Full Text of HB0596 101st General Assembly
HB0596ham001 101ST GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/3/2019
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| 1 | | AMENDMENT TO HOUSE BILL 596
| 2 | | AMENDMENT NO. ______. Amend House Bill 596 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Statute on Statutes is amended by adding | 5 | | Sections 1.43, 1.44, 1.45, and 1.46 as follows: | 6 | | (5 ILCS 70/1.43 new) | 7 | | Sec. 1.43. Hearing impaired. Except where the context | 8 | | indicates otherwise, in any rule, contract, or other document a | 9 | | reference to the term "hearing impaired" shall be considered a | 10 | | reference to the term "deaf" or "hard of hearing". The use of | 11 | | either "hearing impaired", "deaf", or "hard of hearing" shall | 12 | | not invalidate any rule, contract, or other document. | 13 | | (5 ILCS 70/1.44 new) | 14 | | Sec. 1.44. Deaf. "Deaf" means a person who, because of the | 15 | | severity of a hearing loss, is not able to discriminate speech |
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| 1 | | when spoken in a normal conversational tone regardless of the | 2 | | use of amplification devices and whose primary means of | 3 | | receiving spoken communication is through visual input, | 4 | | including, but not limited to, American Sign Language, speech | 5 | | reading, sign systems, tactile sign, fingerspelling, reading, | 6 | | or writing. | 7 | | (5 ILCS 70/1.45 new) | 8 | | Sec. 1.45. Hard of hearing. "Hard of hearing" means a | 9 | | person who, because of a hearing loss, finds hearing difficult, | 10 | | but does not preclude the understanding of spoken communication | 11 | | through the ear alone, regardless of the use of amplification | 12 | | devices or assistive devices, and whose primary means of | 13 | | receiving spoken communication is through visual or auditory | 14 | | input, including, but not limited to, assistive devices, speech | 15 | | reading, sign language, fingerspelling, reading, or writing. | 16 | | (5 ILCS 70/1.46 new) | 17 | | Sec. 1.46. Deafblind. "Deafblind" means a person with (i) a | 18 | | visual impairment and an auditory impairment or (ii) a | 19 | | condition in which there is a progressive loss of hearing or | 20 | | vision, or both, that results in concomitant vision and hearing | 21 | | impairments and that adversely affects daily life. As used in | 22 | | this Section: | 23 | | (1) "Visual impairment" means one or more of the | 24 | | following: (i) corrected visual acuity poorer than 20/70 in |
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| 1 | | the better eye; (ii) restricted visual field of 20 degrees | 2 | | or less in the better eye; (iii) cortical blindness; or | 3 | | (iv) does not appear to respond to visual stimulation. | 4 | | (2) "Auditory impairment" means one or more of the | 5 | | following: (i) a sensorineural or ongoing or chronic | 6 | | conductive hearing loss with aided sensitivity of 30dB HL | 7 | | or poorer; (ii) functional auditory behavior that is | 8 | | significantly discrepant from the person's present | 9 | | cognitive or developmental levels. | 10 | | Section 10. The Emergency Telephone System Act is amended | 11 | | by changing Sections 2 and 6.1 as follows:
| 12 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
| 13 | | (Section scheduled to be repealed on December 31, 2020)
| 14 | | Sec. 2. Definitions. As used in this Act, unless the | 15 | | context otherwise requires: | 16 | | "9-1-1 network" means the network used for the delivery of | 17 | | 9-1-1 calls and messages over dedicated and redundant | 18 | | facilities to a primary or backup 9-1-1 PSAP that meets P.01 | 19 | | grade of service standards for basic 9-1-1 and enhanced 9-1-1 | 20 | | services or meets national I3 industry call delivery standards | 21 | | for Next Generation 9-1-1 services. | 22 | | "9-1-1 system" means the geographic area that has been | 23 | | granted an order of authority by the Commission or the | 24 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary |
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| 1 | | emergency telephone number. | 2 | | "9-1-1 Authority" includes an Emergency Telephone System | 3 | | Board, Joint Emergency Telephone System Board, and a qualified | 4 | | governmental entity. "9-1-1 Authority" includes the Department | 5 | | of State Police only to the extent it provides 9-1-1 services | 6 | | under this Act. | 7 | | "Administrator" means the Statewide 9-1-1 Administrator. | 8 | | "Advanced service" means any telecommunications service | 9 | | with or without dynamic bandwidth allocation, including, but | 10 | | not limited to, ISDN Primary Rate Interface (PRI), that, | 11 | | through the use of a DS-1, T-1, or other un-channelized or | 12 | | multi-channel transmission facility, is capable of | 13 | | transporting either the subscriber's inter-premises voice | 14 | | telecommunications services to the public switched network or | 15 | | the subscriber's 9-1-1 calls to the public agency. | 16 | | "ALI" or "automatic location identification" means, in an | 17 | | E9-1-1 system, the automatic display at the public safety | 18 | | answering point of the caller's telephone number, the address | 19 | | or location of the telephone, and supplementary emergency | 20 | | services information. | 21 | | "ANI" or "automatic number identification" means the | 22 | | automatic display of the 9-1-1 calling party's number on the | 23 | | PSAP monitor. | 24 | | "Automatic alarm" and "automatic alerting device" mean any | 25 | | device that will access the 9-1-1 system for emergency services | 26 | | upon activation. |
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| 1 | | "Backup PSAP" means a public safety answering point that | 2 | | serves as an alternate to the PSAP for enhanced systems and is | 3 | | at a different location and operates independently from the | 4 | | PSAP. A backup PSAP may accept overflow calls from the PSAP or | 5 | | be activated if the primary PSAP is disabled. | 6 | | "Board" means an Emergency Telephone System Board or a | 7 | | Joint Emergency Telephone System Board created pursuant to | 8 | | Section 15.4. | 9 | | "Carrier" includes a telecommunications carrier and a | 10 | | wireless carrier. | 11 | | "Commission" means the Illinois Commerce Commission. | 12 | | "Computer aided dispatch" or "CAD" means a computer-based | 13 | | system that aids PSAP telecommunicators by automating selected | 14 | | dispatching and recordkeeping activities. | 15 | | "Direct dispatch method" means a 9-1-1 service that | 16 | | provides for the direct dispatch by a PSAP telecommunicator of | 17 | | the appropriate unit upon receipt of an emergency call and the | 18 | | decision as to the proper action to be taken. | 19 | | "Department" means the Department of State Police. | 20 | | "DS-1, T-1, or similar un-channelized or multi-channel | 21 | | transmission facility" means a facility that can transmit and | 22 | | receive a bit rate of at least 1.544 megabits per second | 23 | | (Mbps). | 24 | | "Dynamic bandwidth allocation" means the ability of the | 25 | | facility or customer to drop and add channels, or adjust | 26 | | bandwidth, when needed in real time for voice or data purposes. |
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| 1 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | 2 | | includes network switching, database and PSAP premise elements | 3 | | capable of providing automatic location identification data, | 4 | | selective routing, selective transfer, fixed transfer, and a | 5 | | call back number, including any enhanced 9-1-1 service so | 6 | | designated by the Federal Communications Commission in its | 7 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any | 8 | | successor proceeding. | 9 | | "ETSB" means an emergency telephone system board appointed | 10 | | by the corporate authorities of any county or municipality that | 11 | | provides for the management and operation of a 9-1-1 system. | 12 | | " Deaf, hard of hearing, or deafblind Hearing-impaired | 13 | | individual" means a person with a permanent hearing loss who | 14 | | can regularly and routinely communicate by telephone only | 15 | | through the aid of devices which can send and receive written | 16 | | messages over the telephone network. | 17 | | "Hosted supplemental 9-1-1 service" means a database | 18 | | service that: | 19 | | (1) electronically provides information to 9-1-1 call | 20 | | takers when a call is placed to 9-1-1; | 21 | | (2) allows telephone subscribers to provide | 22 | | information to 9-1-1 to be used in emergency scenarios; | 23 | | (3) collects a variety of formatted data relevant to | 24 | | 9-1-1 and first responder needs, which may include, but is | 25 | | not limited to, photographs of the telephone subscribers, | 26 | | physical descriptions, medical information, household |
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| 1 | | data, and emergency contacts; | 2 | | (4) allows for information to be entered by telephone | 3 | | subscribers through a secure website where they can elect | 4 | | to provide as little or as much information as they choose; | 5 | | (5) automatically displays data provided by telephone | 6 | | subscribers to 9-1-1 call takers for all types of | 7 | | telephones when a call is placed to 9-1-1 from a registered | 8 | | and confirmed phone number; | 9 | | (6) supports the delivery of telephone subscriber | 10 | | information through a secure internet connection to all | 11 | | emergency telephone system boards; | 12 | | (7) works across all 9-1-1 call taking equipment and | 13 | | allows for the easy transfer of information into a computer | 14 | | aided dispatch system; and | 15 | | (8) may be used to collect information pursuant to an | 16 | | Illinois Premise Alert Program as defined in the Illinois | 17 | | Premise Alert Program (PAP) Act. | 18 | | "Interconnected voice over Internet protocol provider" or | 19 | | "Interconnected VoIP provider" has the meaning given to that | 20 | | term under Section 13-235 of the Public Utilities Act. | 21 | | "Joint ETSB" means a Joint Emergency Telephone System Board | 22 | | established by intergovernmental agreement of two or more | 23 | | municipalities or counties, or a combination thereof, to | 24 | | provide for the management and operation of a 9-1-1 system. | 25 | | "Local public agency" means any unit of local government or | 26 | | special purpose district located in whole or in part within |
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| 1 | | this State that provides or has authority to provide | 2 | | firefighting, police, ambulance, medical, or other emergency | 3 | | services. | 4 | | "Mechanical dialer" means any device that either manually | 5 | | or remotely triggers a dialing device to access the 9-1-1 | 6 | | system. | 7 | | "Master Street Address Guide" or "MSAG" is a database of | 8 | | street names and house ranges within their associated | 9 | | communities defining emergency service zones (ESZs) and their | 10 | | associated emergency service numbers (ESNs) to enable proper | 11 | | routing of 9-1-1 calls. | 12 | | "Mobile telephone number" or "MTN" means the telephone | 13 | | number assigned to a wireless telephone at the time of initial | 14 | | activation. | 15 | | "Network connections" means the number of voice grade | 16 | | communications channels directly between a subscriber and a | 17 | | telecommunications carrier's public switched network, without | 18 | | the intervention of any other telecommunications carrier's | 19 | | switched network, which would be required to carry the | 20 | | subscriber's inter-premises traffic and which connection | 21 | | either (1) is capable of providing access through the public | 22 | | switched network to a 9-1-1 Emergency Telephone System, if one | 23 | | exists, or (2) if no system exists at the time a surcharge is | 24 | | imposed under Section 15.3, that would be capable of providing | 25 | | access through the public switched network to the local 9-1-1 | 26 | | Emergency Telephone System if one existed. Where multiple voice |
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| 1 | | grade communications channels are connected to a | 2 | | telecommunications carrier's public switched network through a | 3 | | private branch exchange (PBX) service, there shall be | 4 | | determined to be one network connection for each trunk line | 5 | | capable of transporting either the subscriber's inter-premises | 6 | | traffic to the public switched network or the subscriber's | 7 | | 9-1-1 calls to the public agency. Where multiple voice grade | 8 | | communications channels are connected to a telecommunications | 9 | | carrier's public switched network through centrex type | 10 | | service, the number of network connections shall be equal to | 11 | | the number of PBX trunk equivalents for the subscriber's | 12 | | service or other multiple voice grade communication channels | 13 | | facility, as determined by reference to any generally | 14 | | applicable exchange access service tariff filed by the | 15 | | subscriber's telecommunications carrier with the Commission. | 16 | | "Network costs" means those recurring costs that directly | 17 | | relate to the operation of the 9-1-1 network as determined by | 18 | | the Statewide 9-1-1 Administrator with the advice of the | 19 | | Statewide 9-1-1 Advisory Board, which may include, but need not | 20 | | be limited to, some or all of the following: costs for | 21 | | interoffice trunks, selective routing charges, transfer lines | 22 | | and toll charges for 9-1-1 services, Automatic Location | 23 | | Information (ALI) database charges, independent local exchange | 24 | | carrier charges and non-system provider charges, carrier | 25 | | charges for third party database for on-site customer premises | 26 | | equipment, back-up PSAP trunks for non-system providers, |
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| 1 | | periodic database updates as provided by carrier (also known as | 2 | | "ALI data dump"), regional ALI storage charges, circuits for | 3 | | call delivery (fiber or circuit connection), NG9-1-1 costs, and | 4 | | all associated fees, taxes, and surcharges on each invoice. | 5 | | "Network costs" shall not include radio circuits or toll | 6 | | charges that are other than for 9-1-1 services. | 7 | | "Next generation 9-1-1" or "NG9-1-1" means an Internet | 8 | | Protocol-based (IP-based) system comprised of managed ESInets, | 9 | | functional elements and applications, and databases that | 10 | | replicate traditional E9-1-1 features and functions and | 11 | | provide additional capabilities. "NG9-1-1" systems are | 12 | | designed to provide access to emergency services from all | 13 | | connected communications sources, and provide multimedia data | 14 | | capabilities for PSAPs and other emergency services | 15 | | organizations. | 16 | | "NG9-1-1 costs" means those recurring costs that directly | 17 | | relate to the Next Generation 9-1-1 service as determined by | 18 | | the Statewide 9-1-1 Advisory Board, including, but not limited | 19 | | to, costs for Emergency System Routing Proxy (ESRP), Emergency | 20 | | Call Routing Function/Location Validation Function (ECRF/LVF), | 21 | | Spatial Information Function (SIF), the Border Control | 22 | | Function (BCF), and the Emergency Services Internet Protocol | 23 | | networks (ESInets), legacy network gateways, and all | 24 | | associated fees, taxes, and surcharges on each invoice. | 25 | | "Private branch exchange" or "PBX" means a private | 26 | | telephone system and associated equipment located on the user's |
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| 1 | | property that provides communications between internal | 2 | | stations and external networks. | 3 | | "Private business switch service" means network and | 4 | | premises based systems including a VoIP, Centrex type service, | 5 | | or PBX service, even though key telephone systems or equivalent | 6 | | telephone systems registered with the Federal Communications | 7 | | Commission under 47 C.F.R. Part 68 are directly connected to | 8 | | Centrex type and PBX systems. "Private business switch service" | 9 | | does not include key telephone systems or equivalent telephone | 10 | | systems registered with the Federal Communications Commission | 11 | | under 47 C.F.R. Part 68 when not used in conjunction with a | 12 | | VoIP, Centrex type, or PBX systems. "Private business switch | 13 | | service" typically includes, but is not limited to, private | 14 | | businesses, corporations, and industries where the | 15 | | telecommunications service is primarily for conducting | 16 | | business. | 17 | | "Private residential switch service" means network and | 18 | | premise based systems including a VoIP, Centrex type service, | 19 | | or PBX service or key telephone systems or equivalent telephone | 20 | | systems registered with the Federal Communications Commission | 21 | | under 47 C.F.R. Part 68 that are directly connected to a VoIP, | 22 | | Centrex type service, or PBX systems equipped for switched | 23 | | local network connections or 9-1-1 system access to residential | 24 | | end users through a private telephone switch. "Private | 25 | | residential switch service" does not include key telephone | 26 | | systems or equivalent telephone systems registered with the |
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| 1 | | Federal Communications Commission under 47 C.F.R. Part 68 when | 2 | | not used in conjunction with a VoIP, Centrex type, or PBX | 3 | | systems. "Private residential switch service" typically | 4 | | includes, but is not limited to, apartment complexes, | 5 | | condominiums, and campus or university environments where | 6 | | shared tenant service is provided and where the usage of the | 7 | | telecommunications service is primarily residential. | 8 | | "Public agency" means the State, and any unit of local | 9 | | government or special purpose district located in whole or in | 10 | | part within this State, that provides or has authority to | 11 | | provide firefighting, police, ambulance, medical, or other | 12 | | emergency services. | 13 | | "Public safety agency" means a functional division of a | 14 | | public agency that provides firefighting, police, medical, or | 15 | | other emergency services to respond to and manage emergency | 16 | | incidents. For the purpose of providing wireless service to | 17 | | users of 9-1-1 emergency services, as expressly provided for in | 18 | | this Act, the Department of State Police may be considered a | 19 | | public safety agency. | 20 | | "Public safety answering point" or "PSAP" is a set of | 21 | | call-takers authorized by a governing body and operating under | 22 | | common management that receive 9-1-1 calls and asynchronous | 23 | | event notifications for a defined geographic area and processes | 24 | | those calls and events according to a specified operational | 25 | | policy. | 26 | | "Qualified governmental entity" means a unit of local |
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| 1 | | government authorized to provide 9-1-1 services pursuant to | 2 | | this Act where no emergency telephone system board exists. | 3 | | "Referral method" means a 9-1-1 service in which the PSAP | 4 | | telecommunicator provides the calling party with the telephone | 5 | | number of the appropriate public safety agency or other | 6 | | provider of emergency services. | 7 | | "Regular service" means any telecommunications service, | 8 | | other than advanced service, that is capable of transporting | 9 | | either the subscriber's inter-premises voice | 10 | | telecommunications services to the public switched network or | 11 | | the subscriber's 9-1-1 calls to the public agency. | 12 | | "Relay method" means a 9-1-1 service in which the PSAP | 13 | | telecommunicator takes the pertinent information from a caller | 14 | | and relays that information to the appropriate public safety | 15 | | agency or other provider of emergency services. | 16 | | "Remit period" means the billing period, one month in | 17 | | duration, for which a wireless carrier remits a surcharge and | 18 | | provides subscriber information by zip code to the Department, | 19 | | in accordance with Section 20 of this Act. | 20 | | "Secondary Answering Point" or "SAP" means a location, | 21 | | other than a PSAP, that is able to receive the voice, data, and | 22 | | call back number of E9-1-1 or NG9-1-1 emergency calls | 23 | | transferred from a PSAP and completes the call taking process | 24 | | by dispatching police, medical, fire, or other emergency | 25 | | responders. | 26 | | "Statewide wireless emergency 9-1-1 system" means all |
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| 1 | | areas of the State where an emergency telephone system board | 2 | | or, in the absence of an emergency telephone system board, a | 3 | | qualified governmental entity, has not declared its intention | 4 | | for one or more of its public safety answering points to serve | 5 | | as a primary wireless 9-1-1 public safety answering point for | 6 | | its jurisdiction. The operator of the statewide wireless | 7 | | emergency 9-1-1 system shall be the Department of State Police. | 8 | | "System" means the communications equipment and related | 9 | | software applications required to produce a response by the | 10 | | appropriate emergency public safety agency or other provider of | 11 | | emergency services as a result of an emergency call being | 12 | | placed to 9-1-1. | 13 | | "System provider" means the contracted entity providing | 14 | | 9-1-1 network and database services. | 15 | | "Telecommunications carrier" means those entities included | 16 | | within the definition specified in Section 13-202 of the Public | 17 | | Utilities Act, and includes those carriers acting as resellers | 18 | | of telecommunications services. "Telecommunications carrier" | 19 | | includes telephone systems operating as mutual concerns. | 20 | | "Telecommunications carrier" does not include a wireless | 21 | | carrier. | 22 | | "Telecommunications technology" means equipment that can | 23 | | send and receive written messages over the telephone network. | 24 | | "Transfer method" means a 9-1-1 service in which the PSAP | 25 | | telecommunicator receiving a call transfers that call to the | 26 | | appropriate public safety agency or other provider of emergency |
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| 1 | | services. | 2 | | "Transmitting messages" shall have the meaning given to | 3 | | that term under Section 8-11-2 of the Illinois Municipal Code. | 4 | | "Trunk line" means a transmission path, or group of | 5 | | transmission paths, connecting a subscriber's PBX to a | 6 | | telecommunications carrier's public switched network. In the | 7 | | case of regular service, each voice grade communications | 8 | | channel or equivalent amount of bandwidth capable of | 9 | | transporting either the subscriber's inter-premises voice | 10 | | telecommunications services to the public switched network or | 11 | | the subscriber's 9-1-1 calls to the public agency shall be | 12 | | considered a trunk line, even if it is bundled with other | 13 | | channels or additional bandwidth. In the case of advanced | 14 | | service, each DS-1, T-1, or other un-channelized or | 15 | | multi-channel transmission facility that is capable of | 16 | | transporting either the subscriber's inter-premises voice | 17 | | telecommunications services to the public switched network or | 18 | | the subscriber's 9-1-1 calls to the public agency shall be | 19 | | considered a single trunk line, even if it contains multiple | 20 | | voice grade communications channels or otherwise supports 2 or | 21 | | more voice grade calls at a time; provided, however, that each | 22 | | additional increment of up to 24 voice grade channels of | 23 | | transmission capacity that is capable of transporting either | 24 | | the subscriber's inter-premises voice telecommunications | 25 | | services to the public switched network or the subscriber's | 26 | | 9-1-1 calls to the public agency shall be considered an |
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| 1 | | additional trunk line. | 2 | | "Unmanned backup PSAP" means a public safety answering | 3 | | point that serves as an alternate to the PSAP at an alternate | 4 | | location and is typically unmanned but can be activated if the | 5 | | primary PSAP is disabled. | 6 | | "Virtual answering point" or "VAP" means a temporary or | 7 | | nonpermanent location that is capable of receiving an emergency | 8 | | call, contains a fully functional worksite that is not bound to | 9 | | a specific location, but rather is portable and scalable, | 10 | | connecting emergency call takers or dispatchers to the work | 11 | | process, and is capable of completing the call dispatching | 12 | | process. | 13 | | "Voice-impaired individual" means a person with a | 14 | | permanent speech disability which precludes oral | 15 | | communication, who can regularly and routinely communicate by | 16 | | telephone only through the aid of devices which can send and | 17 | | receive written messages over the telephone network. | 18 | | "Wireless carrier" means a provider of two-way cellular, | 19 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | 20 | | Mobile Radio Service (CMRS), Wireless Communications Service | 21 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as | 22 | | defined by the Federal Communications Commission, offering | 23 | | radio communications that may provide fixed, mobile, radio | 24 | | location, or satellite communication services to individuals | 25 | | or businesses within its assigned spectrum block and | 26 | | geographical area or that offers real-time, two-way voice |
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| 1 | | service that is interconnected with the public switched | 2 | | network, including a reseller of such service. | 3 | | "Wireless enhanced 9-1-1" means the ability to relay the | 4 | | telephone number of the originator of a 9-1-1 call and location | 5 | | information from any mobile handset or text telephone device | 6 | | accessing the wireless system to the designated wireless public | 7 | | safety answering point as set forth in the order of the Federal | 8 | | Communications Commission, FCC Docket No. 94-102, adopted June | 9 | | 12, 1996, with an effective date of October 1, 1996, and any | 10 | | subsequent amendment thereto. | 11 | | "Wireless public safety answering point" means the | 12 | | functional division of a 9-1-1 authority accepting wireless | 13 | | 9-1-1 calls. | 14 | | "Wireless subscriber" means an individual or entity to whom | 15 | | a wireless service account or number has been assigned by a | 16 | | wireless carrier, other than an account or number associated | 17 | | with prepaid wireless telecommunication service.
| 18 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 19 | | (50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
| 20 | | (Section scheduled to be repealed on December 31, 2020)
| 21 | | Sec. 6.1.
Every 9-1-1 system shall be
readily accessible to | 22 | | deaf, hard of hearing, deafblind, hearing-impaired and | 23 | | voice-impaired individuals
through the use of | 24 | | telecommunications technology for deaf, hard of hearing, | 25 | | deafblind, hearing-impaired and
speech-impaired individuals.
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| 1 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 2 | | Section 15. The Public Utilities Act is amended by changing | 3 | | Section 13-213 as follows:
| 4 | | (220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
| 5 | | (Section scheduled to be repealed on December 31, 2020)
| 6 | | Sec. 13-213.
"Hearing-aid compatible telephone" means a | 7 | | telephone so
equipped that it can activate an inductive | 8 | | coupling hearing-aid or which
will provide an alternative | 9 | | technology that provides equally effective
telephone service | 10 | | and which will provide equipment necessary for the
deaf, hard | 11 | | of hearing, and deafblind hearing impaired to use generally | 12 | | available telecommunications services
effectively or without | 13 | | assistance.
| 14 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 15 | | Section 20. The Smoke Detector Act is amended by changing | 16 | | Section 3 as follows:
| 17 | | (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
| 18 | | (Text of Section before amendment by P.A. 100-200 )
| 19 | | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | 20 | | with at least one
approved smoke detector in an operating | 21 | | condition within 15 feet of every room
used for sleeping | 22 | | purposes. The detector shall be installed on the ceiling
and at |
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| 1 | | least 6 inches from any wall, or on a wall located between 4 | 2 | | and 6
inches from the ceiling.
| 3 | | (b) Every single family residence shall have at least one | 4 | | approved smoke
detector installed on every story of the | 5 | | dwelling unit, including basements
but not including | 6 | | unoccupied attics. In dwelling units with split levels,
a smoke | 7 | | detector installed on the upper level shall suffice for the
| 8 | | adjacent lower level if the lower level is less than one full | 9 | | story below
the upper level; however, if there is an | 10 | | intervening door between the
adjacent levels, a smoke detector | 11 | | shall be installed on each level.
| 12 | | (c) Every structure which (1) contains more than one | 13 | | dwelling unit, or
(2) contains at least one dwelling unit and | 14 | | is a mixed-use structure, shall
contain at least one approved | 15 | | smoke detector at the uppermost ceiling of
each interior | 16 | | stairwell. The detector shall be installed on the ceiling,
at | 17 | | least 6 inches from the wall, or on a wall located between 4 | 18 | | and 6
inches from the ceiling.
| 19 | | (d) It shall be the responsibility of the owner of a | 20 | | structure to supply
and install all required detectors. The | 21 | | owner shall be responsible for
making reasonable efforts to | 22 | | test and maintain detectors in common
stairwells and hallways. | 23 | | It shall be the responsibility of a tenant to
test and to | 24 | | provide general maintenance for the detectors within the
| 25 | | tenant's dwelling unit or rooming unit, and to notify the owner | 26 | | or the
authorized agent of the owner in writing of any |
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| 1 | | deficiencies which the
tenant cannot correct. The owner shall | 2 | | be responsible for providing one
tenant per dwelling unit with | 3 | | written information regarding detector
testing and | 4 | | maintenance.
| 5 | | The tenant shall be responsible for replacement of any | 6 | | required batteries
in the smoke detectors in the tenant's | 7 | | dwelling unit, except that the owner
shall ensure that such | 8 | | batteries are in operating condition at the time
the tenant | 9 | | takes possession of the dwelling unit. The tenant shall provide
| 10 | | the owner or the authorized agent of the owner with access to | 11 | | the dwelling
unit to correct any deficiencies in the smoke | 12 | | detector which have been
reported in writing to the owner or | 13 | | the authorized agent of the owner.
| 14 | | (e) The requirements of this Section shall apply to any | 15 | | dwelling unit
in existence on July 1, 1988, beginning on that | 16 | | date. Except as provided
in subsections (f) and (g), the smoke | 17 | | detectors required in such dwelling
units may be either battery | 18 | | powered or wired into the structure's AC power
line, and need | 19 | | not be interconnected.
| 20 | | (f) In the case of any dwelling unit that is newly | 21 | | constructed,
reconstructed, or substantially remodelled after | 22 | | December 31, 1987, the
requirements of this Section shall apply | 23 | | beginning on the first day of
occupancy of the dwelling unit | 24 | | after such construction, reconstruction or
substantial | 25 | | remodelling. The smoke detectors required in such dwelling
unit | 26 | | shall be permanently wired into the structure's AC power line, |
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| 1 | | and if
more than one detector is required to be installed | 2 | | within the dwelling
unit, the detectors shall be wired so that | 3 | | the actuation of one detector
will actuate all the detectors in | 4 | | the dwelling unit.
| 5 | | In the case of any dwelling unit that is newly constructed,
| 6 | | reconstructed, or substantially remodeled on or after January | 7 | | 1, 2011, smoke detectors permanently wired into the structure's | 8 | | AC power line must also maintain an alternative back-up power | 9 | | source, which may be either a battery or batteries or an | 10 | | emergency generator. | 11 | | (g) Every hotel shall be equipped with operational portable
| 12 | | smoke-detecting alarm devices for the deaf , hard of hearing, | 13 | | and deafblind and hearing impaired of audible
and visual | 14 | | design, available for units of occupancy.
| 15 | | Specialized smoke-detectors for the deaf , hard of hearing, | 16 | | and deafblind and hearing impaired shall be
available upon | 17 | | request by guests in such hotels at a rate
of at least one such | 18 | | smoke detector per 75 occupancy units or portions
thereof, not | 19 | | to exceed 5 such smoke detectors per hotel.
Incorporation or | 20 | | connection into an existing interior alarm system, so as
to be | 21 | | capable of being activated by the system, may be utilized in | 22 | | lieu of
the portable alarms.
| 23 | | Operators of any hotel shall post conspicuously at the main | 24 | | desk a
permanent notice, in letters at least 3 inches in | 25 | | height, stating that
smoke detector alarm devices for the deaf , | 26 | | hard of hearing, and deafblind and hearing impaired are
|
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| 1 | | available. The proprietor may require a refundable deposit for | 2 | | a portable
smoke detector not to exceed the cost of the | 3 | | detector.
| 4 | | (g-5) A hotel, as defined in this Act, shall be responsible | 5 | | for installing and maintaining smoke detecting equipment. | 6 | | (h) Compliance with an applicable federal, State or local | 7 | | law or
building code which requires the installation and | 8 | | maintenance of smoke
detectors in a manner different from this | 9 | | Section, but providing a level of
safety for occupants which is | 10 | | equal to or greater than that provided by
this Section, shall | 11 | | be deemed to be in compliance with this Section, and
the | 12 | | requirements of such more stringent law shall govern over the
| 13 | | requirements of this Section.
| 14 | | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
| 15 | | (Text of Section after amendment by P.A. 100-200 )
| 16 | | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | 17 | | with at least one
approved smoke detector in an operating | 18 | | condition within 15 feet of every room
used for sleeping | 19 | | purposes. The detector shall be installed on the ceiling
and at | 20 | | least 6 inches from any wall, or on a wall located between 4 | 21 | | and 6
inches from the ceiling.
| 22 | | (b) Every single family residence shall have at least one | 23 | | approved smoke
detector installed on every story of the | 24 | | dwelling unit, including basements
but not including | 25 | | unoccupied attics. In dwelling units with split levels,
a smoke |
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| 1 | | detector installed on the upper level shall suffice for the
| 2 | | adjacent lower level if the lower level is less than one full | 3 | | story below
the upper level; however, if there is an | 4 | | intervening door between the
adjacent levels, a smoke detector | 5 | | shall be installed on each level.
| 6 | | (c) Every structure which (1) contains more than one | 7 | | dwelling unit, or
(2) contains at least one dwelling unit and | 8 | | is a mixed-use structure, shall
contain at least one approved | 9 | | smoke detector at the uppermost ceiling of
each interior | 10 | | stairwell. The detector shall be installed on the ceiling,
at | 11 | | least 6 inches from the wall, or on a wall located between 4 | 12 | | and 6
inches from the ceiling.
| 13 | | (d) It shall be the responsibility of the owner of a | 14 | | structure to supply
and install all required detectors. The | 15 | | owner shall be responsible for
making reasonable efforts to | 16 | | test and maintain detectors in common
stairwells and hallways. | 17 | | It shall be the responsibility of a tenant to
test and to | 18 | | provide general maintenance for the detectors within the
| 19 | | tenant's dwelling unit or rooming unit, and to notify the owner | 20 | | or the
authorized agent of the owner in writing of any | 21 | | deficiencies which the
tenant cannot correct. The owner shall | 22 | | be responsible for providing one
tenant per dwelling unit with | 23 | | written information regarding detector
testing and | 24 | | maintenance.
| 25 | | The tenant shall be responsible for replacement of any | 26 | | required batteries
in the smoke detectors in the tenant's |
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| 1 | | dwelling unit, except that the owner
shall ensure that such | 2 | | batteries are in operating condition at the time
the tenant | 3 | | takes possession of the dwelling unit. The tenant shall provide
| 4 | | the owner or the authorized agent of the owner with access to | 5 | | the dwelling
unit to correct any deficiencies in the smoke | 6 | | detector which have been
reported in writing to the owner or | 7 | | the authorized agent of the owner.
| 8 | | (e) The requirements of this Section shall apply to any | 9 | | dwelling unit
in existence on July 1, 1988, beginning on that | 10 | | date. Except as provided
in subsections (f) and (g), the smoke | 11 | | detectors required in such dwelling
units may be either: | 12 | | battery powered provided the battery is a self-contained, | 13 | | non-removable, long term battery, or wired into the structure's | 14 | | AC power
line, and need not be interconnected.
| 15 | | (1) The battery requirements of this Section shall | 16 | | apply to battery powered smoke detectors that: (A) are in | 17 | | existence and exceed 10 years from the date of their being | 18 | | manufactured; (B) fails to respond to operability tests or | 19 | | otherwise malfunctions; or (C) are newly installed. | 20 | | (2) The battery requirements of this Section do not | 21 | | apply to: (A) a fire alarm, smoke detector, smoke alarm, or | 22 | | ancillary component that is electronically connected as a | 23 | | part of a centrally monitored or supervised alarm system; | 24 | | (B) a fire alarm, smoke detector, smoke alarm, or ancillary | 25 | | component that uses: (i) a low-power radio frequency | 26 | | wireless communication signal, or (ii) Wi-Fi or other |
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| 1 | | wireless Local Area Networking capability to send and | 2 | | receive notifications to and from the Internet, such as | 3 | | early low battery warnings before the device reaches a | 4 | | critical low power level; or (C) such other devices as the | 5 | | State Fire Marshal shall designate through its regulatory | 6 | | process. | 7 | | (f) In the case of any dwelling unit that is newly | 8 | | constructed,
reconstructed, or substantially remodelled after | 9 | | December 31, 1987, the
requirements of this Section shall apply | 10 | | beginning on the first day of
occupancy of the dwelling unit | 11 | | after such construction, reconstruction or
substantial | 12 | | remodelling. The smoke detectors required in such dwelling
unit | 13 | | shall be permanently wired into the structure's AC power line, | 14 | | and if
more than one detector is required to be installed | 15 | | within the dwelling
unit, the detectors shall be wired so that | 16 | | the actuation of one detector
will actuate all the detectors in | 17 | | the dwelling unit.
| 18 | | In the case of any dwelling unit that is newly constructed,
| 19 | | reconstructed, or substantially remodeled on or after January | 20 | | 1, 2011, smoke detectors permanently wired into the structure's | 21 | | AC power line must also maintain an alternative back-up power | 22 | | source, which may be either a battery or batteries or an | 23 | | emergency generator. | 24 | | (g) Every hotel shall be equipped with operational portable
| 25 | | smoke-detecting alarm devices for the deaf , hard of hearing, | 26 | | and deafblind and hearing impaired of audible
and visual |
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| 1 | | design, available for units of occupancy.
| 2 | | Specialized smoke-detectors for the deaf , hard of hearing, | 3 | | and deafblind and hearing impaired shall be
available upon | 4 | | request by guests in such hotels at a rate
of at least one such | 5 | | smoke detector per 75 occupancy units or portions
thereof, not | 6 | | to exceed 5 such smoke detectors per hotel.
Incorporation or | 7 | | connection into an existing interior alarm system, so as
to be | 8 | | capable of being activated by the system, may be utilized in | 9 | | lieu of
the portable alarms.
| 10 | | Operators of any hotel shall post conspicuously at the main | 11 | | desk a
permanent notice, in letters at least 3 inches in | 12 | | height, stating that
smoke detector alarm devices for the deaf , | 13 | | hard of hearing, and deafblind and hearing impaired are
| 14 | | available. The proprietor may require a refundable deposit for | 15 | | a portable
smoke detector not to exceed the cost of the | 16 | | detector.
| 17 | | (g-5) A hotel, as defined in this Act, shall be responsible | 18 | | for installing and maintaining smoke detecting equipment. | 19 | | (h) Compliance with an applicable federal, State or local | 20 | | law or
building code which requires the installation and | 21 | | maintenance of smoke
detectors in a manner different from this | 22 | | Section, but providing a level of
safety for occupants which is | 23 | | equal to or greater than that provided by
this Section, shall | 24 | | be deemed to be in compliance with this Section, and
the | 25 | | requirements of such more stringent law shall govern over the
| 26 | | requirements of this Section.
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| 1 | | (i) The requirements of this Section shall not apply to | 2 | | dwelling units and hotels within municipalities with a | 3 | | population over 1,000,000 inhabitants. | 4 | | (Source: P.A. 100-200, eff. 1-1-23.)
| 5 | | Section 25. The Animal Control Act is amended by changing | 6 | | Sections 15 and 15.1 as follows:
| 7 | | (510 ILCS 5/15) (from Ch. 8, par. 365)
| 8 | | Sec. 15. (a) In order to have a dog deemed "vicious", the | 9 | | Administrator,
Deputy
Administrator,
or law enforcement | 10 | | officer must give notice of the
infraction that
is the basis of | 11 | | the investigation to the owner, conduct a thorough
| 12 | | investigation, interview
any witnesses, including the owner, | 13 | | gather any existing medical records,
veterinary
medical | 14 | | records or behavioral evidence, and make a detailed report | 15 | | recommending
a
finding that the dog is a vicious dog and give | 16 | | the report to the State's
Attorney's Office and the
owner. The | 17 | | Administrator, State's Attorney, Director or any citizen of the
| 18 | | county in
which the dog exists may file a complaint in the | 19 | | circuit court in the name of
the People of the
State of
| 20 | | Illinois to deem a dog to be a vicious dog. Testimony of a | 21 | | certified applied
behaviorist, a
board certified veterinary | 22 | | behaviorist, or another recognized expert may be
relevant to | 23 | | the
court's determination of whether the dog's behavior was | 24 | | justified. The
petitioner must
prove the dog is a vicious dog |
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| 1 | | by clear and convincing evidence. The
Administrator shall | 2 | | determine where the animal shall be confined during the
| 3 | | pendency of the case.
| 4 | | A dog may not be declared vicious if the court determines | 5 | | the conduct of
the
dog was
justified because:
| 6 | | (1) the threat, injury, or death was sustained by a | 7 | | person who at the time
was
committing a crime or offense | 8 | | upon the owner or custodian of the dog, or was committing a | 9 | | willful trespass or other tort upon the premises or | 10 | | property owned or occupied by the owner of the animal;
| 11 | | (2) the injured, threatened, or killed person was | 12 | | abusing,
assaulting,
or physically threatening the dog or | 13 | | its offspring, or has in the past
abused,
assaulted, or | 14 | | physically threatened the dog or its offspring; or
| 15 | | (3) the dog was responding to pain or injury, or was | 16 | | protecting itself, its
owner,
custodian, or member of its | 17 | | household, kennel, or offspring.
| 18 | | No dog shall be deemed "vicious" if it is a professionally | 19 | | trained dog for
law
enforcement or guard duties. Vicious dogs | 20 | | shall not be classified
in a manner that is specific as to | 21 | | breed.
| 22 | | If the burden of proof has been met, the court shall deem | 23 | | the dog to be a
vicious dog.
| 24 | | If a dog is found to be a vicious dog, the owner shall pay a | 25 | | $100 public safety fine to be deposited into the county animal | 26 | | control fund, the dog shall be spayed or
neutered within 10 |
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| 1 | | days of the finding at the expense of its
owner and | 2 | | microchipped, if not already, and the dog is subject to
| 3 | | enclosure. If an owner fails to comply with these requirements, | 4 | | the animal control agency shall impound the dog and the owner | 5 | | shall pay a $500 fine plus impoundment fees to the animal | 6 | | control agency impounding the dog. The judge has the discretion | 7 | | to order a vicious dog be euthanized. A dog found to be a | 8 | | vicious dog shall not be released to the
owner until the | 9 | | Administrator, an Animal Control Warden, or the
Director | 10 | | approves the enclosure. No owner or
keeper of a vicious dog | 11 | | shall sell or give away the dog without
approval from the | 12 | | Administrator or court. Whenever an owner of a vicious dog | 13 | | relocates, he or she shall notify
both the
Administrator of
| 14 | | County
Animal Control where he or she has relocated and the | 15 | | Administrator of County
Animal Control where he or she formerly | 16 | | resided.
| 17 | | (b) It shall be unlawful for any person to keep or maintain | 18 | | any dog
which has been found to be a vicious dog unless the dog | 19 | | is
kept in an enclosure. The only times that a vicious dog may | 20 | | be allowed out
of the enclosure are (1) if it is necessary for | 21 | | the owner or keeper to
obtain veterinary care for the dog, (2) | 22 | | in the case of an emergency or
natural disaster where the
dog's | 23 | | life is threatened, or (3) to comply with the order of a
court | 24 | | of competent jurisdiction, provided that the dog is securely | 25 | | muzzled
and restrained with a leash not
exceeding 6 feet in | 26 | | length, and shall be under the direct control and
supervision |
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| 1 | | of the owner or keeper of the dog or muzzled in its residence.
| 2 | | Any dog which has been found to be a vicious dog and which | 3 | | is not
confined to an enclosure shall be impounded by the | 4 | | Administrator, an Animal
Control Warden, or the law enforcement | 5 | | authority having jurisdiction in
such area.
| 6 | | If the owner of the dog has not appealed the impoundment | 7 | | order to the
circuit court in the county in which the animal | 8 | | was impounded within 15
working days, the dog may be | 9 | | euthanized.
| 10 | | Upon filing a notice of appeal, the order of euthanasia | 11 | | shall be
automatically stayed pending the outcome of the | 12 | | appeal. The owner shall bear
the burden of timely notification | 13 | | to animal control in writing.
| 14 | | Guide dogs for the blind , deaf, hard of hearing, or | 15 | | deafblind or hearing impaired , support dogs for persons with | 16 | | physical disabilities, accelerant detection dogs, and sentry, | 17 | | guard, or
police-owned dogs are
exempt from this Section; | 18 | | provided, an attack or injury to a person
occurs while the dog | 19 | | is performing duties as expected. To qualify for
exemption | 20 | | under this Section, each such dog shall be currently
inoculated | 21 | | against rabies in accordance with Section 8
of this Act. It | 22 | | shall be the duty of the owner of such exempted dog to
notify | 23 | | the Administrator of changes of address. In the case of a | 24 | | sentry or
guard dog, the owner shall keep the Administrator | 25 | | advised of the location
where such dog will be stationed. The | 26 | | Administrator shall provide police
and fire departments with a |
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| 1 | | categorized list of such exempted dogs, and
shall promptly | 2 | | notify such departments of any address changes reported to him.
| 3 | | (c) If the animal control agency has custody of the dog, | 4 | | the agency may file a petition with the court requesting that | 5 | | the owner be ordered to post security. The security must be in | 6 | | an amount sufficient to secure payment of all reasonable | 7 | | expenses expected to be incurred by the animal control agency | 8 | | or animal shelter in caring for and providing for the dog | 9 | | pending the determination. Reasonable expenses include, but | 10 | | are not limited to, estimated medical care and boarding of the | 11 | | animal for 30 days. If security has been posted in accordance | 12 | | with this Section, the animal control agency may draw from the | 13 | | security the actual costs incurred by the agency in caring for | 14 | | the dog. | 15 | | (d) Upon receipt of a petition, the court must set a | 16 | | hearing on the petition, to be conducted within 5 business days | 17 | | after the petition is filed. The petitioner must serve a true | 18 | | copy of the petition upon the defendant. | 19 | | (e) If the court orders the posting of security, the | 20 | | security must be posted with the clerk of the court within 5 | 21 | | business days after the hearing. If the person ordered to post | 22 | | security does not do so, the dog is forfeited by operation of | 23 | | law and the animal control agency must dispose of the animal | 24 | | through adoption or humane euthanization.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | 26 | | 100-787, eff. 8-10-18.)
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| 1 | | (510 ILCS 5/15.1)
| 2 | | Sec. 15.1. Dangerous dog determination.
| 3 | | (a) After a thorough investigation
including: sending, | 4 | | within 10 business days of the Administrator or Director | 5 | | becoming
aware of the alleged infraction,
notifications to the | 6 | | owner of the alleged infractions, the fact of the
initiation of | 7 | | an investigation,
and
affording the owner an opportunity to | 8 | | meet with the Administrator or
Director prior to the making of | 9 | | a determination;
gathering of
any medical or veterinary | 10 | | evidence; interviewing witnesses; and making a
detailed
| 11 | | written report, an animal control warden, deputy | 12 | | administrator, or law
enforcement agent
may ask the | 13 | | Administrator, or his or her designee, or the Director, to deem | 14 | | a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 15 | | dog" unless shown to be a dangerous dog by a preponderance of | 16 | | evidence. The owner shall be sent immediate notification of the | 17 | | determination
by registered or certified mail that includes a | 18 | | complete description of the
appeal
process.
| 19 | | (b) A dog shall not be declared dangerous if the | 20 | | Administrator,
or his or her designee, or the Director | 21 | | determines the
conduct of the dog was justified because:
| 22 | | (1) the threat was sustained by a person
who at the | 23 | | time was committing a crime or offense upon the owner or
| 24 | | custodian of the dog or was committing a willful trespass | 25 | | or other tort upon the premises or property occupied by the |
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| 1 | | owner of the animal;
| 2 | | (2) the threatened person was
abusing, assaulting, or | 3 | | physically threatening the dog or
its offspring;
| 4 | | (3) the injured, threatened, or killed companion | 5 | | animal
was attacking or threatening to attack the dog or | 6 | | its offspring; or
| 7 | | (4) the dog was responding to pain or injury or was
| 8 | | protecting itself, its owner, custodian, or a member of its | 9 | | household,
kennel, or offspring.
| 10 | | (c) Testimony of a certified applied behaviorist, a board | 11 | | certified
veterinary behaviorist, or another recognized expert | 12 | | may be relevant to
the determination of whether the dog's | 13 | | behavior was
justified pursuant to the provisions of this | 14 | | Section.
| 15 | | (d) If deemed dangerous, the Administrator, or his or her | 16 | | designee, or the
Director shall order (i) the dog's owner to | 17 | | pay a $50 public safety fine to be deposited into the county | 18 | | animal control fund, (ii) the dog to be spayed or neutered | 19 | | within
14
days
at the
owner's expense and microchipped, if not | 20 | | already, and (iii) one or more of the
following
as deemed | 21 | | appropriate under
the
circumstances and necessary for the | 22 | | protection of the public:
| 23 | | (1) evaluation of the dog by a certified applied | 24 | | behaviorist, a
board certified veterinary behaviorist, or | 25 | | another recognized expert in
the field and completion of | 26 | | training or other treatment as deemed
appropriate by the |
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| 1 | | expert. The owner of the dog shall be responsible
for all | 2 | | costs associated with evaluations and training ordered | 3 | | under
this subsection; or
| 4 | | (2) direct supervision by an adult 18 years of age or | 5 | | older
whenever the animal is on public premises.
| 6 | | (e) The Administrator may order a dangerous dog to be | 7 | | muzzled
whenever it is on public premises in a manner that
will | 8 | | prevent
it from biting any person or animal, but that shall not | 9 | | injure the dog or
interfere with its
vision or respiration.
| 10 | | (f) Guide dogs for the blind , deaf, hard of hearing, or | 11 | | deafblind or hearing impaired , support dogs for persons with a | 12 | | physical disability, and sentry, guard, or
police-owned dogs | 13 | | are exempt from this Section; provided, an attack or injury
to | 14 | | a person occurs while the dog is performing duties as expected. | 15 | | To qualify
for exemption under this Section, each such dog | 16 | | shall be currently inoculated
against rabies in accordance with | 17 | | Section 8 of this Act and performing duties
as expected. It | 18 | | shall be the duty
of the owner of the exempted dog to notify | 19 | | the Administrator of changes of
address. In the case of a | 20 | | sentry or guard dog, the owner shall keep the
Administrator | 21 | | advised of the location where such dog will be stationed. The
| 22 | | Administrator shall provide police and fire departments with a | 23 | | categorized list
of the exempted dogs, and shall promptly | 24 | | notify the departments of any
address changes reported to him | 25 | | or her.
| 26 | | (g) An animal control agency has the right to impound a |
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| 1 | | dangerous dog if the owner fails to comply with the | 2 | | requirements of this Act.
| 3 | | (Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)
| 4 | | Section 30. The Humane Care for Animals Act is amended by | 5 | | changing Section 7.15 as follows:
| 6 | | (510 ILCS 70/7.15)
| 7 | | Sec. 7.15. Guide, hearing, and support dogs.
| 8 | | (a) A person may not willfully and maliciously annoy, | 9 | | taunt, tease, harass,
torment, beat, or strike a guide, | 10 | | hearing, or support dog or otherwise engage
in any conduct | 11 | | directed toward a guide, hearing, or support dog that is likely
| 12 | | to impede or interfere with the dog's performance of its duties | 13 | | or that places
the blind, deaf, hard of hearing, deafblind, | 14 | | hearing impaired, or person with a physical disability being | 15 | | served or
assisted by the dog in danger of injury.
| 16 | | (b) A person may not willfully and maliciously torture, | 17 | | injure, or kill a
guide, hearing, or support dog.
| 18 | | (c) A person may not willfully and maliciously permit a dog | 19 | | that is owned,
harbored, or controlled by the person to cause | 20 | | injury to or the death of a
guide, hearing, or support dog | 21 | | while the guide, hearing, or support dog is in
discharge of its | 22 | | duties.
| 23 | | (d) A person convicted of violating this Section is guilty | 24 | | of a Class A
misdemeanor. A second or subsequent violation is a |
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| 1 | | Class 4 felony. A person
convicted of violating subsection (b) | 2 | | or (c) of this Section is guilty of a
Class 4 felony if the dog | 3 | | is killed or totally disabled, and may be ordered
by the court | 4 | | to make restitution to the person with a disability having | 5 | | custody or
ownership of the dog for veterinary bills and | 6 | | replacement costs of the dog.
| 7 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 8 | | Section 35. The Illinois Human Rights Act is amended by | 9 | | changing Section 8-102 as follows:
| 10 | | (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
| 11 | | Sec. 8-102. Powers and duties. In addition to the other | 12 | | powers
and duties prescribed in this Act, the Commission shall | 13 | | have the following
powers and duties:
| 14 | | (A) Meetings. To meet and function at any place within | 15 | | the State.
| 16 | | (B) Offices. To establish and maintain offices in | 17 | | Springfield and Chicago.
| 18 | | (C) Employees. To select and fix the compensation of | 19 | | such technical
advisors and employees as it may deem | 20 | | necessary pursuant to the provisions
of the "The Personnel | 21 | | Code " .
| 22 | | (D) Hearing Officers. To select and fix the | 23 | | compensation of hearing
officers who shall be attorneys | 24 | | duly licensed to practice law in this State
and full-time |
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| 1 | | full time employees of the Commission.
| 2 | | A formal and unbiased training program for hearing | 3 | | officers shall be
implemented. The training program shall | 4 | | include the following:
| 5 | | (1) substantive and procedural aspects of the | 6 | | hearing officer position;
| 7 | | (2) current issues in human rights law and | 8 | | practice;
| 9 | | (3) lectures by specialists in substantive areas | 10 | | related to human rights matters;
| 11 | | (4) orientation to each operational unit of the | 12 | | Department and Commission;
| 13 | | (5) observation of experienced hearing officers | 14 | | conducting hearings of
cases, combined with the | 15 | | opportunity to discuss evidence presented and rulings
| 16 | | made;
| 17 | | (6) the use of hypothetical cases requiring the | 18 | | hearing officer to
issue judgments as a means to | 19 | | evaluating knowledge and writing ability;
| 20 | | (7) writing skills;
| 21 | | (8) computer skills, including , but not limited | 22 | | to , word processing and
document management.
| 23 | | A formal, unbiased and ongoing professional | 24 | | development program
including, but not limited to, the | 25 | | above-noted areas shall be implemented
to keep hearing | 26 | | officers informed of recent developments and issues and to
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| 1 | | assist them in maintaining and enhancing their | 2 | | professional competence.
| 3 | | (E) Rules and Regulations. To adopt, promulgate, | 4 | | amend, and rescind rules
and regulations not inconsistent | 5 | | with the provisions of this Act pursuant
to the Illinois | 6 | | Administrative Procedure Act.
| 7 | | (F) Compulsory Process. To issue and authorize | 8 | | requests for enforcement
of subpoenas and other compulsory | 9 | | process established by this Act.
| 10 | | (G) Decisions. Through a panel of 3 three members | 11 | | designated by the
Chairperson on a random basis, to hear | 12 | | and decide by majority vote complaints filed in conformity | 13 | | with this Act and to approve
proposed settlements. | 14 | | Decisions by commissioners must be based strictly on | 15 | | neutral interpretations of the law and the facts.
| 16 | | (H) Rehearings. To order, by a vote of 3 members, | 17 | | rehearing of its
decisions by the entire Commission in | 18 | | conformity with this Act.
| 19 | | (I) Judicial Enforcement. To authorize requests for | 20 | | judicial enforcement
of its orders in conformity with this | 21 | | Act.
| 22 | | (J) Opinions. To publish each decision within 180 days | 23 | | of the decision to assure a
consistent source of precedent. | 24 | | Published decisions shall be subject to the Personal | 25 | | Information Protection Act.
| 26 | | (K) Public Grants; Private Gifts. To accept public |
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| 1 | | grants and private
gifts as may be authorized.
| 2 | | (L) Interpreters. To appoint at the expense of the | 3 | | Commission a qualified
sign language interpreter whenever | 4 | | a deaf, hard of hearing, or deafblind hearing impaired | 5 | | person is a party or
witness at a public hearing.
| 6 | | (M) Automated Processing Plan. To prepare an | 7 | | electronic data processing
and telecommunications plan | 8 | | jointly with the Department in accordance with
Section | 9 | | 7-112.
| 10 | | (N) The provisions of Public Act 89-370 this amendatory Act | 11 | | of 1995 amending subsection (G)
of this Section apply to causes | 12 | | of action filed on or after January 1, 1996.
| 13 | | (Source: P.A. 100-1066, eff. 8-24-18; revised 10-4-18.)
| 14 | | Section 40. The White Cane Law is amended by changing | 15 | | Section 3 as follows:
| 16 | | (775 ILCS 30/3) (from Ch. 23, par. 3363)
| 17 | | Sec. 3.
The blind, persons who have a visual disability, | 18 | | the deaf, hard of hearing, and deafblind hearing impaired , | 19 | | persons
who are subject to epilepsy or other seizure disorders,
| 20 | | and persons who have other physical disabilities have the same | 21 | | right as the
able-bodied to the full and free use of the | 22 | | streets, highways, sidewalks,
walkways, public buildings, | 23 | | public facilities and other public places.
| 24 | | The blind, persons who have a visual disability, the deaf, |
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| 1 | | hard of hearing, and deafblind hearing impaired , persons who | 2 | | are
subject to epilepsy or other seizure disorders, and persons | 3 | | who have other physical disabilities are entitled to full and | 4 | | equal
accommodations, advantages, facilities and privileges of | 5 | | all common
carriers, airplanes, motor vehicles, railroad | 6 | | trains, motor buses, street
cars, boats or any other public | 7 | | conveyances or modes of transportation,
hotels, lodging | 8 | | places, places of public accommodation, amusement or resort
and | 9 | | other places to which the general public is invited, subject | 10 | | only to
the conditions and limitations established by law and | 11 | | applicable alike to
all persons.
| 12 | | Every totally or partially blind , deaf, hard of hearing, or | 13 | | deafblind or hearing impaired person, person who is subject
to | 14 | | epilepsy or other seizure disorders, or person who has any | 15 | | other physical disability or a trainer of support dogs, guide | 16 | | dogs,
seizure-alert dogs, seizure-response dogs, or
hearing | 17 | | dogs shall
have the right to be accompanied by a
support dog or | 18 | | guide dog especially trained for the purpose, or a dog
that is | 19 | | being trained to be a support dog, guide dog, seizure-alert | 20 | | dog,
seizure-response dog, or hearing dog, in any
of the
places | 21 | | listed in this Section without being required to pay an extra | 22 | | charge
for the guide, support, seizure-alert, | 23 | | seizure-response, or hearing dog;
provided that he shall be | 24 | | liable for
any damage done to the premises or facilities by | 25 | | such dog.
| 26 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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