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

 

 

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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
17employee coded or certified within the State of Illinois
18Personnel System.
19    "Department applicant" means an individual who has
20conditional Department full-time or part-time work, a
21contractor, an individual used to replace or supplement staff,
22an academic intern, a volunteer in Department offices or on
23Department contracts, a work-study student, an individual or
24entity licensed by the Department, or an unlicensed service
25provider who works as a condition of a contract or an agreement
26and whose work may bring the unlicensed service provider into

 

 

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1contact with Department clients or client records.
2(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
3101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
48-20-21; 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
8Children and Family Services shall pay 100% of the reasonable
9cost pursuant to a written contract negotiated between the
10Department and the agency furnishing the services (which shall
11include but not be limited to the determination of reasonable
12cost, the services being purchased and the duration of the
13agreement) include, but are not limited to:
 
14SERVICE 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;

 

 

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1    Recreation;
2    Social Work or Counselling, or both;
3    Supportive Staff;
4    Volunteers.
 
5OBJECT 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.
 
14ADMINISTRATIVE 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.

 

 

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1Reimbursement of administrative costs other than inspection
2and monitoring for purposes of issuing licenses may not exceed
320% of the costs for other services.
4    The Department may offer services to any child or family
5with respect to whom a report of suspected child abuse or
6neglect has been called in to the hotline after completion of a
7family assessment as provided under subsection (a-5) of
8Section 7.4 of the Abused and Neglected Child Reporting Act
9and the Department has determined that services are needed to
10address the safety of the child and other family members and
11the risk of subsequent maltreatment. Acceptance of such
12services shall be voluntary.
13    All Object Expenses, Service Activities and Administrative
14Costs are allowable.
15    If a survey instrument is used in the rate setting
16process:
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;

 

 

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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
6100% of the reasonable costs of research and valuation focused
7exclusively on services to youth in care. Such research
8projects must be approved, in advance, by the Director of the
9Department.
10    In addition to reimbursements otherwise provided for in
11this Section, the Department of Human Services shall, in
12accordance with annual written agreements, make advance
13quarterly disbursements to local public agencies for child day
14care services with funds appropriated from the Local Effort
15Day Care Fund.
16    Neither the Department of Children and Family Services nor
17the Department of Human Services shall pay or approve
18reimbursement for child day care in a facility which is
19operating without a valid license or permit, except in the
20case of child day care homes or child day care centers which
21are exempt from the licensing requirements of the "Child Care
22Act 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

 

 

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1Children and Family Services shall pay 100% of the reasonable
2cost pursuant to a written contract negotiated between the
3Department and the agency furnishing the services (which shall
4include but not be limited to the determination of reasonable
5cost, the services being purchased and the duration of the
6agreement) include, but are not limited to:
 
7SERVICE 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.
 
22OBJECT EXPENSES
23    Professional Fees and Contract Service Payments;
24    Supplies;

 

 

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1    Telephone and Telegram;
2    Occupancy;
3    Local Transportation;
4    Equipment and Other Fixed Assets, including amortization
5        of same;
6    Miscellaneous.
 
7ADMINISTRATIVE 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.
18Reimbursement of administrative costs other than inspection
19and monitoring for purposes of issuing licenses may not exceed
2020% of the costs for other services.
21    The Department may offer services to any child or family
22with respect to whom a report of suspected child abuse or
23neglect has been called in to the hotline after completion of a
24family assessment as provided under subsection (a-5) of
25Section 7.4 of the Abused and Neglected Child Reporting Act

 

 

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1and the Department has determined that services are needed to
2address the safety of the child and other family members and
3the risk of subsequent maltreatment. Acceptance of such
4services shall be voluntary.
5    All Object Expenses, Service Activities and Administrative
6Costs are allowable.
7    If a survey instrument is used in the rate setting
8process:
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
24100% of the reasonable costs of research and valuation focused
25exclusively on services to youth in care. Such research
26projects must be approved, in advance, by the Director of the

 

 

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1Department.
2    In addition to reimbursements otherwise provided for in
3this Section, the Department of Human Services shall, in
4accordance with annual written agreements, make advance
5quarterly disbursements to local public agencies for child day
6care services with funds appropriated from the Local Effort
7Day Care Fund.
8    Neither the Department of Children and Family Services nor
9the Department of Human Services shall pay or approve
10reimbursement for child day care in a facility which is
11operating without a valid license or permit, except in the
12case of child day care homes or child day care centers which
13are exempt from the licensing requirements of the "Child Care
14Act of 1969".
15    The rates paid to child day care providers by the
16Department of Children and Family Services shall match the
17rates paid to child care providers by the Department of Human
18Services under the child care assistance program, including
19base 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
23Services.
24    (a) For the purpose of ensuring effective statewide
25planning, development, and utilization of resources for the

 

 

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1child day care of children, operated under various auspices,
2the Department of Human Services is designated to coordinate
3all child day care activities for children of the State and
4shall develop or continue, and shall update every year, a
5State comprehensive child care day-care plan for submission to
6the Governor that identifies high-priority areas and groups,
7relating them to available resources and identifying the most
8effective approaches to the use of existing child day care
9services. The State comprehensive child care day-care plan
10shall be made available to the General Assembly following the
11Governor's approval of the plan.
12    The plan shall include methods and procedures for the
13development of additional child day care resources for
14children to meet the goal of reducing short-run and long-run
15dependency and to provide necessary enrichment and stimulation
16to the education of young children. Recommendations shall be
17made for State policy on optimum use of private and public,
18local, State and federal resources, including an estimate of
19the resources needed for the licensing and regulation of child
20day care facilities.
21    A written report shall be submitted to the Governor and
22the General Assembly annually on April 15. The report shall
23include an evaluation of developments over the preceding
24fiscal year, including cost-benefit analyses of various
25arrangements. Beginning with the report in 1990 submitted by
26the Department's predecessor agency and every 2 years

 

 

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1thereafter, 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

 

 

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1shall be satisfied by filing copies of the report as required
2by Section 3.1 of the General Assembly Organization Act, and
3filing such additional copies with the State Government Report
4Distribution Center for the General Assembly as is required
5under paragraph (t) of Section 7 of the State Library Act.
6    (b) The Department of Human Services shall establish
7policies and procedures for developing and implementing
8interagency agreements with other agencies of the State
9providing child care services or reimbursement for such
10services. The plans shall be annually reviewed and modified
11for the purpose of addressing issues of applicability and
12service system barriers.
13    (c) In cooperation with other State agencies, the
14Department of Human Services shall develop and implement, or
15shall continue, a resource and referral system for the State
16of Illinois either within the Department or by contract with
17local or regional agencies. Funding for implementation of this
18system may be provided through Department appropriations or
19other inter-agency funding arrangements. The resource and
20referral 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

 

 

SB1797- 77 -LRB103 03433 AMQ 48439 b

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
5day 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

 

 

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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
26to ensure such parents' graduation from high school and to

 

 

SB1797- 79 -LRB103 03433 AMQ 48439 b

1services for participants in any programs of job training
2conducted by the Department.
3    (e) The Department of Human Services shall actively
4stimulate the development of public and private resources at
5the local level. It shall also seek the fullest utilization of
6federal funds directly or indirectly available to the
7Department.
8    Where appropriate, existing non-governmental agencies or
9associations shall be involved in planning by the Department.
10    (f) To better accommodate the child care needs of low
11income working families, especially those who receive
12Temporary Assistance for Needy Families (TANF) or who are
13transitioning from TANF to work, or who are at risk of
14depending on TANF in the absence of child care, the Department
15shall complete a study using outcome-based assessment
16measurements to analyze the various types of child care needs,
17including but not limited to: child care homes; child care
18facilities; before and after school care; and evening and
19weekend care. Based upon the findings of the study, the
20Department shall develop a plan by April 15, 1998, that
21identifies the various types of child care needs within
22various geographic locations. The plan shall include, but not
23be limited to, the special needs of parents and guardians in
24need of non-traditional child care services such as early
25mornings, evenings, and weekends; the needs of very low income
26families and children and how they might be better served; and

 

 

SB1797- 80 -LRB103 03433 AMQ 48439 b

1strategies to assist child care providers to meet the needs
2and 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
7to the performance of its duties.
8    (b) In the course of any such investigation any qualified
9person authorized by the Director may administer oaths and
10secure by its subpoena both the attendance and testimony of
11witnesses and the production of books and papers relevant to
12such investigation. Any person who is served with a subpoena
13by the Department to appear and testify or to produce books and
14papers, in the course of an investigation authorized by law,
15and who refuses or neglects to appear, or to testify, or to
16produce books and papers relevant to such investigation, as
17commanded in such subpoena, shall be guilty of a Class B
18misdemeanor. The fees of witnesses for attendance and travel
19shall be the same as the fees of witnesses before the circuit
20courts of this State. Any circuit court of this State, upon
21application of the person requesting the hearing or the
22Department, may compel the attendance of witnesses, the
23production of books and papers, and giving of testimony before
24the Department or before any authorized officer or employee
25thereof, by an attachment for contempt or otherwise, in the

 

 

SB1797- 81 -LRB103 03433 AMQ 48439 b

1same manner as production of evidence may be compelled before
2such court. Every person who, having taken an oath or made
3affirmation before the Department or any authorized officer or
4employee thereof, shall willfully swear or affirm falsely,
5shall be guilty of perjury and upon conviction shall be
6punished accordingly.
7    (c) Investigations initiated under this Section shall
8provide individuals due process of law, including the right to
9a hearing, to cross-examine witnesses, to obtain relevant
10documents, and to present evidence. Administrative findings
11shall be subject to the provisions of the Administrative
12Review Law.
13    (d) Beginning July 1, 1988, any child protective
14investigator or supervisor or child welfare specialist or
15supervisor employed by the Department on the effective date of
16this amendatory Act of 1987 shall have completed a training
17program which shall be instituted by the Department. The
18training program shall include, but not be limited to, the
19following: (1) training in the detection of symptoms of child
20neglect and drug abuse; (2) specialized training for dealing
21with families and children of drug abusers; and (3) specific
22training in child development, family dynamics and interview
23techniques. Such program shall conform to the criteria and
24curriculum developed under Section 4 of the Child Protective
25Investigator and Child Welfare Specialist Certification Act of
261987. Failure to complete such training due to lack of

 

 

SB1797- 82 -LRB103 03433 AMQ 48439 b

1opportunity provided by the Department shall in no way be
2grounds for any disciplinary or other action against an
3investigator or a specialist.
4    The Department shall develop a continuous inservice staff
5development program and evaluation system. Each child
6protective investigator and supervisor and child welfare
7specialist and supervisor shall participate in such program
8and evaluation and shall complete a minimum of 20 hours of
9inservice education and training every 2 years in order to
10maintain certification.
11    Any child protective investigator or child protective
12supervisor, or child welfare specialist or child welfare
13specialist supervisor hired by the Department who begins his
14actual employment after the effective date of this amendatory
15Act of 1987, shall be certified pursuant to the Child
16Protective Investigator and Child Welfare Specialist
17Certification Act of 1987 before he begins such employment.
18Nothing in this Act shall replace or diminish the rights of
19employees under the Illinois Public Labor Relations Act, as
20amended, or the National Labor Relations Act. In the event of
21any conflict between either of those Acts, or any collective
22bargaining agreement negotiated thereunder, and the provisions
23of subsections (d) and (e), the former shall prevail and
24control.
25    (e) The Department shall develop and implement the
26following:

 

 

SB1797- 83 -LRB103 03433 AMQ 48439 b

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.
8All child protective investigators and supervisors and child
9welfare specialists and supervisors employed by the Department
10or its contractors shall be required, subsequent to the
11availability of training under this Act, to demonstrate
12proficiency in application of the protocol previous to being
13permitted to make decisions about the degree of risk posed to
14children for whom they are responsible. The Department shall
15establish a multi-disciplinary advisory committee appointed by
16the Director, including but not limited to representatives
17from the fields of child development, domestic violence,
18family systems, juvenile justice, law enforcement, health
19care, mental health, substance abuse, and social service to
20advise the Department and its related contractors in the
21development and implementation of the child endangerment risk
22assessment protocol, related training, method for
23demonstration of proficiency in application of the protocol,
24and evaluation of the reliability and validity of the
25protocol. The Department shall develop the protocol, training
26curriculum, method for demonstration of proficiency in

 

 

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1application of the protocol and method for evaluation of the
2reliability and validity of the protocol by July 1, 1995.
3Training and demonstration of proficiency in application of
4the child endangerment risk assessment protocol for all child
5protective investigators and supervisors and child welfare
6specialists and supervisors shall be completed as soon as
7practicable, but no later than January 1, 1996. The Department
8shall submit to the General Assembly on or before May 1, 1996,
9and every year thereafter, an annual report on the evaluation
10of the reliability and validity of the child endangerment risk
11assessment protocol. The Department shall contract with a not
12for profit organization with demonstrated expertise in the
13field of child endangerment risk assessment to assist in the
14development and implementation of the child endangerment risk
15assessment protocol, related training, method for
16demonstration of proficiency in application of the protocol,
17and evaluation of the reliability and validity of the
18protocol.
19    (f) The Department shall provide each parent or guardian
20and responsible adult caregiver participating in a safety plan
21a copy of the written safety plan as signed by each parent or
22guardian and responsible adult caregiver and by a
23representative of the Department. The Department shall also
24provide each parent or guardian and responsible adult
25caregiver safety plan information on their rights and
26responsibilities that shall include, but need not be limited

 

 

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1to, information on how to obtain medical care, emergency phone
2numbers, and information on how to notify schools or child day
3care providers as appropriate. The Department's representative
4shall ensure that the safety plan is reviewed and approved by
5the 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;
9Department of Human Services.
10    (a) Blank.
11    (b) Blank.
12    (c) The Department of Human Services shall establish and
13operate child day care facilities for the children of migrant
14workers in areas of the State where they are needed. The
15Department may provide these child day care services by
16contracting with private centers if practicable. "Migrant
17worker" means any person who moves seasonally from one place
18to another, within or without the State, for the purpose of
19employment 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;
23Department of Human Services. The Department of Human Services
24may establish, with financing to be provided through the

 

 

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1issuance of bonds by the Illinois Finance Authority pursuant
2to the Illinois Finance Authority Act, a low-interest loan
3program to help child care centers and family child day care
4homes 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
11and family child day care homes serving children of low income
12families.
13(Source: P.A. 93-205, eff. 1-1-04.)
 
14    Section 20. The Department of Commerce and Economic
15Opportunity Law of the Civil Administrative Code of Illinois
16is 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,
21directly or indirectly, federal funds under the authority of
22legislation passed in response to the Coronavirus epidemic
23including, but not limited to, the Coronavirus Aid, Relief,
24and Economic Security Act, P.L. 116-136 (the "CARES Act") and

 

 

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1the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
2Act"); such funds shall be used in accordance with the CARES
3Act and ARPA Act legislation and published guidance. Section
45001 of the CARES Act establishes the Coronavirus Relief Fund,
5which authorizes the State to expend funds that are necessary
6to respond to the COVID-19 public health emergency. The
7financial support of Qualifying Businesses is a necessary
8expense under federal guidance for implementing Section 5001
9of the CARES Act. Upon receipt or availability of such State or
10federal funds, and subject to appropriations for their use,
11the Department shall administer a program to provide financial
12assistance to Qualifying Businesses that have experienced
13interruption of business or other adverse conditions
14attributable to the COVID-19 public health emergency. Support
15may be provided directly by the Department to businesses and
16organizations or in cooperation with a Qualified Partner.
17Financial assistance may include, but not be limited to
18grants, expense reimbursements, or subsidies.
19    (b) From appropriations for the Back to Business Program,
20up to $60,000,000 may be allotted to the repayment or
21conversion of Eligible Loans made pursuant to the Department's
22Emergency Loan Fund Program. An Eligible Loan may be repaid or
23converted through a grant payment, subsidy, or reimbursement
24payment to the recipient or, on behalf of the recipient, to the
25Qualified Partner, or by any other lawful method.
26    (c) From appropriations for the Back to Business Program,

 

 

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1the Department shall provide financial assistance through
2grants, expense reimbursements, or subsidies to Qualifying
3Businesses or a Qualified Partner to cover expenses or losses
4incurred due to the COVID-19 public health emergency or for
5start-up costs of a new Qualifying Business. All spending
6related to this program from federal funds must be
7reimbursable by the Federal Coronavirus Relief Fund in
8accordance with Section 5001 of the federal CARES Act, the
9ARPA Act, and any related federal guidance, or the provisions
10of any other federal source supporting the program.
11    (d) As more fully described in subsection (c), funds will
12be appropriated to the Back to Business Program for
13distribution to or on behalf of Qualifying Businesses. Of the
14funds appropriated, a minimum of 40% shall be allotted for
15Qualifying Businesses with ZIP codes located in the most
16disproportionately impacted areas of Illinois, based on
17positive COVID-19 cases.
18    (e) The Department shall coordinate with the Department of
19Human Services with respect to making grants, expense
20reimbursements or subsidies to any child care or day care
21provider providing services under Section 9A-11 of the
22Illinois Public Aid Code to determine what resources the
23Department of Human Services may be providing to a child care
24or day care provider under Section 9A-11 of the Illinois
25Public Aid Code.
26    (f) The Department may establish by rule administrative

 

 

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1procedures for the grant program, including any application
2procedures, grant agreements, certifications, payment
3methodologies, and other accountability measures that may be
4imposed upon participants in the program. The emergency
5rulemaking process may be used to promulgate the initial rules
6of the grant program and any amendments to the rules following
7the effective date of this amendatory Act of the 102nd General
8Assembly.
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

 

 

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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
11to:
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,

 

 

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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
21changing 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
24Enterprise Zone shall be under the jurisdiction of the

 

 

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1designating municipality or county. Each designating
2municipality or county shall, by ordinance, designate a Zone
3Administrator for the certified zones within its jurisdiction.
4A Zone Administrator must be an officer or employee of the
5municipality or county. The Zone Administrator shall be the
6liaison between the designating municipality or county, the
7Department, and any designated zone organizations within zones
8under his jurisdiction.
9    A designating municipality or county may designate one or
10more organizations qualified under paragraph (d) of Section 3
11to be designated zone organizations for purposes of this Act.
12The municipality or county, may, by ordinance, delegate
13functions within an Enterprise Zone to one or more designated
14zone organizations in such zones.
15    Subject to the necessary governmental authorizations,
16designated zone organizations may provide the following
17services or perform the following functions in coordination
18with the municipality or county:
19    (a) Provide or contract for provision of public services
20including, 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;

 

 

SB1797- 93 -LRB103 03433 AMQ 48439 b

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,
15permit, or licensing procedure within an Enterprise Zone.
16    (c) Provide a forum for business, labor and government
17action on zone innovations.
18    (d) Apply for regulatory relief as provided in Section 8
19of this Act.
20    (e) Receive title to publicly owned land.
21    (f) Perform such other functions as the responsible
22government entity may deem appropriate, including offerings
23and contracts for insurance with businesses within the Zone.
24    (g) Agree with local governments to provide such public
25services within the zones by contracting with private firms
26and organizations, where feasible and prudent.

 

 

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1    (h) Solicit and receive contributions to improve the
2quality 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
5amended 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

 

 

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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
4emergency medical services personnel as defined in the
5Emergency Medical Services (EMS) Systems Act, firefighters,
6law enforcement officers, and, as determined by the
7Department, any other workers who, on account of their work
8schedule, need child care outside of the hours when licensed
9child care facilities typically operate.
10    (c) Subject to appropriation, the Department of Human
11Services shall establish and administer an Off-Hours Child
12Care Program to help first responders and other workers
13identify and access off-hours, night, or sleep time child
14care. Services funded under the program must address the child
15care needs of first responders. Funding provided under the
16program may also be used to cover any capital and operating
17expenses related to the provision of off-hours, night, or
18sleep time child care for first responders. Funding awarded
19under this Section shall be funded through appropriations from
20the Off-Hours Child Care Program Fund created under subsection
21(d). The Department shall implement the program by July 1,
222023. The Department may adopt any rules necessary to
23implement the program.
24    (d) The Off-Hours Child Care Program Fund is created as a
25special fund in the State treasury. The Fund shall consist of
26any moneys appropriated to the Department of Human Services

 

 

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1for the Off-Hours Child Care Program. Moneys in the Fund shall
2be expended for the Off-Hours Child Care Program and for no
3other purpose. All interest earned on moneys in the Fund shall
4be 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
9specific appropriation for this purpose, operate a Great START
10(Strategy To Attract and Retain Teachers) program. The goal of
11the program is to improve children's developmental and
12educational outcomes in child care by encouraging increased
13professional preparation by staff and staff retention. The
14Great START program shall coordinate with the TEACH
15professional development program.
16    The program shall provide wage supplements and may include
17other incentives to licensed child care center personnel,
18including early childhood teachers, school-age workers, early
19childhood assistants, school-age assistants, and directors, as
20such positions are defined by administrative rule of the
21Department of Children and Family Services. The program shall
22provide wage supplements and may include other incentives to
23licensed family child day care home personnel and licensed
24group child day care home personnel, including caregivers and
25assistants as such positions are defined by administrative

 

 

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1rule of the Department of Children and Family Services.
2Individuals will receive supplements commensurate with their
3qualifications.
4    (b) (Blank).
5    (c) The Department shall, by rule, define the scope and
6operation of the program, including a wage supplement scale.
7The scale shall pay increasing amounts for higher levels of
8educational attainment beyond minimum qualifications and shall
9recognize longevity of employment. Subject to the availability
10of sufficient appropriation, the wage supplements shall be
11paid to child care personnel in the form of bonuses at 6 month
12intervals. Six months of continuous service with a single
13employer is required to be eligible to receive a wage
14supplement bonus. Wage supplements shall be paid directly to
15individual child day care personnel, not to their employers.
16Eligible individuals must provide to the Department or its
17agent all information and documentation, including but not
18limited to college transcripts, to demonstrate their
19qualifications for a particular wage supplement level.
20    If appropriations permit, the Department may include
21one-time signing bonuses or other incentives to help providers
22attract staff, provided that the signing bonuses are less than
23the supplement staff would have received if they had remained
24employed with another child day care center or family child
25day care home.
26    If appropriations permit, the Department may include

 

 

SB1797- 98 -LRB103 03433 AMQ 48439 b

1one-time longevity bonuses or other incentives to recognize
2staff 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
6Disabilities Administrative Act is amended by changing Section
757.5 as follows:
 
8    (20 ILCS 1705/57.5)
9    Sec. 57.5. Autism diagnosis education program.
10    (a) Subject to appropriations, the Department shall
11contract to establish an autism diagnosis education program
12for young children. The Department shall establish the program
13at 3 different sites in the State. The program shall have the
14following 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

 

 

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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,
132008, The Autism Program shall expand training and direct
14services by deploying additional regional centers, outreach
15centers, and community planning and network development
16initiatives. The expanded Autism Program Service Network shall
17consist of a comprehensive program of outreach and center
18development utilizing model programs developed by The Autism
19Program. This expansion shall span Illinois and support
20consensus building, outreach, and service provision for
21children with autism spectrums disorders and their families.
22    (b) Before January 1, 2006, the Department shall report to
23the Governor and the General Assembly concerning the progress
24of the autism diagnosis education program established under
25this Section.
26(Source: P.A. 95-707, eff. 1-11-08.)
 

 

 

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1    Section 40. The Illinois Finance Authority Act is amended
2by 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
6collect rates, rents, fees and charges for the use of and for
7the services furnished or to be furnished by a project or other
8health facilities owned, financed or refinanced by the
9Authority or any portion thereof and to contract with any
10person, partnership, association or corporation or other body,
11public or private, in respect thereto; to coordinate its
12policies and procedures and cooperate with recognized health
13facility rate setting mechanisms which may now or hereafter be
14established.
15    (b) To establish rules and regulations for the use of a
16project or other health facilities owned, financed or
17refinanced by the Authority or any portion thereof and to
18designate a participating health institution as its agent to
19establish rules and regulations for the use of a project or
20other health facilities owned by the Authority undertaken for
21that participating health institution.
22    (c) To establish or contract with others to carry out on
23its behalf a health facility project cost estimating service
24and to make this service available on all projects to provide

 

 

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1expert cost estimates and guidance to the participating health
2institution and to the Authority. In order to implement this
3service and, through it, to contribute to cost containment,
4the Authority shall have the power to require such reasonable
5reports and documents from health facility projects as may be
6required for this service and for the development of cost
7reports and guidelines. The Authority may appoint a Technical
8Committee on Health Facility Project Costs and Cost
9Containment.
10    (d) To make mortgage or other secured or unsecured loans
11to or for the benefit of any participating health institution
12for the cost of a project in accordance with an agreement
13between the Authority and the participating health
14institution; provided that no such loan shall exceed the total
15cost of the project as determined by the participating health
16institution and approved by the Authority; provided further
17that such loans may be made to any entity affiliated with a
18participating health institution if the proceeds of such loan
19are made available to or applied for the benefit of such
20participating health institution.
21    (e) To make mortgage or other secured or unsecured loans
22to or for the benefit of a participating health institution in
23accordance with an agreement between the Authority and the
24participating health institution to refund outstanding
25obligations, loans, indebtedness or advances issued, made,
26given or incurred by such participating health institution for

 

 

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1the cost of a project; including the function to issue bonds
2and make loans to or for the benefit of a participating health
3institution to refinance indebtedness incurred by such
4participating health institution in projects undertaken and
5completed or for other health facilities acquired prior to or
6after the enactment of this Act when the Authority finds that
7such refinancing is in the public interest, and either
8alleviates a financial hardship of such participating health
9institution, or is in connection with other financing by the
10Authority for such participating health institution or may be
11expected to result in a lessened cost of patient care and a
12saving to third parties, including government, and to others
13who must pay for care, or any combination thereof; provided
14further that such loans may be made to any entity affiliated
15with a participating health institution if the proceeds of
16such loan are made available to or applied for the benefit of
17such participating health institution.
18    (f) To mortgage all or any portion of a project or other
19health facilities and the property on which any such project
20or other health facilities are located whether owned or
21thereafter acquired, and to assign or pledge mortgages, deeds
22of trust, indentures of mortgage or trust or similar
23instruments, notes, and other securities of participating
24health institutions to which or for the benefit of which the
25Authority has made loans or of entities affiliated with such
26institutions and the revenues therefrom, including payments or

 

 

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1income from any thereof owned or held by the Authority, for the
2benefit of the holders of bonds issued to finance such project
3or health facilities or issued to refund or refinance
4outstanding obligations, loans, indebtedness or advances of
5participating health institutions as permitted by this Act.
6    (g) To lease to a participating health institution the
7project being financed or refinanced or other health
8facilities conveyed to the Authority in connection with such
9financing or refinancing, upon such terms and conditions as
10the Authority shall deem proper, and to charge and collect
11rents therefor and to terminate any such lease upon the
12failure of the lessee to comply with any of the obligations
13thereof; and to include in any such lease, if desired,
14provisions that the lessee thereof shall have options to renew
15the lease for such period or periods and at such rent as shall
16be determined by the Authority or to purchase any or all of the
17health facilities or that upon payment of all of the
18indebtedness incurred by the Authority for the financing of
19such project or health facilities or for refunding outstanding
20obligations, loans, indebtedness or advances of a
21participating health institution, then the Authority may
22convey any or all of the project or such other health
23facilities to the lessee or lessees thereof with or without
24consideration.
25    (h) To make studies of needed health facilities that could
26not sustain a loan were it made under this Act and to recommend

 

 

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1remedial action to the General Assembly; to do the same with
2regard to any laws or regulations that prevent health
3facilities from benefiting from this Act.
4    (i) To assist the Department of Commerce and Economic
5Opportunity to establish and implement a program to assist
6health facilities to identify and arrange financing for energy
7conservation projects in buildings and facilities owned or
8leased by health facilities.
9    (j) To assist the Department of Human Services in
10establishing a low interest loan program to help child care
11centers and family child day care homes serving children of
12low income families under Section 22.4 of the Children and
13Family Services Act. The Authority, on or after the effective
14date of this amendatory Act of the 97th General Assembly, is
15authorized to convert existing agreements for financial aid in
16accordance with Section 840-5(j) to permanent capital to
17leverage additional private capital and establish a revolving
18loan fund for nonprofit corporations providing human services
19under contract to the State.
20    (k) To assist the Department of Public Health and nursing
21homes in undertaking nursing home conversion projects in
22accordance 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
25by changing Section 2 as follows:
 

 

 

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1    (20 ILCS 3510/2)  (from Ch. 111 1/2, par. 8102)
2    Sec. 2. Definitions. The following words and terms,
3whether or not capitalized, have the following meanings,
4unless the context or use clearly requires otherwise:
5    "Asbestos" means asbestos as defined and used in the
6federal Asbestos Hazard Emergency Response Act of 1986, as now
7or hereafter amended, including the regulations promulgated
8under that Act.
9    "Asbestos Abatement Project" means asbestos inspection,
10planning and response action under and within the meaning of
11the federal Asbestos Hazard Emergency Response Act of 1986, as
12now or hereafter amended, to abate a health hazard caused
13directly or indirectly by the existence of asbestos in any
14building or other facility owned, operated, maintained or
15occupied in whole or in part by a public corporation or a
16private 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
20indebtedness 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
23the costs incurred or to be incurred by a public corporation or
24a private institution in the removal, encapsulation,
25enclosure, repair, or maintenance of asbestos in any building

 

 

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1or other facility owned, operated, maintained or occupied in
2whole or in part by a public corporation or a private
3institution, including all incidental costs such as
4engineering, architectural, consulting and legal expenses
5incurred in connection with an asbestos abatement project,
6plans, specifications, surveys, estimates of costs and
7revenues, finance charges, interest before and during
8construction of an asbestos abatement project and, for up to
918 months after completion of construction, other expenses
10necessary or incident to determining the need, feasibility or
11practicability of an asbestos abatement project,
12administrative expenses, and such other costs, charges and
13expenses as may be necessary or incident to the construction
14or financing of any asbestos abatement project. As used in
15this Act, "cost" means not only costs of an asbestos abatement
16project expected to be incurred in the future, but costs
17already incurred and paid by a public corporation or a private
18institution so that a public corporation or a private
19institution shall be permitted to reimburse itself for those
20costs previously incurred and paid.
21    "Person" means any individual, firm, partnership,
22association, or corporation, separately or in any combination.
23    "Private institution" means any not-for-profit
24organization within the meaning of Section 501(c)(3) of the
25Internal Revenue Code of 1986, as now or hereafter amended,
26including any private or nonpublic pre-school, child day care

 

 

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1center, day or residential educational institution that
2provides elementary or secondary education for grades 12 or
3under, any private or nonpublic college or university, or any
4hospital, health care or long term care institution.
5    "Private institution security" means any bond, note, loan
6agreement, or other evidence of indebtedness which a private
7institution is legally authorized to issue or enter into for
8the purpose of financing or refinancing the costs of an
9asbestos abatement project.
10    "Public corporation" means any body corporate organized by
11or under the laws of this State to carry out a public
12governmental or proprietary function, including the State, any
13State agency, any school district, park district, city,
14village, incorporated town, county, township, drainage or any
15other type of district, board, commission, authority,
16university, public community college or any combination
17(including any combination under Section 10 of Article VII of
18the Illinois Constitution or under the Intergovernmental
19Cooperation Act of 1973, as now or hereafter amended), acting
20through their corporate authorities, and any other unit of
21local government within the meaning of Section 1 of Article
22VII of the Illinois Constitution.
23    "Public corporation security" means any bond, note, loan
24agreement, or other evidence of indebtedness which a public
25corporation is legally authorized to issue or enter into for
26the purpose of financing or refinancing the costs of an

 

 

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1asbestos 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
7Act 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
10requires, the following terms shall have the meanings ascribed
11to them:
12    1. "Department" means the Department of Central Management
13Services.
14    2. "State agency" means all departments, officers,
15commissions, boards, institutions and bodies politic and
16corporate of the State, including the offices of Clerk of the
17Supreme Court and Clerks of the Appellate Courts, the several
18courts of the State and the legislature, its committees or
19commissions.
20    3. "Child care services" means child day care home or
21center 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)

 

 

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1    Sec. 3. The Department may authorize a State agency to
2contract for the provision of child care services for its
3employees. The Department may, in accordance with established
4rules, allow child day care centers to operate in State-owned
5or leased facilities. Such facilities shall be primarily for
6use by State employees but use by non-employees may be
7allowed.
8    Where a State agency enters into a contract to construct,
9acquire or lease all or a substantial portion of a building, in
10which more than 50 persons shall be employed, other than a
11renewal of an existing lease, after July 1, 1990, and where a
12need has been demonstrated, according to Section 4 of this
13Act, on-site child care services shall be provided for State
14employees.
15    The Department shall implement this Act and shall
16promulgate all rules and regulations necessary for this
17purpose. By April 1, 1991, the Department shall propose rules
18setting forth the standards and criteria, including need and
19feasibility, for determining if on-site child care services
20shall be provided. The Department shall consult with the
21Department of Children and Family Services in defining
22standards for child care service centers established pursuant
23to this Act to ensure compliance with the Child Care Act of
241969. The Department shall establish a schedule of fees that
25shall be charged to employees of State agencies who may obtain
26child care services under this Act. Such schedule shall be

 

 

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1established so that charges for service are based on the
2actual cost of care. Except as otherwise provided by law for
3employees who may qualify for public assistance or social
4services due to indigency or family circumstance, each
5employee obtaining child care services under this Act shall be
6responsible for full payment of such charges. The Department
7shall report, on or before December 31 of each year, to the
8Governor and the members of the General Assembly, on the
9feasibility and implementation of a plan for the provision of
10comprehensive 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
14Department to contract for child care services, a State agency
15shall demonstrate a need for such services. Proof of need
16submitted to the Department may include a survey of agency
17employees as well as a determination of the availability of
18child care services under such agency, through other State
19agencies, or in the community. The Department may also require
20submission of a feasibility, design and implementation plan,
21which takes into consideration similar needs and services of
22other State agencies.
23    The Department shall assist any State agency authorized to
24procure child care services in the preparation of a request
25for proposals, in order to assure that the services provided

 

 

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1address the specific needs of the agency personnel.
2    Any State agency authorized by the Department to contract
3for child care services shall have the sole responsibility for
4choosing the successful bidder and overseeing the operation of
5its child care service program within the guidelines
6established by the Department. The Department shall promulgate
7rules pursuant to the Illinois Administrative Procedure Act
8which detail the specific standards to be used by the Director
9of any State agency in the selection of a vendor of child care
10services.
11    The State agency's contract shall provide for the
12establishment of or arrangement for the use of a licensed
13child day care center or a licensed child day care agency, as
14defined in the Child Care Act of 1969.
15    State agencies with similar needs, or those with small
16employee populations may group together to establish need and
17contract 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
21on Legislative Support Services, may contract for the
22establishment of child care services, which may also serve as
23a prototype or model of such services for other state
24agencies. Such a center shall use a schedule of fees and
25charges established by the Department under Section 3 of this

 

 

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1Act. Such a center may also be used for the conduct of research
2on child development, child day care standards, the effect of
3employer-assisted child care on employee morale and
4productivity or other subjects as determined by the Joint
5Committee on Legislative Support Services, in consultation
6with 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
92c as follows:
 
10    (35 ILCS 105/2c)  (from Ch. 120, par. 439.2c)
11    Sec. 2c. For purposes of this Act, a corporation, limited
12liability company, society, association, foundation or
13institution organized and operated exclusively for educational
14purposes shall include: all tax-supported public schools;
15private schools which offer systematic instruction in useful
16branches of learning by methods common to public schools and
17which compare favorably in their scope and intensity with the
18course of study presented in tax-supported schools; licensed
19child day care centers as defined in Section 2.09 of the Child
20Care Act of 1969 which are operated by a not for profit
21corporation, society, association, foundation, institution or
22organization; vocational or technical schools or institutes
23organized and operated exclusively to provide a course of
24study of not less than 6 weeks duration and designed to prepare

 

 

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1individuals to follow a trade or to pursue a manual,
2technical, mechanical, industrial, business or commercial
3occupation.
4    However, a corporation, limited liability company,
5society, association, foundation or institution organized and
6operated for the purpose of offering professional, trade or
7business seminars of short duration, self-improvement or
8personality development courses, courses which are avocational
9or recreational in nature, courses pursued entirely by open
10circuit television or radio, correspondence courses, or
11courses which do not provide specialized training within a
12specific vocational or technical field shall not be considered
13to be organized and operated exclusively for educational
14purposes.
15(Source: P.A. 88-480.)
 
16    Section 60. The Service Occupation Tax Act is amended by
17changing 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
20liability company, society, association, foundation or
21institution organized and operated exclusively for educational
22purposes shall include: all tax-supported public schools;
23private schools which offer systematic instruction in useful
24branches of learning by methods common to public schools and

 

 

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1which compare favorably in their scope and intensity with the
2course of study presented in tax-supported schools; licensed
3child day care centers as defined in Section 2.09 of the Child
4Care Act of 1969 which are operated by a not-for-profit
5corporation, society, association, foundation, institution or
6organization; vocational or technical schools or institutes
7organized and operated exclusively to provide a course of
8study of not less than 6 weeks duration and designed to prepare
9individuals to follow a trade or to pursue a manual,
10technical, mechanical, industrial, business or commercial
11occupation.
12    However, a corporation, limited liability company,
13society, association, foundation or institution organized and
14operated for the purpose of offering professional, trade or
15business seminars of short duration, self-improvement or
16personality development courses, courses which are avocational
17or recreational in nature, courses pursued entirely by open
18circuit television or radio, correspondence courses, or
19courses which do not provide specialized training within a
20specific vocational or technical field shall not be considered
21to be organized and operated exclusively for educational
22purposes.
23(Source: P.A. 88-480.)
 
24    Section 65. The Retailers' Occupation Tax Act is amended
25by changing Section 2h as follows:
 

 

 

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1    (35 ILCS 120/2h)  (from Ch. 120, par. 441h)
2    Sec. 2h. For purposes of this Act, a corporation, limited
3liability company, society, association, foundation or
4institution organized and operated exclusively for educational
5purposes shall include: all tax-supported public schools;
6private schools which offer systematic instruction in useful
7branches of learning by methods common to public schools and
8which compare favorably in their scope and intensity with the
9course of study presented in tax-supported schools; licensed
10child day care centers as defined in Section 2.09 of the Child
11Care Act of 1969 which are operated by a not for profit
12corporation, society, association, foundation, institution or
13organization; vocational or technical schools or institutes
14organized and operated exclusively to provide a course of
15study of not less than 6 weeks duration and designed to prepare
16individuals to follow a trade or to pursue a manual,
17technical, mechanical, industrial, business or commercial
18occupation.
19    However, a corporation, limited liability company,
20society, association, foundation or institution organized and
21operated for the purpose of offering professional, trade or
22business seminars of short duration, self-improvement or
23personality development courses, courses which are avocational
24or recreational in nature, courses pursued entirely by open
25circuit television or radio, correspondence courses, or

 

 

SB1797- 116 -LRB103 03433 AMQ 48439 b

1courses which do not provide specialized training within a
2specific vocational or technical field shall not be considered
3to be organized and operated exclusively for educational
4purposes.
5(Source: P.A. 88-480.)
 
6    Section 70. The Community Self-Revitalization Act is
7amended 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
11Act, a community shall first, by ordinance passed by its
12corporate authorities, request that the Department certify
13that it is an economically distressed community. The community
14must submit a certified copy of the ordinance to the
15Department. After review of the ordinance, if the Department
16determines that the community meets the requirements for
17certification, the Department may certify the community as an
18economically distressed community.
19    (b) A community that is certified by the Department as an
20economically distressed community may appoint a Board of
21Economic Advisors to create and implement a revitalization
22plan for the community. The Board shall consist of 18 members
23of the community, appointed by the mayor or the presiding
24officer of the county or jointly by the presiding officers of

 

 

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1each municipality and county that have joined to form a
2community for the purposes of this Act. Up to 18 Board members
3may 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

 

 

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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
17appointment, shall select one member as chairperson at its
18initial meeting, and shall thereafter meet at the call of the
19chairperson. Members of the Board shall serve without
20compensation.
21    (c) One third of the initial appointees shall serve for 2
22years, one third shall serve for 3 years, and one third shall
23serve for 4 years, as determined by lot. Subsequent appointees
24shall serve terms of 5 years.
25    (d) The Board shall create a 3-year to 5-year
26revitalization plan for the community. The plan shall contain

 

 

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1distinct, measurable objectives for revitalization. The
2objectives shall be used to guide ongoing implementation of
3the plan and to measure progress during the 3-year to 5-year
4period. The Board shall work in a dynamic manner defining
5goals for the community based on the strengths and weaknesses
6of the individual sectors of the community as presented by
7each member of the Board. The Board shall meet periodically
8and revise the plan in light of the input from each member of
9the Board concerning his or her respective sector of
10expertise. The process shall be a community driven
11revitalization process, with community-specific data
12determining 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
15Sections 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,
18which has been held unconstitutional)
19    Sec. 4-11001. Juror fees. Each county shall pay to grand
20and petit jurors for their services in attending courts the
21sums of $25 for the first day and thereafter $50 for each day
22of necessary attendance, or such higher amount as may be fixed
23by the county board.
24    If a judge so orders, a juror shall also receive

 

 

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1reimbursement for the actual cost of child day care incurred
2by the juror during his or her service on a jury.
3    The juror fees for service and child day care shall be paid
4out of the county treasury.
5    The clerk of the court shall furnish to each juror without
6fee whenever he is discharged a certificate of the number of
7days' attendance at court, and upon presentation thereof to
8the county treasurer, he shall pay to the juror the sum
9provided for his service.
10    Any juror may elect to waive the fee paid for service,
11transportation, 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,
14which has been held unconstitutional)
15    Sec. 4-11001. Juror fees. Each county shall pay to grand
16and petit jurors for their services in attending courts the
17sum of $4 for each day of necessary attendance at such courts
18as jurors in counties of the first class, the sum of $5 for
19each day in counties of the second class, and the sum of $10
20for each day in counties of the third class, or such higher
21amount as may be fixed by the county board.
22    In addition, jurors shall receive such travel expense as
23may be determined by the county board, provided that jurors in
24counties of the first class and second class shall receive at
25least 10 cents per mile for their travel expense. Mileage

 

 

SB1797- 121 -LRB103 03433 AMQ 48439 b

1shall be allowed for travel during a juror's term as well as
2for travel at the opening and closing of his term.
3    If a judge so orders, a juror shall also receive
4reimbursement for the actual cost of child day care incurred
5by the juror during his or her service on a jury.
6    The juror fees for service, transportation, and child day
7care shall be paid out of the county treasury.
8    The clerk of the court shall furnish to each juror without
9fee whenever he is discharged a certificate of the number of
10days' attendance at court, and upon presentation thereof to
11the county treasurer, he shall pay to the juror the sum
12provided for his service.
13    Any juror may elect to waive the fee paid for service,
14transportation, 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
18prohibited within an unincorporated area of a county to locate
19an adult entertainment facility within 3,000 feet of the
20property boundaries of any school, child day care center,
21cemetery, public park, forest preserve, public housing, place
22of religious worship, or residence, except that in a county
23with a population of more than 800,000 and less than 2,000,000
24inhabitants, it is prohibited to locate, construct, or operate
25a new adult entertainment facility within one mile of the

 

 

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1property boundaries of any school, child day care center,
2cemetery, public park, forest preserve, public housing, or
3place of religious worship located anywhere within that
4county. Notwithstanding any other requirements of this
5Section, it is also prohibited to locate, construct, or
6operate a new adult entertainment facility within one mile of
7the property boundaries of any school, child day care center,
8cemetery, public park, forest preserve, public housing, or
9place of religious worship located in that area of Cook County
10outside of the City of Chicago.
11    For the purposes of this Section, "adult entertainment
12facility" means (i) a striptease club or pornographic movie
13theatre whose business is the commercial sale, dissemination,
14or distribution of sexually explicit material, shows, or other
15exhibitions or (ii) an adult bookstore or adult video store
16whose primary business is the commercial sale, dissemination,
17or distribution of sexually explicit material, shows, or other
18exhibitions. "Unincorporated area of a county" means any area
19not within the boundaries of a municipality.
20    The State's Attorney of the county where the adult
21entertainment facility is located or the Attorney General may
22institute a civil action for an injunction to restrain
23violations of this Section. In that proceeding, the court
24shall determine whether a violation has been committed and
25shall enter such orders as it considers necessary to remove
26the effect of any violation and to prevent the violation from

 

 

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1continuing 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
4Section 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
8may enter into any cooperative agreement or contract with any
9other governmental entity, not-for-profit corporation,
10non-profit community service association, or any for-profit
11business entity as provided in subsection (b) with respect to
12the expenditure of township funds, or funds made available to
13the township under the federal State and Local Fiscal
14Assistance Act of 1972, to provide any of the following
15services 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.

 

 

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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
9under this Section, a private not-for-profit corporation or
10community service association shall have been in existence at
11least one year before receiving the funds. The township board
12may, however, for the purpose of providing child day care
13services, contract with child day care facilities licensed
14under the Child Care Act of 1969, regardless of whether the
15facilities are organized on a for-profit or not-for-profit
16basis.
17    (c) Township governments that directly expend or contract
18for child day care shall use the standard of need established
19by the Department of Children and Family Services in
20determining recipients of subsidized child day care and shall
21use the rate schedule used by the Department of Children and
22Family Services for the purchase of subsidized child day care.
23    (d) Township governments that directly expend or contract
24for senior citizen services may contract with for-profit (or
25not-for-profit) and non-sectarian organizations as provided in
26Sections 220-15 and 220-35.

 

 

SB1797- 125 -LRB103 03433 AMQ 48439 b

1    (e) Those township supervisors or other elected township
2officials who are also members of a county board shall not vote
3on questions before the township board or the county board
4that relate to agreements or contracts between the township
5and the county under this Section or agreements or contracts
6between the township and the county that are otherwise
7authorized by law.
8    (f) The township board may enter into direct agreements
9with for-profit corporations or other business entities to
10carry out recycling programs in unincorporated areas of the
11township.
12    The township board may by ordinance administer a recycling
13program or adopt rules and regulations relating to recycling
14programs in unincorporated areas of the township that it from
15time to time deems necessary and may provide penalties for
16violations of those rules and regulations.
17    (g) For purposes of alleviating high unemployment,
18economically depressed conditions, and lack of moderately
19priced housing, the trustees of a township that includes all
20or a portion of a city that is a "financially distressed city"
21under the Financially Distressed City Law may contract with
22one or more not-for-profit or for-profit organizations to
23construct and operate within the boundaries of the township a
24factory designed to manufacture housing or housing components.
25The contract may provide for the private organization or
26organizations to manage some or all operations of the factory

 

 

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1and may provide for (i) payment of employee compensation and
2taxes; (ii) discharge of other legal responsibilities; (iii)
3sale of products; (iv) disposition of the factory, equipment,
4and other property; and (v) any other matters the township
5trustees consider reasonable.
6(Source: P.A. 95-119, eff. 8-13-07.)
 
7    Section 85. The Illinois Municipal Code is amended by
8changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and
911-80-15 as follows:
 
10    (65 ILCS 5/8-3-18)
11    Sec. 8-3-18. A municipality, upon a majority vote of its
12governing authority, may abate taxes levied for corporate
13purposes under Section 8-3-1 in an amount not to exceed 50% of
14the donation by a taxpayer who donates not less than $10,000 to
15a qualified program. The abatement shall not exceed the tax
16extension on the taxpayer's real property for the levy year in
17which the donation is made.
18    For purposes of this Section, "qualified program" means a
19facility or a program in an area designated as a target area by
20the governing authority of the municipality for the creation
21or expansion of job training and counseling programs, youth
22child day care centers, congregate housing programs for senior
23adults, youth recreation programs, alcohol and drug abuse
24prevention, mental health counseling programs, domestic

 

 

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1violence shelters, and other programs, facilities or services
2approved by the governing authority as qualified programs in a
3target 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
7prohibited within a municipality to locate an adult
8entertainment facility within 1,000 feet of the property
9boundaries of any school, child day care center, cemetery,
10public park, forest preserve, public housing, and place of
11religious worship, except that in a county with a population
12of more than 800,000 and less than 2,000,000 inhabitants, it
13is prohibited to locate, construct, or operate a new adult
14entertainment facility within one mile of the property
15boundaries of any school, child day care center, cemetery,
16public park, forest preserve, public housing, or place of
17religious worship located anywhere within that county.
18Notwithstanding any other requirements of this Section, it is
19also prohibited to locate, construct, or operate a new adult
20entertainment facility within one mile of the property
21boundaries of any school, child day care center, cemetery,
22public park, forest preserve, public housing, or place of
23religious worship located in that area of Cook County outside
24of the City of Chicago.
25    For the purposes of this Section, "adult entertainment

 

 

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1facility" means (i) a striptease club or pornographic movie
2theatre whose business is the commercial sale, dissemination,
3or distribution of sexually explicit material, shows, or other
4exhibitions or (ii) an adult bookstore or adult video store in
5which 25% or more of its stock-in-trade, books, magazines, and
6films for sale, exhibition, or viewing on-premises are
7sexually explicit material.
8(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07;
995-876, 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,
13may, by ordinance, require any electric utility (i) that
14serves more than 1,000,000 customers in Illinois and (ii) that
15is operating within the corporate limits of the municipality
16to adopt and to provide the municipality with a local
17emergency energy plan. For the purposes of this Section, (i)
18"local emergency energy plan" or "plan" means a planned course
19of action developed by the electric utility that is
20implemented when the demand for electricity exceeds, or is at
21significant risk of exceeding, the supply of electricity
22available to the electric utility and (ii) "local emergency
23energy plan ordinance" means an ordinance adopted by the
24corporate authorities of the municipality under this Section
25that requires local emergency energy plans.

 

 

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1    (b) A local emergency energy plan must include the
2following 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
25that, when an electric utility determines it is necessary to
26implement a controlled rotating interruption of electric

 

 

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1service because the demand for electricity exceeds, or is at
2significant risk of exceeding, the supply of electricity
3available to the electric utility, the electric utility notify
4a designated municipal officer that the electric utility will
5be implementing its local emergency energy plan. The
6notification shall be made pursuant to a procedure approved by
7the municipality after consultation with the electric utility.
8    (d) After providing the notice required in subsection (c),
9an electric utility shall reasonably and separately advise
10designated municipal officials before it implements each level
11or stage of the plan, which shall include (i) a request for
12emergency help from neighboring utilities, (ii) a declaration
13of a control area emergency, and (iii) a public appeal for
14voluntary curtailment of electricity use.
15    (e) The electric utility must give a separate notice to a
16designated municipal official immediately after it determines
17that there will be a controlled rotating interruption of
18electric service under the local emergency energy plan. The
19notification must include (i) the areas in which service will
20be interrupted, (ii) the sequence and estimated duration of
21the service outage for each area, (iii) the affected feeders,
22and (iv) the number of affected customers in each area.
23Whenever practical, the notification shall be made at least 2
24hours before the time of the outages. If the electric utility
25is aware that controlled rotating interruptions may be
26required, the notification may not be made less than 30

 

 

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1minutes before the outages.
2    (f) A local emergency energy plan ordinance may provide
3civil penalties for violations of its provisions. The
4penalties must be permitted under the Illinois Municipal Code.
5    (g) The notifications required by this Section are in
6addition to the notification requirements of any applicable
7franchise agreement or ordinance and to the notification
8requirements of any applicable federal or State law, rule, and
9regulation.
10    (h) Except for any penalties or remedies that may be
11provided in a local emergency energy plan ordinance, in this
12Act, or in rules adopted by the Illinois Commerce Commission,
13nothing in this Section shall be construed to impose liability
14for or prevent a utility from taking any actions that are
15necessary at any time, in any order, and with or without notice
16that are required to preserve the integrity of the electric
17utility's electrical system and interconnected network.
18    (i) Nothing in this Section, a local emergency energy plan
19ordinance, or a local emergency energy plan creates any duty
20of a municipality to any person or entity. No municipality may
21be subject to any claim or cause of action arising, directly or
22indirectly, from its decision to adopt or to refrain from
23adopting a local emergency energy plan ordinance. No
24municipality may be subject to any claim or cause of action
25arising, directly or indirectly, from any act or omission
26under the terms of or information provided in a local

 

 

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1emergency energy plan filed under a local emergency energy
2plan 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
6used or referred to in this Division 74.4 shall have the
7following respective meanings, unless in any case a different
8meaning clearly appears from the context.
9    (a) For any redevelopment project area that has been
10designated pursuant to this Section by an ordinance adopted
11prior to November 1, 1999 (the effective date of Public Act
1291-478), "blighted area" shall have the meaning set forth in
13this Section prior to that date.
14    On and after November 1, 1999, "blighted area" means any
15improved or vacant area within the boundaries of a
16redevelopment project area located within the territorial
17limits 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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

SB1797- 140 -LRB103 03433 AMQ 48439 b

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

 

 

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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
8designated pursuant to this Section by an ordinance adopted
9prior to November 1, 1999 (the effective date of Public Act
1091-478), "conservation area" shall have the meaning set forth
11in this Section prior to that date.
12    On and after November 1, 1999, "conservation area" means
13any improved area within the boundaries of a redevelopment
14project area located within the territorial limits of the
15municipality in which 50% or more of the structures in the area
16have an age of 35 years or more. Such an area is not yet a
17blighted area but because of a combination of 3 or more of the
18following factors is detrimental to the public safety, health,
19morals 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.

 

 

SB1797- 142 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 143 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 144 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 145 -LRB103 03433 AMQ 48439 b

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

 

 

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1    available.
2    (c) "Industrial park" means an area in a blighted or
3conservation area suitable for use by any manufacturing,
4industrial, research or transportation enterprise, of
5facilities to include but not be limited to factories, mills,
6processing plants, assembly plants, packing plants,
7fabricating plants, industrial distribution centers,
8warehouses, repair overhaul or service facilities, freight
9terminals, research facilities, test facilities or railroad
10facilities.
11    (d) "Industrial park conservation area" means an area
12within the boundaries of a redevelopment project area located
13within the territorial limits of a municipality that is a
14labor surplus municipality or within 1 1/2 miles of the
15territorial limits of a municipality that is a labor surplus
16municipality if the area is annexed to the municipality; which
17area is zoned as industrial no later than at the time the
18municipality by ordinance designates the redevelopment project
19area, and which area includes both vacant land suitable for
20use as an industrial park and a blighted area or conservation
21area contiguous to such vacant land.
22    (e) "Labor surplus municipality" means a municipality in
23which, at any time during the 6 months before the municipality
24by ordinance designates an industrial park conservation area,
25the unemployment rate was over 6% and was also 100% or more of
26the national average unemployment rate for that same time as

 

 

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1published in the United States Department of Labor Bureau of
2Labor Statistics publication entitled "The Employment
3Situation" or its successor publication. For the purpose of
4this subsection, if unemployment rate statistics for the
5municipality are not available, the unemployment rate in the
6municipality shall be deemed to be the same as the
7unemployment rate in the principal county in which the
8municipality is located.
9    (f) "Municipality" shall mean a city, village,
10incorporated town, or a township that is located in the
11unincorporated portion of a county with 3 million or more
12inhabitants, if the county adopted an ordinance that approved
13the township's redevelopment plan.
14    (g) "Initial Sales Tax Amounts" means the amount of taxes
15paid under the Retailers' Occupation Tax Act, Use Tax Act,
16Service Use Tax Act, the Service Occupation Tax Act, the
17Municipal Retailers' Occupation Tax Act, and the Municipal
18Service Occupation Tax Act by retailers and servicemen on
19transactions at places located in a State Sales Tax Boundary
20during the calendar year 1985.
21    (g-1) "Revised Initial Sales Tax Amounts" means the amount
22of taxes paid under the Retailers' Occupation Tax Act, Use Tax
23Act, Service Use Tax Act, the Service Occupation Tax Act, the
24Municipal Retailers' Occupation Tax Act, and the Municipal
25Service Occupation Tax Act by retailers and servicemen on
26transactions at places located within the State Sales Tax

 

 

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1Boundary revised pursuant to Section 11-74.4-8a(9) of this
2Act.
3    (h) "Municipal Sales Tax Increment" means an amount equal
4to the increase in the aggregate amount of taxes paid to a
5municipality from the Local Government Tax Fund arising from
6sales by retailers and servicemen within the redevelopment
7project area or State Sales Tax Boundary, as the case may be,
8for as long as the redevelopment project area or State Sales
9Tax Boundary, as the case may be, exist over and above the
10aggregate amount of taxes as certified by the Illinois
11Department of Revenue and paid under the Municipal Retailers'
12Occupation Tax Act and the Municipal Service Occupation Tax
13Act by retailers and servicemen, on transactions at places of
14business located in the redevelopment project area or State
15Sales Tax Boundary, as the case may be, during the base year
16which shall be the calendar year immediately prior to the year
17in which the municipality adopted tax increment allocation
18financing. For purposes of computing the aggregate amount of
19such taxes for base years occurring prior to 1985, the
20Department of Revenue shall determine the Initial Sales Tax
21Amounts for such taxes and deduct therefrom an amount equal to
224% of the aggregate amount of taxes per year for each year the
23base year is prior to 1985, but not to exceed a total deduction
24of 12%. The amount so determined shall be known as the
25"Adjusted Initial Sales Tax Amounts". For purposes of
26determining the Municipal Sales Tax Increment, the Department

 

 

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1of Revenue shall for each period subtract from the amount paid
2to the municipality from the Local Government Tax Fund arising
3from sales by retailers and servicemen on transactions located
4in the redevelopment project area or the State Sales Tax
5Boundary, as the case may be, the certified Initial Sales Tax
6Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
7Initial Sales Tax Amounts for the Municipal Retailers'
8Occupation Tax Act and the Municipal Service Occupation Tax
9Act. For the State Fiscal Year 1989, this calculation shall be
10made by utilizing the calendar year 1987 to determine the tax
11amounts received. For the State Fiscal Year 1990, this
12calculation shall be made by utilizing the period from January
131, 1988, until September 30, 1988, to determine the tax
14amounts received from retailers and servicemen pursuant to the
15Municipal Retailers' Occupation Tax and the Municipal Service
16Occupation Tax Act, which shall have deducted therefrom
17nine-twelfths of the certified Initial Sales Tax Amounts, the
18Adjusted Initial Sales Tax Amounts or the Revised Initial
19Sales Tax Amounts as appropriate. For the State Fiscal Year
201991, this calculation shall be made by utilizing the period
21from October 1, 1988, to June 30, 1989, to determine the tax
22amounts received from retailers and servicemen pursuant to the
23Municipal Retailers' Occupation Tax and the Municipal Service
24Occupation Tax Act which shall have deducted therefrom
25nine-twelfths of the certified Initial Sales Tax Amounts,
26Adjusted Initial Sales Tax Amounts or the Revised Initial

 

 

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1Sales Tax Amounts as appropriate. For every State Fiscal Year
2thereafter, the applicable period shall be the 12 months
3beginning July 1 and ending June 30 to determine the tax
4amounts received which shall have deducted therefrom the
5certified Initial Sales Tax Amounts, the Adjusted Initial
6Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
7the case may be.
8    (i) "Net State Sales Tax Increment" means the sum of the
9following: (a) 80% of the first $100,000 of State Sales Tax
10Increment annually generated within a State Sales Tax
11Boundary; (b) 60% of the amount in excess of $100,000 but not
12exceeding $500,000 of State Sales Tax Increment annually
13generated within a State Sales Tax Boundary; and (c) 40% of all
14amounts in excess of $500,000 of State Sales Tax Increment
15annually generated within a State Sales Tax Boundary. If,
16however, a municipality established a tax increment financing
17district in a county with a population in excess of 3,000,000
18before January 1, 1986, and the municipality entered into a
19contract or issued bonds after January 1, 1986, but before
20December 31, 1986, to finance redevelopment project costs
21within a State Sales Tax Boundary, then the Net State Sales Tax
22Increment means, for the fiscal years beginning July 1, 1990,
23and July 1, 1991, 100% of the State Sales Tax Increment
24annually generated within a State Sales Tax Boundary; and
25notwithstanding any other provision of this Act, for those
26fiscal years the Department of Revenue shall distribute to

 

 

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1those municipalities 100% of their Net State Sales Tax
2Increment before any distribution to any other municipality
3and regardless of whether or not those other municipalities
4will receive 100% of their Net State Sales Tax Increment. For
5Fiscal Year 1999, and every year thereafter until the year
62007, for any municipality that has not entered into a
7contract or has not issued bonds prior to June 1, 1988 to
8finance redevelopment project costs within a State Sales Tax
9Boundary, the Net State Sales Tax Increment shall be
10calculated as follows: By multiplying the Net State Sales Tax
11Increment by 90% in the State Fiscal Year 1999; 80% in the
12State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
13in the State Fiscal Year 2002; 50% in the State Fiscal Year
142003; 40% in the State Fiscal Year 2004; 30% in the State
15Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
16the State Fiscal Year 2007. No payment shall be made for State
17Fiscal Year 2008 and thereafter.
18    Municipalities that issued bonds in connection with a
19redevelopment project in a redevelopment project area within
20the State Sales Tax Boundary prior to July 29, 1991, or that
21entered into contracts in connection with a redevelopment
22project in a redevelopment project area before June 1, 1988,
23shall continue to receive their proportional share of the
24Illinois Tax Increment Fund distribution until the date on
25which the redevelopment project is completed or terminated.
26If, however, a municipality that issued bonds in connection

 

 

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1with a redevelopment project in a redevelopment project area
2within the State Sales Tax Boundary prior to July 29, 1991
3retires the bonds prior to June 30, 2007 or a municipality that
4entered into contracts in connection with a redevelopment
5project in a redevelopment project area before June 1, 1988
6completes the contracts prior to June 30, 2007, then so long as
7the redevelopment project is not completed or is not
8terminated, the Net State Sales Tax Increment shall be
9calculated, beginning on the date on which the bonds are
10retired or the contracts are completed, as follows: By
11multiplying the Net State Sales Tax Increment by 60% in the
12State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
13in the State Fiscal Year 2004; 30% in the State Fiscal Year
142005; 20% in the State Fiscal Year 2006; and 10% in the State
15Fiscal Year 2007. No payment shall be made for State Fiscal
16Year 2008 and thereafter. Refunding of any bonds issued prior
17to July 29, 1991, shall not alter the Net State Sales Tax
18Increment.
19    (j) "State Utility Tax Increment Amount" means an amount
20equal to the aggregate increase in State electric and gas tax
21charges imposed on owners and tenants, other than residential
22customers, of properties located within the redevelopment
23project area under Section 9-222 of the Public Utilities Act,
24over and above the aggregate of such charges as certified by
25the Department of Revenue and paid by owners and tenants,
26other than residential customers, of properties within the

 

 

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1redevelopment project area during the base year, which shall
2be the calendar year immediately prior to the year of the
3adoption of the ordinance authorizing tax increment allocation
4financing.
5    (k) "Net State Utility Tax Increment" means the sum of the
6following: (a) 80% of the first $100,000 of State Utility Tax
7Increment 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
10by a redevelopment project area; and (c) 40% of all amounts in
11excess of $500,000 of State Utility Tax Increment annually
12generated by a redevelopment project area. For the State
13Fiscal Year 1999, and every year thereafter until the year
142007, for any municipality that has not entered into a
15contract or has not issued bonds prior to June 1, 1988 to
16finance redevelopment project costs within a redevelopment
17project area, the Net State Utility Tax Increment shall be
18calculated as follows: By multiplying the Net State Utility
19Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
20State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
21in the State Fiscal Year 2002; 50% in the State Fiscal Year
222003; 40% in the State Fiscal Year 2004; 30% in the State
23Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
24the State Fiscal Year 2007. No payment shall be made for the
25State Fiscal Year 2008 and thereafter.
26    Municipalities that issue bonds in connection with the

 

 

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1redevelopment project during the period from June 1, 1988
2until 3 years after the effective date of this Amendatory Act
3of 1988 shall receive the Net State Utility Tax Increment,
4subject to appropriation, for 15 State Fiscal Years after the
5issuance of such bonds. For the 16th through the 20th State
6Fiscal Years after issuance of the bonds, the Net State
7Utility Tax Increment shall be calculated as follows: By
8multiplying the Net State Utility Tax Increment by 90% in year
916; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
10year 20. Refunding of any bonds issued prior to June 1, 1988,
11shall not alter the revised Net State Utility Tax Increment
12payments set forth above.
13    (l) "Obligations" mean bonds, loans, debentures, notes,
14special certificates or other evidence of indebtedness issued
15by the municipality to carry out a redevelopment project or to
16refund outstanding obligations.
17    (m) "Payment in lieu of taxes" means those estimated tax
18revenues from real property in a redevelopment project area
19derived from real property that has been acquired by a
20municipality which according to the redevelopment project or
21plan is to be used for a private use which taxing districts
22would have received had a municipality not acquired the real
23property and adopted tax increment allocation financing and
24which would result from levies made after the time of the
25adoption of tax increment allocation financing to the time the
26current equalized value of real property in the redevelopment

 

 

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1project area exceeds the total initial equalized value of real
2property in said area.
3    (n) "Redevelopment plan" means the comprehensive program
4of the municipality for development or redevelopment intended
5by the payment of redevelopment project costs to reduce or
6eliminate those conditions the existence of which qualified
7the redevelopment project area as a "blighted area" or
8"conservation area" or combination thereof or "industrial park
9conservation area," and thereby to enhance the tax bases of
10the taxing districts which extend into the redevelopment
11project area, provided that, with respect to redevelopment
12project areas described in subsections (p-1) and (p-2),
13"redevelopment plan" means the comprehensive program of the
14affected municipality for the development of qualifying
15transit facilities. On and after November 1, 1999 (the
16effective date of Public Act 91-478), no redevelopment plan
17may be approved or amended that includes the development of
18vacant land (i) with a golf course and related clubhouse and
19other facilities or (ii) designated by federal, State, county,
20or municipal government as public land for outdoor
21recreational activities or for nature preserves and used for
22that purpose within 5 years prior to the adoption of the
23redevelopment plan. For the purpose of this subsection,
24"recreational activities" is limited to mean camping and
25hunting. Each redevelopment plan shall set forth in writing
26the program to be undertaken to accomplish the objectives and

 

 

SB1797- 156 -LRB103 03433 AMQ 48439 b

1shall 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

 

 

SB1797- 157 -LRB103 03433 AMQ 48439 b

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)
11shall not apply to a municipality that before March 14, 1994
12(the effective date of Public Act 88-537) had fixed, either by
13its corporate authorities or by a commission designated under
14subsection (k) of Section 11-74.4-4, a time and place for a
15public hearing as required by subsection (a) of Section
1611-74.4-5. No redevelopment plan shall be adopted unless a
17municipality 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.

 

 

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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

 

 

SB1797- 159 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 160 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 161 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 162 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 163 -LRB103 03433 AMQ 48439 b

1    (o) "Redevelopment project" means any public and private
2development project in furtherance of the objectives of a
3redevelopment plan. On and after November 1, 1999 (the
4effective date of Public Act 91-478), no redevelopment plan
5may be approved or amended that includes the development of
6vacant land (i) with a golf course and related clubhouse and
7other facilities or (ii) designated by federal, State, county,
8or municipal government as public land for outdoor
9recreational activities or for nature preserves and used for
10that purpose within 5 years prior to the adoption of the
11redevelopment plan. For the purpose of this subsection,
12"recreational activities" is limited to mean camping and
13hunting.
14    (p) "Redevelopment project area" means an area designated
15by the municipality, which is not less in the aggregate than 1
161/2 acres and in respect to which the municipality has made a
17finding that there exist conditions which cause the area to be
18classified as an industrial park conservation area or a
19blighted area or a conservation area, or a combination of both
20blighted areas and conservation areas.
21    (p-1) Notwithstanding any provision of this Act to the
22contrary, on and after August 25, 2009 (the effective date of
23Public Act 96-680), a redevelopment project area may include
24areas within a one-half mile radius of an existing or proposed
25Regional Transportation Authority Suburban Transit Access
26Route (STAR Line) station without a finding that the area is

 

 

SB1797- 164 -LRB103 03433 AMQ 48439 b

1classified as an industrial park conservation area, a blighted
2area, a conservation area, or a combination thereof, but only
3if the municipality receives unanimous consent from the joint
4review board created to review the proposed redevelopment
5project area.
6    (p-2) Notwithstanding any provision of this Act to the
7contrary, on and after the effective date of this amendatory
8Act of the 99th General Assembly, a redevelopment project area
9may include areas within a transit facility improvement area
10that has been established pursuant to Section 11-74.4-3.3
11without a finding that the area is classified as an industrial
12park conservation area, a blighted area, a conservation area,
13or any combination thereof.
14    (q) "Redevelopment project costs", except for
15redevelopment project areas created pursuant to subsection
16(p-1) or (p-2), means and includes the sum total of all
17reasonable or necessary costs incurred or estimated to be
18incurred, and any such costs incidental to a redevelopment
19plan and a redevelopment project. Such costs include, without
20limitation, 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

SB1797- 176 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 177 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 178 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 179 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 180 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 181 -LRB103 03433 AMQ 48439 b

1    Municipal Code.
2    Unless explicitly stated herein the cost of construction
3of new privately-owned buildings shall not be an eligible
4redevelopment project cost.
5    After November 1, 1999 (the effective date of Public Act
691-478), none of the redevelopment project costs enumerated in
7this subsection shall be eligible redevelopment project costs
8if those costs would provide direct financial support to a
9retail entity initiating operations in the redevelopment
10project area while terminating operations at another Illinois
11location within 10 miles of the redevelopment project area but
12outside the boundaries of the redevelopment project area
13municipality. For purposes of this paragraph, termination
14means a closing of a retail operation that is directly related
15to the opening of the same operation or like retail entity
16owned or operated by more than 50% of the original ownership in
17a redevelopment project area, but it does not mean closing an
18operation for reasons beyond the control of the retail entity,
19as documented by the retail entity, subject to a reasonable
20finding by the municipality that the current location
21contained inadequate space, had become economically obsolete,
22or was no longer a viable location for the retailer or
23serviceman.
24    No cost shall be a redevelopment project cost in a
25redevelopment project area if used to demolish, remove, or
26substantially modify a historic resource, after August 26,

 

 

SB1797- 182 -LRB103 03433 AMQ 48439 b

12008 (the effective date of Public Act 95-934), unless no
2prudent and feasible alternative exists. "Historic resource"
3for the purpose of this paragraph means (i) a place or
4structure that is included or eligible for inclusion on the
5National Register of Historic Places or (ii) a contributing
6structure in a district on the National Register of Historic
7Places. This paragraph does not apply to a place or structure
8for which demolition, removal, or modification is subject to
9review by the preservation agency of a Certified Local
10Government designated as such by the National Park Service of
11the United States Department of the Interior.
12    If a special service area has been established pursuant to
13the Special Service Area Tax Act or Special Service Area Tax
14Law, then any tax increment revenues derived from the tax
15imposed pursuant to the Special Service Area Tax Act or
16Special Service Area Tax Law may be used within the
17redevelopment project area for the purposes permitted by that
18Act or Law as well as the purposes permitted by this Act.
19    (q-1) For redevelopment project areas created pursuant to
20subsection (p-1), redevelopment project costs are limited to
21those costs in paragraph (q) that are related to the existing
22or proposed Regional Transportation Authority Suburban Transit
23Access Route (STAR Line) station.
24    (q-2) For a transit facility improvement area established
25prior to, on, or after the effective date of this amendatory
26Act of the 102nd General Assembly: (i) "redevelopment project

 

 

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1costs" means those costs described in subsection (q) that are
2related to the construction, reconstruction, rehabilitation,
3remodeling, or repair of any existing or proposed transit
4facility, whether that facility is located within or outside
5the boundaries of a redevelopment project area established
6within that transit facility improvement area (and, to the
7extent a redevelopment project cost is described in subsection
8(q) as incurred or estimated to be incurred with respect to a
9redevelopment project area, then it shall apply with respect
10to such transit facility improvement area); and (ii) the
11provisions of Section 11-74.4-8 regarding tax increment
12allocation financing for a redevelopment project area located
13in a transit facility improvement area shall apply only to the
14lots, blocks, tracts and parcels of real property that are
15located within the boundaries of that redevelopment project
16area and not to the lots, blocks, tracts, and parcels of real
17property that are located outside the boundaries of that
18redevelopment project area.
19    (r) "State Sales Tax Boundary" means the redevelopment
20project area or the amended redevelopment project area
21boundaries which are determined pursuant to subsection (9) of
22Section 11-74.4-8a of this Act. The Department of Revenue
23shall certify pursuant to subsection (9) of Section 11-74.4-8a
24the appropriate boundaries eligible for the determination of
25State Sales Tax Increment.
26    (s) "State Sales Tax Increment" means an amount equal to

 

 

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1the increase in the aggregate amount of taxes paid by
2retailers and servicemen, other than retailers and servicemen
3subject to the Public Utilities Act, on transactions at places
4of business located within a State Sales Tax Boundary pursuant
5to the Retailers' Occupation Tax Act, the Use Tax Act, the
6Service Use Tax Act, and the Service Occupation Tax Act,
7except such portion of such increase that is paid into the
8State and Local Sales Tax Reform Fund, the Local Government
9Distributive Fund, the Local Government Tax Fund and the
10County and Mass Transit District Fund, for as long as State
11participation exists, over and above the Initial Sales Tax
12Amounts, Adjusted Initial Sales Tax Amounts or the Revised
13Initial Sales Tax Amounts for such taxes as certified by the
14Department of Revenue and paid under those Acts by retailers
15and servicemen on transactions at places of business located
16within the State Sales Tax Boundary during the base year which
17shall be the calendar year immediately prior to the year in
18which the municipality adopted tax increment allocation
19financing, less 3.0% of such amounts generated under the
20Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
21Act and the Service Occupation Tax Act, which sum shall be
22appropriated to the Department of Revenue to cover its costs
23of administering and enforcing this Section. For purposes of
24computing the aggregate amount of such taxes for base years
25occurring prior to 1985, the Department of Revenue shall
26compute the Initial Sales Tax Amount for such taxes and deduct

 

 

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1therefrom an amount equal to 4% of the aggregate amount of
2taxes per year for each year the base year is prior to 1985,
3but not to exceed a total deduction of 12%. The amount so
4determined shall be known as the "Adjusted Initial Sales Tax
5Amount". For purposes of determining the State Sales Tax
6Increment the Department of Revenue shall for each period
7subtract from the tax amounts received from retailers and
8servicemen on transactions located in the State Sales Tax
9Boundary, the certified Initial Sales Tax Amounts, Adjusted
10Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
11for the Retailers' Occupation Tax Act, the Use Tax Act, the
12Service Use Tax Act and the Service Occupation Tax Act. For the
13State Fiscal Year 1989 this calculation shall be made by
14utilizing the calendar year 1987 to determine the tax amounts
15received. For the State Fiscal Year 1990, this calculation
16shall be made by utilizing the period from January 1, 1988,
17until September 30, 1988, to determine the tax amounts
18received from retailers and servicemen, which shall have
19deducted therefrom nine-twelfths of the certified Initial
20Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
21Revised Initial Sales Tax Amounts as appropriate. For the
22State Fiscal Year 1991, this calculation shall be made by
23utilizing the period from October 1, 1988, until June 30,
241989, to determine the tax amounts received from retailers and
25servicemen, which shall have deducted therefrom nine-twelfths
26of the certified Initial State Sales Tax Amounts, Adjusted

 

 

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1Initial Sales Tax Amounts or the Revised Initial Sales Tax
2Amounts as appropriate. For every State Fiscal Year
3thereafter, the applicable period shall be the 12 months
4beginning July 1 and ending on June 30, to determine the tax
5amounts received which shall have deducted therefrom the
6certified Initial Sales Tax Amounts, Adjusted Initial Sales
7Tax Amounts or the Revised Initial Sales Tax Amounts.
8Municipalities intending to receive a distribution of State
9Sales Tax Increment must report a list of retailers to the
10Department of Revenue by October 31, 1988 and by July 31, of
11each year thereafter.
12    (t) "Taxing districts" means counties, townships, cities
13and incorporated towns and villages, school, road, park,
14sanitary, mosquito abatement, forest preserve, public health,
15fire protection, river conservancy, tuberculosis sanitarium
16and any other municipal corporations or districts with the
17power to levy taxes.
18    (u) "Taxing districts' capital costs" means those costs of
19taxing districts for capital improvements that are found by
20the municipal corporate authorities to be necessary and
21directly result from the redevelopment project.
22    (v) As used in subsection (a) of Section 11-74.4-3 of this
23Act, "vacant land" means any parcel or combination of parcels
24of real property without industrial, commercial, and
25residential buildings which has not been used for commercial
26agricultural purposes within 5 years prior to the designation

 

 

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1of the redevelopment project area, unless the parcel is
2included in an industrial park conservation area or the parcel
3has been subdivided; provided that if the parcel was part of a
4larger tract that has been divided into 3 or more smaller
5tracts that were accepted for recording during the period from
61950 to 1990, then the parcel shall be deemed to have been
7subdivided, and all proceedings and actions of the
8municipality taken in that connection with respect to any
9previously approved or designated redevelopment project area
10or amended redevelopment project area are hereby validated and
11hereby declared to be legally sufficient for all purposes of
12this Act. For purposes of this Section and only for land
13subject to the subdivision requirements of the Plat Act, land
14is subdivided when the original plat of the proposed
15Redevelopment Project Area or relevant portion thereof has
16been properly certified, acknowledged, approved, and recorded
17or filed in accordance with the Plat Act and a preliminary
18plat, if any, for any subsequent phases of the proposed
19Redevelopment Project Area or relevant portion thereof has
20been properly approved and filed in accordance with the
21applicable ordinance of the municipality.
22    (w) "Annual Total Increment" means the sum of each
23municipality's annual Net Sales Tax Increment and each
24municipality's annual Net Utility Tax Increment. The ratio of
25the Annual Total Increment of each municipality to the Annual
26Total Increment for all municipalities, as most recently

 

 

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1calculated by the Department, shall determine the proportional
2shares of the Illinois Tax Increment Fund to be distributed to
3each municipality.
4    (x) "LEED certified" means any certification level of
5construction elements by a qualified Leadership in Energy and
6Environmental Design Accredited Professional as determined by
7the U.S. Green Building Council.
8    (y) "Green Globes certified" means any certification level
9of construction elements by a qualified Green Globes
10Professional 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
14advertising.
15    (a) The corporate authorities of each municipality may
16license street advertising by means of billboards, sign
17boards, and signs and may regulate the character and control
18the location of billboards, sign boards, and signs upon vacant
19property and upon buildings.
20    (b) The corporate authorities of each municipality may
21further regulate the character and control the location of
22adult entertainment advertising placed on billboards, sign
23boards, and signs upon vacant property and upon buildings that
24are within 1,000 feet of the property boundaries of schools,
25child day care centers, cemeteries, public parks, and places

 

 

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1of religious worship.
2    For the purposes of this subsection, "adult entertainment"
3means entertainment provided by an adult bookstore, striptease
4club, or pornographic movie theater whose business is the
5commercial sale, dissemination, or distribution of sexually
6explicit 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
9amended by changing Section 10-8 as follows:
 
10    (65 ILCS 115/10-8)
11    Sec. 10-8. Zone Administration. The administration of a
12River Edge Redevelopment Zone shall be under the jurisdiction
13of the designating municipality. Each designating municipality
14shall, by ordinance, designate a Zone Administrator for the
15certified zones within its jurisdiction. A Zone Administrator
16must be an officer or employee of the municipality. The Zone
17Administrator shall be the liaison between the designating
18municipality, the Department, and any designated zone
19organizations within zones under his or her jurisdiction.
20    A designating municipality may designate one or more
21organizations to be a designated zone organization, as defined
22under Section 10-3. The municipality, may, by ordinance,
23delegate functions within a River Edge Redevelopment Zone to
24one or more designated zone organizations in such zones.

 

 

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1    Subject to the necessary governmental authorizations,
2designated zone organizations may, in coordination with the
3municipality, provide or contract for provision of public
4services 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
24Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:
 

 

 

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1    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
2    Sec. 2-3.66. Truants' alternative and optional education
3programs. To establish projects to offer modified
4instructional programs or other services designed to prevent
5students from dropping out of school, including programs
6pursuant to Section 2-3.41, and to serve as a part time or full
7time option in lieu of regular school attendance and to award
8grants to local school districts, educational service regions
9or community college districts from appropriated funds to
10assist districts in establishing such projects. The education
11agency may operate its own program or enter into a contract
12with another not-for-profit entity to implement the program.
13The projects shall allow dropouts, up to and including age 21,
14potential dropouts, including truants, uninvolved, unmotivated
15and disaffected students, as defined by State Board of
16Education rules and regulations, to enroll, as an alternative
17to regular school attendance, in an optional education program
18which may be established by school board policy and is in
19conformance with rules adopted by the State Board of
20Education. Truants' Alternative and Optional Education
21programs funded pursuant to this Section shall be planned by a
22student, the student's parents or legal guardians, unless the
23student is 18 years or older, and school officials and shall
24culminate in an individualized optional education plan. Such
25plan shall focus on academic or vocational skills, or both,
26and may include, but not be limited to, evening school, summer

 

 

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1school, community college courses, adult education,
2preparation courses for high school equivalency testing,
3vocational training, work experience, programs to enhance self
4concept and parenting courses. School districts which are
5awarded grants pursuant to this Section shall be authorized to
6provide child day care services to children of students who
7are eligible and desire to enroll in programs established and
8funded under this Section, but only if and to the extent that
9such child day care is necessary to enable those eligible
10students to attend and participate in the programs and courses
11which are conducted pursuant to this Section. School districts
12and regional offices of education may claim general State aid
13under Section 18-8.05 or evidence-based funding under Section
1418-8.15 for students enrolled in truants' alternative and
15optional education programs, provided that such students are
16receiving services that are supplemental to a program leading
17to a high school diploma and are otherwise eligible to be
18claimed for general State aid under Section 18-8.05 or
19evidence-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
23develop and maintain before school and after school programs
24for students in kindergarten through the 6th grade. Such
25programs may include time for homework, physical exercise,

 

 

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1afternoon nutritional snacks and educational offerings which
2are in addition to those offered during the regular school
3day. The chief administrator in each district shall be a
4certified teacher or a person who meets the requirements for
5supervising a child day care center under the Child Care Act of
61969. Individual programs shall be coordinated by certified
7teachers or by persons who meet the requirements for
8supervising a child day care center under the Child Care Act of
91969. Additional employees who are not so qualified may also
10be employed for such programs.
11    The schedule of these programs may follow the work
12calendar of the local community rather than the regular school
13calendar. Parents or guardians of the participating students
14shall be responsible for providing transportation for the
15students to and from the programs. The school board may charge
16parents of participating students a fee, not to exceed the
17actual 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.
21Local school districts may establish, in cooperation with the
22State Board of Education, a model program for the provision of
23child day care services in a school. The program shall be
24administered by the local school district and shall be funded
25from monies available from private and public sources. Student

 

 

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1parents shall not be charged a fee for the child day care
2services; school personnel also may utilize the services, but
3shall be charged a fee. The program shall be supervised by a
4trained child care professional who is qualified to teach
5students parenting skills. As part of the program, the school
6shall offer a course in child behavior in which students shall
7receive course credits for helping to care for the children in
8the program while learning parenting skills. The State Board
9of Education shall evaluate the programs' effectiveness in
10reducing school absenteeism and dropouts among teenage parents
11and shall report to the General Assembly concerning its
12findings 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
16of Education may develop and maintain before school and after
17school programs for students in kindergarten through the 6th
18grade. Such programs may include time for homework, physical
19exercise, afternoon nutritional snacks and educational
20offerings which are in addition to those offered during the
21regular school day. The chief administrator in each district
22shall be a certified teacher or a person who meets the
23requirements for supervising a child day care center under the
24Child Care Act of 1969. Individual programs shall be
25coordinated by certified teachers or by persons who meet the

 

 

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1requirements for supervising a child day care center under the
2Child Care Act of 1969. Additional employees who are not so
3qualified may also be employed for such programs.
4    The schedule of these programs may follow the work
5calendar of the local community rather than the regular school
6calendar. Parents or guardians of the participating students
7shall be responsible for providing transportation for the
8students to and from the programs. The school board may charge
9parents of participating students a fee, not to exceed the
10actual cost of such before and after school programs.
11(Source: P.A. 83-639.)
 
12    Section 100. The Illinois School Student Records Act is
13amended 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
18enrolled in a school.
19    (b) "School" means any public preschool, child day care
20center, kindergarten, nursery, elementary or secondary
21educational institution, vocational school, special
22educational facility or any other elementary or secondary
23educational agency or institution and any person, agency or
24institution which maintains school student records from more

 

 

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1than one school, but does not include a private or non-public
2school.
3    (c) "State Board" means the State Board of Education.
4    (d) "School Student Record" means any writing or other
5recorded information concerning a student and by which a
6student may be individually identified, maintained by a school
7or at its direction or by an employee of a school, regardless
8of how or where the information is stored. The following shall
9not be deemed school student records under this Act: writings
10or other recorded information maintained by an employee of a
11school or other person at the direction of a school for his or
12her exclusive use; provided that all such writings and other
13recorded information are destroyed not later than the
14student's graduation or permanent withdrawal from the school;
15and provided further that no such records or recorded
16information may be released or disclosed to any person except
17a person designated by the school as a substitute unless they
18are first incorporated in a school student record and made
19subject to all of the provisions of this Act. School student
20records shall not include information maintained by law
21enforcement professionals working in the school.
22    (e) "Student Permanent Record" means the minimum personal
23information necessary to a school in the education of the
24student and contained in a school student record. Such
25information may include the student's name, birth date,
26address, grades and grade level, parents' names and addresses,

 

 

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1attendance records, and such other entries as the State Board
2may require or authorize.
3    (f) "Student Temporary Record" means all information
4contained in a school student record but not contained in the
5student permanent record. Such information may include family
6background information, intelligence test scores, aptitude
7test scores, psychological and personality test results,
8teacher evaluations, and other information of clear relevance
9to the education of the student, all subject to regulations of
10the State Board. The information shall include information
11provided under Section 8.6 of the Abused and Neglected Child
12Reporting Act and information contained in service logs
13maintained by a local education agency under subsection (d) of
14Section 14-8.02f of the School Code. In addition, the student
15temporary record shall include information regarding serious
16disciplinary infractions that resulted in expulsion,
17suspension, or the imposition of punishment or sanction. For
18purposes of this provision, serious disciplinary infractions
19means: infractions involving drugs, weapons, or bodily harm to
20another.
21    (g) "Parent" means a person who is the natural parent of
22the student or other person who has the primary responsibility
23for the care and upbringing of the student. All rights and
24privileges accorded to a parent under this Act shall become
25exclusively those of the student upon his 18th birthday,
26graduation from secondary school, marriage or entry into

 

 

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1military service, whichever occurs first. Such rights and
2privileges may also be exercised by the student at any time
3with respect to the student's permanent school record.
4    (h) "Department" means the Department of Children and
5Family Services.
6(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
7102-558, 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
11enrolled in a school.
12    (b) "School" means any public preschool, child day care
13center, kindergarten, nursery, elementary or secondary
14educational institution, vocational school, special
15educational facility or any other elementary or secondary
16educational agency or institution and any person, agency or
17institution which maintains school student records from more
18than one school, but does not include a private or non-public
19school.
20    (c) "State Board" means the State Board of Education.
21    (d) "School Student Record" means any writing or other
22recorded information concerning a student and by which a
23student may be individually identified, maintained by a school
24or at its direction or by an employee of a school, regardless
25of how or where the information is stored. The following shall

 

 

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1not be deemed school student records under this Act: writings
2or other recorded information maintained by an employee of a
3school or other person at the direction of a school for his or
4her exclusive use; provided that all such writings and other
5recorded information are destroyed not later than the
6student's graduation or permanent withdrawal from the school;
7and provided further that no such records or recorded
8information may be released or disclosed to any person except
9a person designated by the school as a substitute unless they
10are first incorporated in a school student record and made
11subject to all of the provisions of this Act. School student
12records shall not include information maintained by law
13enforcement professionals working in the school.
14    (e) "Student Permanent Record" means the minimum personal
15information necessary to a school in the education of the
16student and contained in a school student record. Such
17information may include the student's name, birth date,
18address, grades and grade level, parents' names and addresses,
19attendance records, and such other entries as the State Board
20may require or authorize.
21    (f) "Student Temporary Record" means all information
22contained in a school student record but not contained in the
23student permanent record. Such information may include family
24background information, intelligence test scores, aptitude
25test scores, psychological and personality test results,
26teacher evaluations, and other information of clear relevance

 

 

SB1797- 200 -LRB103 03433 AMQ 48439 b

1to the education of the student, all subject to regulations of
2the State Board. The information shall include all of the
3following:
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
26the student or other person who has the primary responsibility

 

 

SB1797- 201 -LRB103 03433 AMQ 48439 b

1for the care and upbringing of the student. All rights and
2privileges accorded to a parent under this Act shall become
3exclusively those of the student upon his 18th birthday,
4graduation from secondary school, marriage or entry into
5military service, whichever occurs first. Such rights and
6privileges may also be exercised by the student at any time
7with respect to the student's permanent school record.
8    (h) "Department" means the Department of Children and
9Family Services.
10(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
11102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
125-13-22.)
 
13    Section 105. The University of Illinois Act is amended by
14changing 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
18services" means child day care home or center services as
19defined by the Child Care Act of 1969.
20    (b) The Board may contract for the provision of child care
21services for its employees. The Board may, in accordance with
22established rules, allow child day care centers to operate in
23State-owned or leased facilities. Such child day care centers
24shall be primarily for use by State employees of the

 

 

SB1797- 202 -LRB103 03433 AMQ 48439 b

1university but use by non-employees may be allowed.
2    Where the Board enters into a contract to construct,
3acquire or lease all or a substantial portion of a building, in
4which more than 50 persons shall be employed, other than a
5renewal of an existing lease, after July 1, 1992, and where a
6need has been demonstrated, according to subsection (c),
7on-site child care services shall be provided for employees of
8the university.
9    The Board shall implement this Section and shall
10promulgate all rules and regulations necessary for this
11purpose. By April 1, 1993, the Board shall propose rules
12setting forth the standards and criteria, including need and
13feasibility, for determining if on-site child care services
14shall be provided. The Board shall consult with the Department
15of Children and Family Services in defining standards for
16child care service centers established pursuant to this
17Section to ensure compliance with the Child Care Act of 1969.
18The Board shall establish a schedule of fees that shall be
19charged for child care services under this Section. The
20schedule shall be established so that charges for service are
21based on the actual cost of care. Except as otherwise provided
22by law for employees who may qualify for public assistance or
23social services due to indigency or family circumstance, each
24employee obtaining child care services under this Section
25shall be responsible for full payment of all charges. The
26Board shall report, on or before December 31, 1993, to the

 

 

SB1797- 203 -LRB103 03433 AMQ 48439 b

1Governor and the members of the General Assembly, on the
2feasibility and implementation of a plan for the provision of
3comprehensive child care services.
4    (c) Prior to contracting for child care services, the
5Board shall determine a need for child care services. Proof of
6need may include a survey of university employees as well as a
7determination of the availability of child care services
8through other State agencies, or in the community. The Board
9may also require submission of a feasibility, design and
10implementation plan, that takes into consideration similar
11needs and services of other State universities.
12    The Board shall have the sole responsibility for choosing
13the successful bidder and overseeing the operation of its
14child care service program within the guidelines established
15by the Board. The Board shall promulgate rules under the
16Illinois Administrative Procedure Act that detail the specific
17standards to be used in the selection of a vendor of child care
18services.
19    The contract shall provide for the establishment of or
20arrangement for the use of a licensed child day care center or
21a licensed child day care agency, as defined in the Child Care
22Act of 1969.
23(Source: P.A. 87-1019; 88-45.)
 
24    Section 110. The Southern Illinois University Management
25Act is amended by changing Section 8b.1 as follows:
 

 

 

SB1797- 204 -LRB103 03433 AMQ 48439 b

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
4services" means child day care home or center services as
5defined by the Child Care Act of 1969.
6    (b) The Board may contract for the provision of child care
7services for its employees. The Board may, in accordance with
8established rules, allow child day care centers to operate in
9State-owned or leased facilities. Such child day care centers
10shall be primarily for use by State employees of the
11university but use by non-employees may be allowed.
12    Where the Board enters into a contract to construct,
13acquire or lease all or a substantial portion of a building, in
14which more than 50 persons shall be employed, other than a
15renewal of an existing lease, after July 1, 1992, and where a
16need has been demonstrated, according to subsection (c),
17on-site child care services shall be provided for employees of
18the university.
19    The Board shall implement this Section and shall
20promulgate all rules and regulations necessary for this
21purpose. By April 1, 1993, the Board shall propose rules
22setting forth the standards and criteria, including need and
23feasibility, for determining if on-site child care services
24shall be provided. The Board shall consult with the Department
25of Children and Family Services in defining standards for

 

 

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1child care service centers established pursuant to this
2Section to ensure compliance with the Child Care Act of 1969.
3The Board shall establish a schedule of fees that shall be
4charged for child care services under this Section. The
5schedule shall be established so that charges for service are
6based on the actual cost of care. Except as otherwise provided
7by law for employees who may qualify for public assistance or
8social services due to indigency or family circumstance, each
9employee obtaining child care services under this Section
10shall be responsible for full payment of all charges. The
11Board shall report, on or before December 31, 1993, to the
12Governor and the members of the General Assembly, on the
13feasibility and implementation of a plan for the provision of
14comprehensive child care services.
15    (c) Prior to contracting for child care services, the
16Board shall determine a need for child care services. Proof of
17need may include a survey of university employees as well as a
18determination of the availability of child care services
19through other State agencies, or in the community. The Board
20may also require submission of a feasibility, design and
21implementation plan, that takes into consideration similar
22needs and services of other State universities.
23    The Board shall have the sole responsibility for choosing
24the successful bidder and overseeing the operation of its
25child care service program within the guidelines established
26by the Board. The Board shall promulgate rules under the

 

 

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1Illinois Administrative Procedure Act that detail the specific
2standards to be used in the selection of a vendor of child care
3services.
4    The contract shall provide for the establishment of or
5arrangement for the use of a licensed child day care center or
6a licensed child day care agency, as defined in the Child Care
7Act of 1969.
8(Source: P.A. 87-1019; 88-45.)
 
9    Section 115. The Chicago State University Law is amended
10by 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
14services" means child day care home or center services as
15defined by the Child Care Act of 1969.
16    (b) The Board may contract for the provision of child care
17services for its employees. The Board may, in accordance with
18established rules, allow child day care centers to operate in
19State-owned or leased facilities. Such child day care centers
20shall be primarily for use by State employees of Chicago State
21University but use by non-employees may be allowed.
22    Where the Board enters into a contract to construct,
23acquire or lease all or a substantial portion of a building, in
24which more than 50 persons shall be employed, other than a

 

 

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1renewal of an existing lease, and where a need has been
2demonstrated, according to subsection (c), on-site child care
3services shall be provided for employees of Chicago State
4University.
5    The Board shall implement this Section and shall
6promulgate all rules and regulations necessary for this
7purpose. By September 1, 1996, the Board shall propose rules
8setting forth the standards and criteria, including need and
9feasibility, for determining if September child care services
10shall be provided. The Board shall consult with the Department
11of Children and Family Services in defining standards for
12child care service centers established pursuant to this
13Section to ensure compliance with the Child Care Act of 1969.
14The Board shall establish a schedule of fees that shall be
15charged for child care services under this Section. The
16schedule shall be established so that charges for service are
17based on the actual cost of care. Except as otherwise provided
18by law for employees who may qualify for public assistance or
19social services due to indigency or family circumstance, each
20employee obtaining child care services under this Section
21shall be responsible for full payment of all charges. The
22Board shall report, on or before December 31, 1996, to the
23Governor and the members of the General Assembly, on the
24feasibility and implementation of a plan for the provision of
25comprehensive child care services.
26    (c) Prior to contracting for child care services, the

 

 

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1Board shall determine a need for child care services. Proof of
2need may include a survey of University employees as well as a
3determination of the availability of child care services
4through other State agencies, or in the community. The Board
5may also require submission of a feasibility, design and
6implementation plan that takes into consideration similar
7needs and services of other State universities.
8    The Board shall have the sole responsibility for choosing
9the successful bidder and overseeing the operation of its
10child care service program within the guidelines established
11by the Board. The Board shall promulgate rules under the
12Illinois Administrative Procedure Act that detail the specific
13standards to be used in the selection of a vendor of child care
14services.
15    The contract shall provide for the establishment of or
16arrangement for the use of a licensed child day care center or
17a licensed child day care agency, as defined in the Child Care
18Act of 1969.
19(Source: P.A. 89-4, eff. 1-1-96.)
 
20    Section 120. The Eastern Illinois University Law is
21amended 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

 

 

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1services" means child day care home or center services as
2defined by the Child Care Act of 1969.
3    (b) The Board may contract for the provision of child care
4services for its employees. The Board may, in accordance with
5established rules, allow child day care centers to operate in
6State-owned or leased facilities. Such child day care centers
7shall be primarily for use by State employees of Eastern
8Illinois University but use by non-employees may be allowed.
9    Where the Board enters into a contract to construct,
10acquire or lease all or a substantial portion of a building, in
11which more than 50 persons shall be employed, other than a
12renewal of an existing lease, and where a need has been
13demonstrated, according to subsection (c), on-site child care
14services shall be provided for employees of Eastern Illinois
15University.
16    The Board shall implement this Section and shall
17promulgate all rules and regulations necessary for this
18purpose. By September 1, 1996 the Board shall propose rules
19setting forth the standards and criteria, including need and
20feasibility, for determining if September child care services
21shall be provided. The Board shall consult with the Department
22of Children and Family Services in defining standards for
23child care service centers established pursuant to this
24Section to ensure compliance with the Child Care Act of 1969.
25The Board shall establish a schedule of fees that shall be
26charged for child care services under this Section. The

 

 

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1schedule shall be established so that charges for service are
2based on the actual cost of care. Except as otherwise provided
3by law for employees who may qualify for public assistance or
4social services due to indigency or family circumstance, each
5employee obtaining child care services under this Section
6shall be responsible for full payment of all charges. The
7Board shall report, on or before December 31, 1996, to the
8Governor and the members of the General Assembly, on the
9feasibility and implementation of a plan for the provision of
10comprehensive child care services.
11    (c) Prior to contracting for child care services, the
12Board shall determine a need for child care services. Proof of
13need may include a survey of University employees as well as a
14determination of the availability of child care services
15through other State agencies, or in the community. The Board
16may also require submission of a feasibility, design and
17implementation plan that takes into consideration similar
18needs and services of other State universities.
19    The Board shall have the sole responsibility for choosing
20the successful bidder and overseeing the operation of its
21child care service program within the guidelines established
22by the Board. The Board shall promulgate rules under the
23Illinois Administrative Procedure Act that detail the specific
24standards to be used in the selection of a vendor of child care
25services.
26    The contract shall provide for the establishment of or

 

 

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1arrangement for the use of a licensed child day care center or
2a licensed child day care agency, as defined in the Child Care
3Act of 1969.
4(Source: P.A. 89-4, eff. 1-1-96.)
 
5    Section 125. The Governors State University Law is amended
6by 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
10services" means child day care home or center services as
11defined by the Child Care Act of 1969.
12    (b) The Board may contract for the provision of child care
13services for its employees. The Board may, in accordance with
14established rules, allow child day care centers to operate in
15State-owned or leased facilities. Such child day care centers
16shall be primarily for use by State employees of Governors
17State University but use by non-employees may be allowed.
18    Where the Board enters into a contract to construct,
19acquire or lease all or a substantial portion of a building, in
20which more than 50 persons shall be employed, other than a
21renewal of an existing lease, and where a need has been
22demonstrated, according to subsection (c), on-site child care
23services shall be provided for employees of Governors State
24University.

 

 

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1    The Board shall implement this Section and shall
2promulgate all rules and regulations necessary for this
3purpose. By September 1, 1996, the Board shall propose rules
4setting forth the standards and criteria, including need and
5feasibility, for determining if September child care services
6shall be provided. The Board shall consult with the Department
7of Children and Family Services in defining standards for
8child care service centers established pursuant to this
9Section to ensure compliance with the Child Care Act of 1969.
10The Board shall establish a schedule of fees that shall be
11charged for child care services under this Section. The
12schedule shall be established so that charges for service are
13based on the actual cost of care. Except as otherwise provided
14by law for employees who may qualify for public assistance or
15social services due to indigency or family circumstance, each
16employee obtaining child care services under this Section
17shall be responsible for full payment of all charges. The
18Board shall report, on or before December 31, 1996, to the
19Governor and the members of the General Assembly, on the
20feasibility and implementation of a plan for the provision of
21comprehensive child care services.
22    (c) Prior to contracting for child care services, the
23Board shall determine a need for child care services. Proof of
24need may include a survey of University employees as well as a
25determination of the availability of child care services
26through other State agencies, or in the community. The Board

 

 

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1may also require submission of a feasibility, design and
2implementation plan that takes into consideration similar
3needs and services of other State universities.
4    The Board shall have the sole responsibility for choosing
5the successful bidder and overseeing the operation of its
6child care service program within the guidelines established
7by the Board. The Board shall promulgate rules under the
8Illinois Administrative Procedure Act that detail the specific
9standards to be used in the selection of a vendor of child care
10services.
11    The contract shall provide for the establishment of or
12arrangement for the use of a licensed child day care center or
13a licensed child day care agency, as defined in the Child Care
14Act of 1969.
15(Source: P.A. 89-4, eff. 1-1-96.)
 
16    Section 130. The Illinois State University Law is amended
17by 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
21services" means child day care home or center services as
22defined by the Child Care Act of 1969.
23    (b) The Board may contract for the provision of child care
24services for its employees. The Board may, in accordance with

 

 

SB1797- 214 -LRB103 03433 AMQ 48439 b

1established rules, allow child day care centers to operate in
2State-owned or leased facilities. Such child day care centers
3shall be primarily for use by State employees of Illinois
4State University but use by non-employees may be allowed.
5    Where the Board enters into a contract to construct,
6acquire or lease all or a substantial portion of a building, in
7which more than 50 persons shall be employed, other than a
8renewal of an existing lease, and where a need has been
9demonstrated, according to subsection (c), on-site child care
10services shall be provided for employees of Illinois State
11University.
12    The Board shall implement this Section and shall
13promulgate all rules and regulations necessary for this
14purpose. By September 1, 1996, the Board shall propose rules
15setting forth the standards and criteria, including need and
16feasibility, for determining if September child care services
17shall be provided. The Board shall consult with the Department
18of Children and Family Services in defining standards for
19child care service centers established pursuant to this
20Section to ensure compliance with the Child Care Act of 1969.
21The Board shall establish a schedule of fees that shall be
22charged for child care services under this Section. The
23schedule shall be established so that charges for service are
24based on the actual cost of care. Except as otherwise provided
25by law for employees who may qualify for public assistance or
26social services due to indigency or family circumstance, each

 

 

SB1797- 215 -LRB103 03433 AMQ 48439 b

1employee obtaining child care services under this Section
2shall be responsible for full payment of all charges. The
3Board shall report, on or before December 31, 1996, to the
4Governor and the members of the General Assembly, on the
5feasibility and implementation of a plan for the provision of
6comprehensive child care services.
7    (c) Prior to contracting for child care services, the
8Board shall determine a need for child care services. Proof of
9need may include a survey of University employees as well as a
10determination of the availability of child care services
11through other State agencies, or in the community. The Board
12may also require submission of a feasibility, design and
13implementation plan that takes into consideration similar
14needs and services of other State universities.
15    The Board shall have the sole responsibility for choosing
16the successful bidder and overseeing the operation of its
17child care service program within the guidelines established
18by the Board. The Board shall promulgate rules under the
19Illinois Administrative Procedure Act that detail the specific
20standards to be used in the selection of a vendor of child care
21services.
22    The contract shall provide for the establishment of or
23arrangement for the use of a licensed child day care center or
24a licensed child day care agency, as defined in the Child Care
25Act of 1969.
26(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

SB1797- 216 -LRB103 03433 AMQ 48439 b

1    Section 135. The Northeastern Illinois University Law is
2amended 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
6services" means child day care home or center services as
7defined by the Child Care Act of 1969.
8    (b) The Board may contract for the provision of child care
9services for its employees. The Board may, in accordance with
10established rules, allow child day care centers to operate in
11State-owned or leased facilities. Such child day care centers
12shall be primarily for use by State employees of Northeastern
13Illinois University but use by non-employees may be allowed.
14    Where the Board enters into a contract to construct,
15acquire or lease all or a substantial portion of a building, in
16which more than 50 persons shall be employed, other than a
17renewal of an existing lease, and where a need has been
18demonstrated, according to subsection (c), on-site child care
19services shall be provided for employees of Northeastern
20Illinois University.
21    The Board shall implement this Section and shall
22promulgate all rules and regulations necessary for this
23purpose. By September 1, 1996, the Board shall propose rules
24setting forth the standards and criteria, including need and

 

 

SB1797- 217 -LRB103 03433 AMQ 48439 b

1feasibility, for determining if September child care services
2shall be provided. The Board shall consult with the Department
3of Children and Family Services in defining standards for
4child care service centers established pursuant to this
5Section to ensure compliance with the Child Care Act of 1969.
6The Board shall establish a schedule of fees that shall be
7charged for child care services under this Section. The
8schedule shall be established so that charges for service are
9based on the actual cost of care. Except as otherwise provided
10by law for employees who may qualify for public assistance or
11social services due to indigency or family circumstance, each
12employee obtaining child care services under this Section
13shall be responsible for full payment of all charges. The
14Board shall report, on or before December 31, 1996, to the
15Governor and the members of the General Assembly, on the
16feasibility and implementation of a plan for the provision of
17comprehensive child care services.
18    (c) Prior to contracting for child care services, the
19Board shall determine a need for child care services. Proof of
20need may include a survey of University employees as well as a
21determination of the availability of child care services
22through other State agencies, or in the community. The Board
23may also require submission of a feasibility, design and
24implementation plan that takes into consideration similar
25needs and services of other State universities.
26    The Board shall have the sole responsibility for choosing

 

 

SB1797- 218 -LRB103 03433 AMQ 48439 b

1the successful bidder and overseeing the operation of its
2child care service program within the guidelines established
3by the Board. The Board shall promulgate rules under the
4Illinois Administrative Procedure Act that detail the specific
5standards to be used in the selection of a vendor of child care
6services.
7    The contract shall provide for the establishment of or
8arrangement for the use of a licensed child day care center or
9a licensed child day care agency, as defined in the Child Care
10Act of 1969.
11(Source: P.A. 89-4, eff. 1-1-96.)
 
12    Section 140. The Northern Illinois University Law is
13amended 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
17services" means child day care home or center services as
18defined by the Child Care Act of 1969.
19    (b) The Board may contract for the provision of child care
20services for its employees. The Board may, in accordance with
21established rules, allow child day care centers to operate in
22State-owned or leased facilities. Such child day care centers
23shall be primarily for use by State employees of Northern
24Illinois University but use by non-employees may be allowed.

 

 

SB1797- 219 -LRB103 03433 AMQ 48439 b

1    Where the Board enters into a contract to construct,
2acquire or lease all or a substantial portion of a building, in
3which more than 50 persons shall be employed, other than a
4renewal of an existing lease, and where a need has been
5demonstrated, according to subsection (c), on-site child care
6services shall be provided for employees of Northern Illinois
7University.
8    The Board shall implement this Section and shall
9promulgate all rules and regulations necessary for this
10purpose. By September 1, 1996, the Board shall propose rules
11setting forth the standards and criteria, including need and
12feasibility, for determining if September child care services
13shall be provided. The Board shall consult with the Department
14of Children and Family Services in defining standards for
15child care service centers established pursuant to this
16Section to ensure compliance with the Child Care Act of 1969.
17The Board shall establish a schedule of fees that shall be
18charged for child care services under this Section. The
19schedule shall be established so that charges for service are
20based on the actual cost of care. Except as otherwise provided
21by law for employees who may qualify for public assistance or
22social services due to indigency or family circumstance, each
23employee obtaining child care services under this Section
24shall be responsible for full payment of all charges. The
25Board shall report, on or before December 31, 1996, to the
26Governor and the members of the General Assembly, on the

 

 

SB1797- 220 -LRB103 03433 AMQ 48439 b

1feasibility and implementation of a plan for the provision of
2comprehensive child care services.
3    (c) Prior to contracting for child care services, the
4Board shall determine a need for child care services. Proof of
5need may include a survey of University employees as well as a
6determination of the availability of child care services
7through other State agencies, or in the community. The Board
8may also require submission of a feasibility, design and
9implementation plan that takes into consideration similar
10needs and services of other State universities.
11    The Board shall have the sole responsibility for choosing
12the successful bidder and overseeing the operation of its
13child care service program within the guidelines established
14by the Board. The Board shall promulgate rules under the
15Illinois Administrative Procedure Act that detail the specific
16standards to be used in the selection of a vendor of child care
17services.
18    The contract shall provide for the establishment of or
19arrangement for the use of a licensed child day care center or
20a licensed child day care agency, as defined in the Child Care
21Act of 1969.
22(Source: P.A. 89-4, eff. 1-1-96.)
 
23    Section 145. The Western Illinois University Law is
24amended by changing Section 35-95 as follows:
 

 

 

SB1797- 221 -LRB103 03433 AMQ 48439 b

1    (110 ILCS 690/35-95)
2    Sec. 35-95. Child care services.
3    (a) For the purposes of this Section, "child care
4services" means child day care home or center services as
5defined by the Child Care Act of 1969.
6    (b) The Board may contract for the provision of child care
7services for its employees. The Board may, in accordance with
8established rules, allow child day care centers to operate in
9State-owned or leased facilities. Such child day care centers
10shall be primarily for use by State employees of Western
11Illinois University but use by non-employees may be allowed.
12    Where the Board enters into a contract to construct,
13acquire or lease all or a substantial portion of a building, in
14which more than 50 persons shall be employed, other than a
15renewal of an existing lease, and where a need has been
16demonstrated, according to subsection (c), on-site child care
17services shall be provided for employees of Western Illinois
18University.
19    The Board shall implement this Section and shall
20promulgate all rules and regulations necessary for this
21purpose. By September 1, 1996, the Board shall propose rules
22setting forth the standards and criteria, including need and
23feasibility, for determining if September child care services
24shall be provided. The Board shall consult with the Department
25of Children and Family Services in defining standards for
26child care service centers established pursuant to this

 

 

SB1797- 222 -LRB103 03433 AMQ 48439 b

1Section to ensure compliance with the Child Care Act of 1969.
2The Board shall establish a schedule of fees that shall be
3charged for child care services under this Section. The
4schedule shall be established so that charges for service are
5based on the actual cost of care. Except as otherwise provided
6by law for employees who may qualify for public assistance or
7social services due to indigency or family circumstance, each
8employee obtaining child care services under this Section
9shall be responsible for full payment of all charges. The
10Board shall report, on or before December 31, 1996, to the
11Governor and the members of the General Assembly, on the
12feasibility and implementation of a plan for the provision of
13comprehensive child care services.
14    (c) Prior to contracting for child care services, the
15Board shall determine a need for child care services. Proof of
16need may include a survey of University employees as well as a
17determination of the availability of child care services
18through other State agencies, or in the community. The Board
19may also require submission of a feasibility, design and
20implementation plan that takes into consideration similar
21needs and services of other State universities.
22    The Board shall have the sole responsibility for choosing
23the successful bidder and overseeing the operation of its
24child care service program within the guidelines established
25by the Board. The Board shall promulgate rules under the
26Illinois Administrative Procedure Act that detail the specific

 

 

SB1797- 223 -LRB103 03433 AMQ 48439 b

1standards to be used in the selection of a vendor of child care
2services.
3    The contract shall provide for the establishment of or
4arrangement for the use of a licensed child day care center or
5a licensed child day care agency, as defined in the Child Care
6Act of 1969.
7(Source: P.A. 89-4, eff. 1-1-96.)
 
8    Section 150. The Alternative Health Care Delivery Act is
9amended by changing Section 35 as follows:
 
10    (210 ILCS 3/35)
11    Sec. 35. Alternative health care models authorized.
12Notwithstanding any other law to the contrary, alternative
13health care models described in this Section may be
14established 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

 

 

SB1797- 224 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 225 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 226 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.
7100-558 for the effective date of changes made by P.A.
8100-518).)
 
9    Section 155. The MC/DD Act is amended by changing Section
101-114.001 as follows:
 
11    (210 ILCS 46/1-114.001)
12    Sec. 1-114.001. Habilitation. "Habilitation" means an
13effort directed toward increasing a person's level of
14physical, mental, social, or economic functioning.
15Habilitation may include, but is not limited to, diagnosis,
16evaluation, medical services, residential care, child day
17care, special living arrangements, training, education,
18employment 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
21changing Section 1-114.001 as follows:
 
22    (210 ILCS 47/1-114.001)

 

 

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1    Sec. 1-114.001. Habilitation. "Habilitation" means an
2effort directed toward increasing a person's level of
3physical, mental, social, or economic functioning.
4Habilitation may include, but is not limited to, diagnosis,
5evaluation, medical services, residential care, child day
6care, special living arrangements, training, education,
7employment 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
10changing 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
13provide a program or service for the temporary custodial care
14of mildly ill children who, because of their illness, are
15unable to attend school or to participate in their normal
16child day care program. The Department shall develop minimum
17standards, rules and regulations to govern the operation of a
18sick child day program which is operated by a hospital and
19located on the hospital's licensed premises. Any such
20standards, rules and regulations shall provide that:
21    (a) a sick child day program may be located anywhere on the
22hospital's licensed premises, including patient care units,
23when the following conditions are met:
24        (1) Children in the sick child day program shall not

 

 

SB1797- 238 -LRB103 03433 AMQ 48439 b

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
8not considered to be hospital patients, and are not required
9to be under the professional care of a member of the hospital's
10medical staff except in those cases where emergency medical
11treatment is needed during the time the child is on the program
12premises; and
13    (c) medication may be administered to a child in a sick
14child 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

 

 

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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
5changing 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
8homes; coverage.
9    (a) No insurer providing insurance coverage, as defined in
10subsection (b) of Section 143.13 of this Code, shall nonrenew
11or cancel an insurance policy on a child day care home or group
12child day care home, as defined in the Child Care Act of 1969,
13solely on the basis that the insured operates a duly licensed
14child day care home or group child day care home on the insured
15premises.
16    (b) An insurer providing such insurance coverage to a
17licensed child day care home or licensed group child day care
18home may provide such coverage with a separate policy or
19endorsement to a policy of fire and extended coverage
20insurance, as defined in subsection (b) of Section 143.13.
21    (c) Notwithstanding subsections (a) and (b) of this
22Section, the insurer providing such coverage shall be allowed
23to cancel or nonrenew an insurance policy on a child day care
24home or group child day care home based upon the authority

 

 

SB1797- 240 -LRB103 03433 AMQ 48439 b

1provided 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,
5which has been held unconstitutional)
6    Sec. 1204. (A) The Secretary shall promulgate rules and
7regulations which shall require each insurer licensed to write
8property or casualty insurance in the State and each syndicate
9doing business on the Illinois Insurance Exchange to record
10and report its loss and expense experience and other data as
11may be necessary to assess the relationship of insurance
12premiums and related income as compared to insurance costs and
13expenses. The Secretary may designate one or more rate service
14organizations or advisory organizations to gather and compile
15such experience and data. The Secretary shall require each
16insurer licensed to write property or casualty insurance in
17this State and each syndicate doing business on the Illinois
18Insurance Exchange to submit a report, on a form furnished by
19the Secretary, showing its direct writings in this State and
20companywide.
21    (B) Such report required by subsection (A) of this Section
22may include, but not be limited to, the following specific
23types of insurance written by such insurer:
24        (1) Political subdivision liability insurance reported
25    separately in the following categories:

 

 

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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
24following data, both specific to this State and companywide,
25in the aggregate or by type of insurance for the previous year
26on a calendar year basis:

 

 

SB1797- 242 -LRB103 03433 AMQ 48439 b

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
23as 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

 

 

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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
26malpractice insurers.

 

 

SB1797- 244 -LRB103 03433 AMQ 48439 b

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:

 

 

SB1797- 245 -LRB103 03433 AMQ 48439 b

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
24under subsection (C), the Secretary may also request on a
25companywide, aggregate basis, Federal Income Tax recoverable,
26net realized capital gain or loss, net unrealized capital gain

 

 

SB1797- 246 -LRB103 03433 AMQ 48439 b

1or 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

 

 

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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

 

 

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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

 

 

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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;
695-331, eff. 8-21-07.)
 
7    (Text of Section WITHOUT the changes made by P.A. 94-677,
8which has been held unconstitutional)
9    Sec. 1204. (A) The Director shall promulgate rules and
10regulations which shall require each insurer licensed to write
11property or casualty insurance in the State and each syndicate
12doing business on the Illinois Insurance Exchange to record
13and report its loss and expense experience and other data as
14may be necessary to assess the relationship of insurance
15premiums and related income as compared to insurance costs and
16expenses. The Director may designate one or more rate service
17organizations or advisory organizations to gather and compile
18such experience and data. The Director shall require each
19insurer licensed to write property or casualty insurance in
20this State and each syndicate doing business on the Illinois
21Insurance Exchange to submit a report, on a form furnished by
22the Director, showing its direct writings in this State and
23companywide.
24    (B) Such report required by subsection (A) of this Section
25may include, but not be limited to, the following specific

 

 

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1types 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

 

 

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1following data, both specific to this State and companywide,
2in the aggregate or by type of insurance for the previous year
3on 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
26as defined in Section 463 of this Code.

 

 

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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

 

 

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1    thereafter.
2    (D) In addition to the information which may be requested
3under subsection (C), the Director may also request on a
4companywide, aggregate basis, Federal Income Tax recoverable,
5net realized capital gain or loss, net unrealized capital gain
6or 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

 

 

SB1797- 254 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

SB1797- 256 -LRB103 03433 AMQ 48439 b

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
14information regarding insurance products from more than one
15insurer, including product and insurer information, for use in
16comparison shopping.
17    "Blanket travel insurance" means a policy of travel
18insurance issued to any eligible group providing coverage for
19specific classes of persons defined in the policy with
20coverage provided to all members of the eligible group without
21a separate charge to individual members of the eligible group.
22    "Cancellation fee waiver" means a contractual agreement
23between a supplier of travel services and its customer to
24waive some or all of the nonrefundable cancellation fee
25provisions of the supplier's underlying travel contract with

 

 

SB1797- 257 -LRB103 03433 AMQ 48439 b

1or without regard to the reason for the cancellation or form of
2reimbursement. A "cancellation fee waiver" is not insurance.
3    "Eligible group", solely for the purposes of travel
4insurance, means 2 or more persons who are engaged in a common
5enterprise, or have an economic, educational, or social
6affinity or relationship, including, but not limited to, any
7of 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

 

 

SB1797- 258 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 259 -LRB103 03433 AMQ 48439 b

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
20purchaser of a travel protection plan confirming the purchase
21and providing the travel protection plan's coverage and
22assistance details.
23    "Group travel insurance" means travel insurance issued to
24any eligible group.
25    "Limited lines travel insurance producer" means one of the
26following:

 

 

SB1797- 260 -LRB103 03433 AMQ 48439 b

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
25elects and purchases individual travel insurance.
26    "Travel administrator" means a person who directly or

 

 

SB1797- 261 -LRB103 03433 AMQ 48439 b

1indirectly underwrites, collects charges, collateral, or
2premiums from, or adjusts or settles claims on residents of
3this State in connection with travel insurance, except that a
4person shall not be considered a travel administrator if that
5person's only actions that would otherwise cause the person to
6be 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
26for which the consumer is not indemnified based on a

 

 

SB1797- 262 -LRB103 03433 AMQ 48439 b

1fortuitous event, and where providing the service does not
2result in transfer or shifting of risk that would constitute
3the business of insurance. "Travel assistance services"
4include, but are not limited to: security advisories;
5destination information; vaccination and immunization
6information services; travel reservation services;
7entertainment; activity and event planning; translation
8assistance; emergency messaging; international legal and
9medical referrals; medical case monitoring; coordination of
10transportation arrangements; emergency cash transfer
11assistance; medical prescription replacement assistance;
12passport and travel document replacement assistance; lost
13luggage assistance; concierge services; and any other service
14that is furnished in connection with planned travel. "Travel
15assistance services" are not insurance and are not related to
16insurance.
17    "Travel insurance" means insurance coverage for personal
18risks incident to planned travel, including, but not limited
19to:
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;

 

 

SB1797- 263 -LRB103 03433 AMQ 48439 b

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
7that provide comprehensive medical protection for travelers
8with trips lasting 6 months or longer, including those working
9overseas as expatriates or as military personnel on
10deployment.
11    "Travel insurance business entity" means a licensed
12insurance producer designated by an insurer as set forth in
13subsection (h) of Section 1635.
14    "Travel protection plans" means plans that provide one or
15more of the following: travel insurance, travel assistance
16services, and cancellation fee waivers.
17    "Travel retailer" means a business organization that
18makes, arranges, or offers travel services and, with respect
19to travel insurance, is limited to offering and disseminating
20as defined in this Section, unless otherwise licensed under
21subsection (b) of Section 1635.
22(Source: P.A. 102-212, eff. 10-28-21.)
 
23    Section 175. The Public Utilities Act is amended by
24changing Section 8-103B as follows:
 

 

 

SB1797- 264 -LRB103 03433 AMQ 48439 b

1    (220 ILCS 5/8-103B)
2    Sec. 8-103B. Energy efficiency and demand-response
3measures.
4    (a) It is the policy of the State that electric utilities
5are required to use cost-effective energy efficiency and
6demand-response measures to reduce delivery load. Requiring
7investment in cost-effective energy efficiency and
8demand-response measures will reduce direct and indirect costs
9to consumers by decreasing environmental impacts and by
10avoiding or delaying the need for new generation,
11transmission, and distribution infrastructure. It serves the
12public interest to allow electric utilities to recover costs
13for reasonably and prudently incurred expenditures for energy
14efficiency and demand-response measures. As used in this
15Section, "cost-effective" means that the measures satisfy the
16total resource cost test. The low-income measures described in
17subsection (c) of this Section shall not be required to meet
18the total resource cost test. For purposes of this Section,
19the terms "energy-efficiency", "demand-response", "electric
20utility", and "total resource cost test" have the meanings set
21forth in the Illinois Power Agency Act. "Black, indigenous,
22and people of color" and "BIPOC" means people who are members
23of the groups described in subparagraphs (a) through (e) of
24paragraph (A) of subsection (1) of Section 2 of the Business
25Enterprise for Minorities, Women, and Persons with
26Disabilities Act.

 

 

SB1797- 265 -LRB103 03433 AMQ 48439 b

1    (a-5) This Section applies to electric utilities serving
2more than 500,000 retail customers in the State for those
3multi-year plans commencing after December 31, 2017.
4    (b) For purposes of this Section, electric utilities
5subject to this Section that serve more than 3,000,000 retail
6customers in the State shall be deemed to have achieved a
7cumulative persisting annual savings of 6.6% from energy
8efficiency measures and programs implemented during the period
9beginning January 1, 2012 and ending December 31, 2017, which
10percent is based on the deemed average weather normalized
11sales of electric power and energy during calendar years 2014,
122015, and 2016 of 88,000,000 MWhs. For the purposes of this
13subsection (b) and subsection (b-5), the 88,000,000 MWhs of
14deemed electric power and energy sales shall be reduced by the
15number of MWhs equal to the sum of the annual consumption of
16customers that have opted out of subsections (a) through (j)
17of this Section under paragraph (1) of subsection (l) of this
18Section, as averaged across the calendar years 2014, 2015, and
192016. After 2017, the deemed value of cumulative persisting
20annual savings from energy efficiency measures and programs
21implemented during the period beginning January 1, 2012 and
22ending December 31, 2017, shall be reduced each year, as
23follows, and the applicable value shall be applied to and
24count toward the utility's achievement of the cumulative
25persisting annual savings goals set forth in subsection (b-5):
26        (1) 5.8% deemed cumulative persisting annual savings

 

 

SB1797- 266 -LRB103 03433 AMQ 48439 b

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

 

 

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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
22annual savings" means the total electric energy savings in a
23given year from measures installed in that year or in previous
24years, but no earlier than January 1, 2012, that are still
25operational and providing savings in that year because the
26measures have not yet reached the end of their useful lives.

 

 

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1    (b-5) Beginning in 2018, electric utilities subject to
2this Section that serve more than 3,000,000 retail customers
3in the State shall achieve the following cumulative persisting
4annual savings goals, as modified by subsection (f) of this
5Section and as compared to the deemed baseline of 88,000,000
6MWhs of electric power and energy sales set forth in
7subsection (b), as reduced by the number of MWhs equal to the
8sum of the annual consumption of customers that have opted out
9of subsections (a) through (j) of this Section under paragraph
10(1) of subsection (l) of this Section as averaged across the
11calendar years 2014, 2015, and 2016, through the
12implementation of energy efficiency measures during the
13applicable year and in prior years, but no earlier than
14January 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;

 

 

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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
16Commission shall establish additional cumulative persisting
17annual savings goals for the years 2031 through 2035. No later
18than December 31, 2024, the Illinois Commerce Commission shall
19establish additional cumulative persisting annual savings
20goals for the years 2036 through 2040. The Commission shall
21also establish additional cumulative persisting annual savings
22goals every 5 years thereafter to ensure that utilities always
23have goals that extend at least 11 years into the future. The
24cumulative persisting annual savings goals beyond the year
252030 shall increase by 0.9 percentage points per year, absent
26a Commission decision to initiate a proceeding to consider

 

 

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1establishing goals that increase by more or less than that
2amount. Such a proceeding must be conducted in accordance with
3the procedures described in subsection (f) of this Section. If
4such a proceeding is initiated, the cumulative persisting
5annual savings goals established by the Commission through
6that proceeding shall reflect the Commission's best estimate
7of the maximum amount of additional savings that are forecast
8to be cost-effectively achievable unless such best estimates
9would result in goals that represent less than 0.5 percentage
10point annual increases in total cumulative persisting annual
11savings. The Commission may only establish goals that
12represent less than 0.5 percentage point annual increases in
13cumulative persisting annual savings if it can demonstrate,
14based on clear and convincing evidence and through independent
15analysis, that 0.5 percentage point increases are not
16cost-effectively achievable. The Commission shall inform its
17decision based on an energy efficiency potential study that
18conforms to the requirements of this Section.
19    (b-10) For purposes of this Section, electric utilities
20subject to this Section that serve less than 3,000,000 retail
21customers but more than 500,000 retail customers in the State
22shall be deemed to have achieved a cumulative persisting
23annual savings of 6.6% from energy efficiency measures and
24programs implemented during the period beginning January 1,
252012 and ending December 31, 2017, which is based on the deemed
26average weather normalized sales of electric power and energy

 

 

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1during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
2For the purposes of this subsection (b-10) and subsection
3(b-15), the 36,900,000 MWhs of deemed electric power and
4energy sales shall be reduced by the number of MWhs equal to
5the sum of the annual consumption of customers that have opted
6out of subsections (a) through (j) of this Section under
7paragraph (1) of subsection (l) of this Section, as averaged
8across the calendar years 2014, 2015, and 2016. After 2017,
9the deemed value of cumulative persisting annual savings from
10energy efficiency measures and programs implemented during the
11period beginning January 1, 2012 and ending December 31, 2017,
12shall be reduced each year, as follows, and the applicable
13value shall be applied to and count toward the utility's
14achievement of the cumulative persisting annual savings goals
15set 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

 

 

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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

 

 

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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
12this Section that serve less than 3,000,000 retail customers
13but more than 500,000 retail customers in the State shall
14achieve the following cumulative persisting annual savings
15goals, as modified by subsection (b-20) and subsection (f) of
16this Section and as compared to the deemed baseline as reduced
17by the number of MWhs equal to the sum of the annual
18consumption of customers that have opted out of subsections
19(a) through (j) of this Section under paragraph (1) of
20subsection (l) of this Section as averaged across the calendar
21years 2014, 2015, and 2016, through the implementation of
22energy efficiency measures during the applicable year and in
23prior 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

 

 

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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
25Commission shall establish additional cumulative persisting
26annual savings goals for the years 2031 through 2035. No later

 

 

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1than December 31, 2024, the Illinois Commerce Commission shall
2establish additional cumulative persisting annual savings
3goals for the years 2036 through 2040. The Commission shall
4also establish additional cumulative persisting annual savings
5goals every 5 years thereafter to ensure that utilities always
6have goals that extend at least 11 years into the future. The
7cumulative persisting annual savings goals beyond the year
82030 shall increase by 0.6 percentage points per year, absent
9a Commission decision to initiate a proceeding to consider
10establishing goals that increase by more or less than that
11amount. Such a proceeding must be conducted in accordance with
12the procedures described in subsection (f) of this Section. If
13such a proceeding is initiated, the cumulative persisting
14annual savings goals established by the Commission through
15that proceeding shall reflect the Commission's best estimate
16of the maximum amount of additional savings that are forecast
17to be cost-effectively achievable unless such best estimates
18would result in goals that represent less than 0.4 percentage
19point annual increases in total cumulative persisting annual
20savings. The Commission may only establish goals that
21represent less than 0.4 percentage point annual increases in
22cumulative persisting annual savings if it can demonstrate,
23based on clear and convincing evidence and through independent
24analysis, that 0.4 percentage point increases are not
25cost-effectively achievable. The Commission shall inform its
26decision based on an energy efficiency potential study that

 

 

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1conforms to the requirements of this Section.
2    (b-20) Each electric utility subject to this Section may
3include cost-effective voltage optimization measures in its
4plans submitted under subsections (f) and (g) of this Section,
5and the costs incurred by a utility to implement the measures
6under a Commission-approved plan shall be recovered under the
7provisions of Article IX or Section 16-108.5 of this Act. For
8purposes of this Section, the measure life of voltage
9optimization measures shall be 15 years. The measure life
10period is independent of the depreciation rate of the voltage
11optimization assets deployed. Utilities may claim savings from
12voltage optimization on circuits for more than 15 years if
13they can demonstrate that they have made additional
14investments necessary to enable voltage optimization savings
15to continue beyond 15 years. Such demonstrations must be
16subject to the review of independent evaluation.
17    Within 270 days after June 1, 2017 (the effective date of
18Public Act 99-906), an electric utility that serves less than
193,000,000 retail customers but more than 500,000 retail
20customers in the State shall file a plan with the Commission
21that identifies the cost-effective voltage optimization
22investment the electric utility plans to undertake through
23December 31, 2024. The Commission, after notice and hearing,
24shall approve or approve with modification the plan within 120
25days after the plan's filing and, in the order approving or
26approving with modification the plan, the Commission shall

 

 

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1adjust the applicable cumulative persisting annual savings
2goals set forth in subsection (b-15) to reflect any amount of
3cost-effective energy savings approved by the Commission that
4is greater than or less than the following cumulative
5persisting annual savings values attributable to voltage
6optimization 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
25energy efficiency measure or program with a gas utility under
26plans approved under this Section and Section 8-104 of this

 

 

SB1797- 278 -LRB103 03433 AMQ 48439 b

1Act, the electric utility may continue offering the program,
2including the gas energy efficiency measures, in the event the
3gas utility discontinues funding the program. In that event,
4the energy savings value associated with such other fuels
5shall be converted to electric energy savings on an equivalent
6Btu basis for the premises. However, the electric utility
7shall prioritize programs for low-income residential customers
8to the extent practicable. An electric utility may recover the
9costs of offering the gas energy efficiency measures under
10this subsection (b-25).
11    For those energy efficiency measures or programs that save
12both electricity and other fuels but are not jointly offered
13with a gas utility under plans approved under this Section and
14Section 8-104 or not offered with an affiliated gas utility
15under paragraph (6) of subsection (f) of Section 8-104 of this
16Act, the electric utility may count savings of fuels other
17than electricity toward the achievement of its annual savings
18goal, and the energy savings value associated with such other
19fuels shall be converted to electric energy savings on an
20equivalent Btu basis at the premises.
21    In no event shall more than 10% of each year's applicable
22annual total savings requirement as defined in paragraph (7.5)
23of subsection (g) of this Section be met through savings of
24fuels other than electricity.
25    (b-27) Beginning in 2022, an electric utility may offer
26and promote measures that electrify space heating, water

 

 

SB1797- 279 -LRB103 03433 AMQ 48439 b

1heating, cooling, drying, cooking, industrial processes, and
2other building and industrial end uses that would otherwise be
3served by combustion of fossil fuel at the premises, provided
4that the electrification measures reduce total energy
5consumption at the premises. The electric utility may count
6the reduction in energy consumption at the premises toward
7achievement of its annual savings goals. The reduction in
8energy consumption at the premises shall be calculated as the
9difference between: (A) the reduction in Btu consumption of
10fossil fuels as a result of electrification, converted to
11kilowatt-hour equivalents by dividing by 3,412 Btus Btu's per
12kilowatt hour; and (B) the increase in kilowatt hours of
13electricity consumption resulting from the displacement of
14fossil fuel consumption as a result of electrification. An
15electric utility may recover the costs of offering and
16promoting electrification measures under this subsection
17(b-27).
18    In no event shall electrification savings counted toward
19each year's applicable annual total savings requirement, as
20defined in paragraph (7.5) of subsection (g) of this Section,
21be 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.
26In addition, a minimum of 25% of all electrification savings

 

 

SB1797- 280 -LRB103 03433 AMQ 48439 b

1counted toward a utility's applicable annual total savings
2requirement must be from electrification of end uses in
3low-income housing. The limitations on electrification savings
4that may be counted toward a utility's annual savings goals
5are separate from and in addition to the subsection (b-25)
6limitations governing the counting of the other fuel savings
7resulting from efficiency measures and programs.
8    As part of the annual informational filing to the
9Commission that is required under paragraph (9) of subsection
10(g) of this Section, each utility shall identify the specific
11electrification measures offered under this subsection
12subjection (b-27); the quantity of each electrification
13measure that was installed by its customers; the average total
14cost, average utility cost, average reduction in fossil fuel
15consumption, and average increase in electricity consumption
16associated with each electrification measure; the portion of
17installations of each electrification measure that were in
18low-income single-family housing, low-income multifamily
19housing, non-low-income single-family housing, non-low-income
20multifamily housing, commercial buildings, and industrial
21facilities; and the quantity of savings associated with each
22measure category in each customer category that are being
23counted toward the utility's applicable annual total savings
24requirement. Prior to installing an electrification measure,
25the utility shall provide a customer with an estimate of the
26impact of the new measure on the customer's average monthly

 

 

SB1797- 281 -LRB103 03433 AMQ 48439 b

1electric bill and total annual energy expenses.
2    (c) Electric utilities shall be responsible for overseeing
3the design, development, and filing of energy efficiency plans
4with the Commission and may, as part of that implementation,
5outsource various aspects of program development and
6implementation. A minimum of 10%, for electric utilities that
7serve more than 3,000,000 retail customers in the State, and a
8minimum of 7%, for electric utilities that serve less than
93,000,000 retail customers but more than 500,000 retail
10customers in the State, of the utility's entire portfolio
11funding level for a given year shall be used to procure
12cost-effective energy efficiency measures from units of local
13government, municipal corporations, school districts, public
14housing, and community college districts, provided that a
15minimum percentage of available funds shall be used to procure
16energy efficiency from public housing, which percentage shall
17be equal to public housing's share of public building energy
18consumption.
19    The utilities shall also implement energy efficiency
20measures targeted at low-income households, which, for
21purposes of this Section, shall be defined as households at or
22below 80% of area median income, and expenditures to implement
23the measures shall be no less than $40,000,000 per year for
24electric utilities that serve more than 3,000,000 retail
25customers in the State and no less than $13,000,000 per year
26for electric utilities that serve less than 3,000,000 retail

 

 

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1customers but more than 500,000 retail customers in the State.
2The ratio of spending on efficiency programs targeted at
3low-income multifamily buildings to spending on efficiency
4programs targeted at low-income single-family buildings shall
5be designed to achieve levels of savings from each building
6type that are approximately proportional to the magnitude of
7cost-effective lifetime savings potential in each building
8type. Investment in low-income whole-building weatherization
9programs shall constitute a minimum of 80% of a utility's
10total budget specifically dedicated to serving low-income
11customers.
12    The utilities shall work to bundle low-income energy
13efficiency offerings with other programs that serve low-income
14households to maximize the benefits going to these households.
15The utilities shall market and implement low-income energy
16efficiency programs in coordination with low-income assistance
17programs, the Illinois Solar for All Program, and
18weatherization whenever practicable. The program implementer
19shall walk the customer through the enrollment process for any
20programs for which the customer is eligible. The utilities
21shall also pilot targeting customers with high arrearages,
22high energy intensity (ratio of energy usage divided by home
23or unit square footage), or energy assistance programs with
24energy efficiency offerings, and then track reduction in
25arrearages as a result of the targeting. This targeting and
26bundling of low-income energy programs shall be offered to

 

 

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1both low-income single-family and multifamily customers
2(owners and residents).
3    The utilities shall invest in health and safety measures
4appropriate and necessary for comprehensively weatherizing a
5home or multifamily building, and shall implement a health and
6safety fund of at least 15% of the total income-qualified
7weatherization budget that shall be used for the purpose of
8making grants for technical assistance, construction,
9reconstruction, improvement, or repair of buildings to
10facilitate their participation in the energy efficiency
11programs targeted at low-income single-family and multifamily
12households. These funds may also be used for the purpose of
13making grants for technical assistance, construction,
14reconstruction, improvement, or repair of the following
15buildings to facilitate their participation in the energy
16efficiency programs created by this Section: (1) buildings
17that are owned or operated by registered 501(c)(3) public
18charities; and (2) child day care centers, child day care
19homes, or group child day care homes, as defined under 89 Ill.
20Adm. Code Part 406, 407, or 408, respectively.
21    Each electric utility shall assess opportunities to
22implement cost-effective energy efficiency measures and
23programs through a public housing authority or authorities
24located in its service territory. If such opportunities are
25identified, the utility shall propose such measures and
26programs to address the opportunities. Expenditures to address

 

 

SB1797- 284 -LRB103 03433 AMQ 48439 b

1such opportunities shall be credited toward the minimum
2procurement and expenditure requirements set forth in this
3subsection (c).
4    Implementation of energy efficiency measures and programs
5targeted at low-income households should be contracted, when
6it is practicable, to independent third parties that have
7demonstrated capabilities to serve such households, with a
8preference for not-for-profit entities and government agencies
9that have existing relationships with or experience serving
10low-income communities in the State.
11    Each electric utility shall develop and implement
12reporting procedures that address and assist in determining
13the amount of energy savings that can be applied to the
14low-income procurement and expenditure requirements set forth
15in this subsection (c). Each electric utility shall also track
16the types and quantities or volumes of insulation and air
17sealing materials, and their associated energy saving
18benefits, installed in energy efficiency programs targeted at
19low-income single-family and multifamily households.
20    The electric utilities shall participate in a low-income
21energy efficiency accountability committee ("the committee"),
22which will directly inform the design, implementation, and
23evaluation of the low-income and public-housing energy
24efficiency programs. The committee shall be comprised of the
25electric utilities subject to the requirements of this
26Section, the gas utilities subject to the requirements of

 

 

SB1797- 285 -LRB103 03433 AMQ 48439 b

1Section 8-104 of this Act, the utilities' low-income energy
2efficiency implementation contractors, nonprofit
3organizations, community action agencies, advocacy groups,
4State and local governmental agencies, public-housing
5organizations, and representatives of community-based
6organizations, especially those living in or working with
7environmental justice communities and BIPOC communities. The
8committee shall be composed of 2 geographically differentiated
9subcommittees: one for stakeholders in northern Illinois and
10one for stakeholders in central and southern Illinois. The
11subcommittees shall meet together at least twice per year.
12    There shall be one statewide leadership committee led by
13and composed of community-based organizations that are
14representative of BIPOC and environmental justice communities
15and that includes equitable representation from BIPOC
16communities. The leadership committee shall be composed of an
17equal number of representatives from the 2 subcommittees. The
18subcommittees shall address specific programs and issues, with
19the leadership committee convening targeted workgroups as
20needed. The leadership committee may elect to work with an
21independent facilitator to solicit and organize feedback,
22recommendations and meeting participation from a wide variety
23of community-based stakeholders. If a facilitator is used,
24they shall be fair and responsive to the needs of all
25stakeholders involved in the committee.
26     All committee meetings must be accessible, with rotating

 

 

SB1797- 286 -LRB103 03433 AMQ 48439 b

1locations if meetings are held in-person, virtual
2participation options, and materials and agendas circulated in
3advance.
4    There shall also be opportunities for direct input by
5committee members outside of committee meetings, such as via
6individual meetings, surveys, emails and calls, to ensure
7robust participation by stakeholders with limited capacity and
8ability to attend committee meetings. Committee meetings shall
9emphasize opportunities to bundle and coordinate delivery of
10low-income energy efficiency with other programs that serve
11low-income communities, such as the Illinois Solar for All
12Program and bill payment assistance programs. Meetings shall
13include educational opportunities for stakeholders to learn
14more about these additional offerings, and the committee shall
15assist in figuring out the best methods for coordinated
16delivery and implementation of offerings when serving
17low-income communities. The committee shall directly and
18equitably influence and inform utility low-income and
19public-housing energy efficiency programs and priorities.
20Participating utilities shall implement recommendations from
21the committee whenever possible.
22    Participating utilities shall track and report how input
23from the committee has led to new approaches and changes in
24their energy efficiency portfolios. This reporting shall occur
25at committee meetings and in quarterly energy efficiency
26reports to the Stakeholder Advisory Group and Illinois

 

 

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1Commerce Commission, and other relevant reporting mechanisms.
2Participating utilities shall also report on relevant equity
3data and metrics requested by the committee, such as energy
4burden data, geographic, racial, and other relevant
5demographic data on where programs are being delivered and
6what populations programs are serving.
7    The Illinois Commerce Commission shall oversee and have
8relevant staff participate in the committee. The committee
9shall have a budget of 0.25% of each utility's entire
10efficiency portfolio funding for a given year. The budget
11shall be overseen by the Commission. The budget shall be used
12to provide grants for community-based organizations serving on
13the leadership committee, stipends for community-based
14organizations participating in the committee, grants for
15community-based organizations to do energy efficiency outreach
16and education, and relevant meeting needs as determined by the
17leadership committee. The education and outreach shall
18include, but is not limited to, basic energy efficiency
19education, information about low-income energy efficiency
20programs, and information on the committee's purpose,
21structure, and activities.
22    (d) Notwithstanding any other provision of law to the
23contrary, a utility providing approved energy efficiency
24measures and, if applicable, demand-response measures in the
25State shall be permitted to recover all reasonable and
26prudently incurred costs of those measures from all retail

 

 

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1customers, except as provided in subsection (l) of this
2Section, 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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
18Public Act 99-906), a utility subject to the requirements of
19this Section may elect to defer, as a regulatory asset, up to
20the full amount of its expenditures incurred under this
21Section for each annual period, including, but not limited to,
22any expenditures incurred above the funding level set by
23subsection (f) of this Section for a given year. The total
24expenditures deferred as a regulatory asset in a given year
25shall be amortized and recovered over a period that is equal to
26the weighted average of the energy efficiency measure lives

 

 

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1implemented for that year that are reflected in the regulatory
2asset. The unamortized balance shall be recognized as of
3December 31 for a given year. The utility shall also earn a
4return on the total of the unamortized balances of all of the
5energy efficiency regulatory assets, less any deferred taxes
6related to those unamortized balances, at an annual rate equal
7to the utility's weighted average cost of capital that
8includes, based on a year-end capital structure, the utility's
9actual cost of debt for the applicable calendar year and a cost
10of equity, which shall be calculated as the sum of the (i) the
11average for the applicable calendar year of the monthly
12average yields of 30-year U.S. Treasury bonds published by the
13Board of Governors of the Federal Reserve System in its weekly
14H.15 Statistical Release or successor publication; and (ii)
15580 basis points, including a revenue conversion factor
16calculated to recover or refund all additional income taxes
17that may be payable or receivable as a result of that return.
18Capital investment costs shall be depreciated and recovered
19over their useful lives consistent with generally accepted
20accounting principles. The weighted average cost of capital
21shall be applied to the capital investment cost balance, less
22any accumulated depreciation and accumulated deferred income
23taxes, as of December 31 for a given year.
24    When an electric utility creates a regulatory asset under
25the provisions of this Section, the costs are recovered over a
26period during which customers also receive a benefit which is

 

 

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1in the public interest. Accordingly, it is the intent of the
2General Assembly that an electric utility that elects to
3create a regulatory asset under the provisions of this Section
4shall recover all of the associated costs as set forth in this
5Section. After the Commission has approved the prudence and
6reasonableness of the costs that comprise the regulatory
7asset, the electric utility shall be permitted to recover all
8such costs, and the value and recoverability through rates of
9the associated regulatory asset shall not be limited, altered,
10impaired, or reduced.
11    (f) Beginning in 2017, each electric utility shall file an
12energy efficiency plan with the Commission to meet the energy
13efficiency standards for the next applicable multi-year period
14beginning January 1 of the year following the filing,
15according to the schedule set forth in paragraphs (1) through
16(3) of this subsection (f). If a utility does not file such a
17plan on or before the applicable filing deadline for the plan,
18it shall face a penalty of $100,000 per day until the plan is
19filed.
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
5proposals to meet the energy efficiency standards identified
6in subsection (b-5) or (b-15), as applicable and as such
7standards may have been modified under this subsection (f),
8taking into account the unique circumstances of the utility's
9service territory. For those plans commencing on January 1,
102018, the Commission shall seek public comment on the
11utility's plan and shall issue an order approving or
12disapproving each plan no later than 105 days after June 1,
132017 (the effective date of Public Act 99-906). For those
14plans commencing after December 31, 2021, the Commission shall
15seek public comment on the utility's plan and shall issue an
16order approving or disapproving each plan within 6 months
17after its submission. If the Commission disapproves a plan,
18the Commission shall, within 30 days, describe in detail the
19reasons for the disapproval and describe a path by which the
20utility may file a revised draft of the plan to address the
21Commission's concerns satisfactorily. If the utility does not
22refile with the Commission within 60 days, the utility shall
23be subject to penalties at a rate of $100,000 per day until the
24plan is filed. This process shall continue, and penalties
25shall accrue, until the utility has successfully filed a
26portfolio of energy efficiency and demand-response measures.

 

 

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1Penalties shall be deposited into the Energy Efficiency Trust
2Fund.
3    (g) In submitting proposed plans and funding levels under
4subsection (f) of this Section to meet the savings goals
5identified in subsection (b-5) or (b-15) of this Section, as
6applicable, 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

 

 

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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

 

 

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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

 

 

SB1797- 311 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

SB1797- 313 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

SB1797- 315 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 316 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 317 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 318 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 319 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 320 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 321 -LRB103 03433 AMQ 48439 b

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:

 

 

SB1797- 322 -LRB103 03433 AMQ 48439 b

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,

 

 

SB1797- 323 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 324 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 325 -LRB103 03433 AMQ 48439 b

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

 

 

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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
20demand-response program revenue may be allocated for research,
21development, or pilot deployment of new equipment or measures.
22Electric utilities shall work with interested stakeholders to
23formulate a plan for how these funds should be spent,
24incorporate statewide approaches for these allocations, and
25file a 4-year plan that demonstrates that collaboration. If a
26utility files a request for modified annual energy savings

 

 

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1goals with the Commission, then a utility shall forgo spending
2portfolio dollars on research and development proposals.
3    (i) When practicable, electric utilities shall incorporate
4advanced metering infrastructure data into the planning,
5implementation, and evaluation of energy efficiency measures
6and programs, subject to the data privacy and confidentiality
7protections of applicable law.
8    (j) The independent evaluator shall follow the guidelines
9and use the savings set forth in Commission-approved energy
10efficiency policy manuals and technical reference manuals, as
11each may be updated from time to time. Until such time as
12measure life values for energy efficiency measures implemented
13for low-income households under subsection (c) of this Section
14are incorporated into such Commission-approved manuals, the
15low-income measures shall have the same measure life values
16that are established for same measures implemented in
17households that are not low-income households.
18    (k) Notwithstanding any provision of law to the contrary,
19an electric utility subject to the requirements of this
20Section may file a tariff cancelling an automatic adjustment
21clause tariff in effect under this Section or Section 8-103,
22which shall take effect no later than one business day after
23the date such tariff is filed. Thereafter, the utility shall
24be authorized to defer and recover its expenditures incurred
25under this Section through a new tariff authorized under
26subsection (d) of this Section or in the utility's next rate

 

 

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1case under Article IX or Section 16-108.5 of this Act, with
2interest at an annual rate equal to the utility's weighted
3average cost of capital as approved by the Commission in such
4case. If the utility elects to file a new tariff under
5subsection (d) of this Section, the utility may file the
6tariff within 10 days after June 1, 2017 (the effective date of
7Public Act 99-906), and the cost inputs to such tariff shall be
8based on the projected costs to be incurred by the utility
9during the calendar year in which the new tariff is filed and
10that were not recovered under the tariff that was cancelled as
11provided for in this subsection. Such costs shall include
12those incurred or to be incurred by the utility under its
13multi-year plan approved under subsections (f) and (g) of this
14Section, including, but not limited to, projected capital
15investment costs and projected regulatory asset balances with
16correspondingly updated depreciation and amortization reserves
17and expense. The Commission shall, after notice and hearing,
18approve, or approve with modification, such tariff and cost
19inputs no later than 75 days after the utility filed the
20tariff, provided that such approval, or approval with
21modification, shall be consistent with the provisions of this
22Section to the extent they do not conflict with this
23subsection (k). The tariff approved by the Commission shall
24take effect no later than 5 days after the Commission enters
25its order approving the tariff.
26    No later than 60 days after the effective date of the

 

 

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1tariff cancelling the utility's automatic adjustment clause
2tariff, the utility shall file a reconciliation that
3reconciles the moneys collected under its automatic adjustment
4clause tariff with the costs incurred during the period
5beginning June 1, 2016 and ending on the date that the electric
6utility's automatic adjustment clause tariff was cancelled. In
7the event the reconciliation reflects an under-collection, the
8utility shall recover the costs as specified in this
9subsection (k). If the reconciliation reflects an
10over-collection, the utility shall apply the amount of such
11over-collection as a one-time credit to retail customers'
12bills.
13    (l) For the calendar years covered by a multi-year plan
14commencing after December 31, 2017, subsections (a) through
15(j) of this Section do not apply to eligible large private
16energy customers that have chosen to opt out of multi-year
17plans 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

 

 

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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

 

 

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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

 

 

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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).

 

 

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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
9part of a proceeding to approve a multi-year plan under
10subsections (f) and (g) of this Section if the multi-year plan
11has been designed to maximize savings, but does not meet the
12cost cap limitations of this Section, the Commission shall
13reduce the amount of energy efficiency measures implemented
14for any single year, and whose costs are recovered under
15subsection (d) of this Section, by an amount necessary to
16limit the estimated average net increase due to the cost of the
17measures 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

 

 

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1    1 of the first year of each subsequent 4-year plan cycle,
2of the average amount paid per kilowatthour by residential
3eligible retail customers during calendar year 2015. An
4electric utility may plan to spend up to 10% more in any year
5during an applicable multi-year plan period to
6cost-effectively achieve additional savings so long as the
7average over the applicable multi-year plan period does not
8exceed the percentages defined in items (1) through (5). To
9determine the total amount that may be spent by an electric
10utility in any single year, the applicable percentage of the
11average amount paid per kilowatthour shall be multiplied by
12the total amount of energy delivered by such electric utility
13in the calendar year 2015, adjusted to reflect the proportion
14of the utility's load attributable to customers that have
15opted out of subsections (a) through (j) of this Section under
16subsection (l) of this Section. For purposes of this
17subsection (m), the amount paid per kilowatthour includes,
18without limitation, estimated amounts paid for supply,
19transmission, distribution, surcharges, and add-on taxes. For
20purposes of this Section, "eligible retail customers" shall
21have the meaning set forth in Section 16-111.5 of this Act.
22Once the Commission has approved a plan under subsections (f)
23and (g) of this Section, no subsequent rate impact
24determinations shall be made.
25    (n) A utility shall take advantage of the efficiencies
26available through existing Illinois Home Weatherization

 

 

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1Assistance Program infrastructure and services, such as
2enrollment, marketing, quality assurance and implementation,
3which can reduce the need for similar services at a lower cost
4than utility-only programs, subject to capacity constraints at
5community action agencies, for both single-family and
6multifamily weatherization services, to the extent Illinois
7Home Weatherization Assistance Program community action
8agencies provide multifamily services. A utility's plan shall
9demonstrate that in formulating annual weatherization budgets,
10it has sought input and coordination with community action
11agencies regarding agencies' capacity to expand and maximize
12Illinois Home Weatherization Assistance Program delivery using
13the ratepayer dollars collected under this Section.
14(Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21;
15revised 2-28-22.)
 
16    Section 180. The Child Care Act of 1969 is amended by
17changing Sections 2.09, 2.11, 2.18, 2.20, 3, 4.5, 5, 5.1, 5.3,
185.5, 5.6, 5.8, 5.9, 5.10, 5.11, 6, 7, 7.10, 9.1c, 9.2, and 12
19as 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
22facility which regularly provides child day care for less than
2324 hours per day for (1) more than 8 children in a family home,
24or (2) more than 3 children in a facility other than a family

 

 

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1home, 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

 

 

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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

 

 

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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

 

 

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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
19Assistance Program (CCAP) funding and otherwise meeting the
20requirements under item (j) shall request exemption from the
21Department and be determined exempt prior to receiving funding
22and must annually meet the eligibility requirements and be
23appropriate for payment under the CCAP.
24    Programs or portions of programs under item (j) that do
25not receive State or federal funds must comply with staff
26qualification and training standards established by rule by

 

 

SB1797- 340 -LRB103 03433 AMQ 48439 b

1the Department of Human Services. The Department of Human
2Services shall set such standards after review of Afterschool
3for Children and Teens Now (ACT Now) evidence-based quality
4standards developed for school-age out-of-school time
5programs, feedback from the school-age out-of-school time
6program professionals, and review of out-of-school time
7professional development frameworks and quality tools.
8    Out-of-school time programs for school-age youth that
9receive State or federal funds must comply with only those
10staff qualifications and training standards set for the
11program by the State or federal entity issuing the funds.
12    For purposes of items (a), (b), (c), (d), and (i) of this
13Section, "children who shall have attained the age of 3 years"
14shall mean children who are 3 years of age, but less than 4
15years 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;
17100-201, 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
20of persons, public or private agency, association or
21organization which undertakes to provide one or more child day
22care homes with administrative services including, but not
23limited to, consultation, technical assistance, training,
24supervision, evaluation and provision of or referral to health
25and social services under contractual arrangement.

 

 

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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
4receive more than 3 up to a maximum of 12 children for less
5than 24 hours per day. The number counted includes the
6family's natural or adopted children and all other persons
7under the age of 12. The term does not include facilities which
8receive 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
12which receives more than 3 up to a maximum of 16 children for
13less than 24 hours per day. The number counted includes the
14family's natural or adopted children and all other persons
15under 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
19operate or conduct any facility for child care, as defined in
20this Act, without a license or permit issued by the Department
21or without being approved by the Department as meeting the
22standards established for such licensing, with the exception
23of facilities for whom standards are established by the

 

 

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1Department of Corrections under Section 3-15-2 of the Unified
2Code of Corrections and with the exception of facilities
3defined in Section 2.10 of this Act, and with the exception of
4programs or facilities licensed by the Department of Human
5Services under the Substance Use Disorder Act.
6    (b) No part day child care facility as described in
7Section 2.10 may operate without written notification to the
8Department or without complying with Section 7.1. Notification
9shall include a notarized statement by the facility that the
10facility complies with state or local health standards and
11state fire safety standards, and shall be filed with the
12department every 2 years.
13    (c) The Director of the Department shall establish
14policies and coordinate activities relating to child care
15licensing, licensing of child day care homes and child day
16care centers.
17    (d) Any facility or agency which is exempt from licensing
18may apply for licensing if licensing is required for some
19government benefit.
20    (e) A provider of child day care described in items (a)
21through (j) of Section 2.09 of this Act is exempt from
22licensure. The Department shall provide written verification
23of exemption and description of compliance with standards for
24the health, safety, and development of the children who
25receive the services upon submission by the provider of, in
26addition to any other documentation required by the

 

 

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1Department, a notarized statement that the facility complies
2with: (1) the standards of the Department of Public Health or
3local health department, (2) the fire safety standards of the
4State Fire Marshal, and (3) if operated in a public school
5building, the health and safety standards of the State Board
6of 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
11or group child day care home or the onsite executive director
12of a licensed child day care center must successfully complete
13a basic training course in providing care to children with
14disabilities. The basic training course will also be made
15available on a voluntary basis to those providers who are
16exempt from the licensure requirements of this Act.
17    (b) The Department of Children and Family Services shall
18promulgate rules establishing the requirements for basic
19training 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,
23maternity centers, child welfare agencies, child day care
24centers, child day care agencies and group homes, the

 

 

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1Department, upon receiving application filed in proper order,
2shall examine the facilities and persons responsible for care
3of children therein.
4    (b) In respect to foster family and child day care homes,
5applications may be filed on behalf of such homes by a licensed
6child welfare agency, by a State agency authorized to place
7children in foster care or by out-of-State agencies approved
8by the Department to place children in this State. In respect
9to child day care homes, applications may be filed on behalf of
10such homes by a licensed child day care agency or licensed
11child welfare agency. In applying for license in behalf of a
12home in which children are placed by and remain under
13supervision of the applicant agency, such agency shall certify
14that the home and persons responsible for care of unrelated
15children therein, or the home and relatives, as defined in
16Section 2.17 of this Act, responsible for the care of related
17children therein, were found to be in reasonable compliance
18with standards prescribed by the Department for the type of
19care indicated.
20    (c) The Department shall not allow any person to examine
21facilities under a provision of this Act who has not passed an
22examination demonstrating that such person is familiar with
23this Act and with the appropriate standards and regulations of
24the Department.
25    (d) With the exception of child day care centers, child
26day care homes, and group child day care homes, licenses shall

 

 

SB1797- 345 -LRB103 03433 AMQ 48439 b

1be issued in such form and manner as prescribed by the
2Department and are valid for 4 years from the date issued,
3unless revoked by the Department or voluntarily surrendered by
4the licensee. Licenses issued for child day care centers,
5child day care homes, and group child day care homes shall be
6valid for 3 years from the date issued, unless revoked by the
7Department or voluntarily surrendered by the licensee. When a
8licensee has made timely and sufficient application for the
9renewal of a license or a new license with reference to any
10activity of a continuing nature, the existing license shall
11continue in full force and effect for up to 30 days until the
12final agency decision on the application has been made. The
13Department may further extend the period in which such
14decision must be made in individual cases for up to 30 days,
15but such extensions shall be only upon good cause shown.
16    (e) The Department may issue one 6-month permit to a newly
17established facility for child care to allow that facility
18reasonable time to become eligible for a full license. If the
19facility for child care is a foster family home, or child day
20care home the Department may issue one 2-month permit only.
21    (f) The Department may issue an emergency permit to a
22child care facility taking in children as a result of the
23temporary closure for more than 2 weeks of a licensed child
24care facility due to a natural disaster. An emergency permit
25under this subsection shall be issued to a facility only if the
26persons providing child care services at the facility were

 

 

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1employees of the temporarily closed child day care center at
2the time it was closed. No investigation of an employee of a
3child care facility receiving an emergency permit under this
4subsection shall be required if that employee has previously
5been investigated at another child care facility. No emergency
6permit issued under this subsection shall be valid for more
7than 90 days after the date of issuance.
8    (g) During the hours of operation of any licensed child
9care facility, authorized representatives of the Department
10may without notice visit the facility for the purpose of
11determining its continuing compliance with this Act or
12regulations adopted pursuant thereto.
13    (h) Child Day care centers, child day care homes, and
14group child day care homes shall be monitored at least
15annually by a licensing representative from the Department or
16the 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
21day care center, group home or child care institution as
22defined in this Act shall on a regular basis transport a child
23or children with any motor vehicle unless such vehicle is
24operated by a person who complies with the following
25requirements:

 

 

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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
22child care institutions may provide for transportation of a
23child or children for special outings, functions or purposes
24that are not scheduled on a regular basis without verification
25that drivers for such purposes meet the requirements of this
26Section.

 

 

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1    (a-5) As a means of ensuring compliance with the
2requirements set forth in subsection (a), the Department shall
3implement appropriate measures to verify that every individual
4who is employed at a group home or child care institution meets
5those requirements.
6    For every individual employed at a group home or child
7care institution who regularly transports children in the
8course of performing his or her duties, the Department must
9make the verification every 2 years. Upon the Department's
10request, the Secretary of State shall provide the Department
11with the information necessary to enable the Department to
12make the verifications required under subsection (a).
13    In the case of an individual employed at a group home or
14child care institution who becomes subject to subsection (a)
15for the first time after the effective date of this amendatory
16Act of the 94th General Assembly, the Department must make
17that verification with the Secretary of State before the
18individual operates a motor vehicle to transport a child or
19children under the circumstances described in subsection (a).
20    In the case of an individual employed at a group home or
21child care institution who is subject to subsection (a) on the
22effective date of this amendatory Act of the 94th General
23Assembly, the Department must make that verification with the
24Secretary of State within 30 days after that effective date.
25    If the Department discovers that an individual fails to
26meet the requirements set forth in subsection (a), the

 

 

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1Department shall promptly notify the appropriate group home or
2child care institution.
3    (b) Any individual who holds a valid Illinois school bus
4driver permit issued by the Secretary of State pursuant to The
5Illinois Vehicle Code, and who is currently employed by a
6school district or parochial school, or by a contractor with a
7school district or parochial school, to drive a school bus
8transporting children to and from school, shall be deemed in
9compliance with the requirements of subsection (a).
10    (c) The Department may, pursuant to Section 8 of this Act,
11revoke the license of any child day care center, group home or
12child care institution that fails to meet the requirements of
13this Section.
14    (d) A group home or child care institution that fails to
15meet the requirements of this Section is guilty of a petty
16offense and is subject to a fine of not more than $1,000. Each
17day that a group home or child care institution fails to meet
18the 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
22day care center, group home or child care institution as
23defined in this Act shall on a regular basis transport a child
24or children with any motor vehicle unless such vehicle is
25operated by a person who complies with the following

 

 

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1requirements:
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
23child care institutions may provide for transportation of a
24child or children for special outings, functions or purposes
25that are not scheduled on a regular basis without verification
26that drivers for such purposes meet the requirements of this

 

 

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1Section.
2    (a-5) As a means of ensuring compliance with the
3requirements set forth in subsection (a), the Department shall
4implement appropriate measures to verify that every individual
5who is employed at a group home or child care institution meets
6those requirements.
7    For every individual employed at a group home or child
8care institution who regularly transports children in the
9course of performing his or her duties, the Department must
10make the verification every 2 years. Upon the Department's
11request, the Secretary of State shall provide the Department
12with the information necessary to enable the Department to
13make the verifications required under subsection (a).
14    In the case of an individual employed at a group home or
15child care institution who becomes subject to subsection (a)
16for the first time after the effective date of this amendatory
17Act of the 94th General Assembly, the Department must make
18that verification with the Secretary of State before the
19individual operates a motor vehicle to transport a child or
20children under the circumstances described in subsection (a).
21    In the case of an individual employed at a group home or
22child care institution who is subject to subsection (a) on the
23effective date of this amendatory Act of the 94th General
24Assembly, the Department must make that verification with the
25Secretary of State within 30 days after that effective date.
26    If the Department discovers that an individual fails to

 

 

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1meet the requirements set forth in subsection (a), the
2Department shall promptly notify the appropriate group home or
3child care institution.
4    (b) Any individual who holds a valid Illinois school bus
5driver permit issued by the Secretary of State pursuant to The
6Illinois Vehicle Code, and who is currently employed by a
7school district or parochial school, or by a contractor with a
8school district or parochial school, to drive a school bus
9transporting children to and from school, shall be deemed in
10compliance with the requirements of subsection (a).
11    (c) The Department may, pursuant to Section 8 of this Act,
12revoke the license of any child day care center, group home or
13child care institution that fails to meet the requirements of
14this Section.
15    (d) A group home or child care institution that fails to
16meet the requirements of this Section is guilty of a petty
17offense and is subject to a fine of not more than $1,000. Each
18day that a group home or child care institution fails to meet
19the 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
23increase the affordability and availability of child day care,
24a child day care home licensed under this Act may allow any
25child it receives to bring his or her lunch for consumption

 

 

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1instead of or in addition to the lunch provided by the child
2day 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
24tobacco in any area of a child day care center.
25    (c) It is a violation of this Act for any person to smoke

 

 

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1tobacco in any area of a child day care home or group child day
2care home.
3    (d) It is a violation of this Act for any person
4responsible for the operation of a child day care center,
5child day care home, or group child day care home to knowingly
6allow or encourage any violation of subsection (b) or (c) of
7this 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
11child day care centers.
12    (a) Licensed child day care centers shall abide by the
13requirements of Sections 10.2 and 10.3 of the Structural Pest
14Control Act.
15    (b) Notification required pursuant to Section 10.3 of the
16Structural Pest Control Act may not be given more than 30 days
17before the application of the pesticide.
18    (c) Each licensed child day care center, subject to the
19requirements of Section 10.3 of the Structural Pest Control
20Act, must ensure that pesticides will not be applied when
21children are present at the center. Toys and other items
22mouthed or handled by the children must be removed from the
23area before pesticides are applied. Children must not return
24to the treated area within 2 hours after a pesticide
25application or as specified on the pesticide label, whichever

 

 

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1time is greater.
2    (d) The owners and operators of licensed child day care
3centers must ensure that lawn care products will not be
4applied to child day care center grounds when children are
5present at the center or on its grounds. For the purpose of
6this Section, "lawn care product" has the same meaning as that
7term is defined in the Lawn Care Products Application and
8Notice 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
12centers, licensed child day care homes, and licensed group
13child day care homes.
14    (a) Effective January 1, 2013, licensed child day care
15centers, licensed child day care homes, and licensed group
16child day care homes shall have the facility tested for radon
17at least once every 3 years pursuant to rules established by
18the Illinois Emergency Management Agency.
19    (b) Effective January 1, 2014, as part of an initial
20application or application for renewal of a license for child
21day care centers, child day care homes, and group child day
22care homes, the Department shall require proof the facility
23has been tested within the last 3 years for radon pursuant to
24rules established by the Illinois Emergency Management Agency.
25    (c) The report of the most current radon measurement shall

 

 

SB1797- 356 -LRB103 03433 AMQ 48439 b

1be posted in the facility next to the license issued by the
2Department. Copies of the report shall be provided to parents
3or guardians upon request.
4    (d) Included with the report referenced in subsection (c)
5shall 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
22centers, child day care homes and group child day care homes.
23    (a) On or before January 1, 2018, the Department, in
24consultation with the Department of Public Health, shall adopt
25rules that prescribe the procedures and standards to be used

 

 

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1by the Department in assessing levels of lead in water in
2licensed child day care centers, child day care homes, and
3group child day care homes constructed on or before January 1,
42000 that serve children under the age of 6. Such rules shall,
5at a minimum, include provisions regarding testing parameters,
6the notification of sampling results, training requirements
7for 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
10renewal of a license for child day care centers, child day care
11homes, and group child day care homes, the Department shall
12require proof that the applicant has complied with all such
13rules.
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
17with the purposes of this amendatory Act of the 100th General
18Assembly and the requirements therein under paragraph (7) of
19subsection (a) of Section 2-3.71 of the School Code, the
20Department, in consultation with the Governor's Office of
21Early Childhood Development and the State Board of Education,
22shall adopt rules prohibiting the use of expulsion due to a
23child's persistent and serious challenging behaviors in
24licensed child day care centers, child day care homes, and
25group child day care homes. The rulemaking shall address, at a

 

 

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1minimum, requirements for licensees to establish intervention
2and transition policies, notify parents of policies, document
3intervention steps, and collect and report data on children
4transitioning 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
8shall require each licensed child day care center, child day
9care home, and group child day care home to have a plan for
10anaphylactic shock to be followed for the prevention of
11anaphylaxis and during a medical emergency resulting from
12anaphylaxis. The plan should be based on the guidance and
13recommendations provided by the American Academy of Pediatrics
14relating to the management of food allergies or other
15allergies. The plan should be shared with parents or guardians
16upon enrollment at each licensed child day care center, child
17day care home, and group child day care home. If a child
18requires specific specialized treatment during an episode of
19anaphylaxis, that child's treatment plan should be kept by the
20staff of the child day care center, child day care home, or
21group child day care home and followed in the event of an
22emergency. Each licensed child day care center, child day care
23home, and group child day care home shall have at least one
24staff member present at all times who has taken a training
25course in recognizing and responding to anaphylaxis.

 

 

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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
4institution", "maternity center", "child welfare agency",
5"child day care agency" or "child day care center" must apply
6for renewal of its license held, the application to be made to
7the Department on forms prescribed by it.
8    (b) The Department, a duly licensed child welfare agency
9or a suitable agency or person designated by the Department as
10its agent to do so, must re-examine every child care facility
11for renewal of license, including in that process the
12examination of the premises and records of the facility as the
13Department considers necessary to determine that minimum
14standards for licensing continue to be met, and random surveys
15of parents or legal guardians who are consumers of such
16facilities' services to assess the quality of care at such
17facilities. In the case of foster family homes, or child day
18care homes under the supervision of or otherwise required to
19be licensed by the Department, or under supervision of a
20licensed child welfare agency or child day care agency, the
21examination shall be made by the Department, or agency
22supervising such homes. If the Department is satisfied that
23the facility continues to maintain minimum standards which it
24prescribes and publishes, it shall renew the license to
25operate the facility.

 

 

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1    (b-5) In the case of a quality of care concerns applicant
2as defined in Section 2.22a of this Act, in addition to the
3examination required in subsection (b) of this Section, the
4Department shall not renew the license of a quality of care
5concerns applicant unless the Department is satisfied that the
6foster family home does not pose a risk to children and that
7the foster family home will be able to meet the physical and
8emotional needs of children. In making this determination, the
9Department must obtain and carefully review all relevant
10documents and shall obtain consultation from its Clinical
11Division as appropriate and as prescribed by Department rule
12and procedure. The Department has the authority to deny an
13application for renewal based on a record of quality of care
14concerns. In the alternative, the Department may (i) approve
15the application for renewal subject to obtaining additional
16information or assessments, (ii) approve the application for
17renewal for purposes of placing or maintaining only a
18particular child or children only in the foster home, or (iii)
19approve the application for renewal. The Department shall
20notify the quality of care concerns applicant of its decision
21and the basis for its decision in writing.
22    (c) If a child care facility's license, other than a
23license for a foster family home, is revoked, or if the
24Department refuses to renew a facility's license, the facility
25may not reapply for a license before the expiration of 12
26months following the Department's action; provided, however,

 

 

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1that the denial of a reapplication for a license pursuant to
2this subsection must be supported by evidence that the prior
3revocation renders the applicant unqualified or incapable of
4satisfying the standards and rules promulgated by the
5Department pursuant to this Act or maintaining a facility
6which adheres to such standards and rules.
7    (d) If a foster family home license (i) is revoked, (ii) is
8surrendered for cause, or (iii) expires or is surrendered with
9either certain types of involuntary placement holds in place
10or while a licensing or child abuse or neglect investigation
11is pending, or if the Department refuses to renew a foster home
12license, the foster home may not reapply for a license before
13the expiration of 5 years following the Department's action or
14following 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
18minimum standards for licensing that apply to the various
19types of facilities for child care defined in this Act and that
20are equally applicable to like institutions under the control
21of the Department and to foster family homes used by and under
22the direct supervision of the Department. The Department shall
23seek the advice and assistance of persons representative of
24the various types of child care facilities in establishing
25such standards. The standards prescribed and published under

 

 

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1this Act take effect as provided in the Illinois
2Administrative Procedure Act, and are restricted to
3regulations pertaining to the following matters and to any
4rules and regulations required or permitted by any other
5Section 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

 

 

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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

 

 

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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

 

 

SB1797- 365 -LRB103 03433 AMQ 48439 b

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
15providers, licensed group child day care home providers, and
16licensed child day care center directors and classroom staff
17shall participate in at least one training that includes the
18topics of early childhood social emotional learning, infant
19and early childhood mental health, early childhood trauma, or
20adverse childhood experiences. Current licensed providers,
21directors, and classroom staff shall complete training by July
221, 2022 and shall participate in training that includes the
23above topics at least once every 3 years.
24    (b) If, in a facility for general child care, there are
25children diagnosed as mentally ill or children diagnosed as
26having an intellectual or physical disability, who are

 

 

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1determined to be in need of special mental treatment or of
2nursing care, or both mental treatment and nursing care, the
3Department shall seek the advice and recommendation of the
4Department of Human Services, the Department of Public Health,
5or both Departments regarding the residential treatment and
6nursing care provided by the institution.
7    (c) The Department shall investigate any person applying
8to be licensed as a foster parent to determine whether there is
9any evidence of current drug or alcohol abuse in the
10prospective foster family. The Department shall not license a
11person as a foster parent if drug or alcohol abuse has been
12identified in the foster family or if a reasonable suspicion
13of such abuse exists, except that the Department may grant a
14foster parent license to an applicant identified with an
15alcohol or drug problem if the applicant has successfully
16participated in an alcohol or drug treatment program,
17self-help group, or other suitable activities and if the
18Department determines that the foster family home can provide
19a safe, appropriate environment and meet the physical and
20emotional needs of children.
21    (d) The Department, in applying standards prescribed and
22published, as herein provided, shall offer consultation
23through employed staff or other qualified persons to assist
24applicants and licensees in meeting and maintaining minimum
25requirements for a license and to help them otherwise to
26achieve programs of excellence related to the care of children

 

 

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1served. Such consultation shall include providing information
2concerning education and training in early childhood
3development to providers of child day care home services. The
4Department may provide or arrange for such education and
5training for those providers who request such assistance.
6    (e) The Department shall distribute copies of licensing
7standards to all licensees and applicants for a license. Each
8licensee or holder of a permit shall distribute copies of the
9appropriate licensing standards and any other information
10required by the Department to child care facilities under its
11supervision. Each licensee or holder of a permit shall
12maintain appropriate documentation of the distribution of the
13standards. Such documentation shall be part of the records of
14the facility and subject to inspection by authorized
15representatives of the Department.
16    (f) The Department shall prepare summaries of child day
17care licensing standards. Each licensee or holder of a permit
18for a child day care facility shall distribute a copy of the
19appropriate summary and any other information required by the
20Department, to the legal guardian of each child cared for in
21that facility at the time when the child is enrolled or
22initially placed in the facility. The licensee or holder of a
23permit for a child day care facility shall secure appropriate
24documentation of the distribution of the summary and brochure.
25Such documentation shall be a part of the records of the
26facility and subject to inspection by an authorized

 

 

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1representative of the Department.
2    (g) The Department shall distribute to each licensee and
3holder of a permit copies of the licensing or permit standards
4applicable to such person's facility. Each licensee or holder
5of a permit shall make available by posting at all times in a
6common or otherwise accessible area a complete and current set
7of licensing standards in order that all employees of the
8facility may have unrestricted access to such standards. All
9employees of the facility shall have reviewed the standards
10and any subsequent changes. Each licensee or holder of a
11permit shall maintain appropriate documentation of the current
12review of licensing standards by all employees. Such records
13shall be part of the records of the facility and subject to
14inspection by authorized representatives of the Department.
15    (h) Any standards involving physical examinations,
16immunization, or medical treatment shall include appropriate
17exemptions for children whose parents object thereto on the
18grounds that they conflict with the tenets and practices of a
19recognized church or religious organization, of which the
20parent is an adherent or member, and for children who should
21not be subjected to immunization for clinical reasons.
22    (i) The Department, in cooperation with the Department of
23Public Health, shall work to increase immunization awareness
24and participation among parents of children enrolled in child
25day care centers and child day care homes by publishing on the
26Department's website information about the benefits of

 

 

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1immunization against vaccine preventable diseases, including
2influenza and pertussis. The information for vaccine
3preventable diseases shall include the incidence and severity
4of the diseases, the availability of vaccines, and the
5importance of immunizing children and persons who frequently
6have close contact with children. The website content shall be
7reviewed annually in collaboration with the Department of
8Public Health to reflect the most current recommendations of
9the Advisory Committee on Immunization Practices (ACIP). The
10Department shall work with child day care centers and child
11day care homes licensed under this Act to ensure that the
12information is annually distributed to parents in August or
13September.
14    (j) Any standard adopted by the Department that requires
15an applicant for a license to operate a child day care home to
16include a copy of a high school diploma or equivalent
17certificate with his or her application shall be deemed to be
18satisfied if the applicant includes a copy of a high school
19diploma or equivalent certificate or a copy of a degree from an
20accredited institution of higher education or vocational
21institution 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

 

 

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1licensing" or "child day care licensing" means licensing of
2child day care centers, child day care homes, and group child
3day care homes.
4    (b) No later than September 30th of each year, the
5Department shall provide the General Assembly with a
6comprehensive report on its progress in meeting performance
7measures 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;

 

 

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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

 

 

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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
10appointed Early Learning Council on issues related to and
11concerning 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
15child day care homes, and child day care centers; license
16status. No later than July 1, 2018, the Department shall
17establish and maintain on its official website a searchable
18database, freely accessible to the public, that provides the
19following information on each child day care home, group child
20day care home, and child day care center licensed by the
21Department: whether, within the past 5 years, the child day
22care home, group child day care home, or child day care center
23has had its license revoked by or surrendered to the
24Department during a child abuse or neglect investigation or
25its application for a renewal of its license was denied by the

 

 

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1Department, and, if so, the dates upon which the license was
2revoked by or surrendered to the Department or the application
3for a renewal of the license was denied by the Department. The
4Department may adopt any rules necessary to implement this
5Section. Nothing in this Section shall be construed to allow
6or authorize the Department to release or disclose any
7information that is prohibited from public disclosure under
8this 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.
12The Department of Children and Family Services shall establish
13and maintain a statewide toll-free telephone number that all
14persons may use to inquire about the past history and record of
15a child day care facility operating in this State. The past
16history and record shall include, but shall not be limited to,
17Department substantiated complaints against a child day care
18facility and Department staff findings of license violations
19by a child day care facility. Information disclosed in
20accordance with this Section shall be subject to the
21confidentiality 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.

 

 

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1    (a) In this Section, "advertise" means communication by
2any public medium originating or distributed in this State,
3including, but not limited to, newspapers, periodicals,
4telephone book listings, outdoor advertising signs, radio, or
5television.
6    (b) A child care facility or child welfare agency licensed
7or operating under a permit issued by the Department may
8publish advertisements for the services that the facility is
9specifically licensed or issued a permit under this Act to
10provide. A person, group of persons, agency, association,
11organization, corporation, institution, center, or group who
12advertises or causes to be published any advertisement
13offering, soliciting, or promising to perform adoption
14services as defined in Section 2.24 of this Act is guilty of a
15Class A misdemeanor and shall be subject to a fine not to
16exceed $10,000 or 9 months imprisonment for each
17advertisement, unless that person, group of persons, agency,
18association, organization, corporation, institution, center,
19or group is (i) licensed or operating under a permit issued by
20the Department as a child care facility or child welfare
21agency, (ii) a biological parent or a prospective adoptive
22parent acting on his or her own behalf, or (iii) a licensed
23attorney advertising his or her availability to provide legal
24services relating to adoption, as permitted by law.
25    (c) Every advertisement published after the effective date
26of this amendatory Act of the 94th General Assembly shall

 

 

SB1797- 375 -LRB103 03433 AMQ 48439 b

1include the Department-issued license number of the facility
2or agency.
3    (d) Any licensed child welfare agency providing adoption
4services that, after the effective date of this amendatory Act
5of the 94th General Assembly, causes to be published an
6advertisement containing reckless or intentional
7misrepresentations concerning adoption services or
8circumstances material to the placement of a child for
9adoption is guilty of a Class A misdemeanor and is subject to a
10fine not to exceed $10,000 or 9 months imprisonment for each
11advertisement.
12    (e) An out-of-state agency that is not licensed in
13Illinois and that has a written interagency agreement with one
14or more Illinois licensed child welfare agencies may advertise
15under this Section, provided that (i) the out-of-state agency
16must be officially recognized by the United States Internal
17Revenue Service as a tax-exempt organization under 501(c)(3)
18of the Internal Revenue Code of 1986 (or any successor
19provision of federal tax law), (ii) the out-of-state agency
20provides only international adoption services and is covered
21by the Intercountry Adoption Act of 2000, (iii) the
22out-of-state agency displays, in the advertisement, the
23license number of at least one of the Illinois licensed child
24welfare agencies with which it has a written agreement, and
25(iv) the advertisements pertain only to international adoption
26services. Subsection (d) of this Section shall apply to any

 

 

SB1797- 376 -LRB103 03433 AMQ 48439 b

1out-of-state agencies described in this subsection (e).
2    (f) An advertiser, publisher, or broadcaster, including,
3but not limited to, newspapers, periodicals, telephone book
4publishers, outdoor advertising signs, radio stations, or
5television stations, who knowingly or recklessly advertises or
6publishes any advertisement offering, soliciting, or promising
7to perform adoption services, as defined in Section 2.24 of
8this Act, on behalf of a person, group of persons, agency,
9association, organization, corporation, institution, center,
10or group, not authorized to advertise under subsection (b) or
11subsection (e) of this Section, is guilty of a Class A
12misdemeanor and is subject to a fine not to exceed $10,000 or 9
13months imprisonment for each advertisement.
14    (g) The Department shall maintain a website listing child
15welfare agencies licensed by the Department that provide
16adoption services and other general information for biological
17parents and adoptive parents. The website shall include, but
18not be limited to, agency addresses, phone numbers, e-mail
19addresses, website addresses, annual reports as referenced in
20Section 7.6 of this Act, agency license numbers, the Birth
21Parent Bill of Rights, the Adoptive Parents Bill of Rights,
22and the Department's complaint registry established under
23Section 9.1a of this Act. The Department shall adopt any rules
24necessary to implement this Section.
25    (h) Nothing in this Act shall prohibit a child day care
26agency, child day care center, child day care home, or group

 

 

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1child day care home that does not provide or perform adoption
2services, as defined in Section 2.24 of this Act, from
3advertising or marketing the child day care agency, child day
4care 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
7changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as
8follows:
 
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
12exists and may in the future exist within the State of Illinois
13locations where pesticides are received, stored, formulated or
14prepared and subsequently used for the control of structural
15pests, and improper selection, formulation and application of
16pesticides may adversely affect the public health and general
17welfare.
18    It is further established that the use of certain
19pesticides is restricted or may in the future be restricted to
20use only by or under the supervision of persons certified in
21accordance with this Act.
22    It is recognized that pests can best be controlled through
23an integrated pest management program that combines preventive
24techniques, nonchemical pest control methods, and the

 

 

SB1797- 378 -LRB103 03433 AMQ 48439 b

1appropriate use of pesticides with preference for products
2that are the least harmful to human health and the
3environment. Integrated pest management is a good practice in
4the management of pest populations, and it is prudent to
5employ pest control strategies that are the least hazardous to
6human health and the environment.
7    Therefore, the purpose of this Act is to protect, promote
8and preserve the public health and general welfare by
9providing for the establishment of minimum standards for
10selection, formulation and application of restricted
11pesticides and to provide for the licensure of commercial
12structural pest control businesses, the registration of
13persons who own or operate non-commercial structural pest
14control locations where restricted pesticides are used, and
15the certification of pest control technicians.
16    It is also the purpose of this Act to reduce economic,
17health, and environmental risks by promoting the use of
18integrated pest management for structural pest control in
19schools and child day care centers, by making guidelines on
20integrated pest management available to schools and child day
21care centers.
22(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
23eff. 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)

 

 

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1    Sec. 3.03. "Person" means any individual, group of
2individuals, association, trust, partnership, corporation,
3person doing business under an assumed name, the State of
4Illinois, or department thereof, any other state-owned and
5operated institution, public school, licensed child day care
6center, or any other entity.
7(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
896-1362, 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
12used 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,
14eff. 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;
18notification; training of designated persons; request for
19copies.
20    (a) The Department shall prepare guidelines for an
21integrated pest management program for structural pest control
22practices at school buildings and other school facilities and
23child day care centers. Such guidelines shall be made
24available to schools, child day care centers and the public

 

 

SB1797- 380 -LRB103 03433 AMQ 48439 b

1upon request.
2    (b) When economically feasible, each school and child day
3care center is required to develop and implement an integrated
4pest management program that incorporates the guidelines
5developed by the Department. Each school and child day care
6center must notify the Department, within one year after the
7effective date of this amendatory Act of the 95th General
8Assembly and every 5 years thereafter, on forms provided by
9the Department that the school or child day care center has
10developed and is implementing an integrated pest management
11program. In implementing an integrated pest management
12program, a school or child day care center must assign a
13designated person to assume responsibility for the oversight
14of pest management practices in that school or child day care
15center and for recordkeeping requirements.
16    (b-1) If adopting an integrated pest management program is
17not economically feasible because such adoption would result
18in an increase in the pest control costs of the school or child
19day care center, the school or child day care center must
20provide, within one year after the effective date of this
21amendatory Act of the 95th General Assembly and every 5 years
22thereafter, written notification to the Department, on forms
23provided by the Department, that the development and
24implementation of an integrated pest management program is not
25economically feasible. The notification must include projected
26pest control costs for the term of the pest control program and

 

 

SB1797- 381 -LRB103 03433 AMQ 48439 b

1projected costs for implementing an integrated pest management
2program for that same time period.
3    (b-2) Each school or child day care center that provides
4written notification to the Department that the adoption of an
5integrated pest management program is not economically
6feasible pursuant to subsection (b-1) of this Section must
7have its designated person attend a training course on
8integrated pest management within one year after the effective
9date of this amendatory Act of the 95th General Assembly, and
10every 5 years thereafter until an integrated pest management
11program is developed and implemented in the school or child
12day care center. The training course shall be approved by the
13Department in accordance with the minimum standards
14established by the Department under this Act.
15    (b-3) Each school and child day care center shall ensure
16that all parents, guardians, and employees are notified at
17least once each school year that the notification requirements
18established by this Section have been met. The school and
19child day care center shall keep copies of all notifications
20required by this Section and any written integrated pest
21management program plan developed in accordance with this
22Section and make these copies available for public inspection
23at the school or child day care center.
24    (c) The Structural Pest Control Advisory Council shall
25assist the Department in developing the guidelines for
26integrated pest management programs. In developing the

 

 

SB1797- 382 -LRB103 03433 AMQ 48439 b

1guidelines, the Council shall consult with individuals
2knowledgeable in the area of integrated pest management.
3    (d) The Department, with the assistance of the Cooperative
4Extension Service and other relevant agencies, may prepare a
5training program for school or child day care center pest
6control specialists.
7    (e) The Department may request copies of a school's or
8child day care center's integrated pest management program
9plan and notification required by this Act and offer
10assistance and training to schools and child day care centers
11on integrated pest management programs.
12    (f) The requirements of this Section are subject to
13appropriation to the Department for the implementation of
14integrated pest management programs.
15(Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786,
16eff. 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
20care centers must maintain a registry of parents and guardians
21of students and employees who have registered to receive
22written or telephonic notification prior to application of
23pesticides to school property or child day care centers or
24provide written or telephonic notification to all parents and
25guardians of students before such pesticide application.

 

 

SB1797- 383 -LRB103 03433 AMQ 48439 b

1Written notification may be included in newsletters,
2bulletins, calendars, or other correspondence currently
3published by the school district or child day care center. The
4written or telephonic notification must be given at least 2
5business days before application of the pesticide application
6and should identify the intended date of the application of
7the pesticide and the name and telephone contact number for
8the school or child day care center personnel responsible for
9the pesticide application program. Prior notice shall not be
10required if there is an imminent threat to health or property.
11If such a situation arises, the appropriate school or child
12day care center personnel must sign a statement describing the
13circumstances that gave rise to the health threat and ensure
14that written or telephonic notice is provided as soon as
15practicable. For purposes of this Section, pesticides subject
16to notification requirements shall not include (i) an
17antimicrobial agent, such as disinfectant, sanitizer, or
18deodorizer, or (ii) insecticide baits and rodenticide baits.
19(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
20eff. 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
24empowered to assess administrative civil fines in accordance
25with Section 15 of this Act against a licensee, registrant,

 

 

SB1797- 384 -LRB103 03433 AMQ 48439 b

1certified technician, person, public school, licensed child
2day care center, or other entity for violations of this Act or
3its rules and regulations. These fines shall be established by
4the Department by rule and may be assessed in addition to, or
5in lieu of, license, registration, or certification
6suspensions and revocations.
7    Any fine assessed and not paid within 60 days after
8receiving notice from the Department may be submitted to the
9Attorney General's Office, or any other public or private
10agency, for collection of the amounts owed plus any fees and
11costs incurred during the collection process. Failure to pay a
12fine shall also be grounds for immediate suspension or
13revocation of a license, registration, or certification issued
14under this Act.
15(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08;
1696-1362, eff. 7-28-10.)
 
17    Section 190. The Liquor Control Act of 1934 is amended by
18changing 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
21in any building belonging to or under the control of the State
22or any political subdivision thereof except as provided in
23this Act. The corporate authorities of any city, village,
24incorporated town, township, or county may provide by

 

 

SB1797- 385 -LRB103 03433 AMQ 48439 b

1ordinance, however, that alcoholic liquor may be sold or
2delivered in any specifically designated building belonging to
3or under the control of the municipality, township, or county,
4or in any building located on land under the control of the
5municipality, township, or county; provided that such township
6or county complies with all applicable local ordinances in any
7incorporated area of the township or county. Alcoholic liquor
8may be delivered to and sold under the authority of a special
9use permit on any property owned by a conservation district
10organized under the Conservation District Act, provided that
11(i) the alcoholic liquor is sold only at an event authorized by
12the governing board of the conservation district, (ii) the
13issuance of the special use permit is authorized by the local
14liquor control commissioner of the territory in which the
15property is located, and (iii) the special use permit
16authorizes the sale of alcoholic liquor for one day or less.
17Alcoholic liquors may be delivered to and sold at any airport
18belonging to or under the control of a municipality of more
19than 25,000 inhabitants, or in any building or on any golf
20course owned by a park district organized under the Park
21District Code, subject to the approval of the governing board
22of the district, or in any building or on any golf course owned
23by a forest preserve district organized under the Downstate
24Forest Preserve District Act, subject to the approval of the
25governing board of the district, or on the grounds within 500
26feet of any building owned by a forest preserve district

 

 

SB1797- 386 -LRB103 03433 AMQ 48439 b

1organized under the Downstate Forest Preserve District Act
2during times when food is dispensed for consumption within 500
3feet of the building from which the food is dispensed, subject
4to the approval of the governing board of the district, or in a
5building owned by a Local Mass Transit District organized
6under the Local Mass Transit District Act, subject to the
7approval of the governing Board of the District, or in
8Bicentennial Park, or on the premises of the City of Mendota
9Lake Park located adjacent to Route 51 in Mendota, Illinois,
10or on the premises of Camden Park in Milan, Illinois, or in the
11community center owned by the City of Loves Park that is
12located at 1000 River Park Drive in Loves Park, Illinois, or,
13in connection with the operation of an established food
14serving facility during times when food is dispensed for
15consumption on the premises, and at the following aquarium and
16museums located in public parks: Art Institute of Chicago,
17Chicago Academy of Sciences, Chicago Historical Society, Field
18Museum of Natural History, Museum of Science and Industry,
19DuSable Museum of African American History, John G. Shedd
20Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
21and Sciences in Peoria, or in connection with the operation of
22the facilities of the Chicago Zoological Society or the
23Chicago Horticultural Society on land owned by the Forest
24Preserve District of Cook County, or on any land used for a
25golf course or for recreational purposes owned by the Forest
26Preserve District of Cook County, subject to the control of

 

 

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1the Forest Preserve District Board of Commissioners and
2applicable local law, provided that dram shop liability
3insurance is provided at maximum coverage limits so as to hold
4the District harmless from all financial loss, damage, and
5harm, or in any building located on land owned by the Chicago
6Park District if approved by the Park District Commissioners,
7or on any land used for a golf course or for recreational
8purposes and owned by the Illinois International Port District
9if approved by the District's governing board, or at any
10airport, golf course, faculty center, or facility in which
11conference and convention type activities take place belonging
12to or under control of any State university or public
13community college district, provided that with respect to a
14facility for conference and convention type activities
15alcoholic liquors shall be limited to the use of the
16convention or conference participants or participants in
17cultural, political or educational activities held in such
18facilities, and provided further that the faculty or staff of
19the State university or a public community college district,
20or members of an organization of students, alumni, faculty or
21staff of the State university or a public community college
22district are active participants in the conference or
23convention, or in Memorial Stadium on the campus of the
24University of Illinois at Urbana-Champaign during games in
25which the Chicago Bears professional football team is playing
26in that stadium during the renovation of Soldier Field, not

 

 

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1more than one and a half hours before the start of the game and
2not after the end of the third quarter of the game, or in the
3Pavilion Facility on the campus of the University of Illinois
4at Chicago during games in which the Chicago Storm
5professional soccer team is playing in that facility, not more
6than one and a half hours before the start of the game and not
7after the end of the third quarter of the game, or in the
8Pavilion Facility on the campus of the University of Illinois
9at Chicago during games in which the WNBA professional women's
10basketball team is playing in that facility, not more than one
11and a half hours before the start of the game and not after the
1210-minute mark of the second half of the game, or by a catering
13establishment which has rented facilities from a board of
14trustees of a public community college district, or in a
15restaurant that is operated by a commercial tenant in the
16North Campus Parking Deck building that (1) is located at 1201
17West University Avenue, Urbana, Illinois and (2) is owned by
18the Board of Trustees of the University of Illinois, or, if
19approved by the District board, on land owned by the
20Metropolitan Sanitary District of Greater Chicago and leased
21to others for a term of at least 20 years. Nothing in this
22Section precludes the sale or delivery of alcoholic liquor in
23the form of original packaged goods in premises located at 500
24S. Racine in Chicago belonging to the University of Illinois
25and used primarily as a grocery store by a commercial tenant
26during the term of a lease that predates the University's

 

 

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1acquisition of the premises; but the University shall have no
2power or authority to renew, transfer, or extend the lease
3with terms allowing the sale of alcoholic liquor; and the sale
4of alcoholic liquor shall be subject to all local laws and
5regulations. After the acquisition by Winnebago County of the
6property located at 404 Elm Street in Rockford, a commercial
7tenant who sold alcoholic liquor at retail on a portion of the
8property under a valid license at the time of the acquisition
9may continue to do so for so long as the tenant and the County
10may agree under existing or future leases, subject to all
11local laws and regulations regarding the sale of alcoholic
12liquor. Alcoholic liquors may be delivered to and sold at
13Memorial Hall, located at 211 North Main Street, Rockford,
14under conditions approved by Winnebago County and subject to
15all local laws and regulations regarding the sale of alcoholic
16liquor. Each facility shall provide dram shop liability in
17maximum insurance coverage limits so as to save harmless the
18State, municipality, State university, airport, golf course,
19faculty center, facility in which conference and convention
20type activities take place, park district, Forest Preserve
21District, public community college district, aquarium, museum,
22or sanitary district from all financial loss, damage or harm.
23Alcoholic liquors may be sold at retail in buildings of golf
24courses owned by municipalities or Illinois State University
25in connection with the operation of an established food
26serving facility during times when food is dispensed for

 

 

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1consumption upon the premises. Alcoholic liquors may be
2delivered to and sold at retail in any building owned by a fire
3protection district organized under the Fire Protection
4District Act, provided that such delivery and sale is approved
5by the board of trustees of the district, and provided further
6that such delivery and sale is limited to fundraising events
7and to a maximum of 6 events per year. However, the limitation
8to fundraising events and to a maximum of 6 events per year
9does not apply to the delivery, sale, or manufacture of
10alcoholic liquors at the building located at 59 Main Street in
11Oswego, Illinois, owned by the Oswego Fire Protection District
12if the alcoholic liquor is sold or dispensed as approved by the
13Oswego Fire Protection District and the property is no longer
14being utilized for fire protection purposes.
15    Alcoholic liquors may be served or sold in buildings under
16the control of the Board of Trustees of the University of
17Illinois for events that the Board may determine are public
18events and not related student activities. The Board of
19Trustees shall issue a written policy within 6 months of
20August 15, 2008 (the effective date of Public Act 95-847)
21concerning the types of events that would be eligible for an
22exemption. Thereafter, the Board of Trustees may issue
23revised, updated, new, or amended policies as it deems
24necessary and appropriate. In preparing its written policy,
25the Board of Trustees shall, among other factors it considers
26relevant and important, give consideration to the following:

 

 

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1(i) whether the event is a student activity or student related
2activity; (ii) whether the physical setting of the event is
3conducive to control of liquor sales and distribution; (iii)
4the ability of the event operator to ensure that the sale or
5serving of alcoholic liquors and the demeanor of the
6participants are in accordance with State law and University
7policies; (iv) regarding the anticipated attendees at the
8event, the relative proportion of individuals under the age of
921 to individuals age 21 or older; (v) the ability of the venue
10operator to prevent the sale or distribution of alcoholic
11liquors to individuals under the age of 21; (vi) whether the
12event prohibits participants from removing alcoholic beverages
13from the venue; and (vii) whether the event prohibits
14participants from providing their own alcoholic liquors to the
15venue. In addition, any policy submitted by the Board of
16Trustees to the Illinois Liquor Control Commission must
17require that any event at which alcoholic liquors are served
18or sold in buildings under the control of the Board of Trustees
19shall require the prior written approval of the Office of the
20Chancellor for the University campus where the event is
21located. The Board of Trustees shall submit its policy, and
22any subsequently revised, updated, new, or amended policies,
23to the Illinois Liquor Control Commission, and any University
24event, or location for an event, exempted under such policies
25shall apply for a license under the applicable Sections of
26this Act.

 

 

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1    Alcoholic liquors may be served or sold in buildings under
2the control of the Board of Trustees of Northern Illinois
3University for events that the Board may determine are public
4events and not student-related activities. The Board of
5Trustees shall issue a written policy within 6 months after
6June 28, 2011 (the effective date of Public Act 97-45)
7concerning the types of events that would be eligible for an
8exemption. Thereafter, the Board of Trustees may issue
9revised, updated, new, or amended policies as it deems
10necessary and appropriate. In preparing its written policy,
11the Board of Trustees shall, in addition to other factors it
12considers relevant and important, give consideration to the
13following: (i) whether the event is a student activity or
14student-related activity; (ii) whether the physical setting of
15the event is conducive to control of liquor sales and
16distribution; (iii) the ability of the event operator to
17ensure that the sale or serving of alcoholic liquors and the
18demeanor of the participants are in accordance with State law
19and University policies; (iv) the anticipated attendees at the
20event and the relative proportion of individuals under the age
21of 21 to individuals age 21 or older; (v) the ability of the
22venue operator to prevent the sale or distribution of
23alcoholic liquors to individuals under the age of 21; (vi)
24whether the event prohibits participants from removing
25alcoholic beverages from the venue; and (vii) whether the
26event prohibits participants from providing their own

 

 

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1alcoholic liquors to the venue.
2    Alcoholic liquors may be served or sold in buildings under
3the control of the Board of Trustees of Chicago State
4University for events that the Board may determine are public
5events and not student-related activities. The Board of
6Trustees shall issue a written policy within 6 months after
7August 2, 2013 (the effective date of Public Act 98-132)
8concerning the types of events that would be eligible for an
9exemption. Thereafter, the Board of Trustees may issue
10revised, updated, new, or amended policies as it deems
11necessary and appropriate. In preparing its written policy,
12the Board of Trustees shall, in addition to other factors it
13considers relevant and important, give consideration to the
14following: (i) whether the event is a student activity or
15student-related activity; (ii) whether the physical setting of
16the event is conducive to control of liquor sales and
17distribution; (iii) the ability of the event operator to
18ensure that the sale or serving of alcoholic liquors and the
19demeanor of the participants are in accordance with State law
20and University policies; (iv) the anticipated attendees at the
21event and the relative proportion of individuals under the age
22of 21 to individuals age 21 or older; (v) the ability of the
23venue operator to prevent the sale or distribution of
24alcoholic liquors to individuals under the age of 21; (vi)
25whether the event prohibits participants from removing
26alcoholic beverages from the venue; and (vii) whether the

 

 

SB1797- 394 -LRB103 03433 AMQ 48439 b

1event prohibits participants from providing their own
2alcoholic liquors to the venue.
3    Alcoholic liquors may be served or sold in buildings under
4the control of the Board of Trustees of Illinois State
5University for events that the Board may determine are public
6events and not student-related activities. The Board of
7Trustees shall issue a written policy within 6 months after
8March 1, 2013 (the effective date of Public Act 97-1166)
9concerning the types of events that would be eligible for an
10exemption. Thereafter, the Board of Trustees may issue
11revised, updated, new, or amended policies as it deems
12necessary and appropriate. In preparing its written policy,
13the Board of Trustees shall, in addition to other factors it
14considers relevant and important, give consideration to the
15following: (i) whether the event is a student activity or
16student-related activity; (ii) whether the physical setting of
17the event is conducive to control of liquor sales and
18distribution; (iii) the ability of the event operator to
19ensure that the sale or serving of alcoholic liquors and the
20demeanor of the participants are in accordance with State law
21and University policies; (iv) the anticipated attendees at the
22event and the relative proportion of individuals under the age
23of 21 to individuals age 21 or older; (v) the ability of the
24venue operator to prevent the sale or distribution of
25alcoholic liquors to individuals under the age of 21; (vi)
26whether the event prohibits participants from removing

 

 

SB1797- 395 -LRB103 03433 AMQ 48439 b

1alcoholic beverages from the venue; and (vii) whether the
2event prohibits participants from providing their own
3alcoholic liquors to the venue.
4    Alcoholic liquors may be served or sold in buildings under
5the control of the Board of Trustees of Southern Illinois
6University for events that the Board may determine are public
7events and not student-related activities. The Board of
8Trustees shall issue a written policy within 6 months after
9August 12, 2016 (the effective date of Public Act 99-795)
10concerning the types of events that would be eligible for an
11exemption. Thereafter, the Board of Trustees may issue
12revised, updated, new, or amended policies as it deems
13necessary and appropriate. In preparing its written policy,
14the Board of Trustees shall, in addition to other factors it
15considers relevant and important, give consideration to the
16following: (i) whether the event is a student activity or
17student-related activity; (ii) whether the physical setting of
18the event is conducive to control of liquor sales and
19distribution; (iii) the ability of the event operator to
20ensure that the sale or serving of alcoholic liquors and the
21demeanor of the participants are in accordance with State law
22and University policies; (iv) the anticipated attendees at the
23event and the relative proportion of individuals under the age
24of 21 to individuals age 21 or older; (v) the ability of the
25venue operator to prevent the sale or distribution of
26alcoholic liquors to individuals under the age of 21; (vi)

 

 

SB1797- 396 -LRB103 03433 AMQ 48439 b

1whether the event prohibits participants from removing
2alcoholic beverages from the venue; and (vii) whether the
3event prohibits participants from providing their own
4alcoholic liquors to the venue.
5    Alcoholic liquors may be served or sold in buildings under
6the control of the Board of Trustees of a public university for
7events that the Board of Trustees of that public university
8may determine are public events and not student-related
9activities. If the Board of Trustees of a public university
10has not issued a written policy pursuant to an exemption under
11this Section on or before July 15, 2016 (the effective date of
12Public Act 99-550), then that Board of Trustees shall issue a
13written policy within 6 months after July 15, 2016 (the
14effective date of Public Act 99-550) concerning the types of
15events that would be eligible for an exemption. Thereafter,
16the Board of Trustees may issue revised, updated, new, or
17amended policies as it deems necessary and appropriate. In
18preparing its written policy, the Board of Trustees shall, in
19addition to other factors it considers relevant and important,
20give consideration to the following: (i) whether the event is
21a student activity or student-related activity; (ii) whether
22the physical setting of the event is conducive to control of
23liquor sales and distribution; (iii) the ability of the event
24operator to ensure that the sale or serving of alcoholic
25liquors and the demeanor of the participants are in accordance
26with State law and University policies; (iv) the anticipated

 

 

SB1797- 397 -LRB103 03433 AMQ 48439 b

1attendees at the event and the relative proportion of
2individuals under the age of 21 to individuals age 21 or older;
3(v) the ability of the venue operator to prevent the sale or
4distribution of alcoholic liquors to individuals under the age
5of 21; (vi) whether the event prohibits participants from
6removing alcoholic beverages from the venue; and (vii) whether
7the event prohibits participants from providing their own
8alcoholic liquors to the venue. As used in this paragraph,
9"public university" means the University of Illinois, Illinois
10State University, Chicago State University, Governors State
11University, Southern Illinois University, Northern Illinois
12University, Eastern Illinois University, Western Illinois
13University, and Northeastern Illinois University.
14    Alcoholic liquors may be served or sold in buildings under
15the control of the Board of Trustees of a community college
16district for events that the Board of Trustees of that
17community college district may determine are public events and
18not student-related activities. The Board of Trustees shall
19issue a written policy within 6 months after July 15, 2016 (the
20effective date of Public Act 99-550) concerning the types of
21events that would be eligible for an exemption. Thereafter,
22the Board of Trustees may issue revised, updated, new, or
23amended policies as it deems necessary and appropriate. In
24preparing its written policy, the Board of Trustees shall, in
25addition to other factors it considers relevant and important,
26give consideration to the following: (i) whether the event is

 

 

SB1797- 398 -LRB103 03433 AMQ 48439 b

1a student activity or student-related activity; (ii) whether
2the physical setting of the event is conducive to control of
3liquor sales and distribution; (iii) the ability of the event
4operator to ensure that the sale or serving of alcoholic
5liquors and the demeanor of the participants are in accordance
6with State law and community college district policies; (iv)
7the anticipated attendees at the event and the relative
8proportion of individuals under the age of 21 to individuals
9age 21 or older; (v) the ability of the venue operator to
10prevent the sale or distribution of alcoholic liquors to
11individuals under the age of 21; (vi) whether the event
12prohibits participants from removing alcoholic beverages from
13the venue; and (vii) whether the event prohibits participants
14from providing their own alcoholic liquors to the venue. This
15paragraph does not apply to any community college district
16authorized to sell or serve alcoholic liquor under any other
17provision of this Section.
18    Alcoholic liquor may be delivered to and sold at retail in
19the Dorchester Senior Business Center owned by the Village of
20Dolton if the alcoholic liquor is sold or dispensed only in
21connection with organized functions for which the planned
22attendance is 20 or more persons, and if the person or facility
23selling or dispensing the alcoholic liquor has provided dram
24shop liability insurance in maximum limits so as to hold
25harmless the Village of Dolton and the State from all
26financial loss, damage and harm.

 

 

SB1797- 399 -LRB103 03433 AMQ 48439 b

1    Alcoholic liquors may be delivered to and sold at retail
2in 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
16in 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

 

 

SB1797- 400 -LRB103 03433 AMQ 48439 b

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
6belonging to or under the control of any city, village or
7incorporated town where more than 75% of the physical
8properties of the building is used for commercial or
9recreational purposes, and the building is located upon a pier
10extending into or over the waters of a navigable lake or stream
11or on the shore of a navigable lake or stream. In accordance
12with a license issued under this Act, alcoholic liquor may be
13sold, served, or delivered in buildings and facilities under
14the control of the Department of Natural Resources during
15events or activities lasting no more than 7 continuous days
16upon the written approval of the Director of Natural Resources
17acting as the controlling government authority. The Director
18of Natural Resources may specify conditions on that approval,
19including but not limited to requirements for insurance and
20hours of operation. Notwithstanding any other provision of
21this Act, alcoholic liquor sold by a United States Army Corps
22of Engineers or Department of Natural Resources concessionaire
23who was operating on June 1, 1991 for on-premises consumption
24only is not subject to the provisions of Articles IV and IX.
25Beer and wine may be sold on the premises of the Joliet Park
26District Stadium owned by the Joliet Park District when

 

 

SB1797- 401 -LRB103 03433 AMQ 48439 b

1written consent to the issuance of a license to sell beer and
2wine in such premises is filed with the local liquor
3commissioner by the Joliet Park District. Beer and wine may be
4sold in buildings on the grounds of State veterans' homes when
5written consent to the issuance of a license to sell beer and
6wine in such buildings is filed with the Commission by the
7Department of Veterans' Affairs, and the facility shall
8provide dram shop liability in maximum insurance coverage
9limits so as to save the facility harmless from all financial
10loss, damage or harm. Such liquors may be delivered to and sold
11at any property owned or held under lease by a Metropolitan
12Pier and Exposition Authority or Metropolitan Exposition and
13Auditorium Authority.
14    Beer and wine may be sold and dispensed at professional
15sporting events and at professional concerts and other
16entertainment events conducted on premises owned by the Forest
17Preserve District of Kane County, subject to the control of
18the District Commissioners and applicable local law, provided
19that dram shop liability insurance is provided at maximum
20coverage limits so as to hold the District harmless from all
21financial loss, damage and harm.
22    Nothing in this Section shall preclude the sale or
23delivery of beer and wine at a State or county fair or the sale
24or delivery of beer or wine at a city fair in any otherwise
25lawful manner.
26    Alcoholic liquors may be sold at retail in buildings in

 

 

SB1797- 402 -LRB103 03433 AMQ 48439 b

1State parks under the control of the Department of Natural
2Resources, 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
15properties under the control of the Division of Historic
16Preservation of the Department of Natural Resources or the
17Abraham 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

 

 

SB1797- 403 -LRB103 03433 AMQ 48439 b

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
5does not authorize the establishment and operation of
6facilities commonly called taverns, saloons, bars, cocktail
7lounges, and the like except as a part of lodge and restaurant
8facilities in State parks or golf courses owned by Forest
9Preserve Districts with a population of less than 3,000,000 or
10municipalities or park districts.
11    Alcoholic liquors may be sold at retail in the Springfield
12Administration Building of the Department of Transportation
13and the Illinois State Armory in Springfield; provided, that
14the controlling government authority may consent to such sales
15only 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

 

 

SB1797- 404 -LRB103 03433 AMQ 48439 b

1recreational areas of river conservancy districts under the
2control of, or leased from, the river conservancy districts.
3Such sales are subject to reasonable local regulations as
4provided in Article IV; however, no such regulations may
5prohibit or substantially impair the sale of alcoholic liquors
6on Sundays or Holidays.
7    Alcoholic liquors may be provided in long term care
8facilities owned or operated by a county under Division 5-21
9or 5-22 of the Counties Code, when approved by the facility
10operator and not in conflict with the regulations of the
11Illinois Department of Public Health, to residents of the
12facility who have had their consumption of the alcoholic
13liquors provided approved in writing by a physician licensed
14to practice medicine in all its branches.
15    Alcoholic liquors may be delivered to and dispensed in
16State housing assigned to employees of the Department of
17Corrections. No person shall furnish or allow to be furnished
18any alcoholic liquors to any prisoner confined in any jail,
19reformatory, prison or house of correction except upon a
20physician's prescription for medicinal purposes.
21    Alcoholic liquors may be sold at retail or dispensed at
22the Willard Ice Building in Springfield, at the State Library
23in Springfield, and at Illinois State Museum facilities by (1)
24an agency of the State, whether legislative, judicial or
25executive, provided that such agency first obtains written
26permission to sell or dispense alcoholic liquors from the

 

 

SB1797- 405 -LRB103 03433 AMQ 48439 b

1controlling government authority, or by (2) a not-for-profit
2organization, 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
17organization or agency of the State from employing the
18services of a catering establishment for the selling or
19dispensing of alcoholic liquors at authorized functions.
20    The controlling government authority for the Willard Ice
21Building in Springfield shall be the Director of the
22Department of Revenue. The controlling government authority
23for Illinois State Museum facilities shall be the Director of
24the Illinois State Museum. The controlling government
25authority for the State Library in Springfield shall be the
26Secretary of State.

 

 

SB1797- 406 -LRB103 03433 AMQ 48439 b

1    Alcoholic liquors may be delivered to and sold at retail
2or dispensed at any facility, property or building under the
3jurisdiction of the Division of Historic Preservation of the
4Department of Natural Resources or the Abraham Lincoln
5Presidential Library and Museum where the delivery, sale or
6dispensing is by (1) an agency of the State, whether
7legislative, judicial or executive, provided that such agency
8first obtains written permission to sell or dispense alcoholic
9liquors from a controlling government authority, or by (2) an
10individual or organization provided that such individual or
11organization:
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.

 

 

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1    The controlling government authority for the Division of
2Historic Preservation of the Department of Natural Resources
3shall be the Director of Natural Resources, and the
4controlling government authority for the Abraham Lincoln
5Presidential Library and Museum shall be the Executive
6Director of the Abraham Lincoln Presidential Library and
7Museum.
8    Alcoholic liquors may be delivered to and sold at retail
9or dispensed for consumption at the Michael Bilandic Building
10at 160 North LaSalle Street, Chicago IL 60601, after the
11normal business hours of any child day care or child care
12facility located in the building, by (1) a commercial tenant
13or subtenant conducting business on the premises under a lease
14made pursuant to Section 405-315 of the Department of Central
15Management Services Law (20 ILCS 405/405-315), provided that
16such tenant or subtenant who accepts delivery of, sells, or
17dispenses alcoholic liquors shall procure and maintain dram
18shop liability insurance in maximum coverage limits and in
19which the carrier agrees to defend, indemnify, and save
20harmless the State of Illinois from all financial loss,
21damage, or harm arising out of the delivery, sale, or
22dispensing of alcoholic liquors, or by (2) an agency of the
23State, whether legislative, judicial, or executive, provided
24that such agency first obtains written permission to accept
25delivery of and sell or dispense alcoholic liquors from the
26Director of Central Management Services, or by (3) a

 

 

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1not-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
17organization or agency of the State from employing the
18services of a catering establishment for the selling or
19dispensing of alcoholic liquors at functions authorized by the
20Director of Central Management Services.
21    Alcoholic liquors may be sold at retail or dispensed at
22the James R. Thompson Center in Chicago, subject to the
23provisions of Section 7.4 of the State Property Control Act,
24and 222 South College Street in Springfield, Illinois by (1) a
25commercial tenant or subtenant conducting business on the
26premises under a lease or sublease made pursuant to Section

 

 

SB1797- 409 -LRB103 03433 AMQ 48439 b

1405-315 of the Department of Central Management Services Law
2(20 ILCS 405/405-315), provided that such tenant or subtenant
3who sells or dispenses alcoholic liquors shall procure and
4maintain dram shop liability insurance in maximum coverage
5limits and in which the carrier agrees to defend, indemnify
6and save harmless the State of Illinois from all financial
7loss, damage or harm arising out of the sale or dispensing of
8alcoholic liquors, or by (2) an agency of the State, whether
9legislative, judicial or executive, provided that such agency
10first obtains written permission to sell or dispense alcoholic
11liquors from the Director of Central Management Services, or
12by (3) a not-for-profit organization, provided that such
13organization:
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.

 

 

SB1797- 410 -LRB103 03433 AMQ 48439 b

1    Nothing in this Act shall prevent a not-for-profit
2organization or agency of the State from employing the
3services of a catering establishment for the selling or
4dispensing of alcoholic liquors at functions authorized by the
5Director of Central Management Services.
6    Alcoholic liquors may be sold or delivered at any facility
7owned by the Illinois Sports Facilities Authority provided
8that dram shop liability insurance has been made available in
9a form, with such coverage and in such amounts as the Authority
10reasonably determines is necessary.
11    Alcoholic liquors may be sold at retail or dispensed at
12the Rockford State Office Building by (1) an agency of the
13State, whether legislative, judicial or executive, provided
14that such agency first obtains written permission to sell or
15dispense alcoholic liquors from the Department of Central
16Management Services, or by (2) a not-for-profit organization,
17provided 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

 

 

SB1797- 411 -LRB103 03433 AMQ 48439 b

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
6organization or agency of the State from employing the
7services of a catering establishment for the selling or
8dispensing of alcoholic liquors at functions authorized by the
9Department of Central Management Services.
10    Alcoholic liquors may be sold or delivered in a building
11that is owned by McLean County, situated on land owned by the
12county in the City of Bloomington, and used by the McLean
13County Historical Society if the sale or delivery is approved
14by an ordinance adopted by the county board, and the
15municipality in which the building is located may not prohibit
16that sale or delivery, notwithstanding any other provision of
17this Section. The regulation of the sale and delivery of
18alcoholic liquor in a building that is owned by McLean County,
19situated on land owned by the county, and used by the McLean
20County Historical Society as provided in this paragraph is an
21exclusive power and function of the State and is a denial and
22limitation under Article VII, Section 6, subsection (h) of the
23Illinois Constitution of the power of a home rule municipality
24to regulate that sale and delivery.
25    Alcoholic liquors may be sold or delivered in any building
26situated on land held in trust for any school district

 

 

SB1797- 412 -LRB103 03433 AMQ 48439 b

1organized under Article 34 of the School Code, if the building
2is not used for school purposes and if the sale or delivery is
3approved by the board of education.
4    Alcoholic liquors may be delivered to and sold at retail
5in any building owned by a public library district, provided
6that the delivery and sale is approved by the board of trustees
7of that public library district and is limited to library
8fundraising events or programs of a cultural or educational
9nature. Before the board of trustees of a public library
10district may approve the delivery and sale of alcoholic
11liquors, the board of trustees of the public library district
12must have a written policy that has been approved by the board
13of trustees of the public library district governing when and
14under what circumstances alcoholic liquors may be delivered to
15and sold at retail on property owned by that public library
16district. The written policy must (i) provide that no
17alcoholic liquor may be sold, distributed, or consumed in any
18area of the library accessible to the general public during
19the event or program, (ii) prohibit the removal of alcoholic
20liquor from the venue during the event, and (iii) require that
21steps be taken to prevent the sale or distribution of
22alcoholic liquor to persons under the age of 21. Any public
23library district that has alcoholic liquor delivered to or
24sold at retail on property owned by the public library
25district shall provide dram shop liability insurance in
26maximum insurance coverage limits so as to save harmless the

 

 

SB1797- 413 -LRB103 03433 AMQ 48439 b

1public library districts from all financial loss, damage, or
2harm.
3    Alcoholic liquors may be sold or delivered in buildings
4owned by the Community Building Complex Committee of Boone
5County, Illinois if the person or facility selling or
6dispensing the alcoholic liquor has provided dram shop
7liability insurance with coverage and in amounts that the
8Committee reasonably determines are necessary.
9    Alcoholic liquors may be sold or delivered in the building
10located at 1200 Centerville Avenue in Belleville, Illinois and
11occupied by either the Belleville Area Special Education
12District or the Belleville Area Special Services Cooperative.
13    Alcoholic liquors may be delivered to and sold at the
14Louis Joliet Renaissance Center, City Center Campus, located
15at 214 N. Ottawa Street, Joliet, and the Food
16Services/Culinary Arts Department facilities, Main Campus,
17located at 1215 Houbolt Road, Joliet, owned by or under the
18control of Joliet Junior College, Illinois Community College
19District No. 525.
20    Alcoholic liquors may be delivered to and sold at Triton
21College, Illinois Community College District No. 504.
22    Alcoholic liquors may be delivered to and sold at the
23College of DuPage, Illinois Community College District No.
24502.
25    Alcoholic liquors may be delivered to and sold on any
26property owned, operated, or controlled by Lewis and Clark

 

 

SB1797- 414 -LRB103 03433 AMQ 48439 b

1Community College, Illinois Community College District No.
2536.
3    Alcoholic liquors may be delivered to and sold at the
4building located at 446 East Hickory Avenue in Apple River,
5Illinois, owned by the Apple River Fire Protection District,
6and occupied by the Apple River Community Association if the
7alcoholic liquor is sold or dispensed only in connection with
8organized functions approved by the Apple River Community
9Association for which the planned attendance is 20 or more
10persons and if the person or facility selling or dispensing
11the alcoholic liquor has provided dram shop liability
12insurance in maximum limits so as to hold harmless the Apple
13River Fire Protection District, the Village of Apple River,
14and the Apple River Community Association from all financial
15loss, damage, and harm.
16    Alcoholic liquors may be delivered to and sold at the
17Sikia Restaurant, Kennedy King College Campus, located at 740
18West 63rd Street, Chicago, and at the Food Services in the
19Great Hall/Washburne Culinary Institute Department facility,
20Kennedy King College Campus, located at 740 West 63rd Street,
21Chicago, owned by or under the control of City Colleges of
22Chicago, Illinois Community College District No. 508.
23(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;
2499-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.
258-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17;
26100-695, eff. 8-3-18.)
 

 

 

SB1797- 415 -LRB103 03433 AMQ 48439 b

1    Section 195. The Illinois Public Aid Code is amended by
2changing 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
6Medical Assistance from the Illinois Department under Article
7V of this Code shall be eligible for Early and Periodic
8Screening, Diagnosis and Treatment services provided by the
9Healthy Kids Program of the Illinois Department under the
10Social Security Act, 42 U.S.C. 1396d(r).
11    (b) Enrollment of Children in Medicaid. The Illinois
12Department shall provide for receipt and initial processing of
13applications for Medical Assistance for all pregnant women and
14children under the age of 21 at locations in addition to those
15used for processing applications for cash assistance,
16including disproportionate share hospitals, federally
17qualified health centers and other sites as selected by the
18Illinois Department.
19    (c) Healthy Kids Examinations. The Illinois Department
20shall consider any examination of a child eligible for the
21Healthy Kids services provided by a medical provider meeting
22the requirements and complying with the rules and regulations
23of the Illinois Department to be reimbursed as a Healthy Kids
24examination.

 

 

SB1797- 416 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 417 -LRB103 03433 AMQ 48439 b

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
9Screening Examinations. Health Screening Examinations must
10include 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.

 

 

SB1797- 418 -LRB103 03433 AMQ 48439 b

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
25shall provide coverage for all necessary health care,
26diagnostic services, treatment and other measures to correct

 

 

SB1797- 419 -LRB103 03433 AMQ 48439 b

1or ameliorate defects, physical and mental illnesses, and
2conditions whether discovered by the screening services or not
3for all children eligible for Medical Assistance under Article
4V 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,

 

 

SB1797- 420 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 421 -LRB103 03433 AMQ 48439 b

1        Department will provide assistance in scheduling an
2        appointment and arranging medical transportation.
3    (h) Data Collection. The Illinois Department shall collect
4data in a usable form to track utilization of Healthy Kids
5screening examinations by children eligible for Healthy Kids
6services, including but not limited to data showing screening
7examinations and immunizations received, a summary of
8follow-up treatment received by children eligible for Healthy
9Kids services and the number of children receiving dental,
10hearing and vision services.
11    (i) On and after July 1, 2012, the Department shall reduce
12any rate of reimbursement for services or other payments or
13alter any methodologies authorized by this Code to reduce any
14rate of reimbursement for services or other payments in
15accordance with Section 5-5e.
16    (j) To ensure full access to the benefits set forth in this
17Section, on and after January 1, 2022, the Illinois Department
18shall ensure that provider and hospital reimbursements for
19immunization as required under this Section are no lower than
2070% of the median regional maximum administration fee for the
21State of Illinois as established by the U.S. Department of
22Health and Human Services' Centers for Medicare and Medicaid
23Services.
24(Source: P.A. 102-43, eff. 7-6-21.)
 
25    (305 ILCS 5/9-6)  (from Ch. 23, par. 9-6)

 

 

SB1797- 422 -LRB103 03433 AMQ 48439 b

1    Sec. 9-6. Job Search, Training and Work Programs. The
2Illinois Department and local governmental units shall
3initiate, promote and develop job search, training and work
4programs which will provide employment for and contribute to
5the training and experience of persons receiving aid under
6Articles III, V, and VI.
7    The job search, training and work programs shall be
8designed to preserve and improve the work habits and skills of
9recipients for whom jobs are not otherwise immediately
10available and to provide training and experience for
11recipients who lack the skills required for such employment
12opportunities as are or may become available. The Illinois
13Department and local governmental unit shall determine by rule
14those classes of recipients who shall be subject to
15participation in such programs. If made subject to
16participation, every applicant for or recipient of public aid
17who is determined to be "able to engage in employment", as
18defined by the Department or local governmental unit pursuant
19to rules and regulations, for whom unsubsidized jobs are not
20otherwise immediately available shall be required to
21participate in any program established under this Section.
22    The Illinois Department shall establish with the Director
23of Central Management Services an outreach and training
24program designed to encourage and assist recipients
25participating in job search, training and work programs to
26participate in open competitive examinations for trainee and

 

 

SB1797- 423 -LRB103 03433 AMQ 48439 b

1other entry level positions to maximize opportunities for
2placement on open competitive eligible listings and referral
3to State agencies for employment consideration.
4    The Department shall provide payment for transportation,
5child care day-care and Workers' Compensation costs which
6occur for recipients as a result of participating in job
7search, training and work programs as described in this
8Section. The Department may decline to initiate such programs
9in areas where eligible recipients would be so few in number as
10to not economically justify such programs; and in this event
11the Department shall not require persons in such areas to
12participate in any job search, training, or work programs
13whatsoever as a condition of their continued receipt of, or
14application for, aid.
15    The programs may include, but shall not be limited to,
16service in child care centers, in preschool programs as
17teacher aides and in public health programs as home visitors
18and health aides; the maintenance of or services required in
19connection with public offices, buildings and grounds; state,
20county and municipal hospitals, forest preserves, parks,
21playgrounds, streets and highways, and other governmental
22maintenance or construction directed toward environmental
23improvement; and similar facilities.
24    The Illinois Department or local governmental units may
25enter into agreements with local taxing bodies and private
26not-for-profit organizations, agencies and institutions to

 

 

SB1797- 424 -LRB103 03433 AMQ 48439 b

1provide for the supervision and administration of job search,
2work and training projects authorized by this Section. Such
3agreements shall stipulate the requirements for utilization of
4recipients in such projects. In addition to any other
5requirements dealing with the administration of these
6programs, the Department shall assure, pursuant to rules and
7regulations, 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.

 

 

SB1797- 425 -LRB103 03433 AMQ 48439 b

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
6organizations, agencies and institutions which utilize
7recipients in job search, work and training projects
8authorized by this Section are urged to include such
9recipients in the formulation of their employment policies.
10    Unless directly paid by an employing local taxing body or
11not-for-profit agency, a recipient participating in a work
12project who meets all requirements set forth by the Illinois
13Department shall receive credit towards his or her monthly
14assistance benefits for work performed based upon the
15applicable minimum wage rate. Where a recipient is paid
16directly by an employing agency, the Illinois Department or
17local governmental unit shall provide for payment to such
18employing entity the appropriate amount of assistance benefits
19to which the recipient would otherwise be entitled under this
20Code.
21    The Illinois Department or its designee, including local
22governmental units, may enter into agreements with the
23agencies or institutions providing work under programs
24established hereunder for payment to each such employer
25(hereinafter called "public service employer") of all or a
26portion of the wages to be paid to persons for the work

 

 

SB1797- 426 -LRB103 03433 AMQ 48439 b

1performed and other appropriate costs.
2    If the number of persons receiving aid under Article VI is
3insufficient to justify the establishment of job search,
4training and work programs on a local basis by a local
5governmental unit, or if for other good cause the
6establishment of a local program is impractical or
7unwarranted, the local governmental unit shall cooperate with
8other local governmental units, with civic and non-profit
9community agencies, and with the Illinois Department in
10developing a program or programs which will jointly serve the
11participating governmental units and agencies.
12    A local governmental unit receiving State funds shall
13refer all recipients able to engage in employment to such job
14search, training and work programs as are established, whether
15within or without the governmental unit, and as are accessible
16to persons receiving aid from the governmental unit. The
17Illinois Department shall withhold allocation of state funds
18to any governmental unit which fails or refuses to make such
19referrals.
20    Participants in job search, training and work programs
21shall be required to maintain current registration for regular
22employment under Section 11-10 and to accept any bona fide
23offer of regular employment. They shall likewise be required
24to accept education, work and training opportunities available
25to them under other provisions of this Code or Federal law. The
26Illinois Department or local governmental unit shall provide

 

 

SB1797- 427 -LRB103 03433 AMQ 48439 b

1by rule for periodic review of the circumstances of each
2participant to determine the feasibility of his placement in
3regular employment or other work, education and training
4opportunities.
5    Moneys made available for public aid purposes under
6Articles IV and VI may be expended to pay public service
7employers all or a portion of the wages of public service
8employees and other appropriate costs, to provide necessary
9supervisory personnel and equipment, to purchase Workers'
10Compensation Insurance or to pay Workers' Compensation claims,
11and to provide transportation to and from work sites.
12    The Department shall provide through rules and regulations
13for sanctions against applicants and recipients of aid under
14this Code who fail to cooperate with the regulations and
15requirements established pursuant to this Section. Such
16sanctions may include the loss of eligibility to receive aid
17under Article VI of this Code for up to 3 months.
18    The Department, in cooperation with a local governmental
19unit, may maintain a roster of persons who are required to
20participate in a local job search, training and work program.
21In such cases, the roster shall be available for inspection by
22employers for the selection of possible workers.
23    In addition to the programs authorized by this Section,
24the Illinois Department is authorized to administer any job
25search, training or work projects in conjunction with the
26Federal Food Stamp Program, either under this Section or under

 

 

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1other regulations required by the Federal government.
2    The Illinois Department may also administer pilot programs
3to provide job search, training and work programs to
4unemployed parents of children receiving child support
5enforcement 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
10constitutes good cause for failure to participate in
11education, training and employment programs, failure to accept
12suitable employment or terminating employment or reducing
13earnings.
14    The Department shall establish, by rule, a pre-sanction
15process to assist in resolving disputes over proposed
16sanctions and in determining if good cause exists. Good cause
17shall 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);

 

 

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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

 

 

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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

 

 

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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
24procedure to assist in resolving disputes related to any
25aspect of participation, including exemptions, good cause,
26sanctions or proposed sanctions, supportive services,

 

 

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1assessments, responsibility and service plans, assignment to
2activities, suitability of employment, or refusals of offers
3of employment. Through the reconciliation process the
4Department shall have a mechanism to identify good cause,
5ensure that the client is aware of the issue, and enable the
6client to perform required activities without facing sanction.
7    (2) A participant may request reconciliation and receive
8notice in writing of a meeting. At least one face-to-face
9meeting may be scheduled to resolve misunderstandings or
10disagreements related to program participation and situations
11which may lead to a potential sanction. The meeting will
12address the underlying reason for the dispute and plan a
13resolution to enable the individual to participate in TANF
14employment and work activity requirements.
15    (2.5) If the individual fails to appear at the
16reconciliation meeting without good cause, the reconciliation
17is unsuccessful and a sanction shall be imposed.
18    (3) The reconciliation process shall continue after it is
19determined that the individual did not have good cause for
20non-cooperation. Any necessary demonstration of cooperation on
21the part of the participant will be part of the reconciliation
22process. Failure to demonstrate cooperation will result in
23immediate sanction.
24    (4) For the first instance of non-cooperation, if the
25client reaches agreement to cooperate, the client shall be
26allowed 30 days to demonstrate cooperation before any sanction

 

 

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1activity may be imposed. In any subsequent instances of
2non-cooperation, the client shall be provided the opportunity
3to show good cause or remedy the situation by immediately
4complying with the requirement.
5    (5) The Department shall document in the case record the
6proceedings of the reconciliation and provide the client in
7writing with a reconciliation agreement.
8    (6) If reconciliation resolves the dispute, no sanction
9shall be imposed. If the client fails to comply with the
10reconciliation agreement, the Department shall then
11immediately impose the original sanction. If the dispute
12cannot be resolved during reconciliation, a sanction shall not
13be 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
18children need child care in order to work. Child care is
19expensive and families with low incomes, including those who
20are transitioning from welfare to work, often struggle to pay
21the costs of child day care. The General Assembly understands
22the importance of helping low-income working families become
23and remain self-sufficient. The General Assembly also believes
24that it is the responsibility of families to share in the costs
25of child care. It is also the preference of the General

 

 

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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois
4Department shall provide child care services to parents or
5other relatives as defined by rule who are working or
6participating in employment or Department approved education
7or training programs. At a minimum, the Illinois Department
8shall 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

 

 

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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

 

 

SB1797- 436 -LRB103 03433 AMQ 48439 b

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,
6the Department of Children and Family Services shall report to
7the General Assembly on the number of children who received
8child care via vouchers paid for by the Department of Children
9and Family Services during the preceding fiscal year. The
10report shall include the ages of children who received child
11care, the type of child care they received, and the number of
12months they received child care.
13    The Department shall specify by rule the conditions of
14eligibility, the application process, and the types, amounts,
15and duration of services. Eligibility for child care benefits
16and the amount of child care provided may vary based on family
17size, income, and other factors as specified by rule.
18    The Department shall update the Child Care Assistance
19Program Eligibility Calculator posted on its website to
20include a question on whether a family is applying for child
21care assistance for the first time or is applying for a
22redetermination of eligibility.
23    A family's eligibility for child care services shall be
24redetermined no sooner than 12 months following the initial
25determination or most recent redetermination. During the
2612-month periods, the family shall remain eligible for child

 

 

SB1797- 437 -LRB103 03433 AMQ 48439 b

1care services regardless of (i) a change in family income,
2unless family income exceeds 85% of State median income, or
3(ii) a temporary change in the ongoing status of the parents or
4other relatives, as defined by rule, as working or attending a
5job training or educational program.
6    In determining income eligibility for child care benefits,
7the Department annually, at the beginning of each fiscal year,
8shall establish, by rule, one income threshold for each family
9size, in relation to percentage of State median income for a
10family of that size, that makes families with incomes below
11the specified threshold eligible for assistance and families
12with incomes above the specified threshold ineligible for
13assistance. Through and including fiscal year 2007, the
14specified threshold must be no less than 50% of the
15then-current State median income for each family size.
16Beginning in fiscal year 2008, the specified threshold must be
17no less than 185% of the then-current federal poverty level
18for each family size. Notwithstanding any other provision of
19law or administrative rule to the contrary, beginning in
20fiscal year 2019, the specified threshold for working families
21with very low incomes as defined by rule must be no less than
22185% of the then-current federal poverty level for each family
23size. Notwithstanding any other provision of law or
24administrative rule to the contrary, beginning in State fiscal
25year 2022, the specified income threshold shall be no less
26than 200% of the then-current federal poverty level for each

 

 

SB1797- 438 -LRB103 03433 AMQ 48439 b

1family size.
2    In determining eligibility for assistance, the Department
3shall not give preference to any category of recipients or
4give preference to individuals based on their receipt of
5benefits under this Code.
6    Nothing in this Section shall be construed as conferring
7entitlement status to eligible families.
8    The Illinois Department is authorized to lower income
9eligibility ceilings, raise parent co-payments, create waiting
10lists, or take such other actions during a fiscal year as are
11necessary to ensure that child care benefits paid under this
12Article do not exceed the amounts appropriated for those child
13care benefits. These changes may be accomplished by emergency
14rule under Section 5-45 of the Illinois Administrative
15Procedure Act, except that the limitation on the number of
16emergency rules that may be adopted in a 24-month period shall
17not apply.
18    The Illinois Department may contract with other State
19agencies or child care organizations for the administration of
20child care services.
21    (c) Payment shall be made for child care that otherwise
22meets the requirements of this Section and applicable
23standards of State and local law and regulation, including any
24requirements the Illinois Department promulgates by rule in
25addition to the licensure requirements promulgated by the
26Department of Children and Family Services and Fire Prevention

 

 

SB1797- 439 -LRB103 03433 AMQ 48439 b

1and Safety requirements promulgated by the Office of the State
2Fire 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
14Illinois Public Labor Relations Act, child and day care home
15providers, including licensed and license exempt,
16participating in the Department's child care assistance
17program shall be considered to be public employees and the
18State of Illinois shall be considered to be their employer as
19of January 1, 2006 (the effective date of Public Act 94-320),
20but not before. The State shall engage in collective
21bargaining with an exclusive representative of child and day
22care home providers participating in the child care assistance
23program concerning their terms and conditions of employment
24that are within the State's control. Nothing in this
25subsection shall be understood to limit the right of families
26receiving services defined in this Section to select child and

 

 

SB1797- 440 -LRB103 03433 AMQ 48439 b

1day care home providers or supervise them within the limits of
2this Section. The State shall not be considered to be the
3employer of child and day care home providers for any purposes
4not specifically provided in Public Act 94-320, including, but
5not limited to, purposes of vicarious liability in tort and
6purposes of statutory retirement or health insurance benefits.
7Child and day care home providers shall not be covered by the
8State Employees Group Insurance Act of 1971.
9    In according child and day care home providers and their
10selected representative rights under the Illinois Public Labor
11Relations Act, the State intends that the State action
12exemption to application of federal and State antitrust laws
13be fully available to the extent that their activities are
14authorized by Public Act 94-320.
15    (d) The Illinois Department shall establish, by rule, a
16co-payment scale that provides for cost sharing by families
17that receive child care services, including parents whose only
18income is from assistance under this Code. The co-payment
19shall be based on family income and family size and may be
20based on other factors as appropriate. Co-payments may be
21waived for families whose incomes are at or below the federal
22poverty level.
23    (d-5) The Illinois Department, in consultation with its
24Child Care and Development Advisory Council, shall develop a
25plan to revise the child care assistance program's co-payment
26scale. The plan shall be completed no later than February 1,

 

 

SB1797- 441 -LRB103 03433 AMQ 48439 b

12008, 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
17be paid for the various types of child care. Child care may be
18provided 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.

 

 

SB1797- 442 -LRB103 03433 AMQ 48439 b

1    (f-1) Within 30 days after June 4, 2018 (the effective
2date of Public Act 100-587), the Department of Human Services
3shall establish rates for child care providers that are no
4less than the rates in effect on January 1, 2018 increased by
54.26%.
6    (f-5) (Blank).
7    (g) Families eligible for assistance under this Section
8shall 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;
25102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
265-27-22.)
 

 

 

SB1797- 443 -LRB103 03433 AMQ 48439 b

1    Section 200. The Abused and Neglected Child Reporting Act
2is 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
5Services shall, upon receiving reports made under this Act,
6protect the health, safety, and best interests of the child in
7all situations in which the child is vulnerable to child abuse
8or neglect, offer protective services in order to prevent any
9further harm to the child and to other children in the same
10environment or family, stabilize the home environment, and
11preserve family life whenever possible. Recognizing that
12children also can be abused and neglected while living in
13public or private residential agencies or institutions meant
14to serve them, while attending child day care centers,
15schools, or religious activities, or when in contact with
16adults who are responsible for the welfare of the child at that
17time, this Act also provides for the reporting and
18investigation of child abuse and neglect in such instances. In
19performing any of these duties, the Department may utilize
20such protective services of voluntary agencies as are
21available.
22    (b) The Department shall be responsible for receiving and
23investigating reports of adult resident abuse or neglect under
24the provisions of this Act.

 

 

SB1797- 444 -LRB103 03433 AMQ 48439 b

1(Source: P.A. 96-1446, eff. 8-20-10.)
 
2    (325 ILCS 5/4)
3    Sec. 4. Persons required to report; privileged
4communications; transmitting false report.
5    (a) The following persons are required to immediately
6report to the Department when they have reasonable cause to
7believe that a child known to them in their professional or
8official capacities may be an abused child or a neglected
9child:
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;

 

 

SB1797- 445 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 446 -LRB103 03433 AMQ 48439 b

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
23workplace and are required to report under this Act share a
24reasonable cause to believe that a child may be an abused or
25neglected child, one of those reporters may be designated to
26make a single report. The report shall include the names and

 

 

SB1797- 447 -LRB103 03433 AMQ 48439 b

1contact information for the other mandated reporters sharing
2the reasonable cause to believe that a child may be an abused
3or neglected child. The designated reporter must provide
4written confirmation of the report to those mandated reporters
5within 48 hours. If confirmation is not provided, those
6mandated reporters are individually responsible for
7immediately ensuring a report is made. Nothing in this Section
8precludes or may be used to preclude any person from reporting
9child abuse or child neglect.
10    (c)(1) As used in this Section, "a child known to them in
11their 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

 

 

SB1797- 448 -LRB103 03433 AMQ 48439 b

1    regularly scheduled program, activity, or service.
2    (2) Nothing in this Section requires a child to come
3before the mandated reporter in order for the reporter to make
4a report of suspected child abuse or child neglect.
5    (d) If an allegation is raised to a school board member
6during the course of an open or closed school board meeting
7that a child who is enrolled in the school district of which he
8or she is a board member is an abused child as defined in
9Section 3 of this Act, the member shall direct or cause the
10school board to direct the superintendent of the school
11district or other equivalent school administrator to comply
12with the requirements of this Act concerning the reporting of
13child abuse. For purposes of this paragraph, a school board
14member is granted the authority in his or her individual
15capacity to direct the superintendent of the school district
16or other equivalent school administrator to comply with the
17requirements of this Act concerning the reporting of child
18abuse.
19    Notwithstanding any other provision of this Act, if an
20employee of a school district has made a report or caused a
21report to be made to the Department under this Act involving
22the conduct of a current or former employee of the school
23district and a request is made by another school district for
24the provision of information concerning the job performance or
25qualifications of the current or former employee because he or
26she is an applicant for employment with the requesting school

 

 

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1district, the general superintendent of the school district to
2which the request is being made must disclose to the
3requesting school district the fact that an employee of the
4school district has made a report involving the conduct of the
5applicant or caused a report to be made to the Department, as
6required under this Act. Only the fact that an employee of the
7school district has made a report involving the conduct of the
8applicant or caused a report to be made to the Department may
9be disclosed by the general superintendent of the school
10district to which the request for information concerning the
11applicant is made, and this fact may be disclosed only in cases
12where the employee and the general superintendent have not
13been informed by the Department that the allegations were
14unfounded. An employee of a school district who is or has been
15the subject of a report made pursuant to this Act during his or
16her employment with the school district must be informed by
17that school district that if he or she applies for employment
18with another school district, the general superintendent of
19the former school district, upon the request of the school
20district to which the employee applies, shall notify that
21requesting school district that the employee is or was the
22subject of such a report.
23    (e) Whenever such person is required to report under this
24Act in his capacity as a member of the staff of a medical or
25other public or private institution, school, facility or
26agency, or as a member of the clergy, he shall make report

 

 

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1immediately to the Department in accordance with the
2provisions of this Act and may also notify the person in charge
3of such institution, school, facility or agency, or church,
4synagogue, temple, mosque, or other religious institution, or
5his designated agent that such report has been made. Under no
6circumstances shall any person in charge of such institution,
7school, facility or agency, or church, synagogue, temple,
8mosque, or other religious institution, or his designated
9agent to whom such notification has been made, exercise any
10control, restraint, modification or other change in the report
11or the forwarding of such report to the Department.
12    (f) In addition to the persons required to report
13suspected cases of child abuse or child neglect under this
14Section, any other person may make a report if such person has
15reasonable cause to believe a child may be an abused child or a
16neglected child.
17    (g) The privileged quality of communication between any
18professional person required to report and his patient or
19client shall not apply to situations involving abused or
20neglected children and shall not constitute grounds for
21failure to report as required by this Act or constitute
22grounds for failure to share information or documents with the
23Department during the course of a child abuse or neglect
24investigation. If requested by the professional, the
25Department shall confirm in writing that the information or
26documents disclosed by the professional were gathered in the

 

 

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1course of a child abuse or neglect investigation.
2    The reporting requirements of this Act shall not apply to
3the contents of a privileged communication between an attorney
4and his or her client or to confidential information within
5the meaning of Rule 1.6 of the Illinois Rules of Professional
6Conduct relating to the legal representation of an individual
7client.
8    A member of the clergy may claim the privilege under
9Section 8-803 of the Code of Civil Procedure.
10    (h) Any office, clinic, or any other physical location
11that provides abortions, abortion referrals, or contraceptives
12shall provide to all office personnel copies of written
13information and training materials about abuse and neglect and
14the requirements of this Act that are provided to employees of
15the office, clinic, or physical location who are required to
16make reports to the Department under this Act, and instruct
17such office personnel to bring to the attention of an employee
18of the office, clinic, or physical location who is required to
19make reports to the Department under this Act any reasonable
20suspicion that a child known to him or her in his or her
21professional or official capacity may be an abused child or a
22neglected child.
23    (i) Any person who enters into employment on and after
24July 1, 1986 and is mandated by virtue of that employment to
25report under this Act, shall sign a statement on a form
26prescribed by the Department, to the effect that the employee

 

 

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1has knowledge and understanding of the reporting requirements
2of this Act. On and after January 1, 2019, the statement shall
3also include information about available mandated reporter
4training provided by the Department. The statement shall be
5signed prior to commencement of the employment. The signed
6statement shall be retained by the employer. The cost of
7printing, distribution, and filing of the statement shall be
8borne by the employer.
9    (j) Persons required to report child abuse or child
10neglect as provided under this Section must complete an
11initial mandated reporter training, including a section on
12implicit bias, within 3 months of their date of engagement in a
13professional or official capacity as a mandated reporter, or
14within the time frame of any other applicable State law that
15governs training requirements for a specific profession, and
16at least every 3 years thereafter. The initial requirement
17only applies to the first time they engage in their
18professional or official capacity. In lieu of training every 3
19years, medical personnel, as listed in paragraph (1) of
20subsection (a), must meet the requirements described in
21subsection (k).
22    The mandated reporter trainings shall be in-person or
23web-based, and shall include, at a minimum, information on the
24following topics: (i) indicators for recognizing child abuse
25and child neglect, as defined under this Act; (ii) the process
26for reporting suspected child abuse and child neglect in

 

 

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1Illinois as required by this Act and the required
2documentation; (iii) responding to a child in a
3trauma-informed manner; and (iv) understanding the response of
4child protective services and the role of the reporter after a
5call has been made. Child-serving organizations are encouraged
6to provide in-person annual trainings.
7    The implicit bias section shall be in-person or web-based,
8and shall include, at a minimum, information on the following
9topics: (i) implicit bias and (ii) racial and ethnic
10sensitivity. As used in this subsection, "implicit bias" means
11the attitudes or internalized stereotypes that affect people's
12perceptions, actions, and decisions in an unconscious manner
13and that exist and often contribute to unequal treatment of
14people based on race, ethnicity, gender identity, sexual
15orientation, age, disability, and other characteristics. The
16implicit bias section shall provide tools to adjust automatic
17patterns of thinking and ultimately eliminate discriminatory
18behaviors. During these trainings mandated reporters shall
19complete the following: (1) a pretest to assess baseline
20implicit bias levels; (2) an implicit bias training task; and
21(3) a posttest to reevaluate bias levels after training. The
22implicit bias curriculum for mandated reporters shall be
23developed within one year after January 1, 2022 (the effective
24date of Public Act 102-604) this amendatory Act of the 102nd
25General Assembly and shall be created in consultation with
26organizations demonstrating expertise and or experience in the

 

 

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1areas of implicit bias, youth and adolescent developmental
2issues, prevention of child abuse, exploitation, and neglect,
3culturally diverse family systems, and the child welfare
4system.
5    The mandated reporter training, including a section on
6implicit bias, shall be provided through the Department,
7through an entity authorized to provide continuing education
8for professionals licensed through the Department of Financial
9and Professional Regulation, the State Board of Education, the
10Illinois Law Enforcement Training Standards Board, or the
11Illinois Department of State Police, or through an
12organization approved by the Department to provide mandated
13reporter training, including a section on implicit bias. The
14Department must make available a free web-based training for
15reporters.
16    Each mandated reporter shall report to his or her employer
17and, when applicable, to his or her licensing or certification
18board that he or she received the mandated reporter training.
19The mandated reporter shall maintain records of completion.
20    Beginning January 1, 2021, if a mandated reporter receives
21licensure from the Department of Financial and Professional
22Regulation or the State Board of Education, and his or her
23profession has continuing education requirements, the training
24mandated under this Section shall count toward meeting the
25licensee's required continuing education hours.
26    (k)(1) Medical personnel, as listed in paragraph (1) of

 

 

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1subsection (a), who work with children in their professional
2or official capacity, must complete mandated reporter training
3at least every 6 years. Such medical personnel, if licensed,
4must attest at each time of licensure renewal on their renewal
5form that they understand they are a mandated reporter of
6child abuse and neglect, that they are aware of the process for
7making a report, that they know how to respond to a child in a
8trauma-informed manner, and that they are aware of the role of
9child protective services and the role of a reporter after a
10call has been made.
11    (2) In lieu of repeated training, medical personnel, as
12listed in paragraph (1) of subsection (a), who do not work with
13children in their professional or official capacity, may
14instead attest each time at licensure renewal on their renewal
15form that they understand they are a mandated reporter of
16child abuse and neglect, that they are aware of the process for
17making a report, that they know how to respond to a child in a
18trauma-informed manner, and that they are aware of the role of
19child protective services and the role of a reporter after a
20call has been made. Nothing in this paragraph precludes
21medical personnel from completing mandated reporter training
22and receiving continuing education credits for that training.
23    (l) The Department shall provide copies of this Act, upon
24request, to all employers employing persons who shall be
25required under the provisions of this Section to report under
26this Act.

 

 

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1    (m) Any person who knowingly transmits a false report to
2the Department commits the offense of disorderly conduct under
3subsection (a)(7) of Section 26-1 of the Criminal Code of
42012. A violation of this provision is a Class 4 felony.
5    Any person who knowingly and willfully violates any
6provision of this Section other than a second or subsequent
7violation of transmitting a false report as described in the
8preceding paragraph, is guilty of a Class A misdemeanor for a
9first violation and a Class 4 felony for a second or subsequent
10violation; except that if the person acted as part of a plan or
11scheme having as its object the prevention of discovery of an
12abused or neglected child by lawful authorities for the
13purpose of protecting or insulating any person or entity from
14arrest or prosecution, the person is guilty of a Class 4 felony
15for a first offense and a Class 3 felony for a second or
16subsequent offense (regardless of whether the second or
17subsequent offense involves any of the same facts or persons
18as the first or other prior offense).
19    (n) A child whose parent, guardian or custodian in good
20faith selects and depends upon spiritual means through prayer
21alone for the treatment or cure of disease or remedial care may
22be considered neglected or abused, but not for the sole reason
23that his parent, guardian or custodian accepts and practices
24such beliefs.
25    (o) A child shall not be considered neglected or abused
26solely because the child is not attending school in accordance

 

 

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1with the requirements of Article 26 of the School Code, as
2amended.
3    (p) Nothing in this Act prohibits a mandated reporter who
4reasonably believes that an animal is being abused or
5neglected in violation of the Humane Care for Animals Act from
6reporting animal abuse or neglect to the Department of
7Agriculture's Bureau of Animal Health and Welfare.
8    (q) A home rule unit may not regulate the reporting of
9child abuse or neglect in a manner inconsistent with the
10provisions of this Section. This Section is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    (r) For purposes of this Section "child abuse or neglect"
15includes abuse or neglect of an adult resident as defined in
16this Act.
17(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
18102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised
1912-14-22.)
 
20    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
21    Sec. 8.2. If the Child Protective Service Unit determines,
22following an investigation made pursuant to Section 7.4 of
23this Act, that there is credible evidence that the child is
24abused or neglected, the Department shall assess the family's
25need for services, and, as necessary, develop, with the

 

 

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1family, an appropriate service plan for the family's voluntary
2acceptance or refusal. In any case where there is evidence
3that the perpetrator of the abuse or neglect has a substance
4use disorder as defined in the Substance Use Disorder Act, the
5Department, when making referrals for drug or alcohol abuse
6services, shall make such referrals to facilities licensed by
7the Department of Human Services or the Department of Public
8Health. The Department shall comply with Section 8.1 by
9explaining its lack of legal authority to compel the
10acceptance of services and may explain its concomitant
11authority to petition the Circuit court under the Juvenile
12Court Act of 1987 or refer the case to the local law
13enforcement authority or State's attorney for criminal
14prosecution.
15    For purposes of this Act, the term "family preservation
16services" refers to all services to help families, including
17adoptive and extended families. Family preservation services
18shall be offered, where safe and appropriate, to prevent the
19placement of children in substitute care when the children can
20be cared for at home or in the custody of the person
21responsible for the children's welfare without endangering the
22children's health or safety, to reunite them with their
23families if so placed when reunification is an appropriate
24goal, or to maintain an adoptive placement. The term
25"homemaker" includes emergency caretakers, homemakers,
26caretakers, housekeepers and chore services. The term

 

 

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1"counseling" includes individual therapy, infant stimulation
2therapy, family therapy, group therapy, self-help groups, drug
3and alcohol abuse counseling, vocational counseling and
4post-adoptive services. The term "child day care" includes
5protective child day care and child day care to meet
6educational, prevocational or vocational needs. The term
7"emergency assistance and advocacy" includes coordinated
8services to secure emergency cash, food, housing and medical
9assistance or advocacy for other subsistence and family
10protective needs.
11    Before July 1, 2000, appropriate family preservation
12services shall, subject to appropriation, be included in the
13service plan if the Department has determined that those
14services will ensure the child's health and safety, are in the
15child's best interests, and will not place the child in
16imminent risk of harm. Beginning July 1, 2000, appropriate
17family preservation services shall be uniformly available
18throughout the State. The Department shall promptly notify
19children and families of the Department's responsibility to
20offer and provide family preservation services as identified
21in the service plan. Such plans may include but are not limited
22to: case management services; homemakers; counseling; parent
23education; child day care; emergency assistance and advocacy
24assessments; respite care; in-home health care; transportation
25to obtain any of the above services; and medical assistance.
26Nothing in this paragraph shall be construed to create a

 

 

SB1797- 460 -LRB103 03433 AMQ 48439 b

1private right of action or claim on the part of any individual
2or child welfare agency, except that when a child is the
3subject of an action under Article II of the Juvenile Court Act
4of 1987 and the child's service plan calls for services to
5facilitate achievement of the permanency goal, the court
6hearing the action under Article II of the Juvenile Court Act
7of 1987 may order the Department to provide the services set
8out in the plan, if those services are not provided with
9reasonable promptness and if those services are available.
10    Each Department field office shall maintain on a local
11basis directories of services available to children and
12families in the local area where the Department office is
13located.
14    The Department shall refer children and families served
15pursuant to this Section to private agencies and governmental
16agencies, where available.
17    Incentives that discourage or reward a decision to provide
18family preservation services after a report is indicated or a
19decision to refer a child for the filing of a petition under
20Article II of the Juvenile Court Act of 1987 are strictly
21prohibited and shall not be included in any contract, quality
22assurance, or performance review process. Incentives include,
23but are not limited to, monetary benefits, contingencies, and
24enhanced or diminished performance reviews for individuals or
25agencies.
26    Any decision regarding whether to provide family

 

 

SB1797- 461 -LRB103 03433 AMQ 48439 b

1preservation services after an indicated report or to refer a
2child for the filing of a petition under Article II of the
3Juvenile Court Act of 1987 shall be based solely on the child's
4health, safety, and best interests and on any applicable law.
5If a difference of opinion exists between a private agency and
6the Department regarding whether to refer for the filing of a
7petition under Article II of the Juvenile Court Act of 1987,
8the case shall be referred to the Deputy Director of Child
9Protection for review and determination.
10    Any Department employee responsible for reviewing
11contracts or program plans who is aware of a violation of this
12Section shall immediately refer the matter to the Inspector
13General of the Department.
14    Where there are 2 equal proposals from both a
15not-for-profit and a for-profit agency to provide services,
16the Department shall give preference to the proposal from the
17not-for-profit agency.
18    No service plan shall compel any child or parent to engage
19in any activity or refrain from any activity which is not
20reasonably related to remedying a condition or conditions that
21gave rise or which could give rise to any finding of child
22abuse 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
25by changing Section 5 as follows:
 

 

 

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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
4person's disappearance, a school, preschool educational
5program, child care facility, or child day care home or group
6child day care home in which the person is currently or was
7previously enrolled shall flag the record of that person in
8such a manner that whenever a copy of or information regarding
9the record is requested, the school or other entity shall be
10alerted to the fact that the record is that of a missing
11person. The school or other entity shall immediately report to
12the Illinois State Police any request concerning flagged
13records or knowledge as to the whereabouts of any missing
14person. Upon notification by the Illinois State Police that
15the missing person has been recovered, the school or other
16entity shall remove the flag from the person's record.
17    (b) (1) For every child enrolled in a particular
18elementary or secondary school, public or private preschool
19educational program, public or private child care facility
20licensed under the Child Care Act of 1969, or child day care
21home or group child day care home licensed under the Child Care
22Act of 1969, that school or other entity shall notify in
23writing the person enrolling the child that within 30 days he
24must provide either (i) a certified copy of the child's birth
25certificate or (ii) other reliable proof, as determined by the

 

 

SB1797- 463 -LRB103 03433 AMQ 48439 b

1Illinois State Police, of the child's identity and age and an
2affidavit explaining the inability to produce a copy of the
3birth certificate. Other reliable proof of the child's
4identity and age shall include a passport, visa or other
5governmental documentation of the child's identity. When the
6person enrolling the child provides the school or other entity
7with a certified copy of the child's birth certificate, the
8school or other entity shall promptly make a copy of the
9certified copy for its records and return the original
10certified copy to the person enrolling the child. Once a
11school or other entity has been provided with a certified copy
12of a child's birth certificate as required under item (i) of
13this subdivision (b)(1), the school or other entity need not
14request another such certified copy with respect to that child
15for any other year in which the child is enrolled in that
16school or other entity.
17    (2) Upon the failure of a person enrolling a child to
18comply with subsection (b) (1), the school or other entity
19shall immediately notify the Illinois State Police or local
20law enforcement agency of such failure, and shall notify the
21person enrolling the child in writing that he has 10
22additional days to comply.
23    (3) The school or other entity shall immediately report to
24the Illinois State Police any affidavit received pursuant to
25this subsection which appears inaccurate or suspicious in form
26or content.

 

 

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1    (c) Within 14 days after enrolling a transfer student, the
2elementary or secondary school shall request directly from the
3student's previous school a certified copy of his record. The
4requesting school shall exercise due diligence in obtaining
5the copy of the record requested. Any elementary or secondary
6school requested to forward a copy of a transferring student's
7record to the new school shall comply within 10 days of receipt
8of the request unless the record has been flagged pursuant to
9subsection (a), in which case the copy shall not be forwarded
10and the requested school shall notify the Illinois State
11Police 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
14Disabilities Code is amended by changing Section 1-111 as
15follows:
 
16    (405 ILCS 5/1-111)  (from Ch. 91 1/2, par. 1-111)
17    Sec. 1-111. "Habilitation" means an effort directed toward
18the alleviation of a developmental disability or toward
19increasing a person with a developmental disability's level of
20physical, mental, social or economic functioning. Habilitation
21may include, but is not limited to, diagnosis, evaluation,
22medical services, residential care, child care and adult day
23care, special living arrangements, training, education,
24sheltered employment, protective services, counseling and

 

 

SB1797- 465 -LRB103 03433 AMQ 48439 b

1other services provided to persons with a developmental
2disability by developmental disabilities facilities.
3(Source: P.A. 88-380.)
 
4    Section 215. The Epinephrine Injector Act is amended by
5changing 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
9injector to the body of an individual.
10    "Authorized entity" means any entity or organization,
11other than a school covered under Section 22-30 of the School
12Code, in connection with or at which allergens capable of
13causing anaphylaxis may be present, including, but not limited
14to, independent contractors who provide student transportation
15to schools, recreation camps, colleges and universities, child
16day care facilities, youth sports leagues, amusement parks,
17restaurants, sports arenas, and places of employment. The
18Department shall, by rule, determine what constitutes a child
19day care facility under this definition.
20    "Department" means the Department of Public Health.
21    "Epinephrine injector" includes an auto-injector approved
22by the United States Food and Drug Administration for the
23administration of epinephrine and a pre-filled syringe
24approved by the United States Food and Drug Administration and

 

 

SB1797- 466 -LRB103 03433 AMQ 48439 b

1used for the administration of epinephrine that contains a
2pre-measured dose of epinephrine that is equivalent to the
3dosages used in an auto-injector.
4    "Health care practitioner" means a physician licensed to
5practice medicine in all its branches under the Medical
6Practice Act of 1987, a physician assistant under the
7Physician Assistant Practice Act of 1987 with prescriptive
8authority, or an advanced practice registered nurse with
9prescribing authority under Article 65 of the Nurse Practice
10Act.
11    "Pharmacist" has the meaning given to that term under
12subsection (k-5) of Section 3 of the Pharmacy Practice Act.
13    "Undesignated epinephrine injector" means an epinephrine
14injector prescribed in the name of an authorized entity.
15(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18;
16100-799, eff. 1-1-19.)
 
17    Section 220. The Lead Poisoning Prevention Act is amended
18by 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
21child day care center, child day care home, preschool, nursery
22school, kindergarten, or other child care facility, licensed
23or approved by the State, including such programs operated by
24a public school district, shall include a requirement that

 

 

SB1797- 467 -LRB103 03433 AMQ 48439 b

1each parent or legal guardian of a child between one and 7
2years of age provide a statement from a physician or health
3care provider that the child has been assessed for risk of lead
4poisoning or tested or both, as provided in Section 6.2. This
5statement shall be provided prior to admission and
6subsequently in conjunction with required physical
7examinations.
8    Child care facilities that participate in the Illinois
9Child Care Assistance Program (CCAP) shall annually send or
10deliver to the parents or guardians of children enrolled in
11the facility's care an informational pamphlet regarding
12awareness of lead poisoning. Pamphlets shall be produced and
13made available by the Department and shall be downloadable
14from the Department's Internet website. The Department of
15Human Services and the Department of Public Health shall
16assist 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
19changing 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
23Act, every woman has the following rights with regard to
24pregnancy and childbirth:

 

 

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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

 

 

SB1797- 469 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 470 -LRB103 03433 AMQ 48439 b

1    those specific services provided by the maternity care
2    professional or health care provider.
3    (b) The Department of Public Health, Department of
4Healthcare and Family Services, Department of Children and
5Family Services, and Department of Human Services shall post,
6either by physical or electronic means, information about
7these rights on their publicly available websites. Every
8health care provider, child day care center licensed under the
9Child Care Act of 1969, Head Start, and community center shall
10post information about these rights in a prominent place and
11on their websites, if applicable.
12    (c) The Department of Public Health shall adopt rules to
13implement this Section.
14    (d) Nothing in this Section or any rules adopted under
15subsection (c) shall be construed to require a physician,
16health care professional, hospital, hospital affiliate, or
17health care provider to provide care inconsistent with
18generally accepted medical standards or available capabilities
19or 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
22Program Act is amended by changing Sections 105 and 130 as
23follows:
 
24    (410 ILCS 130/105)

 

 

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1    Sec. 105. Requirements; prohibitions; penalties for
2cultivation centers.
3    (a) The operating documents of a registered cultivation
4center shall include procedures for the oversight of the
5cultivation center, a cannabis plant monitoring system
6including a physical inventory recorded weekly, a cannabis
7container system including a physical inventory recorded
8weekly, accurate record keeping, and a staffing plan.
9    (b) A registered cultivation center shall implement a
10security plan reviewed by the Illinois State Police and
11including but not limited to: facility access controls,
12perimeter intrusion detection systems, personnel
13identification systems, 24-hour surveillance system to monitor
14the interior and exterior of the registered cultivation center
15facility and accessible to authorized law enforcement and the
16Department of Agriculture in real-time.
17    (c) A registered cultivation center may not be located
18within 2,500 feet of the property line of a pre-existing
19public or private preschool or elementary or secondary school
20or child day care center, child day care home, group child day
21care home, part day child care facility, or an area zoned for
22residential use.
23    (d) All cultivation of cannabis for distribution to a
24registered dispensing organization must take place in an
25enclosed, locked facility as it applies to cultivation centers
26at the physical address provided to the Department of

 

 

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1Agriculture during the registration process. The cultivation
2center location shall only be accessed by the cultivation
3center agents working for the registered cultivation center,
4Department of Agriculture staff performing inspections,
5Department of Public Health staff performing inspections, law
6enforcement or other emergency personnel, and contractors
7working on jobs unrelated to medical cannabis, such as
8installing or maintaining security devices or performing
9electrical wiring.
10    (e) A cultivation center may not sell or distribute any
11cannabis to any individual or entity other than another
12cultivation center, a dispensing organization registered under
13this Act, or a laboratory licensed by the Department of
14Agriculture.
15    (f) All harvested cannabis intended for distribution to a
16dispensing organization must be packaged in a labeled medical
17cannabis container and entered into a data collection system.
18    (g) No person who has been convicted of an excluded
19offense may be a cultivation center agent.
20    (h) Registered cultivation centers are subject to random
21inspection by the Illinois State Police.
22    (i) Registered cultivation centers are subject to random
23inspections by the Department of Agriculture and the
24Department of Public Health.
25    (j) A cultivation center agent shall notify local law
26enforcement, the Illinois State Police, and the Department of

 

 

SB1797- 473 -LRB103 03433 AMQ 48439 b

1Agriculture within 24 hours of the discovery of any loss or
2theft. Notification shall be made by phone or in-person, or by
3written or electronic communication.
4    (k) A cultivation center shall comply with all State and
5federal 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;
9dispensing organizations.
10    (a) The Department of Financial and Professional
11Regulation shall implement the provisions of this Section by
12rule.
13    (b) A dispensing organization shall maintain operating
14documents which shall include procedures for the oversight of
15the registered dispensing organization and procedures to
16ensure accurate recordkeeping.
17    (c) A dispensing organization shall implement appropriate
18security measures, as provided by rule, to deter and prevent
19the theft of cannabis and unauthorized entrance into areas
20containing cannabis.
21    (d) A dispensing organization may not be located within
221,000 feet of the property line of a pre-existing public or
23private preschool or elementary or secondary school or child
24day care center, child day care home, group child day care
25home, or part day child care facility. A registered dispensing

 

 

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1organization may not be located in a house, apartment,
2condominium, or an area zoned for residential use. This
3subsection shall not apply to any dispensing organizations
4registered on or after July 1, 2019.
5    (e) A dispensing organization is prohibited from acquiring
6cannabis from anyone other than a cultivation center, craft
7grower, processing organization, another dispensing
8organization, or transporting organization licensed or
9registered under this Act or the Cannabis Regulation and Tax
10Act. A dispensing organization is prohibited from obtaining
11cannabis from outside the State of Illinois.
12    (f) A registered dispensing organization is prohibited
13from dispensing cannabis for any purpose except to assist
14registered qualifying patients with the medical use of
15cannabis directly or through the qualifying patients'
16designated caregivers.
17    (g) The area in a dispensing organization where medical
18cannabis is stored can only be accessed by dispensing
19organization agents working for the dispensing organization,
20Department of Financial and Professional Regulation staff
21performing inspections, law enforcement or other emergency
22personnel, and contractors working on jobs unrelated to
23medical cannabis, such as installing or maintaining security
24devices or performing electrical wiring.
25    (h) A dispensing organization may not dispense more than
262.5 ounces of cannabis to a registered qualifying patient,

 

 

SB1797- 475 -LRB103 03433 AMQ 48439 b

1directly or via a designated caregiver, in any 14-day period
2unless the qualifying patient has a Department of Public
3Health-approved quantity waiver. Any Department of Public
4Health-approved quantity waiver process must be made available
5to qualified veterans.
6    (i) Except as provided in subsection (i-5), before medical
7cannabis may be dispensed to a designated caregiver or a
8registered qualifying patient, a dispensing organization agent
9must determine that the individual is a current cardholder in
10the 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
20cannabis to an Opioid Alternative Pilot Program participant
21under Section 62 and to a person presenting proof of
22provisional registration under Section 55. Before dispensing
23medical cannabis, the dispensing organization shall comply
24with the requirements of Section 62 or Section 55, whichever
25is applicable, and verify the following:
26        (1) that the written certification presented to the

 

 

SB1797- 476 -LRB103 03433 AMQ 48439 b

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
9this limitation by maintaining internal, confidential records
10that include records specifying how much medical cannabis is
11dispensed to the registered qualifying patient and whether it
12was dispensed directly to the registered qualifying patient or
13to the designated caregiver. Each entry must include the date
14and time the cannabis was dispensed. Additional recordkeeping
15requirements may be set by rule.
16    (k) The health care professional-patient privilege as set
17forth by Section 8-802 of the Code of Civil Procedure shall
18apply between a qualifying patient and a registered dispensing
19organization and its agents with respect to communications and
20records concerning qualifying patients' debilitating
21conditions.
22    (l) A dispensing organization may not permit any person to
23consume cannabis on the property of a medical cannabis
24organization.
25    (m) A dispensing organization may not share office space
26with or refer patients to a certifying health care

 

 

SB1797- 477 -LRB103 03433 AMQ 48439 b

1professional.
2    (n) Notwithstanding any other criminal penalties related
3to the unlawful possession of cannabis, the Department of
4Financial and Professional Regulation may revoke, suspend,
5place on probation, reprimand, refuse to issue or renew, or
6take any other disciplinary or non-disciplinary action as the
7Department of Financial and Professional Regulation may deem
8proper with regard to the registration of any person issued
9under this Act to operate a dispensing organization or act as a
10dispensing organization agent, including imposing fines not to
11exceed $10,000 for each violation, for any violations of this
12Act and rules adopted in accordance with this Act. The
13procedures for disciplining a registered dispensing
14organization shall be determined by rule. All final
15administrative decisions of the Department of Financial and
16Professional Regulation are subject to judicial review under
17the Administrative Review Law and its rules. The term
18"administrative decision" is defined as in Section 3-101 of
19the Code of Civil Procedure.
20    (o) Dispensing organizations are subject to random
21inspection and cannabis testing by the Department of Financial
22and Professional Regulation, the Illinois State Police, the
23Department of Revenue, the Department of Public Health, the
24Department of Agriculture, or as provided by rule.
25    (p) The Department of Financial and Professional
26Regulation shall adopt rules permitting returns, and potential

 

 

SB1797- 478 -LRB103 03433 AMQ 48439 b

1refunds, for damaged or inadequate products.
2    (q) The Department of Financial and Professional
3Regulation may issue nondisciplinary citations for minor
4violations which may be accompanied by a civil penalty not to
5exceed $10,000 per violation. The penalty shall be a civil
6penalty or other condition as established by rule. The
7citation shall be issued to the licensee and shall contain the
8licensee's name, address, and license number, a brief factual
9statement, the Sections of the law or rule allegedly violated,
10and the civil penalty, if any, imposed. The citation must
11clearly state that the licensee may choose, in lieu of
12accepting the citation, to request a hearing. If the licensee
13does not dispute the matter in the citation with the
14Department of Financial and Professional Regulation within 30
15days after the citation is served, then the citation shall
16become 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
19amended by changing Section 10 as follows:
 
20    (410 ILCS 170/10)
21    (This Section may contain text from a Public Act with a
22delayed effective date)
23    Sec. 10. Coal tar sealant disclosure; public schools.
24    (a) A public school, public school district, or child day

 

 

SB1797- 479 -LRB103 03433 AMQ 48439 b

1care shall provide written or telephonic notification to
2parents and guardians of students and employees prior to any
3application of a coal-tar based sealant product or a high
4polycyclic aromatic hydrocarbon sealant product. The written
5notification:
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
21law to the contrary, a public school or public school district
22that bids a pavement engineering project using a coal
23tar-based sealant product or high polycyclic aromatic
24hydrocarbon sealant product for pavement engineering-related
25use shall request a bid with an alternative for asphalt-based
26or latex-based sealant product as a part of the engineering

 

 

SB1797- 480 -LRB103 03433 AMQ 48439 b

1project. The public school or public school district shall
2consider whether asphalt-based or latex-based sealant product
3should be used for the project based upon costs and life cycle
4costs that regard preserving pavements, product warranties,
5and the benefits to public health and safety.
6    (c) The Department, in consultation with the State Board
7of Education, shall conduct outreach to public schools and
8public school districts to provide guidance for compliance
9with the provisions of this Act.
10    (d) On or before May 1, 2023, the Department and the State
11Board of Education shall post on their websites guidance on
12screening for coal tar-based sealant product or high
13polycyclic aromatic hydrocarbon sealant product, requirements
14for 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
17amended 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
20administered to all children as early as possible, but no
21later than their first year in any public or private education
22program, licensed child day care center or residential
23facility for children with disabilities; and periodically
24thereafter, to identify those children with vision or hearing

 

 

SB1797- 481 -LRB103 03433 AMQ 48439 b

1impairments or both so that such conditions can be managed or
2treated.
3(Source: P.A. 99-143, eff. 7-27-15.)
 
4    Section 245. The Food Handling Regulation Enforcement Act
5is 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
9any business that is primarily engaged in the sale of
10ready-to-eat food for immediate consumption. "Primarily
11engaged" means having sales of ready-to-eat food for immediate
12consumption comprising at least 51% of the total sales,
13excluding the sale of liquor.
14    (b) Unless otherwise provided, all food handlers employed
15by a restaurant, other than someone holding a food service
16sanitation manager certificate, must receive or obtain
17American National Standards Institute-accredited training in
18basic safe food handling principles within 30 days after
19employment and every 3 years thereafter. Notwithstanding the
20provisions of Section 3.05 of this Act, food handlers employed
21in nursing homes, licensed child day care homes and
22facilities, hospitals, schools, and long-term care facilities
23must renew their training every 3 years. There is no limit to
24how many times an employee may take the training. The training

 

 

SB1797- 482 -LRB103 03433 AMQ 48439 b

1indicated in subsections (e) and (f) of this Section is
2transferable between employers, but not individuals. The
3training indicated in subsections (c) and (d) of this Section
4is not transferable between individuals or employers. Proof
5that a food handler has been trained must be available upon
6reasonable request by a State or local health department
7inspector and may be provided electronically.
8    (c) If a business with an internal training program is
9approved in another state prior to the effective date of this
10amendatory Act of the 98th General Assembly, then the
11business's training program and assessment shall be
12automatically approved by the Department upon the business
13providing proof that the program is approved in said state.
14    (d) The Department shall approve the training program of
15any multi-state business or a franchisee, as defined in the
16Franchise Disclosure Act of 1987, of any multi-state business
17with a plan that follows the guidelines in subsection (b) of
18Section 3.05 of this Act and is on file with the Department by
19August 1, 2017.
20    (e) If an entity uses an American National Standards
21Institute food handler training accredited program, that
22training program shall be automatically approved by the
23Department.
24    (f) Certified local health departments in counties serving
25jurisdictions with a population of 100,000 or less, as
26reported by the U.S. Census Bureau in the 2010 Census of

 

 

SB1797- 483 -LRB103 03433 AMQ 48439 b

1Population, may have a training program. The training program
2must meet the requirements of Section 3.05(b) and be approved
3by the Department. This Section notwithstanding, certified
4local health departments in the following counties may have a
5training 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)
25through (6) of this subsection (f) must have their training
26programs on file with the Department no later than 90 days

 

 

SB1797- 484 -LRB103 03433 AMQ 48439 b

1after the effective date of this Act. Any modules that meet the
2requirements of subsection (b) of Section 3.05 of this Act and
3are not approved within 180 days after the Department's
4receipt of the application of the entity seeking to conduct
5the training shall automatically be considered approved by the
6Department.
7    (g) Any and all documents, materials, or information
8related to a restaurant or business food handler training
9module submitted to the Department is confidential and shall
10not be open to public inspection or dissemination and is
11exempt from disclosure under Section 7 of the Freedom of
12Information Act. Training may be conducted by any means
13available, including, but not limited to, on-line, computer,
14classroom, live trainers, remote trainers, and certified food
15service sanitation managers. There must be at least one
16commercially available, approved food handler training module
17at a cost of no more than $15 per employee; if an approved food
18handler training module is not available at that cost, then
19the provisions of this Section 3.06 shall not apply.
20    (h) The regulation of food handler training is considered
21to be an exclusive function of the State, and local regulation
22is prohibited. This subsection (h) is a denial and limitation
23of home rule powers and functions under subsection (h) of
24Section 6 of Article VII of the Illinois Constitution.
25    (i) The provisions of this Section apply beginning July 1,
262014. From July 1, 2014 through December 31, 2014, enforcement

 

 

SB1797- 485 -LRB103 03433 AMQ 48439 b

1of the provisions of this Section shall be limited to
2education and notification of requirements to encourage
3compliance.
4(Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15;
5100-367, eff. 8-25-17.)
 
6    Section 250. The Environmental Protection Act is amended
7by changing Section 17.12 as follows:
 
8    (415 ILCS 5/17.12)
9    Sec. 17.12. Lead service line replacement and
10notification.
11    (a) The purpose of this Act is to: (1) require the owners
12and operators of community water supplies to develop,
13implement, and maintain a comprehensive water service line
14material inventory and a comprehensive lead service line
15replacement plan, provide notice to occupants of potentially
16affected buildings before any construction or repair work on
17water mains or lead service lines, and request access to
18potentially affected buildings before replacing lead service
19lines; and (2) prohibit partial lead service line
20replacements, 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

 

 

SB1797- 486 -LRB103 03433 AMQ 48439 b

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
17Advisory Board created under subsection (x).
18    "Community water supply" has the meaning ascribed to it in
19Section 3.145 of this Act.
20    "Department" means the Department of Public Health.
21    "Emergency repair" means any unscheduled water main, water
22service, or water valve repair or replacement that results
23from failure or accident.
24    "Fund" means the Lead Service Line Replacement Fund
25created under subsection (bb).
26    "Lead service line" means a service line made of lead or

 

 

SB1797- 487 -LRB103 03433 AMQ 48439 b

1service line connected to a lead pigtail, lead gooseneck, or
2other lead fitting.
3    "Material inventory" means a water service line material
4inventory developed by a community water supply under this
5Act.
6    "Non-community water supply" has the meaning ascribed to
7it in Section 3.145 of the Environmental Protection Act.
8    "NSF/ANSI Standard" means a water treatment standard
9developed by NSF International.
10    "Partial lead service line replacement" means replacement
11of only a portion of a lead service line.
12    "Potentially affected building" means any building that is
13provided water service through a service line that is either a
14lead service line or a suspected lead service line.
15    "Public water supply" has the meaning ascribed to it in
16Section 3.365 of this Act.
17    "Service line" means the piping, tubing, and necessary
18appurtenances acting as a conduit from the water main or
19source of potable water supply to the building plumbing at the
20first shut-off valve or 18 inches inside the building,
21whichever is shorter.
22    "Suspected lead service line" means a service line that a
23community water supply finds more likely than not to be made of
24lead after completing the requirements under paragraphs (2)
25through (5) of subsection (h).
26    "Small system" means a community water supply that

 

 

SB1797- 488 -LRB103 03433 AMQ 48439 b

1regularly serves water to 3,300 or fewer persons.
2    (d) An owner or operator of a community water supply
3shall:
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
14inventory submitted to it under subsection (d).
15    (f) If a community water supply does not submit a complete
16inventory to the Agency by April 15, 2024 under paragraph (2)
17of subsection (d), the community water supply may apply for an
18extension to the Agency no less than 3 months prior to the due
19date. The Agency shall develop criteria for granting material
20inventory extensions. When considering requests for extension,
21the 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

 

 

SB1797- 489 -LRB103 03433 AMQ 48439 b

1supply 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
17paragraph (2) of this subsection, the owner or operator of the
18community water supply shall to the best of the owner's or
19operator's ability identify the type of construction material
20used on the customer's side of the curb box, meter, or other
21line of demarcation and the community water supply's side of
22the 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

 

 

SB1797- 490 -LRB103 03433 AMQ 48439 b

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
22shall maintain records of persons who refuse to grant access
23to the interior of a building for purposes of identifying the
24materials of construction of a service line. If a community
25water supply has been denied access on the property or to the
26interior of a building for that reason, then the community

 

 

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1water supply shall attempt to identify the service line as a
2suspected lead service line, unless documentation is provided
3showing otherwise.
4    (j) If a community water supply identifies a lead service
5line connected to a building, the owner or operator of the
6community water supply shall attempt to notify the owner of
7the building and all occupants of the building of the
8existence of the lead service line within 15 days after
9identifying the lead service line, or as soon as is reasonably
10possible thereafter. Individual written notice shall be given
11according to the provisions of subsection (jj).
12    (k) An owner or operator of a community water supply has no
13duty to include in the material inventory required under
14subsection (d) information about service lines that are
15physically disconnected from a water main in its distribution
16system.
17    (l) The owner or operator of each community water supply
18shall post on its website a copy of the most recently submitted
19material inventory or alternatively may request that the
20Agency post a copy of that material inventory on the Agency's
21website.
22    (m) Nothing in this Section shall be construed to require
23service lines to be unearthed for the sole purpose of
24inventorying.
25    (n) When an owner or operator of a community water supply
26awards a contract under this Section, the owner or operator

 

 

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1shall make a good faith effort to use contractors and vendors
2owned by minority persons, women, and persons with a
3disability, as those terms are defined in Section 2 of the
4Business Enterprise for Minorities, Women, and Persons with
5Disabilities Act, for not less than 20% of the total
6contracts, 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
19encouraged to divide projects, whenever economically feasible,
20into contracts of smaller size that ensure small business
21contractors or vendors shall have the ability to qualify in
22the applicable bidding process, when determining the ability
23to deliver on a given contract based on scope and size, as a
24responsible and responsive bidder.
25    When a contractor or vendor submits a bid or letter of
26intent in response to a request for proposal or other bid

 

 

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1submission, the contractor or vendor shall include with its
2responsive documents a utilization plan that shall address how
3compliance with applicable good faith requirements set forth
4in this subsection shall be addressed.
5    Under this subsection, "good faith effort" means a
6community water supply has taken all necessary steps to comply
7with the goals of this subsection by complying with the
8following:
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

 

 

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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
7through direct award to diverse contractors and through the
8use of diverse subcontractors and diverse vendors to
9contracts.
10    (o) An owner or operator of a community water supply shall
11collect data necessary to ensure compliance with subsection
12(n) no less than semi-annually and shall include progress
13toward compliance of subsection (n) in the owner or operator's
14report required under subsection (t-5). The report must
15include data on vendor and employee diversity, including data
16on the owner's or operator's implementation of subsection (n).
17    (p) Every owner or operator of a community water supply
18that 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

 

 

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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

 

 

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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

 

 

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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
10under subsection (p). The Agency shall approve a final plan if
11the final plan includes all of the elements set forth under
12subsection (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
26duty to include in the plans required under subsection (p)

 

 

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1information about service lines that are physically
2disconnected from a water main in its distribution system.
3    (t) If a community water supply does not deliver a
4complete plan to the Agency by April 15, 2027, the community
5water supply may apply to the Agency for an extension no less
6than 3 months prior to the due date. The Agency shall develop
7criteria for granting plan extensions. When considering
8requests for extension, the Agency shall, at a minimum,
9consider:
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
15plan described in subsection (p), the owner or operator of a
16community water supply shall submit a report detailing
17progress toward plan goals to the Agency for its review. The
18report shall be submitted annually for the first 10 years, and
19every 3 years thereafter until all lead service lines have
20been replaced. Reports under this subsection shall be
21published in the same manner described in subsection (l). The
22report shall include at least the following information as it
23pertains 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

 

 

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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
9to provide for costs associated with lead service line
10remediation and replacement, the corporate authorities of a
11municipality may, by ordinance or resolution by the corporate
12authorities, exercise authority provided in Section 27-5 et
13seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
148-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
1511-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
16levied for this purpose shall be in addition to taxes for
17general purposes authorized under Section 8-3-1 of the
18Illinois Municipal Code and shall be included in the taxing
19district's aggregate extension for the purposes of Division 5
20of Article 18 of the Property Tax Code.
21    (v) Every owner or operator of a community water supply
22shall replace all known lead service lines, subject to the
23requirements of subsection (ff), according to the following
24replacement rates and timelines to be calculated from the date
25of submission of the final replacement plan to the Agency:
26        (1) A community water supply reporting 1,200 or fewer

 

 

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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

 

 

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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
5extension to the replacement timelines described in paragraphs
6(1) through (5) of subsection (v). The Agency shall develop
7criteria for granting replacement timeline extensions. When
8considering requests for timeline extensions, the Agency
9shall, 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
15equal to not more than 20% of the original replacement
16timeline, except in situations of extreme hardship in which
17the Agency may consider a second additional extension equal to
18not more than 10% of the original replacement timeline.
19    Replacement rates and timelines shall be calculated from
20the date of submission of the final plan to the Agency.
21    (x) The Lead Service Line Replacement Advisory Board is
22created within the Agency. The Advisory Board shall convene
23within 120 days after January 1, 2022 (the effective date of
24Public Act 102-613).
25    The Advisory Board shall consist of at least 28 voting
26members, as follows:

 

 

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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;

 

 

SB1797- 503 -LRB103 03433 AMQ 48439 b

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
14of color, and no less than 3 shall represent communities
15defined or self-identified as environmental justice
16communities.
17    Advisory Board members shall serve without compensation,
18but may be reimbursed for necessary expenses incurred in the
19performance of their duties from funds appropriated for that
20purpose. The Agency shall provide administrative support to
21the Advisory Board.
22    The Advisory Board shall meet no less than once every 6
23months.
24    (y) The Advisory Board shall have, at a minimum, the
25following duties:
26        (1) advising the Agency on best practices in lead

 

 

SB1797- 504 -LRB103 03433 AMQ 48439 b

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
12date of Public Act 102-613), the Advisory Board shall deliver
13a report of its recommendations to the Governor and the
14General Assembly concerning opportunities for dedicated,
15long-term revenue options for funding lead service line
16replacement. In submitting recommendations, the Advisory Board
17shall 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;

 

 

SB1797- 505 -LRB103 03433 AMQ 48439 b

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
6date of Public Act 102-613), the Advisory Board shall prepare
7and deliver a report to the Governor and General Assembly
8concerning the status of all lead service line replacement
9within the State.
10    (bb) The Lead Service Line Replacement Fund is created as
11a special fund in the State treasury to be used by the Agency
12for the purposes provided under this Section. The Fund shall
13be used exclusively to finance and administer programs and
14activities specified under this Section and listed under this
15subsection.
16    The objective of the Fund is to finance activities
17associated with identifying and replacing lead service lines,
18build Agency capacity to oversee the provisions of this
19Section, and provide related assistance for the activities
20listed under this subsection.
21    The Agency shall be responsible for the administration of
22the Fund and shall allocate moneys on the basis of priorities
23established by the Agency through administrative rule. On July
241, 2022 and on July 1 of each year thereafter, the Agency shall
25determine the available amount of resources in the Fund that
26can be allocated to the activities identified under this

 

 

SB1797- 506 -LRB103 03433 AMQ 48439 b

1Section and shall allocate the moneys accordingly.
2    Notwithstanding any other law to the contrary, the Lead
3Service Line Replacement Fund is not subject to sweeps,
4administrative charge-backs, or any other fiscal maneuver that
5would in any way transfer any amounts from the Lead Service
6Line Replacement Fund into any other fund of the State.
7    (cc) Within one year after January 1, 2022 (the effective
8date of Public Act 102-613), the Agency shall design rules for
9a program for the purpose of administering lead service line
10replacement 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
20costs directly attributable to the planning, design, or
21construction directly related to the replacement of lead
22service lines and restoration of property.
23    Funding shall not be used for the general operating
24expenses of a municipality or community water supply.
25    (ee) An owner or operator of any community water supply
26receiving grant funding under subsection (cc) shall bear the

 

 

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1entire expense of full lead service line replacement for all
2lead service lines in the scope of the grant.
3    (ff) When replacing a lead service line, the owner or
4operator of the community water supply shall replace the
5service line in its entirety, including, but not limited to,
6any portion of the service line (i) running on private
7property and (ii) within the building's plumbing at the first
8shut-off valve. Partial lead service line replacements are
9expressly prohibited. Exceptions shall be made under the
10following 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

 

 

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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

 

 

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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

 

 

SB1797- 510 -LRB103 03433 AMQ 48439 b

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
14January 1, 2022, when the owner or operator of a community
15water supply replaces a water main, the community water supply
16shall identify all lead service lines connected to the water
17main 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

 

 

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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
5replace a portion of a lead service line or a galvanized
6service line and the galvanized service line is or was
7connected downstream to lead piping, then the owner of the
8potentially affected building shall provide the owner or
9operator of the community water supply with notice at least 45
10days before commencing the work. In the case of an emergency
11repair, the owner of the potentially affected building must
12provide filters for each kitchen area that are certified by an
13accredited third-party certification body to NSF/ANSI 53 and
14NSF/ANSI 42 for the reduction of lead and particulate. If the
15owner of the potentially affected building notifies the owner
16or operator of the community water supply that replacement of
17a portion of the lead service line after the emergency repair
18is completed, then the owner or operator of the community
19water supply shall replace the remainder of the lead service
20line within 30 days after completion of the emergency repair.
21A community water supply may take up to 120 days if necessary
22due to weather conditions. If a replacement takes longer than
2330 days, filters provided by the owner of the potentially
24affected building must be replaced in accordance with the
25manufacturer's recommendations. Partial lead service line
26replacements by the owners of potentially affected buildings

 

 

SB1797- 512 -LRB103 03433 AMQ 48439 b

1are otherwise prohibited.
2    (hh) For municipalities with a population in excess of
31,000,000 inhabitants, the requirements of subsection (gg)
4shall commence on January 1, 2023.
5    (ii) At least 45 days before conducting planned lead
6service line replacement, the owner or operator of a community
7water supply shall, by mail, attempt to contact the owner of
8the potentially affected building serviced by the lead service
9line to request access to the building and permission to
10replace the lead service line in accordance with the lead
11service line replacement plan. If the owner of the potentially
12affected building does not respond to the request within 15
13days after the request is sent, the owner or operator of the
14community water supply shall attempt to post the request on
15the entrance of the potentially affected building.
16    If the owner or operator of a community water supply is
17unable to obtain approval to access and replace a lead service
18line, the owner or operator of the community water supply
19shall request that the owner of the potentially affected
20building sign a waiver. The waiver shall be developed by the
21Department and should be made available in the owner's
22language. If the owner of the potentially affected building
23refuses to sign the waiver or fails to respond to the community
24water supply after the community water supply has complied
25with this subsection, then the community water supply shall
26notify the Department in writing within 15 working days.

 

 

SB1797- 513 -LRB103 03433 AMQ 48439 b

1    (jj) When replacing a lead service line or repairing or
2replacing water mains with lead service lines or partial lead
3service lines attached to them, the owner or operator of a
4community water supply shall provide the owner of each
5potentially affected building that is serviced by the affected
6lead service lines or partial lead service lines, as well as
7the occupants of those buildings, with an individual written
8notice. The notice shall be delivered by mail or posted at the
9primary entranceway of the building. The notice may, in
10addition, be electronically mailed. Written notice shall
11include, 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
23paragraph of this subsection is required as a result of
24planned work other than the repair or replacement of a water
25meter, the owner or operator of the community water supply
26shall provide the notice not less than 14 days before work

 

 

SB1797- 514 -LRB103 03433 AMQ 48439 b

1begins. When the individual written notice described in the
2first paragraph of this subsection is required as a result of
3emergency repairs other than the repair or replacement of a
4water meter, the owner or operator of the community water
5supply shall provide the notice at the time the work is
6initiated. When the individual written notice described in the
7first paragraph of this subsection is required as a result of
8the repair or replacement of a water meter, the owner or
9operator of the community water supply shall provide the
10notice at the time the work is initiated.
11    The notifications required under this subsection must
12contain the following statement in Spanish, Polish, Chinese,
13Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
14notice contains important information about your water service
15and may affect your rights. We encourage you to have this
16notice translated in full into a language you understand and
17before you make any decisions that may be required under this
18notice."
19    An owner or operator of a community water supply that is
20required under this subsection to provide an individual
21written notice to the owner and occupant of a potentially
22affected building that is a multi-dwelling building may
23satisfy that requirement and the requirements of this
24subsection regarding notification to non-English speaking
25customers by posting the required notice on the primary
26entranceway of the building and at the location where the

 

 

SB1797- 515 -LRB103 03433 AMQ 48439 b

1occupant's mail is delivered as reasonably as possible.
2    When this subsection would require the owner or operator
3of a community water supply to provide an individual written
4notice to the entire community served by the community water
5supply or would require the owner or operator of a community
6water supply to provide individual written notices as a result
7of emergency repairs or when the community water supply that
8is required to comply with this subsection is a small system,
9the owner or operator of the community water supply may
10provide the required notice through local media outlets,
11social media, or other similar means in lieu of providing the
12individual written notices otherwise required under this
13subsection.
14    No notifications are required under this subsection for
15work performed on water mains that are used to transmit
16treated water between community water supplies and properties
17that have no service connections.
18    (kk) No community water supply that sells water to any
19wholesale or retail consecutive community water supply may
20pass on any costs associated with compliance with this Section
21to consecutive systems.
22    (ll) To the extent allowed by law, when a community water
23supply replaces or installs a lead service line in a public
24right-of-way or enters into an agreement with a private
25contractor for replacement or installation of a lead service
26line, the community water supply shall be held harmless for

 

 

SB1797- 516 -LRB103 03433 AMQ 48439 b

1all damage to property when replacing or installing the lead
2service line. If dangers are encountered that prevent the
3replacement of the lead service line, the community water
4supply shall notify the Department within 15 working days of
5why the replacement of the lead service line could not be
6accomplished.
7    (mm) The Agency may propose to the Board, and the Board may
8adopt, any rules necessary to implement and administer this
9Section. The Department may adopt rules necessary to address
10lead service lines attached to non-community water supplies.
11    (nn) Notwithstanding any other provision in this Section,
12no requirement in this Section shall be construed as being
13less stringent than existing applicable federal requirements.
14    (oo) All lead service line replacements financed in whole
15or in part with funds obtained under this Section shall be
16considered public works for purposes of the Prevailing Wage
17Act.
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
20Act 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

 

 

SB1797- 517 -LRB103 03433 AMQ 48439 b

1a lawn.
2    "Applicator for hire" means any person who makes an
3application of lawn care products to a lawn or lawns for
4compensation, including applications made by an employee to
5lawns owned, occupied or managed by his employer and includes
6those licensed by the Department as licensed commercial
7applicators, commercial not-for-hire applicators, licensed
8public applicators, certified applicators and licensed
9operators and those otherwise subject to the licensure
10provisions of the Illinois Pesticide Act, as now or hereafter
11amended.
12    "Buffer" means an area adjacent to a body of water that is
13left untreated with any fertilizer.
14    "Child Day care center" means any facility that qualifies
15as 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
18Department of Public Health.
19    "Facility" means a building or structure and appurtenances
20thereto used by an applicator for hire for storage and
21handling of pesticides or the storage or maintenance of
22pesticide application equipment or vehicles.
23    "Fertilizer" means any substance containing nitrogen,
24phosphorus or potassium or other recognized plant nutrient or
25compound, which is used for its plant nutrient content.
26    "Golf course" means an area designated for the play or

 

 

SB1797- 518 -LRB103 03433 AMQ 48439 b

1practice of the game of golf, including surrounding grounds,
2trees, ornamental beds and the like.
3    "Golf course superintendent" means any person entrusted
4with and employed for the care and maintenance of a golf
5course.
6    "Impervious surface" means any structure, surface, or
7improvement that reduces or prevents absorption of stormwater
8into land, and includes pavement, porous paving, paver blocks,
9gravel, crushed stone, decks, patios, elevated structures, and
10other similar structures, surfaces, or improvements.
11    "Lawn" means land area covered with turf kept closely mown
12or land area covered with turf and trees or shrubs. The term
13does not include (1) land area used for research for
14agricultural production or for the commercial production of
15turf, (2) land area situated within a public or private
16right-of-way, or (3) land area which is devoted to the
17production of any agricultural commodity, including, but not
18limited to plants and plant parts, livestock and poultry and
19livestock or poultry products, seeds, sod, shrubs and other
20products of agricultural origin raised for sale or for human
21or livestock consumption.
22    "Lawn care products" means fertilizers or pesticides
23applied or intended for application to lawns.
24    "Lawn repair products" means seeds, including seeding
25soils, that contain or are coated with or encased in
26fertilizer material.

 

 

SB1797- 519 -LRB103 03433 AMQ 48439 b

1    "Person" means any individual, partnership, association,
2corporation or State governmental agency, school district,
3unit of local government and any agency thereof.
4    "Pesticide" means any substance or mixture of substances
5defined as a pesticide under the Illinois Pesticide Act, as
6now or hereafter amended.
7    "Plant protectants" means any substance or material used
8to protect plants from infestation of insects, fungi, weeds
9and rodents, or any other substance that would benefit the
10overall health of plants.
11    "Soil test" means a chemical and mechanical analysis of
12soil nutrient values and pH level as it relates to the soil and
13development of a lawn.
14    "Spreader" means any commercially available fertilizing
15device used to evenly distribute fertilizer material.
16    "Turf" means the upper stratum of soils bound by grass and
17plant roots into a thick mat.
18    "0% phosphate fertilizer" means a fertilizer that contains
19no more than 0.67% available phosphoric acid (P2O5).
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
23care products.
24    (a) Lawn Markers.
25        (1) Immediately following application of lawn care

 

 

SB1797- 520 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 521 -LRB103 03433 AMQ 48439 b

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
8protectants 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

 

 

SB1797- 522 -LRB103 03433 AMQ 48439 b

1    SUPERINTENDENT FOR FURTHER INFORMATION."
2    (c) Information to Customers of Applicators for Hire. At
3the time of application of lawn care products to a lawn, an
4applicator for hire shall provide the following information to
5the 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
26of all lawns other than golf courses:

 

 

SB1797- 523 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 524 -LRB103 03433 AMQ 48439 b

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
18day care center grounds other than child day care center
19structures 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

 

 

SB1797- 525 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 526 -LRB103 03433 AMQ 48439 b

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
11Department. The Department may promulgate rules and
12regulations as necessary for the enforcement of this Act. The
13Department of Public Health must inform school boards and the
14owners and operators of child day care centers about the
15provisions of this Act that are applicable to school districts
16and child day care centers, and it must inform school boards
17about the requirements contained in Sections 10-20.49 and
1834-18.40 of the School Code. The Department of Public Health
19must recommend that child day care centers and schools use a
20pesticide-free turf care program to maintain their turf. The
21Department of Public Health must also report violations of
22this Act of which it becomes aware to the Department for
23enforcement.
24(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
 

 

 

SB1797- 527 -LRB103 03433 AMQ 48439 b

1    Section 260. The Furniture Fire Safety Act is amended by
2changing 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
6or any combination of the following: to sell, offer or expose
7for sale, barter, trade, deliver, give away, rent, consign,
8lease, or possess with an intent to sell or dispose of in any
9other commercial manner.
10    (b) "Seating furniture" means any furniture, including
11children's furniture, movable or stationery, which (1) is made
12of or with cushions or pillows, loose or attached, (2) is
13itself stuffed or filled in whole or in part with any filling
14material, (3) is or can be stuffed or filled in whole or in
15part with any substance or material, hidden or concealed by
16fabric or any other covering, including cushions or pillows
17belonging to or forming a part thereof, together with the
18structural units, the filling material and its container and
19covering which can be used as a support for the body of a human
20being, or the limbs and feet when sitting or resting in an
21upright or reclining position.
22    (c) "Filling material" means cotton, wool, kapok,
23feathers, down, hair, liquid, or any other material or
24substance, natural or man-made, or any other prefabricated
25form, concealed or not concealed, to be used or that could be

 

 

SB1797- 528 -LRB103 03433 AMQ 48439 b

1used in articles of seating furniture.
2    (d) "Manufacturer" means a person who, either by himself
3or through employees or agents, makes any article of seating
4furniture 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
8health 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
13more than 10 articles of seating furniture.
14(Source: P.A. 86-631.)
 
15    Section 265. The Space Heating Safety Act is amended by
16changing 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
19kerosene fueled heaters will be prohibited under any
20circumstances 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

 

 

SB1797- 529 -LRB103 03433 AMQ 48439 b

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
9is 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
13buyer's or transferee's valid photo identification card
14whenever a firearm sale transaction takes place. The photo
15copy shall be attached to the documentation detailing the
16record of sale.
17    (b) A certified licensee shall post in a conspicuous
18position on the premises where the licensee conducts business
19a sign that contains the following warning in block letters
20not 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;

 

 

SB1797- 530 -LRB103 03433 AMQ 48439 b

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.".
6This sign shall be created by the Illinois State Police and
7made available for printing or downloading from the Illinois
8State Police's website.
9    (c) No retail location established after the effective
10date of this Act shall be located within 500 feet of any
11school, pre-school, or child day care facility in existence at
12its location before the retail location is established as
13measured from the nearest corner of the building holding the
14retail location to the corner of the school, pre-school, or
15child day care facility building nearest the retail location
16at 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
19changing 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;
23hardship cases.
24    (a) Except as provided in this Section, the Secretary of

 

 

SB1797- 531 -LRB103 03433 AMQ 48439 b

1State shall immediately revoke the license, permit, or driving
2privileges of any driver upon receiving a report of the
3driver'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

 

 

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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

 

 

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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;

 

 

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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
9the license or permit of any driver in the following
10situations:
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.

 

 

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1    (c)(1) Whenever a person is convicted of any of the
2offenses enumerated in this Section, the court may recommend
3and the Secretary of State in his discretion, without regard
4to whether the recommendation is made by the court may, upon
5application, issue to the person a restricted driving permit
6granting the privilege of driving a motor vehicle between the
7petitioner's residence and petitioner's place of employment or
8within the scope of the petitioner's employment related
9duties, or to allow the petitioner to transport himself or
10herself or a family member of the petitioner's household to a
11medical facility for the receipt of necessary medical care or
12to allow the petitioner to transport himself or herself to and
13from alcohol or drug remedial or rehabilitative activity
14recommended by a licensed service provider, or to allow the
15petitioner to transport himself or herself or a family member
16of the petitioner's household to classes, as a student, at an
17accredited educational institution, or to allow the petitioner
18to transport children, elderly persons, or persons with
19disabilities who do not hold driving privileges and are living
20in the petitioner's household to and from child care daycare;
21if the petitioner is able to demonstrate that no alternative
22means of transportation is reasonably available and that the
23petitioner will not endanger the public safety or welfare;
24provided that the Secretary's discretion shall be limited to
25cases where undue hardship, as defined by the rules of the
26Secretary of State, would result from a failure to issue the

 

 

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1restricted driving permit.
2    (1.5) A person subject to the provisions of paragraph 4 of
3subsection (b) of Section 6-208 of this Code may make
4application for a restricted driving permit at a hearing
5conducted under Section 2-118 of this Code after the
6expiration of 5 years from the effective date of the most
7recent revocation, or after 5 years from the date of release
8from a period of imprisonment resulting from a conviction of
9the most recent offense, whichever is later, provided the
10person, in addition to all other requirements of the
11Secretary, 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
26restricted driving permit under this paragraph (1.5), the

 

 

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1Secretary may consider any relevant evidence, including, but
2not limited to, testimony, affidavits, records, and the
3results of regular alcohol or drug tests. Persons subject to
4the provisions of paragraph 4 of subsection (b) of Section
56-208 of this Code and who have been convicted of more than one
6violation of paragraph (3), paragraph (4), or paragraph (5) of
7subsection (a) of Section 11-501 of this Code shall not be
8eligible 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
11vehicles equipped with an ignition interlock device as
12required under paragraph (2) of subsection (c) of this Section
13and subparagraph (A) of paragraph 3 of subsection (c) of
14Section 6-206 of this Code. The Secretary may revoke a
15restricted driving permit or amend the conditions of a
16restricted driving permit issued under this paragraph (1.5) if
17the holder operates a vehicle that is not equipped with an
18ignition interlock device, or for any other reason authorized
19under this Code.
20    A restricted driving permit issued under this paragraph
21(1.5) shall be revoked, and the holder barred from applying
22for or being issued a restricted driving permit in the future,
23if the holder is subsequently convicted of a violation of
24Section 11-501 of this Code, a similar provision of a local
25ordinance, or a similar offense in another state.
26    (2) If a person's license or permit is revoked or

 

 

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1suspended due to 2 or more convictions of violating Section
211-501 of this Code or a similar provision of a local ordinance
3or a similar out-of-state offense, or Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012, where the
5use of alcohol or other drugs is recited as an element of the
6offense, or a similar out-of-state offense, or a combination
7of these offenses, arising out of separate occurrences, that
8person, if issued a restricted driving permit, may not operate
9a vehicle unless it has been equipped with an ignition
10interlock 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)

 

 

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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;
6that person, if issued a restricted driving permit, may not
7operate a vehicle unless it has been equipped with an ignition
8interlock device as defined in Section 1-129.1.
9    (4) The person issued a permit conditioned on the use of an
10ignition interlock device must pay to the Secretary of State
11DUI Administration Fund an amount not to exceed $30 per month.
12The Secretary shall establish by rule the amount and the
13procedures, terms, and conditions relating to these fees.
14    (5) If the restricted driving permit is issued for
15employment purposes, then the prohibition against operating a
16motor vehicle that is not equipped with an ignition interlock
17device does not apply to the operation of an occupational
18vehicle owned or leased by that person's employer when used
19solely for employment purposes. For any person who, within a
205-year period, is convicted of a second or subsequent offense
21under Section 11-501 of this Code, or a similar provision of a
22local ordinance or similar out-of-state offense, this
23employment exemption does not apply until either a one-year
24period has elapsed during which that person had his or her
25driving privileges revoked or a one-year period has elapsed
26during which that person had a restricted driving permit which

 

 

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1required the use of an ignition interlock device on every
2motor vehicle owned or operated by that person.
3    (6) In each case the Secretary of State may issue a
4restricted driving permit for a period he deems appropriate,
5except that the permit shall expire no later than 2 years from
6the date of issuance. A restricted driving permit issued under
7this Section shall be subject to cancellation, revocation, and
8suspension by the Secretary of State in like manner and for
9like cause as a driver's license issued under this Code may be
10cancelled, revoked, or suspended; except that a conviction
11upon one or more offenses against laws or ordinances
12regulating the movement of traffic shall be deemed sufficient
13cause for the revocation, suspension, or cancellation of a
14restricted driving permit. The Secretary of State may, as a
15condition to the issuance of a restricted driving permit,
16require the petitioner to participate in a designated driver
17remedial or rehabilitative program. The Secretary of State is
18authorized to cancel a restricted driving permit if the permit
19holder does not successfully complete the program. However, if
20an individual's driving privileges have been revoked in
21accordance with paragraph 13 of subsection (a) of this
22Section, no restricted driving permit shall be issued until
23the 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
26operating a motor vehicle while the person's driver's license,

 

 

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1permit or privilege was revoked, where the revocation was for
2a violation of Section 9-3 of the Criminal Code of 1961 or the
3Criminal Code of 2012 relating to the offense of reckless
4homicide or a similar out-of-state offense, the person's
5driving privileges shall be revoked pursuant to subdivision
6(a)(15) of this Section. The person may not make application
7for a license or permit until the expiration of five years from
8the effective date of the revocation or the expiration of five
9years from the date of release from a term of imprisonment,
10whichever is later.
11    (c-7) If a person is convicted of a third or subsequent
12violation of operating a motor vehicle while the person's
13driver's license, permit or privilege was revoked, where the
14revocation was for a violation of Section 9-3 of the Criminal
15Code of 1961 or the Criminal Code of 2012 relating to the
16offense of reckless homicide or a similar out-of-state
17offense, the person may never apply for a license or permit.
18    (d)(1) Whenever a person under the age of 21 is convicted
19under Section 11-501 of this Code or a similar provision of a
20local ordinance or a similar out-of-state offense, the
21Secretary of State shall revoke the driving privileges of that
22person. One year after the date of revocation, and upon
23application, the Secretary of State may, if satisfied that the
24person applying will not endanger the public safety or
25welfare, issue a restricted driving permit granting the
26privilege of driving a motor vehicle only between the hours of

 

 

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15 a.m. and 9 p.m. or as otherwise provided by this Section for
2a period of one year. After this one-year period, and upon
3reapplication for a license as provided in Section 6-106, upon
4payment of the appropriate reinstatement fee provided under
5paragraph (b) of Section 6-118, the Secretary of State, in his
6discretion, may reinstate the petitioner's driver's license
7and driving privileges, or extend the restricted driving
8permit as many times as the Secretary of State deems
9appropriate, by additional periods of not more than 24 months
10each.
11    (2) If a person's license or permit is revoked or
12suspended due to 2 or more convictions of violating Section
1311-501 of this Code or a similar provision of a local ordinance
14or a similar out-of-state offense, or Section 9-3 of the
15Criminal Code of 1961 or the Criminal Code of 2012, where the
16use of alcohol or other drugs is recited as an element of the
17offense, or a similar out-of-state offense, or a combination
18of these offenses, arising out of separate occurrences, that
19person, if issued a restricted driving permit, may not operate
20a vehicle unless it has been equipped with an ignition
21interlock device as defined in Section 1-129.1.
22    (3) If a person's license or permit is revoked or
23suspended 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

 

 

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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;
7arising out of separate occurrences, that person, if issued a
8restricted driving permit, may not operate a vehicle unless it
9has been equipped with an ignition interlock device as defined
10in Section 1-129.1.
11    (3.5) If a person's license or permit is revoked or
12suspended due to a conviction for a violation of subparagraph
13(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
14of this Code, or a similar provision of a local ordinance or
15similar out-of-state offense, that person, if issued a
16restricted driving permit, may not operate a vehicle unless it
17has been equipped with an ignition interlock device as defined
18in Section 1-129.1.
19    (4) The person issued a permit conditioned upon the use of
20an interlock device must pay to the Secretary of State DUI
21Administration Fund an amount not to exceed $30 per month. The
22Secretary shall establish by rule the amount and the
23procedures, terms, and conditions relating to these fees.
24    (5) If the restricted driving permit is issued for
25employment purposes, then the prohibition against driving a
26vehicle that is not equipped with an ignition interlock device

 

 

SB1797- 544 -LRB103 03433 AMQ 48439 b

1does not apply to the operation of an occupational vehicle
2owned or leased by that person's employer when used solely for
3employment purposes. For any person who, within a 5-year
4period, is convicted of a second or subsequent offense under
5Section 11-501 of this Code, or a similar provision of a local
6ordinance or similar out-of-state offense, this employment
7exemption does not apply until either a one-year period has
8elapsed during which that person had his or her driving
9privileges revoked or a one-year period has elapsed during
10which that person had a restricted driving permit which
11required the use of an ignition interlock device on every
12motor vehicle owned or operated by that person.
13    (6) A restricted driving permit issued under this Section
14shall be subject to cancellation, revocation, and suspension
15by the Secretary of State in like manner and for like cause as
16a driver's license issued under this Code may be cancelled,
17revoked, or suspended; except that a conviction upon one or
18more offenses against laws or ordinances regulating the
19movement of traffic shall be deemed sufficient cause for the
20revocation, suspension, or cancellation of a restricted
21driving permit.
22    (d-5) The revocation of the license, permit, or driving
23privileges of a person convicted of a third or subsequent
24violation of Section 6-303 of this Code committed while his or
25her driver's license, permit, or privilege was revoked because
26of a violation of Section 9-3 of the Criminal Code of 1961 or

 

 

SB1797- 545 -LRB103 03433 AMQ 48439 b

1the Criminal Code of 2012, relating to the offense of reckless
2homicide, or a similar provision of a law of another state, is
3permanent. The Secretary may not, at any time, issue a license
4or permit to that person.
5    (e) This Section is subject to the provisions of the
6Driver License Compact.
7    (f) Any revocation imposed upon any person under
8subsections 2 and 3 of paragraph (b) that is in effect on
9December 31, 1988 shall be converted to a suspension for a like
10period of time.
11    (g) The Secretary of State shall not issue a restricted
12driving permit to a person under the age of 16 years whose
13driving privileges have been revoked under any provisions of
14this Code.
15    (h) The Secretary of State shall require the use of
16ignition interlock devices for a period not less than 5 years
17on all vehicles owned by a person who has been convicted of a
18second or subsequent offense under Section 11-501 of this Code
19or a similar provision of a local ordinance. The person must
20pay to the Secretary of State DUI Administration Fund an
21amount not to exceed $30 for each month that he or she uses the
22device. The Secretary shall establish by rule and regulation
23the procedures for certification and use of the interlock
24system, the amount of the fee, and the procedures, terms, and
25conditions relating to these fees. During the time period in
26which a person is required to install an ignition interlock

 

 

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1device under this subsection (h), that person shall only
2operate vehicles in which ignition interlock devices have been
3installed, except as allowed by subdivision (c)(5) or (d)(5)
4of this Section. Regardless of whether an exemption under
5subdivision (c) (5) or (d) (5) applies, every person subject
6to this subsection shall not be eligible for reinstatement
7until the person installs an ignition interlock device and
8maintains the ignition interlock device for 5 years.
9    (i) (Blank).
10    (j) In accordance with 49 C.F.R. 384, the Secretary of
11State may not issue a restricted driving permit for the
12operation of a commercial motor vehicle to a person holding a
13CDL whose driving privileges have been revoked, suspended,
14cancelled, or disqualified under any provisions of this Code.
15    (k) The Secretary of State shall notify by mail any person
16whose driving privileges have been revoked under paragraph 16
17of subsection (a) of this Section that his or her driving
18privileges and driver's license will be revoked 90 days from
19the 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;
23hardship cases.
24    (a) Except as provided in this Section, the Secretary of
25State shall immediately revoke the license, permit, or driving

 

 

SB1797- 547 -LRB103 03433 AMQ 48439 b

1privileges of any driver upon receiving a report of the
2driver'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

 

 

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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

 

 

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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

 

 

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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
8the license or permit of any driver in the following
9situations:
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

 

 

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1offenses enumerated in this Section, the court may recommend
2and the Secretary of State in his discretion, without regard
3to whether the recommendation is made by the court may, upon
4application, issue to the person a restricted driving permit
5granting the privilege of driving a motor vehicle between the
6petitioner's residence and petitioner's place of employment or
7within the scope of the petitioner's employment related
8duties, or to allow the petitioner to transport himself or
9herself or a family member of the petitioner's household to a
10medical facility for the receipt of necessary medical care or
11to allow the petitioner to transport himself or herself to and
12from alcohol or drug remedial or rehabilitative activity
13recommended by a licensed service provider, or to allow the
14petitioner to transport himself or herself or a family member
15of the petitioner's household to classes, as a student, at an
16accredited educational institution, or to allow the petitioner
17to transport children, elderly persons, or persons with
18disabilities who do not hold driving privileges and are living
19in the petitioner's household to and from child care daycare;
20if the petitioner is able to demonstrate that no alternative
21means of transportation is reasonably available and that the
22petitioner will not endanger the public safety or welfare;
23provided that the Secretary's discretion shall be limited to
24cases where undue hardship, as defined by the rules of the
25Secretary of State, would result from a failure to issue the
26restricted driving permit.

 

 

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1    (1.5) A person subject to the provisions of paragraph 4 of
2subsection (b) of Section 6-208 of this Code may make
3application for a restricted driving permit at a hearing
4conducted under Section 2-118 of this Code after the
5expiration of 5 years from the effective date of the most
6recent revocation, or after 5 years from the date of release
7from a period of imprisonment resulting from a conviction of
8the most recent offense, whichever is later, provided the
9person, in addition to all other requirements of the
10Secretary, 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
25restricted driving permit under this paragraph (1.5), the
26Secretary may consider any relevant evidence, including, but

 

 

SB1797- 553 -LRB103 03433 AMQ 48439 b

1not limited to, testimony, affidavits, records, and the
2results of regular alcohol or drug tests. Persons subject to
3the provisions of paragraph 4 of subsection (b) of Section
46-208 of this Code and who have been convicted of more than one
5violation of paragraph (3), paragraph (4), or paragraph (5) of
6subsection (a) of Section 11-501 of this Code shall not be
7eligible 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
10vehicles equipped with an ignition interlock device as
11required under paragraph (2) of subsection (c) of this Section
12and subparagraph (A) of paragraph 3 of subsection (c) of
13Section 6-206 of this Code. The Secretary may revoke a
14restricted driving permit or amend the conditions of a
15restricted driving permit issued under this paragraph (1.5) if
16the holder operates a vehicle that is not equipped with an
17ignition interlock device, or for any other reason authorized
18under this Code.
19    A restricted driving permit issued under this paragraph
20(1.5) shall be revoked, and the holder barred from applying
21for or being issued a restricted driving permit in the future,
22if the holder is subsequently convicted of a violation of
23Section 11-501 of this Code, a similar provision of a local
24ordinance, or a similar offense in another state.
25    (2) If a person's license or permit is revoked or
26suspended due to 2 or more convictions of violating Section

 

 

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111-501 of this Code or a similar provision of a local ordinance
2or a similar out-of-state offense, or Section 9-3 of the
3Criminal Code of 1961 or the Criminal Code of 2012, where the
4use of alcohol or other drugs is recited as an element of the
5offense, or a similar out-of-state offense, or a combination
6of these offenses, arising out of separate occurrences, that
7person, if issued a restricted driving permit, may not operate
8a vehicle unless it has been equipped with an ignition
9interlock 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

 

 

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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;
5that person, if issued a restricted driving permit, may not
6operate a vehicle unless it has been equipped with an ignition
7interlock device as defined in Section 1-129.1.
8    (4) The person issued a permit conditioned on the use of an
9ignition interlock device must pay to the Secretary of State
10DUI Administration Fund an amount not to exceed $30 per month.
11The Secretary shall establish by rule the amount and the
12procedures, terms, and conditions relating to these fees.
13    (5) If the restricted driving permit is issued for
14employment purposes, then the prohibition against operating a
15motor vehicle that is not equipped with an ignition interlock
16device does not apply to the operation of an occupational
17vehicle owned or leased by that person's employer when used
18solely for employment purposes. For any person who, within a
195-year period, is convicted of a second or subsequent offense
20under Section 11-501 of this Code, or a similar provision of a
21local ordinance or similar out-of-state offense, this
22employment exemption does not apply until either a one-year
23period has elapsed during which that person had his or her
24driving privileges revoked or a one-year period has elapsed
25during which that person had a restricted driving permit which
26required the use of an ignition interlock device on every

 

 

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1motor vehicle owned or operated by that person.
2    (6) In each case the Secretary of State may issue a
3restricted driving permit for a period he deems appropriate,
4except that the permit shall expire no later than 2 years from
5the date of issuance. A restricted driving permit issued under
6this Section shall be subject to cancellation, revocation, and
7suspension by the Secretary of State in like manner and for
8like cause as a driver's license issued under this Code may be
9cancelled, revoked, or suspended; except that a conviction
10upon one or more offenses against laws or ordinances
11regulating the movement of traffic shall be deemed sufficient
12cause for the revocation, suspension, or cancellation of a
13restricted driving permit. The Secretary of State may, as a
14condition to the issuance of a restricted driving permit,
15require the petitioner to participate in a designated driver
16remedial or rehabilitative program. The Secretary of State is
17authorized to cancel a restricted driving permit if the permit
18holder does not successfully complete the program. However, if
19an individual's driving privileges have been revoked in
20accordance with paragraph 13 of subsection (a) of this
21Section, no restricted driving permit shall be issued until
22the 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
25operating a motor vehicle while the person's driver's license,
26permit or privilege was revoked, where the revocation was for

 

 

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1a violation of Section 9-3 of the Criminal Code of 1961 or the
2Criminal Code of 2012 relating to the offense of reckless
3homicide or a similar out-of-state offense, the person's
4driving privileges shall be revoked pursuant to subdivision
5(a)(15) of this Section. The person may not make application
6for a license or permit until the expiration of five years from
7the effective date of the revocation or the expiration of five
8years from the date of release from a term of imprisonment,
9whichever is later.
10    (c-7) If a person is convicted of a third or subsequent
11violation of operating a motor vehicle while the person's
12driver's license, permit or privilege was revoked, where the
13revocation was for a violation of Section 9-3 of the Criminal
14Code of 1961 or the Criminal Code of 2012 relating to the
15offense of reckless homicide or a similar out-of-state
16offense, the person may never apply for a license or permit.
17    (d)(1) Whenever a person under the age of 21 is convicted
18under Section 11-501 of this Code or a similar provision of a
19local ordinance or a similar out-of-state offense, the
20Secretary of State shall revoke the driving privileges of that
21person. One year after the date of revocation, and upon
22application, the Secretary of State may, if satisfied that the
23person applying will not endanger the public safety or
24welfare, issue a restricted driving permit granting the
25privilege of driving a motor vehicle only between the hours of
265 a.m. and 9 p.m. or as otherwise provided by this Section for

 

 

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1a period of one year. After this one-year period, and upon
2reapplication for a license as provided in Section 6-106, upon
3payment of the appropriate reinstatement fee provided under
4paragraph (b) of Section 6-118, the Secretary of State, in his
5discretion, may reinstate the petitioner's driver's license
6and driving privileges, or extend the restricted driving
7permit as many times as the Secretary of State deems
8appropriate, by additional periods of not more than 24 months
9each.
10    (2) If a person's license or permit is revoked or
11suspended due to 2 or more convictions of violating Section
1211-501 of this Code or a similar provision of a local ordinance
13or a similar out-of-state offense, or Section 9-3 of the
14Criminal Code of 1961 or the Criminal Code of 2012, where the
15use of alcohol or other drugs is recited as an element of the
16offense, or a similar out-of-state offense, or a combination
17of these offenses, arising out of separate occurrences, that
18person, if issued a restricted driving permit, may not operate
19a vehicle unless it has been equipped with an ignition
20interlock device as defined in Section 1-129.1.
21    (3) If a person's license or permit is revoked or
22suspended 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

 

 

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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;
6arising out of separate occurrences, that person, if issued a
7restricted driving permit, may not operate a vehicle unless it
8has been equipped with an ignition interlock device as defined
9in Section 1-129.1.
10    (3.5) If a person's license or permit is revoked or
11suspended due to a conviction for a violation of subparagraph
12(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
13of this Code, or a similar provision of a local ordinance or
14similar out-of-state offense, that person, if issued a
15restricted driving permit, may not operate a vehicle unless it
16has been equipped with an ignition interlock device as defined
17in Section 1-129.1.
18    (4) The person issued a permit conditioned upon the use of
19an interlock device must pay to the Secretary of State DUI
20Administration Fund an amount not to exceed $30 per month. The
21Secretary shall establish by rule the amount and the
22procedures, terms, and conditions relating to these fees.
23    (5) If the restricted driving permit is issued for
24employment purposes, then the prohibition against driving a
25vehicle that is not equipped with an ignition interlock device
26does not apply to the operation of an occupational vehicle

 

 

SB1797- 560 -LRB103 03433 AMQ 48439 b

1owned or leased by that person's employer when used solely for
2employment purposes. For any person who, within a 5-year
3period, is convicted of a second or subsequent offense under
4Section 11-501 of this Code, or a similar provision of a local
5ordinance or similar out-of-state offense, this employment
6exemption does not apply until either a one-year period has
7elapsed during which that person had his or her driving
8privileges revoked or a one-year period has elapsed during
9which that person had a restricted driving permit which
10required the use of an ignition interlock device on every
11motor vehicle owned or operated by that person.
12    (6) A restricted driving permit issued under this Section
13shall be subject to cancellation, revocation, and suspension
14by the Secretary of State in like manner and for like cause as
15a driver's license issued under this Code may be cancelled,
16revoked, or suspended; except that a conviction upon one or
17more offenses against laws or ordinances regulating the
18movement of traffic shall be deemed sufficient cause for the
19revocation, suspension, or cancellation of a restricted
20driving permit.
21    (d-5) The revocation of the license, permit, or driving
22privileges of a person convicted of a third or subsequent
23violation of Section 6-303 of this Code committed while his or
24her driver's license, permit, or privilege was revoked because
25of a violation of Section 9-3 of the Criminal Code of 1961 or
26the Criminal Code of 2012, relating to the offense of reckless

 

 

SB1797- 561 -LRB103 03433 AMQ 48439 b

1homicide, or a similar provision of a law of another state, is
2permanent. The Secretary may not, at any time, issue a license
3or permit to that person.
4    (e) This Section is subject to the provisions of the
5Driver License Compact.
6    (f) Any revocation imposed upon any person under
7subsections 2 and 3 of paragraph (b) that is in effect on
8December 31, 1988 shall be converted to a suspension for a like
9period of time.
10    (g) The Secretary of State shall not issue a restricted
11driving permit to a person under the age of 16 years whose
12driving privileges have been revoked under any provisions of
13this Code.
14    (h) The Secretary of State shall require the use of
15ignition interlock devices for a period not less than 5 years
16on all vehicles owned by a person who has been convicted of a
17second or subsequent offense under Section 11-501 of this Code
18or a similar provision of a local ordinance. The person must
19pay to the Secretary of State DUI Administration Fund an
20amount not to exceed $30 for each month that he or she uses the
21device. The Secretary shall establish by rule and regulation
22the procedures for certification and use of the interlock
23system, the amount of the fee, and the procedures, terms, and
24conditions relating to these fees. During the time period in
25which a person is required to install an ignition interlock
26device under this subsection (h), that person shall only

 

 

SB1797- 562 -LRB103 03433 AMQ 48439 b

1operate vehicles in which ignition interlock devices have been
2installed, except as allowed by subdivision (c)(5) or (d)(5)
3of this Section. Regardless of whether an exemption under
4subdivision (c) (5) or (d) (5) applies, every person subject
5to this subsection shall not be eligible for reinstatement
6until the person installs an ignition interlock device and
7maintains the ignition interlock device for 5 years.
8    (i) (Blank).
9    (j) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been revoked, suspended,
13cancelled, or disqualified under any provisions of this Code.
14    (k) The Secretary of State shall notify by mail any person
15whose driving privileges have been revoked under paragraph 16
16of subsection (a) of this Section that his or her driving
17privileges and driver's license will be revoked 90 days from
18the date of the mailing of the notice.
19(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
20102-982, 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
24license or permit; right to a hearing.
25    (a) The Secretary of State is authorized to suspend or

 

 

SB1797- 563 -LRB103 03433 AMQ 48439 b

1revoke the driving privileges of any person without
2preliminary hearing upon a showing of the person's records or
3other 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

 

 

SB1797- 564 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 565 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 566 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 567 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 568 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 569 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 570 -LRB103 03433 AMQ 48439 b

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

 

 

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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,

 

 

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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,
11and 27 of this subsection, license means any driver's license,
12any traffic ticket issued when the person's driver's license
13is deposited in lieu of bail, a suspension notice issued by the
14Secretary of State, a duplicate or corrected driver's license,
15a probationary driver's license, or a temporary driver's
16license.
17    (b) If any conviction forming the basis of a suspension or
18revocation authorized under this Section is appealed, the
19Secretary of State may rescind or withhold the entry of the
20order of suspension or revocation, as the case may be,
21provided that a certified copy of a stay order of a court is
22filed with the Secretary of State. If the conviction is
23affirmed on appeal, the date of the conviction shall relate
24back to the time the original judgment of conviction was
25entered and the 6-month limitation prescribed shall not apply.
26    (c) 1. Upon suspending or revoking the driver's license or

 

 

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1permit of any person as authorized in this Section, the
2Secretary of State shall immediately notify the person in
3writing of the revocation or suspension. The notice to be
4deposited in the United States mail, postage prepaid, to the
5last known address of the person.
6    2. If the Secretary of State suspends the driver's license
7of a person under subsection 2 of paragraph (a) of this
8Section, a person's privilege to operate a vehicle as an
9occupation shall not be suspended, provided an affidavit is
10properly completed, the appropriate fee received, and a permit
11issued prior to the effective date of the suspension, unless 5
12offenses were committed, at least 2 of which occurred while
13operating a commercial vehicle in connection with the driver's
14regular occupation. All other driving privileges shall be
15suspended by the Secretary of State. Any driver prior to
16operating a vehicle for occupational purposes only must submit
17the affidavit on forms to be provided by the Secretary of State
18setting forth the facts of the person's occupation. The
19affidavit shall also state the number of offenses committed
20while operating a vehicle in connection with the driver's
21regular occupation. The affidavit shall be accompanied by the
22driver's license. Upon receipt of a properly completed
23affidavit, the Secretary of State shall issue the driver a
24permit to operate a vehicle in connection with the driver's
25regular occupation only. Unless the permit is issued by the
26Secretary of State prior to the date of suspension, the

 

 

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1privilege to drive any motor vehicle shall be suspended as set
2forth in the notice that was mailed under this Section. If an
3affidavit is received subsequent to the effective date of this
4suspension, a permit may be issued for the remainder of the
5suspension period.
6    The provisions of this subparagraph shall not apply to any
7driver required to possess a CDL for the purpose of operating a
8commercial motor vehicle.
9    Any person who falsely states any fact in the affidavit
10required herein shall be guilty of perjury under Section 6-302
11and upon conviction thereof shall have all driving privileges
12revoked without further rights.
13    3. At the conclusion of a hearing under Section 2-118 of
14this Code, the Secretary of State shall either rescind or
15continue an order of revocation or shall substitute an order
16of suspension; or, good cause appearing therefor, rescind,
17continue, change, or extend the order of suspension. If the
18Secretary of State does not rescind the order, the Secretary
19may upon application, to relieve undue hardship (as defined by
20the rules of the Secretary of State), issue a restricted
21driving permit granting the privilege of driving a motor
22vehicle between the petitioner's residence and petitioner's
23place of employment or within the scope of the petitioner's
24employment-related duties, or to allow the petitioner to
25transport himself or herself, or a family member of the
26petitioner's household to a medical facility, to receive

 

 

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1necessary medical care, to allow the petitioner to transport
2himself or herself to and from alcohol or drug remedial or
3rehabilitative activity recommended by a licensed service
4provider, or to allow the petitioner to transport himself or
5herself or a family member of the petitioner's household to
6classes, as a student, at an accredited educational
7institution, or to allow the petitioner to transport children,
8elderly persons, or persons with disabilities who do not hold
9driving privileges and are living in the petitioner's
10household to and from child care or adult day care daycare. The
11petitioner must demonstrate that no alternative means of
12transportation is reasonably available and that the petitioner
13will 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

 

 

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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

 

 

SB1797- 577 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 578 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 579 -LRB103 03433 AMQ 48439 b

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)

 

 

SB1797- 580 -LRB103 03433 AMQ 48439 b

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
16subsection (a), reports received by the Secretary of State
17under this Section shall, except during the actual time the
18suspension is in effect, be privileged information and for use
19only by the courts, police officers, prosecuting authorities,
20the driver licensing administrator of any other state, the
21Secretary of State, or the parent or legal guardian of a driver
22under the age of 18. However, beginning January 1, 2008, if the
23person is a CDL holder, the suspension shall also be made
24available to the driver licensing administrator of any other
25state, the U.S. Department of Transportation, and the affected
26driver or motor carrier or prospective motor carrier upon

 

 

SB1797- 581 -LRB103 03433 AMQ 48439 b

1request.
2    (c-4) In the case of a suspension under paragraph 43 of
3subsection (a), the Secretary of State shall notify the person
4by mail that his or her driving privileges and driver's
5license will be suspended one month after the date of the
6mailing of the notice.
7    (c-5) The Secretary of State may, as a condition of the
8reissuance of a driver's license or permit to an applicant
9whose driver's license or permit has been suspended before he
10or she reached the age of 21 years pursuant to any of the
11provisions of this Section, require the applicant to
12participate in a driver remedial education course and be
13retested under Section 6-109 of this Code.
14    (d) This Section is subject to the provisions of the
15Driver License Compact.
16    (e) The Secretary of State shall not issue a restricted
17driving permit to a person under the age of 16 years whose
18driving privileges have been suspended or revoked under any
19provisions of this Code.
20    (f) In accordance with 49 CFR 384, the Secretary of State
21may not issue a restricted driving permit for the operation of
22a commercial motor vehicle to a person holding a CDL whose
23driving privileges have been suspended, revoked, cancelled, or
24disqualified under any provisions of this Code.
25(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
26101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

 

 

SB1797- 582 -LRB103 03433 AMQ 48439 b

18-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
2eff. 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
5license or permit; right to a hearing.
6    (a) The Secretary of State is authorized to suspend or
7revoke the driving privileges of any person without
8preliminary hearing upon a showing of the person's records or
9other 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;

 

 

SB1797- 583 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 584 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 585 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 586 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 587 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 588 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 589 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

SB1797- 591 -LRB103 03433 AMQ 48439 b

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,
18and 27 of this subsection, license means any driver's license,
19any traffic ticket issued when the person's driver's license
20is deposited in lieu of bail, a suspension notice issued by the
21Secretary of State, a duplicate or corrected driver's license,
22a probationary driver's license, or a temporary driver's
23license.
24    (b) If any conviction forming the basis of a suspension or
25revocation authorized under this Section is appealed, the
26Secretary of State may rescind or withhold the entry of the

 

 

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1order of suspension or revocation, as the case may be,
2provided that a certified copy of a stay order of a court is
3filed with the Secretary of State. If the conviction is
4affirmed on appeal, the date of the conviction shall relate
5back to the time the original judgment of conviction was
6entered and the 6-month limitation prescribed shall not apply.
7    (c) 1. Upon suspending or revoking the driver's license or
8permit of any person as authorized in this Section, the
9Secretary of State shall immediately notify the person in
10writing of the revocation or suspension. The notice to be
11deposited in the United States mail, postage prepaid, to the
12last known address of the person.
13    2. If the Secretary of State suspends the driver's license
14of a person under subsection 2 of paragraph (a) of this
15Section, a person's privilege to operate a vehicle as an
16occupation shall not be suspended, provided an affidavit is
17properly completed, the appropriate fee received, and a permit
18issued prior to the effective date of the suspension, unless 5
19offenses were committed, at least 2 of which occurred while
20operating a commercial vehicle in connection with the driver's
21regular occupation. All other driving privileges shall be
22suspended by the Secretary of State. Any driver prior to
23operating a vehicle for occupational purposes only must submit
24the affidavit on forms to be provided by the Secretary of State
25setting forth the facts of the person's occupation. The
26affidavit shall also state the number of offenses committed

 

 

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1while operating a vehicle in connection with the driver's
2regular occupation. The affidavit shall be accompanied by the
3driver's license. Upon receipt of a properly completed
4affidavit, the Secretary of State shall issue the driver a
5permit to operate a vehicle in connection with the driver's
6regular occupation only. Unless the permit is issued by the
7Secretary of State prior to the date of suspension, the
8privilege to drive any motor vehicle shall be suspended as set
9forth in the notice that was mailed under this Section. If an
10affidavit is received subsequent to the effective date of this
11suspension, a permit may be issued for the remainder of the
12suspension period.
13    The provisions of this subparagraph shall not apply to any
14driver required to possess a CDL for the purpose of operating a
15commercial motor vehicle.
16    Any person who falsely states any fact in the affidavit
17required herein shall be guilty of perjury under Section 6-302
18and upon conviction thereof shall have all driving privileges
19revoked without further rights.
20    3. At the conclusion of a hearing under Section 2-118 of
21this Code, the Secretary of State shall either rescind or
22continue an order of revocation or shall substitute an order
23of suspension; or, good cause appearing therefor, rescind,
24continue, change, or extend the order of suspension. If the
25Secretary of State does not rescind the order, the Secretary
26may upon application, to relieve undue hardship (as defined by

 

 

SB1797- 594 -LRB103 03433 AMQ 48439 b

1the rules of the Secretary of State), issue a restricted
2driving permit granting the privilege of driving a motor
3vehicle between the petitioner's residence and petitioner's
4place of employment or within the scope of the petitioner's
5employment-related duties, or to allow the petitioner to
6transport himself or herself, or a family member of the
7petitioner's household to a medical facility, to receive
8necessary medical care, to allow the petitioner to transport
9himself or herself to and from alcohol or drug remedial or
10rehabilitative activity recommended by a licensed service
11provider, or to allow the petitioner to transport himself or
12herself or a family member of the petitioner's household to
13classes, as a student, at an accredited educational
14institution, or to allow the petitioner to transport children,
15elderly persons, or persons with disabilities who do not hold
16driving privileges and are living in the petitioner's
17household to and from child care or adult day care daycare. The
18petitioner must demonstrate that no alternative means of
19transportation is reasonably available and that the petitioner
20will 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

 

 

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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

 

 

SB1797- 596 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 597 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 598 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 599 -LRB103 03433 AMQ 48439 b

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
23subsection (a), reports received by the Secretary of State
24under this Section shall, except during the actual time the
25suspension is in effect, be privileged information and for use
26only by the courts, police officers, prosecuting authorities,

 

 

SB1797- 600 -LRB103 03433 AMQ 48439 b

1the driver licensing administrator of any other state, the
2Secretary of State, or the parent or legal guardian of a driver
3under the age of 18. However, beginning January 1, 2008, if the
4person is a CDL holder, the suspension shall also be made
5available to the driver licensing administrator of any other
6state, the U.S. Department of Transportation, and the affected
7driver or motor carrier or prospective motor carrier upon
8request.
9    (c-4) In the case of a suspension under paragraph 43 of
10subsection (a), the Secretary of State shall notify the person
11by mail that his or her driving privileges and driver's
12license will be suspended one month after the date of the
13mailing of the notice.
14    (c-5) The Secretary of State may, as a condition of the
15reissuance of a driver's license or permit to an applicant
16whose driver's license or permit has been suspended before he
17or she reached the age of 21 years pursuant to any of the
18provisions of this Section, require the applicant to
19participate in a driver remedial education course and be
20retested under Section 6-109 of this Code.
21    (d) This Section is subject to the provisions of the
22Driver License Compact.
23    (e) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been suspended or revoked under any
26provisions of this Code.

 

 

SB1797- 601 -LRB103 03433 AMQ 48439 b

1    (f) In accordance with 49 CFR 384, the Secretary of State
2may not issue a restricted driving permit for the operation of
3a commercial motor vehicle to a person holding a CDL whose
4driving privileges have been suspended, revoked, cancelled, or
5disqualified under any provisions of this Code.
6(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
7101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
88-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
9eff. 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
14which is used for a purpose that requires a school bus driver
15permit, commuter van or motor vehicle owned by or used for hire
16by and in connection with the operation of private or public
17schools, day camps, summer camps or nursery schools, and no
18commuter van or passenger car used for a for-profit
19ridesharing arrangement, shall be operated for such purposes
20unless the owner thereof shall carry a minimum of personal
21injury liability insurance in the amount of $25,000 for any
22one person in any one accident, and subject to the limit for
23one person, $100,000 for two or more persons injured by reason
24of the operation of the vehicle in any one accident. This
25subsection (a) applies only to personal injury liability

 

 

SB1797- 602 -LRB103 03433 AMQ 48439 b

1policies issued or renewed before January 1, 2013.
2    (b) Liability insurance policies issued or renewed on and
3after 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
26this Section must be provided by a licensed and admitted

 

 

SB1797- 603 -LRB103 03433 AMQ 48439 b

1insurance carrier or an intergovernmental cooperative formed
2under Section 10 of Article VII of the Illinois Constitution,
3or Section 6 or 9 of the Intergovernmental Cooperation Act, or
4provided by a certified self-insurer under Section 7-502 of
5this Code. The excess or umbrella liability coverage
6requirement may be met by securing surplus line insurance as
7defined under Section 445 of the Illinois Insurance Code. If
8the excess or umbrella liability coverage requirement is met
9by securing surplus line insurance, that coverage must be
10effected through a licensed surplus line producer acting under
11the surplus line insurance laws and regulations of this State.
12Nothing in this subsection (c) shall be construed as
13prohibiting a licensed and admitted insurance carrier or an
14intergovernmental cooperative formed under Section 10 of
15Article VII of the Illinois Constitution, or Section 6 or 9 of
16the Intergovernmental Cooperation Act, or a certified
17self-insurer under Section 7-502 of this Code, from retaining
18the risk required under paragraphs (1) and (2) of subsection
19(b) of this Section or issuing a single primary policy meeting
20the requirements of paragraphs (1) and (2) of subsection (b).
21    (d) Each owner of a vehicle required to obtain the minimum
22liability requirements under subsection (b) of this Section
23shall attest that the vehicle meets the minimum insurance
24requirements under this Section. The Secretary of State shall
25create a form for each owner of a vehicle to attest that the
26owner meets the minimum insurance requirements and the owner

 

 

SB1797- 604 -LRB103 03433 AMQ 48439 b

1of the vehicle shall submit the form with each registration
2application. The form shall be valid for the full registration
3period; however, if at any time the Secretary has reason to
4believe that the owner does not have the minimum required
5amount of insurance for a vehicle, then the Secretary may
6require a certificate of insurance, or its equivalent, to
7ensure the vehicle is insured. If the owner fails to produce a
8certificate of insurance, or its equivalent, within 2 calendar
9days after the request was made, then the Secretary may revoke
10the vehicle owner's registration until the Secretary is
11assured the vehicle meets the minimum insurance requirements.
12If the owner of a vehicle participates in an intergovernmental
13cooperative or is self-insured, then the owner shall attest
14that the insurance required under this Section is equivalent
15to or greater than the insurance required under paragraph (1)
16of subsection (b) of this Section. The Secretary may adopt any
17rules 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
23which is used for a purpose that requires a school bus driver
24permit, commuter van or motor vehicle owned by or used for hire
25by and in connection with the operation of private or public

 

 

SB1797- 605 -LRB103 03433 AMQ 48439 b

1schools, day camps, summer camps or nursery schools, and no
2commuter van or passenger car used for a for-profit
3ridesharing arrangement, shall be operated for such purposes
4unless the owner thereof shall carry a minimum of personal
5injury liability insurance in the amount of $25,000 for any
6one person in any one crash, and subject to the limit for one
7person, $100,000 for two or more persons injured by reason of
8the operation of the vehicle in any one crash. This subsection
9(a) applies only to personal injury liability policies issued
10or renewed before January 1, 2013.
11    (b) Liability insurance policies issued or renewed on and
12after 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

 

 

SB1797- 606 -LRB103 03433 AMQ 48439 b

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
9this Section must be provided by a licensed and admitted
10insurance carrier or an intergovernmental cooperative formed
11under Section 10 of Article VII of the Illinois Constitution,
12or Section 6 or 9 of the Intergovernmental Cooperation Act, or
13provided by a certified self-insurer under Section 7-502 of
14this Code. The excess or umbrella liability coverage
15requirement may be met by securing surplus line insurance as
16defined under Section 445 of the Illinois Insurance Code. If
17the excess or umbrella liability coverage requirement is met
18by securing surplus line insurance, that coverage must be
19effected through a licensed surplus line producer acting under
20the surplus line insurance laws and regulations of this State.
21Nothing in this subsection (c) shall be construed as
22prohibiting a licensed and admitted insurance carrier or an
23intergovernmental cooperative formed under Section 10 of
24Article VII of the Illinois Constitution, or Section 6 or 9 of
25the Intergovernmental Cooperation Act, or a certified
26self-insurer under Section 7-502 of this Code, from retaining

 

 

SB1797- 607 -LRB103 03433 AMQ 48439 b

1the risk required under paragraphs (1) and (2) of subsection
2(b) of this Section or issuing a single primary policy meeting
3the requirements of paragraphs (1) and (2) of subsection (b).
4    (d) Each owner of a vehicle required to obtain the minimum
5liability requirements under subsection (b) of this Section
6shall attest that the vehicle meets the minimum insurance
7requirements under this Section. The Secretary of State shall
8create a form for each owner of a vehicle to attest that the
9owner meets the minimum insurance requirements and the owner
10of the vehicle shall submit the form with each registration
11application. The form shall be valid for the full registration
12period; however, if at any time the Secretary has reason to
13believe that the owner does not have the minimum required
14amount of insurance for a vehicle, then the Secretary may
15require a certificate of insurance, or its equivalent, to
16ensure the vehicle is insured. If the owner fails to produce a
17certificate of insurance, or its equivalent, within 2 calendar
18days after the request was made, then the Secretary may revoke
19the vehicle owner's registration until the Secretary is
20assured the vehicle meets the minimum insurance requirements.
21If the owner of a vehicle participates in an intergovernmental
22cooperative or is self-insured, then the owner shall attest
23that the insurance required under this Section is equivalent
24to or greater than the insurance required under paragraph (1)
25of subsection (b) of this Section. The Secretary may adopt any
26rules necessary to enforce the provisions of this subsection

 

 

SB1797- 608 -LRB103 03433 AMQ 48439 b

1(d).
2(Source: P.A. 102-982, eff. 7-1-23.)
 
3    Section 280. The Criminal Code of 2012 is amended by
4changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24,
518-1, 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"
8has the meaning ascribed to it in Section 2.09 of the Child
9Care 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
13the meaning ascribed to it in Section 2.18 of the Child Care
14Act 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
18care home" has the meaning ascribed to it in Section 2.20 of
19the Child Care Act of 1969.
20(Source: P.A. 96-556, eff. 1-1-10.)
 
21    (720 ILCS 5/11-0.1)

 

 

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1    Sec. 11-0.1. Definitions. In this Article, unless the
2context clearly requires otherwise, the following terms are
3defined as indicated:
4    "Accused" means a person accused of an offense prohibited
5by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
6this Code or a person for whose conduct the accused is legally
7responsible under Article 5 of this Code.
8    "Adult obscenity or child pornography Internet site". See
9Section 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

 

 

SB1797- 610 -LRB103 03433 AMQ 48439 b

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
13not limited to, sexually transmitted disease, pregnancy, and
14impotence.
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
22sexual penetration or sexual conduct in question. Lack of
23verbal or physical resistance or submission by the victim
24resulting from the use of force or threat of force by the
25accused shall not constitute consent. The manner of dress of
26the victim at the time of the offense shall not constitute

 

 

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1consent.
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,
9uncle, great-aunt, or great-uncle, whether by whole blood,
10half-blood, or adoption, and includes a step-grandparent,
11step-parent, or step-child. "Family member" also means, if the
12victim is a child under 18 years of age, an accused who has
13resided in the household with the child continuously for at
14least 6 months.
15    "Force or threat of force" means the use of force or
16violence or the threat of force or violence, including, but
17not 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.

 

 

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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
811-9.1A.
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
14as a prostitute, to receive anything of value for personally
15rendered prostitution services or to receive anything of value
16from a prostitute, if the thing received is not for lawful
17consideration and the person knows it was earned in whole or in
18part 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.

 

 

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1    "Sexual conduct" means any knowing touching or fondling by
2the victim or the accused, either directly or through
3clothing, of the sex organs, anus, or breast of the victim or
4the accused, or any part of the body of a child under 13 years
5of age, or any transfer or transmission of semen by the accused
6upon any part of the clothed or unclothed body of the victim,
7for the purpose of sexual gratification or arousal of the
8victim or the accused.
9    "Sexual excitement". See Section 11-21.
10    "Sexual penetration" means any contact, however slight,
11between the sex organ or anus of one person and an object or
12the sex organ, mouth, or anus of another person, or any
13intrusion, however slight, of any part of the body of one
14person or of any animal or object into the sex organ or anus of
15another person, including, but not limited to, cunnilingus,
16fellatio, or anal penetration. Evidence of emission of semen
17is 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
24administers any intoxicating or anesthetic substance, or any
25controlled substance causing the victim to become unconscious
26of the nature of the act and this condition was known, or

 

 

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1reasonably should have been known by the accused. "Unable to
2give knowing consent" also includes when the victim has taken
3an intoxicating substance or any controlled substance causing
4the victim to become unconscious of the nature of the act, and
5this condition was known or reasonably should have been known
6by the accused, but the accused did not provide or administer
7the intoxicating substance. As used in this paragraph,
8"unconscious of the nature of the act" means incapable of
9resisting because the victim meets any one of the following
10conditions:
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
23the 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

 

 

SB1797- 615 -LRB103 03433 AMQ 48439 b

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

 

 

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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
8an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
911-1.50, 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
13offenders prohibited; approaching, contacting, residing with,
14or communicating with a child within certain places by child
15sex offenders prohibited.
16    (a) It is unlawful for a child sex offender to knowingly be
17present in any school building, on real property comprising
18any school, or in any conveyance owned, leased, or contracted
19by a school to transport students to or from school or a school
20related activity when persons under the age of 18 are present
21in the building, on the grounds or in the conveyance, unless
22the offender is a parent or guardian of a student attending the
23school and the parent or guardian is: (i) attending a
24conference at the school with school personnel to discuss the
25progress of his or her child academically or socially, (ii)

 

 

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1participating in child review conferences in which evaluation
2and placement decisions may be made with respect to his or her
3child regarding special education services, or (iii) attending
4conferences to discuss other student issues concerning his or
5her child such as retention and promotion and notifies the
6principal of the school of his or her presence at the school or
7unless the offender has permission to be present from the
8superintendent or the school board or in the case of a private
9school from the principal. In the case of a public school, if
10permission is granted, the superintendent or school board
11president must inform the principal of the school where the
12sex offender will be present. Notification includes the nature
13of the sex offender's visit and the hours in which the sex
14offender will be present in the school. The sex offender is
15responsible for notifying the principal's office when he or
16she arrives on school property and when he or she departs from
17school property. If the sex offender is to be present in the
18vicinity of children, the sex offender has the duty to remain
19under the direct supervision of a school official.
20    (a-5) It is unlawful for a child sex offender to knowingly
21be present within 100 feet of a site posted as a pick-up or
22discharge stop for a conveyance owned, leased, or contracted
23by a school to transport students to or from school or a school
24related activity when one or more persons under the age of 18
25are present at the site.
26    (a-10) It is unlawful for a child sex offender to

 

 

SB1797- 618 -LRB103 03433 AMQ 48439 b

1knowingly be present in any public park building, a playground
2or recreation area within any publicly accessible privately
3owned building, or on real property comprising any public park
4when persons under the age of 18 are present in the building or
5on the grounds and to approach, contact, or communicate with a
6child under 18 years of age, unless the offender is a parent or
7guardian of a person under 18 years of age present in the
8building or on the grounds.
9    (b) It is unlawful for a child sex offender to knowingly
10loiter within 500 feet of a school building or real property
11comprising any school while persons under the age of 18 are
12present in the building or on the grounds, unless the offender
13is a parent or guardian of a student attending the school and
14the parent or guardian is: (i) attending a conference at the
15school with school personnel to discuss the progress of his or
16her child academically or socially, (ii) participating in
17child review conferences in which evaluation and placement
18decisions may be made with respect to his or her child
19regarding special education services, or (iii) attending
20conferences to discuss other student issues concerning his or
21her child such as retention and promotion and notifies the
22principal of the school of his or her presence at the school or
23has permission to be present from the superintendent or the
24school board or in the case of a private school from the
25principal. In the case of a public school, if permission is
26granted, the superintendent or school board president must

 

 

SB1797- 619 -LRB103 03433 AMQ 48439 b

1inform the principal of the school where the sex offender will
2be present. Notification includes the nature of the sex
3offender's visit and the hours in which the sex offender will
4be present in the school. The sex offender is responsible for
5notifying the principal's office when he or she arrives on
6school property and when he or she departs from school
7property. If the sex offender is to be present in the vicinity
8of children, the sex offender has the duty to remain under the
9direct supervision of a school official.
10    (b-2) It is unlawful for a child sex offender to knowingly
11loiter on a public way within 500 feet of a public park
12building or real property comprising any public park while
13persons under the age of 18 are present in the building or on
14the grounds and to approach, contact, or communicate with a
15child under 18 years of age, unless the offender is a parent or
16guardian of a person under 18 years of age present in the
17building or on the grounds.
18    (b-5) It is unlawful for a child sex offender to knowingly
19reside within 500 feet of a school building or the real
20property comprising any school that persons under the age of
2118 attend. Nothing in this subsection (b-5) prohibits a child
22sex offender from residing within 500 feet of a school
23building or the real property comprising any school that
24persons under 18 attend if the property is owned by the child
25sex offender and was purchased before July 7, 2000 (the
26effective date of Public Act 91-911).

 

 

SB1797- 620 -LRB103 03433 AMQ 48439 b

1    (b-10) It is unlawful for a child sex offender to
2knowingly reside within 500 feet of a playground, child care
3institution, child day care center, part day child care
4facility, child day care home, group child day care home, or a
5facility providing programs or services exclusively directed
6toward persons under 18 years of age. Nothing in this
7subsection (b-10) prohibits a child sex offender from residing
8within 500 feet of a playground or a facility providing
9programs or services exclusively directed toward persons under
1018 years of age if the property is owned by the child sex
11offender and was purchased before July 7, 2000. Nothing in
12this subsection (b-10) prohibits a child sex offender from
13residing within 500 feet of a child care institution, child
14day care center, or part day child care facility if the
15property is owned by the child sex offender and was purchased
16before June 26, 2006. Nothing in this subsection (b-10)
17prohibits a child sex offender from residing within 500 feet
18of a child day care home or group child day care home if the
19property is owned by the child sex offender and was purchased
20before August 14, 2008 (the effective date of Public Act
2195-821).
22    (b-15) It is unlawful for a child sex offender to
23knowingly reside within 500 feet of the victim of the sex
24offense. Nothing in this subsection (b-15) prohibits a child
25sex offender from residing within 500 feet of the victim if the
26property in which the child sex offender resides is owned by

 

 

SB1797- 621 -LRB103 03433 AMQ 48439 b

1the child sex offender and was purchased before August 22,
22002.
3    This subsection (b-15) does not apply if the victim of the
4sex offense is 21 years of age or older.
5    (b-20) It is unlawful for a child sex offender to
6knowingly communicate, other than for a lawful purpose under
7Illinois law, using the Internet or any other digital media,
8with a person under 18 years of age or with a person whom he or
9she believes to be a person under 18 years of age, unless the
10offender is a parent or guardian of the person under 18 years
11of age.
12    (c) It is unlawful for a child sex offender to knowingly
13operate, manage, be employed by, volunteer at, be associated
14with, or knowingly be present at any: (i) facility providing
15programs or services exclusively directed toward persons under
16the age of 18; (ii) child day care center; (iii) part day child
17care facility; (iv) child care institution; (v) school
18providing before and after school programs for children under
1918 years of age; (vi) child day care home; or (vii) group child
20day care home. This does not prohibit a child sex offender from
21owning the real property upon which the programs or services
22are offered or upon which the child day care center, part day
23child care facility, child care institution, or school
24providing before and after school programs for children under
2518 years of age is located, provided the child sex offender
26refrains from being present on the premises for the hours

 

 

SB1797- 622 -LRB103 03433 AMQ 48439 b

1during which: (1) the programs or services are being offered
2or (2) the child day care center, part day child care facility,
3child care institution, or school providing before and after
4school programs for children under 18 years of age, child day
5care home, or group child day care home is operated.
6    (c-2) It is unlawful for a child sex offender to
7participate in a holiday event involving children under 18
8years of age, including but not limited to distributing candy
9or other items to children on Halloween, wearing a Santa Claus
10costume on or preceding Christmas, being employed as a
11department store Santa Claus, or wearing an Easter Bunny
12costume on or preceding Easter. For the purposes of this
13subsection, child sex offender has the meaning as defined in
14this Section, but does not include as a sex offense under
15paragraph (2) of subsection (d) of this Section, the offense
16under subsection (c) of Section 11-1.50 of this Code. This
17subsection does not apply to a child sex offender who is a
18parent or guardian of children under 18 years of age that are
19present in the home and other non-familial minors are not
20present.
21    (c-5) It is unlawful for a child sex offender to knowingly
22operate, manage, be employed by, or be associated with any
23carnival, amusement enterprise, or county or State fair when
24persons under the age of 18 are present.
25    (c-6) It is unlawful for a child sex offender who owns and
26resides at residential real estate to knowingly rent any

 

 

SB1797- 623 -LRB103 03433 AMQ 48439 b

1residential unit within the same building in which he or she
2resides to a person who is the parent or guardian of a child or
3children under 18 years of age. This subsection shall apply
4only to leases or other rental arrangements entered into after
5January 1, 2009 (the effective date of Public Act 95-820).
6    (c-7) It is unlawful for a child sex offender to knowingly
7offer or provide any programs or services to persons under 18
8years of age in his or her residence or the residence of
9another or in any facility for the purpose of offering or
10providing such programs or services, whether such programs or
11services are offered or provided by contract, agreement,
12arrangement, or on a volunteer basis.
13    (c-8) It is unlawful for a child sex offender to knowingly
14operate, whether authorized to do so or not, any of the
15following vehicles: (1) a vehicle which is specifically
16designed, constructed or modified and equipped to be used for
17the retail sale of food or beverages, including but not
18limited to an ice cream truck; (2) an authorized emergency
19vehicle; 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

 

 

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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

 

 

SB1797- 625 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 626 -LRB103 03433 AMQ 48439 b

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,

 

 

SB1797- 627 -LRB103 03433 AMQ 48439 b

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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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
26distance shall be measured from: (1) the edge of the property

 

 

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1of the school building or the real property comprising the
2school that is closest to the edge of the property of the child
3sex offender's residence or where he or she is loitering, and
4(2) the edge of the property comprising the public park
5building or the real property comprising the public park,
6playground, child care institution, child day care center,
7part day child care facility, or facility providing programs
8or services exclusively directed toward persons under 18 years
9of age, or a victim of the sex offense who is under 21 years of
10age, to the edge of the child sex offender's place of residence
11or place where he or she is loitering.
12    (f) Sentence. A person who violates this Section is guilty
13of 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
20Section 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

 

 

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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
9felony. A person who violates this Section at a playground,
10park facility, school, forest preserve, child day care
11facility, or at a facility providing programs or services
12directed to persons under 17 years of age is guilty of a Class
131 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
18knowingly takes property, except a motor vehicle covered by
19Section 18-3 or 18-4, from the person or presence of another by
20the 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,

 

 

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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
15of age or over or is a person with a physical disability, or
16the robbery is committed in a school, child day care center,
17child day care home, group child day care home, or part day
18child care facility, or place of worship, in which case
19robbery is a Class 1 felony. Aggravated robbery is a Class 1
20felony.
21    (d) Regarding penalties prescribed in subsection (c) for
22violations committed in a child day care center, child day
23care home, group child day care home, or part day child care
24facility, the time of day, time of year, and whether children
25under 18 years of age were present in the child day care
26center, child day care home, group child day care home, or part

 

 

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1day 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
6she knowingly enters or without authority remains within a
7building, housetrailer, watercraft, aircraft, motor vehicle,
8railroad car, freight container, or any part thereof, with
9intent to commit therein a felony or theft. This offense shall
10not include the offenses set out in Section 4-102 of the
11Illinois Vehicle Code.
12    (b) Sentence.
13    Burglary committed in, and without causing damage to, a
14watercraft, aircraft, motor vehicle, railroad car, freight
15container, or any part thereof is a Class 3 felony. Burglary
16committed in a building, housetrailer, or any part thereof or
17while causing damage to a watercraft, aircraft, motor vehicle,
18railroad car, freight container, or any part thereof is a
19Class 2 felony. A burglary committed in a school, child day
20care center, child day care home, group child day care home, or
21part day child care facility, or place of worship is a Class 1
22felony, except that this provision does not apply to a child
23day care center, child day care home, group child day care
24home, or part day child care facility operated in a private
25residence used as a dwelling.

 

 

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1    (c) Regarding penalties prescribed in subsection (b) for
2violations committed in a child day care center, child day
3care home, group child day care home, or part day child care
4facility, the time of day, time of year, and whether children
5under 18 years of age were present in the child day care
6center, child day care home, group child day care home, or part
7day 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
11apply to dog fighting, see the Humane Care for Animals Act. For
12provisions similar to this Section that apply to animals other
13than dogs, see in particular Section 4.01 of the Humane Care
14for Animals Act.)
15    (a) No person may own, capture, breed, train, or lease any
16dog which he or she knows is intended for use in any show,
17exhibition, program, or other activity featuring or otherwise
18involving a fight between the dog and any other animal or
19human, or the intentional killing of any dog for the purpose of
20sport, wagering, or entertainment.
21    (b) No person may promote, conduct, carry on, advertise,
22collect money for or in any other manner assist or aid in the
23presentation for purposes of sport, wagering, or entertainment
24of any show, exhibition, program, or other activity involving
25a fight between 2 or more dogs or any dog and human, or the

 

 

SB1797- 637 -LRB103 03433 AMQ 48439 b

1intentional killing of any dog.
2    (c) No person may sell or offer for sale, ship, transport,
3or otherwise move, or deliver or receive any dog which he or
4she knows has been captured, bred, or trained, or will be used,
5to fight another dog or human or be intentionally killed for
6purposes of sport, wagering, or entertainment.
7    (c-5) No person may solicit a minor to violate this
8Section.
9    (d) No person may manufacture for sale, shipment,
10transportation, or delivery any device or equipment which he
11or she knows or should know is intended for use in any show,
12exhibition, program, or other activity featuring or otherwise
13involving a fight between 2 or more dogs, or any human and dog,
14or the intentional killing of any dog for purposes of sport,
15wagering, or entertainment.
16    (e) No person may own, possess, sell or offer for sale,
17ship, transport, or otherwise move any equipment or device
18which he or she knows or should know is intended for use in
19connection with any show, exhibition, program, or activity
20featuring or otherwise involving a fight between 2 or more
21dogs, or any dog and human, or the intentional killing of any
22dog for purposes of sport, wagering or entertainment.
23    (f) No person may knowingly make available any site,
24structure, or facility, whether enclosed or not, that he or
25she knows is intended to be used for the purpose of conducting
26any show, exhibition, program, or other activity involving a

 

 

SB1797- 638 -LRB103 03433 AMQ 48439 b

1fight between 2 or more dogs, or any dog and human, or the
2intentional killing of any dog or knowingly manufacture,
3distribute, or deliver fittings to be used in a fight between 2
4or more dogs or a dog and human.
5    (g) No person may knowingly attend or otherwise patronize
6any show, exhibition, program, or other activity featuring or
7otherwise involving a fight between 2 or more dogs, or any dog
8and human, or the intentional killing of any dog for purposes
9of sport, wagering, or entertainment.
10    (h) No person may tie or attach or fasten any live animal
11to any machine or device propelled by any power for the purpose
12of causing the animal to be pursued by a dog or dogs. This
13subsection (h) applies only when the dog is intended to be used
14in 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

 

 

SB1797- 639 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 640 -LRB103 03433 AMQ 48439 b

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
15Section is subject to the property forfeiture provisions set
16forth in Article 124B of the Code of Criminal Procedure of
171963.
18    (j) Any dog or equipment involved in a violation of this
19Section shall be immediately seized and impounded under
20Section 12 of the Humane Care for Animals Act when located at
21any show, exhibition, program, or other activity featuring or
22otherwise involving a dog fight for the purposes of sport,
23wagering, or entertainment.
24    (k) Any vehicle or conveyance other than a common carrier
25that is used in violation of this Section shall be seized,
26held, and offered for sale at public auction by the sheriff's

 

 

SB1797- 641 -LRB103 03433 AMQ 48439 b

1department of the proper jurisdiction, and the proceeds from
2the sale shall be remitted to the general fund of the county
3where the violation took place.
4    (l) Any veterinarian in this State who is presented with a
5dog for treatment of injuries or wounds resulting from
6fighting where there is a reasonable possibility that the dog
7was engaged in or utilized for a fighting event for the
8purposes of sport, wagering, or entertainment shall file a
9report with the Department of Agriculture and cooperate by
10furnishing the owners' names, dates, and descriptions of the
11dog or dogs involved. Any veterinarian who in good faith
12complies with the requirements of this subsection has immunity
13from any liability, civil, criminal, or otherwise, that may
14result from his or her actions. For the purposes of any
15proceedings, civil or criminal, the good faith of the
16veterinarian shall be rebuttably presumed.
17    (m) In addition to any other penalty provided by law, upon
18conviction for violating this Section, the court may order
19that the convicted person and persons dwelling in the same
20household as the convicted person who conspired, aided, or
21abetted in the unlawful act that was the basis of the
22conviction, or who knew or should have known of the unlawful
23act, may not own, harbor, or have custody or control of any dog
24or other animal for a period of time that the court deems
25reasonable.
26    (n) A violation of subsection (a) of this Section may be

 

 

SB1797- 642 -LRB103 03433 AMQ 48439 b

1inferred from evidence that the accused possessed any device
2or equipment described in subsection (d), (e), or (h) of this
3Section, and also possessed any dog.
4    (o) When no longer required for investigations or court
5proceedings relating to the events described or depicted
6therein, evidence relating to convictions for violations of
7this Section shall be retained and made available for use in
8training peace officers in detecting and identifying
9violations of this Section. Such evidence shall be made
10available upon request to other law enforcement agencies and
11to schools certified under the Illinois Police Training Act.
12    (p) For the purposes of this Section, "school" has the
13meaning ascribed to it in Section 11-9.3 of this Code; and
14"public park", "playground", "child care institution", "child
15day care center", "part day child care facility", "child day
16care home", "group child day care home", and "facility
17providing programs or services exclusively directed toward
18persons under 18 years of age" have the meanings ascribed to
19them in Section 11-9.4 of this Code.
20(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
2196-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
221-1-13.)
 
23    Section 285. The Code of Criminal Procedure of 1963 is
24amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22
25as follows:
 

 

 

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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
4Section. The remedies listed in this Section shall be in
5addition to other civil or criminal remedies available to
6petitioner:
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

 

 

SB1797- 644 -LRB103 03433 AMQ 48439 b

1public or private elementary, middle, or high school, the
2court when issuing a civil no contact order and providing
3relief shall consider the severity of the act, any continuing
4physical danger or emotional distress to the petitioner, the
5educational rights guaranteed to the petitioner and respondent
6under federal and State law, the availability of a transfer of
7the respondent to another school, a change of placement or a
8change of program of the respondent, the expense, difficulty,
9and educational disruption that would be caused by a transfer
10of the respondent to another school, and any other relevant
11facts of the case. The court may order that the respondent not
12attend the public, private, or non-public elementary, middle,
13or high school attended by the petitioner, order that the
14respondent accept a change of placement or program, as
15determined by the school district or private or non-public
16school, or place restrictions on the respondent's movements
17within the school attended by the petitioner. The respondent
18bears the burden of proving by a preponderance of the evidence
19that a transfer, change of placement, or change of program of
20the respondent is not available. The respondent also bears the
21burden of production with respect to the expense, difficulty,
22and educational disruption that would be caused by a transfer
23of the respondent to another school. A transfer, change of
24placement, or change of program is not unavailable to the
25respondent solely on the ground that the respondent does not
26agree with the school district's or private or non-public

 

 

SB1797- 645 -LRB103 03433 AMQ 48439 b

1school's transfer, change of placement, or change of program
2or solely on the ground that the respondent fails or refuses to
3consent to or otherwise does not take an action required to
4effectuate a transfer, change of placement, or change of
5program. When a court orders a respondent to stay away from the
6public, private, or non-public school attended by the
7petitioner and the respondent requests a transfer to another
8attendance center within the respondent's school district or
9private or non-public school, the school district or private
10or non-public school shall have sole discretion to determine
11the attendance center to which the respondent is transferred.
12If the court order results in a transfer of the minor
13respondent to another attendance center, a change in the
14respondent's placement, or a change of the respondent's
15program, the parents, guardian, or legal custodian of the
16respondent is responsible for transportation and other costs
17associated with the transfer or change.
18    (c) The court may order the parents, guardian, or legal
19custodian of a minor respondent to take certain actions or to
20refrain from taking certain actions to ensure that the
21respondent complies with the order. If the court orders a
22transfer of the respondent to another school, the parents or
23legal guardians of the respondent are responsible for
24transportation and other costs associated with the change of
25school by the respondent.
26    (d) Denial of a remedy may not be based, in whole or in

 

 

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1part, 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
24Section. The remedies listed in this Section shall be in
25addition to other civil or criminal remedies available to

 

 

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1petitioner. A stalking no contact order shall order one or
2more 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
24public, private, or non-public elementary, middle, or high
25school, the court when issuing a stalking no contact order and
26providing relief shall consider the severity of the act, any

 

 

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1continuing physical danger or emotional distress to the
2petitioner, the educational rights guaranteed to the
3petitioner and respondent under federal and State law, the
4availability of a transfer of the respondent to another
5school, a change of placement or a change of program of the
6respondent, the expense, difficulty, and educational
7disruption that would be caused by a transfer of the
8respondent to another school, and any other relevant facts of
9the case. The court may order that the respondent not attend
10the public, private, or non-public elementary, middle, or high
11school attended by the petitioner, order that the respondent
12accept a change of placement or program, as determined by the
13school district or private or non-public school, or place
14restrictions on the respondent's movements within the school
15attended by the petitioner. The respondent bears the burden of
16proving by a preponderance of the evidence that a transfer,
17change of placement, or change of program of the respondent is
18not available. The respondent also bears the burden of
19production with respect to the expense, difficulty, and
20educational disruption that would be caused by a transfer of
21the respondent to another school. A transfer, change of
22placement, or change of program is not unavailable to the
23respondent solely on the ground that the respondent does not
24agree with the school district's or private or non-public
25school's transfer, change of placement, or change of program
26or solely on the ground that the respondent fails or refuses to

 

 

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1consent to or otherwise does not take an action required to
2effectuate a transfer, change of placement, or change of
3program. When a court orders a respondent to stay away from the
4public, private, or non-public school attended by the
5petitioner and the respondent requests a transfer to another
6attendance center within the respondent's school district or
7private or non-public school, the school district or private
8or non-public school shall have sole discretion to determine
9the attendance center to which the respondent is transferred.
10If the court order results in a transfer of the minor
11respondent to another attendance center, a change in the
12respondent's placement, or a change of the respondent's
13program, the parents, guardian, or legal custodian of the
14respondent is responsible for transportation and other costs
15associated with the transfer or change.
16    (c) The court may order the parents, guardian, or legal
17custodian of a minor respondent to take certain actions or to
18refrain from taking certain actions to ensure that the
19respondent complies with the order. If the court orders a
20transfer of the respondent to another school, the parents,
21guardian, or legal custodian of the respondent are responsible
22for transportation and other costs associated with the change
23of school by the respondent.
24    (d) The court shall not hold a school district or private
25or non-public school or any of its employees in civil or
26criminal contempt unless the school district or private or

 

 

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1non-public school has been allowed to intervene.
2    (e) The court may hold the parents, guardian, or legal
3custodian of a minor respondent in civil or criminal contempt
4for a violation of any provision of any order entered under
5this Article for conduct of the minor respondent in violation
6of this Article if the parents, guardian, or legal custodian
7directed, encouraged, or assisted the respondent minor in the
8conduct.
9    (f) Monetary damages are not recoverable as a remedy.
10    (g) If the stalking no contact order prohibits the
11respondent from possessing a Firearm Owner's Identification
12Card, or possessing or buying firearms; the court shall
13confiscate the respondent's Firearm Owner's Identification
14Card and immediately return the card to the Illinois State
15Police 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
20order, the clerk shall immediately, or on the next court day if
21an ex parte order is issued under subsection (e) of Section
22112A-17.5 of this Code, (i) enter the order on the record and
23file it in accordance with the circuit court procedures and
24(ii) provide a file stamped copy of the order to respondent and
25to petitioner, if present, and to the State's Attorney. If the

 

 

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1victim is not present the State's Attorney shall (i) as soon as
2practicable notify the petitioner the order has been entered
3and (ii) provide a file stamped copy of the order to the
4petitioner within 3 days.
5    (b) Filing with sheriff. The clerk of the issuing judge
6shall, on the same day that a protective order is issued, file
7a copy of that order with the sheriff or other law enforcement
8officials charged with maintaining Illinois State Police
9records or charged with serving the order upon respondent. If
10the order was issued under subsection (e) of Section 112A-17.5
11of this Code, the clerk on the next court day shall file a
12certified copy of the order with the sheriff or other law
13enforcement officials charged with maintaining Illinois State
14Police records.
15    (c) (Blank).
16    (c-2) Service by sheriff. Unless respondent was present in
17court when the order was issued, the sheriff, other law
18enforcement official, or special process server shall promptly
19serve that order upon respondent and file proof of the
20service, in the manner provided for service of process in
21civil proceedings. Instead of serving the order upon the
22respondent; however, the sheriff, other law enforcement
23official, special process server, or other persons defined in
24Section 112A-22.1 of this Code may serve the respondent with a
25short form notification as provided in Section 112A-22.1 of
26this Code. If process has not yet been served upon the

 

 

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1respondent, process shall be served with the order or short
2form notification if the service is made by the sheriff, other
3law enforcement official, or special process server.
4    (c-3) If the person against whom the protective order is
5issued is arrested and the written order is issued under
6subsection (e) of Section 112A-17.5 of this Code and received
7by the custodial law enforcement agency before the respondent
8or arrestee is released from custody, the custodial law
9enforcement agency shall promptly serve the order upon the
10respondent or arrestee before the respondent or arrestee is
11released from custody. In no event shall detention of the
12respondent or arrestee be extended for a hearing on the
13petition for protective order or receipt of the order issued
14under Section 112A-17 of this Code.
15    (c-4) Extensions, modifications, and revocations. Any
16order extending, modifying, or revoking any protective order
17shall be promptly recorded, issued, and served as provided in
18this Section.
19    (c-5) (Blank).
20    (d) (Blank).
21    (e) Notice to health care facilities and health care
22practitioners. Upon the request of the petitioner, the clerk
23of the circuit court shall send a certified copy of the
24protective order to any specified health care facility or
25health care practitioner requested by the petitioner at the
26mailing address provided by the petitioner.

 

 

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1    (f) Disclosure by health care facilities and health care
2practitioners. After receiving a certified copy of a
3protective order that prohibits a respondent's access to
4records, no health care facility or health care practitioner
5shall allow a respondent access to the records of any child who
6is a protected person under the protective order, or release
7information in those records to the respondent, unless the
8order has expired or the respondent shows a certified copy of
9the court order vacating the corresponding protective order
10that was sent to the health care facility or practitioner.
11Nothing in this Section shall be construed to require health
12care facilities or health care practitioners to alter
13procedures related to billing and payment. The health care
14facility or health care practitioner may file the copy of the
15protective order in the records of a child who is a protected
16person under the protective order, or may employ any other
17method to identify the records to which a respondent is
18prohibited access. No health care facility or health care
19practitioner shall be civilly or professionally liable for
20reliance on a copy of a protective order, except for willful
21and wanton misconduct.
22    (g) Notice to schools. Upon the request of the petitioner,
23within 24 hours of the issuance of a protective order, the
24clerk of the issuing judge shall send a certified copy of the
25protective order to the child care day-care facility,
26pre-school or pre-kindergarten, or private school or the

 

 

SB1797- 654 -LRB103 03433 AMQ 48439 b

1principal office of the public school district or any college
2or university in which any child who is a protected person
3under the protective order or any child of the petitioner is
4enrolled as requested by the petitioner at the mailing address
5provided by the petitioner. If the child transfers enrollment
6to another child care day-care facility, pre-school,
7pre-kindergarten, private school, public school, college, or
8university, the petitioner may, within 24 hours of the
9transfer, send to the clerk written notice of the transfer,
10including the name and address of the institution to which the
11child is transferring. Within 24 hours of receipt of notice
12from the petitioner that a child is transferring to another
13child care day-care facility, pre-school, pre-kindergarten,
14private school, public school, college, or university, the
15clerk shall send a certified copy of the order to the
16institution to which the child is transferring.
17    (h) Disclosure by schools. After receiving a certified
18copy of a protective order that prohibits a respondent's
19access to records, neither a child care day-care facility,
20pre-school, pre-kindergarten, public or private school,
21college, or university nor its employees shall allow a
22respondent access to a protected child's records or release
23information in those records to the respondent. The school
24shall file the copy of the protective order in the records of a
25child who is a protected person under the order. When a child
26who is a protected person under the protective order transfers

 

 

SB1797- 655 -LRB103 03433 AMQ 48439 b

1to another child care day-care facility, pre-school,
2pre-kindergarten, public or private school, college, or
3university, the institution from which the child is
4transferring may, at the request of the petitioner, provide,
5within 24 hours of the transfer, written notice of the
6protective order, along with a certified copy of the order, to
7the 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
10is 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
14the subject of a petition under Section 15 of this Act is a
15sexually violent person, the court shall order the person to
16be committed to the custody of the Department for control,
17care and treatment until such time as the person is no longer a
18sexually violent person.
19    (b)(1) The court shall enter an initial commitment order
20under this Section pursuant to a hearing held as soon as
21practicable after the judgment is entered that the person who
22is the subject of a petition under Section 15 is a sexually
23violent person. If the court lacks sufficient information to
24make the determination required by paragraph (b)(2) of this

 

 

SB1797- 656 -LRB103 03433 AMQ 48439 b

1Section immediately after trial, it may adjourn the hearing
2and order the Department to conduct a predisposition
3investigation or a supplementary mental examination, or both,
4to assist the court in framing the commitment order. If the
5Department's examining evaluator previously rendered an
6opinion that the person who is the subject of a petition under
7Section 15 does not meet the criteria to be found a sexually
8violent person, then another evaluator shall conduct the
9predisposition investigation and/or supplementary mental
10examination. A supplementary mental examination under this
11Section shall be conducted in accordance with Section 3-804 of
12the Mental Health and Developmental Disabilities Code. The
13State has the right to have the person evaluated by experts
14chosen by the State.
15    (2) An order for commitment under this Section shall
16specify either institutional care in a secure facility, as
17provided under Section 50 of this Act, or conditional release.
18In determining whether commitment shall be for institutional
19care in a secure facility or for conditional release, the
20court shall consider the nature and circumstances of the
21behavior that was the basis of the allegation in the petition
22under paragraph (b)(1) of Section 15, the person's mental
23history and present mental condition, and what arrangements
24are available to ensure that the person has access to and will
25participate in necessary treatment. All treatment, whether in
26institutional care, in a secure facility, or while on

 

 

SB1797- 657 -LRB103 03433 AMQ 48439 b

1conditional release, shall be conducted in conformance with
2the standards developed under the Sex Offender Management
3Board Act and conducted by a treatment provider licensed under
4the Sex Offender Evaluation and Treatment Provider Act. The
5Department shall arrange for control, care and treatment of
6the person in the least restrictive manner consistent with the
7requirements of the person and in accordance with the court's
8commitment order.
9    (3) If the court finds that the person is appropriate for
10conditional release, the court shall notify the Department.
11The Department shall prepare a plan that identifies the
12treatment and services, if any, that the person will receive
13in the community. The plan shall address the person's need, if
14any, for supervision, counseling, medication, community
15support services, residential services, vocational services,
16and alcohol or other drug abuse treatment. The Department may
17contract with a county health department, with another public
18agency or with a private agency to provide the treatment and
19services identified in the plan. The plan shall specify who
20will be responsible for providing the treatment and services
21identified in the plan. The plan shall be presented to the
22court for its approval within 60 days after the court finding
23that the person is appropriate for conditional release, unless
24the Department and the person to be released request
25additional time to develop the plan. The conditional release
26program operated under this Section is not subject to the

 

 

SB1797- 658 -LRB103 03433 AMQ 48439 b

1provisions of the Mental Health and Developmental Disabilities
2Confidentiality Act.
3    (4) An order for conditional release places the person in
4the custody and control of the Department. A person on
5conditional release is subject to the conditions set by the
6court and to the rules of the Department. Before a person is
7placed on conditional release by the court under this Section,
8the court shall so notify the municipal police department and
9county sheriff for the municipality and county in which the
10person will be residing. The notification requirement under
11this Section does not apply if a municipal police department
12or county sheriff submits to the court a written statement
13waiving the right to be notified. Notwithstanding any other
14provision in the Act, the person being supervised on
15conditional release shall not reside at the same street
16address as another sex offender being supervised on
17conditional release under this Act, mandatory supervised
18release, parole, aftercare release, probation, or any other
19manner of supervision. If the Department alleges that a
20released person has violated any condition or rule, or that
21the safety of others requires that conditional release be
22revoked, he or she may be taken into custody under the rules of
23the Department.
24    At any time during which the person is on conditional
25release, if the Department determines that the person has
26violated any condition or rule, or that the safety of others

 

 

SB1797- 659 -LRB103 03433 AMQ 48439 b

1requires that conditional release be revoked, the Department
2may request the Attorney General or State's Attorney to
3request the court to issue an emergency ex parte order
4directing any law enforcement officer to take the person into
5custody and transport the person to the county jail. The
6Department may request, or the Attorney General or State's
7Attorney may request independently of the Department, that a
8petition to revoke conditional release be filed. When a
9petition is filed, the court may order the Department to issue
10a notice to the person to be present at the Department or other
11agency designated by the court, order a summons to the person
12to be present, or order a body attachment for all law
13enforcement officers to take the person into custody and
14transport him or her to the county jail, hospital, or
15treatment facility. The Department shall submit a statement
16showing probable cause of the detention and a petition to
17revoke the order for conditional release to the committing
18court within 48 hours after the detention. The court shall
19hear the petition within 30 days, unless the hearing or time
20deadline is waived by the detained person. Pending the
21revocation hearing, the Department may detain the person in a
22jail, in a hospital or treatment facility. The State has the
23burden of proving by clear and convincing evidence that any
24rule or condition of release has been violated, or that the
25safety of others requires that the conditional release be
26revoked. If the court determines after hearing that any rule

 

 

SB1797- 660 -LRB103 03433 AMQ 48439 b

1or condition of release has been violated, or that the safety
2of others requires that conditional release be revoked, it may
3revoke the order for conditional release and order that the
4released person be placed in an appropriate institution until
5the person is discharged from the commitment under Section 65
6of this Act or until again placed on conditional release under
7Section 60 of this Act.
8    (5) An order for conditional release places the person in
9the custody, care, and control of the Department. The court
10shall order the person be subject to the following rules of
11conditional release, in addition to any other conditions
12ordered, and the person shall be given a certificate setting
13forth the conditions of conditional release. These conditions
14shall 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

 

 

SB1797- 661 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 662 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 663 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 664 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 665 -LRB103 03433 AMQ 48439 b

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
15the term undergoes mandatory drug or alcohol testing or is
16assigned to be placed on an approved electronic monitoring
17device may be ordered to pay all costs incidental to the
18mandatory drug or alcohol testing and all costs incidental to
19the approved electronic monitoring in accordance with the
20person's ability to pay those costs. The Department may
21establish reasonable fees for the cost of maintenance,
22testing, and incidental expenses related to the mandatory drug
23or alcohol testing and all costs incidental to approved
24electronic monitoring.
25(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
2698-612 for the effective date of P.A. 97-1098); 98-558, eff.

 

 

SB1797- 666 -LRB103 03433 AMQ 48439 b

11-1-14.)
 
2    Section 295. The Unified Code of Corrections is amended by
3changing 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
7committed to the Department under the Juvenile Court Act of
81987 shall be such as the Department of Juvenile Justice deems
9necessary to assist the youth in leading a law-abiding life.
10The 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
12require 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

 

 

SB1797- 674 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 675 -LRB103 03433 AMQ 48439 b

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)
14and (b) of this Section, youths required to register as sex
15offenders under the Sex Offender Registration Act, upon
16release from the custody of the Department of Juvenile
17Justice, may be required by the Department to comply with the
18following 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

 

 

SB1797- 676 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 677 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 678 -LRB103 03433 AMQ 48439 b

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
6be served shall be communicated to the youth in writing prior
7to his or her release, and he or she shall sign the same before
8release. A signed copy of these conditions, including a copy
9of an order of protection if one had been issued by the
10criminal court, shall be retained by the youth and another
11copy forwarded to the officer or aftercare specialist in
12charge of his or her supervision.
13    (e) After a revocation hearing under Section 3-3-9.5, the
14Department of Juvenile Justice may modify or enlarge the
15conditions of aftercare release.
16    (f) The Department shall inform all youth of the optional
17services available to them upon release and shall assist youth
18in availing themselves of the optional services upon their
19release 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
23release.
24    (a) The conditions of parole or mandatory supervised
25release shall be such as the Prisoner Review Board deems

 

 

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1necessary to assist the subject in leading a law-abiding life.
2The conditions of every parole and mandatory supervised
3release 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

 

 

SB1797- 680 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 681 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 682 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 683 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 684 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 685 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

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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

 

 

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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
26that the subject:

 

 

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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;

 

 

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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:

 

 

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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
9subsections (a) and (b), persons required to register as sex
10offenders pursuant to the Sex Offender Registration Act, upon
11release from the custody of the Illinois Department of
12Corrections, may be required by the Board to comply with the
13following 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

 

 

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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,

 

 

SB1797- 693 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 694 -LRB103 03433 AMQ 48439 b

1    officer before driving alone in a motor vehicle.
2    (c) The conditions under which the parole or mandatory
3supervised release is to be served shall be communicated to
4the person in writing prior to his or her release, and he or
5she shall sign the same before release. A signed copy of these
6conditions, including a copy of an order of protection where
7one had been issued by the criminal court, shall be retained by
8the person and another copy forwarded to the officer in charge
9of his or her supervision.
10    (d) After a hearing under Section 3-3-9, the Prisoner
11Review Board may modify or enlarge the conditions of parole or
12mandatory supervised release.
13    (e) The Department shall inform all offenders committed to
14the Department of the optional services available to them upon
15release and shall assist inmates in availing themselves of
16such optional services upon their release on a voluntary
17basis.
18    (f) (Blank).
19(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
20100-575, 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
24sentencing.
25    (a) The following factors shall be accorded weight in

 

 

SB1797- 695 -LRB103 03433 AMQ 48439 b

1favor of imposing a term of imprisonment or may be considered
2by the court as reasons to impose a more severe sentence under
3Section 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;

 

 

SB1797- 696 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 697 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 698 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 699 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 700 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 701 -LRB103 03433 AMQ 48439 b

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

 

 

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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

 

 

SB1797- 703 -LRB103 03433 AMQ 48439 b

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

 

 

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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
9secondary school, community college, college, or university.
10    "Day care center" means a public or private State
11certified and licensed day care center as defined in Section
122.09 of the Child Care Act of 1969 that displays a sign in
13plain view stating that the property is a day care center.
14    "Intellectual disability" means significantly subaverage
15intellectual functioning which exists concurrently with
16impairment in adaptive behavior.
17    "Public transportation" means the transportation or
18conveyance of persons by means available to the general
19public, and includes paratransit services.
20    "Traffic control devices" means all signs, signals,
21markings, and devices that conform to the Illinois Manual on
22Uniform Traffic Control Devices, placed or erected by
23authority of a public body or official having jurisdiction,
24for the purpose of regulating, warning, or guiding traffic.
25    (b) The following factors, related to all felonies, may be
26considered by the court as reasons to impose an extended term

 

 

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1sentence 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

 

 

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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

 

 

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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
17as reasons to impose an extended term sentence under Section
185-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
19offenses:
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

 

 

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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

 

 

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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

 

 

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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
19the meaning ascribed to it in Section 10 of the Illinois
20Streetgang Terrorism Omnibus Prevention Act.
21    (e) The court may impose an extended term sentence under
22Article 4.5 of Chapter V upon an offender who has been
23convicted of a felony violation of Section 11-1.20, 11-1.30,
2411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
26when the victim of the offense is under 18 years of age at the

 

 

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1time of the commission of the offense and, during the
2commission of the offense, the victim was under the influence
3of alcohol, regardless of whether or not the alcohol was
4supplied by the offender; and the offender, at the time of the
5commission of the offense, knew or should have known that the
6victim had consumed alcohol.
7(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
8101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
98-20-21.)
 
10    (Text of Section after amendment by P.A. 102-982)
11    Sec. 5-5-3.2. Factors in aggravation and extended-term
12sentencing.
13    (a) The following factors shall be accorded weight in
14favor of imposing a term of imprisonment or may be considered
15by the court as reasons to impose a more severe sentence under
16Section 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

 

 

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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

 

 

SB1797- 713 -LRB103 03433 AMQ 48439 b

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,

 

 

SB1797- 714 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 715 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 716 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 717 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 718 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 719 -LRB103 03433 AMQ 48439 b

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;

 

 

SB1797- 720 -LRB103 03433 AMQ 48439 b

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
23secondary school, community college, college, or university.
24    "Child Day care center" means a public or private State
25certified and licensed child day care center as defined in
26Section 2.09 of the Child Care Act of 1969 that displays a sign

 

 

SB1797- 721 -LRB103 03433 AMQ 48439 b

1in plain view stating that the property is a child day care
2center.
3    "Intellectual disability" means significantly subaverage
4intellectual functioning which exists concurrently with
5impairment in adaptive behavior.
6    "Public transportation" means the transportation or
7conveyance of persons by means available to the general
8public, and includes paratransit services.
9    "Traffic control devices" means all signs, signals,
10markings, and devices that conform to the Illinois Manual on
11Uniform Traffic Control Devices, placed or erected by
12authority of a public body or official having jurisdiction,
13for the purpose of regulating, warning, or guiding traffic.
14    (b) The following factors, related to all felonies, may be
15considered by the court as reasons to impose an extended term
16sentence 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

 

 

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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

 

 

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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

 

 

SB1797- 724 -LRB103 03433 AMQ 48439 b

1    organized gang in which the defendant is engaged; or
2        (9) When a defendant commits any felony and the
3    defendant knowingly video or audio records the offense
4    with the intent to disseminate the recording.
5    (c) The following factors may be considered by the court
6as reasons to impose an extended term sentence under Section
75-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
8offenses:
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

 

 

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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

 

 

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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

 

 

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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
8the meaning ascribed to it in Section 10 of the Illinois
9Streetgang Terrorism Omnibus Prevention Act.
10    (e) The court may impose an extended term sentence under
11Article 4.5 of Chapter V upon an offender who has been
12convicted of a felony violation of Section 11-1.20, 11-1.30,
1311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
15when the victim of the offense is under 18 years of age at the
16time of the commission of the offense and, during the
17commission of the offense, the victim was under the influence
18of alcohol, regardless of whether or not the alcohol was
19supplied by the offender; and the offender, at the time of the
20commission of the offense, knew or should have known that the
21victim had consumed alcohol.
22(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
23101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
248-20-21; 102-982, eff. 7-1-23.)
 
25    Section 300. The Stalking No Contact Order Act is amended

 

 

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1by 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
5victim of stalking, a stalking no contact order shall issue;
6provided that the petitioner must also satisfy the
7requirements of Section 95 on emergency orders or Section 100
8on plenary orders. The petitioner shall not be denied a
9stalking no contact order because the petitioner or the
10respondent is a minor. The court, when determining whether or
11not to issue a stalking no contact order, may not require
12physical injury on the person of the petitioner. Modification
13and extension of prior stalking no contact orders shall be in
14accordance with this Act.
15    (b) A stalking no contact order shall order one or more of
16the 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

 

 

SB1797- 729 -LRB103 03433 AMQ 48439 b

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
13same public, private, or non-public elementary, middle, or
14high school, the court when issuing a stalking no contact
15order and providing relief shall consider the severity of the
16act, any continuing physical danger or emotional distress to
17the petitioner, the educational rights guaranteed to the
18petitioner and respondent under federal and State law, the
19availability of a transfer of the respondent to another
20school, a change of placement or a change of program of the
21respondent, the expense, difficulty, and educational
22disruption that would be caused by a transfer of the
23respondent to another school, and any other relevant facts of
24the case. The court may order that the respondent not attend
25the public, private, or non-public elementary, middle, or high
26school attended by the petitioner, order that the respondent

 

 

SB1797- 730 -LRB103 03433 AMQ 48439 b

1accept a change of placement or program, as determined by the
2school district or private or non-public school, or place
3restrictions on the respondent's movements within the school
4attended by the petitioner. The respondent bears the burden of
5proving by a preponderance of the evidence that a transfer,
6change of placement, or change of program of the respondent is
7not available. The respondent also bears the burden of
8production with respect to the expense, difficulty, and
9educational disruption that would be caused by a transfer of
10the respondent to another school. A transfer, change of
11placement, or change of program is not unavailable to the
12respondent solely on the ground that the respondent does not
13agree with the school district's or private or non-public
14school's transfer, change of placement, or change of program
15or solely on the ground that the respondent fails or refuses to
16consent to or otherwise does not take an action required to
17effectuate a transfer, change of placement, or change of
18program. When a court orders a respondent to stay away from the
19public, private, or non-public school attended by the
20petitioner and the respondent requests a transfer to another
21attendance center within the respondent's school district or
22private or non-public school, the school district or private
23or non-public school shall have sole discretion to determine
24the attendance center to which the respondent is transferred.
25In the event the court order results in a transfer of the minor
26respondent to another attendance center, a change in the

 

 

SB1797- 731 -LRB103 03433 AMQ 48439 b

1respondent's placement, or a change of the respondent's
2program, the parents, guardian, or legal custodian of the
3respondent is responsible for transportation and other costs
4associated with the transfer or change.
5    (b-6) The court may order the parents, guardian, or legal
6custodian of a minor respondent to take certain actions or to
7refrain from taking certain actions to ensure that the
8respondent complies with the order. In the event the court
9orders a transfer of the respondent to another school, the
10parents, guardian, or legal custodian of the respondent are
11responsible for transportation and other costs associated with
12the change of school by the respondent.
13    (b-7) The court shall not hold a school district or
14private or non-public school or any of its employees in civil
15or criminal contempt unless the school district or private or
16non-public school has been allowed to intervene.
17    (b-8) The court may hold the parents, guardian, or legal
18custodian of a minor respondent in civil or criminal contempt
19for a violation of any provision of any order entered under
20this Act for conduct of the minor respondent in violation of
21this Act if the parents, guardian, or legal custodian
22directed, encouraged, or assisted the respondent minor in such
23conduct.
24    (c) The court may award the petitioner costs and attorneys
25fees if a stalking no contact order is granted.
26    (d) Monetary damages are not recoverable as a remedy.

 

 

SB1797- 732 -LRB103 03433 AMQ 48439 b

1    (e) If the stalking no contact order prohibits the
2respondent from possessing a Firearm Owner's Identification
3Card, or possessing or buying firearms; the court shall
4confiscate the respondent's Firearm Owner's Identification
5Card and immediately return the card to the Illinois State
6Police 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
11clerk 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
17petitioner may, on the same day that a stalking no contact
18order is issued, file a certified copy of that order with the
19sheriff or other law enforcement officials charged with
20maintaining Illinois State Police records or charged with
21serving the order upon the respondent. If the respondent, at
22the time of the issuance of the order, is committed to the
23custody of the Illinois Department of Corrections or Illinois
24Department of Juvenile Justice or is on parole, aftercare
25release, or mandatory supervised release, the sheriff or other

 

 

SB1797- 733 -LRB103 03433 AMQ 48439 b

1law enforcement officials charged with maintaining Illinois
2State Police records shall notify the Department of
3Corrections or Department of Juvenile Justice within 48 hours
4of receipt of a copy of the stalking no contact order from the
5clerk of the issuing judge or the petitioner. Such notice
6shall include the name of the respondent, the respondent's
7IDOC inmate number or IDJJ youth identification number, the
8respondent's date of birth, and the LEADS Record Index Number.
9    (c) Unless the respondent was present in court when the
10order was issued, the sheriff, other law enforcement official,
11or special process server shall promptly serve that order upon
12the respondent and file proof of such service in the manner
13provided for service of process in civil proceedings. Instead
14of serving the order upon the respondent, however, the
15sheriff, other law enforcement official, special process
16server, or other persons defined in Section 117 may serve the
17respondent with a short form notification as provided in
18Section 117. If process has not yet been served upon the
19respondent, it shall be served with the order or short form
20notification if such service is made by the sheriff, other law
21enforcement official, or special process server.
22    (d) If the person against whom the stalking no contact
23order is issued is arrested and the written order is issued in
24accordance with subsection (c) of Section 95 and received by
25the custodial law enforcement agency before the respondent or
26arrestee is released from custody, the custodial law

 

 

SB1797- 734 -LRB103 03433 AMQ 48439 b

1enforcement agent shall promptly serve the order upon the
2respondent or arrestee before the respondent or arrestee is
3released from custody. In no event shall detention of the
4respondent or arrestee be extended for hearing on the petition
5for stalking no contact order or receipt of the order issued
6under Section 95 of this Act.
7    (e) Any order extending, modifying, or revoking any
8stalking no contact order shall be promptly recorded, issued,
9and served as provided in this Section.
10    (f) Upon the request of the petitioner, within 24 hours of
11the issuance of a stalking no contact order, the clerk of the
12issuing judge shall send written notice of the order along
13with a certified copy of the order to any school, child care
14daycare, college, or university at which the petitioner is
15enrolled.
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
18changing 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
22victim of non-consensual sexual conduct or non-consensual
23sexual penetration, a civil no contact order shall issue;
24provided that the petitioner must also satisfy the

 

 

SB1797- 735 -LRB103 03433 AMQ 48439 b

1requirements of Section 214 on emergency orders or Section 215
2on plenary orders. The petitioner shall not be denied a civil
3no contact order because the petitioner or the respondent is a
4minor. The court, when determining whether or not to issue a
5civil no contact order, may not require physical injury on the
6person of the victim. Modification and extension of prior
7civil 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,

 

 

SB1797- 736 -LRB103 03433 AMQ 48439 b

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
6same public or private elementary, middle, or high school, the
7court when issuing a civil no contact order and providing
8relief shall consider the severity of the act, any continuing
9physical danger or emotional distress to the petitioner, the
10educational rights guaranteed to the petitioner and respondent
11under federal and State law, the availability of a transfer of
12the respondent to another school, a change of placement or a
13change of program of the respondent, the expense, difficulty,
14and educational disruption that would be caused by a transfer
15of the respondent to another school, and any other relevant
16facts of the case. The court may order that the respondent not
17attend the public, private, or non-public elementary, middle,
18or high school attended by the petitioner, order that the
19respondent accept a change of placement or program, as
20determined by the school district or private or non-public
21school, or place restrictions on the respondent's movements
22within the school attended by the petitioner. The respondent
23bears the burden of proving by a preponderance of the evidence
24that a transfer, change of placement, or change of program of
25the respondent is not available. The respondent also bears the
26burden of production with respect to the expense, difficulty,

 

 

SB1797- 737 -LRB103 03433 AMQ 48439 b

1and educational disruption that would be caused by a transfer
2of the respondent to another school. A transfer, change of
3placement, or change of program is not unavailable to the
4respondent solely on the ground that the respondent does not
5agree with the school district's or private or non-public
6school's transfer, change of placement, or change of program
7or solely on the ground that the respondent fails or refuses to
8consent to or otherwise does not take an action required to
9effectuate a transfer, change of placement, or change of
10program. When a court orders a respondent to stay away from the
11public, private, or non-public school attended by the
12petitioner and the respondent requests a transfer to another
13attendance center within the respondent's school district or
14private or non-public school, the school district or private
15or non-public school shall have sole discretion to determine
16the attendance center to which the respondent is transferred.
17In the event the court order results in a transfer of the minor
18respondent to another attendance center, a change in the
19respondent's placement, or a change of the respondent's
20program, the parents, guardian, or legal custodian of the
21respondent is responsible for transportation and other costs
22associated with the transfer or change.
23    (b-7) The court may order the parents, guardian, or legal
24custodian of a minor respondent to take certain actions or to
25refrain from taking certain actions to ensure that the
26respondent complies with the order. In the event the court

 

 

SB1797- 738 -LRB103 03433 AMQ 48439 b

1orders a transfer of the respondent to another school, the
2parents or legal guardians of the respondent are responsible
3for transportation and other costs associated with the change
4of school by the respondent.
5    (c) Denial of a remedy may not be based, in whole or in
6part, 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;
26102-831, eff. 5-13-22.)
 

 

 

SB1797- 739 -LRB103 03433 AMQ 48439 b

1    Section 310. The Illinois Parentage Act of 2015 is amended
2by changing Section 106 as follows:
 
3    (750 ILCS 46/106)
4    Sec. 106. Protection of participants. Proceedings under
5this Act are subject to other law of this State governing the
6health, safety, privacy, and liberty of a child or other
7individual who could be jeopardized by disclosure of
8identifying information, including address, telephone number,
9place of employment, social security number, and the child's
10child 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
13amended 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;
16non-disclosure of schools.
17    (a) A petition for an order of protection shall be in
18writing and verified or accompanied by affidavit and shall
19allege that petitioner has been abused by respondent, who is a
20family or household member. The petition shall further set
21forth whether there is any other pending action between the
22parties. During the pendency of this proceeding, each party

 

 

SB1797- 740 -LRB103 03433 AMQ 48439 b

1has a continuing duty to inform the court of any subsequent
2proceeding for an order of protection in this or any other
3state.
4    (b) If the petition states that disclosure of petitioner's
5address would risk abuse of petitioner or any member of
6petitioner's family or household or reveal the confidential
7address of a shelter for domestic violence victims, that
8address may be omitted from all documents filed with the
9court. If disclosure is necessary to determine jurisdiction or
10consider any venue issue, it shall be made orally and in
11camera. If petitioner has not disclosed an address under this
12subsection, petitioner shall designate an alternative address
13at which respondent may serve notice of any motions.
14    (c) If the petitioner is seeking to have a child protected
15by the order of protection, and if that child is enrolled in
16any child care day-care facility, pre-school,
17pre-kindergarten, private school, public school district,
18college, or university, the petitioner may provide the name
19and address of the child care day-care facility, pre-school,
20pre-kindergarten, private school, public school district,
21college, or university to the court. However, if the petition
22states that disclosure of this information would risk abuse to
23petitioner or to the child protected under the order, this
24information may be omitted from all documents filed with the
25court.
26(Source: P.A. 92-90, eff. 7-18-01.)
 

 

 

SB1797- 741 -LRB103 03433 AMQ 48439 b

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
4protection, the clerk shall immediately (i) enter the order on
5the record and file it in accordance with the circuit court
6procedures and (ii) provide a file stamped copy of the order to
7respondent, if present, and to petitioner.
8    (b) Filing with sheriff. The clerk of the issuing judge
9shall, or the petitioner may, on the same day that an order of
10protection is issued, file a certified copy of that order with
11the sheriff or other law enforcement officials charged with
12maintaining Illinois State Police records or charged with
13serving the order upon respondent. If the respondent, at the
14time of the issuance of the order, is committed to the custody
15of the Illinois Department of Corrections or Illinois
16Department of Juvenile Justice or is on parole, aftercare
17release, or mandatory supervised release, the sheriff or other
18law enforcement officials charged with maintaining Illinois
19State Police records shall notify the Department of
20Corrections or Department of Juvenile Justice within 48 hours
21of receipt of a copy of the order of protection from the clerk
22of the issuing judge or the petitioner. Such notice shall
23include the name of the respondent, the respondent's IDOC
24inmate number or IDJJ youth identification number, the
25respondent's date of birth, and the LEADS Record Index Number.

 

 

SB1797- 742 -LRB103 03433 AMQ 48439 b

1    (c) Service by sheriff. Unless respondent was present in
2court when the order was issued, the sheriff, other law
3enforcement official or special process server shall promptly
4serve that order upon respondent and file proof of such
5service, in the manner provided for service of process in
6civil proceedings. Instead of serving the order upon the
7respondent, however, the sheriff, other law enforcement
8official, special process server, or other persons defined in
9Section 222.10 may serve the respondent with a short form
10notification as provided in Section 222.10. If process has not
11yet been served upon the respondent, it shall be served with
12the order or short form notification if such service is made by
13the sheriff, other law enforcement official, or special
14process server. A single fee may be charged for service of an
15order obtained in civil court, or for service of such an order
16together with process, unless waived or deferred under Section
17210.
18    (c-5) If the person against whom the order of protection
19is issued is arrested and the written order is issued in
20accordance with subsection (c) of Section 217 and received by
21the custodial law enforcement agency before the respondent or
22arrestee is released from custody, the custodial law
23enforcement agent shall promptly serve the order upon the
24respondent or arrestee before the respondent or arrestee is
25released from custody. In no event shall detention of the
26respondent or arrestee be extended for hearing on the petition

 

 

SB1797- 743 -LRB103 03433 AMQ 48439 b

1for order of protection or receipt of the order issued under
2Section 217 of this Act.
3    (d) Extensions, modifications and revocations. Any order
4extending, modifying or revoking any order of protection shall
5be promptly recorded, issued and served as provided in this
6Section.
7    (e) Notice to schools. Upon the request of the petitioner,
8within 24 hours of the issuance of an order of protection, the
9clerk of the issuing judge shall send a certified copy of the
10order of protection to the child care day-care facility,
11pre-school or pre-kindergarten, or private school or the
12principal office of the public school district or any college
13or university in which any child who is a protected person
14under the order of protection or any child of the petitioner is
15enrolled as requested by the petitioner at the mailing address
16provided by the petitioner. If the child transfers enrollment
17to another child care day-care facility, pre-school,
18pre-kindergarten, private school, public school, college, or
19university, the petitioner may, within 24 hours of the
20transfer, send to the clerk written notice of the transfer,
21including the name and address of the institution to which the
22child is transferring. Within 24 hours of receipt of notice
23from the petitioner that a child is transferring to another
24child care day-care facility, pre-school, pre-kindergarten,
25private school, public school, college, or university, the
26clerk shall send a certified copy of the order to the

 

 

SB1797- 744 -LRB103 03433 AMQ 48439 b

1institution to which the child is transferring.
2    (f) Disclosure by schools. After receiving a certified
3copy of an order of protection that prohibits a respondent's
4access to records, neither a child care day-care facility,
5pre-school, pre-kindergarten, public or private school,
6college, or university nor its employees shall allow a
7respondent access to a protected child's records or release
8information in those records to the respondent. The school
9shall file the copy of the order of protection in the records
10of a child who is a protected person under the order of
11protection. When a child who is a protected person under the
12order of protection transfers to another child care day-care
13facility, pre-school, pre-kindergarten, public or private
14school, college, or university, the institution from which the
15child is transferring may, at the request of the petitioner,
16provide, within 24 hours of the transfer, written notice of
17the order of protection, along with a certified copy of the
18order, to the institution to which the child is transferring.
19    (g) Notice to health care facilities and health care
20practitioners. Upon the request of the petitioner, the clerk
21of the circuit court shall send a certified copy of the order
22of protection to any specified health care facility or health
23care practitioner requested by the petitioner at the mailing
24address provided by the petitioner.
25    (h) Disclosure by health care facilities and health care
26practitioners. After receiving a certified copy of an order of

 

 

SB1797- 745 -LRB103 03433 AMQ 48439 b

1protection that prohibits a respondent's access to records, no
2health care facility or health care practitioner shall allow a
3respondent access to the records of any child who is a
4protected person under the order of protection, or release
5information in those records to the respondent, unless the
6order has expired or the respondent shows a certified copy of
7the court order vacating the corresponding order of protection
8that was sent to the health care facility or practitioner.
9Nothing in this Section shall be construed to require health
10care facilities or health care practitioners to alter
11procedures related to billing and payment. The health care
12facility or health care practitioner may file the copy of the
13order of protection in the records of a child who is a
14protected person under the order of protection, or may employ
15any other method to identify the records to which a respondent
16is prohibited access. No health care facility or health care
17practitioner shall be civilly or professionally liable for
18reliance on a copy of an order of protection, except for
19willful 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
22changing 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

 

 

SB1797- 746 -LRB103 03433 AMQ 48439 b

1applicable strictly in the context of this Article:
2    (A) Place of Public Accommodation. "Place of public
3accommodation" 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;

 

 

SB1797- 747 -LRB103 03433 AMQ 48439 b

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,
14proprietor, manager, superintendent, agent, or occupant of a
15place of public accommodation or an employee of any such
16person or persons.
17    (C) Public Official. "Public official" means any officer
18or employee of the state or any agency thereof, including
19state political subdivisions, municipal corporations, park
20districts, forest preserve districts, educational
21institutions, and schools.
22(Source: P.A. 100-863, eff. 8-14-18.)
 
23    Section 325. The Minimum Wage Law is amended by changing
24Section 3 as follows:
 

 

 

SB1797- 748 -LRB103 03433 AMQ 48439 b

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
4Labor, and "Department" means the Department of Labor.
5    (b) "Wages" means compensation due to an employee by
6reason of his employment, including allowances determined by
7the Director in accordance with the provisions of this Act for
8gratuities and, when furnished by the employer, for meals and
9lodging actually used by the employee.
10    (c) "Employer" includes any individual, partnership,
11association, corporation, limited liability company, business
12trust, governmental or quasi-governmental body, or any person
13or group of persons acting directly or indirectly in the
14interest of an employer in relation to an employee, for which
15one or more persons are gainfully employed on some day within a
16calendar year. An employer is subject to this Act in a calendar
17year on and after the first day in such calendar year in which
18he employs one or more persons, and for the following calendar
19year.
20    (d) "Employee" includes any individual permitted to work
21by an employer in an occupation, and includes, notwithstanding
22subdivision (1) of this subsection (d), one or more domestic
23workers as defined in Section 10 of the Domestic Workers' Bill
24of Rights Act, but does not include any individual permitted
25to work:
26        (1) For an employer employing fewer than 4 employees

 

 

SB1797- 749 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 750 -LRB103 03433 AMQ 48439 b

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.

 

 

SB1797- 751 -LRB103 03433 AMQ 48439 b

1    The above exclusions from the term "employee" may be
2further defined by regulations of the Director.
3    (e) "Occupation" means an industry, trade, business or
4class of work in which employees are gainfully employed.
5    (f) "Gratuities" means voluntary monetary contributions to
6an employee from a guest, patron or customer in connection
7with services rendered.
8    (g) "Outside salesman" means an employee regularly engaged
9in making sales or obtaining orders or contracts for services
10where a major portion of such duties are performed away from
11his employer's place of business.
12    (h) "Day camp" means a seasonal recreation program in
13operation for no more than 16 weeks intermittently throughout
14the calendar year, accommodating for profit or under
15philanthropic or charitable auspices, 5 or more children under
1618 years of age, not including overnight programs. The term
17"day camp" does not include a "child day care agency", "child
18care facility" or "foster family home" as licensed by the
19Illinois 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
22amended by changing Section 10 as follows:
 
23    (820 ILCS 182/10)
24    Sec. 10. Definitions. As used in this Act:

 

 

SB1797- 752 -LRB103 03433 AMQ 48439 b

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
20domestic work. "Domestic worker" does not include: (i) a
21person performing domestic work who is the employer's parent,
22spouse, child, or other member of his or her immediate family,
23exclusive of individuals whose primary work duties are
24caregiving, companion services, personal care or home health
25services for elderly persons or persons with an illness,
26injury, or disability who require assistance in caring for

 

 

SB1797- 753 -LRB103 03433 AMQ 48439 b

1themselves; (ii) child and day care home providers
2participating in the child care assistance program under
3Section 9A-11 of the Illinois Public Aid Code; (iii) a person
4who is employed by one or more employers in or about a private
5home or residence or any other location where the domestic
6work is performed for 8 hours or less in the aggregate in any
7workweek on a regular basis, exclusive of individuals whose
8primary work duties are caregiving, companion services,
9personal care or home health services for elderly persons or
10persons with an illness, injury, or disability who require
11assistance in caring for themselves; or (iv) a person who the
12employer establishes: (A) has been and will continue to be
13free from control and direction over the performance of his or
14her work, both under a contract of service and in fact; (B) is
15engaged in an independently established trade, occupation,
16profession or business; or (C) is deemed a legitimate sole
17proprietor or partnership. A sole proprietor or partnership
18shall be deemed to be legitimate if the employer establishes
19that:
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

 

 

SB1797- 754 -LRB103 03433 AMQ 48439 b

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

 

 

SB1797- 755 -LRB103 03433 AMQ 48439 b

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;
12association; corporation; limited liability company; business
13trust; employment and labor placement agency where wages are
14made directly or indirectly by the agency or business for work
15undertaken by employees under hire to a third party pursuant
16to a contract between the business or agency with the third
17party; the State of Illinois and local governments, or any
18political subdivision of the State or local government, or
19State or local government agency; for which one or more
20persons is gainfully employed, express or implied, whether
21lawfully or unlawfully employed, who employs a domestic worker
22or who exercises control over the domestic worker's wage,
23remuneration, or other compensation, hours of employment,
24place of employment, or working conditions, or whose agent or
25any other person or group of persons acting directly or
26indirectly in the interest of an employer in relation to the

 

 

SB1797- 756 -LRB103 03433 AMQ 48439 b

1employee exercises control over the domestic worker's wage,
2remuneration or other compensation, hours of employment, place
3of employment, or working conditions.
4(Source: P.A. 99-758, eff. 1-1-17.)
 
5    Section 995. No acceleration or delay. Where this Act
6makes changes in a statute that is represented in this Act by
7text that is not yet or no longer in effect (for example, a
8Section represented by multiple versions), the use of that
9text does not accelerate or delay the taking effect of (i) the
10changes made by this Act or (ii) provisions derived from any
11other Public Act.

 

 

SB1797- 757 -LRB103 03433 AMQ 48439 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 315/3from Ch. 48, par. 1603
4    5 ILCS 315/7from Ch. 48, par. 1607
5    20 ILCS 415/9from Ch. 127, par. 63b109
6    20 ILCS 505/5from Ch. 23, par. 5005
7    20 ILCS 505/5afrom Ch. 23, par. 5005a
8    20 ILCS 505/5.15
9    20 ILCS 505/21from Ch. 23, par. 5021
10    20 ILCS 505/22.1from Ch. 23, par. 5022.1
11    20 ILCS 505/22.4from Ch. 23, par. 5022.4
12    20 ILCS 605/605-1050
13    20 ILCS 655/8from Ch. 67 1/2, par. 612
14    20 ILCS 1305/1-75
15    20 ILCS 1305/10-22
16    20 ILCS 1705/57.5
17    20 ILCS 3501/840-5
18    20 ILCS 3510/2from Ch. 111 1/2, par. 8102
19    30 ILCS 590/2from Ch. 127, par. 3002
20    30 ILCS 590/3from Ch. 127, par. 3003
21    30 ILCS 590/4from Ch. 127, par. 3004
22    30 ILCS 590/5from Ch. 127, par. 3005
23    35 ILCS 105/2cfrom Ch. 120, par. 439.2c
24    35 ILCS 115/2cfrom Ch. 120, par. 439.102c
25    35 ILCS 120/2hfrom Ch. 120, par. 441h

 

 

SB1797- 758 -LRB103 03433 AMQ 48439 b

1    50 ILCS 350/15
2    55 ILCS 5/4-11001from Ch. 34, par. 4-11001
3    55 ILCS 5/5-1097.5
4    60 ILCS 1/85-13
5    65 ILCS 5/8-3-18
6    65 ILCS 5/11-5-1.5
7    65 ILCS 5/11-21.5-5
8    65 ILCS 5/11-74.4-3from Ch. 24, par. 11-74.4-3
9    65 ILCS 5/11-80-15from Ch. 24, par. 11-80-15
10    65 ILCS 115/10-8
11    105 ILCS 5/2-3.66from Ch. 122, par. 2-3.66
12    105 ILCS 5/10-22.18bfrom Ch. 122, par. 10-22.18b
13    105 ILCS 5/10-22.18cfrom Ch. 122, par. 10-22.18c
14    105 ILCS 5/34-18.4from Ch. 122, par. 34-18.4
15    105 ILCS 10/2from Ch. 122, par. 50-2
16    110 ILCS 305/1dfrom Ch. 144, par. 22d
17    110 ILCS 520/8b.1from Ch. 144, par. 658b.1
18    110 ILCS 660/5-95
19    110 ILCS 665/10-95
20    110 ILCS 670/15-95
21    110 ILCS 675/20-95
22    110 ILCS 680/25-95
23    110 ILCS 685/30-95
24    110 ILCS 690/35-95
25    210 ILCS 3/35
26    210 ILCS 46/1-114.001

 

 

SB1797- 759 -LRB103 03433 AMQ 48439 b

1    210 ILCS 47/1-114.001
2    210 ILCS 85/6.13from Ch. 111 1/2, par. 147.13
3    215 ILCS 5/155.31
4    215 ILCS 5/1204from Ch. 73, par. 1065.904
5    215 ILCS 5/1630
6    220 ILCS 5/8-103B
7    225 ILCS 10/2.09from Ch. 23, par. 2212.09
8    225 ILCS 10/2.11from Ch. 23, par. 2212.11
9    225 ILCS 10/2.18from Ch. 23, par. 2212.18
10    225 ILCS 10/2.20from Ch. 23, par. 2212.20
11    225 ILCS 10/3from Ch. 23, par. 2213
12    225 ILCS 10/4.5
13    225 ILCS 10/5from Ch. 23, par. 2215
14    225 ILCS 10/5.1from Ch. 23, par. 2215.1
15    225 ILCS 10/5.3
16    225 ILCS 10/5.5
17    225 ILCS 10/5.6
18    225 ILCS 10/5.8
19    225 ILCS 10/5.9
20    225 ILCS 10/5.10
21    225 ILCS 10/5.11
22    225 ILCS 10/6from Ch. 23, par. 2216
23    225 ILCS 10/7from Ch. 23, par. 2217
24    225 ILCS 10/7.10
25    225 ILCS 10/9.1c
26    225 ILCS 10/9.2

 

 

SB1797- 760 -LRB103 03433 AMQ 48439 b

1    225 ILCS 10/12from Ch. 23, par. 2222
2    225 ILCS 235/2from Ch. 111 1/2, par. 2202
3    225 ILCS 235/3.03from Ch. 111 1/2, par. 2203.03
4    225 ILCS 235/3.27
5    225 ILCS 235/10.2from Ch. 111 1/2, par. 2210.2
6    225 ILCS 235/10.3
7    225 ILCS 235/21.1from Ch. 111 1/2, par. 2221.1
8    235 ILCS 5/6-15from Ch. 43, par. 130
9    305 ILCS 5/5-19from Ch. 23, par. 5-19
10    305 ILCS 5/9-6from Ch. 23, par. 9-6
11    305 ILCS 5/9A-7from Ch. 23, par. 9A-7
12    305 ILCS 5/9A-11from Ch. 23, par. 9A-11
13    325 ILCS 5/2from Ch. 23, par. 2052
14    325 ILCS 5/4
15    325 ILCS 5/8.2from Ch. 23, par. 2058.2
16    325 ILCS 50/5from Ch. 23, par. 2285
17    405 ILCS 5/1-111from Ch. 91 1/2, par. 1-111
18    410 ILCS 27/5
19    410 ILCS 45/7.1from Ch. 111 1/2, par. 1307.1
20    410 ILCS 50/3.4
21    410 ILCS 130/105
22    410 ILCS 130/130
23    410 ILCS 170/10
24    410 ILCS 205/3from Ch. 23, par. 2333
25    410 ILCS 625/3.06
26    415 ILCS 5/17.12

 

 

SB1797- 761 -LRB103 03433 AMQ 48439 b

1    415 ILCS 65/2from Ch. 5, par. 852
2    415 ILCS 65/3from Ch. 5, par. 853
3    415 ILCS 65/6from Ch. 5, par. 856
4    425 ILCS 45/1002from Ch. 127 1/2, par. 951-2
5    425 ILCS 65/9from Ch. 127 1/2, par. 709
6    430 ILCS 68/5-20
7    625 ILCS 5/6-205
8    625 ILCS 5/6-206
9    625 ILCS 5/12-707.01from Ch. 95 1/2, par. 12-707.01
10    720 ILCS 5/2-5.1
11    720 ILCS 5/2-5.2
12    720 ILCS 5/2-8.1
13    720 ILCS 5/11-0.1
14    720 ILCS 5/11-9.3
15    720 ILCS 5/11-24
16    720 ILCS 5/18-1from Ch. 38, par. 18-1
17    720 ILCS 5/19-1from Ch. 38, par. 19-1
18    720 ILCS 5/48-1was 720 ILCS 5/26-5
19    725 ILCS 5/112A-14.5
20    725 ILCS 5/112A-14.7
21    725 ILCS 5/112A-22from Ch. 38, par. 112A-22
22    725 ILCS 207/40
23    730 ILCS 5/3-2.5-95
24    730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
25    730 ILCS 5/5-5-3.2
26    740 ILCS 21/80

 

 

SB1797- 762 -LRB103 03433 AMQ 48439 b

1    740 ILCS 21/115
2    740 ILCS 22/213
3    750 ILCS 46/106
4    750 ILCS 60/203from Ch. 40, par. 2312-3
5    750 ILCS 60/222from Ch. 40, par. 2312-22
6    775 ILCS 5/5-101from Ch. 68, par. 5-101
7    820 ILCS 105/3from Ch. 48, par. 1003
8    820 ILCS 182/10