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